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HomeMy WebLinkAboutPACKET Town Board Study Session 2012-09-25* Revised NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. STUDY SESSION TOWN BOARD Tuesday, September 25, 2012 4:30 p.m. Rooms 202/203 170 MacGregor Ave. AGENDA 4:30 p.m. Review 2013 Board Objectives Bear & Wildlife Issues Policy Governance I 6:30 p.m. Meeting Adjourn – Prepare for Board Meeting. Page 1 To: Honorable Mayor Pinkham Board of Trustees From: Town Administrator Lancaster Date: September 19, 2012 RE: Review 2013 Board Objectives Background: Each year the Board of Trustees develop a list of objectives for what the Board, as the governing body of the Town of Estes Park, would like to accomplish in the following year. In August the Board had a retreat to discuss and develop these objectives for 2013 Attached is the latest draft of these objectives, in a redline version, that includes the written comments I have received from individual trustees on the draft staff developed based on the discussions from the Board retreat. Requested Action: Finalize any changes to the objectives. Staff will then prepare a final copy for formal adoption by the board at the next regular Town Board meeting. ADMINISTRATION Memo   Draft 3  9‐18‐12    2013 Estes Park Board of Trustees’ Objectives Develop Economic Strategy • Complete an internal audit of town services and information to support business expansion and new businesses by >>x date <<. (Includes review of impact of town regulations on business attraction and expansion and information available on the town website) • Continue to participate in county, regional and state economic planning • Develop and adopt a policy defining the Town’s role in economic development by >>insert specific date<< Improve Transportation • • Construct a parking structure at the Visitor Center by 12/31/2013 based on grant funding • Sustain Infrastructure • Implement a street maintenance /improvement program by 4/1/2013 • Explore external funding options for street improvement plans. • Present a plan to address groundwater issues with the closed landfill on Elm Road by 3/31/2013 • Address management of Town owned buildings by 5/31/2013 • Develop a Capital improvements strategy for water and electric infrastructure by ____. Stanley Park Redevelopment • Develop and implement a process for the use of the FOSH funding by 3/31/ 2013 • Bid the design phase of A-3 stall barn • Bid the construction of the MPEC • Decide on MPEC vs. A-3 stall barn build • Gather funding options for both stall barn and MPEC • Complete stall barn construction by 5/15/2013 Bond Park Redevelopment • Complete the Phase 5 development of Bond Park Comment [FL1]: Suggested by Trustee Koenig  Comment [FL2]: From John Ericson – drop this  item  Comment [FL3]: Trustee Ericson  Deleted: . Deleted: <#>¶ Deleted: Begin the construction of the transit facility in 2013 Comment [FL4]: Suggested by John Ericson as  an alternative to the bullet above  Comment [FL5]: Trustee Ericson – need a bullet  related to the shuttle here as well  Comment [FL6]: Would you prefer “Improve”   Kate R  Deleted: Continue the Deleted: internal and Deleted: s Comment [FL7]: John E  Deleted: A Comment [FL8]: John E  Deleted: maintenance and Comment [FL9]: John E  Comment [FL10]: Suggested by Trustee Koenig  Deleted: the end of first quarter, Comment [FL11]: John E  Comment [FL12]: Most of this is 2012 activities,  so should this be revised to reflect the objectives in  2013?  Comment [FL13]: Suggested by Trustee Koenig  Deleted: <#>>>some type of goal related to MPEC/ Stall Barns?<<¶ Comment [FL14]: John E suggests removing this  section completely    Draft 3  9‐18‐12    • Issue RFP for the next phase of Bond Park redevelopment for design in 2013 with completion in 2014 Administration • Adopt a plan to address ongoing capital needs comprehensive capital improvement plan, including financing alternatives • Adopt Governing policies for the Board by June 1st, 2013 • Developand adopt a strategic planing process by 5/31/2013 • Complete a review of all IGA’s and MOU’s for Town Appointed Committees and a review of all MOU’s with outside partner organizations (Ambassadors, Western Heritage, etc) Comment [FL15]: Eric B.  Deleted: Other Deleted: policy and Comment [FL16]: John E  Formatted: Superscript Comment [FL17]: John E suggested date of  9/30/2013  Deleted: . Deleted: ment Deleted: ion Deleted: of Deleted: June 1st, to be used in the development of the 2014 budget and in subsequent years. Comment [FL18]: John E  Comment [FL19]: Trustee Ericson  Town Administrator Memo To: Honorable Mayor Pinkham Board of Trustees From: Frank Lancaster, Town Administrator Date: September 25th, 2012 RE: UPDATE: BEARS AND WILDLIFE ISSUES Background: Many factors have contributed to an increase in bear/ human interactions in and around the Town of Estes Park this past summer. One bear was euthanized by the Colorado Department of Parks and Wildlife after it became habituated and was repeatedly breaking into cabins west of town. In another incident a bear was shot and killed earlier this summer at the Elkhorn Lodge, and then a bear cub was shot and killed last month along Fish Creek Road. After several residents expressed concerns about bear issues at a Town Board meeting on July 24th, the Town scheduled a community meeting to discuss issues around bear/ human interaction and what could be done to lessen the negative impacts to both people and bears. The Town held a community open meeting on bears on August 9th. The meeting was standing room only in Town Hall and a number of specific issues and recommendations were discussed. As a follow up to this meeting, the Town Administrator put together an ad-hoc working committee, representative of those who attended the August 9th meeting to come up with potential actions that the community could take to protect human and bear safety. On this group was: Barbara Sellers, local citizen Jim Tawney, Lodge owner Johanna Darden, citizen Jon Landkamer, YMCA Lary Rogstadt, CDOPW Representative from Waste Management Susan Wolf, Bears Are Us Wes Kufeld, Police Chief The Ad-Hoc committee met on September 10th, and broke the issue into 3 areas. Education, Town Operations and Regulation FINDINGS: 1. Education – A major issue with bear safety is related to actions of residents, businesses and guests in the Estes Valley. Garbage is a major attractant to bears. It lures them into the human environment. Better management of garbage is needed. An education campaign aimed at specific target audiences could teach people how to “bear proof” their properties and eliminate the attraction to bears. Key points to be covered are: a. How to secure trash and garbage b. Securing or eliminating other sources of attraction, such as bird feeders, and pet food,etc. c. Bear Cards, similar to the Elk Cards currently distributed by the Police Department. d. Having a consistant message from the Town, lodging facilties, businesses and the National Park. The message needs to be targeted to the audiences; Residents, Lodge owners, restaurants operators and visitors. To implement this educational effort, the Town, through the Office of Public Information, will coordinate a coalition represented by Town government, DOPW, YMCA, waste haulers, businesses, Estes Area Lodging Association, Bears are Us and Visit Estes Park. This group will develop an educational outreach plan to use throughout the community. Some minor financial investment for collateral material may be required for this effort. Timeline is to develop and have a comprehensive education campaign in place before the bears come out of hibernation next spring. 2. Town Operations - The Town owns and maintains a large number of trash recepticles throughout the Town. It is important that the Town set an example in its operations for businesses, residents and guests alike. We have already altered some practices, specifically, more frequent and later emptying of Town trash cans. It is recommended that the Town work to convert its trash recepticles to bear resistant models as practicable. The town has approximatly 140 trash cans. The preliminary estimate to replace all these with bear resistant containers is $168,000. We will be pursuing grant funding to help offset the cost of conversion, and to possible phase in the replacement, starting in those areas with higher bear activitiy. We also will be following up with other mountain communities to learn from their experiences about what types of containers work best, both for bear resistance and ease of use for humans. 3. Regulation – The Town can do a better job of enforcement for regulations we already have in place. The Police Department is increasing its enforcement of current trash ordinances. We also have existing development requirements in more recent developments requiring bear resistant trash containers. Some of these have are out of compliance and we can increase inspections to ensure compliance in with these existing development requirements. In researching what other communities have done, there is a large spectrum of options that the Board of Trustees could consider for some sort of enforcment of best practices with waste management. I’ve listed these options here, from the least to most restrictive regulation.   a. No regulation b. Pass a Resolution encouraging residents to utilize bear resistant trash containers. No enforcement. (Grand County model) c. Ordinance that requires that residential garbage be secured and only placed out for collection after 6:00 AM on the day of collection. Trash could not be left out overnight. d. Require all residential trash to be in a container. Setting out bagged trash not in a container would be prohibited. e. Require all businesses with garbage (organic food waste material, as opposed to non-food waste, such as cardboard, or paper) to have bear resistant trash containers. f. Require all residents to use bear resistant trash containers for all garbage. g. Require all trash haulers to be licensed to operate within the Town and a condition of licensure would require the companies to supply only bear resistant containers to their customers, and a condition that they only collect and haul garbage from bear resistant containers. Page 1 To: Honorable Mayor Pinkham Board of Trustees From: Town Administrator Lancaster Date: September 19, 2012 RE: Policy Governance Background: At the retreat in June the Board of Trustees directed the Town Administrator to proceed with drafting Policy Governance policies for the Town Board. Policy Governance provides a framework for the operations of the Town Board as the governing body of the Town of Estes Park. Policy Governance is usually divided into four distinct areas: Governance, Board/Staff Linkages, Staff Limitations and Ends. Attached for Board consideration is the first draft of Section one of a Policy Governance manual concerning Governance. Also attached for review are two related draft policies that support the Governance principles outlined in the Policy Governance Manual. One on TOWN BOARDS, COMMISSIONS, COUNCILS AND COMMITTEES, and a second on BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES Requested Action: These drafts are for review and discussion only. Any comments will be incorporated and a revised final draft will come back to the board later this fall for consideration. Final adoption of a Policy Governance Manual will occur after all sections of the manual have been reviewed and are acceptable to the Board of Trustess. ADMINISTRATION Memo Draft3 9-21-12 1 Governing Policies of the Town of Estes Park Board of Trustees Draft2 9/18/2012 – Introduction and Governing Policies Draft3 9-21-12 2 Introduction These Governing Policies, as adopted by the Board of Trustees, incorporate four categories of policy. The first category is the Governance Process, which clarifies the board's own job and rules, how they work together and how the Board relates to the citizens of Town of Estes Park. Category two is Board/ Staff Linkages which outlines the delegation and accountability through the Town Administrator. The third Category is Executive Limitations which describes the prudence and ethics, and limitations of the authority and responsibilities of the Town Administrator in his/her role as the Chief Appointed Official for the board directing the staff of the Board of Trustees. The first three all work together to efficiently and effectively implement the fourth Category, which is the vision, direction, and policy of the Board of Trustees. These describe what benefits will occur, for which people, at what cost. To further its accountability to the citizens and taxpayers of the Town of Estes Park, the Board of Trustees adheres to the following principles of governance: 1. Ownership: The Board connects its authority and accountability to its “owners” – the citizens and taxpayers of the Town – seeing its task as servant leader to and for them. 2. Governance Position: With the ownership above it and operational matters below it, governance forms a distinct link in the chain of command and authority. The Board’s role is that of commander, not advisor. It exists to exercise that authority and properly empower others rather than to be management’s consultant, ornament, or adversary. The Trustees—not the staff—bears full and direct responsibility for the process and products of governance, just as it bears accountability for any authority and performance expectations delegated to others. 3. Board Holism: The Board of Trustees makes authoritative decisions directed toward management and toward itself, its individual Trustees, and committees only as a total group. That is, Town Board authority is a group authority rather than a summation of individual authorities. 4. Goals Policies: The Town Board defines, in writing, the (a) results, changes, or benefits that should come about for specified goals (b) recipients, beneficiaries, or otherwise defined impacted groups, and (c) at what cost or relative priority for the various benefits or various beneficiaries. These are not all the possible “side benefits” that may occur, but those that form the purpose of the organization, the achievement of which constitutes organizational success. Policy documents containing solely these decisions are categorized as “Goals” in the policies that follow. Draft3 9-21-12 3 5. Board Means Policies: The Board of Trustees defines, in writing, those behaviors, values added, practices, disciplines, and conduct of the Board itself and of the Board’s delegation/accountability relationship with its own subcomponents and with the management part of the organization. Because these are not decisions relating to Goals, they are called “Board Means” to distinguish them from “Ends” and “Staff Means”. These decisions are categorized as “Governance Process” and “Board Management Delegation”. 6. Management Limitations Policies: The Board makes decisions with respect to its staff’s means decisions and actions only in a proscriptive way in order simultaneously (a) to avoid prescribing means and (b) to put off limits those means that would be unacceptable even if they work. These decisions are categorized as “Management Limitations” in the policies that follow. 7. Self-Enforcing – These policies are collectivily adopted by the Estes Park Board of Trustees and as such only the board and individual trustees are responsible for compliance both individually and collectively. Draft3 9-21-12 4 TOWN OF ESTES PARK BOARD OF TRUSTEES GOVERNING POLICIES MANUAL Table of Contents 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 Boards and Commissions Principles Policy 1.7 Boards and Commissions Policy 1.8 Board Liaison Roles Policy 1.9 Board Committee Principles Policy 1.10 Agenda Planning Draft3 9-21-12 5 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.0 POLICY TITLE: GOVERNANCE COMMITMENT Within the authority granted to it by Colorado Revised Statutes, the purpose of the Town of Estes Park Board of Trustees (the “Board”), on behalf of the citizens of Town of Estes Park, is to see to it that the Town of Estes Park government 1) achieves appropriate results for appropriate persons at an appropriate cost and 2) avoids unacceptable actions and situations. 1.1 The Board of Trustees will approach its task with a style which emphasizes outward vision rather than an internal preoccupation, strategic leadership more than administrative detail, clear distinction of Board and staff roles, collective rather than individual decisions, future rather than past or present, and proactively rather than reactively. 1.2 The operating principles and commitments of the Board of Trustees, as it relates to the working relationship between the Trustees, staff and citizens of theTown of Estes Park, are to emphasize fairness; responsibilities as elected officials; respect; honesty and integrity; and communication. 1.3 The job of the Board of Trustees is to make contributions which lead the Town Government toward the desired performance and to assure that it occurs. The Board’s specific contributions are unique to its trusteeship role and necessary for proper governance and management. 1.4 The responsibility of the Mayor is, primarily, to establish procedural integrity and representation of the Board of Trustees and the Town to outside parties (as delegated by the Board). 1.5 The Board expects of its members ethical and businesslike conduct. 1.6 The Board of Trustees may establish boards and commissions to advise the Board in carrying out its responsibilities 1.7 Other than those statutorily required, all boards and commissions appointed by the Town of Estes Park Board of Trustees exist so that Board decisions (a) will be made from an informed position, and (b) will be made in a public forum consistent with Board policy. 1.8 The Board of Trustees shall appoint an individual Trustee to serve as the official liaison of the Board to Town Boards and Commissions. The Board of Trustees may appoint an individual Trustee to serve as the official liaison to other community groups. Draft3 9-21-12 6 1.9 Board Committees, when used, will be assigned so as to reinforce the wholeness of the Board’s job and so as never to interfere with delegation from the Board to Town Administrator. The purpose of Board Committee’s shall be to provide more indepth discussion and information on the specific areas assigned to the Committee. Committee’s may not vote or adopt policy, but shall make recommendations to the Town Board for action. 1.10 The Town Board will prepare and follow an annual agenda plan that includes (1) a complete re-exploration of Goals policies and (2) opportunity for continuous improvement in Town Board performance through Town Board education, enriched input, and deliberation. >>Item for Discussion – Recusal vs Abstention from a vote? Difference and is there a different policy needed?<< Draft3 9-21-12 7 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.1 POLICY TITLE: GOVERNING STYLE The Board of Trustees will approach its task with a style which emphasizes outward vision rather than an internal preoccupation, strategic leadership more than administrative detail, clear distinction of Board and staff roles, collective rather than individual decisions, future rather than past or present, and proactive rather than reactive. In this spirit: 1.1.1. The Board of Trustees will operate fully aware of its trusteeship and stewardship obligation to its constituents. 1.1.2. The Board of Trustees will conduct itself individually and collectively with whatever discipline is needed to govern with excellence through: A. Being committed to matters such as policy making principles, role clarification, speaking with one voice and self-policing of any tendency to stray from governance adopted in Board policies. B. Individual Board members’ thorough preparation for meetings and regular attendance. C. Continuation of Board development including orientation of new members in the Board’s governance process, participation in relevant continuing education, and periodic Board discussion of process improvement. 1.1.3. The Board of Trustees will direct, control and motivate the organization through the careful establishment of broad written policies reflecting the Board’s values and perspectives. The Board’s emphasis will be on impacts on the Town outside the organization, not on the administrative means. 1.1.4. The Board of Trustees, as trustee for and working with the citizens of the Town of Estes Park, will be the primary initiator of policy, and will also be receptive to other policy initiatives from citizens and staff. The Board, not the staff, will be responsible for Board performance as specified in the policy entitled Board Job Products. 1.1.5. The Board of Trustees will be accountable to the Citizens of the Town of Estes Park for competent, conscientious and effective accomplishment of its obligations as a body. It will allow no individual, committee or entity to usurp this role or hinder this commitment. Draft3 9-21-12 8 1.1.6. The Board of Trustees will regularly monitor and discuss the Board’s own process and performance, and ensure the continuity of its governance capability through continuing education and training. 1.1.7. A member of the Board of Trustees who votes in the minority is free to express his/her dissent but will respect the process and legitimacy of the majority decision. 1.1.8 Any member of the Board of Town Trustee will respect legitimacy of the opinions and reasoning of other Trustees when and after making board decisions. 1.1.9 Agree not to hold grudges or bring baggage from past actions into future decisions. 1.1.10 A member of the Board of Trustees who, in their sole opinion, believe they have a conflict of interest or for any other reason believes that they cannot make a fair and impartial decision in a legislative or quasi-judicial decision, will recuse themselves from the discussion and decision. Any recusal will be made prior to any board discussion of the issue and the board member will leave the room for the remainder of the discussion of the issue. Draft3 9-21-12 9 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.2 POLICY TITLE: OPERATING PRINCIPLES The operating principles and commitments of the Board of Trustees, as it relates to the working relationship between the Trustees, staff and citizens of Town of Estes Park, are to emphasize fairness; responsibilities as elected officials; respect; honesty and integrity; and communication. 1.2.1 FAIRNESS: We are committed to fairness in our day to day activities. To ensure an atmosphere of fairness, we agree to the following principles: A. We will listen to all sides of an issue. B. We will be fair with each other. C. Citizens will have opportunity to access the Board of Trustees, with the exception of any contact that may be considered ex-parte communication associated with a quasi-judicial decisions. D. We have an obligation to listen to each other, citizens and staff with the understanding that an obligation to listen does not necessarily equate to an obligation to agree or to act as requested. E. We will treat each other as equals. 1.2.2 RESPONSIBILITIES AS ELECTED OFFICIALS: We understand and agree that we have certain responsibilities to the public and community beyond those simply articulated in law. A. We believe we are each responsible for our own actions as Trustees. We will take responsibility for our own actions. B. We agree to address issues and respond to each others requests in a timely and open manner. C. We will give equal weight to rights and responsibilities when making decisions. D. When giving staff responsibility we will grant the appropriate authority to carry out that responsibility. E. We have a fiduciary responsibility to uphold the Constitutions of the United States and the State of Colorado, and all laws and regulations of the United States, the State of Colorado and the Town of Estes Park. 1.2.3. RESPECT: Citizens’ trust in government is critically important. The key to building and maintaining this trust is placing a high value on respecting each other and those we work with and serve as public officials. A. We agree to take others' concerns seriously. B. We agree to accept and respect each other's individuality, supporting each other by capitalizing on our individual strengths, working together, as a team, utilizing each others' expertise, to accomplish our goals and the goals of the Town of Estes Park. C. We believe that information flow within the organization is important and Draft3 9-21-12 10 that all affected parties should have all of the information that is important to them, whenever possible. D. We agree to respect each other's feelings and ideas and to treat everyone with respect. E. We will make every effort to not just listen but to understand the point from others' perspective. F. We understand that respect comes in many forms and we will make every effort to show respect for others both in our verbal and non-verbal actions. G. We treat those providing input at Town meetings with respect. 1.2.4. HONESTY AND INTEGRITY AND TRUST: As elected officials we will hold ourselves to a high standard of honesty and integrity in the community. A. We will deal with each other honestly. B. We are committed to high standards of ethics in our dealings with each other, employees, and citizens. C. If an interpersonal conflict or problem develops, we will work with the people involved only and strive to settle the conflict or problem in a constructive basis. D. We treat our office as a public trust. The Town’s resources and powers are to be used for the benefit of the public. . E. We refrain from decisions in which our financial or personal interests are specifically affected by a decision and shall adhere to applicable Colorado Law governing conflict of interest. F. We do not accept personal gifts except as specifically allowed by Colorado Law. E. We respect and adhere to our oath of office 1.2.5. COMMUNICATION: We believe that to be effective as elected officials, we must communicate clearly and completely at all times. A. We believe in full disclosure and “no surprises” in our internal operations and in working together as a Board. We will strive for open and candid communication among citizens, staff and each other. B. We are committed to providing our citizens with relevant, accurate and timely information about the Town goals, services, fiscal programs, services provided, and the decisions that will affect the public. C. We believe it is important to keep each other informed of our activities and of issues facing us as a Board of Trustees. We understand that there are times when citizens request confidentiality, and in situations where confidentiality is warranted, we will disclose the general nature of the meeting to our fellow Trustees within limits which respect the request or necessity for confidentiality. We also agree to respect the judgment of our fellow Trustees in their judgment of the necessity for confidentiality on any given issue. 1.2.6 ACCOUNTABILITY: A. We will exercise our authority with open meetings and access to public records. Draft3 9-21-12 11 B. We will hold executive sessions only for reasons allowed by Colorado Revised Statutes. C. We are positive advocates for the Town and are accessible to the citizens of Estes Park. Draft3 9-21-12 12 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.3 POLICY TITLE: BOARD JOB DESCRIPTION The job of the Board of Trustees is to lead the Town Government toward the desired performance and to assume a good faith effort toward those objectives. The Board’s leadership is unique to its trusteeship role and necessary for proper governance and management. 1.3.1 The products of the Board shall be: 1. Linkage: As the Town of Estes Park Board of Trustees places a high value on open, participatory government, the board will produce the linkage between Town of Estes Park government and the Citizens of Town of Estes Park. A. Needs Assessment: The Board of Trustees will strive to identify the needs of the citizens as they relate to Town of Estes Park’s activities and scope of influence, and shall translate such knowledge into the articulation of Board Objectives policies (see definition below). B. Advocacy and Ambassadorship: The Board of Trustees will act as the representatives of the citizens to the Town of Estes Park government, and shall take steps to inform and clarify: i. the citizens relationship with government, and ii. the organization’s focus on future results, and as well as present accomplishments. 2. Written governing policies that, at the broadest levels, address each category of organizational decision: A. GOVERNANCE PROCESS: Specification of how the Board of Trustees conceives carries out and monitors its own task B. STAFF LIMITATIONS: Constraints on staff authority which establish the prudence and ethics boundaries within which all Town Administrator and staff activity and decisions must take place. C. BOARD/STAFF LINKAGE: How power is delegated and its proper use monitored; the role, authority and accountability of the Town Administrator (and the Town Attorney).. D. OUTCOMES: Organizational products, effects, benefits, to answer the questions for (what good, for which recipients, and at what cost?). Draft3 9-21-12 13 3. The Board will produce assurance of: A. Town Administrator performance (in accordance with policies in 2A and 2B) B. Town Attorney performance (in accordance with policies in 2A and 2B) 4. Adopted resolutions, regulations, ordinances, and fee schedules; legislative positions; the Audit; the Budget; Boards and Commissions; and statutorily mandated items. 1.3.2 Role of Town Trustees 1.3.2.1 Representation: i. Providing leadership for the Town on behalf of the citizens of Estes Park. ii. Representing and acting in the best interest of citizens of the Town of Estes Park. iii. Being knowledgeable of issues, researching background information, attending regularly scheduled meetings, and acting as a resource for citizens’ concerns. iv. Serving as a conduit for information from citizens to the Town Administrator and the Mayor in responding to questions and individual problems. v. Finding a balanced approach for addressing competing interests among constituent groups to ensure the community is fairly represented. vi. Representing the Board of Trustees on standing committees of the Town for the purpose of monitoring major Town activities and policy implementation. 1.3.2.2 Legislative: I. Serving as the governing body of the Town and holding all legislative and corporate powers of the Town specifically granted or implied by statutory provisions and the Municipal Code. II. Enacting ordinances, resolutions and policies for the governance of the Town of Estes Park and protecting the life, health and property of its citizens and visitors. III. Establishing policy for the direction of the Town Board and Town Staff. IV. Establishing fiscal policy, financial targets, and budget goals for the Town government. V. Having final decision making responsibilities over pertinent land use issues and application of development code requirements within the Town of Estes Park. 1.3.2.3 Quasi-Judicial: i. Acting in a quasi-judicial manner in matters brought before it that relate to public hearings, appeals, land use, and liquor licensing. Draft3 9-21-12 14 ii. Making decisions concerning quasi-judicial matters based upon testimony presented at formal hearings which are normally conducted during regularly scheduled Town Board meetings. iii. Not accepting nor seeking outside input or lobbying that attempts to influence their decision prior to the quasi-judicial Public Hearing. Any and all ex parte communication shall be disclosed at the beginning of the hearing. Not doing so may cause a Trustee to be disqualified from the proceedings. 1.3.2.4 Communications: I. Following a formal decision, acting as a united body, not as individual Trustees, and acknowledging the decision of the Town Board. II. The Town Administrator is the sole point of contact between the Trustees, as policy makers, and Town Staff. III. Interacting with the media, governmental entities, the public or other bodies as individual Trustee and not as a representative of the majority of Trustees unless an official position or legislative action has been established or authorized to do so. IV. Communicating to the Mayor and other Trustees items of importance from their respective committees and providing information that may be necessary to keep other members aware of important Town activities or critical functions. Draft3 9-21-12 15 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.4 POLICY TITLE: MAYOR’S RESPONSIBILITY The responsibility of the Mayor is, primarily, to establish procedural integrity and representation of the Board of Trustees and the Town to outside parties (as delegated by the Board). Accordingly: 1.4.1. The responsibility of the Mayor is to consistently guide the behavior of the Board with its own rules and those legitimately imposed upon it from outside the organization. 1.4.1.1. Meeting agendas and discussion content will be only those issues which, according to Board policy, clearly belong to the Board to decide, not the Town Administrator. 1.4.1.2. Deliberation will be fair, open, orderly and thorough, but also efficient, limited to time, and kept to the point. a. 1.4.2. The authority of the Mayor is to preside over meetings and to sign documents as authorized by the Board of Trustees and to preside over the evaluation of the Town Administrator by the Town Board. 1.4.3. The Mayor shall not act on behalf of the Town in any unilateral manner, except as approved by the Board of Trustees. This shall include any appointment of committee or board positions, making any financial or other binding obligations on behalf of the town, or expressing the official position of the Town on any matter. 1.4.4 Representation: 1.4.4.1 Provide leadership for the Town of Estes Park. 1.4.4.2 Serve as the primary representative of the Town of Estes Park in official and ceremonial functions. 1.4.4.3 Represent the Town in interaction with other government agencies. 1.4.4.4 Be the spokesperson for the Town unless the Town Board has decided otherwise. 1.4.4.5 Represent the Town Board as a liaison with the Town Administrator to promote the timely flow of information between the Town Board, Town Staff and other governmental organizations. 1.4.4.6 Represent the Town on the Platte River Power Authority Board. Draft3 9-21-12 16 1.4.5 Enactment: 1.4.5.1 Mayor in conjunction with the Town Board and Town Administrator enforces the ordinances and laws of the Town. 1.4.5.2 Signs all warrants (see section 2.12.020 of the Municipal Code). 1.4.5.3 Executes all ordinances and resolutions authorizing expenditure of money or the entering into a contract before they become valid. The Mayor has the authority to disapprove such ordinances or resolutions in writing, subject to Board of Trustees override. 1.4.5.4 Mayor with, Town Board approval, appoints members of committees, commissions and other entities that may be necessary from time to time for the effective governance of the Town. 1.4.5.5 Facilitating policies and procedures for the effective management of the Board, establishing Town goals in conjunction with the Town Board, promoting consensus and enhancing Board performance. 1.4.6 Mayor Pro Tem - Mayor Pro Tem shall assume all duties of the Mayor in the Mayor’s absence in accordance with Section 2.16.010 of the Municipal Code. Draft3 9-21-12 17 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. Accordingly: 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 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. Draft3 9-21-12 18 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.6 POLICY TITLE: COMMITTEE PRINCIPLES The Board of Trustees may establish boards and commissions to advise the Board in carrying out its responsibilities. Accordingly: 1.6.1. This policy applies only to boards and commissions which are appointed by the Board of Trustees, whether or not it is called a board or commission 1.6.2. Other than those legislativly directed, Boards and commissions may not speak or act for the Board of Trustees except when formally given such authority for specific and time-limited purposes. Expectations and authority will be carefully stated in order not to conflict with authority delegated to the staff. 1.6.3. Boards and commissions appointed by the board are to help the Board of Trustees do its job, not to help the staff do its job. Boards and commissions ordinarily will assist the Board by preparing policy alternatives and implications for Board deliberation. Boards and commissions are not created by the Board to advise staff. The Board understands that at times the Town Administrator or Town Staff may convene ad-hoc or ongoing advisory boards to serve as advisors for operational issues. These advisory groups are subject to the same limitations as Board appointed boards and commissions. 1.6.4. In keeping with the Board of Trustees’ broader focus, boards and commissions normally will not have direct dealings with current staff operations. Boards and commissions cannot exercise authority over staff. 1.6.5. Because the staff works for the Board, they will not be expected to obtain approval of a board or commission before taking action unless otherwise authorized by state statute, Board policy, or federal regulation. 1.6.6. Because of the differing nature of Boards and Commissions, some of which are defined by state statute, the Board shall have and keep current an operating policy defining the role of different boards and setting forth rules and procedures for Town of Estes Park Boards (OPS xxx). NOTE: I am going to rewrite these two policies on boards to try an eliminate the confusion in names (boards, commissions, task forces, panels, councils, etc) by adding this clarifying statement at the beginning “For the purpose of this Policy and Procedure, the term “Committee” shall refer to any board, commission, task force, council, committee or any other volunteer group of citizens serving the Town of Estes Park.” I’ll have a clean copy to provide to the board at the meeting on Tuesday. Draft3 9-21-12 19 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.7 POLICY TITLE: BOARDS AND COMMISSIONS Other than those statutorily required, all boards and commissions appointed by the Town of Estes Park Board of Trustees exist so that Board decisions (a) will be made from an informed position, and (b) will be made in a public forum consistent with Board policy. Accordingly, the following principles shall guide the appointment and operation of all Board of Trustees appointed boards and commissions: 1.7.1. The authority and responsibility of any board or commission will not duplicate the authority or responsibility of: A. The Board of Trustees B. Town Staff C. Any other board or commission D. Town Auditor E. Town Attorney 1.7.2. All boards and commissions will undergo a regular sunset review, at least once every five years, unless otherwise provided for more frequently and according to a staggered schedule to be adopted separately by the Board of Trustees. 1.7.3. Said sunset review shall include a review of the Board and Commission’s MissionStatement, and of the Board of Trustees’ charge to the Board or Commission of their role, responsibility and authority. 1.7.4. Appointments to all Boards and Commissions by the Board of Trustees shall be limited to maximum service of two consecutive terms or six consecutive years, on any particular board or commission, unless waived by the Board of Trustees for the following reasons: 1.7.4.1. Lack of applicants to fill positions on the Board or Commission 1.7.4.2. Lack of applicants with specific required knowledge or skill to fill the position. 1.7.4.3. Lack of applicants who meet specific qualifications as required by legislation to fill the position. Draft3 9-21-12 20 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.8 POLICY TITLE: BOARD LIAISON ROLES The Board of Trustees shall appoint an individual Trustee to serve as the official liaison of the Board to Town Boards and Commissions. The Board of Trustees may appoint an individual Trustee to serve as the official liaison to other community groups. 1.8.1 Appointment - Any Trustee serving as a liaison to any group, either internal or external, shall be appointed by the Town Board. 1.8.2 Term – A Trustee shall serve as the Town Board Liaison soley at the pleasure of the Town Board, with no specific term limit. 1.8.3 Duties of a Liaison 1.8.3.1 Communicate with the board or commission when Board of Trustees communication is needed and to serve as the primary two-way communication channel between the Town Boardand the board or commission. 1.8.3.2 Review applications, interview candidates and make recommendations to the Town Board for final approval. 1.8.3.3 Serve as the primary Trustees’ contact for the board or commission. 1.8.3.4 Attend assigned board and commission meetings when requested or whenever appropriate, in the opinion of the Trustee liaison. Trustee liaisons are not expected to attend every meeting of the board or commission. 1.8.3.5 The liaison is not a member of the board or commission and when in attendance at a meeting is there as an observer for the Board of Trustees and a resource for the board or commission. Participation in board discussions should be minimal and restricted to clarification of Town Board positions or collection of information to bring back to the full Town Board. Draft3 9-21-12 21 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.9 POLICY TITLE: BOARD COMMITTEE PRINCIPLES At the first regular meeting following the certification of the results of each biennial election, the Mayor shall appoint three (3) Trustees to the following standing committees: community development, public safety, public works and utilities. (Ord. 26-88 §1(part), 1988; Ord. 7-03 §1, 2003; Ord. 10-10 §1, 2010) 1.9.1 Board Committees – The Board shall have the following Board Committees (Ord. 26‐88  §1(part), 1988; Ord. 7‐03 §1, 2003; Ord. 10‐10 §1, 2010) 1.9.1.1 Community Development and Community Services Committee – Responsible for discussions of issues and policy associated with Community Planning, Building and Code Compliance, Fairgrounds and Events, Museum, Senior Center, Visitors Center, Finance and Administration 1.9.1.2 Public Works and Public Safety Committee – Responsible for discussions of issues and policy associated with Police, Engineering, Facilities, Parks, Streets, and Utilities. 1.9.2. Board Committees, when used, will be assigned so as to reinforce the wholeness of the Board’s job and so as never to interfere with delegation from the Board to Town Administrator. The purpose of Board Committee’s shall be to provide more indepth discussion and information on the specific areas assigned to the Committee. Committee’s may not vote or adopt policy, but shall make recommendations to the Town Board for action. 1.9.3 The following principles shall guide the appointment and operation of all Town Board Committees: 1.9.3.1 Board Committees may not speak or act for the Board except when formally given such authority for specific and time limited purposes. Expectations and authority will be carefully stated in order not to conflict with authority delegated to the Town Administrator. 1.9.3.2 Board Committees cannot exercise authority over staff. Because the Town Administrator works for the full board, he or she will not be required to obtain approval of a Board, Committee or Commission before an executive action. 1.9.3.3 Board committees shall consist of no more than 3 trustees so that the committee is never a quorum of the Town Board. >>NOTE: A change to muncipal code is needed to be in comliance<< Draft3 9-21-12 22 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.10 POLICY TITLE: Annual Planning and Agendas     1.10 The Town Board will prepare and follow an annual agenda plan that includes (1) a complete re‐exploration of Goals policies and (2) opportunity for continuous improvement in Town Board performance through Town Board education, enriched input, and deliberation. Accordingly: 1.10.1 The Town Board annual planning cycle will conclude each year on July 1, so that administrative planning and budgeting can be based on accomplishing a one‐year segment of long‐term Goals. 1.10.1.1 The cycle will start with the Town Board development of its agenda for the next year. 1.10.1.2 The Town Board will identify its priorities for Goals, objectives and other issues to be resolved in the coming year, and will identify the information‐gathering necessary to fulfill its role. This may include consultations with selected groups in the ownership, other methods of gaining ownership input, governance education, and other education related to Goals issues (e.g. presentations by advocacy groups, demographers, other providers, and staff). 1.10.1.3 The Board of Trustees, with the assistance of the Town Administrator at the commencement of the Town Board annual planning cycle, prepare a tentative agenda plan for the following year’s meetings. 1.10.2 AGENDAS 1.10.2.1 Regular Board Meetings - The Town Clerk will prepare the agenda for any regular meeting of the board, in consultation with the Town Administrator and staff. A draft agenda will be distributed to the Board of Trustees for comment prior to the publication of the agenda. Individual trustees may request agenda matters for Town Board consideration at the study session two weeks prior to the regular board meeting. The Town Board may then, at the study session, direct the Town Clerk to add the requested matter to a future regular town board meeting agenda. 1.10.2.2 Study Sessions – The Town Board will approve the schedule for upcoming Study Sessions. The Mayor, Trustees or staff may request or recommend any appropriate matters for Town Board consideration; however the Town Administrator will only place items on a Study Session agenda with the agreement of a majority of the Board. Draft3 9-21-12 23 1.10.2.3 By an affirmative vote of a majority of the Trustees present at a meeting, additional matters may be added to the agenda of any such meeting, as long as it is allowed by statute. 1.10.3 The Town Board will attend to Consent Agenda items (those items delegated to the Town Administrator yet required by law or contract to be Town Board‐approved, or minor non- controversial or routine matters) as expeditiously as possible. 1.10.4 Monitoring reports due and/or submitted to the Town Board will be on the Town Board Meeting agenda for acceptance. Discussion of the reports will be only for indication of policy violations or if the Town Board does not consider the Interpretation to be reasonable. Potential, extensive policy revisions under consideration will be scheduled during a Town Board Work Session or future Town Board Meeting.   ‐ 1 Rev3 9-21-12 POLICIES AND PROCEDURES ADMINISTRATIVE POLICY AND PROCEDURE xxxx SUBJECT: TOWN COMMITTEES DATE: XXXX EFFECTIVE PERIOD: Until Superseded REVIEW SCHEDULE: Annual CANCELLATION: NONE ENCLOSURE: REFERENCE: Governance Policy Manual 1.6 Boards and Commissions Principles PURPOSE: To establish a uniform Policy and Procedure process for the Town of Estes Park committees and to provide reference for cross training and training new personnel. SCOPE: This Policy and Procedure applies to all Town citizen volunteer boards, commissions and task forces and the appropriate staff who support the functions of these entities. This Policy and Procedure does not apply to internal staff committees or committees not appointed by the Town Board RESPONSIBILITY: The Town Administrator and Town Staff shall be responsible for the implementation of this Policy and Procedure. SPECIFIC REQUIREMENTS: (For the purpose of this Policy and Procedure, the term “Committee” shall refer to any board, commission, task force, council, committee or any other volunteer group of citizens serving the Town of Estes Park.) 1. The Town Clerk’s Office will publicize committee vacancies each year (Section III, A). 2. The Town Board will make appointments to committees before the beginning of terms starting ____ of each year. See ‘Terms’ in Section II, B. 3. The Town Board will conduct a periodic review of committees as outlined in Governing Policy 1.7.2 4. The Town Board recognizes the contributions of the committee members and shall host a recognition activity each year (Section XII). POLICY AND PROCEDURE: 2 Rev3 9-21-12 NOTE: In instances where Federal or State regulations and laws differ from this policy/procedure, the Federal and State laws and regulations will be supported. I. DEFINITIONS: A. COMMITTEE TYPES: Committees serve many different roles within the Town. It is important that staff and committee members fully understand the role of each board and the authority and responsibility for the committee and its members (reference B). To help define these roles, each committee will be designated as to type, as defined below: 1. Advisory Committees: An advisory committee serves as an ongoing forum of citizens to advise and assist the Town Board and/or a requesting Town department, providing them with technical and non-technical advice on issues. Advisory Committee s are not authorized to make decisions on behalf of the Town. The Town Board will consider the input of Advisory Committee s, as well as other community members, in making decisions on issues. The Town Board may or may not take action that is in agreement with the advice of a Town Advisory Committee. Advisory Committee s may not speak for the Town or take independent positions on issues with the public or the press. Its purpose is to advise the Town Board or the requesting department only. a. Constituent Advice Advisory Committee: This type of advisory committee is used as a polling or referendum type committee used to develop a sampling of community reaction and opinion on an issue or program(s). The membership on this type of committee should be broad based and accurately reflect the total diversity of the larger public. b. Content - Advice giving Committee: This type of advisory committee is created to give substantive advice to the Town Board or appropriate department to aid with decision making processes.Varied interests and opinions are encouraged, and the advisory committee may be asked to develop specific proposals and products for Town Board or department consideration. Membership is selected to encourage a wide variety of input from respected individuals from the community with specialized expertise. This advisory committee may or may not be a demographic reflection of the community as a whole. c. Working Group: This type of advisory committee may reflect both the content or advisory type of committee , but is further charged with implementation of a project or program. 2. Quasi Judicial Committees: Some committee s and commissions are defined in state statute and have certain statutory responsibilities and authorities, as designated by statute. Often these committees have the authority to hold formal 3 Rev3 9-21-12 hearings, accept testimony, and issue decisions. These decisions may or may not be subject to review by the Board of Trustees. Members of these committees must be cognizant of protecting the unbiased quasi-judicial nature of the committee and its formal hearings. Activities of these committees are limited to those authorities granted in statute or specifically by the Board of Trustees. 3. Decision Making committees : Decision making committees are bodies that either statutorily or as granted by the Town Board have authority to make decisions such as, but not limited to, approving citizen requests and application, allocating resources, hiring or firing employees or adopt regulations. The specific authority of each decision making committee is defined in statute or in the by- laws as approved by the Board of Trustees. 4. Ad- Hoc Task Forces: Task forces are special ad-hoc panels created by the Town Board for a specific project or task. Task forces are limited in duration and are not ongoing entities. The responsibilities of the task force shall be designated by resolution by the Town Board at the time the Board authorizes the formation of the task force. The Town Board will consider the input of task forces, as well as other community members, in making decisions on issues. The Town Board may or may not take action that is in agreement with the advice of a Town task force. Task forces may not speak for the Town, and are to advise the Town Boardor the appropriate department only, and are not to take independent positions on issues with the public or the press. B. TOWN BOARD LIAISON: The Town Trustee assigned to the committee C. STAFF LIAISON: A staff position responsible for the coordination and communication with the assigned committee and the day to day support for the committee. D. RESPONSIBLE OFFICIAL: Every committee shall have a responsible town official assigned to the committee. The Responsible Official will be responsible for the committee budget and activities of the committee. The Staff Liaison will coordinate efforts with the responsible official. The responsible official may be an elected official or appointed department head. In the case where the committee advises a wide variety of town departments, one affected official shall serve as the responsible official for coordination and communication purposes, however the committee may or may not be officially connected to any one particular department. II. TERMS: The following limitations are applied to committeemembership. A. Unless otherwise mandated by State Statutes, no member of Town sponsored committees shall serve on any one committee for more than two consecutive terms or six consecutive years, whichever is longer. 1. Exceptions to this rule include those members serving as “ex officio” 4 Rev3 9-21-12 2. In the event that an individual fills the unexpired term of a committee member, that unexpired term shall not be counted as a complete term. B. Terms for all committee members will be staggered with the exception of ad-hoc or temporary committees, which may have a finite sunset. C. Mid-term appointments to positions that become vacant may be made at any time or may be postponed to the regular term period, at the discretion of the Board of Trustees. D. Staff assigned to supporting any committees and Town Board Liaisons are not subject to any term limitation. E. Unless otherwise specified by statute, any members of a committee, serve at the pleasure of the Town Board , have no property interest or entitlement in their membership or office and may be removed at any time for any reason by the Town Board. III. RECRUITMENT: A. The Town Clerk will publicize and advertise committee vacancies each year, and on an as needed basis throughout the year, utilizing paid advertising, press releases to electronic and print media, the Town web page, and other produced materials that might engage interested residents . Applications shall be available in the Town Clerk’s Office, on the town web page, at Town Hall and at the Estes Park Library. B. Departments and current committee members are encouraged to help recruit, especially when specific targeted populations or expertise is required. C. APPLICATIONS: All citizens interested in serving on a committee must complete an official town board, application. These applications will be available from the Town Clerks Office and on the town web page. Applications must be returned by the deadline to the Clerk’s Office. Online applications are accepted from the town web page. Citizens may apply for up to three committees at a time. When applying for more than one committee, applicants should prioritize their requests on the committee application form. D. ELIGIBILITY: Eligibility for any committee shall be defined in the by-laws of each committee. Except by special circumstance as approved by the Board of Trustees, all members of any town committee shall be legal residents of the Town of Estes Park. No individual who is currently serving a sentence after being convicted of a felony may serve on any Town board. Because of the time commitment involved, and to allow as many citizens the chance to participate in Town committees serving on more 5 Rev3 9-21-12 than one town committee at a time is discouraged. The Town Board reserves the right to appoint individuals to multiple committees when, in the opinion of the Board of Trustees, it is in the best interest of the Town. IV. SELECTION PROCESS: The Town Board will seek the most qualified diverse with special interest and expertise. In general, only the Town Board will select appointments to a town committee, .Existing committee members may assist with the recruitment of new members, but should not screen, interview or make recommendations for appointments, unless specifically requested to do so by the Board of Trustees. A. Selection to the committees will be carried out as follows: 1. The Town Board or their designee will review the applications. 2. The Trustees or their designee may screen applicants to select a pool for interviewing, at the sole discretion of the Board of Trustees. 3. The Trustees or their designee may conduct reference checks or background checks on applicants when, in the opinion of the Board of Trustees, it is in the best interest of the citizens of the Town of Estes Park. No such checks will be completed without the informed consent of the applicant. 4. Applicants for all committees will be interviewed by the Town Board or the Board liaison 5. The Trustees may request assistance from the Staff Liaison and other committeemembers. 6. Recommendations from the interview team will be made to the Board of Trustees, who will make the appointment(s). B. Incumbent committee members who are eligible for reappointment will be contacted by the Clerk’s office to assess their interest in being reappointed. Members who desire re-appointment will be considered along with all other applicants. Incumbents may be interviewed by the Board of Trustees or their designee, at the discretion of the Board of Trustees. C. By agreeing to serve on a town committee, the member agrees to abide by this policy of the Board of Trustees. Any committee member who violates the terms of this Policy and Procedure or the bylaws of the committee may be asked to resign or be removed from the committee by the Board of Trustees. V. NOTIFICATION: The Clerk’s Office will notify applicants of scheduled interviews. The Clerk’s Office will also notify applicants and incumbents requesting reappointment, of appointments and the status of their applications. VI. VACANCIES: 6 Rev3 9-21-12 A. The Clerk’s Office will keep all applications on file for one year. If vacancies occur during the year, the position may be filled from the current list of applicants using the selection process delineated or through advertising for interested volunteers. For difficult to recruit committees, applications may be kept on file for two years. B. Resignations from any committee should be addressed in writing to the Board of Trustees. VII. COMMITTEE ALTERNATES: >>would require code change, this needs board discussion<< A. No town committee will have members designated as alternates. All members, other than those designated as ex-officio or associate, shall have full membership and voting privileges on all town committees. B. Where Federal, State regulations or Municipal Ordinance require alternates Section VII, A is waived. C. Alternate/Non-voting members who wish to become regular members must complete an application for the appropriate committee. VIII. STAFF SUPPORT: Staff support is available to committees through the responsible official and staff liaison assigned to support each committee. A. It is the responsibility of the Board of Trustees, in coordination with the Responsible Official and the Staff Liaison to provide the necessary budget and other resources for any committee to perform their assigned duties. B. It is the responsibility of the Staff Liaison to insure the committee has adequate and reasonable staff support within budgeted resources. C. Staff support and staff liaisons will not be members of the committee to which they are assigned. D. It is the responsibility of the Staff Liaison to make requests for the Trustees' Liaison to attend assigned committee meetings through the Town Clerk. IX. TRUSTEES’ LIAISON: Individual Trustees are assigned as liaisons to each committee The role of the Trustee Liaison is: A. Communicate with the committeeand to serve as the primary two-way communication channel between the Town Board and the committee. B. Review applications, interview candidates and make recommendations to the Town Boardfor final approval. 7 Rev3 9-21-12 C. Serve as the primary Trustees’ contact for the committee. D. Attend assigned committee meetings when requested or whenever appropriate, in the opinion of the Trustee liaison. Trustee liaisons are not expected to attend every meeting of the committee. E. The liaison is not a member of the committee and when in attendance at a meeting is there as an observer for the Board of Trustees and a resource for the committee. Participation in committee discussions should be minimal and restricted to clarification of Town Board positions or collection of information to bring back to the full Town Board. X. ORIENTATION AND TRAINING: Staff liaisons should provide new committee members with pertinent materials that will assist new members in becoming fully functioning members of the committee , including a copy of the bylaws and a copy of this policy. Staff liaisons should clearly inform all new members of the role of the committee and the responsibilities and authority of the committee. Established committee members are encouraged to share their experience and knowledge with new members. New members are encouraged to attend meetings before their term begins. All new committee members shall receive and acknowlge the receipt of the Town of Estes Park Volunteer Manual. XI. BYLAWS: Each committee is to adopt bylaws that are consistent with these set policies. A copy of the bylaws must be sent to the Clerk’s Office prior to adoption for staff review. Bylaws are adopted upon approval by the Board of Trustees. This Policy and Procedure shall be incorporated, by reference, into the by-laws of all Town committees, The by- laws shall include a description of the goals, objectives, duties or tasks of the committee, as defined by the Town Board or the appropriate department. XII. RECOGNITION: The Town Board recognizes the contributions of the committee members and shall host a recognition activity annually to acknowledge all members and their contribution to the Town of Estes Park. A. The Town Board will send a letter of appreciation to all outgoing committee and members. XIII. OWNERSHIP OF INTELLECTUAL PROPERTY: A. Any documents, articles, reports or correspondence recommendations or other products produced by a Town committee shall be the sole property of the Town of Estes Park. B. No committee or member of a committee, may copyright or in any other way take ownership for any documents, articles, recommendations or other products produced as a function of the town committee. 8 Rev3 9-21-12 C. All documents and correspondence produced as part of the regular business of any committee shall be subject to the same open records policies applicable to all town documents and correspondence. D. All documents and publications of any town committee must be clearly identified as belonging to or originating from the Town of Estes Park. XIV. OPEN MEETINGS: All meetings and actions of any committee shall be in full compliance with State Statutes governing open meetings. It is the responsibility of the Staff Liaison to be familiar with these statutes and regulations. XV. DECISION MAKING: A. Any actions, recommendations or discussions of any committee shall be limited to the mission and defined tasks of the body as described in the approved by-laws. B. A common point of misunderstanding with committees, and citizens is the role of the committee in decision making and the type of decision making to be employed by the committee for a particular issue. The Town Board realizes that not one method of decision making fits all situations; however it is important that the type of decision be declared early in the process of public discourse. It is important that the committee, the staff liaison and the Town Board agree on the type of decision making process that will be employed. The type of decision process is dependent on the issue involved, the time frame available and the amount of public participation required. D. It is the responsibility of the staff liaison to assist the committee in its decision making process and to train new and existing members in the appropriate responsibilities and authorities of the committee and its members. Staff liaisons are not to exert undue influence during the decision making process, but only to keep the decision making of the committee in agreement with the charge issued and approved by the Board of Trustees. XVII. COMPENSATION AND REIMBURSEMENT: A. COMPENSATION: Citizens who serve on Town committees do so as volunteers. There will be no financial compensation or reimbursement of expenses, except as noted below, for any volunteers on any committee. B. MILEAGE: Committee members may request reimbursement for mileage to attend any committee function if the member must travel greater than ten miles from their residence. Mileage will be reimbursed at the rate currently adopted for Town travel by the Board of Trustees. The Responsible Official is responsible for approving mileage reimbursements for committees within the budget provided by the Board of Trustees. 9 Rev3 9-21-12 C. MEALS: Meals may be provided as part of regular meetings of the committee, as budgeted. D. EXPENSES: Members of committees may be reimbursed for out of pocket costs associated with the business of the committee provided the expenditures have been previously budgeted by the Town Boardand authorized by the Responsible Official. (For example, office supplies, copies, printing, etc.) Other expenses may be reimbursed if, in the judgment of the responsible official, such reimbursement is in the best interest of the Town. XVIII. INSURANCE COVERAGE: A. General liability (liability other than auto, including general, law enforcement and professional) is provided to all volunteers. B. Volunteers are not covered by the town’s self-insured workers’ compensation coverage. Any injuries incurred while volunteering is the responsibility of the individual volunteer. C. Specific to automobile insurance, both physical damage and legal liability for bodily injury or death is covered for all volunteers driving town vehicles. In addition, liability is covered for all volunteers driving their personal vehicle on Town business; however the following claims are excluded from coverage. 1. Bodily injury or death to passengers (including friends and family) who are not on official county business. 2. Physical damage to non-Town owned vehicles used on Town business D. Property insurance is not provided to any personal property of the volunteer. XIX. CONFLICT OF INTEREST: A. A conflict of interest occurs when a person’s private, personal relationships or interests diverge so that an independent observer may reasonably question whether the person’s actions or decisions are determined by personal benefit, gain, or advantage. B. Members of committees shall not use their membership for private gain, and shall act impartially and not give preferential treatment to any private organization or individual. C. A member of any committee who has a personal or private interest in a matter proposed or pending shall disclose such interest to the committee shall not vote on the 10 Rev3 9-21-12 item and shall not attempt to influence the decisions of other members voting on the matter. XX. GIFTS: A. Acceptance or giving of any personal gifts, which could lead to a conflict of interest, is prohibited. In particular, no member of any committee may accept or give a personal gift in excess of $50 from any individual, organization, contractor, or any other entity which does business with the Town or has any control of Town business related to the activities of their particular committee. XXI. MINUTES: A. Minutes shall be recorded of all meetings of any Town committee that are subject to the Colorado Open Meetings Act. Approved or draft minutes should be posted as soon as practicable after the meeting in question. Committees are strongly encouraged to post draft minutes prior to the final approval of the minutes at the next meeting of the committee. At a minimum, minutes shall be published on the town webpage within seven days of approval by the committee. B. Minutes should record any formal actions taken by the committee. Minutes are not intended to be verbatim transcripts of the meeting. The amount of detail included in the minutes beyond the recording of actions is left to the discretion of each committee. XXII. AGENDAS: A. Agendas for all public meetings shall be posted on the Town web page a minimum of 6 days prior to the meeting. XXIII. WAIVERS: A. Any section of this policy can be waived by a majority vote of the Town Board ___________________________________ William C. Pinkham Mayor 1 Draft 1 9-18-12 POLICIES AND PROCEDURES ADMINISTRATIVE POLICY AND PROCEDURE xxxx SUBJECT: BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES REVISION DATE: ___ REVIEW: Annually - May CANCELLATION: none CONTACT: Town Administrator ATTACHMENTS: None REFERENCE: A. Governing Policies Manual; Governance Policy Manual 1.6 Boards and Commissions Principles REVISION LOCATOR: PURPOSE: The Board of Trustees has many varied responsibilities. In order to effectively use their time, the Board finds it necessary to divide duties and responsibilities among the Board members. POLICY: I. ASSIGNMENTS: At their first meeting in May of each year, the Board of Trustees determine each Board and Commission Primary Liaison assignments and responsibilities for the year. II. Other special task force or committee assignments: Note: Other special task force or committee assignments will be made by the Board as needed. P01032012P001; page 2 Draft 1 9-18-12 2012 Board Assignments Board and Commission and Community Representation Board, Commission or Task Force Liaison Staff Liaison Responsible Official Creative Sign Design Review Board Alison Chilcott Alison Chilcott Estes Valley Planning Commission Trustee Elrod Alison Chilcott Alison Chilcott Estes Valley Board of Adjustments Alison Chilcott Alison Chilcott Western Heritage Inc Trustee Koenig n/a n/a Estes Park Museum Friends and Foundation Inc. Derek Fortini Bo Winslow Ambassadors Teri Salerno Bo Winslow Police Auxilary Wes Kufeld Wes Kufeld Tree Board Trustee Ericson Scott Zurn Shuttle Committee Brian Wells Bo Winslow Transportation Advisory Board Scott Zurn Scott Zurn Senior Center Inc Lori Mitchell Lori Mitchell Estes Valley Restorative Justice Amanda Nagl Wes Kufeld Local Marketing District (Visit Estes Park) Trustee Norris Estes Park Library District Estes Park Housing Authority Trustee Blackhurst Platte River Power Authority Larimer County Open Lands Board Mayor PInkham Sister Cities Trustee Koenig Draft 2 9-21-12 Adopted this day of ______________ _________________________________ William C. Pinkham, Mayor