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HomeMy WebLinkAboutR04-022 Adopting Open Space Advisory Committee Bylaws , . ,'. ~ .. oved adoption Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004-~ RESOLUTION ADOPTING THE EAGLE COUNTY OPEN SPACE ADVISORY COMMITTEE BYLAWS WHEREAS, on November 5, 2002, the voters of Eagle County approved County Ballot Referendum IH which provides for an increase in county taxes (herein referred to as the "Open Space Tax") to establish earmarked funding for the purpose of acquiring, maintaining, or permanently preserving Open Space in Eagle County; and WHEREAS, on February 3,2004, a resolution (Resolution No. 2004-015) approving the amendment and restatement of Resolution No. 2003-97, providing for the establishment ofthe Eagle County Open Space Program, Citizens' Open Space Advisory Committee and Eagle County Open Space Fund was adopted by the Board of County Commissioners, County of Eagle, State of Colorado; and WHEREAS, the Eagle County Citizens' Open Space Advisory Committee (hereinafter referred to as the "Open Space Advisory Committee" or "Committee") has drafted bylaws attached hereto as Exhibit "A" that set out rules of procedure for the transaction of business of the Committee; and WHEREAS, the Committee has reviewed the bylaws and opined that the Bylaws are ready for recommendation for approval by the Eagle County Board of County Commissioners. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Open Space Advisory Committee's Bylaws are hereby adopted by the Board of County Commissioners. THAT, The Board may amend or modify this Resolution or any condition or provision contained herein if the Board determines and declares that amending or modifying this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. THAT, this Resolution is necessary for the public health, safety and welfare of the citizenry of the County of Eagle, State of Colorado. ,'. . ' MOVED, READ AND ADOPTED by the Board of Countx~ommissioners of the County of Eagle, State of Colorado, at its regular meeting held this~ay of February, 2004 ~ Aiii. nconi, Commissioner Commission ..' seconded adoption of the foregoing Resolution. The roll having been called, vote was as follows: Commissioner Stone Commissioner Gallagher Commissioner Menconi o.~~ ~ This Resolution passed b~ of the Board of County Commissioners of the County of Eagle, State of Colorado. EXHIBIT A EAGLE COUNTY CITIZENS' OPEN SPACE ADVISORY COMMITTEE BYLAWS I. Name: The name of this committee shall be The Eagle County Citizens' Open Space Advisory Committee (hereinafter referred to as the "Open Space Committee" or "Committee"). II. Purpose. The purpose of the Open Space Committee shall be to function as an advisory board which duties shall include, but are not limited to: a. Make recommendations to the Eagle County Board of County Commissioners (hereinafter referred to as the "Board") regarding the selection, development, maintenance, preservation, and use of the open space land in accordance with the responsibilities of the Open Space Committee as set forth in Referendum IH and the Board of County Commissioners' Resolution No. 2003-97. b. Provide a recommendation of approval or disapproval to the Eagle County Board of County Commissioners regarding all applications for open space funding and for all expenditures from the Open Space Fund. c. Recommend the acquisition and/or permanent preservation of open space by Eagle County or the County in partnership with other public or private entities, for inclusion in the open space program, utilizing funding sources or authorities other than Referendum IH including acquisitions by donations, bequest, devise, dedication, or purchase, pursuant to Colorado Revised Statute 30-11-101. d. Make recommendations to the Board regarding management, maintenance or preservation of open space and associated natural pastoral wildlife conservation, public access or recreational values of lands, conservation easements or other interest in lands acquired by the county alone or in association with other entities. e. Make recommendations regarding the monitoring of any lands, conservation easements, or other interests in lands acquired and held by Eagle County, alone or in association with other entities and the enforcement of any terms, conditions, covenants, easements or other provisions pertaining to the open space preservation of any lands, conservation easements or interest in lands so acquired and held. . , m. Committee Members a. The Committee shall consist of fourteen (14) citizen members, who shall be full-time residents of Eagle County and shall be nominated and appointed in the following manner: 1. Seven (7) individuals shall be nominated, for the Board's consideration, by the Town Councils of Red Cliff, Minturn, Vail, Avon, Eagle, Gypsum and Basalt. In addition, the Edwards Metropolitan District, Berry Creek Metropolitan District, Lake Creek Metropolitan District and Arrowhead Metropolitan District (hereinafter collectively referred to as the "Metropolitan Districts") shall collaborate and compile a list of perspective candidates and then forward said list to the Board. The Board shall appoint seven (7) individuals from the above-named towns that were either nominated or not and one (1) member from the Metropolitan District's list to serve as a member on the Citizens' Open Space Advisory Committee. Persons nominated shall not be paid employees oftheir respective governing entities. Notwithstanding, elected members may be nominated to serve on the Open Space Committee. If any of the above named governing entities fails to nominate an individual the Board shall then appoint a member who is a resident of the TownlDistrict. 2. The Board shall appoint two (2) members each from their respective Districts who are from unincorporated Eagle County. The Board will make every effort to appoint a member in the business of ranching or agriculture and a member from the Roaring Fork Valley. 3. If an unincorporated area incorporates as a municipality, the new municipality may be entitled to nominate an individual for appointment to the Open Space Advisory Committee, with an adjustment of the size of the Committee, as determined appropriate by the Board. 4. Members shall serve at the pleasure of the Board of County Commissioners. IV. Terms Members of the Open Space Committee shall serve staggered three-year terms. When a person is appointed to complete the term ofa departing member, that person's term shall end at the time the departing member's term would have ended. The Board shall identify the term of each member at the time of appointment and members may be reappointed to successive terms. Members shall not be compensated for services, but may be reimbursed for expenses actually incurred in the performance of their duties 2 . . according to Eagle County policy. V. Officers a. ChairDerson: It shall be the responsibility of the Chairperson to preside at all Open Space Committee meetings and to coordinate with Community Development staff on agendas for all regular and study meetings of the committee. No member shall serve as a chairperson for more than two consecutive one year terms. b. Vice-ChairDerson: In the case of absence or disability of the Chairperson, the Vice-Chairperson shall perform the functions of the office of the Chairperson. No member shall serve as a vice-chairperson for more than two consecutive one year terms. c. Other Officers: The Committee may elect other officers as it determines appropriate. Elected officers of the Committee may not serve for more than two consecutive one year terms. VI. Meetinl!s a. All Open Space Committee meetings shall be open to the public and shall be conducted in accordance with approved procedures and review processes, and as required by Colorado law. b. All Open Space Committee members shall attend all Open Space Committee meetings, unless excused by the Citizens' Open Space Advisory Committee Chairperson. Notwithstanding, an unexcused absence from two or more meetings during a calendar year may result in termination of the member's service on the Open Space Committee. c. The Committee shall keep minutes of all meetings that shall be promptly recorded and such record shall be open to public inspection. Approved minutes shall be maintained as public records as the Board of County Commissioners determine appropriate. The Committee may by majority vote go into executive session to consider and discuss any matters as may be provided by law. No official action on any matter may be taken while in executive session. The minutes of a meeting during which an executive session authorized pursuant to C.R.S. ~ 24-6-402(4) is held, shall reflect the topic of the discussion at executive session. The minutes shall be prepared by a representative from the staff of the Eagle County Community Development Department and presented to the Committee for approval. d. The regular meeting schedule shall be determined by the Open Space Committee. 3 , ..~ e. Special meetings may be called by the Chairperson, the Director of Community Development, by majority vote of the Board of County Commissioners or by three Open Space Committee members acting jointly with a minimum of24 hours notice to the Chairperson of the Open Space Committee, and to Staff. VII. V otinl! a. No official business of the Committee can be conducted without a quorum present. A quorum of the committee shall be at least seven members. b. Each Committee member shall be entitled to a vote, and must be present to vote. No proxy vote shall be allowed. c. Voting shall be either by voice or roll call vote. A roll call vote sJ:1all be conducted upon the request of a member of the Open Space Committee or at the discretion of the Chairperson. d. All actions shall require a simple majority vote of the quorum. e. In the event of a tie vote, the motion being voted on shall be deemed to have failed. The application will be passed on to the Board with a recommendation for denial. VID. Conflict of Interest. a. As a matter of policy, the Open Space Committee members shall strive to promote public confidence in the Open Space Committee by assuring the citizens of Eagle County of the impartibility and integrity of the Committee members. As such, all Committee members will ensure that their actions present neither a conflict of interest, as defined by Colorado law, nor the appearance of impropriety or of a conflict with the public trust. b. An Open Space Committee member should not accept any compensation, gifts or service under circumstances in which it could reasonably be inferred that the gift was intended or could reasonably be expected to influence the official in the performance of his or her duties or was intended as an award for action on the Committee member's part. c. No Committee member shall vote or otherwise participate in a decision making process which affects any entity or property interest in which he/she has a financial interest or which any member of his /her family has a financial interest. Family is defined as a spouse, parent, brother, sister, grandparent, child, grandchild, step-child, step-parent, step-grandparent, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, and daughter-in-law. In the event of such a conflict, or if for any other reason, the Committee member believes a conflict of interest or the appearance of impropriety or of a conflict with the public trust exists, the Committee member shall 4 ~ . reviewed. Continuance past 40 days shall only be permitted by written consent of the Eagle County Board of County Commissioners. XII. Procedures a. The Committee shall conduct its business according to the agenda prepared by Community Development Staff and the Chairperson for each meeting. The agenda may be revised or amended at any time by majority vote of the voting members present, subject to the applicable public notice requirements. b. At an Open Space Committee meeting, a presentation may be made by the owner, the owner's representative, or a party or party's representative regarding a proposal requesting money from the open space fund or requesting to donate land for open space. c. Public comment shall be taken as indicated on the agenda, and in a manner determined appropriate by the Chairperson, at all meetings. d. The Committee may consider and discuss the recommendation of Staff prior to taking action on a proposal. e. Upon request from the applicant, or as otherwise determined appropriate by the Committee, the Committee may convene to executive session to discuss a proposal. XIII. General Policies Nothing contained in these Bylaws shall limit the ultimate discretion and authority of the Eagle County Board of County Commissioners on any open space matter and the Board may within its discretion waive any policy and/or procedure. XIV. Notice Notice of regular and special meetings of the Open Space Committee shall be posted at least 24 hours in advance on the bulletin boards located in the Eagle County Building. Committee members will be notified of special meetings by facsimile and/or telephone at least 24 hours in advance of the meeting. XV. Governinl! Rules The rules contained in Robert's Rules of Order, newly revised, shall govern the Committee in all matters to which they are applicable and to which they are not inconsistent with these bylaws, resolution and any special rules that the Committee may recommend for adoption by the Board of County Commissioners. 6 ". .. . . . immediately disclose the interest to the Chairperson of the Open Space Committee and immediately disqualify himself or herself from making any decisions involving such business transactions or other relationship. IX. Ex-Parte Ex-parte contacts are contacts between individuals seeking to influence the decisions of the Committee and Open Space Committee members on a pending open space application, outside the meeting forum. Applications are considered to be pending immediately upon submission to staff and regardless of the degree of completeness. Such contacts include visits to sites proposed for consideration by one or more Committee members and the proponent when they are unaccompanied by County staff and no prior notice or public announcement of the site visit is given; meetings with the proponent separate from Committee meetings; or telephone calls or letters which attempt to influence a Committee's member's opinion. Committee members shall avoid ex-parte conversations and communications (including written form) regarding any pending open space application. Should any ex- parte communications occur where relevant information is obtained, the ex-parte contact and information obtained shall be disclosed at the next public hearing or meeting so that participants at such hearing may be confronted with all facts that may influence a case, and shall have an opportunity to respond. X. Committee Recommendations a. The Open Space Committee shall be an advisory body to the Eagle County Board of County Commissioners. The Committee shall review and make recommendations to the Board, for the Board's adoption, criteria to prioritize the selection of eligible lands for open space acquisition, and shall make recommendations to the Board on any and all matters pertaining to the county's open space program as set forth in Referendum IH. Notwithstanding, the Committee shall terminate upon the exhaustion of the open space fund. b. The Open Space Committee shall provide a recommendation of approval or disapproval to the Board for all expenditures from the open space fund for all open space acquisition and/or preservation projects and proposed open space parcels based on established criteria. XI. Continuance of Committee Meetinl! The Open Space Committee when conducting an Open Space Committee meeting may on its own motion or at the request of an applicant continue the meeting to a fixed date, time and place. Continuances shall be granted at the discretion of the Committee conducting the meeting only upon good cause shown. No limit shall apply to the number of continuances allowed, so long as the sum total of all continuances does not exceed forty days (40) from the date of the first meeting at which the subject file was 5 .. ~... - #. . ... . . ,-. I... T The foregoing Bylaws have been reviewed and recommended for approval by The Eagle County Citizens' Open Space Advisory Committee. Da~/~/I'J~ G:\ WM\Open Space Rules.doc 7