Loading...
HomeMy WebLinkAboutPACKET Town Board Study Session 2014-05-13 Tuesday, May 13, 2014 TOWN BOARD 4:00 p.m. – 6:30 p.m. STUDY SESSION Rooms 202/203 4:00 p.m. Trustee Comments & Questions. 4:05 p.m. Future Study Session Agenda Items. (Board Discussion) 4:15 p.m. Review Policy Governance. (Administrator Lancaster) 5:15 p.m. Break for Dinner 5:30 p.m. Trustees Roles and Responsibilities. (Attorney White) 6:30p.m. Meeting Adjourn. “Informal discussion among Trustees concerning agenda items or other Town matters may occur before this meeting at approximately 3:45 p.m.” AGENDA                May 13, 2014 May 27, 2014  Town’s Role Associated with Attainable Housing  Town Sponsored Public Forums Discussion June 10, 2014  Ethics, Liability & Best Practices / Tami Tanue - CIRSA  Town’s Role in Events – Update on Events Committee June 24, 2014  Fall River Master Plan Discussion  Museum / Senior Center Master Plan June 26, 2014 (Board Retreat)  Review Strategic Plan – Goals / Practices July 8, 2014  Town Water Ownership / Issues Briefing September 9, 2014  2014 Objectives – Review of Progress October 14, 2014  Seasonal Tour Business - Follow Up Discussion November 11, 2014  Review Citizen’s Survey Results – Next Steps December 9, 2014  2014 Objectives – Review of Progress Items to be Scheduled (Items are not in order of priority)  Commercially Zone Properties Discussion  Update on Community Center Feasibility Study  Fish Hatchery Property Discussion Future Town Board Study Session Agenda Items Items to be Scheduled - Continued  Review of the Accelerated Development and Design Process Used for Parking Structure  Review Capital Investment Plan ESTES PARK BOARD OF TRUSTEES STUDY SESSION May 13, 2014 AMENDMENT 41 Article XXIX of the Colorado Constitution (known as Amendment 41) became effective on March 10, 2008. 1. Applicability. Amendment 41 applies to the Town of Estes Park as a Local Government. Amendment 41 does not apply to special districts such as the Hospital District, Park & Rec District nor the School District. Amendment 41 applies to employees of the Town of Estes Park, elected officials of the Town of Estes Park, and appointed officials of the Town of Estes Park (members of the Estes Valley Planning Commission, Board of Adjustment). Volunteers of the Town of Estes Park are not subject to the provisions of Amendment 41. 2. Prohibited Gifts. Amendment 41 provides that those individuals covered by Amendment 41, including an individual’s spouse or dependent child, shall not receive/accept any gift having a fair market value greater than $50 in any calendar year from a person (person includes entity, corporation, etc.) for private or personal financial gain. Private or personal financial gain means any money, forebearance, forgiveness of indebtedness, gift or other thing of value given or offered by a person seeking to influence an official act that is performed in the course and scope of public duties by a public officer, member of the general assembly, local government official, or government employee. Official act is defined as any vote, decision, recommendation, approval, disapproval, or other action including inaction which involves the use of discretionary authority. Examples: Conferences – Banquets – Receptions Sporting Events Free Passes – Local Events Discounts Travel Expenses ESTES PARK BOARD OF TRUSTEES STUDY SESSION May 13, 2014 CONFLICT OF INTEREST A member of the Town Board having a “personal or private interest in a matter proposed or pending before the Town Board “shall disclose the interest to the Town Board and not vote on the matter. The term personal or private interest is not defined. Section 31-4-404 C.R.S. State Code of Ethics, 24-18-101 et seq. C.R.S. FINANCIAL INTEREST 1. Disclose or use confidential information acquired in the course of the Trustee’s official duties in order to further substantially the Trustee’s financial interests; 2. Accept a gift of substantial value which; a. Would improperly influence a reasonable person in making an official decision or b. Which a reasonable person would assume is or is intended as a reward for the Trustee’s official action on a particular item. 3. Take an official action which substantially benefits the Trustee’s business or is substantially to the economic detriment of a competing business. Trustee’s business includes: a. Ownership in a business (director or officer) b. Employment or prospective employment – consultant, agent c. A loan or debtor interest d. A creditor interest in an insolvent business 4. A Trustee shall not be a party to a contract with the Town which is approved by the Trustee in his/her official capacity except the following: a. Contracts awarded to the lowest responsible bidder based upon competitive bidding procedures; b. Investments or deposits in financial institutions in the business of loaning or receiving monies; or c. A contract with respect to which the Trustee has disclosed the personal interest and has not voted thereon. 5. What if the financial benefit would be to a spouse or a member of the family? a. If a conflict of interest concerns a spouse, it is also a Trustee’s conflict of interest because it is assumed that spouses would share financial benefits in their normal daily living. b. Close family members – sons, daughters. If the children are emancipated then there is no financial conflict of interest. Appearance of Impropriety or Conflict of Interest. A Trustee should consider declaring a conflict of interest and abstaining from discussion and action on an official action, if under the circumstances of the matter, there is an appearance of impropriety. For example, a Trustee is a member of the Board of Directors of local non-profit organization. The non-profit organization is requesting an official action of the Town Board. The participation of the Trustee in the vote on the matter would not be a violation of the State Code of Ethics since there is no substantial financial interest involved but rather an appearance of impropriety in the discussion and vote on the matter. Perception of Bias. If the Trustee feels that due to certain circumstances concerning the matter, for example, application by a close personal friend, business associate, or neighbor, would create a perception that the Trustee could be biased, it is my opinion that the Trustee should declare a conflict of interest and not participate. Procedure Declaring a Conflict of Interest. At the time of introduction of an individual item on the Town Board Agenda in which the Trustee feels that he or she has a conflict of interest, the Trustee shall state that he or she has a conflict of interest and then abstain from participating and/or voting on the matter. A Trustee is not required to disclose the reason for the conflict of interest. A Trustee having a conflict of interest should not in any way influence other members of the Town Board at any time with regard to said matter. It has been the practice of some Trustees to leave the room during discussion and voting on an individual item. That is an individual Trustee’s decision. There is no requirement to leave the room. Questions regarding Conflict of Interest. If an individual Trustee is unsure as to whether or not a conflict of interest exists, please contact the Town Attorney and discuss the matter. The Trustee’s request will be kept confidential. IF YOU FEEL YOU HAVE A CONFLICT OF INTEREST, YOU PROBABLY DO. ESTES PARK BOARD OF TRUSTEES STUDY SESSION May 13, 2014 OPEN MEETINGS – PUBLIC RECORDS OPEN MEETINGS The Colorado Supreme Court has described the Open Meetings law as “reflecting the considered judgment of the Colorado electorate that democratic government best serves the common welfare if its decisional processes are open to public scrutiny”. Meetings Definition. Any meeting of three or more members of the Town Board at which public business is discussed is a meeting subject to the Open Meetings law. This includes in person, by telephone, or electronic – email. Email between two Trustees or a Trustee and the Staff discussing a Town issue is not a meeting. A Trustee who engages in discussion of public business with another Trustee by email and copies one or more other Trustees on the email creates a public meeting subject to the requirements of the Open Meetings Law. If a Trustee wishes to communicate by email with more than one member of the Town Board, that correspondence should be sent to the Staff for forwarding to the other Trustees. Also, this enables the Staff to keep a complete record of discussion of any public matter. Notice of the Meeting. Prior notice of all meetings, including an agenda, is required. The notice shall be posted no less than 24 hours prior to the holding of the meeting. Minutes. Minutes shall be kept of all meetings. OPEN RECORDS All public records of the Town are open for inspection by any person upon request. Open records include all written documentation including email. Please keep in mind that all correspondence between Trustees, the public, and/or Staff are public records and subject to inspection by any person upon request. ESTES PARK BOARD OF TRUSTEES STUDY SESSION May 13, 2014 QUASI-JUDICIAL/LEGISLATIVE QUASI-JUDICIAL HEARINGS Official action taken by the Town Board on certain matters are quasi-judicial decisions. As such, the applicant and all persons concerned have a right to expect that the Town Board will make an impartial decision based upon the information concerning the matter presented to the Town Board at the public hearing. Quasi-Judicial Hearing Requirements: 1. Notice 2. Public Hearing 3. Decision based on an established set of standards a. Estes Valley Development Code b. Colorado Liquor and Beer Codes Ex-parte Communications. Since a Trustee’s decision on the application is based upon the information presented by the applicant, the staff, and input at the public hearing, the Trustee should not, if possible, have ex-parte contact (discussions with applicants, interested parties, citizens, or other Trustees outside of the public meeting) concerning a quasi-judicial matter. If an ex-parte communication does occur, the Trustee should reveal the essence of that communication at the time of the hearing on the application. If a citizen wishes to discuss general policy matters with a Trustee and there is no pending application, the Trustee may discuss general policy matters with a citizen. LEGISLATIVE MATTERS If a matter before the Town Board is not a quasi-judicial matter, it is a legislative matter. Examples of legislative matters are as follows: 1. Municipal Code amendments 2. Town Budget 3. Contracts and IGAs Certain legislative decisions may appear to have the same type of formality as a quasi- judicial decisions - public notice, public hearings such as amendments to the Estes Valley Development Code. However, these are legislative decisions of the Town Board. The Town Board is free to have ex-parte communications concerning legislative matters. However, good public policy dictates that any information relied on by a Trustee in making a decision should be made available to the public, other Trustees, and Staff. The best venue for discussion of Town issues and policies is at the regular and study sessions of the Town Board. Policy Governance BriefingBoard Study SessionMay 13th, 2014Frank LancasterTown Administrator High Performance GovernmentGoverning Body and Staff in PartnershipJohn NalbandianUniversity of Kansas www.goodlocalgovernment.orgAttributes of the High Performance Governing BodyAddresses difficult policy problemsBuilds capacity to work effectively togetherDevelops productive relationship with staff www.goodlocalgovernment.orgObstacles• Conflicting values that drive policymaking• Conditions that make public policymaking difficult• Perspectives of elected officials and staff www.goodlocalgovernment.orgGoverning Body Working ConditionsVague Task DefinitionNo HierarchyNo SpecializationLittle FeedbackOpen Meetings www.goodlocalgovernment.orgValuesRESPONSIVENESS =– Representation +– Efficiency/Professionalism +– Social Equity +– Individual Rights www.goodlocalgovernment.orgAdopted Policies for Governance Reduces uncertaintyKnow policymaking roleGoals settingProblem solving techniquesDevelop norms of behaviorTeam buildingPartnership with staff www.goodlocalgovernment.orgAdministrator’s RoleTranslatepolitics and administrationAlign– Staff priorities with governing body goals– Governing body and staff expectations and contributions– Passion and data www.goodlocalgovernment.orgSteps to TakeIdentify value conflictsDepersonalize issuesEstablish vision; set goalsBuild team expectationsSchedule board retreatsDevelop effective relationship with staffUnderstand political and administrative logicDevelop translator role Policy Governancebased on the work of Dr. John CarverBoards That Make a Difference(Jossey-Bass, 1990) DefinitionsBoard – Any GoverningBoard, Commission, Council or CommitteeThis does not apply to advisory boards, working boards, or quasi-judicial boards.CEO – Chief Executive Official.Executive Director, Manager, President, Administrator, Director, etc OVERVIEWPolicy Governance, created by Dr. John Carver, is a groundbreaking model of governance designed to empower boards of directors to meet their obligation of accountability for the organizations they govern. The model enables the board to focus on the larger issues, to delegate with clarity, to control management's job without meddling, to rigorously evaluate the accomplishment of the organization; to truly lead their organization.www.miriamcarver.com What Policy Governance Is Not:Strategic Planning ModelFinancial Planning ModelManagement TechniqueGoal SettingObjective SettingCriticism of Past ActionsStructural ChangeA way to take power away from the Board. Policy Governance:Empowers the BoardMakes staff more accountableImproves the use of Board time.Improves the effectiveness of the Organization. What Others Have Said about Board Functionality. “Effective governance by a board of trustees is a relatively rare and unnatural act . . . . trustees are often little more than high-powered, well-intentioned people engaged in low-level activities” (Chait, Holland, and Taylor, 1996) What Others Have Said about Board Functionality“There is one thing all boards have in common . . . . They do not function” (Peter Drucker, 1974) What Others Have Said about Board Functionality“Ninety-five percent (of boards) are not fully doing what they are legally, morally, and ethically supposed to do” (Harold Geneen CEO IT&T, 1984) What Others Have Said about Board Functionality“Boards have been largely irrelevant throughout most of the twentieth century” (James Gillies, Economist, Member of Canadian House of Commons, 1992) What Others Have Said about Board FunctionalityBoards tend to be, in fact, incompetent groups of competent individuals (John Carver) Policy Governance is a Paradigm Shift on how to look at the role of a governing board 3 Basic Assumptions1. The Governing Body “Owns” the business.*May own on behalf of others*Board is NOT there to help staff*What do the owners need from the Board*ALL authority comes from the Board 3 Basic Assumptions2. The Board only has authority when acting as a group. 3 Basic Assumptions3. The Board’s Only official link to the organization is with the CEO.* Doesn’t mean board members can’t talk to other members of staff. *Instructions, evaluation, monitoring, are done ONLY with the CEO.*CEO performance is synonymous with Organizational performance.*The board is accountable for what the CEO’s job is and that the CEO does the job well. The CEO is not accountable for what the board’s job is and that the board do its job well. 1. The Governing Body “Owns” the business.2. The Board only has authority when acting as a group.3. The Board’s Only official link to the organization is with the CEO.3 Basic Assumptions Accountability in LeadershipRequires the Board to :be definite about its performance expectationsto assign these expectations clearlyto check to see that the expectations are being met Nested Bowl ConceptThe Board of Trustee’s official link to the operation of departments and staff is the Town Administrator Nested Bowl ConceptThe Board’s job is generally confined to establishing the broadest vision and policies. Implementation and subsidiary decision making is delegated to the Town Administrator Nested Bowl ConceptWith the exception of the Town Attorney and Municipal Judge, the Town Administrator shall have line authority over all Town Departments... Nested Bowl ConceptThe Town Administrator delegates authority for the management of the Utilities Department to the Director of Utilities. Concept Discussion Policy Governance - Making it WorkFour Categories•Governance Process•Board-Staff Linkages•Staff Limitations•Ends Governance Process Governance ProcessHow does the Board do its Job?How does the Board work together? Governance Process Topics•Who does the Board represent?•How will the Board maintain contact with “owners”?•What products does the board exist to produce?•What is the role of the Chair?•Code of Conduct•How is the agenda formulated?•What is the role of board committees? Governance ProcessRole of the Chair .CHAIRPERSON FAUX PAS(From Elected Officials Little Handbook, Second Edition , by Len Wood)Acting as the chair for a group is a demanding task. Here are some common mistakes:Failing to remain impartial during a heated discussion.Forgetting to relinquish the gavel when the chair becomes emotionally enmeshed in an issue.Treating members unevenly.Cutting off discussion before members are ready.Failing to close discussion in a timely manner.Letting the meeting drift.Allowing the meeting to become too informal.Neglecting to explain the process being followed.Failing to restate audience questions so all in the audience can hear. TWENTY WAYS TO OFFEND COLLEAGUES Attempt to dominate meetings.Cut off statements of colleagues.Magnify errors of colleaguesMake fun of colleagues’ statements.Tell colleagues that they are wrong.Insist upon pontificating.Appeal directly to the audience.Amend a motion to soften it and then don’t vote for it.Don’t show up at scheduled meetings or events.Request a special meeting and fail to attend. TWENTY WAYS TO OFFEND COLLEAGUES (cont)Commit to a position before the meeting.Take individual credit for group accomplishments.Fail to really listen to colleagues.Pressure colleagues to take a position before the meeting.Pack the meeting for pressure purposes.Violate a colleague’s confidence.Covertly use the media to achieve your agenda.Force a vote on a key issue before the group is ready.Criticize staff in public.Fail to prepare for meetings. GoverningCategory 1. Governance ProcessPolicy 1.0 Governance CommitmentPolicy 1.1 Governing StylePolicy 1.2 Operating Principles Policy 1.3 Board Job Description Policy 1.4 Mayor’s ResponsibilityPolicy 1.5 Board Members' Code of Conduct Policy 1.6 Board Appointed Committee PrinciplesPolicy 1.7 Board Liaison RolesPolicy 1.8 Board Committee PrinciplesPolicy 1.9 Annual Planning And Agendas Code of Conduct Code of Conduct for the Estes Park Board of TrusteesThis Policy prescribes guidelines for behaviors of Town Trustees and appointed officials in the performance of their official duties and interaction with both the Public and Town Administration. Some ethical requirements are enforced by Federal, State or local laws. Others rely on training or on an individual’s desire to do the right thing. Governance Process Board/Staff Linkages Board/Staff LinkagesDelegation to the CEOCEO Job DescriptionMonitoring of CEO Performance Board/Staff LinkagesDelegation to the CEO•Defines scope of authority of CEO•Defines scope of activity of the Board•CEO can make all decision, take all actions, as long as they are consistent with any reasonable interpretation of the policies of the Board•Defines consequences and circumstances for stepping outside of this delegation Board/Staff LinkagesDefines consequences and circumstances for stepping outside of this delegationShould the Town Administrator deem it necessary to, or inadvertently, violate a Board policy, he or she shall promptly inform the Board of Trustees. Informing is simply to guarantee no violation may be intentionally kept from the Board, not to request approval. Board response, either approving or disapproving, does not exempt the Town Administrator from subsequent Board judgment of the action. Board/Staff LinkagesMonitoring PerformanceMonitoring CEO performance is synonymous with monitoring organizational performance against Board policies and Staff Limitations. Board/Staff LinkagesMonitoring PerformanceThe purpose of monitoring is simply to determine the degree to which Board policies are being met. Information which does not do this will not be considered to be monitoring. Monitoring will be as automatic as possible, using a minimum of Board time. Board/Staff LinkagesMonitoring PerformanceInternal Report - Disclosure of info from the CEOExternal Report - Discovery of info from disinterested 3rd party reporting directly to the Board.Direct Board Inspection   Board/Staff Linkages Staff Limitations ALLmeans are justified by the ends... Use any means necessary EXCEPT those articulated by the Board as unacceptable.STAFFLIMITATIONS Nested Staff LimitationsThe Town Administrator shall not cause or allow any practice that is unlawful, imprudent or unethical. Nested Staff LimitationsWith respect to the treatment of staff, the Town Administrator may not cause or allow conditions which are unsafe, unfair or undignified. Nested Staff LimitationsThe Town Administrator shall not operate without written personnel policies that clarify personnel rules for employees Staff Limitations•Encourages creativity and flexibility•Lets the experts do their job•Reduces miscommunication between staff and board. •Can be as loose or restrictive as the Board desires.•Creates clear performance standards.•Can be changed by the Board at any time. Staff Limitations Ends Decision MakingAB•Designation of Consumer Results. What Good?•Designation of Recipient. For Whom?•Designation of Worth of the Results. At What Cost?Everything Else•Methods and Practices•Technology•Conduct•Staffing•Programs Decision MakingAB•Designation of Consumer Results. What Good?•Designation of Recipient. For Whom?•Designation of Worth of the Results. At What Cost?Everything Else•Methods and Practices•Technology•Conduct•Staffing•Programs •Designation of Consumer Results. What Good?•Designation of Recipient. For Whom?•Designation of Worth of the Results. At What Cost? 2014 Strategic PlanRevised November 26th, 2013VISIONThe Town of Estes Park will enhance our position as a premier mountain communityMISSIONThe Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting.KEY OUTCOME AREASRobust Economy- We have a diverse, healthy year round economyInfrastructure- We have reliable, efficient and up to date infrastructure serving our residents, businesses and guestsExceptional Guest Services- We are the preferred Colorado mountain destination providing an exceptional guest experience.Public Safety, Health and Environment- Estes Park is a safe place to live, work, and visit within our extraordinary natural environmentOutstanding Community Services- Estes Park is an exceptionally vibrant, diverse, inclusive and active mountain community in which to live, work and play, with housing available for all segments in our community.Governmental Services and Internal Support- We provide high-quality, reliable basic municipal services for the benefit of our citizens, guests, and employees, while being good stewards of public resourcesTransportation- We have safe, efficient and well maintained multi-modal transportation systems for pedestrians, vehicles and transit. Ends Pulling it all together