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HomeMy WebLinkAboutJAN 2014 - APRIL 2015RESOLUTION NO. 14-01 A RESOLUTION DESIGNATING THE PLACE FOR POSTING OF NOTICES OF MEETINGS OF THE BOARD OF TRUSTEES FOR THE TOWN OF FIRESTONE WHEREAS, C.R.S. § 24-6-402(2)(c) requires the Board of Trustees to designate the public place or places for posting of notices of the Board's public meetings. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES FOR THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to Section 24-6-402(2)(c), C.R.S., notices of meetings of the Board of Trustees for the Town of Firestone shall be posted at the front entrance window of the Firestone Town Hall, 151 Grant Avenue, Firestone, CO 80520. Meeting notices may additionally be published on the Town's website, www.ci.firestone.co.us. INTRODUCED, READ, and ADOPTED this 81h day of January, 2014. STOI� TOWN10 " m% SEALQ ATTEST: 4 �•.� a �0 r)�U� - I arissa Medina, Town Clerk TOWN OF FIRESTONE, COLORADO Cu iad Auer, RESOLUTION NO. 14-02 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE STEEL STRUCTURES AMERICA ANNEXATION NOS. 1, 2 AND 3 TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Steel Structures America Annexation Nos. 1, 2 and 3 has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under § 31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed within the meaning of Sections 31-12-107(1)(g),-110(2) or -112, C.R.S. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall,151 Grant Avenue, Firestone, Colorado 80520, on Wednesday February 26, 2014 at 6:30 p.m. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. 1 Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this 8" day of January, 2014. S ToN, TOWN Chad Auer #d 10 Mayor ATTEST: it SEAL1 Q O� . ,/ 02- 0UNTY,GO issa Nfedina Town Clerk 1l212014 5:44 PM[kmk]R:SFimstonc5.4nnexationlSimI Structures 1-3LSubComp Rcmdoc 2 EXHIBIT A LEGAL DESCRIPTION Steel Structures America Annexation Nos. 1, 2 and 3 STEEL STRUCTURES AMERICA ANNEXATION #1 A PARCEL OF LAND LOCATED IN SECTIONS 14 AND 15, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE SOUTH 00024'08" EAST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION RECORDED AT RECEPTION NO 3461534 IN WELD COUNTY, COLORADO, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 89059'58" EAST A DISTANCE OF 60.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD; THENCE SOUTH 14010'00" WEST A DISTANCE OF 238.53 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14; THENCE NORTH 08053'01" WEST A DISTANCE OF 234.06 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION; THENCE NORTH 89057'30" EAST A DISTANCE OF 34.52 FEET TO THE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 10,930 SQUARE FEET OR 0.25 ACRES, MORE OR LESS. STEEL STRUCTURES AMERICA ANNEXATION #2 A PARCEL OF LAND LOCATED IN SECTIONS 14 AND 15, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE SOUTH 00024'08" EAST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION RECORDED AT RECEPTION NO 3461534 IN WELD COUNTY, COLORADO; THENCE SOUTH 89059'58" EAST A DISTANCE OF 60.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 02030'29" WEST A DISTANCE OF 1,181.67 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14; THENCE NORTH 02004'37" WEST A DISTANCE OF 1,181.29 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION; 3 THENCE SOUTH 08053'01" EAST A DISTANCE OF 234.06 FEET TO A POINT; THENCE NORTH 14010'00" EAST A DISTANCE OF 238.53 FEET TO THE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 44,863 SQUARE FEET OR 1.03 ACRES, MORE OR LESS. STEEL STRUCTURES AMERICA ANNEXATION #3 A PARCEL OF LAND LOCATED IN SECTIONS 14 AND 15, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE SOUTH 00024'08" EAST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION RECORDED AT RECEPTION NO 3461534 IN WELD COUNTY, COLORADO; THENCE SOUTH 89°59'58" EAST A DISTANCE OF 60.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 00024'08" EAST A DISTANCE OF 2,270.00 FEET TO A POINT; THENCE NORTH 89046'35" WEST A DISTANCE OF 10.00 FEET TO A POINT; THENCE SOUTH 00024'08" EAST A DISTANCE OF 250.43 FEET TO A POINT; THENCE NORTH 89055'47" EAST A DISTANCE OF 350.51 FEET TO A POINT; THENCE SOUTH 00024'08" EAST A DISTANCE OF 110.00 FEET TO A POINT; THENCE SOUTH 89055'47" WEST A DISTANCE OF 350.51 FEET TO A POINT; THENCE CONTINUING SOUTH 89055'47" WEST A DISTANCE OF 50.00 FEET TO THE WEST 1/4 CORNER OF SECTION 14; THENCE SOUTH 89046'58" WEST A DISTANCE OF 34.52 FEET TO A POINT; THENCE NORTH 00024'08" WEST A DISTANCE OF 2,630.56 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION; THENCE SOUTH 02004'37" EAST A DISTANCE OF 1,181.29 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14; THENCE NORTH 02030'29" EAST A DISTANCE OF 1,181.67 FEET TO THE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 227,791 SQUARE FEET OR 5.23 ACRES, MORE OR LESS. THE TOTAL DESCRIBED LAND TO BE ANNEXED TO THE TOWN OF FIRESTONE THROUGH STEEL STRUCTURES AMERICA, INC. ANNEXATIONS NO. 1, 2 AND 3 CONTAINS AN AREA OF 6.52 ACRES, MORE OR LESS. 4 RESOLUTION NO. 14-Q_;�, A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR DCJ BUILDING WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final development plan for DCJ Building; and WHEREAS, all materials related to the proposed final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final development plan should be approved, subject to certain conditions. NOW, THEREFORE, BE; IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve the proposed final development plan for DCJ Building, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. INTRODUCED, READ AND ADOPTED -this St' day of January, 2014. ATTEST: �\�ESTpNcc r TOWN 10 �GUNrY,�GG�O Parissadina Town Clerk TOWN OF FIRESTONE, COLORADO C_ D N�_ Chad Auer Mayor EXHIBIT A Final Development Plan Conditions of Approval DCJ Building 1. Revise FDP and related documents to address Town Engineer redlines and comments. 2. Remove the temporary irrigation system. 3. Provide a specific program to establish the dry land grass areas. 4. Increase the size of the north irrigated turf area to edge of the main building. 5. On Sheet 3A, provide details of the referenced monument sign and provide information regarding any proposed signage on the building. 6. Revise FDP to show the use as "office -warehouse." 7. J Identify trash enclosure location and provide fencing detail including materials and colors. Also clarify that the painted walls of the trash enclosure will match the primary building color. 8. Provide details for any other proposed fencing including location(s), materials & colors. 9. The details required per above items 5, 7 and 8 shall be consistent with the presentation at the Town Board hearing and subject to final review and approval by Town Planner. 10. Provide an updated title commitment, dated no later than one month prior to recording of final documents. 11. Add a note to the FDP as follows: "Once employee levels reach 30 totaf employees per shift, an Amendment to the Final Development Plan shall be processed to provide additional parking for additional employees." 12. Fix typos. 13. In the Notes section on Sheet 1 add the date of January 7, 2017 to the time to obtain a Certificate of Occupancy. 14. Identify the color of the chain link fence as black. 15. Remove parking lot lighting pole detail from FDP. [sj]] R:1Fires1onel5ubdivisi0ns5De1 Cnmino !ct Bldg FDP TB res 20141 S(3).doc 2 RESOLUTION NO. 14-04 A RESOLUTION SETTING THE DAY AND HOUR OF THE REGULAR MEETINGS AND WORK SESSIONS OF THE BOARD OF TRUSTEES WHEREAS, pursuant to Section 2.04.030 of the Firestone Municipal Code, as amended, the Board of Trustees shall prescribe the day and hour of its regular meetings and work sessions; and WHEREAS, by this Resolution, the Board of Trustees desires to set the day and hour of its regular meetings and work sessions; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby determines and establishes that (i) the regular meetings of the Board of Trustees shall be held on the second and fourth Wednesday of each month at 6:30 p.m. at Firestone Town Hall, 151 Grant Avenue, and (ii) the regular work sessions of the Board of Trustees shall be held on the third Wednesday of each month at 6:30 p.m. at Firestone Town Hall, 151 Grant Avenue. Section 2. The Town of Firestone Development Regulations are hereby amended as necessary to reflect the meeting schedule adopted by the Board of Trustees by this Resolution and to reflect that regular meetings of the Planning Commission shall be held on the third Thursday of each month at 7:00 p.m. at Firestone Town Hall, 151 Grant Avenue. INTRODUCED, READ, and ADOPTED this 22nd day of January, 2014. TOWN OF FIRESTONE, COLORADO �'RoSr°�� C L._, JJ wN /j rr� Chad Auer, ayor 10 ATTEST: 0�Gti'�•Q�Q` 1%• Cps U Car'ssa -edtna, Town Clerk 1 RESOLUTION NO. 14- 015 A RESOLUTION APPROVING AMENDED SPECIAL USE PERMITS FOR KERR-MCGEE OIL & GAS ONSHORE LP FOR SIX OIL AND GAS WELLS LOCATED WITHIN THE TOWN OF FIRESTONE. WHEREAS, by Resolution No. 11-21 adopted on September 28, 2011, the Board of Trustees for the Town of Firestone approved special use permits for Kerr-McGee Oil & Gas Onshore LP to locate within the Town six oil and gas wells known as the proposed Overlook 2-30, 7-30, 8-30, 21-30, 27-30, and 28-30 Oil and Gas Wells; and WHEREAS, pursuant to such special use permits, Kerr-McGee drilled such wells in the locations authorized by the permits; and . WHEREAS, Kerr-McGee received complaints regarding noise emanating from the site of the wells, and in response installed special fencing designed for noise mitigation; and WHEREAS, Kerr-McGee has submitted an application to the Board of Trustees of the Town of Firestone to amend the special use permits approved by Resolution No. 11-21, to approve the noise mitigation fencing; and WHEREAS, Kerr-McGee has submitted the application and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed amendment to the special use permits have been reviewed by Town Staff and found to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the request to amend the special use permits and adopted its Resolution forwarding to the Board of Trustees a recommendation of approval with one condition; and WHEREAS, the Board of Trustees has duly considered the request to amend the special use permits and has held a properly noticed public hearing on the application, at which hearing the applicant and other interested persons presented testimony to the Board and at which a number of documents were made a part of the record; and WHEREAS, the Board of Trustees finds the request to amend the special use permits to authorize the noise mitigation fencing installed at the location of the oil and gas wells should be approved, subject to the condition set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the request to amend the special use permits issued to Kerr-McGee Oil & Gas Onshore LP for the installation of sound mitigation fencing at the site of the Overlook 2-30, 7-30, 8-30, 21-30, 27-30, and 28-30 Wells within the Town of Firestone, in the location more particularly described in Exhibit A attached hereto, subject to the following condition: 1. Refer the proposed SUP amendment to the Frederick Firestone Fire Protection District for any comments it may have regarding the proposed fencing, and provide the Town a copy of the District's referral response. INTRODUCED, READ, AND ADOPTED this 22°d day of January, 2014. OOWN10 m tSEA Q AT7I:EST:-i Abu; sa Me-dina, Town Clerk 2 TOWN OF FIRESTONE, COLORADO c4i Auer, EXHIBIT A Legal Description A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT 1 OF THE OVERLOOK AT FIRESTONE, REPLAT "A", RECORDED ON 03/15/2000 AT THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO.2755702, CONTAINING AN AREA OF 3,438,590.45 SQUARE FEET, OR 78.94 ACRES, MORE OR LESS. 3 RESOLUTION NO. 14-014 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR KERR-MCGEE OIL & GAS ONSHORE LP TO LOCATE AN OIL AND GAS WELL WITHIN THE TOWN OF FIRESTONE. WHEREAS, Kerr-McGee Oil & Gas Onshore LP (hereinafter "Kerr-McGee" or "Applicant") has submitted an application for a special use permit to locate within the Town an oil and gas well referred to as the proposed Scott 28C-32HZ Well; and WHEREAS, Kerr-McGee has submitted the application and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special use permits have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the proposed special use permits and adopted its Resolution forwarding to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed special use permit and has held a properly noticed public hearing on the application, at which hearing the applicant and other interested persons presented testimony to the Board and at which a number of documents were made a part of the record; and WHEREAS, the Board of Trustees finds that the proposed special use permit for the oil and gas well should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the special use permit request of Kerr-McGee Oil & Gas Onshore LP for the location of the Scott 28C-32HZ Well within the Town of Firestone, in the location more particularly described in Exhibit A attached hereto, subject to the following conditions: 1. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 2. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits, waivers, variances and subsequent notices filed with the state and affecting the well. 3. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 4. Prior to commencement of any work within the Town the applicant, including contractors and subcontractors, shall obtain necessary Contractor's Licenses from the Town. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County, specifically an Overweight Permit from the Town is required for moving the drilling rig. 6. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 7. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 9. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. The well site and tank battery and separator areas shall be secured and screened by chain link fencing with "solid" tan aluminum or vinyl lathing using the Town's standard fence and screening detail. 10. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 11. Machinery at the site shall be well-oiled and well -maintained to mitigate noise. 2 12. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 13. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 14. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 15. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 16. To the extent reasonably possible, keep the door to the drill rig engine closed. 17. The use of pump jacks shall be limited to those running on electric motors. 18. The drilling rig used for drilling operations shall be Model CAZA-54 or equivalent type of drill rig. 19. Provide a statement regarding any mineral interest the Town of Firestone has in this well. 20. Place a gravel apron at the access point off of Ingalls Street (WCR 17). 21. On Pages 1-3, add a statement that the Ingress and Egress to the site be from Firestone Boulevard. Also add this to the Exhibit Sheet 2 of 3. 22. Prior to commencing drilling and completing operations the Applicant shall apply magnesium chloride for dust control from Firestone Blvd. north to their access. During operations, the Applicant will be required to grade the gravel road as necessary to maintain a smooth driving surface. INTRODUCED, READ, AND ADOPTED this 22°d day of January, 2014. Ft W wry 10 o IC) -1 V1A C"46- 4edina, Town Clerk 1/1612014 10:53 AM [kink] R:Tire ioneZubdivisiom\Kea McGee Scott Well f 14).TB res.doc TOWN OF FIRESTONE, COLORADO r �-/ Chad Auer, Mayor EXHIBIT A Legal Description A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6T" PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO. RESOLUTION NO. 14-07 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE BEHRENS & ASSOCIATES ENVIRONMENTAL NOISE CONTROL ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Behrens & Associates Environmental Noise Control Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under § 31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed within the meaning of Sections 31-12-107(1)(g),-110(2) or -112, C.R.S. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with Sections 3I-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Wednesday, March 26, 2014 at 6:30 p.m. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subj ect property if requested in the petition. INTRODUCED, READ, and ADOPTED this 12`h day of February, 2014. �\�ESTok�, f TOWN 10 ATTEST: m SEAL 16 Q r� � j O� f Tl ,1��/ l 0 u1m, CAY4S'sa Medina, Town Clerk 21772014 10:0 AM [kmk]R:1FirestoneVAnnexatianSBet mws SubCamp Res 20140207.da F6 c Li k--- Chad Auer, Mayor EXHIBIT A LEGAL DESCRIPTION Behrens & Associates Environmental Noise Control Annexation A PARCEL OF LAND LOCATED IN SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 14; THENCE NORTH 89'55'47" EAST ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF SECTION 14, A DISTANCE OF 50.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST 1-25 FRONTAGE ROAD; THENCE NORTH 00'24'08" WEST ON THE EAST RIGHT-OF-WAY LINE OF EAST 1-25 FRONTAGE ROAD, A DISTANCE OF 110.00 FEET TO A POINT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00'24'08" WEST A DISTANCE OF 250.43 FEET TO A POINT; THENCE SOUTH 89'46'36" EAST A DISTANCE OF 10.00 FEET TO A POINT; THENCE CONTINUING SOUTH 89'46'36" EAST A DISTANCE OF 499.70 FEET TO A POINT; THENCE SOUTH 50'24'16" EAST A DISTANCE OF 444.96 FEET TO A POINT; THENCE SOUTH 00'04'13" EAST A DISTANCE OF 73.79 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF SECTION 14; THENCE SOUTH 89'55'47" WEST A DISTANCE OF 499.62 FEET TO A POINT; THENCE NORTH 00'24'08" WEST DISTANCE OF 110.00 FEET TO A POINT; THENCE SOUTH 89'55'47" WEST A DISTANCE OF 350.51 FEET TO THE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 218,026.03 SQUARE FEET OR 5.00 ACRES, MORE OR LESS. RESOLUTION NO. 14-n A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING CONCERNING THE ESTABLISHEMENT OF A SPECIAL WEAPONS AND TACTICS TEAM (SWAT) WHEREAS, there has been proposed a Memorandum of Understanding ("Agreement") between the Weld County Sheriff's Office and the Town of Firestone to provide for the creation of an intergovernmental Special Weapons and Tactics Team (SWAT), which would be available to respond to certain kinds of emergencies or unexpected situations that might be better service by some type of specialized operation rather than response under conventional operations; and WHEREAS, the Town is authorized to enter into such Agreement and finds that such Agreement is in the best interest of the Town and its citizens; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Memorandum of Understanding between the Weld County Sheriff's Office and the Town of Firestone Concerning the Establishment of a Special Weapons and Tactics Team (SWAT) ("Agreement") is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2. The Mayor is hereby authorized to execute the Agreement, and is further authorized to negotiate and approve on behalf of the Town such revision to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as he essential terms and conditions of the Agreement are not altered. Section 3. The Town's funding and staffing of the Special Weapons and Tactics Team (SWAT) is subject to such budgetary and appropriations measures as are required by state law. PASSED AND ADOPTED THIS DAY OF ,�j , 2014. FfRoSro�� f wN mi SEAL 10 o: o ti ATTEST: issa NYedina, Town Clerk TOWN OF FIRESTONE, COLORADO � Chad Auer, Mayor MEMORANDUM OF UNDERSTANDING CONCERNING THE ESTABLISHMENT OF A SPECIAL WEAPONS AND TACTICS TEAM The Weld County Sheriff's Office, whose address is 1950 "O" Street, Greeley, CO 80631 ("WCSO"), and theTown of Firestone (the "Town") hereby enter into this Memorandum of Understanding (hereinafter sometimes referred to as "MOU"), and agree as follows: The parties agree that each agency and the citizens in each jurisdiction over which that agency has authority would benefit from the creation of an intergovernmental Weld County Special Weapons and Tactics (SWAT) team which would be available to respond to certain kinds of emergencies or unexpected situations that might better be served by some type of specialized operation rather than organized under conventional operations. The Weld County SWAT team is comprised of a tactical element and a crisis negotiations element. Overview 2. The Weld County SWAT team shall have the authority and the mission to provide a professionally trained unit designed to be utilized for a wide variety of critical incidents that occur within the boundaries of Weld County. The Weld County SWAT team shall be composed of officers assigned from participating agencies who shall assemble as the need arises to respond to certain types of emergencies or unexpected situations that require specialized skills or training. 3. This MOU shall become effective upon execution by the governing boards of each respective party to this MOU and shall remain in effect for one year, with an automatic renewal from year to year unless sooner terminated as provided herein. This MOU may be terminated at any time by either party giving the other party 60 days written notice of intent to terminate. Staffing 4. WCSO will assign fourteen (14) deputies to the tactical element and six (6) deputies to the crisis negotiations element of the Weld County SWAT team. WCSO will also assign one (1) commander to serve as overall team commander, or an acting team commander if the team commander is absent. 5. Each agency other than WCSO will assign two (2) officers to the Weld County SWAT team, unless otherwise agreed. The number of officers assigned to the Weld County SWAT team may be modified upon notice and agreement by the other parties to this MOU. 6. The size and staffing of the Weld County SWAT team may be increased or decreased from time to time, including without limitation, utilization of law enforcement personnel from other jurisdictions as may be necessary and appropriate, based upon increased or decreased needs of the citizens and agencies in Weld County, Colorado. 7. The officers involved in this program are each full-time employees of their respective agencies. Participation in this program is voluntary and each individual officer remains an employee of the agency assigning the officer to the Weld County SWAT team, and is at all times compensated and entitled to benefits provided by the officer's assigning agency during any participation in the Weld County SWAT team program. 8. The Sheriff may commission as a Deputy Sheriff any full time employee from a participating agency that participates in the Weld County SWAT team. The authority of such commission is limited to activities in which the appointee is acting as member of the Weld County SWAT team. 9. Selection and dismissal of officers to and from the Weld County SWAT team will follow the provisions outlined in the Weld County Sheriff's Office Procedure Manual (SWAT team selection process/removal process). Each participating agency retains the right to make changes in the officers assigned by it to the Weld County SWAT team at any time, including the number of officers assigned. 10. There will be one team Commander of the Weld County SWAT team who will be assigned by the Weld County Sheriff's Office (WCSO). The Team Commander will be responsible for the overall supervision, training, assignments, callouts, and equipment purchases and replacements for the Weld County SWAT team. Activation It. The supervisor of any agency may request a Weld County SWAT team activation within its jurisdictional boundaries by contacting the Team Commander through the Weld County Regional Communications Center or on duty Weld County Patrol Supervisor. 12. The Team Commander will contact the supervisor of the requesting agency and assess the situation. The Team Commander will seek authorization from the Weld County Sheriff or his designee unless exigent circumstances exist. 13. Activation will follow standard procedures once the Team Commander receives authorization. Operations 14. The Team Commander reports directly to the Incident Commander, where one has been designated, or to the on -scene supervisor. The SWAT Team Commander is subordinate to the Incident Commander only in terms of when and if the tactical option will be initiated, not how it will be performed. 74 15. The Team Commander will be in charge of field direction and supervision of tactical and crisis negotiation operations of the Weld County SWAT team during call outs. The Team Commander shall continue to be in charge of tactical and crisis negotiations operations until the scene has been rendered safe and released to local authorities. No other person who is not in a leadership position within the Weld County SWAT team will attempt to direct, supervise or control any element or member of the SWAT team. 16. The assigning agency at all times has complete discretion to determine whether or not any particular officer from that agency may respond to a callout. Each officer responding to a Weld County SWAT team callout shall have the proper communication equipment with the ability to communicate on the radio frequency utilized by the team. 17. The parties acknowledge and agree that when the designated officers respond to a callout, the designated officers shall remain at the scene until released by the Team Commander and shall not be recalled by the relevant agency for a response within the agency's boundaries until such officer is properly released from the callout. 18. After the scene has been rendered safe, the scene shall be released to the agency with jurisdiction, and such agency will be responsible for processing the scene. The Weld County SWAT team members will assist the agency's processing of the crime scene when requested and to the extent possible. 19. To the extent possible, all Weld County SWAT team activities will be joint activities, with no agency acting independently from other agencies, and all designated officers from each agency will act under the direction of the Team Commander. 20. Officers designated to participate in the Weld County SWAT team shall be evaluated while in their SWAT assignment, with the evaluations forwarded to the respective agency/employer's department head upon request. 21. Weld County SWAT team reports shall be prepared in Weld County Sheriff's Office format. 22. The performance of the Weld County SWAT team will be evaluated on an annual basis by the participating agencies. The WCSO shall prepare an annual summary report to be presented to the Weld County SWAT team participating agencies by the last business day of February. Such report shall provide an overview of the Weld County SWAT team activities for the previous year, including total for number of callouts and outcomes and any other pertinent information that may be useful to participating members. Any department head of an agency participating in the Weld County SWAT team may request a meeting with the Weld County Sheriff to address any issue related to the team. 23. Operational issues will be addressed and a good faith effort will be made to resolve any such issues by the participating agencies working together. It is the intent of the parties to this MOU that resolution of operational issues will first be attempted, and, if possible, accomplished by the designated officers from each agency. If any operational issue has not been resolved within 30 days to each participating agency's satisfaction, the issue will be referred to the heads of the respective agencies for resolution. 24. The Weld County SWAT team shall operate county -wide in all unincorporated and incorporated areas within the County of Weld. 25. The Weld County SWAT team will operate under the policies and operating procedures of the Weld County Sheriff's Office only. Training 26. In order to function effectively in the Weld County SWAT team, each designated officer must have a working knowledge of SWAT, its tools and tactics. It is therefore mandatory that the officers designated to comprise the Weld County SWAT team train with the team on a regular basis, and must be trained to understand, among other things, mission objectives, tactics used, weapons, pyrotechnics, other devices likely to be employed, and communication policies and procedures. 27. Each designated officer must have completed specialized training in SWAT operations prior to being designated to the Weld County SWAT team by the designating agency. 28. The WCSO will be responsible for coordinating the scheduling of training of the Weld County SWAT team. It is anticipated that training will occur on a regular basis, approximately once every two weeks. The expense incurred by the designated officers for such training will be the responsibility of the designating agencies. Equipment Acquisition and Maintenance 29. Each agency shall provide its designated officers with required standard equipment and radio communication equipment in order to adequately perform the training and any callout duties. 30. Vehicles and general equipment previously allocated to the WCSO and upon the execution of this Agreement, being also made available for use by the Weld County SWAT team shall continue to be operationally administered in common with other vehicles and general equipment allocated to WCSO. 31. The WCSO will explore any possibilities for available grant funding for further equipment acquisition. Additional equipment acquisition that is not grant funded and which purchase is approved by the Weld County SWAT team member agencies prior to acquisition, will be assessed against each participating agency pro rata. 32. Weld County SWAT team equipment will be stored at such locations and for such length 4 of time as determined by the WCSO. Weld County SWAT team equipment stored in Weld County facilities will be insured by Weld County; Weld County SWAT team equipment stored in other locations will be insured by the participating agency that holds title to the equipment. 33. At any time that the Weld County SWAT team deems it advisable, disbursement of some or of all assets of the team acquired either through grant funds or through agency contributions, shall occur in accordance with any and all grant provisions or shall be determined based upon contribution of each agency. 34. During an emergency the Weld County SWAT team may request for temporary assignment any necessary equipment from a participating agency. The participating agency may temporarily assign any necessary equipment it deems proper to the Weld County SWAT team (C.R.S. 29-5-103) Employment Status 35. Notwithstanding any term or condition contained in this MOU to the contrary, the parties acknowledge that any officer designated to the Weld County SWAT team by a particular agency is at all times an employee of that agency. All salaries, benefits and overtime of the designated officers assigned to Weld County SWAT team shall continue to be the responsibility of the designating agency, and not of the Weld County SWAT team or the Weld County Sheriff's Office. 36. The parties to this MOU intend that the relationship between them contemplated by this MOU is that of independent entities working in mutual cooperation. No employee, agent or servant of one party shall be or shall be deemed to be an employee, agent, or servant of another party to this MOU. 37. No employee assigned to the Weld County SWAT team shall lose seniority, benefits, opportunities for promotion or assignment change in their respective departments solely because of their assignment to the team. 38. The department heads of the respective agencies which are parties to this MOU retain sole authority to impose discipline on their respective employees designated and assigned to participate with the Weld County SWAT team. The respective agencies may, as needed, schedule any of their designated officers for training authorized by the department, taking into consideration the officer's needs, the agency's needs and the Weld County SWAT team's needs. Communications with the Media 39. Press releases and/or the release of information to the media concerning an event to which the SWAT team responds will be made by the agency in whose jurisdiction the event occurred in accordance with the releasing agency's media release policy. No other information about said event shall be unilaterally released or provided to the media by any Weld County SWAT team member without prior approval by all other SWAT team members. No information pertaining to the Weld County SWAT team itself will be released to the media without prior approval of all SWAT team members. Liability 40. Each party to this MOU shall maintain insurance or self-insurance adequate to protect such party from liability claims and demands that arise from the performance of duties pursuant to this MOU and to cover all operations by such party's personnel pursuant to this MOU. Each party shall be responsible for its own negligent acts and no party shall indemnify the other for claims, demands, or judgments arising from the acts or omissions of the other party. 41. The City of Greeley shall handle all requests for release of criminal justice records, including intelligence information and investigatory files associated with the Weld County SWAT team. 42. Each participating agency shall provide adequate worker's compensation insurance for each of its respective employees engaged in the performance of activities described in this MOU. 43. All other legal liability and any litigation arising from or out of the conduct or performance of officers assigned to and/or working with the Weld County SWAT team shall be the responsibility of that officer's respective agency; however, any officer acting under the specific orders of a superior officer of the Weld County SWAT team from an agency other than that of the officer, may create a shared liability with that other agency, all in accordance with and pursuant to applicable law. 44. The WCSO shall prepare an annual summary report to be presented to the Weld County SWAT team participating agencies by the last business day of February. Such report shall provide an overview of the Weld County SWAT team activities for the previous year, including total for number of callouts and outcomes and any other pertinent information that may be useful to participating members. Unless investigations and/or operations would be compromised and except as otherwise provided by the Colorado Open Records Act, section 24-72-101, et.seq., C.R.S., all disclosures of the annual report are public record. 45. Only employees designated by the agencies participating in the Weld County SWAT team shall be authorized or permitted to operate any vehicle owned, leased, controlled and/or insured by the WCSO or Weld County, Colorado. In the event an employee of a participating agency other than the WCSO is involved in an accident while operating a WCSO Vehicle, and in the event it becomes necessary for the WCSO or Weld County to pay monies to any party for purposes of resisting, adjusting, satisfying or compromising any claim or demand arising out of such an accident, the involved employee's employing 2 agency shall become obligated to reimburse the WCSO or Weld County for such expenses, fees and/or costs within a reasonable time, in no event to exceed thirty (30) days, after receiving written notice from the WCSO or Weld County of the incurring of such expenses, fees or costs. However, as soon as it appears that there may be some liability for payment of damages on the part of WCSO or Weld County, the WCSO or Weld County, or both, must immediately involve a representative from the participating agency prior to negotiating any resolution that may result in liability on the part of the participating agency. 46. Other than those expenses that are otherwise referenced in this MOU, each party shall be responsible for its own respective costs and expenses of training and participating in Weld County SWAT team incidents. All involved agencies may jointly attempt to recover costs of operations when appropriate, through any form of restitution or other provision for such recovery available through federal, state or county funds, homeland security, hazardous materials incidents or other sources. If any recovery is obtained, the involved agencies shall distribute the recovered monies pro rata. General Provisions 47. This MOU contains the entire agreement and understanding between the parties to this MOU and supersedes any other agreements concerning the subject matter of this MOU, whether oral or written. No modification, amendment, novation, renewal or other alteration of or to this MOU shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by all parties hereto. 48. Nothing contained herein shall be construed as a waiver of any and all rights, limitations and protections afforded the parties by virtue of the Colorado Governmental Immunity Act, section 24-10-101, et.seq., C.R.S. The parties specifically reserve unto themselves, their officers, employees and agents any and all defenses, rights, limitations and immunities provided by law. 49. Each agency's obligations to pay any sum of money under this MOU is subject to its appropriation of sufficient funds therefor. Nothing in this MOU shall be construed to require any party to this MOU to provide funding not previously budgeted and appropriated or create any multiple fiscal year obligation of any party. 50. It is expressly understood and agreed that enforcement of the terms and conditions of this MOU and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing contained in this MOU shall give or allow any claim or right of action whatsoever by any other person not included in this MOU. It is the express intention of the undersigned parties that any entity, other than the undersigned parties, receiving services or benefits under this MOU shall be deemed an incidental beneficiary only. 51. The parties agree to execute any additional documents and to take any additional action 7 necessary to carry out this MOU. 52. This MOU shall not be assigned or delegated. 53. Any notice required or permitted by this MOU shall be in writing and shall be deemed to have been successfully given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the US mail. 54. This MOU shall be governed by the laws of the State of Colorado. 55. This MOU may be executed in several counterparts and, as so executed, shall constitute one agreement, binding on all the parties even though all parties have not signed the same counterpart. Any counterpart of this MOU which has attached to it separate signature pages, which altogether contain the signatures of all the parties, shall be deemed a fully executed document for all purposes. 56. If any provision of this MOU is declared by a court of competent jurisdiction to be invalid, void or unenforceable, such provision shall be deemed to be severable, and all other provisions of this MOU shall remain fully enforceable, and this MOU shall be interpreted in all respects as if such provisions were omitted. Town of Firestone Attest: By_ Mayor By Town Clerk Date Weld County Sheriff's Office Sheriff John Cooke Date 8 RESOLUTION NO. 14-09 A RESOLUTION REPEALING RESOLUTION NO. 13-50 AND AUTHORIZING A MAIL BALLOT ELECTION TO BE HELD IN ACCORDANCE WITH THE COLORADO MUNICIPAL ELECTION CODE FOR THE TOWN OF FIRESTONE REGULAR MUNICIPAL ELECTION ON APRIL 1, 2014 WHEREAS, the Town will conduct its regular municipal election on April 1, 2014; and WHEREAS, on November 13, 2013, the Board of Trustees adopted Resolution No. 13-50 authorizing a mail ballot election to be held in accordance with the requirements and procedures of the Uniform Election Code of 1992, articles I to 13 of title 1, C.R.S., in lieu of the Colorado Municipal Election Code of 1965, article 10 of title 31, C.R.S.; and WHEREAS, on February 18, 2014, the Governor signed into law H.B 14-1164, which among other things, amended the Colorado Municipal Election Code to include specific mail ballot election procedures for municipal elections that are not coordinated by the County Clerk and Recorder; and WHEREAS, the Board of Trustees finds it in the best interests of the Town of Firestone to conduct its regular municipal election on April 1, 2014 as a mail ballot election in accordance with the new procedures set forth in the Colorado Municipal Election Code; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Resolution No. 13-50, concerning the utilization of the Uniform Election Code with respect to the Town's April 1, 2014 regular municipal election, is hereby repealed in its entirety. Section 2. The Town of Firestone regular municipal election to be held on April 1, 2014 shall be conducted as a mail ballot election in accordance with the requirements and procedures of the Colorado Municipal Election Code of 1965, article 10 of title 31, C.R.S., as amended. Section 2. The Town Clerk is hereby directed to take all such steps as are necessary to conduct the April 1, 2014 election as a mail ballot election pursuant to the Colorado Municipal Election Code. INTRODUCED, READ AND ADOPTED this 'day of �e M 0." , 2014. Xx TOTOWN OFF STONE, COLORADO m�96, Chad Auer, Ma or ti:_ ATTEST: rissa Medina, Town Clerk RESOLUTION NO. 14- 16 HAS A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT FOR FIRESTONE MEADOWS REPLAT NO. 2 AND A FINAL DEVELOPMENT PLAN --- 2ND AMENDMENT FOR THE FIRESTONE MEADOWS P.U.D. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final subdivision plat for Firestone Meadows Replat No. 2 and a Final Development Plan — 2" d Amendment for the Firestone Meadows P.U.D.; and WHEREAS, all materials related to the proposed replat and final development plan amendment have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed replat and final development plan amendment and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed replat and final development plan amendment should be approved, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby approves the final plat for Firestone Meadows Replat No. 2 and the Final Development Plan — 2° Amendment for the Firestone Meadows P.U.D., subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. 0 INTRODUCED, READ, and ADOPTED this 26`h day of Febryary, 2014. Town Clerk F��tESTp� TOWN SEAL 10 kLo o� try" �8--0 221/2014 12:35 PM [kmk] R,Tireslone\SubdMsiomTiresloneMeadow RepW 2 TR res,doe 1 EXHIBIT A Conditions of Approval Firestone Meadows P.U.D. Replat No. 2 Final Development Plan — 2nd Amendment General 1. Revise application materials to address Town Engineer redlines and comments. 2. Property owner shall execute an agreement providing for construction of trail improvements, in a form to be approved by the Town Attorney. Final Plat 3. Delete the Weld County agricultural note (note 10). 4. Clarify who will be signing the plat, and revise the Ownership and Dedication signature block as necessary. An updated title commitment will be required, to confirm the Ownership and Dedication block is signed by an authorized person on behalf of the owner of record. 5. Remove the statement in Note 1 that reads "the notes, conditions and restrictions on the [two previous plats] are hereby affirmed," and add those notes that are applicable to this plat. FDP-2"" Amendment 6. Correct typographical errors throughout. 7. Clarify what is the "FOP", which appears in several locations in the FDP text, including the Fencing and Potable Water Utilities sections. 8. Prior to the Town Board hearing, provide specific architectural details. 9. Explore adding two connections to the Firestone Trail in the southeast and southwest corners of the property. 2 iw f c f YV �F RESOLUTION NO. 14- A RESOLUTION APPROVING A REPLAT OF THE FLATIRON PLANNED UNIT DEVELOPMENT SUBDIVISION AND AN AMENDED OVERALL FINAL DEVELOPMENT PLAN FOR THE FLATIRON ANNEXATION vN� WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final subdivision plat for the Flatiron Planned Unit Development 1II, a replat of Lot 1, Flatiron PUD, and a proposed Overall Final Development Plan, Amendment No. I for the Flatiron Annexation; and WHEREAS, all materials related to the proposed replat and final development plan amendment have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed replat and final development plan amendment and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed replat and final development plan amendment should be approved, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby approves the final plat for Flatiron Planned Unit Development III, a replat of Lot 1, Flatiron PUD, and the Overall Final Development Plan, Amendment No. 1 for the Flatiron Annexation, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. INTRODUCED, READ, Town Clerk this 26`' day of bru ry, 2014. R pS rp��` WN rn Chad Auer, Mayor O: AL O s " ;... 2/2112014 12:18 PM [kmk] R:SFiremon&SubdivisiomWa6rpn Reptat and Amended OFDP. 7E res.doc EXHIBIT A Flatiron Planned Unit Development III Overall Final Development Plan — Amendment No. 1, Flatiron Annexation Conditions of Approval Revise plat and OFDP and supporting documents to address Town Engineer redlines and comments. 2. Revise the OFDP to note the new physical address for the existing building on the newly created Lot 2. Prior to the Town Board public hearing, revise the OFDP to include the information regarding fencing as presented at the Planning Commission public hearing. 2 RESOLUTION NO. 14— l 2 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE STEEL STRUCTURES AMERICA ANNEXATION NO. 1 TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION WHEREAS, a petition for annexation of property described in Exhibit A attached hereto has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including without limitation: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone; in accordance with Section 31-12- 104(1)(a), C.R.S., contiguity may be established by the annexation of two or more parcels in a series. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. C. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. C. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. The territory proposed to be annexed is 0.25 acres, more or less. k. The Master Plan adopted by the Board of Trustees of the Town of Firestone shall serve as the plan for the area proposed to be annexed, in accordance with Section 31-12-105(1)(e), C.R.S. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of each of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January l next ensuing. 5. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under Sections 31-12-107(2) or 2 -112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of Sections 31-12- 107(1)(g),-110(2) or 112, C.R.S. 7. The landowners of one hundred percent (100%) of the area proposed to be annexed signed the petition requesting annexation, in compliance with Article I1, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. INTRODUCED, READ, and ADOPTED this 26"' day of February, 2014. '.— N � f rawN Chad Auer, Mayor m SEAL 'o ATTEST: a fQ G�N7•Y, rhA ) "I - ris in —a, own Clerk 2/21/2014 1:00 PM [kmk] R:Tire tonMnnexationl5teel Structures 1-35Mlig Reso Ldac EXHIBIT A - LEGAL DESCRIPTION STEEL STRUCTURES AMERICA ANNEXATION #1 A PARCEL OF LAND LOCATED IN SECTIONS 14 AND 15, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE SOUTH 00024'08" EAST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION RECORDED AT RECEPTION NO 3461534 IN WELD COUNTY, COLORADO, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 89059'58" EAST A DISTANCE OF 60.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD; THENCE SOUTH 14010'00" WEST A DISTANCE OF 238.53 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14; THENCE NORTH 08053101" WEST A DISTANCE OF 234.06 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION; THENCE NORTH 890S7'30" EAST A DISTANCE OF 34.52 FEET TO THE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 10,930 SQUARE FEET OR 0.25 ACRES, MORE OR LESS. 4 RESOLUTION NO. t N-13 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE STEEL STRUCTURES AMERICA ANNEXATION NO. 2 TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION WHEREAS, a petition for annexation of property described in Exhibit A attached hereto has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including without limitation: Not less than one -sixth of the perimeter of the areaproposed to be annexed is contiguous with the Town of Firestone; in accordance with Section 31-12- 104(l)(a), C.R.S., contiguity may be established by the annexation of two or more parcels in a series. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. C. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary -of the Town of Firestone in any one year. The territory proposed to be annexed is 1.03 acres, more or less. k. The Master Plan adopted by the Board of Trustees of the Town of Firestone shall serve as the plan for the area proposed to be annexed, in accordance with Section 31-12-105(1)(e), C.R.S. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. Four copies of an annexation map of each of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all Iand within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January l next ensuing. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under Sections 31-12-107(2) or 2 -112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of Sections 31-12- 107(l)(g),-110(2) or 112, C.R.S. 7. The landowners of one hundred percent (100%) of the area proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. INTRODUCED, READ, and ADOPTED this 26`h day of February, 2014. FIRES T� �.I * . r�W ATTEST: o = ;o Co. 10 Y. CO Carissa Medina, Town Clerk 2/21/2014 1:36 PM [kmk] R-1Pirestone\Annexatiol5teel Structures 1-31EIis Reso 2.doc 3 cc Chad Auer, Mayor EXHIBIT A - LEGAL DESCRIPTION STEEL STRUCTURES AMERICA ANNEXATION #2 A PARCEL OF LAND LOCATED IN SECTIONS 14 AND 15, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE SOUTH 00024'08" EAST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION RECORDED AT RECEPTION NO 3461534 IN WELD COUNTY, COLORADO; THENCE SOUTH 89059'58" EAST A DISTANCE OF 60.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 02030129" WEST A DISTANCE OF 1,181.67 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14; THENCE NORTH 02004137" WEST A DISTANCE OF 1,181.29 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION; THENCE SOUTH 08053'01" EAST A DISTANCE OF 234.06 FEET TO A POINT; THENCE NORTH 14°10'00" EAST A DISTANCE OF 238.53 FEET TO THE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 44,863 SQUARE FEET OR 1.03 ACRES, MORE OR LESS. U RESOLUTIONNO. LI — i` A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE STEEL STRUCTURES AMERICA ANNEXATION NO. 3 TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION WHEREAS, a petition for annexation of property described in Exhibit A attached hereto has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including without limitation: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone; in accordance with Section 31-12- 104(l)(a), C.R.S., contiguity may be established by the annexation of two or more parcels in a series. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. C. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. C. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. The territory proposed to be annexed is 5.23 acres, more or less. k. The Master Plan adopted by the Board of Trustees of the Town of Firestone shall serve as the plan for the area proposed to be annexed, in accordance with Section 31-12-105(1)(e), C.R.S. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of each of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January I next ensuing. 5. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under Sections 31-12-107(2) or 2 -112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of Sections 31-12- 107(1)(g),-110(2) or 112, C.R.S. 7. The landowners of one hundred percent (100%) of the area proposed to be annexed signed the petition requesting annexation, in compliance with Article I1, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. INTRODUCED, READ, and ADOPTED this 26th day of February, 2014. �IRESp� r- s ATTEST:io 1 IVf /L1�7 n rY COS Carissa Medina, Town Clerk 2/21/2014 1:39 PM [kmk] R:TiresloneSAnnexaiion\Sieel Simoures 14Elig Reno 3.doc C L) 'L Chad Auer, Mayor EXHIBIT A - LEGAL DESCRIPTION STEEL STRUCTURES AMERICA ANNEXATION #3 A PARCEL OF LAND LOCATED IN SECTIONS 14 AND 15, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE SOUTH 00024'08" EAST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION RECORDED AT RECEPTION NO 3461534 IN WELD COUNTY, COLORADO; THENCE SOUTH 89"59'58" EAST A DISTANCE OF 60.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 00024'08" EAST A DISTANCE OF 2,270.00 FEET TO A POINT; THENCE NORTH 89046'35" WEST A DISTANCE OF 10.00 FEET TO A POINT; THENCE SOUTH 00024'08" EAST A DISTANCE OF 250.43 FEET TO A POINT; THENCE NORTH 89055'47" EAST A DISTANCE OF 350.51 FEET TO A POINT; THENCE SOUTH 00024'08" EAST A DISTANCE OF 110.00 FEET TO A POINT; THENCE SOUTH 89055147" WEST A DISTANCE OF 350.51 FEET TO A POINT; THENCE CONTINUING SOUTH 89055'47" WEST A DISTANCE OF 50.00 FEET TO THE WEST 1/4 CORNER OF SECTION 14; THENCE SOUTH 89046'58" WEST A DISTANCE OF 34.52 FEET TO A POINT; THENCE NORTH 00024'08" WEST A DISTANCE OF 2,630.56 FEET TO A POINT ON THE SOUTHERLY LINE OF COWBOY CORRAL ANNEXATION; THENCE SOUTH 02"04'37" EAST A DISTANCE OF 1,181.29 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14; THENCE NORTH 02030'29" EAST A DISTANCE OF 1,181.67 FEET TO THE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 227,791 SQUARE FEET OR 5.23 ACRES, MORE OR LESS. 4 RESOLUTION NO. 14-_6 A RESOLUTION APPROVING THE STEEL STRUCTURES AMERICA, INC. OUTLINE AND OVERALL FINAL DEVELOPMENT PLAN WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of an outline and overall final development plan for a flag pole at the property that was annexed to, and is now a part of, the Town and known as the Steel Structures America Annexation Nos. 1-3; and WHEREAS, all materials related to the proposed outline and overall final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed outline and overall final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed outline and overall final development plan should be approved, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve the proposed Steel Structures America, Inc. Outline and Overall Final Development Plan, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ AND ADOPTED this 26`h day of February, 2014. SEAL 10 tig 10 Aft2 noGN�' .Go�oQ- 1 C'hfKsa Medina, Town Clerk TOWN OF F LONE,,COLORADO Chad Auer, Mayor EXHIBIT A Steel Structures America, Inc. Outline and Overall Final Development Plan Conditions of Approval 1. Revise the title of the Outline and Overall Final Development Plan to read as follows: OUTLINE AND OVERALL FINAL DEVELOPMENT PLAN STEEL STRUCTURES AMERICA, INC. 2. Address and modify all documents pursuant to all engineering comments from the Town Engineer. 3. Provide an updated title commitment prior to recording, and revise all signature blocks as necessary for signature by the owner of record. 212IM14 2:13 PM jkmk] R:Tire lon6Subdivisiom%Steel Structures OFDP TB res.doc RESOLUTION NO. 14-16 A RESOLUTION SETTING THE DAY AND HOUR OF THE REGULAR MEETINGS AND WORK SESSIONS OF THE BOARD OF TRUSTEES WHEREAS, pursuant to Section 2.04.030 of the Firestone Municipal Code, as amended, the Board of Trustees shall prescribe the day and hour of its regular meetings and work sessions; and WHEREAS, by this Resolution, the Board of Trustees desires to set the day and hour of its regular meetings and work sessions; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby determines and establishes that, commencing April 9, 2014, (i) the regular meetings of the Board of Trustees shall be held on the second and fourth Wednesday of each month at 7:00 p.m. at Firestone Town Hall, l5l Grant Avenue, and (ii) the regular work sessions o f the Board of Trustees shall be held on the third Wednesday of each month at 7:00 p.m. at Firestone Town Hall, 151 Grant Avenue. Section 2. The Town Manager or his designee is hereby directed to amend the Firestone Development Regulations to reflect the meeting schedule adopted by the Board of Trustees by this Resolution. INTRODUCED, READ, and ADOPTED this 12th day of March, 2014. TOWN OF FIRESTONE, COLORADO sroti� zOWN mi S�� boo Chad Auer, M or ATTEST: "'� ..• �,a� �Oy 'CO Carissa Medina, Town Clerk 1 RESOLUTION NO. t4-17 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. ��REs roti� f0WN o; SEA ; o ATTEST: off• •• �,o n A \ �Il7y GO ssa Medina Town Clerk TOWN 7-rST ONE, COLORADO Chad Auer Mayor FIRESTONE 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 familiarize 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. 1 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 1 FIRESTONE wmmmo� A COMMUNITY 1N MMON Town of Firestone, Colorado Board of Trustees Handbook & Orientation (updated on 3/07/2014)Page 12 Table of Contents What Can I Expect as a Board of Trustees Member: Roles and Responsibilities 5 Conflicts of Interest, Ethics and Code of Conduct 7 Disclosure and Non -Action: Matters Involving Conflicts of Interest 8 Provisions Concerning Ethical Conduct 9 Monitoring Conduct 11 Ethical Public Service Standards 12 Information Management and Exposure 13 Social Media Guidelines 14 Liability. 22 Quasi -Judicial Actions 23 General Provisions 25 Ex-Parte Contacts 26 Council -Manager Government 27 Role of the Board of Trustees 29 Board Self -Management 32 Role of the Town Manager 33 What Makes Healthy Dynamics in Board and Staff 34 Board -Staff Communications Guidelines 35 Skillful Communication 38 Budget, Goals and Priorities 39 Economic development 42 Land Use Development 43 Master Planning 45 Strategic Planning: Collective vs. Individual 46 (Updated on 3/07/2014)Page 13 Capital Improvements Program Water/Impact Studies Legislative Policy Statement Meetings and Work Sessions Meeting Presentation Arrangements Posting of Notices 47 48 49 52 53 54 Board Action 55 Agenda Roles & Responsibilities 57 Agenda Processing Schedule 58 Town Clerk's Office 60 Town Attorney's Office 61 Town Manager's Office 62 Finance Department 63 Department Heads 64 (Updated an 3/07/2014)Page 14 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. Staffs 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 15 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 16 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 influence 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 17 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 18 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.; £ 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. S. 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 1 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 111 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 First for 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 1 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, lease seek assistance from the Town Manager's office. (Updated on 3/07/2014)Page 113 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 sea., 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)Fage 1 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 115 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; k. 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; in. 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 1 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 1 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. 10.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. 11.When 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 1 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 119 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 120 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 121 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 plaintiff' [Colorado Revised Statutes (C.R.S.) § 13-21-102 (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 122 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 ... ] [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 (19$8)]. (Updated on 3/07/2014)Page 123 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 124 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-parte (outside -the hearing) contacts allowed; • Rules of evidence: informal. (Updated on 3/07/2014)Page 125 Ex-Parte Contacts Ex-parte 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 126 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 in 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. 2. 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 127 Figure 1.0 — Fundamental roles and relationship of the Board of Trustees and Town Manager (Updated on 3/07/2014)Page 128 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 129 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 (f) 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 130 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. • Trustees serve a two-year term and residents serve four-year staggered terms. • Trustees and residents are appointed at a public meeting. • Meets once a month at Town Hall. PLANNING & ZONING COMMISSION/BOARD OF ADJUSTMENT • 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 131 Board Self -Management 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 do 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 132 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 133 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 134 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 Town Board. On occasion, a letter or email is directed specifically to a Board Member. The Town Manager and the CCOC will work directly with the Board Member to 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 135 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. S. 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. IO.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 137 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 138 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 schedule —as 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 year-to-year. In that regard, the Town's budget, goals and priorities are always forward -thinking 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 139 • Pre ent Action Plan by Department • Accept Planning Commmission's 2014 Master Plan • Review Action Plan by Department •kj ` • - CIP Plan Review by Town Board • Prepare/Present Citizen/Business • Discuss Economic Development Plan Implementation Survey (BkAnnually] • Legislative Update • Elected Officials "1D1" on Town Pratocnls and Operations (post election] • Town Board Joint Meeting(s) with Area Special Service Districts • Review Results of Citizen/Business Survey • OrganizationaI Analysis and Update • Joint Meeting witli Town Board. n Planning Commission & Parks Board • Present 2©14 Action Pfan by Department • Update on Goals Regarding infrastructure and Operat}ono • Mid -Year Budget Review • Review Staffing Pfan/Com pens ation Survey • Review Impact Fees as Measured by CIP Plan • Review Water Rates. Storm Drainage and General Fees • Present Operation Budget to Town Board, Including Personnel Planning and Other Items • Budget Review for Fina{ Changes and Amendments • Review 3-5 Year Department Goals/ Initiatives & Town -Wide Staffing Plan • Approve Budget & CIP Plan Figure 3.0 Funds Flow Chart =-,59URCES = ;Sakes Tax,Property 'Tax: Building Fees, Use Tax., Fines & Forfeltvre5, Transfers In (Impact Fee's) C GENERAL FUND 7700 Road & 8ridges Funds - HUTTTunds' Specific Owoersh[p Tax (Mvj,. Street Lighting Fee, Transfers o� +1 HIGHWAY FUND .'S4URGE5 ' Pack Fee; Grants, Transfers in (Impact Fees) o. C PARK FUND USES of FUN114 USES.ef FUNDS. USESOT.FUNos General Administration _.HIpilWay/Streets Park Repairs PtnkAdminialretdnn - �. - Pu6licSafety, - Administraflon Snow _ Park Maintenance. Ll RemovaFChlp Sea[ Capkal Projects Repairs & FJecUtmti.>S Geri, [ierierai 'tl s;,g ErtginSer[trg,P�anning' i ^'- Maintenance Slilld(rinspettlgra ,. GapitnlPrnjects PAO cni teric impact Fees (Resldential Construction). S6,M0 C IMPACT FEE FUND USES of FUNDS Transters.for Designated CaAitaF F Projects ii" >%:�QURCESY. Water Rates, Tap Fees Water Leases: Cash in - 0eu.. Grants m C 7 WATER FUND USESnPS Public Works Water Administration J. �- utility Sipin$ ,L�nc - - Repair/Maint Water `"Engi nl' eerigng Capita? Pe`oJKetS GINCWD- cnittrlCG -. Additional 1% sales.tax approved by voters in Fy 1013) r� fG ', C ix LSALESTAXCIP FUND US S�UFIDS Streets and Parks Projett3 and O&M ..50 -RC Debt services (Sales Tau CEP fund] - Conservation Trust - Open Space (Lodging) Finance Authority 0 C _-f .;; 50URGE5 Mill L evy tncrxn»ent based on growth in tax base m C OTHER FURA FUND FUND USES of FUNDS Debt Strvice. Conservation Trust Upon Spaco ,i USES oT-FUNDS Debt Service or cash oiitlys related to ecnnomlc deVeloprnettt (Draft last updated on 3/7/2014)Page 141 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 142