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HomeMy WebLinkAboutPACKET Town Board Study Session 2014-10-14 Tuesday, October 14, 2014 TOWN BOARD 4:30 p.m. – 6:30 p.m. STUDY SESSION Rooms 202/203 4:30 p.m. Trustee Comments & Questions. 4:40 p.m. Future Study Session Agenda Items. (Board Discussion) 4:50 p.m. Follow up Discussion on Seasonal Tour Business Issues. (Administrator Lancaster) 5:05 p.m. Break for Dinner 5:15 p.m. Code of Conduct (Mayor Pinkham and Attorney White) 5:45 p.m. Town Water Ownership and Issues. (Attorney White) 6:30 p.m. Meeting Adjourn. “Informal discussion among Trustees concerning agenda items or other Town matters may occur before this meeting at approximately 4:15 p.m.” AGENDA                    October 14, 2014 October 17, 2014  Budget Study Session October 24, 2014 (If Needed)  Budget Study Session October 28, 2014  Continuation of Discussion of Town’s Role in Housing Including the Possibility of a Study Committee November 11, 2014  Review Citizen’s Survey Results  Work Session with Consultant on Basics of Utility Rates – Tentative Pending Board Approval on 10/14/14 December 9, 2014  2014 Objectives – Review of Progress Items to be Scheduled (Items are not in order of priority)  Enforcement of Vacation Home Regulations Discussion – Recommendations From Staff Due by End of 2014  Parking Structure Design Revisions – Review After Bids are Received  Logo Discussion  Dangerous Buildings Code First Draft Review – First Step in Consideration. Draft will be Presented to the Board Prior to Taking Out to the Public and Stakeholders  Discussion of Town Owned Fish Hatchery Property  Discussion of Possible Election Related to SB 152  Dangerous Buildings Code Final Review – Final Draft to be Presented to the Board After Public Input has been Completed and Incorporated  Discussion of Community Service Grants  Review of the Accelerated Development and Design Process Used for Parking Structure  Review of Draft Policy on Public Forums  Possibility of Joining the RTD   Future Town Board Study Session Agenda Items 1 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.5 POLICY TITLE: BOARD MEMBERS’ CODE OF CONDUCT The Board of Trustees shall operate in an ethical and businesslike manner. As leaders of our community, it is important that the members of the Town Board hold themselves to the highest standard of conduct, setting an example for other Town officials and Town employees, and ensuring that the public has confidence in the integrity of its government and Town Officials. Adherence to these standards will protect and maintain the Town of Estes Park’s reputation and integrity. . 1.5.1 CONDUCT WITH ONE ANOTHER A. The Board of Trustees is composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Embracing this diversity, all have chosen to serve in public office in order to preserve and protect the present and the f uture of the community. In all cases, this common goal should be acknowledged even as Trustees may "agree to disagree" on contentious issues. We will conduct business in a manner consistent with this code of conduct and as outlined in the operating principles of the board (Policy 1.2.) 1.5.2 IN PUBLIC MEETINGS A. Practice civility, professionalism and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. This does not, however, allow Trustees to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. Trustees should conduct themselves in a professional manner at all times. B. Demonstrate effective problem-solving approaches. Trustees have a public obligation to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. C. Be punctual and keep comments relative to topics discussed. Trustees have made a commitment to attend meetings and partake in discussions. Therefore, it is important that Trustees be punctual and that meetings start on time. Be respectful of other people’s time. Prepare for meetings in advance, and be familiar with issues on the agenda. Stay focused and act efficiently during public meetings. It is equally important that discussions on issues be relative to the topic at hand to allow adequate time to fully discuss scheduled issues. D. Avoid expressing opinions during Public Hearings. Trustees should not express opinions during the public hearing portion of the meeting except to ask pertinent questions of the speaker or staff. "I think" and "I feel" comments by Trustees are not appropriate until after the close of the public hearing. Trustees should refrain from arguing or debating with the public during a public hearing and shall always show respect for different points of view. 2 E. Respect the role of the Mayor or Committee Chairpersons in maintaining order. It is the responsibility of the Mayor to keep the comments of Trustees on track during public meetings. Trustees should honor efforts by the Mayor to focus discussion on current agenda items. If there is disagreement about the agenda or the Mayor’s actions, those objections should be voiced politely and with reason. 1.5.3 IN PRIVATE COMUNNICATIONS A. Continue respectful behavior in private. The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions should be maintained in private conversations. B. Be aware of the insecurity public nature of written notes, voicemail messages, and e- mail. Technology allows words written or said without much forethought to be distributed wide and far. Would you feel comfortable to have this note faxed to others? How would you feel if this voicemail message was played on a speakerphone in a full office? What would happen if this e-mail message was forwarded to others? Written notes, voicemail messages and e-mail should be treated as "public" communication. C. Even private conversations can have a public presence. Elected officials are always on display. People around them that they may not know monitor their actions, mannerisms, and language. Lunch table conversations will be eavesdropped uponoverheard, parking lot debates will be watched, and casual comments between individuals before and after public meetings noted. 1.5.4 TRUSTEE CONDUCT WITH TOWN STAFF A. Board prioritization of Staff projects. It is the responsibility of the Town Board as a whole and not individual Trustees to identify and prioritize projects for the Town Staff. Individual Trustees shall refrain from instructing Staff as to the prioritization of projects identified by the Board. The Town Board, or the Mayor in the absence in of Town Board action, shall prioritize Staff projects. B. Treat all staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable. C. Limit contact with specific Town staff. Questions of Town staff and/or requests for additional background information should be directed to the Town Administrator. The Town Administrator should be copied on or informed of any request. Requests for follow- up or directions to staff should be made only through the Town Administrator or the Mayor when appropriate. When in doubt about what staff contact is appropriate, Trustees should ask the Town Administrator or Mayor for direction. Materials supplied to Trustees in response to a request will may be made available to all Trustees, so that all have equal access to information. D. Do not disrupt Town staff from their jobs. Trustees should not disrupt Town staff while they are in meetings, on the phone, or engrossed in performing their job functions, in order 3 to have their individual needs met. E. Never publicly criticize an individual employee. Trustees should never express concerns about the performance of a Town employee in public, to the employee directly, or to the employee’s supervisor. Comments about staff performance should only be made to the Town Administrator through private correspondence or conversation. F. Do not get involved in administrative functions. Trustees must not attempt to influence Town staff on making appointments, selecting consultants, processing of development applications, or granting of Town licenses and permits unless the Trustee has been invited to participate in the process. G. Check with Town staff on correspondence before taking action. Before sending correspondence, Trustees should check with Town staff to see if an official Town response has already been sent or is in progress. When responding to correspondence always clarify if the opinion expressed is your personal opinion or position, or if it is the official position as adopted by the Board of Trustees. H. Requests for staff support, should be made to the Town Administrator, who is responsible for allocating Town resources in order to maintain a professional, well-run Town government. The office of the Town Clerk, in the Administrative Services Department provides routine clerical and support services for the Board. Routine requests for items such as meeting registrations, benefits, reimbursements, scheduling questions can be addressed directly to the Town Clerk. I. Do not solicit political support from staff. Trustees should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from Town staff. Town staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace. I.J. Evaluation of Staff - Individual Board members will not formally evaluate the performance of the Town Administrator, his/her staff or the Town Attorney except as that performance is assessed in accordance with explicit Board of Trustees’ policies. 1.5.5 TRUSTEES CONDUCT WITH THE PUBLIC A. IN PUBLIC MEETINGS - Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual Trustees toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. a. Be welcoming to speakers and treat them with care and gentleness. Speaking in front of the Board can be a difficult experience for some people. Some issues the Board undertakes may affect people’s daily lives and homes. Some decisions are emotional. The way that the Trustees treat people during public hearings can do a lot to make them relax or to push their emotions to a higher level of intensity. b. Be fair and equitable in allocating public hearing time to individual speakers. The Mayor may determine and announce limits on speakers at the start of the public 4 hearing process. If many speakers are anticipated, the Mayor may shorten the time limit and/or ask speakers to limit themselves to new information and points of view not already covered by previous speakers. No speaker will be turned away u nless he or she exhibits inappropriate behavior. Each speaker may only speak once during the public hearing unless the Board requests additional clarification later in the process. After the close of the public hearing, no more public testimony will be accepted unless the Mayor reopens the public hearing for a limited and specific purpose. c. Give the appearance of Aactive listening. It is disconcerting to speakers to have Trustees not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time or gazing around the room gives the appearance of disinterest. Be aware of facial expressions, especially those that could be interpreted as "smirking," disbelief, anger or boredom. d. Ask for clarification, but avoid debate and argument with the public. Only the Mayor – not individual Trustees -- can interrupt a speaker during a presentation. However, a Trustee can ask the Mayor for a point of order if the speaker is off the topic or exhibiting behavior or language the Trustee finds disturbing. If speakers become flustered or defensive by Trustees questions, it is the responsibility of the Mayor or Committee Chairperson to calm and focus the speaker and to maintain the order and decorum of the meeting. Questions by Trustees to members of the public testifying should seek to clarify or expand information. It is never appropriate to challenge or belittle the speaker. Trustees’ personal opinions or inclinations about upcoming votes should not be revealed until after t he public hearing is closed. e. No personal attacks of any kind, under any circumstance. Trustees should be aware that their body language and tone of voice, as well as the words they use, could appear to be intimidating or aggressive. B. IN UNOFFICAL SETTINGS a. Make no promises on behalf of the Board. Individual Board members can represent the Board on Town matters only when delegated those responsibilities by the Board Trustees will frequently be asked to explain a Board action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of Town policy and to refer to Town staff for further information. It is inappropriate to overtly or implicitly promise Board action, or to promise that Town staff will do something specific (fix a pothole, waive a fee, plant new flowers in the median, etc.). b. Make no personal comments about other Trustees. It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other Trustees, their opinions and actions. c. Remember that Estes Park is a small community at heart. The community is constantly observing Trustees every day that they serve in office. Their behaviors and comments serve as models for proper deportment in the Town of Estes Park. Honesty and respect for the dignity of each individual should be reflected in every 5 word and action taken by Trustees, 24 hours a day, seven days a week. It is a serious and continuous responsibility. 1.5.6 BOARD CONDUCT WITH OTHER PUBLIC AGENCIES A. Be clear about representing the Town or personal interests. If a Trustee appears before another governmental agency or organization to give a statement on an issue, the Trustee must clearly state: 1) if his or her statement reflects personal opinion or is the official stance of the Town; 2) whether this is the majority or minority opinion of the Board. Even if the Trustee is representing his or her own personal opinions, remember that this still may reflect upon the Town as an organization. If a Trustee serves in a decision making capacity for another organization and a matter which the Town has taken an official position is discussed by the organization, the Trustee should not maintain a position that significantly impacts or is detrimental to the Town’s official position. In the event the Town has not taken an official position with regard to a matter, and in the Trustee’s judgment, the Trustee believes that the Town would take a position substantially different than that proposed to be taken by the organization, the Trustee should consult with the Mayor regarding the Town’s possible position. B. Correspondence should also be equally clear about representationexpressing official Town positions. CORRESPONDENCE USING TOWN LETTERHEAD: The Town letterhead shall be used only to correspond and represent the Town’s official position on any matter. All official Town correspondence shall be signed by the Mayor or Mayor Pro Tem unless a specific Trustee is authorized by the Town Board to individually respond to a matter and express the Town’s official position. A copy of official correspondence should be given to the Town Clerk to be filed as part of the permanent public record. C. Trustee correspondence concerning town matters: Trustees may correspond with individuals or organizations on any matter involving the Town. In the event that the Trustee’s personal correspondence expresses a personal opinion that differs from the Town’s official position, the Trustee should make clear that the Trustee’s personal opinion differs from the Town’s official position. 1.5.7 TOWN TRUSTEE CONDUCT WITH OTHER BOARDS AND COMMISSIONS The Town has established several Boards and Commissions as a means of increasing community involvement in government and to serve as advisors to the Town Board. They are a valuable resource to the Town’s leadership and should be treated with appreciation and respect. A. If attending a Board or Commission meeting, be careful to only express personal opinions unless you are authorized to represent the Town Board. Trustees may attend any Board or Commission meeting open to the public, but should be sensitive to the way their participation – especially if it is on behalf of an individual, business or developer -- could be viewed as unfairly affecting the process. Any public comments by a Trustee at a Board or Commission meeting should be clearly made asindicate if it is an individual opinion and not aor a representation of the official opinion of the Town Board. B. Be respectful of diverse opinions. A primary role of the Board or Commission is to Commented [FL1]: Do we want to do this? It seems if an individual trustee wants to respond officially, even with their own opinion or position, they should be able to use town letterhead, as long at the position is clearly identified as their own personal opinion. 6 provide advice and make decisions based on a full spectrum of concerns and perspectives. Trustees must be fair and respectful of all citizens serving on Boards and Commissions. C. Inappropriate behavior can lead to removal. Inappropriate behavior by a Trustee should be noted to the Mayor, and the Mayor should counsel the offending member. If inappropriate behavior continues, the Mayor should bring the situation to the attention of the Town Board, and the individual may be subject to removal from the Board pursuant to Section 31-04-307 CRS. 1.5.8 CONDUCT WITH THE MEDIA Trustees may be contacted by the media for background information and quotes. All media contacts should be referred to the PIO. A. The Mayor is the official spokesperson for the Town Board of Trustees. The Mayor is the designated representative of the Board of Trustees to present and speak on the official Town position. If the media contacts an individual Trustee, the Trustee should be clear about whether her/his comments represent the official Town position or a personal viewpoint. B. The best advice for dealing with the media is to never go "off the record." Most members of the media represent the highest levels of journalistic integrity and ethics, and can be trusted to keep their word. But one bad experience can be catastrophic. Words that are not said cannot be quoted. C. Choose words carefully and cautiously. Comments taken out of context can cause problems. Be especially cautious about humor, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the media. 1.5.9 CONFLICT OF INTEREST A. Section 31-4-404 (2) C.R.S. “Any member of the governing body of any city or town who has a personal or private interest in any matter proposed or pending before the governing body shall disclose such interest to the governing body, shall not vote thereon, and shall refrain from the attempt to influence the decisions of the other members of the governing body in voting on the matter.” A personal or private interest for purposes of identifying a conflict of interest by a member of the Board of Trustees is defined as follows: Any substantial financial, property or commercial benefit of any Trustee or any parent, spouse, or child of the Trustee in any matter which will or potentially will require an official action of the Board of Trustees. A Trustee does not have a conflict of interest if the matter involves a similar benefit conferred upon or available to all persons or property similarly situated. B. Disclosure: A Trustee having a conflict of interest in any matter before the Town Board shall disclose the interest to the Town Board. The Trustee shall not vote or otherwise take 7 any formal action or discussion concerning the matter, shall not participate in any executive session concerning the matter, and shall refrain from attempting to influence any other member of the Board of Trustees either in public or private discussion of the matter. C. Additional State Requirements: The provisions of this section shall be in addition to any applicable conflict of interest provisions of the State Statutes or State Constitution that are at least as restrictive as this section, and shall supersede any such conflict of interest provisions of the State Statutes and/or State Constitution that are less restrictive than this section. D. Exception: A member of the Board of Trustees may vote notwithstanding a conflict of interest if the Trustee’s participation is necessary to obtain a quorum or otherwise enable the Board to act if the Trustee complies with the volunteer disclosure provisions of Section 24-18-110 C.R.S. E. Sanction: Section 31-4-307 C.R.S. provides, by a majority vote of all members of the Board of Trustees, the Mayor and any member of the Board may be removed from office. A violation of this section may be considered by the Board of Trustees as grounds for removal from office pursuant to the procedures set forth in Section 31-4-307 C.R.S. F.E. Appearance of Impropriety: A Trustee should consider, but is not required to, excuse themselves from those matters which due to the specific circumstances concerning the matter may appear to members of the public to be a potential conflict of interest thus avoiding the appearance of impropriety. 1.5.10 SANCTIONS A. Inappropriate Staff Behavior. Trustees should refer to the Town Administrator any Town staff that does not follow proper conduct in their dealings with Trustees, other Town staff, or the public. These employees may be disciplined in accordance with standard Town procedures for such actions. B. Trustees Behavior and Conduct. Trustees who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the Town Board. Serious infractions of the Code of Conduct could lead to other sanctions as deemed appropriate by the Town Board, including removal from the Board pursuant to Section 31-04-307 CRS. It all comes down to respect Respect for one another as individuals. . . Respect for the validity of different opinions. . . Respect for the democratic process. . . Respect for the community that we serve. 1.5.1. Members of the Board of Trustees must represent unconflicted loyalty to the interests of the citizens of the entire Town. This accountability supersedes any conflicting loyalty such as that to any advocacy or interest groups, or membership on other Boards or staffs. This accountability also supersedes the personal interest of any Board member acting as an individual consumer of the Commented [FL2]: This is redundant and is already covered in the SANCTIONS section 8 Town government’s services. 1.5.2. Members of the Board of Trustees must avoid any fiduciary conflict of interest, ex-parte communication involving quasi-judicial matters or nepotism conflicts. 1.5.3. Members of the Board of Trustees will act in accordance with the Colorado Revised Statutes and the Code of the Town of Estes Park, as they relate to the Board’s responsibilities and authorities. 1.5.4. Individual Board members can represent the Board on Town matters when delegated those responsibilities by the Board 1.5.5. Members of the Board of Trustees may not attempt to exercise individual authority over the Town government except as explicitly set forth in Board policies. 1.5.5.1. Board of Trustees’ interaction with the Town Administrator or with staff must recognize the lack of authority in any individual Board member or group of Board members except when explicitly authorized by the Board in a public meeting. 1.5.5.2. Individual Board members’ interaction with public, press or other entities must recognize the same limitation except when explicitly authorized by the Board of Trustees in a public meeting. 1.5.5.3. Individual Board members will not formally evaluate the performance of the Town Administrator, his/her staff or the Town Attorney except as that performance is assessed in accordance with explicit Board of Trustees’ policies. 1.5.5.4. Individual members of the Board of Trustees may not intentionally coerce or intimidate Town employees, interfere with Town employees’ duties or authority. Town Attorney Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Gregory A. White, Town Attorney Date: October 8, 2014 RE: Town Water Rights Report The following is a listing of the Town’s water rights including the pros and cons of each individual water right. The Town’s Augmentation Plan is an integral part of the Town’s Municipal Water System and is designed to maximize the use of the Town’s water rights. This report will discuss the Augmentation Plan. The report will also discuss current issues regarding the Town’s water rights. TOWN WATER RIGHTS CONTRACT RIGHTS  Bureau of Reclamation Contract – 500 acre feet  Colorado Big Thompson Allotment – 1217 units  Windy Gap Allotment – 3 units (300 acre feet) DIRECT FLOW WATER RIGHTS  Glacier Creek Pipeline – 2.0 cfs  Estes Park Town Company Pipeline and Estes Park Water Company Pipeline – 2.0 cfs  Estes Park Cascade Diversion – 1.55 cfs Page 2 PROS AND CONS OF EACH WATER RIGHT Bureau of Reclamation Contract Pro:  Senior Water Right  Firm Yield of 500 acre feet  Low Cost Con:  Treatment Limited to Mary’s Lake Plant  Single use CBT Units Pro:  Senior Water Right  Firm Yield of 608.5 to 1217 acre feet  Low Cost  Rental and Transfer  Carry Over Program Con:  Treatment Limited to Mary’s Lake Plant  Variable Yield Windy Gap Allotment Pro:  Fully Consumable  Augmentation Plan  Rental and Transfer Con:  Variable Yield of 0 to 300 acre feet  High Cost  Treatment Limited to Mary’s Lake Plant Direct Flow Water Rights Pro:  Treatment at Glacier Creek  Augmentation Plan  No Volumetric Limitation  Low Cost Page 3 Con:  Very Junior Rights  Available Water Flow AUGMENTATION PLAN  Concept  Final decree – January 10, 2001  Administration o Monthly Calculation 6% - 17% o Augmentation Water  Integrated Operations – In lieu program ISSUES  Adequacy of the Town Water Rights Portfolio for future water system demand o See attached Use tables  Future of integrated operations in the new Carriage Contract with the Bureau of Reclamation for the Windy Gap Firming Project  The effect of the Windy Gap Firming Project (Chimney Hollow Reservoir) on the Town’s future water demands  Maximizing Glacier Plant treatment capacity  Redundancy in treatment and transmission  Colorado River issues including Colorado River compact call, climate change, and/or environmental concerns  Prospect Mountain Water Company Glacier Marys Native USA Windy Gap Collateral CBT CBTCreek Lake Total Total Glacier Creek (Replacement) Carry OverYear (gallons) (gallons) (gallons) (ac/ft) (ac/ft) (ac/ft) (ac/ft) (ac/ft) (ac/ft) (ac/ft)2004 262,459,900 215,798,700 478,258,600 1,467.8 717.0 500.2 90.7 0.0 159.9 0.02005 326,776,200 193,136,400 519,912,600 1,595.7 977.2 488.0 108.1 0.0 22.4 0.02006 301,028,600 238,409,000 539,437,600 1,655.6 953.6 500.1 163.9 0.0 0.0 38.02007 359,876,500 175,725,000 535,601,500 1,643.8 998.5 500.0 123.2 0.0 0.0 22.12008 319,437,800 200,023,600 519,461,400 1,594.3 940.0 500.3 126.4 0.0 0.0 27.52009 411,853,600 79,094,689 490,948,289 1,506.8 1,216.4 162.2 128.2 0.0 0.0 0.02010 203,650,200 329,842,304 533,492,504 1,637.3 821.8 500.1 92.4 0.0 223.1 0.02011 227,703,594 302,281,909 529,985,503 1,626.6 546.9 499.1 30.9 36.9 512.8 0.02012 318,738,149 211,920,660 530,658,809 1,628.6 940.3 500.0 84.3 7.5 96.5 0.02013 194,399,200 332,836,207 527,235,407 1,618.0 773.0 499.8 90.8 0.7 10.3 243.4**2014 204,315,100 191,129,008 395,444,108 1,213.6 412.9 499.9 68.0 0.0 232.8 0.0** YTDAnnual Water Production Totals Water Rights Used