HomeMy WebLinkAboutPACKET Town Board Study Session 2012-11-27* 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, November 27, 2012
4:30 p.m.
Rooms 202/203
170 MacGregor Ave.
AGENDA
4:30 p.m. FOSH Funding Distribution.
5:15 p.m. Break for Dinner.
5:30 p.m. Town Committees and Town Board Assignments
Policies.
Use of Mayor Contingency Fund.
Future Study Session Agenda Items.
6:30 p.m. Meeting Adjourn – Prepare for Board Meeting.
Administration Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Lowell Richardson, Assistant Town Administrator
Date: 11/27/2012
RE: FOSH Funds
Background:
Since May 14, 2002 the Town of Estes Park has served as the fiduciary for the Friends
of Stanley Hall (FOSH) Funds through a written agreement, the current balance of funds
is $457,250. These funds were entrusted to the Town of Estes Park from members of
FOSH to be used for the construction of a performing arts theatre. This original
agreement was amended May 6, 2006. Per the amended agreement the Town of Estes
Park after five years and based on the determination that construction of a building was
not feasible could disburse these funds to any Estes Valley non-profit organization
whose purpose involves the performing arts.
In May of 2012 the Town of Estes Park received notice, in writing, from Supporters of
the Performing Arts (SOPA) Chair/President relinquishing the use of the funds to
construct a performing arts theatre. This letter in essence activated the clause within the
agreement that states how the Town shall disburse the funds. (see attached
agreements)
Earlier this year staff met with Greg Steiner an original board member of FOSH and he
was asked what he thought the original intent was for the funds. He stated the funds
should be used for building a theatre and that the funds should go to a stable
performing arts organization. When asked if any other members of FOSH were
available to discuss this subject he replied “I think they have either moved away or
died”. With that statement staff only interviewed Mr. Steiner.
Presented before the Board tonight are two draft documents; an announcement letter
for the availability of FOSH funds and a grant application outline. The application outline
is a standardized template used by the Federal Government for developing grant
applications. Using this document only as a guide and with input from the Board staff
will develop a final document. Staff has received comments and edited comments which
are included in the application attachment for review.
Other Issues for discussion include but are not limited to:
1) The announcement date for applications.
2) Cultural arts and Performing arts language contained within the original agreement vs.
the language used in the amended agreement.
3) The composition of the selection committee Town Board vs. a selection committee; and
4) Follow up reporting to the Board by successful applicants if the board so chooses.
Budget:
N/A
Staff Recommendation:
N/A
January 2, 2012
Town now accepting funding applications from non‐profit cultural and
performing arts organizations
The Town of Estes Park is seeking applications for funding from cultural and performing art
nonprofit 501 (c) 3 organizations located in the Estes Valley. Through this application process,
the Town will distribute Friends of Stanley Hall (FOSH) funds to one or more established cultural
and performing arts organizations. The FOSH funds are unrestricted for operations and support
– not for specific project funding.
Applications and complete guidelines are available at Town Hall, Room 150, 170 MacGregor
Ave. and www.estes.org. Completed applications must be returned by March 1, 2013 to Room
150 of Town Hall or mailed to Town of Estes Park Administration, P.O. Box 1200, Estes Park, CO
80517. Notice of award will be made by _______________________. For additional
information, contact Assistant Town Administrator Lowell Richardson at 979‐577‐3707 or
lrichardson@estes.org.
FOSH funding applicants may request a specific amount or the entire amount of funds available.
The Town will determine the amount of funding that will be given to the chosen recipient(s).
Since May, 2002 the Town of Estes Park has served as the fiduciary manager of approximately
$450,000 collected by the former non‐profit organization Friends of Stanley Hall These funds
were collected for the purpose of constructing a performing arts center in Estes Park. Through
written agreements with the Town of Estes Park, FOSH, and then Supporters of the Performing
Arts (SOPA), attempted to raise additional funds to construct a performing arts center in Estes
Park. In May of 2012 SOPA terminated its agreement with the Town, releasing claim to the
funds for a performing arts facility.
Nonprofit cultural and performing arts organizations are the targeted recipients of the FOSH
funds, particularly those who demonstrate vision for the future of cultural and performing arts
in the Estes Valley. In addition, the selected funding recipient(s) shall demonstrate a focus on
collaborative efforts unifying the local arts community for the purpose of sustaining cultural
and performing arts in the Estes Valley. Applicants must have an established artistic and
administrative track record and demonstrate fiscal responsibility. The Town will not make
grants to individuals. The Town will not provide funds for audience development, direct
subsidies of reduced‐price admissions, media (film, TV, and radio) renovation projects, or
capital or endowment campaigns.
END
AGREEMENT
This Agreement between the Friends of Stanley Hall,Inc~,a Colorado [pProfit
Corp'oration (IIFOSH II )and the Town of Estes Park (the IIT owQ II)made this thday
of ~.,2002.
WITNESSETH
1.FOSH was organized in 199.1:.for the purpose of soliciting funding for the
purpose of supporting the cultural and performing arts within the Estes Park
Area.
2.As part of the above stated purpose,FOSH solicited and obtained funds for the
renovation of Stanley Hall.
3.Due to factors beyond the control of FOSH and the Town,Stan ley Hall is not
available for renovation by the Town and FOSH.
34
4.FOSH has at its disposal approximately $lf1-~LJ3,f-:-FOSH wishes to make these
funds available to the Town for use by the Town for the promotion and
development of cultural and performing arts within the Estes Valley.
5.The Town is willing to accept these funds pursuant to the terms and conditions
of this Agreement.
NOW THEREFORE,IN CONSIDERATION OF THE ABOVE RECITALS AND FOR
OTHER GOOD AND VALUABLE CONSIDERATION,THE PARTIES AGREE AS
FOllOWS:
1.Within 3..tL days of the date of this Agreement,FOSH shall transfer to the Town
the sum oft..4-;~43S~Said funds shall be transferred to the Town by FOSH
free and clear of any claims,liens,or encumbrances.The funds transferred shall
be subject to the terms and conditions of this Agreement.
2.The Town agrees to accept said funds from FOSH.Upon receipt of the funds,
the Town shall segregate these funds from all other funds of the Town.
,--
3.The Town shall use said funds as follows:
a.As partial funding for the design and construction of a facility for the
presentation of performing arts.Said facility may be a part of or
combined with other uses in a multi-purpose facility.Said facility may
be either an indoor or partially enclosed facility.The Town may be the
sole owner or lessee of the faci Iity and/or the Town may partner with
another entity for the design,construction,and operation of the facility.
b._The Town shall have four (4)years from the date of this Agreement to
.determine whether or notthe facility,as described in paragraph (a)above
is feasible.Said decision shall be in the sole discretion of the Town.If
the Town does determine within said four (4)year period that such a
facility is feasible,the Town shall have a total of seven (7)years from the
date of this Agreement to design and substantially complete construction
of said facility and use the FOSH funds for said facility.
c.In the eventthe Town determines,within the original four (4)year period,
that a facility is not feasible,the Town then shall have the following
options with regard to the funds.
1)Donate the funds to any nonprofit organization whose
primary focus is within the Estes Valley and whose nonprofit
purpose involves the performing arts.
2)If the Town determines,in its sole discretion,thatthere is no
appropriate organization within the Estes Valley which
provides support for the performing arts,the Town _may
donate the funds to such an organization located within the
Northern Colorado area.
4.All of the funds shall be disposed of by the Town pursuant to this Agreement
within seven (7)years of the date of this Agreement.
5.This Agreement contains the entire understanding of the parties.Any
amendments or modifications hereto shall be in writing and executed by both
parties.
6.In the event of any default by either party in the terms and conditions hereof,the
non-defaulting party shall give the defaulting party ten (10)daysl notice in
writing of said default.If said default is not cured within said 1O-day period,the
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•l -"J
non-defaulting party shall be entitled to begin legal proceedings,including an
action for specific performance and/or damages.Damages shall include all
reasonable attorneys fees and court costs incurred by the non-defaulting party.
7.All notices,demands or other documents required or desired to be given,made
or sent to either party,underthis Agreement shall be in writing,shall be deemed
effective upon mailing or personal delivery.If mailed,said notice shall be
mailed,postage prepaid as follows:
Town of Estes Park
Attn:Town Administrator
P.O.Box 1200
Estes Park,Colorado 80517
IN WITNESS WHEREOF,these parties hereby execute this Agreement.
TOWN OF ESTES PARK
ATIEST:
~Q/vl
TOWN CLERK I et?Y~.-vL
-3-
AMENDMENT TO AGREEMENT
This Amendment to the Agreement between the Friends of Stanley Hall,Inc.a
Colorado Non-profit Corporation ("FOSH")and the Town of Estes Park (the "Town")
made this 9~day of MA-'i ,2006.
WITNESSETH
1.POSH and the Town entered into an Agreement dated May 14,2002.
2.The parties wish to extend the date for the Town to make a determination as to the
feasibility of the construction of a performing arts facility and extend the date for the
completion of the construction of said facility for an additional one (1)year period.
NOW THEREFORE,IN CONSIDERATION OF THE ABOVE RECITALS AND
FOR OTHER GOOD ANP VALUABLE CONSIDERATION,THE PARTIES
AGREE AS FOLLOWS:
1.Paragraphs 3 and 4 of the Agreement dated May 14,2002 between POSH and the
Town shall by amended in theit entirety to read as follows:
'..•.,."','
3.The Town shall use said funds as follows:
a.As partial funding for the design and construction of a facility for the
presentation of performing arts.Said facility may be a part of or combined with
other uses in a multi-purpose facility.Said facility may be either an indoor or
'~partially enclosed facility.The Town may be the sole owner or lessee of the
.{a.~ilit:yaoAIor the.':f?wtl may partner with another entity for the design,
§'tt)ffsmcfi6~}.and·;bperafion of the facility.
b.The Town shall have 5 (five)J.years from the date of this Agreement to dei:et:inine
whether or not the facility,as described in paragraph (a)above is feasible.Said
decision shall be in the sole discretion of the Town.If the Town does determine.
within said 5 (five)year period that such a facility'"is'fea&ible,.,theTownshau;Jla~e
a total of 8 (eight)years from the date of this Agreement to design and ij
substantially complete construction of said facility and use the POSH funds for
said facility.
c.In the event the Town determines,within the original 5(five)year period,that a
facility is not feasible,the Town then shall have the following options with regard
to the funds.
1)Donate the funds to any non-profit organization whose primary focus is
within the Estes Valley and whose non-profit purpose involves the
performing arts.
l "2)If the Town determines,in its sole discretion,that there is no
appropriate organization within the Estes Valley which provides support
for the performing arts,the Town may donate the funds to such an
organization located within the Northern Colorado area.
4.All of the funds shall be disposed of by the Town pursuant to this Agreement
within 8 (eight)years of the date of this Agreement.
2.All of the terms and conditions of the Agreement dated May 14,2002 between the
parties shall remain in full force and effect.
IN WITNESS WHEREOF,there parties hereby execute this Agreement:
~mc
By:
TOWN OF ESTES PARK
Town Attorney Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Halburnt
From: Gregory A. White, Town Attorney
Date: April 22, 2011
RE: Friends of Stanley Hall Agreement – Town Board Options
I have been requested by the Town Board to provide a legal opinion with regard to the
Town Board’s options with regard to provisions of the Amendment to the Agreement
between the Friends of Stanley Hall, Inc. (FOSH) and the Town of Estes Park (the
“Town”) dated May 9, 2006, relating to the decision required to be made by the Town
Board on or before May 9, 2011.
BACKGROUND
In January of 1994, the Town of Estes Park entered into three development agreements
with the owners of property known as the Stanley Historic District. One of the
development agreements was between Stanley Hotels Limited (the “Stanley Hotel”) and
the Town. Section 6.01 of that Development Agreement provided that the Stanley Hotel
would lease Stanley Hall to the Town for ten years subject to certain conditions, one of
which was “the Town will use Stanley Hall as a performing arts center…” Shortly
thereafter, the ownership of the Stanley Hotel filed bankruptcy. In 1995, New Stanley
Associates acquired the Stanley Hotel property as part of the liquidation of the
bankruptcy estate. Also, in 1995, the Town, EPURA and New Stanley Associates
determined that it was necessary to make emergency repairs to Stanley Hall in order to
allow Stanley Hall to be used as a performing arts facility.
The Town received a grant from the Colorado Historical Society for the renovation of
Stanley Hall as a performing arts facility. As part of that process, an Advisory
Committee was formed to advise the three entities with regard to the renovation of
Stanley Hall. It became apparent to the entities and the Advisory Committee that more
funding was necessary for the renovation of Stanley Hall than was available through the
three entities including the Colorado Historical Society grant monies. A non-profit
corporation was formed for the purpose of raising funds for the renovation of Stanley
Hall known as Friends of Stanley Hall (FOSH).
Page 2
New Stanley Associates subsequently determined that it was no longer interested in
partnering with the Town, EPURA, and FOSH in the renovation of Stanley Hall and
unilaterally took over the renovation. In 2002, FOSH had at its disposal the sum of
approximately $475,000 that had been raised for the renovation of Stanley Hall for a
performing arts facility. The Town and FOSH entered into an Agreement dated May 14,
2002, which provided that FOSH transfer to the Town the sum of $475,434.34. The
Town agreed to accept those funds from FOSH and maintain those funds in a
segregated account.
Paragraph 3 of the Agreement provided that the Town use the funds “as partial funding
for the design and construction of a facility for the preservation of the performing arts”.
The Town had four years from the date of the Agreement to determine whether or not
the facility was feasible with the decision being within the sole discretion of the Town. If
the facility was feasible, the Town would then have a total of seven years from the date
of the Agreement to design and substantially complete construction of said facility and
use the FOSH funds for the facility.
In the event the Town determined, within the original four year period, that the facility
was not feasible, the Town then had two separate options as provided for in the
Agreement. A copy of the FOSH Agreement is attached as Exhibit A.
In 2006, FOSH and the Town entered into the Amendment to the Agreement (the
Amended FOSH Agreement). The Amended FOSH Agreement amended paragraphs 3
and 4 of the FOSH Agreement by extending the decision dates in the original
Agreement for an additional five years. The Amended FOSH Agreement is attached as
Exhibit B.
In June, 2006, a Goal Team of the Town Board reported back to the Town Board
regarding the feasibility of building and operating a Performing Arts Theater at Stanley
Park. Memo of June 10, 2006 attached hereto as Exhibit C. Subsequent to June of
2006, a non-profit corporation was formed specifically to raise funds for and operate a
performing arts facility at Stanley Park known as the “Supporters of Performing Arts,
Inc.” (SOPA). Following discussion between SOPA and the Town Board, the parties
entered into a Memorandum of Understanding dated January 28, 2008 outlining the
responsibilities and understandings between the parties regarding the location,
construction, operation of the proposed Performing Arts Facility to be located on a
portion of the Stanley Park Fairgrounds. As part of that Memorandum of
Understanding, in Paragraph C.3, the Town agreed to use the then current balance of
the funds in the Theater Fund (FOSH Monies) for construction of the Theater subject to
the terms and conditions of the Memorandum of Understanding. A copy of the
Memorandum of Understanding is attached hereto as Exhibit D.
On April 28, 2009, SOPA and the Town amended the Memorandum of Understanding.
Paragraph C.3 of the Amended Memorandum of Understanding remained the same. A
copy of this Amended Memorandum of Understanding is attached as Exhibit E.
Page 3
Some time after the execution of the Amended FOSH Agreement of May 9, 2006,
FOSH dissolved as a non-profit corporation in accordance with the applicable provisions
of the Colorado Statutes.
TOWN BOARD OPTIONS
According to the terms and conditions of the FOSH Agreement and Amended FOSH
Agreement, the Town Board has until May 9, 2011 to determine whether or not a facility
for the preservation of the performing arts is feasible and, if the Town Board determines
such feasibility, the Town shall have until May 9, 2014 to design and substantially
complete construction of said facility and use the FOSH funds for said facility. The
Amended FOSH Agreement also provides that “all the funds shall be disposed of by the
Town pursuant to this Agreement within eight (8) years of the date of this Agreement
(May 9, 2014).
In the event the Town determines on or before May 9, 2011 that a facility is not feasible,
the Town shall then have the following options:
Donate the funds to any non-profit organization whose primary focus is within the
Estes Valley and whose non-profit purpose involves the performing arts, or if the
Town determines in its sole discretion that there is no appropriate organization
within the Estes Valley which provides support for the performing arts, the Town
may donate the funds to such an organization located within the Northern
Colorado area.
Due to the fact that FOSH has been dissolved, there is no party with which the Town
can negotiate a further amendment to the FOSH Agreement and Amended FOSH
Agreement.
It is my opinion that the Town Board has the following options:
1. Make a determination that the Stanley Park Performing Arts Facility as designed
by SOPA is feasible; and based upon that determination, the Town shall have an
additional three years to participate with SOPA in the design and substantial
completion of said facility and use the FOSH funds for said facility. As part of this
determination, the Town Board may want to further modify or amend the current
Memorandum of Understanding with SOPA to reflect appropriate terms and
conditions with regard to this determination.
2. It is my opinion the Town Board has the option of extending the time periods in
the Amended FOSH Agreement to allow for additional time in which to make the
determination of feasibility.
Due to the fact that FOSH is no longer a legal entity and there is no legal successor in
interest to FOSH, it is my opinion that the Town does not incur any substantial legal
liability in extending the deadline in Section C of the Amended FOSH Agreement. The
Page 4
only possible affected parties would be those entities within the Estes Valley whose
purpose involves the performing arts or like organizations within the Northern Colorado
area. Since it is within the sole discretion of the Town Board as to which entity or
entities would be entitled to distribution of the Amended FOSH funds under Paragraph
3.c, it is my opinion that individual entities would not have legal recourse against the
Town for the extension of the deadline in the Amended FOSH Agreement. In rendering
this opinion, I have consulted with numerous attorneys in the Northern Colorado area
who have experience with regard to foundations and non-profit corporations. None of
these attorneys have been able to provide any legal reason why this option is not legally
available to the Town. Also, I have consulted with the Colorado Attorney General’s
Office who has informed me that the Colorado Attorney General’s Office does not have
jurisdiction over this matter pursuant to the applicable provisions of the Colorado
Statutes.
Section 7-134-105(2) C.R.S. provides that a 501(c)(3) non-profit corporation (FOSH)
may distribute, as part of its dissolution, its assets to a local government for a public
purpose. It is my opinion that FOSH met the terms and conditions of this provision of
the State Statute by distributing its assets to the Town pursuant to the terms and
conditions of the FOSH Agreements. There was no provision in the FOSH Agreements
for return of the FOSH funds to FOSH nor any successor entity. It is my opinion that
extension of the deadline in the Amended FOSH Agreement by the Town Board to allow
sufficient time to determine the feasibility of the Performing Arts Theater at Stanley Park
is consistent with the public purpose of the transfer of the FOSH funds to the Town.
The Town Board may make its decision with regard to the above options by motion.
1
Draft 4 11-20-12
POLICIES AND PROCEDURES
ADMINISTRATIVE POLICY AND PROCEDURE xxxx
SUBJECT: BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
REVISION DATE: ___
Microsoft Office Word 2007.lnk 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.
Draft 4 11-20-12 2012 Board Assignments Board and Commission and Community Representation Board, Commission or Task Force Liaison Staff Liaison Type of Committee Creative Sign Design Review Board Alison Chilcott Decision Making Estes Valley Planning Commission Trustee Elrod Alison Chilcott Advisory/ Decision Making Estes Valley Board of Adjustments Alison Chilcott Decision making Western Heritage Inc Trustee Koenig n/a Outside Estes Park Museum Friends and Foundation Inc. Derek Fortini Outside Ambassadors Teri Salerno Outside Police Auxilary Wes Kufeld Working Group Tree Board Trustee Ericson Advisory Shuttle Committee Brian Wells Advisory Transportation Advisory Board Scott Zurn Advisory Senior Center Inc Lori Mitchell Outside Estes Valley Restorative Justice Amanda Nagl Working Group Local Marketing District (Visit Estes Park) Trustee Norris Outside Estes Park Library District Outside Estes Park Housing Authority Trustee Blackhurst Outside Platte River Power Authority Mayor PInkham Outside Larimer County Open Lands Board Trustee Phipps Outside Sister Cities Trustee Koenig Working Group Economic Development Ad Hoc Task Force Trustee Norris Lowell Richardson Outside Audit Committee Steve McFarland Advisory
Draft 2 9-21-12
Adopted this day of ______________
_________________________________
William C. Pinkham, Mayor
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draft6 11-20-12
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, committees not appointed by the
Town Board or outside independent committees.
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:
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draft6 11-20-12
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 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. Example: Transportation Advisory
Committee
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. Example – Police Auxilary
2. Quasi Judicial Committees: Some committee s and commissions are defined in
state statute and have certain statutory responsibilities and authorities, as
Deleted: Advice
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draft6 11-20-12
designated by statute. Often these committees have the authority to hold formal
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.
Example – Planning Commission
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. Example – Board of Adjustments
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. Example – Bond Park Committee
5. Outside and independent committees – These are committees that may or may not
be appointed wholey or partially by the Town Board, but are independent
autonomous committees, often serving a governance role for another entity. This
include, but are not limited to the Estes Valley Library Board, the Local
Marketing District, the Estes Park Housing Authority and Western Heritage Inc.
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.
II. TERMS: The term for committee membership shall be defined in the bylaws of each
committee. Terms for outside committees are the responsibility of the specific committee
and not the Town of Estes Park.
A. Terms for all committee members will be staggered with the exception of ad-hoc or
temporary committees, which may have a finite sunset.
Deleted: <#>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.¶
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draft6 11-20-12
B. 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.
C. 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
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.
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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, or other designees representing the Town Board.
5. The Trustees may request assistance from the Staff Liaison and other committee
members.
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:
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.
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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 staff liaison
assigned to support each committee.
A. It is the responsibility of the Board of Trustees, in coordination with 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 may be assigned as liaisons to each
committee. The role of the Trustee Liaison is:
A. Communicate with the committee when Board of Trustees communication is needed and
to serve as the primary two-way communication channel between the Town Board and
the committee or community group.
B. Review applications, interview candidates and make recommendations to the Town
Boardfor final approval.
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.
Deleted: responsible official and
Deleted: Responsible Official and the
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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
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.
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.
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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.
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
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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
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
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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
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: November 23, 2012
RE: Future Town Board Study Session Items
December 11th
Policy Governance III- Staff Limitations
January 8, 2013
Policy on Town Real Property Assets
Financing Options for Town Projects
January 22, 2013
Policy Governance III- Staff Limitations
Stall Barn/MPEC Bid and Pro Forma
February 12, 2012
Policy Governance II – Board/Staff
Linkage – Part 1
February 26, 2013
Policy Governance II – Board/Staff
Linkage – Part 2
Other Items Not Currently Scheduled
for Town Board Study Sessions
• Economic Development – Town Role
• Logo Policy – Town Brand
• Town Administrator Job Description
• Additional Funding for Scotsfest
Town Clerk’s Office Memo