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HomeMy WebLinkAboutWORK SESSION SUMMARY-08/08/2023-Work SessionPage 1 of 3 City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com MEMORANDUM Date: August 16, 2023 To: Mayor and City Council From: Rupa Venkatesh, Assistant City Manager Jenny Lopez Filkins, Senior Assistant City Attorney Thru: Kelly DiMartino, City Manager RE: August 8, 2023 Work Session Summary – Ad Hoc Committee on Boards and Commissions Recommendations Mayor Arndt, Mayor Pro Tem Francis and Councilmembers Gutowsky, Pignataro, Canonico, Peel, and Ohlson were present. At the August 8 Work Session, staff provided a summary of recommendations of the Ad Hoc Committee on Boards and Commissions. The Committee was created in November 2022 and Mayor Pro Tem Francis and Councilmembers Pignataro and Canonico were appointed to serve on the Committee with Councilmember Ohlson selected as the alternate. The Committee started its work in January 2023 and concluded in July 2023. Summary of Feedback Discussion included the following items: Review of the themes captured from feedback by board and commission members, Councilmembers, staff, and community members. A major theme is the need for more support from the City Clerk’s Office (CCO) to include training and onboarding. Recommended changes to annual recruitment due to change in Council elections from April to November. The recommendation is to move annual recruitment from September to December 1-January 30 with terms to start April 1. o Exception to this is the Human Services and Housing Fund Board and Affordable Housing Board. The recommendation is for these terms to start July 1 to align with funds received from the U.S. Department of Housing and Urban Development. o Currently, board member terms end December 31. Recommendation is to extend all current board terms by three months to March 31. Review of several application and interview improvements designed to help achieve the need to increase communication with the staff liaison in order for the Council liaison to have a better understanding of what the board needs DocuSign Envelope ID: 1129FA77-97C8-4B8A-90AA-BBF9A751479F Page 2 of 3 More robust recruitment efforts to increase diversity on boards to include outreach with Poudre School District, Colorado State University, the Cultural Enrichment Center of Fort Collins and Heart and Sol o There was a follow up question from a Councilmember as it relates to current Boards and Commissions demographic information. Attachment 1 contains this information. Staff will include this data as part of the high-level annual report that CCO will provide to Council with the goal of tracking diversity metrics and progress made over time. Process for Council determination on requests received to sunset or repurpose a board Recommendations to revise Code to eliminate all one-year terms from Type 1 and Type 2 boards and subsequently re-distribute the one-year term seat to either additional four year or two-year term seats Recommendations to revise joint meeting language in Code to provide more flexibility for boards to meet together Revisions to the Anti-Discrimination and Anti-Harassment Policy o Formatting and grammatical revisions needed o Clarification needed around the forms of communication that a complaint can come in (the draft policy calls out just in person or by phone) Reviewed draft of the Code of Conduct to set standards of behavior and complaint process for violations o Request to see the evolution of the Code of Conduct from the first draft the Committee reviewed to current draft. This is included in Attachment 2 o Discussion to add application of the Code of Conduct to include Councilmembers o Discussion to clarify that board members should have the intention to use accurate statements and the intention to make decisions based on the best interest of the city Revisions to the Council liaison responsibilities and moving it from resolution to Code including a provision added to the ethical rules of conduct section Revisions to Youth Advisory Board to address quorum issues and scope of work to include completion of an annual project Recommendation to sunset Golf Board effective January 1, 2024 and its scope of work to be added to the Parks and Recreation Advisory Board (PRAB) o One of the four current Golf Board members is interested in finishing their term as a temporary 10th member of the PRAB Recommendation to rename the Women’s Advisory Board to Women and Gender Equity Advisory Board, reduce the number of members from 9 to 7 and add gender equity to scope of work Recommendation to rename and rescope the Bicycle Advisory Committee (BAC) to an Active Modes Committee, create it as a standalone 9-member board, and have ex-officio members from relevant community organizations o Staff was asked to provide a recommended list of ex-officio members from community organizations. o Transportation Board meets August 16 and BAC meets on August 28. Their recommendations will be included in the September 5 Council materials. DocuSign Envelope ID: 1129FA77-97C8-4B8A-90AA-BBF9A751479F Page 3 of 3 Recommendation to add an ex-officio nonvoting representative from the Housing Catalyst to the Affordable Housing Board o Discussion around the criteria of when an ex-officio member gets added to a board. If it’s when the board could benefit from the expertise of a relevant professional organization, then all the boards need to be evaluated for the potential. Staff will be prepared to facilitate this discussion during the September 5 meeting. Updates to the Boards and Commissions Manual Next Steps During the September 5 regular meeting, Council will consider: o Adoption of the Code of Conduct via resolution o Adoption of the Anti-Discrimination and Anti-Harassment Policy via resolution o Adoption of Municipal Code changes during 1st reading During the September 19 regular meeting, Council will consider: o Adoption of the Boards and Commissions Manual via resolution o Resolution to extend the terms of current board and commission terms by three months o Adoption of Municipal Code changes during 2nd reading Attachments 1. Boards and Commissions Demographics information 2. Code of Conduct - Tracked Changes DocuSign Envelope ID: 1129FA77-97C8-4B8A-90AA-BBF9A751479F DocuSign Envelope ID: 1129FA77-97C8-4B8A-90AA-BBF9A751479F DocuSign Envelope ID: 1129FA77-97C8-4B8A-90AA-BBF9A751479F DocuSign Envelope ID: 1129FA77-97C8-4B8A-90AA-BBF9A751479F DocuSign Envelope ID: 1129FA77-97C8-4B8A-90AA-BBF9A751479F Code of Conduct City Council 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80521 970.416.2525 dlau@fcgov.com Purpose: Fort Collins aspires to be a city that addresses the needs of all members of our community and strives to ensure that everyone has the opportunity to thrive. As a community, we commit to building a healthy, equitable, and resilient city – for our families, for our neighbors, and for future generations. The high quality of life we enjoy requires a city that is safe and where all individuals are treated with dignity and respect. The Mayor and City Council are committed to providing an environment that exemplifies the highest standards of behavior, treats others with dignity and respect and is known for its honesty, inclusivity and transparency. Our elected officials and those they appoint believe that how they treat others is a direct reflection of our collective character. Application: This policy applies to board and commission members appointed by the City Council. The Council also adopts this policy to establish standards for Councilmember interactions with board and commission members,staff, and amongst Councilmembers. The term “Appointees” refers to appointed board and commission members. The term “Members” refers to both appointees and City Council. The City Council appoints individuals who: Comply with both the letter and the spirit of the laws and policies affecting operations of boards and commissions. Are independent, impartial, and fair in their judgment and actions. Participate in assigned duties and functions for the public good. Conduct public deliberations and processes openly, unless legally confidential, in an atmosphere of respect and civility toward each other, City staff, and members of the public. Learn and understand the legal and ethical requirements that apply to public officials and processes. Therefore, members commit to the following: DocuSign Envelope ID: 1129FA77-97C8-4B8A-90AA-BBF9A751479F 1. To uphold the standards of integrity and honesty with the intention of using true and accurate evidence and/or statements in the decision-making process, and making decisions based on the best interest of the city and its residents. 2. To conduct business of their board or commission that is within the scope of the specific board or commission functions as described in the Fort Collins Municipal Code. 3. To perform Council liaison assignments and duties as described in the Fort Collins Municipal Code. 4. Familiarize themselves with, adhere to, and comply with established policies and laws, as applicable: The City of Fort Collins Boards and Commissions Manual Colorado’s Sunshine Laws regarding open meetings and public records – as outlined in the Council Resource Guide The City of Fort Collins Charter and Municipal Code; specifically, the ethical rules of conduct and the open meetings, remote meetings, notice and minutes of meetings, board or commission action and attendance requirements (see Fort Collins Municipal Code Sections 2-71 through 2-79) The City Council-adopted Anti-Discrimination and Anti-Harrassment Policy, which prohibits harassment, discrimination and retaliation based on a person’s protected characteristics. 5. Aviod all ex parte communications (communications with anyone about a pending issue including communication with City staff) about quasi-judicial matters. 6. To be aware of the open records requirement that applies to written notes, calendars, voicemail messages, and e-mail. All written or recorded materials including notes, voicemail, text messages, and e-mail that discuss or touch on public business or the functions of the board or communication will likely be subject to disclosure to a requesting party. 7. Appointees are encouraged to meet with their Staff or City Council liaison to discuss any concerns regarding work that may be outside the scope of designated functions, conflicts of interest, appearance of impropriety, ex parte communications, or gifts. Appointees must make disclosures to the City Clerk’s Office as appropriate under the circumstances. 8. Make decisions based on the merits of the issue, while treating all persons and decisions in a respectful and equitable manner and committing to conducting business in a way that exemplifies transparency and open communication. 9. Respect the legitimacy and authority of decisions that have been finalized – regardless of personal position on the matter. DocuSign Envelope ID: 1129FA77-97C8-4B8A-90AA-BBF9A751479F 10. (For Appointees) Strive to represent the official policies and positions of their board or commission when serving in the member role. When presenting their personal opinions or positions in a public meeting, such as a City Council meeting, Appointees shall explicitly state that they are not representing their board or commission or the City. 11. (For appointees) Avoid actively participating in matters that interfere with a quasi- judicial commission member’s ability to remain impartial in making decisions. 12. Continue respectful behavior among Members and City staff when communicating in private. The same level of respect and consideration of differing points of view should be maintained in private conversations. 13. To use public resources (e.g., staff time, equipment, supplies, or facilities) appropriately and in a manner that fosters stewardship of the taxpayer and ratepayer dollar. 14. Attend meetings of your board or commission. Because contemplation, deliberation, and decision-making require collaboration and participation, Appointees are expected to attend their meetings. Appointees must comply with attendance requirements described in Fort Collins Municipal Code Section 2-79. Appointees commit to attend any required trainings and even suggested trainings that enhance a member’s ability to serve. 15. To respect fellow Members, staff, and the public by treating all with patience, courtesy, and civility at all times during the performance of official duties, regardless of differences of opinion. 16. Avoid making personal, , profane, vulgar, slanderous, humiliating, intimidating, or harassing remarks that disturb, disrupt, or impede the conduct of the meeting or the completion of the meeting agenda. Similarly, abusive language, intimidation, threats of violence or harm, or racial or ethnic slurs directed at any person or group of persons are prohibited. Members are expected to know that problematic behavior can cause the targets of behavior to feel threatened, humiliated, or intimidated and such conduct is detrimental to the proper functioning of a public body. Members are expected to avoid publicly ridiculing or insulting fellow Members, members of the public, and City staff. 17. Act in furtherance of the principle that healthy discourse occurs when individuals of all backgrounds and personalities are allowed to respectfully speak candidly about matters of interest, ask difficult questions, challenge ideas and propositions, and work together toward optimal solutions in a respectful manner. 18. Explain to a person who engages in disrespectful treatment that the behavior is disrespectful and, if the person who is the target of the behavior feels comfortable doing so, ask that they discontinue the behavior. If this does not change the behavior the person who believes they are being treated disrespectfully is strongly encouraged to report the behavior using the process described in Fort Collins Municipal Code Section 19. Report behavior that is disruptive, humiliating, intimidating, or threatening or otherwise in violation of this Code of Conduct in the performance of City business, at City- sponsored events, and in all interactions between members, City staff, or the public to DocuSign Envelope ID: 1129FA77-97C8-4B8A-90AA-BBF9A751479F the staff liaison and the Boards and Commissions Coordinator. Complaints of such behavior will be processed following procedures in the Fort Collins Municipal Code. Appointees may not be reappointed and are subject to censure or dismissal by the appointing authority for misconduct, nonperformance of duty, or failure to comply with this Code of Conduct, applicable policies, and the Fort Collins City Charter and Municipal Code. I have read and understand the City of Fort Collins Code of Conduct and agree to abide by and uphold this code to the best of my ability at all times while serving as an appointed or elected official of the city. I understand that I may not be reappointed, and may be suspended, censured or removed from my appointment if my conduct falls below these standards. Signature: Date: Printed Name: DocuSign Envelope ID: 1129FA77-97C8-4B8A-90AA-BBF9A751479F Water Utilities 700 Wood Street Fort Collins, CO 80522 970.221-6700 fcgov.com MEMORANDUM Date: August 16, 2023 To: Mayor and City Councilmembers Through: Kelly DiMartino, City Manager Kendall Minor, Utilities Executive Director From: Jason Graham, Director of Water Utilities Re: August 8 Work Session Summary Fort Collins Water Supply Requirement and Excess Water Use Fee Summary The purpose of the work session was to provide information regarding the need and recommended methodology used to update both the Water Supply Requirement (WSR) and Excess Water Use EWU) fess. All councilmembers were present. Staff presenters included Jason Graham, Jen Dial, and Lance Smith with our external consultant, Jason Mumm, present as well. Staff asked the following questions: Share with City Council the need for WSR and EWU fee increases. Does Council have any questions regarding the need and evaluation of WSR and EWU fees? Does Council have any specific direction for outreach and implementation of the WSR and EWU fees? Discussion City Council was engaged in the discussion and asked a variety of questions. Councilmembers asked questions regarding the methodology used especially the use of fair market value for the value of the City’s water rights portfolio. There was also concern about how initial communication went out to the development community ahead of City Council and the Work Session. Additional further analysis needs to occur to provide council with additional WSR fee options to compare with the presented method and costs by staff. Council also desired to understand the amount of future water rights needed and the drivers (growth and climate) for the needs. Finally, a need to do extensive outreach with the community, and work across City departments to develop a comprehensive package of options and recommendations for City Council to consider. Follow-Up Items Provide clarification on the need for additional 500 AF future water rights. Provide options for Council to consider when this item is brought back for consideration. DocuSign Envelope ID: 2FAA1FD8-C91C-4723-9083-8F6A18B021F6 Develop a comprehensive City-wide team to analysis and develop a City of Fort Collins solution that is reflects the both the economic value of the WSR and the values of the community. Engage with multiple boards and commissions, as well as community stakeholders, to ensure the recommended path forward captures the concerns, challenges and opportunities of all in the community. DocuSign Envelope ID: 2FAA1FD8-C91C-4723-9083-8F6A18B021F6