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HomeMy WebLinkAbout 14-17 Approving BOT Handbook & Orientation ManualRESOLUTION NO. 14-17 A RESOLUTION APPROVING A BOARD OF TRUSTEES HANDBOOK AND ORIENTATION MANUAL WHEREAS, staff has presented to the Board of Trustees a proposed Board of Trustees Handbook and Orientation Manual, which Handbook has been developed with assistance, input and comments from the Town's department heads and other interested persons; and WHEREAS, the Board of Trustees finds that the proposed Board of Trustees Handbook and Orientation Manual will serve to further inform elected officials of the expectations and responsibilities of elected office and provide general information regarding Town governance; and WHEREAS, the Board of Trustees further finds that authority to make updates and other changes to Board of Trustees Handbook and Orientation Manual should be delegated to the Town Manager; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town of Firestone Board of Trustees Handbook and Orientation Manual dated March 7, 2014, a copy of which is attached hereto, is hereby approved. Section 2. The Town Manager is hereby authorized to make updates and changes to the Board of Trustees Handbook and Orientation Manual approved by this Resolution as necessary or appropriate to maintain the document as current and reflective of the Town's ordinances, rules, resolutions, policies and practices as well as future input from the Board. The Town Manager shall provide to the Board any updates, changes or revised editions of the Manual. INTRODUCED, READ, and ADOPTED this 12th day of March, 2014. FM Medina Town Clerk TOWN OF U 6� Chad Auer Mayor 1 r11u�sTo�IE A COMMUNITY IN MOTION (DATE) Dear Trustee: Congratulations on your recent election to the Town of Firestone Board of Trustees! As the Town Manager, I would like to extend a personal welcome and let you know that staff and I are here to support you in your new role. We are excited to work with you during this next election term in achieving many great things for our community. For some, you may be wondering "what's next and how do I do this? " It is our sincere desire to assist you in your transition. Very soon, you will be invited to participate in a series of orientation sessions designed to help I amiliarize you with policies, processes, procedures and organizational structures. As you will quickly recognize, your relationship with the Town has changed significantly. No matter the reasons you decided to run for office, you are now vested with working as member of a team of elected officials to govern in the best interest of the entire community. In order to facilitate a healthy relationship dynamic, staff is committed to openness, fairness, predictability, and mutual respect. I encourage each of you pursue the same with staff and your fellow Board members. As you become acquainted with your new function within Firestone, you will find that previous Boards of Trustees and various Committees have endeavored to make Firestone a desirable community. These efforts are evidenced by the conception of a master plan which promotes land development that harmonizes with the community, supports a sustainable balanced budget and capital improvement plan, and maintains low debt and taxes while funding critical infrastructure that includes numerous parks and trails. These have all contributed to the concept of a community that offers opportunities to live, play, work, and thrive. Just as Firestone is a "community in motion," our staff is a team of "employees in motion." Our organization prides itself on a culture of excellence where strong performance is recognized and leadership qualities are encouraged at every level. In my role, it is my privilege to oversee the operations of the Town, ensure efficient and effective delivery of community services to our constituents, and facilitate the flow of information from staff to the Board of Trustees. Through an open-door approach, I welcome constructive input that focuses on preserving a community that continues to advocate for the high quality of life that residents have come to expect from Firestone. Looking forward to working with you! Wesley LaVanchy Town Manager cc: Town Staff (Updated on 3/07/2014)Page � 1 �II�.ET�E A COMMUNITY ►N MtiT►ON Town of Firestone, Colorado Board of Trustees Handbook &Orientation (Updated on 3/07/2014)Page � 2 Table of Contents What Cccn I Expect as a Board of Trustees Member: Roles and Responsibilities S Conflicts of Interest, Ethics and Code of Conduct Disclosure and Non -Action: Matters Involving Conflicts of Interest Provisions Concerning Ethical Conduct Monitoring Conduct Ethical Public Service Standards Information Management and Exposure Social Media Guidelines Liability. Qcrasi-Judicial Actions General Provisions Ex-Parte Contacts Council -Manager Government Role of the Board of Trustees Board Self -Management Role of the Town Manager W/1at Malies Healthy Dynamics in Boarcl and Staff Board-StaCommunications Guideli ff nes Skillful Communication Budget, Goals and Priorities Economic development Land Use Development Master Planning Strategic Planning: Collective vs. Individual 11 12 13 14 22 23 25 26 27 29 32 33 34 35 38 39 42 43 45 46 (Updated on 3/07/2014)Page � 3 Capital Improvements Program Water/Impact Studies Legislative Policy Statement Meetings and Work Sessions Meeting Presentation Arrangements Posting of Notices Board Action 47 48 49 52 53 54 55 Agenda Roles & Responsibilities 57 Agenda Processing Schedule 58 Town Clerk's Office 60 Town Attorneys Office 61 Town Manager's Office 62 Finance Department Department Heads_ (Updated on 3/07/2014)Page � 4 What Can I Expect as a Board of Trustees Member: Roles and Responsibilities The Town of Firestone Board of Trustees serves as a collective body that strives to uphold the principles and goals of the Town. As a Trustee, you are expected to question, debate and consider the social impact of items discussed in a public forum. Also, as a representative of the community, you will be required to listen to the public and take decisive action when necessary. It is important to note that your personal interests are no longer priority, but instead, the future of the community is your main objective. Therefore, it is imperative to understand that, although individual opinions are valued and healthy debate is encouraged, the Board of Trustees is a collective body that acts as a group and that achieves community goals through corroboration and consensus building. The collective body also must support decisions and actions made on behalf of the community. According to the Town's mission statement, "Firestone is a visionary community in motion comprised of businesses and local governments that are united in creating a sustainable, safe, prosperous and healthful environment in which to live, work, worship, learn, recreate and enjoy the rights and freedoms provided by the United States Constitution." Although members of the Board change, commitment to community remains central to the Town's ideology and the basis of its structure. Without communal support, the organization would not succeed. Keeping this in mind, the duty of the Board of Trustees is to preserve the Town's mission in accordance with maintaining discretion and propriety. Commitment to community is especially important when considering the impact decisions have on a community. For instance, the Board of Trustees is responsible for adopting laws, regulations, ordinances and resolutions that establish policy for the Town. Subsequently, staff is responsible for enforcing and implementing the adopted policy. It is critical to remember that people are passionate about their beliefs and will not always agree with decisions made by the Board. If a citizen asks about particular policies or practices of the Town, it is appropriate to refer him or her to a staff member that is best suited to address his or her questions. Staff s priority is to serve the public, in which there are times when certain procedures are implemented to help ensure that the public receives accurate information and that the policies set by the Board and tasks assigned by the Town Manager are administered in a timely and consistent manner. This in turn allows (Updated on 3/07/2014)Page � 5 you to maintain a rapport with the public while remaining detached from situations that do not relate to the Board's policy and decision making functions. (Updated on 3/07/2014)Page � 6 Conflicts of Interest, Ethics and Code of Conduct Conflicts of interest, ethics and code of conduct are evasive terms. They imply an underlying notion that suggests you understand when there is a conflict of interest, a question of ethics or what code of conduct entails. To simply say that ethics are innate to the structure of an individual would be a fallacy. In fact, many organizations have fallen victim to poor judgment and, in turn, suffered disrepute. With that being said, although actions can appear innocuous, it is important to remember that you are now of public interest. Moreover, you hold a position of leadership, responsibility and trust and the community will view you as a public official "24-7." Therefore, it is the Town's intent to prepare you for the public spotlight and ensure that you understand what is expected of you in terms of ethical behavior. To help negotiate these terms, we have defined them as follows: 1. Conflicts of Interest — In general, a conflict of interest exists when a Trustee is in a position to take actions that will affect or in his or her own personal interests, most often their financial interests. In these situations, ethics demand that the Trustee put the interest of the community first and not act as a public official in a manner that would advance his or her private interests. 2. Ethics — Ethics in the local government setting is best understood as a commitment to laws, policies, procedures and practices —and most importantly, to an attitude that places the community interest above personal interests. Ethics in local government is also comprised of commitments to transparency, accountability, openness and mutual respect in the conduct of public business. 3. Code of Conduct — Narrowly, the Code of Conduct is comprised of the legally binding ethical principles and the recommended ethical guidelines set out in the State ethics laws applicable to local officials. More broadly, the Code of Conduct also includes other rules, policies and commitments that the Town and Trustees have adopted to guide their actions. (Updated on 3/07/2014)Page � 7 Disclosure and Non -Action: Matters Involving Conflicts of Interest If the Mayor or a Trustee has a conflict of interest with regard to any matter before the Board, he or she should disclose the interest to the Board before it is heard. This disclosure should be made publicly at the Board meeting with enough detail for all to understand the nature of the conflict. The Board Member should not vote on or otherwise take any formal action concerning the matter, and should refrain from attempting to influence any other member in voting on the matter. The recused Board Member should also refrain from attempting to influence any staff members who have official responsibilities concerning the matter in which the staff member has a conflict. (Updated on 3/07/2014)Page � 8 Provisions Concerning Ethical Conduct 1. Neither the Mayor or any Trustee should use for personal or private gain, or any other personal or private purpose, any information which is not available to the public and which is obtained by reason of the person's position with the Town, or disclose any such information except as required by law. 2. Each Board Member should seek to fulfill the trust and confidence of the community in electing him or her to office and should look to the following as guidance. a. Adequately prepare for all meetings; b. Attend all regularly scheduled meetings unless otherwise excused by notice to the Town Clerk and subsequent approval by the Board; c. Recognize the importance of developing the community into a healthy and successful Town and, when possible, support, appreciate and show respect for the interests of each group such as the business community, property owners, adult residents, youth and the elderly; d. Emphasizing leadership, commitment and service to the citizens of the Town and advancing the quality of life of the community is each Trustees' goal. 3. Each Board Member will seek to maintain a high standard of personal conduct in his or her relations with other Board Members, including: a. Be honest in all communications; b. Address the issues and problems, not personalities; c. Listen to all viewpoints and facts with an open mind before deciding an issue; d. Encourage and appreciate diversity of opinion; e. Demonstrate courtesy and respect toward each other, staff, consultants, etc.; f. Maintain a right to openly disagree with and honestly seek a change of policy but do not publicly disparage the majority as a group; g. Do not seek to act individually over an adopted policy, or seek to render ineffective a majority decision until it is changed by the majority, or seek to obstruct implementation of a majority decision; h. Recognize that repetition of rumors and gossip, in any form, is destructive of trust and mutual respect, refrain from repeating that which a member does not personally know to be true, or, if true, to refrain from repetition where it serves no purpose but to demean, ridicule, or embarrass another Board Member; i. Refrain from negative behaviors that undermine the work of the Board and demean or attack any Board Member or staff behind his or her back. (Updated on 3/07/2014)Page 19 4. Each Board Member will seek to maintain a high standard of trust and integrity, including: a. Honor the confidentiality of information provided or discussions occurring in the course of an executive session of the Board or in material marked confidential; b. Comply with applicable provisions of State law and rules regarding conflicts of interest. 5. Each Board Member will comply with the principle that, except as modified by ordinance or decision of the Board of Trustees, a member has no special authority or privilege. Accordingly, a member will not: a. Speak on behalf of the Board or Town unless authorized by the Board or unless asked to express accurately a Board decision; b. Give direction to the Town Manager or any other Town employee, consultant or contractor; c. Publicly criticize the performance of any Town employee. (Updated on 3/07/2014)Page � 10 Monitoring Conduct Conduct and discretion are paramount to the structure of the Board of Trustees. In keeping with the old adage you learned from kindergarten, which suggests treating others like you would like to be treated, the basic principal of conduct is to respect yourself and others. Although it is a simple principle, it can sometimes be overlooked when strong emotions are involved. You will not always agree with everyone. To help you evaluate your conduct and maintain decorum, below is a list of questions to ask yourself when making decisions and conducting yourself as a Trustee: • Will my decision/statement/action violate the trust, rights or good will of others? • What are my internal motives and the spirit behind my actions? • If I have to justify my conduct in public tomorrow, will I do so with pride or shame? • How will my conduct be evaluated by people whose integrity and character I respect? • Even if my conduct is not illegal or unethical, is it done at someone else's expense? Will it destroy his or her trust in me? Will it harm his or her reputation? • Is my conduct fair? Just? Morally right? • If I were on the receiving end of my conduct, would I approve or disagree, or would I take offense? • Does my conduct give others reason to trust or distrust me? • Am I willing to take an ethical stand when it is called for? Am I willing to make my ethical beliefs public in a way that makes it clear what I stand for? • Can I take legitimate pride in the way I conduct myself and the example I set? • Do I listen and understand the views of others? • Do I question and confront different points of view in a constructive manner? • Do I work to resolve differences and come to mutual agreement? • Do I support others and show respect for their ideas? • Will my conduct cause public embarrassment to someone else? (Updated on 3/07/2014)Page � 11 Ethical Public Service Standards Although there are numerous publications regarding proper ethical standards, the Office of Government Ethics has identified key principles that all public servants should adopt. These principles were published in Customer Firstfor Government on May 8, 2003: • Place loyalty to the law and ethical principles above private gain; • Do not hold financial interests that conflict with the conscientious performance of your duties; • Do not engage in financial transactions using nonpublic government information, • Do not solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by your agency, • Act impartially, and do not give preferential treatment to any private organization or individual; • Protect and conserve government property. Do not use it for unauthorized activities; • Disclose waste, fraud, abuse and corruption to appropriate authorities; • Adhere to all laws and regulations that provide equal opportunity for all citizens regardless of race, color, religion, sex, national origin, age or handicap. (Updated on 3/07/2014)Page � 12 Information Management and Exposure As a member of the Town Board, you will be privy to information that will range from "confidential" to "sensitive" to "public." In most cases, the information you receive is public information; however, there are times when the information you receive is confidential and labeled accordingly. For example, information labeled "attorney/client privileged" should be treated as confidential and handled judiciously. In the same regard, sensitive information, although not necessarily considered confidential, should also be handled with care as it can include draft documents or study items that are not ready for public inspection. Since most information is public, it is important to note the Town's procedure when releasing records. Prior to releasing information, the Town requires a public records request form to be completed and returned to the Town Clerk's office. From there, the Town Clerk researches the request and determines if the information is available and if it can be released. This process ensures that the Town is in compliance with the Colorado Open Records Act (CORA) while also protecting the Town from exposure. On that note, keep in mind that public interest in your private life will increase as you become more prominent in the community. This in turn will affect the way you handle your day-to-day business as everything you do is a reflection on the Town. The most important thing to remember is that written correspondence concerning Town business is considered public record and may result in exposure to the Town. This includes email correspondence, whether it is from your personal or Town account, and social media postings. Moreover, although certain limited categories of information are subject to non -disclosure under CORA, most public records are subject to disclosure and the best rule of thumb is to not write anything down that you would not want the public to read. In short, information is a commodity that the Town tries to regulate in order to avoid exposure. As a Board Member, you and staff are covered from exposure or liability with the corporate veil of the Town during the normal course of business; however, actions outside of this boundary may result in personal exposure and liability. If you are ever unsure about the information you receive or provide, please seek assistance from the Town Manager's office. (Updated on 3/07/2014)Page � 13 Social Media Guidelines Whenever you use social media, it is always important to exercise good judgment. As a Board Member, it is expected that you be respectful of the Town, its employees, customers, partners and affiliates, and others. In order to mitigate the Town's risk of potential litigation related to social media and technology, the Board adopted a formal policy which is outlined in this section. Purpose The Board of Trustees has established the following Technology Resources, Email and Social Media Policy (Policy) to define the appropriate use of technology resources that are owned by the Town of Firestone (the "Town") and provided to the Town officials, and to establish guidelines for the Town officials' use of email and social media and for their participation in meetings by telephone. In establishing this Policy, the Board of Trustees desires to foster the use of Town resources for the benefit of the public interest and their use of email and social media in accordance with applicable laws, including but not limited to, the Colorado Open Meetings Law, C.R.S. § 24-6-401, et seq., and the Colorado Open Records Act, C.R.S. § 24-72-201, et seq. This policy also seeks to recognize that email and social media are valuable tools for information the public generally of Town matters, for responding to constituent inquiries and request, and for timely receipt of information from Town staff. The Board of Trustees specifically acknowledges that social media is quickly becoming a critical mode of communication. As the Board of Trustees seeks to actively inform, serve and engage citizens, social media provides an opportunity to reach a large audience directly and allows for greater personal interaction between officials and residents. When properly used, social media can be an effective tool for the Board of Trustees to: (1) openly, directly and publicly communicate with citizens; (2) develop and improve relationships with residents and community partners; (3) seek input from residents on key issues and services; (4) promote educational information directly to residents; and (5) recruit employees and volunteers. Scope This Policy applies to the use of Town -owned technology resources and the use of email and social media, including Town social media sites, by the Mayor and Trustees. (Updated on 3/07/2014)Page � 14 Definitions For the purpose of this Policy, the following terms shall have the following meanings: ® Email: Communications sent via electronic mail. The Open Meetings Law, C.R.S. §24-6-402(2)(d)(III), provides that if "elected officials use electronic mail to discuss pending legislation or other public business among themselves," the email shall be subject to the requirements of the Open Meetings Law concerning public meetings. The Open Records Act, C.R.S. §24-72-202(1)(c) defines "correspondence" to include communications sent via email, and defines the "public records" that are open to inspection to include the correspondence of elected officials unless it is "work product," meets certain other exceptions, or is otherwise subject to nondisclosure by law. ® Social media: Any on-line, Internet platform that allows both the exchange of information and cross -communication between people. Current social media platforms include Facebook, Twitter, blogs, wikis, message boards, chat rooms, LinkedIn, podcasts, YouTube and other video exchange sites, and Flickr and other photo sharing sites. This Policy is meant to include current social media platforms and those created in the future. • Town officials: Elected officials of the Town, including the Mayor and Trustees. ® Town -owned technology resources: Technology paid for by Town funds, including but not limited to, computers, laptops, notebooks, software, computer equipment, Internet/Intranet/Extranet-related systems, operating systems, storage media, and network accounts providing electronic mail. ® Town social media sites: Social media platforms created, sponsored, or managed by the Town for the purpose of providing information to Town residents and the wider community. Currently, the only Town social media sites are a Town Facebook page and Town Twitter account, but this Policy is meant to include social media platforms created, sponsored, or maintained by the Town in the future. (Updated on 3/07/2014)Page � 15 Policies 1. Town -owned technology resources are the property of the Town and shall be promptly returned to the Town when the official leaves office. 2. Town -owned technology resources are to be used for Town -related business only and shall not be used for personal benefit or gain of the Town official. Prohibited uses of Town -owned technology resources, include but are not limited to, the following uses. a. Conducting private business of the Town official or a relative or acquaintance of the Town official; b. Political campaigning; c. Transmitting any material or messages in violation of federal, state, local law, ordinance, regulation, or Town policy; d. Advertising or promoting a business, political candidate, or political or religious cause; e. Transmitting material or messages which are offensive on the basis or race, color, religion, national origin, citizenship, ancestry, marital status, sex, disability, age, veteran's status, or sexual orientation; f. Unauthorized distribution of privileged or confidential information; g. Distributing unauthorized broadcast messages or solicitations; h. Accessing or distributing offensive, obscene, or pornographic materials, i. Distributing copyrighted materials not owned by or licensed to the Town, including software, photographs, or any other media; j. Downloading of copyrighted information or software without permission; lc. Developing or distributing programs that are designed to infiltrate computer systems internally or externally, or intentionally opening or distributing any e-mail attachment which contains "viruses" or similar items; 1. Accessing or downloading any resource for which there is a fee without prior appropriate approval; m. Misrepresenting one's identity; n. Accessing or attempting to access any system which the person is not authorized to access (hacking); o. Giving a Town user name and password to anyone for any unauthorized purpose or accessing the email or social media account of another user without permission or for any unauthorized purpose; or p. Making threats of violence. (Updated on 3/07/2014)Page � 16 3. The Town reserves the right to monitor the use of Town -owned technology resources. Town officials must recognize that, subject to only limited exceptions, their activities as officials on Town -owned technology resources may be subject to disclosure and there is no expectation of privacy when using Town -owned technology resources. 4. Postings by Town officials on Town social media sites should be coordinated through the offices of the Town Manager or Communications and Community Outreach. Postings by Town officials on such sites should focus on issues of significant Town interest. 5. Town officials shall not use Town social media sites to post commercial solicitations or advertisements unless they relate to Town business. Town officials shall not use Town social media sites any for uses prohibited under policy 2, above. 6. The Open Meetings Law applies to gatherings of three of more officials to discuss public business, including those occurring electronically or through other means of communications, and requires that such meetings be open to the public after full and timely notice. Therefore, emails and exchanges on social media sites may trigger the requirements of the Open Meetings Law. As such, no Town official shall utilize with any two or more Town officials any social media site or email to discuss any public business of the Town, except in full compliance with all requirements of the Open Meetings Law. To minimize the risk of communications that may constitute a meeting, Town officials are discouraged from engaging in "posting" discussions of Town business and from "friending" other Town officials on their social media sites. 7. Town officials' email correspondence and social media posts concerning public business are "public records" subject to the Open Records Act, regardless of whether a Town -provided email address or Town social media site is used for such correspondence or posting. Exceptions may include if the email or post constitutes "work product" or is subject to some other exception recognized by law. As such, Town officials must recognize there is no expectation of privacy when using email or social media for Town business. All electronic communications sent to or received on Town -owned technology resources or Town social media sites, regardless of subject matter, are Town property and may be subject to disclosure under the Open Records Act. The Town reserves the right at any time to monitor, access, view, use, copy and disclose all such email messages or postings to Town social media sites. (Updated on 3/07/2014)Page � 17 8. The Town has established Town email accounts for Town officials' use, and use thereof for Town business is strongly encouraged in order to facilitate records retention and compliance with other requirements. If Town officials use other e-mail accounts to transmit messages which are subject to public inspection under the Open Records Act, the officials shall endeavor to copy or forward the message to the appropriate Town staff in order to facilitate records retention and compliance with other requirements. 9. If a Town official posts content concerning public business of the Town on a social media site other than a Town social media site (such as the Town Facebook or Twitter account), he or she shall maintain a copy of the posting or provide a copy or link thereto to the Town Manager or Communications and Community Outreach Coordinator. lO.Engaging in email communications or commenting via social media sites on quasi judicial matters is inconsistent with due process requirements applicable to quasi judicial proceedings. As such, Town officials shall not comment on such matters on any social media site. Emails received by Town officials on land use matters should promptly be forwarded to the Planning Department. Emails regarding any other quasi-judicial matter should be sent to the Town Manager. Responses by Town officials to emails on quasi judicial matters should generally be limited to acknowledging receipt and advising the sender that the Board of Trustees will be discussing the matter at a public hearing and not outside that hearing, and encouraging the sender to appear at the hearing. The types of quasi judicial proceedings that are subject to the above include, by way of example, any zoning, subdivision or development application involving specific properties and any liquor licensing matter involving a specific premises. 1 LWhen posting on non -Town social media sites, Town officials should include the following disclaimer or a similar disclaimer if they identify themselves as a Town official -or if it can reasonably be assumed that their post will be regarded as a statement of a Town official —or if they use social media to discuss Town matters, employees or other officials: The opinions expressed here are the personal opinions of [your name]. Content published here is not monitored or approved by the Town of Firestone before it is posted (Updated on 3/07/2014)Page � 18 and does not constitute or represent the views and opinions of the Town. 12.Town officials using social media can be held personally liable for their posts, and their posts can under certain circumstances impute liability to the Town. For this reason, officials should exercise caution with regards to exaggeration, obscenity, guesswork, copyrighted materials, legal conclusions, and derogatory remarks or characterizations. Town officials are advised that their use of email and conduct on social media is reflective of the Town and may also be taken by others as reflective of their fitness to perform their official duties. As such, Town officials should exercise good judgment, professionalism and courteousness when using social media and email. 13.Town officials may not disclose any privileged or confidential information about the Town via email or on any social media site. However, the inadvertent public disclosure of any privileged or confidential communications via email or social media site shall not be construed as waiving any privileges or confidentiality. 14.Town officials that maintain their own social media sites are encouraged to provide a link directing users to the Town's website for online services. 15.Town officials should not use email or social media during a meeting of the Board of Trustees, and shall not use email or social media during a meeting as a substitute for discussion or to comment on any quasi judicial matter. Telephone Participation Town officials may participate in a meeting of the Board of Trustees by telephone only in accordance with the following: 1. Telephonic participation shall be made available to a Town official when the official's absence is due to: emergencies related to illness, accident or familial obligations; weather conditions making travel to the meeting hazardous; or when participation is necessary to establish a quorum at a meeting where emergency action must be taken. Telephonic participation shall not be used where the Town official's absence is due to vacation or pre -planned travel or attendance at other meetings or functions unless such member's attendance at such meeting or function was requested by the Board. (Updated on 3/07/2014)Page � 19 2. A Town official may neither participate nor vote telephonically in a quasi- judicial proceeding, as such participation effectively precludes a Town official from viewing documentary information presented during those proceedings, from viewing speakers, from viewing and evaluating nonverbal language, and from observing nonverbal explanations (e.g., pointing at maps and charts). However, the Town official may maintain the telephone connection and monitor or listen to the proceeding. 3. Telephonic participation shall not be available to a Town official during an executive session as such participation precludes assured compliance with the executive session requirements and procedures of the Open Meetings Law. 4. Telephonic participation is intended to be an infrequent or occasional substitution for physical attendance. The Board of Trustees may, by majority vote of a quorum present and voting, declare an official's repeated use of telephonic participation excessive and deny a Town official's privilege to use telephonic participation for a specific meeting or meetings. Such declaration by the Board of Trustees shall only be made when the official seeking to participate telephonically is afforded advance notice and the opportunity to participate in the Board of Trustees' discussion regarding excessive use and the continuation of telephonic participation by the Town official. Provided that the Town official is provided notice of the date and time of the planned Board discussion, the member's inability to be available to participate in the discussion shall not preclude the Board's authority to discuss and decide whether such member's use of telephonic participation is excessive. 5. Telephonic participation must permit clear, uninterrupted, two-way communication for the participating Town official(s). More than one Town official may participate telephonically during the same meeting where the telephone conferencing system permits clear, uninterrupted, and two-way communication for all participating Town officials. 6. The Board of Trustees may discontinue the use of telephonic participation by one or more members during a meeting where the participation results in delays or interference in the meeting process; e.g., where the telephone connection is repeatedly lost, the quality of the telephone connection is unduly noisy, or a participating member is unable to hear speakers using a normal speaking voice amplified to a level suitable for the meeting audience in attendance. Such determinations shall be made by the Mayor or, in his or her absence, by the Mayor Pro Tem. (Updated on 3/07/2014)Page � 20 7. To arrange to participate telephonically, the Town official shall contact the Town Clerk in advance of the meeting regarding the reason for the absence and to receive special calling instructions needed to facilitate the telephone contact. Town officials shall endeavor to advise the Town Clerk of their intent to participate telephonically at the earliest possible time, and whenever possible not less than two (2) hours prior to the requested participation. 8. Telephonic participation shall constitute actual attendance for purposes of establishing a quorum or for any other purpose. Discipline In the event a Town official is alleged to have violated this Policy, a majority of the Board of Trustees may vote to take up consideration of the matter. The Town official alleged to have violated this Policy shall be afforded advance notice of the time and date of the planned Board discussion and the opportunity to participate in the discussion, but provided such notice is given, the failure of the Town official to appear or participate shall not prevent the Board of Trustees from discussion and taking action on the matter. If a majority of the Board of Trustees determines a violation occurred, it may vote to censure the Town official, restrict his or her access to Town -owned technology resources, or take other action within its power that the Board determines appropriate. (Updated on 3/07/2014)Page (21 Liability Liability is a scary term. It assumes responsibility and often determines consequences for actions. It is an overall negatively perceived concept, in which the idea of being held liable for something is and should be considered prior to making decisions. With that being said, liability issues are a constant threat to the municipality. Knowing this fact, the Town purchases general liability insurance and has some protections against liability under the Colorado Governmental Immunity Act and concepts of Common Law Immunity that have been developed in judicial decisions. As a Board Member, you are considered an agent of the Town and are generally afforded these protections. However, you may not be covered from liability and you could be held personally responsible if the act or omission resulting in a claim did not occur during the performance of your municipal duties or if the act is "willful" or "wanton." Willful or wanton conduct can be described as conduct "purposefully committed which the actor must have realized as dangerous, done heedlessly and recklessly, without regard to the consequences, or of the rights and safety of others, particularly the plaintiffl' [Colorado Revised Statutes (C.R.S.) § 13-21402 (b)]. In short, the insurance and protections against liability you have as a Board Member generally apply only when you are acting within your duties as a Trustee and not in a willful or wanton manner. (Updated on 3/07/2014)Page � 22 Quasi -Judicial Actions Two of the most common actions of the local government include legislative and quasi judicial. As a Board Member, it is essential that you have some understanding of the difference between the two actions in order to provide a fair hearing. In general, quasi judicial actions require due process notice and hearing which is not typical to legislative actions. To help explain the difference between legislative and quasi judicial actions, the Colorado Supreme Court describes them as follows: Legislative action is usually reflective of some public policy relating to matters of a permanent or general character, is not normally restricted to identifiable persons or groups, and is usually prospective in nature. [...] Quasi-judicial action, on the other hand, generally involves a determination of the rights, duties or obligations of specific individuals on the basis of the application of presently existing legal standards or policy considerations to past or present facts developed at a hearing conducted for the purpose of resolving the particular interests in question. [...] If a statute or ordinance authorizes the exercise of quasi- judicial authority but does not provide for notice and hearing, these basic requirements may properly be implied as a matter of fundamental fairness to those of persons whose protected interests are likely to be affected by the particular government decision. [I]t is the nature of the decision rendered by the governmental body, and not the existence of a legislative scheme mandating notice and hearing, that is the predominant consideration in determining whether the governmental body has exercised a quasi judicial function in rendering its decision [Cherry Hills Dev. Co. V. Cherry Hills Village (1988)]. (Updated on 3/07/2014)Page � 23 With these concepts in mind, certain types of Board actions can be readily identified as either "legislative" or "quasi judicial," with the second group subject to notice, public hearing and other due process requirements intended to ensure a fair hearing. Some examples include: Quasi -Judicial Actions (Acting Like a Judge) Zoning/rezoning/ODP PUD application Subdivision request Liquor licensing Variance request Conditional or special review use Legislative Actions (Acting Like a Legislator" Health/safety ordinance Master plan approval Approving new district Annexation Vacating a road Amending development regulations It is important to note that the difference between the two actions is far more complicated than what this introduction is permitted to provide, and it is your duty to ask questions or seek assistance from the Town Manager's office when you are unsure. (Updated on 3/07/2014)Page � 24 General Provisions In order to mitigate potential lawsuits, the Town adheres to due process of law and often seeks legal counsel for advice on quasi judicial actions. However, the Town also relies on a few general provisions intended to ensure due process is afforded to all parties in a quasi judicial proceeding, which are as follows. • Notice and hearing are required; • Right to present witnesses and evidence; • Right to cross-examination — i.e. rebuttal serves the same purpose; • Right to legal argument; • No ex -paste (outside -the hearing) contacts allowed; • Rules of evidence. informal. (Updated on 3/07/2014)Page � 25 Ex4arte Contacts Ex -paste contact can be defined as contact between an applicant or opponent and the members of the public body outside of publicly scheduled hearings and meetings regarding an application request. There are consequences to engaging in ex-parte contacts that can be as severe as invalidating the final action. In the instance that you are approached or contacted via phone or email by an applicant or opponent and the matter is identified by him or her, immediately indicate that it is improper for you to talk about the case outside of the hearing room and urge the applicant or opponent to present his or her points of view and testimony at the hearing. Ex-parte contact extends to written material, as well, including but not limited to electronic formats. Just like the phone call noted above, do not engage in electronic communications with any parties to a quasi judicial proceeding and make sure any materials you receive from applicants, opponents or interested parties outside of the hearing room are copied and shared with everyone at the time of the hearing. This is best accomplished by promptly forwarding the materials received to the Town Manager. This is important because you want to maintain transparency and trust. If, however, an ex-parte contact has occurred, it is appropriate to disclose the contact at the beginning of the hearing and reveal everything that transpired during the contact. In an extreme case scenario, you may be required to step down from your seat as a Trustee and not participate in the hearing. In terms of site visits, it is okay to visit a site as long as you avoid contact with the applicant, opponent or other interested parties. Keep in mind that even "informational" contact at a site is still considered an ex-parte contact and that by visiting the site you may also learn information that is otherwise in the hearing record, in which case you must disclose that information particularly if it is important to your decision. In the same regard, although limited contact with staff is permitted, it is not.appropriate to have staff communicate with the applicant or opponent on your behalf, nor is it appropriate to discuss with staff outside the hearing the substance of an application. (Updated on 3/07/2014)Page � 26 Council -Manager Government The organizational structure of the Town of Firestone is modeled after the council- manager form of government. It is within the council-manager framework that the elected officials serve as the Town's leaders and policy makers while the Manager is hired to carry out policy and ensure that all residents are being equitably served. Accordingly, the Board of Trustees and Town Manager work together i An an effort to preserve a sustainable and prosperous community. The fundamental roles and relationship of the Board of Trustees and Town Manager can be broken down into four categories, including: 1. Vision: The cycle begins and ends with having a vision for the community that allows elected officials to work with the Town Manager to achieve common goals and objectives for the Town. Z. Management of Public Funds: To achieve the Town's vision, the Town Manager works with staff to ensure the cost-effectiveness of programs, balanced budgets and the security of the financial health of the community. In turn, the Board reviews and determines the adequacy of the Town's management of public funds. 3. Administration of Personnel: The infrastructure of the organization is predicated on the Town Manager providing direction and leadership to Department Heads and those who provide direct services to the community. This allows the Town to anticipate the future needs of the community, organize work operations and establish timetables to meet the community needs. 4. Commitment to Community: The essential purpose of the Board of Trustees and Town Manager relationship is to cultivate commitment to the community by: maintaining the public's trust and confidence in local government, achieving equity and social balance, affirming respect for community and improving the quality of life for all residents. To help conceptualize the latter notions, Figure 1.0 provides an illustrative depiction of the fundamental roles and relationship of the Board of Trustees and Town Manager. (Updated on 3/07/2014)Page � 27 Figure 1.0 — Fundamental roles and relationship of the Board of Trustees and Town Manager (Updated on 3/07/2014)Page � 28 Role of the Board of Trustees The Firestone Board of Trustees serve in non -partisan elected positions, and the Board is comprised of a non -voting Mayor and six voting Trustees. The primary responsibility of the Board is to establish policies that serve the best interests of the community and provide the guidance necessary to carry out the policies. In addition, the Board is responsible for appointing the Town Manager, Town officers (e.g., Town Clerk, Treasurer, Attorney, Municipal Judge and other offices) and members of the Advisory Boards, Commissions and Committees. For reference purposes, below is a list of the various Boards, Commissions and Committees that either the Board of Trustees serves as or that offer recommendations and advice to the Board of Trustees. MAYOR and BOARD OF TRUSTEES • The Town's legislative and policy -making body in conjunction with approving the annual budget, passing ordinances and performing other policy -making functions. The Board of Trustees is also a quasi judicial Board that decides applications that are subject to due process requirements, including holding public hearing and acting on subdivision, development and other land use proposals. • Consists of the Mayor and six (6) Trustees. • The Mayor is elected for two-year terms. The Mayor votes only in the case of a tie. • Trustees are elected for four-year staggered terms. • Regular Board meetings are held twice a month with Work Sessions held once a month. All meetings take place at Town Hall. FIRESTONE URBAN RENEWAL AUTHORITY (FURA) BOARD • FURA is a legally separate corporate entity established by the Town to develop and implement a plan to renew and revitalize portions of northern and southern Firestone. • The Board of Trustees serves as the Board of Commissioners of the Firestone Urban Renewal Authority. • Mayor and Trustee terms apply. • FURA meetings are held as needed and take place at Town Hall. (Updated on 3/07/2014)Page � 29 LOCAL LICENSING AUTHORITY • A quasi judicial Board that is responsible for the issuance and control of liquor licenses. • The Board of Trustees serves as the Local Licensing Authority. • Mayor and Trustee terms apply. • Local Licensing Authority agenda items are included on the Board of Trustees agenda, as needed. CULTURAL COMMITTEE • Serves as an advisory group to the Board of Trustees on cultural arts matters and recommends methods for maintaining and increasing aesthetic value within the Town. • Consists of thirteen (13) members including: two (2) Trustees, the Town Manager, the Communications and Community Outreach Coordinator, and up to nine (9) residents of the Town. • Trustees and residents are appointed at a public meeting and serve a two-year term. • The Town Manager and Communications and Community Outreach Coordinator serve ex officio. • Meets once a month at Town Hall, as needed. FINANCE COMMITTEE • Serves as an advisory committee of the Board of Trustees concerning Town finances, budget and financial reporting. • Consists of six (6) members including: Director of Finance, Town Manager, two (2) Trustees and two (2) residents. • Trustees and residents are appointed at a public meeting and serve a two-year term. • The Town Manager and Director of Finance serve ex officio. • Meets once a month at Town Hall. ECONOMIC AND BUSINESS DEVELOPMENT COMMITTEE • Serves as an advisory committee of the Board of Trustees. • Consists of four (4) members including: the Mayor, a Trustee, the Town Manager and the Town planner • The Trustee is appointed at a public meeting and serves a two-year term. • The Mayor, Town Manager and Town planner serve ex officio. • Meets at least once a quarter. (Updated on 3/07/2014)Page (30 PARKS, TRAILS & RECREATION ADVISORY BOARD • A quasi judicial Board that provides recommendations to the Board of Trustees regarding all Firestone parks and trails facilities. • Consists of nine (9) members, including two (2) Trustees and seven (7) residents appointed by the Board of Trustees. • idents serve four-year staggered terms. Trustees serve a two-year term and res • Trustees and residents are appointed at a public meeting. • Meets once a month at Town Hall. • A quasi judicial Board that evaluates land use proposals in relation to the Town's master plan for the development of the Town and applicable development regulations. The Planning Commission holds public hearings on land use proposals and makes recommendations to the Town Board of Trustees. The Commission also has primary responsibility for the Town master plan and provides recommendations to the Board on land development rules and policies. • Consists of seven (7) members. • Each member is appointed at a public meeting and serves a six -year term. Terms are staggered so that two terms expire every two years. • Meets once a month at Town Hall. BOARD OF ADJUSTMENT • A quasi judicial Board that hears and decides requests for variances and appeals from certain determinations made by a Town zoning official and based on or made in the enforcement of Title 17. • The Planning and Zoning Commission serves as the Board of Adjustment. • The Planning and Zoning Commission terms apply. • Board of Adjustment meetings are held as needed and located at Town Hall. (Updated on 3/07/2014)Page � 31 Board Self4vianagement Although a component of the Town Manager's job is to create opportunities for the Board to operate in an environment of mutual understanding, it is the essential duty of the Mayor and Trustees to work together in an effort to collaborate on ideas and compromise when necessary. This handbook can help establish the environment for effective governance; however there are limitations to its purpose when considering the different personalities that comprise a Board. It is true that individuals sometimes ignore the rules, and toxic personalities sometimes create challenges for professionals. As a result of this difficult personalities on the Board produce an uncomfortable environment for the Board itself. This is not just a staff problem, and often there is no easy answer. To avoid this issue, it is important to understand that the Board must manage its own behavior and conduct and seek compliance from its own members. Staff can Jo only a limited amount to support a dysfunctional Board, and inviting Board Members to vent to the Town Manager and staff about other Members can create an expectation that it is the Town Manager's job to somehow fix the Board. Remember that the fundamental role of the Board is to function as one unit in order to make Firestone the best community it can be. Each Trustee must bear the responsibility of maintaining grace and decorum, even when he or she does not agree with another Trustee's actions or opinions. (Updated on 3/07/2014)Page � 32 Role of the Town Manager The role of the Town Manager is vital in that the Town Manager is instrumental in executing the policy direction and goals of the Town Board in addition to providing the Town Board with information on future operational needs, policy matters and regulatory requirements. Further, in an effort to collaborate and implement Board decisions, the Town Manager is also responsible for the following: providing organization -wide administration; management and evaluation; pursuing intergovernmental relations and partnerships; promoting and sustaining community relationships and communications, and facilitating public outreach and communications. As a result, the Town Manager wears many different hats and plays a vital role in the community and organization. The Town Manager must be willing to listen to residents, staff, business owners, developers, etc. in order to determine the importance of the community needs and must provide the Board with accurate and concise information. In short, the essential role of the Town Manager is to work together with the Board by functioning as the organization's structural support in order to ensure the Town's sustainability. (Updated on 3/07/2014)Page � 33 What Makes Healthy Dynamics in Board and Staff Think about your reason for becoming a Board Member. Many Board Members of municipal organizations get onto the Board because there is something about the work of the organization that they want to influence. On arriving at the Board table, they quickly find out that they need to take a wide strategic view and do not have a say in day-to-day operational matters. These Board Members can become frustrated by not being able to make operational changes and sometimes resort to clandestine ways to bring about the changes that they want. Remember when you became a member of the Town Board, your role and relationship to the Town changed dramatically. You are elected to represent the Town as a whole. Also, be cautious of single -issue decision making. If you have a single issue that you want to focus on as a Board Member, be prepared to take a wider focus on the strategic big picture. In order to achieve a wider focus, learn to delegate. An effective Board needs to delegate operational responsibility to the Town Manager and not do the work of the organization themselves. Establish policy, strategy and goals with appropriate resources and accountability. In fact, highly effective organizations succeed when people understand and adhere to their roles and responsibilities. It becomes very inefficient and chaotic if either staff or the Board is trying to do the job of the other while ignoring its own. Also, keep in mind the Board is a collective body and is collectively responsible. The Board should speak with one voice. Working as part of an effective Board means being willing to participate in a consensus based team. As a result, remember the following. • Each individual Board Member has only a fraction of the body, and that power cannot be exercised alone; • Success cannot happen for you without (1) collaboration and (2) consensus - building; • Consensus building cannot happen without mutual trust, respect, and a sense of cohesion. Be on the prevailing side and bring others over to establish the prevailing side; • Hanging on to the "outsider" perspective can be destructive to effective governance and can lead to increased liability for you and the Town; • Be prepared to work hard at consensus. (Updated on 3/07/2014)Page � 34 Board -Staff Communications Guidelines Governance of a Town relies on the cooperative efforts of elected officials, who set policy and priorities, and Town staff, who analyze problems and issues, make recommendations, and implement and administer the Board's policies. The following are general guidelines to help facilitate effective communications between the Town Board and staff. 1. Channel communications through the appropriate Town staff. While any staff member is available to answer Board questions and requests for information, the Town Manager is the primary information liaison between the Board and Town. Please direct questions of Town staff to the Town Manager or Department Heads. When a Board Member makes an information request to a particular staff member, the practice is for staff to inform the Town Manager so that he or she is aware of the Board's requests and needs. 2. All Board Members should have the same information with which to make decisions. When one Board Member has an information request, the response will be shared with all Board Members so that each Board Member may be equally informed. 3. Depend upon the staff to respond to citizen concerns and complaints as fully and as expeditiously as practical. A key value in the Town's organizational culture is providing quality customer service. All Board Members are encouraged to contact the Town Manager and Communications and Community Outreach Coordinator (CCOC) to help solve citizen problems. There will be follow-through with the Board Member as to the outcome of the problem or concern. Likewise, the Town receives customer letters or emails directly. These are disseminated to the appropriate department to prepare a formal response. The Town Manager and CCOC oversee the process and ensure a uniform standard. The Mayor signs the response on behalf of the Town Board. On occasion, a letter or email is directed specifically to a Board Member. The ill work directly with the Board Member to Town Manager and the CCOC w provide a response. All correspondence is copied to all members of the Town Board, regardless of to whom it was addressed. (Updated on 3/07/2014)Page � 35 4. The Town Board sets the direction and policy — Town staff is responsible for administrative functions and Town operations. The role of the Board is to act as the legislative body. The Board is responsible for approving the budget, setting policy goals, and adopting strategic plans. The primary functions of staff are to execute Board policy and actions taken by the Board and to keep the Board informed. Staff is obligated to take guidance and direction only from the Town Manager or a Department Head, 5. In order to provide the Board with timely information, please strive to submit questions on Board agenda items ahead of the meeting. Board Members are encouraged to submit their questions on agenda items to the Town Manager as far in advance of the meeting as possible so that staff can be prepared to respond at the Board meeting. Having a practice of "no surprises" between the Board and Town staff and vice versa fosters a productive working relationship. 6. Respect the will of the "full" Town Board. Town staff will make every effort to respond in a timely and professional manner to all requests for information or assistance made by individual Board Members. However, if a request reaches a certain degree in either terms of workload or policy, it may be more appropriate to make the assignment through the direction of the full Town Board. If this should occur, the Town Manager will prepare a memorandum to the Town Board informing members of such a situation. It would be the individual Board Member's prerogative to discuss the request at an upcoming Board meeting and to seek approval by the "full" Board. This procedure helps to ensure that staff resources are allocated in accordance with overall Board goals and priorities. 7. Depend upon the staff to make independent and objective recommendations. Staff is expected to provide its best professional recommendations on issues, providing information about alternatives as appropriate, as well as pros and cons for recommendations and alternatives. Sometimes staff may make recommendations that will be unpopular with the public and Board Members. Staff respects the role of the Board as policy makers for the Town and understands that the Board must consider a variety of opinions and community values in their decision -making in addition to staff recommendations. 8. The Town Manager and staff are supporters and advocates for adopted Board policy. Regardless of whether it was staff s preferred recommendation or not, staff will strongly support and advocate the adopted Board policy and (Updated on 3/07/2014)Page 136 direction. This may cause concern by the Board minority on controversial issues. 9. Refrain from publicly criticizing an individual employee. Criticism is differentiated from questioning facts or the opinion of staff. All critical comments about staff performance should only be made to the Town Manager through private correspondence or conversation. lO.Seeking political support from staff is not appropriate. The Town is a non- partisan local government. Neither the Town Manager nor any other person in the employ of the Town shall take part in securing or contributing any money toward the nomination or election of any candidate for a municipal office. In addition, some professionals (e.g., Town Manager) have professional codes of ethics, which preclude politically partisan activities or activities that give the appearance of political partisanship. (Updated on 3/07/2014)Page � 37 Skillful Communication In conjunction with the communication guidelines, the Town utilizes a skillful communication tool that helps negotiate the barriers to effective collaboration, which includes the following. 1. Pay attention to my intentions • What do I want from this conversation? • Am I willing to be influenced? • Do I have a hidden agenda? 2. Balance advocacy with inquiry • What led you to that view? • What do you mean by that view? 3. Build shared meaning • When we use the term " ," what are we really saying? • Clarify meanings and expectations. 4. Use self-awareness as a resource • Stop! ! ! • What am I thinking? • What am I feeling? • What do I want at this moment? • Is what I am about to offer beneficial to the conversation? 5. Explore Impasses • What do we agree on? • What do we disagree on? (Updated on 3/07/2014)Page � 38 Budget, Goals and Priorities The Town of Firestone takes great pride in its budgeting and goal setting efforts. In fact, as a Board Member, you will play a significant role in instituting goals that not only address the community needs, but that also focus on smart spending which prioritizes infrastructural assets, sustainability and quality of life. To help ensure a seamless process, the Town has initiated a Board policy processing scheduleas depicted in Figure 2.0—that determines the timeline and procedures necessary to facilitate the overall goals and priorities of the community in order to adopt a responsible budget. It is important to note that the processing schedule contains changes reflective of whether the year is a Town general election year; however, most of the timeline information remains the same yearAo-year. In that regard, the Town's budget, goals and priorities are always forward4hinking processes that allow the Town to continue to seek strategic planning efforts that reflect the future of the Town. Because the budget embodies the Board's collective vision for the community, it is especially imperative that personal interests are set aside when prioritizing goals and planning the budget. This is because everyone—i.e. citizens, business owners, developers, outside communities —has personal interests he or she considers urgent. Therefore, it is the Board's job to collectively determine the Town's needs and prioritize them in relation to the health, safety and welfare of the community. To help capture the result of the budget process, Figure 3.0 demonstrates the use of the Town's funds. (Updated on 3/07/2014)Page � 39 W s v T EC g9 �! \e/}0 �/\\| 0 o , ,>- §E }\\ .)}\ k) []} 'R]) £C `kka %) 2/ \;ou n of &n _ of en \u G o &n }L }} \e ,dam ds \u s¥Fun 6 sa§n I -- « 2 i «Uses @ Funds �� ;E :s n @Funds ! z D 75 E L - IT 0; 0 $0 §�kƒ %kf0 CL �a±�§ ,!2 � a CL 0 J ;! j�0 kf�.§ 2±�f Wit£& � Economic development Firestone maintains a strong focus on economic development and continues to seek ways to reach out to developers and businesses in a way that encourages smart growth; and, although economic development is implicit in the Town's strategic planning efforts, sustainability is also vital to the process. To put it in other words, the Town feels that it is imperative to cultivate jobs and services for the community; however, the Town also believes that sustainability is fundamental and primary to the infrastructure of the community. This is reinforced by the deliberate efforts of the Board, Planning Commission and staff to create cohesive land use development and comprehensive master plan documents. (Draft last updated on 3/7/2014)Page � 42 Land Use Development Land use development is a term that is often associated with the development regulations. This is because, in order to conceptualize the aesthetics and composition of the Town, staff depends on the Planning Commission to maintain the development regulations and provide advice to the Board of Trustees when determining if land use proposals comply with the Town's requirements. Keeping this in mind, while economic development is important and necessary, land use development is not so much about building and annexing, but, rather, it is about the right use of property. The Town's Planning Commission is tasked with the important job of identifying compatible land use proposals and providing recommendations based on what is right for the surrounding community. This can be difficult in the sense that development is often associated with growth; however, not all development is appropriate for the Town. There will be times when a land use proposal is presented to the Board, and it does not meet the requirements of the Town. As a result, it is the intent of the Town to educate current and future members of the Board on the importance of land use development within the framework of the goals and needs of the community. Growth is generally encouraged and fundamental to the Town's economic base, but it is the duty of the Board to determine and maintain smart growth. Sometimes this means that the Board will have to say "no" to potential land use proposals. This could be challenging, but it is for this reason that the Board of Trustees along with Planning Commission, with input from various other Boards, Commissions and Committees, work so hard to determine development regulations and master plans. To aide this process, the Town refers to a Development Flow Chart as represented by Figure 4.0. (Draft last updated on 3/7/2014)Page � 43 c 0 � R w alcr O � v 1� z cc Master Planning The Town understands the fundamental importance of planning ahead and creating a vision. This is why it fully supports the use of master planning in the sense that it promotes a forward thinking philosophy and anticipatory measures. This is achieved through the collaborative efforts of the Board of Trustees, staff and various Boards, Commissions and Committees. The master planning process begins as an abstract concept that is made tangible by the actual master plan document. Similar to the development regulations, the master plan is a living document that undergoes updates and revisions in order to accommodate the needs of the community. Master planning requires that you strategically think about the future of the Town and develop ways to preserve and sustain the quality of the community. You will notice that the Town prides itself on these efforts as is demonstrated in its parks and trails system and noted comprehensive approach to land use and development issues. Master planning is an inherited responsibility that is perhaps one of the most important components of a Trustee's job. In fact, master planning provides guidance to future members of the Town's Boards, Commissions, Committees and staff in order to sustain and accomplish the Town's objectives. (Draft last updated on 3/7/2014)Page � 45 Strategic Planning: Collective vs. Individual The Town utilizes strategic planning when referring to sustainability efforts and future impacts. It is a planning tool that helps conceptualize the Town's master plan, parks and trails system, development and growth boundaries and overall public safety. Further, strategic planning relies heavily on collective input as opposed to individual ideas. In fact, the Town's success depends on collaborative efforts between the community, the Board of Trustees and Town staff. The community remains at the forefront of the strategic planning model, because every decision is made on behalf of the community -community being comprised of residents, children, business owners, developers, etc. In other words, the community initiates strategic planning by communicating the Town's needs to the Board of Trustees and staff. Subsequently, Town staff analyzes the concerns of the community and provides the Board with previous history (if applicable), recommendations and alternatives. In turn, the Board determines solutions that maintain fiduciary responsibility in an effort to sustain the Town's resources and plan for the future. As a result, strategic planning is predicated on the community, the Board of Trustees and staff functioning as a collective body. It begins with prioritizing the Town's needs and developing viable solutions that benefit the greater good, in which it is important to separate individual interest from collective interest. Further, the strategic planning concept is threaded throughout the function of the government in that it underpins the council-manager form of government—i.e. the Board proposes policies on behalf of the community and the Town Manager works with staff on implementing the policies. Consequently, the intention is to maintain a functional system that continuously seeks improvement and encourages collective thinking. (Draft last updated on 3/7/2014)Page � 46 Capital Improvements Program In addition to its potable water supply system, Firestone owns and operates five primary public infrastructure elements: transportation, raw water irrigation, storm drainage, parks and municipal facilities (land and building). The purpose of the Capital Improvement Program (CIP) is to first identify needed infrastructure improvements and then establish a multi -year spending plan for their completion that is balanced with the Town's revenue projections. The CIP also represents projects related to public infrastructure and municipal facilities which allows the Town to prioritize critical projects based on its budget and resources. As a result, the schedule of improvements for the CIP is a balance between the need for the improvement and funding that might be available to accomplish it. All of the primary infrastructure elements are addressed in the five-year capital improvements, but there is a continued focus on parks, streets and water projects. It is important to note that only the expenditures proposed for the first year of the program are incorporated into the annual operating budget. The CIP scheduled beyond the current budget year is reviewed and revised annually. (Draft last updated on 3/7/2014)Page � 47 Water/Impact Studies In order to complete the proposed projects in the CIP, the Town relies on impact fees and rate studies that determine a cost analysis based on construction costs, revised capital improvement scopes and revised capital improvement completion timelines. Potable water system needs are analyzed in rate studies and other activities, with projects funded by tap fees, water system charges, developer funds for facilities required to serve new development) and other revenues managed through the Town water enterprise. Included in the impact fee studies are the following specific categories of capital improvement needs: • Roadway Impact Fee: includes rights -of --way acquisition, design, construction and improvement to the Town's street network and associated facilities, such as traffic signals and street lights; • Drainage Impact Fee: includes basin master planning, stormwater conveyance and detention projects, and stormwater quality improvements projects as directed by the Environmental Protection Agency; • Regional Parks Impact Fee: includes acquisition, design, construction and improvements to the Town's parks, trails and open spaces; • New Administration Building Impact Fee: includes the purchase of land for the construction, design and purchase of buildings and municipal facilities, funding the repayment of related debt; • Raw Water Irrigation Impact Fee: includes the purchase of land and the construction of facilities for the raw water irrigation system. (Draft last updated on 3/7/2014)Page � 48 Legislative Policy Statement The Town of Firestone formally adopted a legislative policy statement, appended as Figure 5.0, in order to provide guidance on the Town's legislative policy positions and priorities throughout the year and during the legislative session. This allows the Board of Trustees to track important policy issues that affect municipalities and determine appropriate action, if necessary. More importantly, it helps facilitate communication efforts between the Town and key decision makers. It is the Board's job to work towards cooperative understanding of the legislative process, in which the policy statement provides a structured approach that protects the community from potential policy that impacts the Town's local control, financial resources and community development. 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V1 '� '" 'y� eGi � •O � p '� W �' '' "C � W G yG C CE x m i Ento Sitv R o$ Way �2�0 is W Lis qFuOgv x 4 ■. v Via U °. .evv n� i:'ycCYO a 5.Yc w�,E _ °full 21"M U Fj v v-GO No -EOp i •(o c.c Ely"I ° FEycs • a sit 1) c_$ 6 E" p-Wr+ Ftv it am taii as P» vva � `y��.E 4 b o o� E W A V �"- e�. to v �0 vs'- v° xc3 uGoo— �'m °cvd'.�>av �w apotoy u cc r. 0 y oas vt ~F a 'F 4Eyc wpuv C� e� E n �S4jjF `[O v IS yto L vx @y:d iCitiac t e '�V � 0 "0V V 6�y i � �2x72 aE � III r0 4 �y a LC N O. Vv'3 > a � E yw Meetings and Work Sessions As a public body, the Board of Trustees is subject to sunshine laws that generally require the Board to conduct its business in public meetings open to the public. In order to foster transparency and faith in government, as well as reduce legal risks, Trustees should commit to the spirit and intent of the State open meetings laws, in addition to following the specific rules. These laws generally require that discussions of public business by three or more Board Members must occur in a meeting open to the public and held after posting of a meeting notice and agenda at least 24 hours in advance. This also applies to group email correspondence and/or phone calls between three or more Board Members, which is interpreted as a meeting and therefore considered public. State law authorizes the Board to meet privately in executive session for a limited number of topics, but only after the Board in its open meeting follows strict requirements for convening the executive session. Regular Board meetings are held twice a month while Work Sessions take place once a month. All meetings are located at Town Hall, 151 Grant Ave., Firestone. It is important to note that official meetings are the only time that the Board may make decisions whereas Work Sessions are held for the purpose of informal discussion and study outside of official meetings. Packet material is delivered electronically prior to the regularly scheduled meeting and is meant to prepare Board Members for items on the agenda. As a Trustee, it is imperative to take the time to review the packet material in advance and ask questions if the information is unclear. Further, the Town values the efficient use of Trustee time and refers to Title 2 — Admmistration and Personnel in the Firestone Municipal Code to promote the effective handling of the public's business in an effort to provide clear rules of procedure. For more information, please refer to the Firestone Municipal Code, Chapter 2.04 — Board of Trustees and Mayor. (Draft last updated on 3/7/2014)Page � 52 Meeting Presentation Arrangements It is important to note that official Board meetings are audio taped and maintained according to the Town's adopted retention schedule for record purposes. Meetings include presentations by staff, applicants, and/or representatives of the community and are introduced by the Mayor. The presentations should be brief, concise, and encompass all key components of the item on the agenda being considered. Staff, applicants, and/or representatives of the community are available for questions after the presentation. If audiovisuals are necessary for the presentation, staff, applicants, and/or representatives of the community should ensure in advance of the meeting that all audiovisual equipment is functioning properly and should become familiar with the lighting system in the Board Room so that the proper adjustments can be made during the meeting. (Draft last updated on 3/7/2014)Page � 53 Posting of Notices The Town Clerk's office is responsible for posting any appropriate informational notices on the Town Hall front door. For example, such notices include: agendas, information concerning agendas, Town Hall closures, Town events and other notices pertinent to the public. In terms of legal notices, staff plans ahead to ensure that any required notices are published or distributed by the appropriate deadline. In order to accomplish this, adequate notice must be given to the Town Clerk's and Attorney's offices. Examples include: zoning ordinances, annexations petitions and public hearings. (Draft last updated on 3/7/2014)Page � 54 Board Action There are various Board actions that require a quorum (four members) for the transaction of business. Such actions include: 1. Abstentions: An abstention has the same effect as a negative vote in determining whether or not a majority of the entire elected body or a three - fourths (3/4) vote is met for purposes of adopting a particular item. In addition, members who fail to vote may also affect the result negatively as there are not enough positive votes to meet the requirements. 2. Ordinances: Ordinances are needed to make changes to the Town Code, to appropriate funds and to provide for any type of legislative enactment. Ordinances require adoption on first, second and third readings and take effect thirty (30) days after publication. The rules requiring ordinances to be read by title on three different days may be suspended by the Town to allow for adoption on first and final reading at one meeting. Ordinances are assigned sequential numbers which are not assigned until read into the record. Examples of actions requiring approval by ordinance are as follows: vacating streets, utility easements, and rights -of -way; adopting the Town's budget and appropriating funds, authorizing transfers of appropriations between funds and/or projects; amendments to licensing requirements or fees set by code; levying taxes; annexation of property, zoning and rezoning property; adopting codes by reference (i.e. Uniform Building Code); authorizing issuance of municipal bonds; amending Town Code; adopting pay plans; authorizing sale of real property; and creating and assessing special improvements districts. 3. Resolutions: Resolutions are proposed to set general policy, give formalized direction to staff or approve administrative actions. Resolutions must be approved by a majority of the governing body present at the meeting and are not published. Resolutions are assigned sequential numbers according to the year which are not assigned until read into record. Examples of actions that may be approved by Resolutions are as follows: execution of agreements; awarding bids for purchases/contracts; initiating annexation proceedings; approval of contracts; final plats and subdivision agreements; acquisition of utility easements and other property; traffic modifications such as no parking, speed limit changes, and stop signs; and payments to engineers, suppliers, and contractors for grants. (Draft last updated on 3/7/2014)Page � 55 4. Motions: Motions are less formal than ordinances or resolutions. Motions must be approved by a majority of the governing body present at the meeting. Examples of actions that may be approved by motion are as follows: approval of Board meeting minutes, receipt of official documents, appointments to Board Committees and Coalitions and directing staff to take specific action. 5. Appropriation `1 Payment of Money: The Board may vote to postpone an item on the agenda to a date certain or indefinitely. If an item has been ific date, the item must appear on the agenda for that date postponed to a spec for Board action or another postponement. If no significant change is made, the original Agenda Information Memorandum (AIM) may be utilized a second time. A revised AIM should be prepared for the postponed item if a significant change is made. When an item is postponed to a specific date, the Town Clerk's Office automatically reschedules the item to that date and places it on the Future Agenda Items Master List. (Draft last updated on 3/7/2014)Page � 56 Agenda Roles & Responsibilities Preparation and completion of each Board agenda document involves the cooperation and teamwork of many offices and individuals. The keys to a quality Board packet include effective communication among staff and timely completion of documents for the Board's consideration. It is important to note that various departments have an influence on the agenda process, and quality is emphasized over quantity. Agenda items are maintained on what staff refers to as a Future Agenda Items Master List. The list contains a full year of upcoming Board meeting schedules in which staff meets prior to the next regularly scheduled Board meeting to discuss the agenda topics. If an agenda item is relevant to a specific department, it is the responsibility of that department to route the information to the appropriate staff members and provide the Town Clerk's office with the final documents for the Board packet. Once finalized, the full agenda packet includes any and all material specific to items on the agenda. As for the structure of the agenda, it is generally broken down into the following categories: call to order & roll call; pledge of allegiances approval of agenda (amendments can be proposed); consent agenda; presentation (if applicable); public comment; liquor (if applicable); public hearings (if applicable); action (if applicable); discussion; second public comment portion; reports; executive session if applicable); report from executive session (if applicable); and adjournment. Note that public comment is allowed during public hearings and the public comment portions on the agenda. Although public comment is encouraged, it is limited to two minutes per individual wishing to speak. (Draft last updated on 3/7/2014)Page � 57 Agenda Processing Schedule Step 1—Staff Meeting Staff meetings are held on a predetermined day preceding the next regularly scheduled Board meetings. The purpose of the staff meetings is to determine the agenda topics for the next Board meeting and Work Session and establish staff member responsibilities to: provide information to the Town Clerk for the Board packets; discuss prior Board, Commission and Committee meetings; and decide follow-up action regarding community related business. Step 2 —Future Agenda Items Master List After the staff meeting, the Town Clerk updates the Future Agenda Items Master List, which provides a draft list of the Board's agenda topics for the entire year, and sends staff an email with the updated list. Step 3 —Draft Agenda The Town Clerk then drafts an agenda and sends staff an email with the attached draft agenda requesting comments/revisions. Step 4 —Staff Review &Packet Material It is staffs responsibility to review the draft agenda and forward comments/revisions and any packet material that he/she oversees to the Town Clerk by a predetermined day preceding the next regular Board meeting or Work Session. All packet material sent to the Town Clerk should include Word versions of resolutions and/or ordinances and a final PDF copy. Any material for the packet that is not delivered to the Town Clerk by Thursday will be excluded from the packet and removed from the agenda unless special arrangements are made with the Town Manager. Step 5 —Packets Delivered to Board of Trustees Packet information is delivered electronically to the Board of Trustees 5-7 days preceding the next regular scheduled Board meeting and Work Session. Step 6 —Update Future Agenda Items Master List After the regular scheduled Board meeting and Work Session, the Town Clerk updates the Future Agenda Items Master List and forwards to the Planning Coordinator in order to begin preparations for the next staff meeting. (Draft last updated on 3/7/2014)Page � 58 Step 7 — Agenda Topics If staff has items that need to be added to a future agenda, an email including the agenda topic and proposed Board meeting date needs to be sent to the Town Clerk or discussed at a staff meeting. (Draft last updated on 3/7/2014)Page � 59 Town Clerk's Office The role of the Town Clerk's office is to oversee, monitor, and coordinate the preparation of the meeting agendas. In order to accomplish this task, the Town Clerk's office is responsible for: tracking items for future agendas and planning calendars as items proceed toward Board consideration; update the Future Agenda Items Master List and coordinate staff meetings; identify appropriate placement of items on the agenda, including the consent agendas review the agenda materials submitted and edit them for clarity and format, ensuring that the referenced exhibits and documents are included; produce the agenda through many revisions, coordinating with the originating department, Town Manager's and Attorney's office; arrange for distribution of the finished product; ensure timely publication of any required legal notices both before and after Board meetings; and enforce deadlines and a written process for submitting agenda material. (Draft last updated on 3/7/2014)Page � 60 Town Attorneys Office The Town Attorneys office reviews agenda material with regard to legal issues and has the following responsibilities. work with the initiating department to structure the agenda item to meet the Board and staff needs, identify and address any legal issues and initiate preparation of ordinances or resolutions, coordinate with departments on preparation or approval of proposed contracts, work with the Town Clerk's office and initiating departments on scheduling of agenda items and preparation of confidential memos to the Board addressing any legal issues. (Draft last updated on 3/7/2014)Page � 61 Town Manager's Office The role of the Town Manager in the agenda process is to ensure that agenda item materials contain a thorough policy (and, if applicable, financial) analysis, to present options and to include a recommendation when appropriate. The Town Manager is also responsible for: working with the Department Heads to clarify items that will come before the Board and to identify any potentially controversial or complex items, facilitate staff meetings to review with Department Heads the upcoming agenda in order to become familiar with the material and identify which items need to be reviewed by the Town Manager, review the upcoming agenda with Department Heads and relay changes and/or areas of concern to the agenda to the originating department and negotiate any changes in the final agenda before the document is printed and finalized. (Draft last updated on 3/7/2014)Page � 62 Finance Department The Finance Department is responsible is tasked with the fiscal monitoring and overview of roles in the agenda process as follows. review agenda items to assess the financial impact and work with the initiating department if the financial impact information needs to be revised. (Draft last updated on 3/7/2014)Page � 63 Department Heads The Department Heads take primary responsibility for initiating, preparing and securing the appropriate reviews and approval for agenda items. Each department is accountable for the following elements of the agenda process: attending staff meetings; ensure that all necessary departments and individuals are involved and/or have been notified of the agenda item; work with the Town Attorney's office on legal aspects of the agenda item, including providing all background information to allow the Town Attorney's office to prepare appropriate documentation; coordinate with the Town Attorney's office on preparation or approval of contracts to be considered by the Town Board; coordinate with the Town Clerk's office to ensure sufficient time to adhere to public hearing notice requirements and/or reading of ordinances on three separate dates; notify the Town Clerk's office to schedule items on the agenda; develop and adhere to the internal agenda procedures; clarify roles within the department with regard to the agenda process; and attend Town Board meetings and be prepared to make a presentation. Department Head roles and responsibilities are further demonstrated by Figure 6.0 which depicts the organizational structure of the Town. (Draft last updated on 3/7/2014)Page � 64 TO W2Jb;h.d�GE2 TewnClerk �o:nmmucattcrs and ommurutp Outreach Coordinator Flw nirrg, G,ordinati l r h':cran 3rssto(C Dl rr::p Fwayr rDircfor Futon N'orls Dirdor Adrnvli;trafiveSpesialist Permit Tecinivan Serer rAnurr>trati:., Sp aafst ruo r Ap_CJuntar.t Aecau&wt 'e❑ffir AiAmi atrlv:4 131::f Utility Min¢Cler4: Serer Aamlre trati•� Streetr Per>_m ar. WaferPoreman ntenance tiedom- `senior Ax uc -tract•-: Specialist corutCleri. ?slice Fecerd>CIerI Ccmmnrutp en•io+: Officer Deie�'ive PatrolCo:runander Main L rarer �z 7,: hni c1 an I, It, and III L'�1ten� ceTe^.hrcian 11Ura dlll :'s�nteran eTeehnscian i, il, and 111 Patco[Se,-geant ' atml0ifitert, €1; and 1I