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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/27/2004 - BOARDS AND COMMISSIONS PERIODIC REVIEW DATE: July27, 2004 STUDY SESSION ITEM STAFF: Darin Atteberry FORT COLLINS CITY COUNCIL SUBJECT FOR DISCUSSION Boards and Commissions Periodic Review. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED At the January 25, 2000 Study Session, Council discussed several procedures regarding its boards and commissions. A portion of the discussion focused on the establishment and scope of a process to periodically review the purpose and functions of the City's boards and commissions. At Council's request, staff developed a Periodic Review Process which was adopted on February 20, 2001 by Resolution 2001-026 as a part of the Boards and Commissions Manual. The initial review dates have been staggered, and, thereafter, each board or commission will be reviewed every six years after the initial review. The 2004 review includes the following boards and commissions: • Building Review Board • Natural Resources Advisory Board • Telecommunications Board In accordance with the adopted review process, each of the boards listed above completed a self- assessment questionnaire. Attached to each questionnaire is the City Code description of the board's duties, the most recent work plan, annual report, and bylaws. The Role of Council Liaisons to Boards and Commissions is also attached to define the description of the Council Liaison as it relates to direction, communication, facilitation and meeting attendance for boards and commissions. The Council's review will consist of the following questions: - What does the board do? (Current functions) - Does the City need a board that does this? - If so, should any of the duties of the board be changed? - Can any of the duties of this board be consolidated with another board? - Is the size of the board appropriate? - Is the work done by the board beneficial and useful to the Council? The Chairperson and Vice-Chairperson from each of the boards and commissions have been invited to join the Council during the review of each board or commission. The discussion at the study session is intended to assist the Council in determining whether it should: - Continue the board without alteration of duties or composition. - Continue the board with amendment to duties and/or composition. - Eliminate the board and its duties. - Eliminate the board and transfer of some or all duties to other existing board(s). July 27, 2004 Page 2 The study session will conclude either with: (a) a statement that the board should continue without alteration; or (b) direction to staff to prepare legislation making any changes (number of members, duties, etc.). ATTACHMENTS A. Periodic Review Process adopted February 20, 2001 B. The Role of Council Liaisons to Boards and Commissions adopted on May 17, 1988 and revised on June 6, 2000 C. Periodic Review Questionnaires completed by each board or commission (with attachments) Attachment A PERIODIC REVIEW PROCESS • A periodic review will be conducted for all boards except the Downtown Development Authority, Housing Authority, Liquor Licensing Authority, and Massage Licensing Authority. 0 The initial review dates will be staggered. Thereafter, review will occur every 6 years. • The reviews will be conducted at an annual study session (4-5 boards per year). Study session materials should include self-assessment completed by each board. The study session will conclude either with (a) a statement that the board should continue without alteration, or (b) direction to staff to prepare legislation making any Council-requested changes (number of members, duties, etc.). Review and formal action, if any, should be completed at least one (1) month prior to beginning the annual recruitment process. • Self-assessment by each board should consist of the following questions: - Are the current duties of the board, as defined by City Code,realistic? If not,what duties would you suggest be added and/or deleted? - Is the board's workload (annual work plan) too much; too little; about right? Explain. - Does the board effectively accomplish its annual work plan? - Are board meetings conducted in an effective manner? What could be done to improve board meetings? - Is the current size of the board appropriate? - Are communications between the board and Council effective? What could be done to improve these communications? - Required attachments: City Code description of duties, recent work plan, annual report, bylaws • Council review would consist of the following questions: - What does the board do? (Current functions) - Does the City need a board that does this? - If so, should any of the duties of the board be changed? - Can any of the duties of this board be consolidated with another board? - Is the size of the board appropriate? - Is the work done by the board beneficial and useful to the Council? • Possible outcomes of review include: - Continuation of the board without alteration of duties or composition. - Continuation of the board with amendment to duties and/or composition. - Elimination of the board and its duties. - Elimination of the board and transfer of some or all duties to other existing board(s). INITIAL REVIEW SCHEDULE BOARD TYPE 2001 2002 2003 2004 2005 2006 Affordable Housing Board A f Air Quality Advisory Board A f Art in Public Places Board A f Building Review Board D f Citizen Review Board AA f Commission on Disability A f Commission on the Status of Women A f CDBG Commission A f Cultural Resources Board A f Election Board D f Electric Board A f Golf Board A f Human Relations Commission A f Landmark Preservation Commission D f Library Board A f Natural Resources Advisory Board A f Parks and Recreation Board A f Personnel Board AA f Planning and Zoning Board D f Retirement Committee D f Senior Advisory Board A f Telecommunications Board A f Transportation Board A f Water Board D f Youth Advisory Board A f Zoning Board of Appeals D f A = Advisory AA = Advisory to Administration D = Decision-making Attachment B THE ROLE OF COUNCIL LIAISONS TO BOARDS AND COMMISSIONS Every two years, following the election of Councilmembers, the Council selects its liaisons to the boards and commissions. Council has defined the role of Council liaisons as follows: 1. To communicate with the board or commission when Council communication is needed and to serve as the primary two-way communications channel between Council and the board or commission. 2. To take the lead in filling vacancies, reviewing applications, and interviewing candidates for the board or commission. 3. To serve as the primary informal Council contact for the board or commission. 4. To help resolve questions the board or commission may have about the role of Council, municipal government, and the board or commission. 5. To establish formal or informal contact with the chairperson of the board or commission and effectively communicate the role of the liaison. 6. To provide procedural direction and relay Council's position to the board or commission, and to communicate to the board or commission that the liaison's role is not to direct the board in its activities or work. 7. To serve as Council contact rather than an advocate for or ex-officio member of the board or commission. 8. To review the annual work plan of the board or commission and make recommendations to the City Council regarding the work plan. 9. To identify and help resolve any problems that may exist with respect to the functioning of the board or commission. 10. To facilitate the training of new board and commission members byproviding suggestions and relevant information to the City staff members responsible for providing such training. Council liaisons do not normally attend monthly meetings of the boards and commissions. Liaisons are informed of boards and commissions activities through agendas and minutes, work plans, and annual reports. Liaisons may attend a meeting due to an interest in a specific agenda topic, or may "pop in"just to observe. Attendance by a Council liaison should not affect the normal structure of a board meeting. Attention should not be focused on the Council liaison and his or her input. If Council liaison participation is critical to a particular item, a direct invitation should be made to the Council liaison, explaining why participation is deemed to be critical. If appropriate, discuss with the liaison prior to the meeting what expectations are and whether the liaison can meet those expectations. Revised: June 6,2000 i Attachment C 2004 Periodic Review Worksheet Building Review Board — Karen Weitkunat, Council Liaison — Felix Lee, Staff Liaison Representatives — Charles Fielder, Chair — Brad Massey, Vice-Chair ♦ Brief(1-2 minutes)board representatives introduce themselves and present overview of board function/mission. Present any major concerns (if any) for Council to consider. ♦ Council questions/comments (10-12 minutes) concerning the responses on the Periodic Review Questionnaire. ♦ Brief(1-2 minutes) summary of Board or Council action needed(if any) Notes: / RETURN COMPLETED QUESTIONNAIRE TO CITY CLERK BY: TUESDAY,JULY 6,2004 BOARDS AND COMMISSIONS PERIODIC REVIEW QUESTIONNAIRE DATE PREPARED: 77/1�10mo4 ( , BOARD/COMMISSION NAME: 4s ,Uzt A4- I �� LIST OF MEMBERS: 0,0� rj/.xEj La AL LAY QCc 1. Are the current duties of the board, as defined by City Code, realistic? If not,what duties would you suggest be added and/or deleted? ss u-toar r.a5-rarAc�s ZNe- A� A t 1 dvE r c o,ncr-fb . 2. Is the board's workload (annual work plan) too much; too little; about right? Explain. SP�vt_L' et:v— jc� 3. Does the board effectively accomplish its annual work plan? �ent C. V Ef 1P �� RETURN COMPLETED QUESTIONNAIRE TO CITY CLERK BY: TUESDAY,JULY 6,2004 4. Are board meetings conducted in an effective manner? What could be done to improve board meetings? C"oviPAa 1b aTNrt CRT LC-tL �+'ali✓ S NT" iCL A G--1 -P'V iA1-t- b is 5. Is the current size of the board appropriate? Imo`> I_`GC- tl N l't l Ll J Co NC�JS�a ISS . 6. Are communications between the board and Council effective? What could be done to improve these communications? tSC�ScSc�7 ��r� o� Co,s�-��.l-t-caJS �rA�l�JII�S'�� 7. Other comments: L. LA os r- -V 1 Attachments: / City Code description of duties / Current Work Plan / Current Annual Report / Current Bylaws Colorado Code Publishing Company - Fort Collins Municipal Code and Charter- Chapter... Page 1 of 1 Sec. 2-119. Functions. tops The board shall have the following functions: (1) To determine the suitability of alternate materials or alternate methods of construction, provide for reasonable interpretations of the provisions of the city building code, city mechanical code, city plumbing code, city electrical code and city fire code, and hear all appeals made to it related to such codes; (2) To hear all requests for variances from the requirements of Article 5, Title 9, C.R.S., which establishes standards and specifications governing the accessibility of buildings and facilities within the city to the physically handicapped; (3) To hear all matters related to the suspension or revocation of any supervisor certificate or license or registration of any plumber or electrician as provided in the Code; (4) To, upon appeal in specific cases, grant variances from the terms of Chapter 15, Article V, where the strict application of any provision of said Article would result in peculiar or exceptional practical difficulties to or exceptional or undue hardship upon the person regulated, provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of said Article; and (5) To serve as the Board of Appeals as required under Section 205 of the Uniform Code for the Abatement of Dangerous Buildings. (Ord. No. 93, 1987, § 3, 7-7-87; Ord. No. 49, 1991, § 1, 5-7-91; Ord. No. 108, 1992, § 1, 11-3-92; Ord. No. 133, 1997, § 2, 8-19-97) http://www.colocode.com/fteollins/municipal/chapter2.htm 6/30/2004 2004 WORK PLAN BUILDING REVIEW BOARD The Building Review Board will continue to meet on the last Thursday of each month when there are public discussion or hearing items placed on the regular monthly agenda. The Board may also meet as needed in order to convene special meetings. Staff anticipates that the Building Review Board will hear several appeals by contractor license applicants who do not strictly meet the qualification criteria specified in the City Code. Under its quasi-autonomous review authority, the Board is empowered to grant variances from such criteria when it determines there are practical difficulties or that an undue hardship would be imposed on the applicant; or, when the Board determines the applicant has sufficient specialized training, education, or additional relevant experience. The Board is also empowered to render disciplinary action, including suspension or revocation of regulated contractor licenses, under which any specified infractions listed in the regulations are committed. Additionally, in its code appellate function, the Board may hear appeals from strict application of the building codes or from an interpretation of the codes by the Building and Zoning Director (Building Official). In its advisory capacity, the Board is expected to start its review of the 2003 edition of the International Building Code (IBC) and then make recommendations to Council regarding any suggested revisions based on local conditions and community standards. They will also be reviewing Article V, Section 15 of the City Code related to Contractors and then forwarding suggested changes to Council. The Board will continue to work on its operational procedures and other matters of interest. fort collins building & zoning dept. 281 N. Colleoe Ave.. P.O. Box 580: Fort Collins. CO 80522-0580: Voice:970 221 6760 FAX:970 224 6134 BUILDING REVIEW BOARD 2003 ANNUAL REPORT BACKGROUND: The Building Review Board consists of seven members. Meetings are held on the last Thursday of each month in the Council Chambers at City Hall. The Board may also meet as needed in order to convene special meetings. Members who served during 2003 included Charles Fielder, Leslie Jones, Gene Little, Brad Massey, John McCoy, Jim Packard and Mike Smilie. Jim Packard resigned in May, 2003. David Carr was appointed as his replacement. Charles Fielder served as Chairperson and Brad Massey served as Vice-Chairperson throughout the year. Council liaison to the Board was Council Member Karen Weitkunat. Staff support was provided by Felix Lee, Paul Eckman, Delynn Coldiron and Stacie Soriano. 2003 YEAR IN REVIEW: As the appellate body for building codes and contractor regulations, the Board held numerous hearings: 1. APPEALS: • License Approvals: The Board heard five cases from contractors asking for approval of licenses that had been denied by staff due to incomplete and/or insufficient project experience, due to the specialized nature of the work done by such companies which did not fit well into any of the available Fort Collins contractor license classes, or due to the fact that violations had occurred to the City's licensing regulations. • Nathan Moore—Appellant requested approval of a roofing license that had been denied by staff due to the fact that the appellant was caught performing roofing work without a license or permits at two locations in the City. Also, three of the project verification forms submitted did not meet licensing requirements. The Board approved the appellant's request for a roofing license but clarified that permits must be obtained prior to starting a job and that further violations would result in another hearing before the Board to discuss disciplinary action against his license. • Jeff Anderson, d/b/a Vista Peaks Construction —Appellant requested approval of a framing license that had been denied by staff due to the fact that the appellant was caught performing framing work without a license. The Board approved the appellant's request for a framing license but instructed that a letter of reprimand be placed in his file for the violations that had occurred. • Mark Cortese, d/b/a The Filter Guy—Appellant requested approval of an HVAC license that had been denied by staff due to the fact that the appellant was caught performing HVAC work without a license. The Board approved the appellant's request for an HVAC license upon successful completion of the HVAC exam but instructed that a letter of reprimand be placed in his file for the violations that had occurred. • Brent Hisgen, d/b/a Colorado Custom Design/Build —Appellant requested approval of a D2 license that had been denied by staff due to the fact that the appellant was caught performing construction work prior to obtaining a license or permit. The Board granted a 90-day temporary D2 license pending receipt of one additional project verification form that meets the D2 licensing criteria. They also instructed that a letter of reprimand be placed in the file due to the violations that occurred. BRB Annual Report- 2003 Page 2 • Craig Singleton, d/b/a Outer Space Decks—Appellant requested reinstatement of his Miscellaneous and Minor Structures license that had been denied by staff due to the fact that appellant was caught performing construction work prior to obtaining a license or permit. He also requested an exemption to the square footage, increasing it from 200 to 800 square feet. The Board approved the appellant's request for reinstatement of his license provided he passed the related exam and paid all licensing fees and fines. Additionally, they increased the square footage allotment to 800 square feet for decks only. • Exam and Experience Waivers: The Board heard nine cases from contractors asking for waivers from the City's exam or experience requirements. • William Ternes, d/b/a Custom Design & Storage Sheds—Appellant was requesting an exam waiver based on the fact that he had attempted the test twice and failed. He mentioned that the D1 test which is the test required for both the D1 and D2 licenses, covers information that he is not familiar with since he does not build houses or additions and does not intend to. The Board did not waive the test requirement, but extended the appellant's temporary license for 8 months, giving him additional time to prepare for the test. • Donald Reidy, d/b/a Reidy Construction—Appellant was seeking an exam waiver since his license had expired past the 60-day grace period allowed by the ordinance. The Board denied appellant's request for an exam waiver, but authorized a 90-day temporary license giving the appellant additional time to prepare for the test. • Roger Killion, d/b/a Killion Enterprises —Appellant was seeking a waiver of the experience criteria to enable him to obtain a demolition license. The appellant had a job pending. The Board granted a temporary demolition license that would enable the Appellant to perform the pending demolition job only. • Tim Keohane—Appellant was seeking an exam waiver due to reading and spelling difficulties and the fact that he has been framing for 23+ years. The Board approved the appellant's request. • Mark Cortese, d/b/a The Filter Guy—Appellant was seeking an exam waiver or another 90-day temporary license due to the difficulty he was having passing the exam. The Board granted a second 90-day temporary license but instructed the appellant to retake the exam. • Roger Killion, d/b/a Killion Enterprises—Appellant was again seeking a temporary demolition license that would enable him to perform two pending demolition projects. He mentioned that the first project he obtained Board permission to demolish did not happen. The Board approved a temporary license that would enable the appellant to perform the demolition work for the two pending projects described. • Larry Schaap, d/b/a American Mechanical Service of Denver—Appellant was seeking an exam waiver based on his years of experience in the industry and other education. As part of his testimony he noted that he had performed work prior to obtaining his license and received a Stop Work Order. The Board approved the appellant's request contingent on the submittal of all necessary paperwork and fees. They also instructed that a letter of reprimand be placed in his file due to the violations that occurred. • M. Timothy Nolting —Appellant was seeking a waiver of the experience criteria to enable him to obtain a Class D2 license or, alternatively, permission to complete a pending project that would require a D2 license. The Board denied his request based on his level of experience. BRB Annual Report- 2003 Page 3 • William Ternes, d/b/a Custom Design Storage Sheds, License D2-62 —Appellant was again requesting that the Board grant him an exam waiver based on the fact that he had taken the City's exam three times and failed on each occasion. He again mentioned that the test includes construction questions pertinent to building entire homes and/or residential additions which he does not get involved with. Alternatively, he asked that the test be revised to cover only those aspects of construction that he performs and/or that the Board consider his test score of 71% as adequate to obtain his license. The Board agreed to accept his test score of 71% as adequate for a limited D2 license. The limitations included: 1) single story construction; 2) 1,000 square feet or less; and 3) no residential additions. • Exceptions/Upgrades: The Board heard seven cases from contractors and/or building owners asking for exceptions that would allow them to build outside of the constraints of their current license. • William J. Russell, d/b/a W.J. Russell, Ltd. —Appellant was seeking an exemption to his Class D1 and E licenses that would enable him to fix a roof that had collapsed on a commercial storage building. The Board granted a one-time exemption allowing the appellant to perform the work on the proposed project based on staff's stance that the construction would be similar to a single-family garage which is within the scope of the appellant's D1 license. • Steve Josephs, d/b/a Craftsmen Builders, #D2-26 —Appellant was seeking an exemption to the 1,000 square foot limitation of the D2 license as well as an exemption that would enable him to build a single family home. The Board approved an exemption of square footage up to 2,500 square feet under his D2 license, as well as one project exemption for a single family dwelling. • Tom Langer, d/b/a Aspenwood Construction, #D-348—Appellant was seeking an exemption to his D1 license that would enable him to perform a tenant finish project. The Board approved the one-time exemption but mentioned that the appellant would be required to take and pass the Class E license exam before any further project exemptions would be approved. • Ron Tomasini, d/b/a Tomasini, Inc., #D2-33 and #E-180—Appellant was seeking an exemption to his D2 and E licenses that would enable him to construct a back porch/deck for a restaurant. The Board granted the appellant's request but restricted that addition to 800 square feet. • Karl Weits, d/b/a Waits Construction, #D-496 —Appellant was seeking two project exemptions to his D1 license that would enable him to perform a tenant finish for a spa, as well as a small non- structural addition of a sound room in a church. The Board approved both project exemptions. • Alan Strope, d/b/a Savant Homes, #C2-77 —Appellant was seeking a project exemption to his C2 license that would enable him to perform a tenant finish project. The Board approved the project exemption with the restriction that the construction not surpass 4,000 square feet. James Rowan, d/b/a Rowan Design and Construction, Inc., License#D-505 —Appellant was seeking a project exemption that would enable him to repair fire damage to a multi-family unit, as well as construct an addition to a multi-family clubhouse. The Board approved both requests based on the fact that the projects were generally similar to residential construction the appellant had performed. 2. LICENSE HEARINGS: The Board heard four cases against contractors who had violated the City's licensing regulations. • Lance Landrum, d/b/a Climatech, License#H-1426 —The Board found that the respondent had violated items 1, 2, 6 and 7 of Section 15-162 of the Contractor Licensing Regulations. They lifted the 10-day suspension imposed by the Building Official as they considered it adequate disciplinary action for the violations that had occurred. BRB Annual Report-2003 Page 4 • John Duesing, d/b/a Yeti Mechanical, License #H-1151. The Board found that the respondent had violated items 1, 2, 6 and 8 of Section 15-162 of the Contractor Licensing Regulations. The Board denied respondent's request for reinstatement of his license, stating that they would reconsider the item in 180 days if the respondent requested them to do so. • Arnold Drennen, d/b/a Drennan Custom Contracting, License#D-187. The Board found that the respondent had violated items 2 and 8 of Section 15-162 of the Contractor Licensing Regulations. The Board instructed that a letter of reprimand be placed in respondent's file. The Board lifted the 3-day suspension that was imposed by the Building Official. • Berk Conway, d/b/a Conway Construction, License#C1-126. The Board found that the respondent had violated items 2 and 9 of Section 15-162 of the Contractor Licensing Regulations. The Board instructed that a letter of reprimand be placed in respondent's file. The Board lifted the 3-day suspension that was imposed by the Building Official. 3. BUILDING CODE HEARINGS: • First Presbyterian Church —Appellant desired to demolish a vacant building on their property and requested that the Building &Zoning department designate this as a dangerous building as defined by the Building Code. By doing so, the building would be exempt from any landmark preservation review requirements of the City for buildings in excess of 50 years old. The building has been vacant since the 1997 flood. Staff's position was that the building was not dangerous, although not habitable in its current condition. In a 3-2 vote, the Board found the building to be dangerous in its present condition based on the information that had been presented. There was some concern registered that this determination was difficult, if not impossible, to make without personally touring the building. • Xylem Design, Inc. —Appellant was requesting relief from the City's exiting requirements for a mixed-use development that was being proposed. The Code requires 44" for an exit corridor on multi-family construction and this building does not meet that requirement. However, the appellant presented alternative ways that the proposed project meets the intent of the Code with regarding to exiting requirements. In a 3-2 vote, the Board approved a less restrictive adherence to Section 310.4 and 1203.4.2 of the UBC regarding emergency egress. Conditions of the approval included 1) removing an 8" block depth along the rear of the building as a means of increasing egress access; 2) adjusting the lot line for the property owned by the appellant so that there would be an appropriate width between the proposed project and the adjacent property; 3) adding fixed rope ladders or a suitable substitute as designated by PFA; and 4) constructing the partial height wall separating the mezzanine level with the floor below at no more than 43 inches high. 4. ADMINISTRATIVE ITEMS: • Revised Board Bylaws. • Two Board members continued participation on the IRC Task Force convened to review the International Residential Code. This project is currently ongoing. The November, 2003 meeting was reserved entirely for public comment on the proposed Code changes, including changes and requirements associated with the energy code and radon. 5. OTHER: • Reviewed information on Radon Resistant Construction presented by the City's Natural Resources Department. No action was required. BYLAWS AND RULES OF PROCEDURE BUILDING REVIEW BOARD CITY OF FORT COLLINS, COLORADO ARTICLE I Section 1. These Bylaws and Rules of Procedure have been adopted by the Building Review Board. Any Bylaws or Rules of Procedure previously in effect are herewith superseded. Section 2. The official title of this Board shall be the Building Review Board of the City of Fort Collins, Colorado. ARTICLE II Section 1. Regular meetings of the Board shall be held on the last Thursday of each month at 1:00 p.m. Section 2. Special meetings may be called by the Chairperson of the Board at such other times as the Chairperson may determine, provided that written notice or notice by telephone of such meetings and for the subject matter of such meetings be given to each Board Member at least twenty-four(24) hours prior to the times set for such meetings; provided further that notice of any such meetings be filed with the City Clerk twenty-four (24) hours before the time of such meetings. A Board Member attending any meeting shall be deemed to have received the necessary notice of such meeting. Section 3. All meetings of the Board shall be held in a designated city facility or other such location after proper notice has been given as set forth in Article II, Section 2. Section 4. All meetings shall be open to the public. Section 5. A quorum of the Board shall consist of four regular members and no official action on any matter may be taken by the Board unless a quorum is present. Section 6. The order of business for all meetings shall be the order as it appears in the agenda except that the Chairperson may rearrange the order of business unless otherwise directed by a majority of the Board. Section 7. Any Board Member who has a personal or financial interest in any matter before the Board as set forth in the City Code, shall disqualify himself or herself from any consideration or discussion of such matter of or voting upon such matter. Any such disqualification shall be noted in the official minutes of the meeting and the affected Board Member shall file a Conflict of Interest Disclosure statement with the City Clerk. ARTICLE III Section 1. The Building Review Board shall be comprised of seven members. Section 2. At the first regular meeting in February or March, a Chairperson and Vice Chairperson shall be elected by majority vote of the Board. Bylaws and Rules of Procedure Building Review Board Page 2 Section 3. The Chairperson shall preside at all meetings of the Board. In the event of the absence of the Chairperson, the Vice Chairperson shall preside. In the absence of the Vice Chairperson, the Board Member present having the longest tenure on the Board shall preside. Section 4. A vacancy in the office of Chairperson shall be filled automatically by the Vice Chairperson and a new Vice Chairperson elected at the next regular meeting of the Board among the regular members. A vacancy in the office of Vice Chairperson shall be filled at the next regular meeting of the Board by election from among the regular members. The officers so elected shall serve until the next annual meeting. Section 5. The Chairperson, subject to these Bylaws and Rules of Procedure, shall decide all points of order or procedure, unless otherwise directed by a majority of the Board in i session at that time. Section 6, The Secretary of the Board shall be the Director of Building and Zoning Department who shall be a non-voting member of the Board. The Secretary shall keep official minutes of each Board meeting, shall conduct all official correspondence and generally supervise the clerical and technical work of the Board. ARTICLE IV Amendments These rules may be amended or modified by a majority vote of the Board, provided that such amendments be presented in writing and such action be taken thereon at a subsequent regular meeting, subject to the approval of the City Council. These Bylaws were approved unanimously by the Building Review Board on July 25, 2002. Charles Fielder, Bo6rd Chair Natural Resources Advisory Board — Eric Hamrick, Council Liaison —John Stokes, Staff Liaison Representatives — Nate Donovan, Chair — Linda Knowlton, Vice-Chair ♦ Brief(1-2 minutes) board representatives introduce themselves and present overview of board function/mission. Present any major concerns (if any) for Council to consider. ♦ Council questions/comments (10-12 minutes) concerning the responses on the Periodic Review Questionnaire. ♦ Brief(1-2 minutes) summary of Board or Council action needed(if any) Notes: RETURN COMPLETED QUESTIONNAIRE TO CITY CLERK BY: TUESDAY,JULY 6,2004 BOARDS AND COMMISSIONS PERIODIC REVIEW QUESTIONNAIRE DATE PREPARED: July 6, 2004 BOARD/COMMISSION NAME: Natural Resources Advisory Board (NRAB) LIST OF MEMBERS: Nate Donovan, Chairperson Linda Knowlton, Vice-chairperson Randy Fischer, Ryan Staychock, Clint Skutchan, Glen Colton, Gerald Hart, Joann Thomas, Rob Petterson 1. Are the current duties of the board, as defined by City Code, realistic? If not, what duties would you suggest be added and/or deleted? The duties of the NRAB, as defined by City Code, are realistic although broad in nature. Many activities carried out by City government and others within the City affect natural resources and the environment, and the Council needs advice on those impacts to help make sound policy decisions. The possibility of creating a new Open Lands Advisory Board to carry out the responsibilities of the Open Space, Yes! ordinance would allow the NRAB to advise Council on some issues other than land acquisitions that have not been adequately addressed in the recent past. 2. Is the board's workload (annual work plan) too much; too little; about right? Explain. The NRAB's workload can be heavy at times, with two Board meetings during most months and subcommittee meetings to prepare for and attend. The workload averages about 20 hours per month for members and 30 hours per month for the Chair. However, it is hoped that the creation of the Board mentioned above will help even out the workload. 3. Does the board effectively accomplish its annual work plan? The NRAB works very hard to accomplish its work plan which, like the duties of the Board, is broad. Approximately 90 percent of the Board's time is spent responding to Council agenda items and priorities, which often cannot be anticipated one year in advance. RETURN COMPLETED QUESTIONNAIRE TO CITY CLERK BY: TUESDAY,JULY 6,2004 4. Are board meetings conducted in an effective manner? What could be done to improve board meetings? Meetings of the NRAB are often lengthy due to the number of agenda items considered. The Board could do a better job of setting realistic goals for how much work can be accomplished in one meeting, delegating more work to committees, and making more efficient use of Board meeting time. The Board has discussed the possibility of creating consent agendas when possible. 5. Is the current size of the board appropriate? The members of the NRAB are unanimous in their view that the size of the Board is appropriate. A Board consisting of nine members gives an opportunity for various perspectives to be heard and considered, and is neither two small nor too large for effective deliberations. 6. Are communications between the board and Council effective? What could be done to improve these communications? The NRAB believes that communications between the Board and Council have been effective, both in number and substance of memoranda submitted to Council. The Board could improve these communications by giving recommendations further in advance of Council consideration of the issue in question. 7. Other comments: The members of the NRAB value the opportunity to provide advice to Council and are deeply committed to this role as "volunteer consultants." The Board believes that Council decisions are better informed when Boards and Commissions provide recommendations on Council agenda items, while realizing that one Board's perspective is just a part of the input Council receives on issues. Attachments: d City Code description of duties Current Work Plan d Current Annual Report f Current Bylaws DIVISION 22. NATURAL RESOURCES ADVISORY BOARD Sec. 2-306. Creation. There shall be and is hereby created a Natural Resources Advisory Board, hereafter referred to in this Division as the "board." (Ord. No. 158, 1986, § 16, 11-4-86) Sec. 2-307. Membership; term. (a) The board shall consist of nine (9) members appointed by the City Council. (b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the board, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months. (Ord. No. 158, 1986, § 16, 11-4-86; Ord. No. 18, 1991, 2-19-91; Ord. No. 92, 1992, § 14, 9-15- 92; Ord. No. 93, 2002, § 1, 7-16-02) Sec. 2-308. Functions. The board shall have the following functions: (1) To advise the City Council on all matters pertaining to natural resources and environmental protection issues of concern to the city; (2) To analyze various natural resources issues and to aid and guide the development of city- wide natural resources programs to address currently existing and potential natural resources and environmental issues; (3) To promote citizen participation and public education on city-wide natural resources and environmental protection issues; (4) To be aware of and coordinate with the various Department of Natural Resources' technical advisory committees; (5) To perform such other duties and functions and have such other powers as provided by the City Council. (Ord. No. 158, 1986, § 16, 11-4-86) Sec. 2-309. Officers; bylaws. The board shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the board, and the same may be subject to the approval of the City Council. (Ord. No. 158, 1986, § 16, 11-4-86; Ord. No. 104, 2002, § 1, 8-20-02) Sec. 2-310. Minutes; annual report; work plan. The board shall take and file minutes in accordance with the requirements of§ 2-73 of the Code. On or before January 31 of each year, the board shall file a report with the City Clerk setting forth the activities of the board for the previous year. On or before November 30 of each year, the board shall file a work plan with the City Clerk for the following year. (Ord. No. 158, 1986, § 16, 11-4-86; Ord. No. 79, 1988, § 13, 6-7-88; Ord. No. 92, 1992, § 14, 9- 15-92) Secs. 2-311-2-335. Reserved. 2004 WORK PLAN NATURAL RESOURCES ADVISORY BOARD CITY OF FORT COLLINS DATE: November 20, 2003 TO: Mayor and Council Members FROM: Randy Fischer on Behalf of the Natural Resources Advisory Board SUBJECT: NRAB 2004 Work Plan This memorandum presents the Natural Resources Advisory Board's (NRAB's) work plan for the year 2004. We developed this work plan at our November 5, 2003, NRAB meeting during which we identified the issues we believe are central to the environmental health and sustainability of our community. This plan for 2004 reflects our commitment to provide Council with sound advice on these issues throughout the coming year. This work plan identifies items and issues that are scheduled or that we anticipate will be considered by the NRAB during the year 2004, either by the full Board or by Board subcommittees. Other, unforeseen issues will be addressed by the Board as they are brought before us by Council or Staff. The work plan informs Council of the board's future agenda items, and will be relied upon throughout the year by the NRAB for our own planning purposes. To the extent practicable, the timing of our consideration of these items will closely parallel Council's schedule, as many of the items and issues identified in this work plan are also contained in City Council's Policy Agenda. General actions that we anticipate will be taken by the NRAB in 2004 include the following: • Reviewing City policies and plans for consistency with the community's environmental goals and values through regular meetings and subcommittee meetings; • Coordinating activities with other City Boards and Commissions, such as the Parks and Recreation, Air Quality, Electric, and Transportation Advisory Boards, and with Larimer County's Environmental Advisory Board; • Continue providing feedback to Staff by participating in task forces and special committees to address specific policies, plans or regulations; • Developing recommendations to Council through Board discussion and consensus; NRAB 2004 WORK PLAN • Communicating our recommendations to Council through written memoranda and attendance at Council meetings, hearings, and study sessions. Specific items and issues that we expect to consider in the upcoming year are presented on the attached pages. We look forward to a productive year of volunteer service to Council, the citizens of Fort Collins, and the environment. As always, please feel free to contact us with any comments or questions regarding our work plan for 2004. Sincerely, Randy Fischer, Chair Natural Resources Advisory Board 226-5383 cc: John Fischbach, City Manager John Stokes, Director, Natural Resources Department NRAB 2004 Work Plan 2 November 20,2003 NRAB 2004 WORK PLAN ANTICIPATED NRAB ACTION ITEMS DURING 2004 Administrative Issues 1. Biennial Budget Process for Fiscal Years 2004/2005 — Review and comment, including the 2005 budget exceptions process; 2. Council's Policy Agenda - Monitor for natural resources and environmental issues; 3. City-Wide Capital Projects Inventory — Participate in discussion on environmental priorities, cost of growth issues, funding sources, project siting issues, and environmental impacts of new projects; 4. City-Wide Sustainability Management System — Provide input, now scheduled for 2004 and ongoing. City Plan Implementation and Land Use Planning 1. Natural Areas and Open Space — Review and comment on natural areas and other open space acquisitions, management, monitoring, and restoration issues; review and comment on Cooper Slough and northeast area land conservation, Poudre River corridor, foothills areas, buffers, etc.; 2. Natural Areas Policy Plan — Continue working with staff on the planned update of this plan; 3. Community Separators - Actively participate in the adoption and implementation of true community separators between Fort Collins, Timnath, Windsor, and We►lington and continue to enhance the Fort Collins/Loveland separator; 4. Easements - Update and monitor the implementation of the new natural areas easement policy and continue monitoring requests for easements on City-owned natural areas; monitor and provide input on conservation easements on City projects with GOCO funding; 5. Agricultural Land Conservation Policies — Review and comment on land conservation strategies outside the GMA, Larimer County Open Lands, Agriculture Advisory Board, surplus raw water rental policy; NRAB 2004 Work Plan 3 November 20,2003 NRAB 2004 WORK PLAN 6. F000dplain Protection and Stormwater Issues — Review and comment on environmental, floodplain, and stormwater aspects of development and neighborhood and subarea plans; 7. Downtown and River Corridor - Participate in the implementation of the Downtown River Corridor Plan and the Downtown Strategic Plan, including design of natural areas enhancements and other projects with potential natural resources or environmental impacts; 8. Regional Planning — Monitor, review and comment on regional planning activities, such as community separator projects, GOCO Legacy Project implementation, intergovernmental agreements with Larimer County, implementation of the 1-25 Regional Corridor Plan; 9. Growth Management - Review and comment on growth management issues, including cost of growth study, transfer of development rights, urban growth area boundaries, annexation plans and policies, fiscal and environmental impact model, development impact fees, community separators; 10.Park Planning and Development — Review and comment on Southwest Community Park preliminary design and public process, trails master plan and trail placement issues, environmental aspects of trails and park design, and dog park issues. Transportation Planning 1. Vehicle Miles Traveled (VMT) — Monitor and evaluate reduction strategies as a means of protecting air quality and other environmental impacts of growth; 2. Land Use, Transportation, and Air Quality (LUTRAQ) Committees - Monitor the natural resources and environmental aspects; 3. Metropolitan Planning Organization - Monitor and provide input and advice to Council on regional transportation proposals. Environmental Protection, Health, and Safety 1. Solid Waste Reduction - Monitor and revisit solid waste reduction policies, with particular emphasis on enhancing the variable trash rate program (pay-as-you-throw) and reducing consumption and waste generation; solid waste diversion goals, landfill and recycling center management issues, County recycling center expansion, trash districting reevaluation, construction and demolition waste recycling pilot demonstration; environmental and natural resource education; NRAB 2004 Work Plan 4 November 20,2003 NRAB 2004 WORK PLAN 2. Water Quality Monitoring and Reporting - Review and comment on policies affecting water quality protection, monitoring, and reporting; storm water runoff quality monitoring, storm water design criteria, best management practices, impacts of development on runoff quality and raw water supplies, Big Thompson Watershed Forum, baseline water quality data from major urban streams (Mountain Vista area, for example), monitoring and reporting of water quality in Fossil Creek, Spring Creek, and the Poudre River; 3. Air Quality - Review and comment on air quality policies, including greenhouse gas reduction, Cities for Climate Protection - Climatewise Program and business outreach, number and location of air quality monitoring stations, Air Quality Action Plan, indoor air quality, radon ordinance review, LUTRAQ ongoing efforts; 4. New Development Review and Compliance - Monitoring and follow- through of new development review and compliance with natural resource protection requirements; 5. Hazardous Wastes and Pollution Prevention — Review and comment on hazardous waste, pollution prevention, and remediation programs; internal City audits and internal environmental management systems, community outreach and education, and brownfields pilot project in the downtown river corridor. City Utilities Projects 1. Water Supply Policy - Review and provide input on the update of the City's Water Supply Policy, including water demand-side management, additional storage proposals, water rate policy, issues related to special districts; 2. Electric Supply Policy - Provide input and advice to Council on the update of the City's Electric Policy; 3. Poudre River Master Drainage Plan — Potential impacts on river natural areas and features; 4. Other Projects to be identified. NRAB 2004 Work Plan 5 November 20,2003 2003 ANNUAL REPORT CITY OF FORT COLLINS NATURAL RESOURCES ADVISORY BOARD DATE: March 3, 2004 TO: Mayor and Council Members FROM: Nate Donovan on Behalf of the Natural Resources Advisory Board The Natural Resources Advisory Board (NRAB) is pleased to present its 2003 Annual Report to City Council. During 2003, the NRAB has worked diligently to fulfill its responsibilities as advisors to City Council on a broad range of environmental issues. The majority of our work this year has been aimed at addressing issues on Council's Policy Agenda or has been in response to issues brought to us by City staff. In some instances, citizens or Board members have brought issues to the attention of the NRAB. During 2003, the NRAB submitted 15 memoranda to Council conveying its recommendations for Council action or support for the following issues: 1. Proposed Electric Energy Supply Policy 2. Recommendation on City Plan Characteristics 3. Community Separator Study 4. Resolution of Appreciation for Michelle Pawar 5. Timberline Road Improvements 6. Minor Changes to the Natural Area Regulations 7. Acceptance of a Land Donation 8. I-25 Subarea Plan 9. Water Supply& Demand Management Policy 10. Revisions to Pay-As-You-Throw 11. Residential Building Code & Indoor Air Quality 12. City Plan Update 13. Transportation Master Plan 14. Council Policy Agenda 15. NRAB 2004 Work Plan Other actions taken and issues discussed by the NRAB in 2003 include the following topics: Electric Energy Supply Policy City Plan Update Radon Mitigation in New Construction Pleasant Valley Waterline Mason Street Corridor NRAB Annual Report for 2003 Page 1 of 3 2003 NRAB ANNUAL REPORT Riverbend Ponds Utility Easement Natural Resource Buffers Natural Areas Policy Plan Update Indian Creek IGA Fossil Creek Reservoir Regional Open Space Floodplain&Basin Master Plan West Nile Virus Fossil Creek Wetlands—Easement Community Separators Sustainability Inventory Boxelder Creek & Cooper Slouth Master Drainage Plans I-25 Subarea Plan Transportation Master Plan Water Supply&Demand Management Update Electric Conservation Strategic Plan Update Land Use Code Revisions Timberline Road Extension Natural Areas Master Plan Pay-As-You-Throw Halligan Reservoir Expansion Options Sustainability Management System (SMS) Implementation Mid Point Storage Drainage Easement Windsor/Johnstown Revenue Sharing Mountain Vista Subarea Plan Land Acquisitions and Conservation Easements Supported City grants of conservation easements to obtain GOCO grant funds During 2003, the NRAB convened 12 regular meetings, 2 special meetings, and 6 work sessions. Board members also devoted many hours to addressing issues and formulating recommendations as part of seven subcommittees. The NRAB's standing committees include: natural areas, trails, solid waste, education, budget, growth management, and futures committees. In addition, NRAB members served as representatives on various City-wide task forces and committees, including the following: • West Nile Virus Task Force; • Citizen Advisory Committee for the 5-year City Plan Update; • Buffer Standards working group. In January 2003, Randy Fischer and Nate Donovan were elected Chair and Vice-Chair of the NRAB respectively, and served in these capacities throughout the year. In 2003, Don Rodriguez, Steve Ryder, Sam Otero and Phil Murphy resigned from the Board. Kelly Ohlson retired from the NRAB Annual Report for 2003 Page 2 of 3 2003 NRAB ANNUAL REPORT Board after serving two terms. Of particular note, Don served nearly six years, Kelly served 8 %2 years, and Phil served nearly ten years on the Board. The Board is thankful for their many contributions and institutional memory. In 2003, the Board welcomed Ryan Staychock, Clint Skutchan, Joann Thomas, Gerald Hart, and Glen Colton as newly appointed Board members. The NRAB looks forward to serving the citizens and City Council in the year 2004. Thank you for the opportunity to make such contributions to the community. Respectfully submitted, Nate Donovan, Chair Natural Resources Advisory Board cc: John Fischbach Greg Byme John Stokes NRAB Annual Report for 2003 Page 3 of 3 BYLAWS OF THE NATURAL RESOURCES ADVISORY BOARD CITY OF FORT COLLINS, COLORADO ARTICLE I Name and Organization Section 1. The name of the board is the Natural Resources Advisory Board. ARTICLE II Object and Functions Section 1. The object of this board is to be advisory to the City Council of Fort Collins, Colorado. It's functions include: a. To advise the Council on all matters pertaining to natural resources and environmental protection and management issues of concern to the City. b. To analyze various natural resources issues and to aid and guide the development of city-wide natural resources programs to address currently existing and potential natural resources and environmental issues. C. To promote citizen participation and public education on city-wide natural resources and environmental protection and management issues. d. To be aware of and coordinate with the various Natural Resources Division technical advisory committees. e. To perform such other duties and functions and have such other powers as provided by the Council. ARTICLE III Board Composition Section 1. The voting membership of the Board consists of nine members who served staggered terms of four years without compensation. Each member shall have one vote. Section 2. The Board shall elect in August or September from its membership a chair and a vice-chair each elected for a term of one year. There shall be no limitation on the number of terms the chair or vice-chair may serve. A secretary shall be provided by the Natural Resources Division. Section 3. Election of the chair and vice-chair shall be by simple majority of the members present at a regularly scheduled meeting of the Board. CADocuments and Settings\ksmith\Local Settings\Temp\BYLAWS OF THE NRAB.doc Section 4. In the event that the chair does not serve out his/her entire term, the vice-chair shall serve until a new chair is elected or until the term is completed. In the event of the position of vice-chair becoming vacant, a new vice-chair shall be elected to serve the remainder of the term. Section 5. The staff of the Natural Resources Division and the City Attorney shall support staff to the Board. ARTICLE IV Rules of Operation Section 1. The Board shall adopt a set of bylaws to guide its operation. Section 2. Robert's Rules of Order, latest edition, shall govern the parliamentary procedure of the Board. Section 3. The Board shall operate according to the Boards and Commissions Manual issued by the City Clerk's office. Section 4. A quorum shall consist of five members present at a regular or special meeting of the Board. Section 5. The agenda for all regular meetings shall include the following: Call to order Roll Call Approval of minutes Reports of committees Staff reports Unfinished business New Business Announcements Adjournment The order of agenda items is at the discretion of the Chair. ARTICLE V Meetings Section 1. The Board meets regularly on the first Wednesday of each month, at 7:00 p.m. Section 2. Special meetings of the Board may be called at the discretion of the chair. Notice of all meetings shall be posted and distributed in accordance with City policy and applicable law. Section 3. Agenda for meetings of the Board shall be prepared by the Natural Resources Division staff in consultation with the chair. CADocuments and Settings\ksmilh\Local Settings\Temp\BYLAWS OF THE NRAB.doc Section 4. An agenda for regular meetings of the Board, together with related papers, should be delivered to each Board member by the Friday preceding the following Wednesday meeting. Agenda for special meetings should be delivered to each Board member at the earliest possible date. Section 5. The Board may hold work sessions on the third Wednesday of the month as needed for information gathering purposes only. A quorum need not be present at work sessions. Minutes of work sessions will not be taken. Notice of work sessions will be posted according to City policy and applicable law. ARTICLE VI General Responsibilities Section 1. The Natural Resources Advisory Board is advisory to the City Council. It does not function in a policy-setting or decision-making role except to the extent authorized by the City Council. Section 2. Attendance policy, openings, and reappointments a. The Council-established attendance policy states that an appointment may automatically be terminated if(a)Three consecutive absences (not approved by the Chairperson)from regularly scheduled meetings occur or: (b) Four absences (not approved by the chairperson)from regularly scheduled meetings occur in any calendar year. b. If a member is absent from more than 25 percent of the regularly scheduled meetings during any calendar year, whether or not the absences are excused, the chair will discuss the absences with that member. After the discussion, if the attendance problem cannot be resolved, the chair may notify Council of that member's absences and ask that Council remove that member from the Board and fill the resulting vacancy. C. The process for resigning from the Board shall be as follows: The resigning member shall send a letter of resignation to the City Council with a copy to the Natural Resources Division. ARTICLE VII Duties of Officers and Staff Secretary Section 1. The chair shall: a. Preside over all meetings of the Board. b. Assure that Robert's Rules of Order and City Policy are adhered to at all meetings. C. Provide consultation in preparation of meeting agenda. GADocuments and Settings\ksnnith\Local Settings\Tennp\BYLAWS OF THE NRAB.doc d. Appoint committees as provided for by Article XI of these bylaws and to appoint such other committees as he/she deems necessary to carry out the functions of the Board. e. Review all minutes prior to their distribution to the members. f. Serve as spokesperson to City Council or appoint another qualified person to serve in this capacity. Section 2. The Vice-chair shall: a. Assume the duties of the chair in his/her absence. b. Assist in preparation of the agenda as needed. C. Carry out other duties as assigned by the Chair. Section 3. The secretary shall: a. Keep formal minutes of each meeting and maintain them as a part of the permanent files. Minutes shall show how each member voted in recording action taken by the Board on all matters on which there is not unanimous agreement. b. Maintain the files in the offices of the Natural Resources Division. A copy of such files will be maintained by the City Council at City Hall. C. Be custodian of all records of membership. d. Transmit reports as required by the chair. e. Transmit minutes and notices of meeting to all members of the Board. ARTICLE VIII Public Participation Section 1. All meetings of the Natural Resources Advisory Board shall be public meetings open to the public at all times according to City policy and applicable law. ARTICLE IX Relations with City Council Section 1. Minutes of all meetings of the Board shall be distributed to the City Manager's office, the City Clerk and Council members according to City guidelines. Section 2. The Board will communicate its recommendations directly to City Council. CADocuments and Settings\ksnnith\Local Settings\Temp\BYLAWS OF THE NRAB.doc ARTICLE X Goals and Objectives and Evaluation of Accomplishments Section 1. The Board will adopt annually a statement of goals and objectives, and at the end of each year, evaluate its past year's work. ARTICLE XI Standing Committees Section 1. The Board shall organize into the following standing committees and other committees established as desirable. a. Education b. Hazardous Materials C. Land UseNVildlife d. Recycling/Solid Waste e. Transportation f. Water Section 2. Each standing committee shall report its recommendations to the Board. ARTICLE XII Amendments Section 1. These By-Laws may be amended in any of the following ways: (a) by a two- thirds vote, (b) by a majority vote provided that notice of intent to make the motion to amend, stating the complete substance of the proposed amendment, has been given at the previous meeting or in the call of the present meeting, or (c) by a vote of a majority of the entire membership. To the extent permitted by law, any of the foregoing By-Laws may be temporarily suspended, or a specified period of time, by a unanimous vote of all members present at any meeting, and the vote on each suspension shall be taken by yeas and nays and entered in the official record. Adopted: November 6, 1985 Revised: July 1, 1992 C:\Documents and Settings\ksmiftLocal Settings\Temp\BYLAWS OF THE NRAB.doc Telecommunications Board — Kurt Kastein, Council Liaison —Liz Stroh, Staff Liaison Representatives — Curt Cramer, Co-Vice-Chair — Herb Saperstone, Co-Vice-Chair ♦ Brief(1-2 minutes)board representatives introduce themselves and present overview of board f inction/mission. Present any major concerns (if any) for Council to consider. ♦ Council questions/comments (10-12 minutes) concerning the responses on the Periodic Review Questionnaire. ♦ Brief(1-2 minutes) summary of Board or Council action needed (if any) Notes: RETURN COMPLETED QUESTIONNAIRE TO CITY CLERK BY: TUESDAY,JULY 6,2004 BOARDS AND COMMISSIONS PERIODIC REVIEW QUESTIONNAIRE DATE PREPARED: July 8, 2004 BOARD/COMMISSION NAME: Telecommunications Advisory Board LIST OF MEMBERS: Curtis Cramer, Chairperson Lawrence Bontempo David Heiberg Jonathan Cushman Robert Reichenberger Herb Saperstone Tim Tillson 1. Are the current duties of the board, as defined by City Code, realistic? If not, what duties would you suggest be added and/or deleted? Board members agree that the duties are realistic. A member suggests that an additional focus on bringing more telecommunications services to Fort Collins would be beneficial to the residents because of anticipated reduced prices, and diverse service options. 2. Is the board's workload (annual work plan) too much; too little; about right? Explain. Some members of the board agree that the workplan is attainable, and that additional items could be added that would take more advantage of the expertise of Board members. The additional workload due to the current Cable TV franchise negotiations has put some of the items on hold. Workload outside of the meetings (I.E. reading and review of minutes) seems very reasonable 3. Does the board effectively accomplish its annual work plan? In general, the Board members agree that the work plan is accomplished effectively. A good suggestion was made that reviewing the workplan more often would help stay on target. There is some interest in expanding the work plan, specifically efforts to draw more telecommunications providers to provide service to Fort Collins. RETURN COMPLETED QUESTIONNAIRE TO CITY CLERK BY: TUESDAY,JULY 6,2004 4. Are board meetings conducted in an effective manner? What could be done to improve board meetings? Board members agree that the meetings are conducted effectively, with appropriate amount of time given for the agenda. A suggestion was made to create ad hoc subcommittees to deal with particular topics, which would continue to keep the meeting length appropriate, yet provide opportunity for additional consideration and discussion of more complex topics. 5. Is the current size of the board appropriate? The size of the Board allows diverse expertise and view points to be represented. The attendance is good from current members and results in appropriate participation and a good exchange of ideas and opionions. 6. Are communications between the board and Council effective? What could be done to improve these communications? All the board members that responded indicated a desire to meet more frequently with the Council Liaison. Currently the Board meeting schedule conflicts with Council meetings. In addition to changing the regular meeting day, Board members suggest that they would be willing to attend additional meetings or occasional meetings on a different day. 7. Other comments: Board members suggest finding ways to get more feedback from residents on telecommunicaitns issues and services. The Board also is appreciative of the support given them from City Council as they work on Cable TV franchise issues and recommendations. Attachments: f City Code description of duties d Current Work Plan Current Annual Report ✓ Current Bylaws DIVISION 31. TELECOMMUNICATIONS BOARD± toot See. 2-418. Creation. to There shall be and is hereby created a Telecommunications Board, hereafter referred to in this Division as the "board." (Ord. No. 78, 1987, § 3, 5-19-87; Ord. No. 9, 1996, §§ 1, 4, 2-20-96) See. 2-419. Membership; term. mot (a) The board shall consist of seven(7) members appointed by the City Council. (b) Each member shall serve without compensation for a term of four(4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the board, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a"term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty- four(24) months. (Ord. No. 78, 1987, § 3, 5-19-87; Ord. No. 92, 1992, § 3, 9-15-92; Ord. No. 9, 1996, §§ 2, 4, 2-20-96; Ord. No. 93, 2002, § 1, 7-16-02) See. 2-420. Function. LOW The board shall advise the City Council on all telecommunications related issues, including but not limited to cable television and telephony. (Ord. No. 78, 1987, § 3, 5-19-87; Ord. No. 9, 1996, §§ 3, 4, 2-20-96) Sec. 2-421. Officers; bylaws. The board shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the board, and the same may be subject to the approval of the City Council. (Ord. No. 78, 1987, § 3, 5-19-87; Ord. No. 9, 1996, § 4, 2-20-96; Ord. No. 104, 2002, § 1, 8- 20-02) See. 2-422. Minutes; annual report; work plan. tW The board shall take and file minutes in accordance with the requirements of§ 2-73 of the Code. On or before January 31 of each year, the board shall file a report with the City Clerk setting forth the activities of the board for the previous year. On or before November 30 of each year,the board shall file a work plan with the City Clerk for the following year. (Ord. No. 78, 1987, § 3, 5-19-87; Ord. No. 79, 1988, § 3, 6-7-88; Ord. No. 92, 1992, § 3, 9- 15-92; Ord. No. 9, 1996, § 4, 2-20-96) f TELECOMMUNICATIONS BOARD ANNUAL WORKPLAN 2004 z The Telecommunications Advisory Board will focus on the following topics, issues and activities for 2003 ♦ Participate in the Cable TV Franchise renewal process. . ♦ Investigate and monitor equity and access issues regarding the availability of telecommunications services to all Fort Collins residents. ♦ Monitor State and Federal legislation related to Telecommunications. + Respond to ad hoc issues that may arise due to rapid changes that are typical of the telecommunications industry, focusing in those areas that may have impact to the Fort Collins community. ♦ Monitor services offered by ComCast Cable Corporation. ♦ Review other community's issues and communicate with telecommunications boards in other cities. ♦ Schedule meetings with the City Council Liaison on an as-needed basis. ♦ Keep abreast of the latest technology in broadband and other telecommunications services for the benefit of Fort Collins' citizens ♦ Schedule meetings with telecommunications providers and other regulatory agencies to present relevant information to Board on quarterly or biannual basis ♦ Schedule meetings with large users of telecommunications services, including Poudre Valley Hospital, Colorado State University, Poudre School District, etc. ♦ Research telecommunications providers in Fort Collins, determine what services are offered by each, and develop criteria to evaluate competitive influence in the market place. ♦ Review information on City's web site and determine what additional information (within the context of City Policies) could be posted to help citizens with telecommunications issues or questions. S Telecommunications Board 2003 Annual Report The Telecommunications Board met 9 times during 2003-_ e Board continued the practice of inviting various vendors and members a telecommunications community to share information and discuss issues. ,:. v- anus The Board heard from Stan ReifWiheider of C6Fg4pst. Stan explained the schedule and plans for char g the domain name -the attbi.com Internet service.. The new dom name is Comcast.net.�Ily the switch was to take place over a 2 month p ad. Thdzg ard suggested'a longer transition period, which was later implement L-Tli" and members also discussed concerns over changexat will resin" '".part of the AT&T Broad ba nd/Comcast merger. Februa Platte RiveL-Rower Aufffi city �t_tlaeuu W ruary meeting where the board heard info tioii ut they ffiunity infemet access network. Dr. Patrick Burns froalf, lorado Yte Univ city discussed the activities of higher education as rel-agd_to the de Fivery of a&TAbced telecommunications infrastructure and s4eimiceslt�49bonslitt4ks. He discussed the National Light Rail projeeks rational"` im I network- structure being explored by higher educa th t`wdUId ruri"&i he terabit speed range. He also discussed other activitm that CSU t"irect volved in along the Front Range including the Fort Colliro �ommunity Nark arxd�the Front Range Gigapop. Dr. Burns contends that capkcity needs are1. kowing�by a factor of 25-30 every three years (5-7 times more than4bat the incurrsbents can supply). The discussion included CSU's use of the Intemef,.Lwireless pabilities, and voice over IP. Bruce Reynoldsw6f,.B—to River Power discussed his recent trip to Provo to see their "Fiber to the Home Project". This project is being funded by the City of Provo and supplies Internet access, cable TV, telephony, and other services to the community. ril: David Bonsett from PSD provided the Board with an update on telecommunications activities at the school district. He reported that a new high school and new elementary school are in construction, with plans to put them on the District's fiber network. He also talked about the addition of technology Telecommunications Board 2003 Annual Report Page t classes to the high school curriculum. The telecommunications technology has also allowed the District to accommodate different learning methods of students. There is currently a "virtual" high school where kids can get class content via the Internet. Mr. Bonsett also informed the board of plans to shift to Voice over Internet Protocol (VoIP) to use the network for some of their voice traffic instead of lines from Qwest. Ma : Bruce Smith, Director of the PUC provided the Boar. with information about various telecommunications issues. His first topie�palt with an FCC rulemaking that deals with unbundled network elemenQRYNEs). On December 12, 2001, the Commission initiated a rulemaking tia,=- ia-ffiie the Commission's policies on unbundled network elements (UNEssLThe rulerffOng solicited information about how local exchange carries r�vide accesgid competitors. Another topic was access charge reform. =pg distance compan .are demanding that charges for intrastate aoii s be modi%gd to be more�uitable. Currently, the Colorado PUC has denied tfrequestnolorado has aTirm price cap of$14 on residential service. The price Es rtififfilly low, and the actual cost is probably closer to $21 per motAtv..The Legisf will handle the inter-carrier compensation issues. Mr SmithW--6 'efed the Ba. about phone number portability and the growth of wireles&servr _Voice rimer IP (VoIP) is also a topic of interest to the PUC. Mr. Smi t beli �Qe if ses telephone switching network, that it is, in f ne se Ni ti sh25Ufr, be regulated. He noted that more research-��Woti tion ab ow the systems work is needed. There are also Et issues rds3ed to VWP. une: �..tn June- `ast iepre @,tive Stan Reifschneider provided an updat "Wfctln�_ c ctivities, specifically regarding the transition from ""C AT omcast 6` mcds-&,ompleted a strong branding effort in the metro area with the goal to' eemphWZe Comcast's core business of video services, and malt the commitrnt to customer focus. New technologies will be coming that include— DTV (Hig Definition Television), video on demand, Also at the Jun*7Neelffig a citizen addressed the Board, suggesting that the City take the lead in cor3`r�t"mating various utilities that are burying cable. The comments were prompted by his desire to wire his neighborhood for high speed internet access. u ust: In August, the Board heard from Edie Ortega, of Qwest Communications. Qwest is discussing a partnership that would lead to an entry into the video market, and is in discussions with Sprint to move toward a national presence in the wireless sector. These initiatives are part of the company's goal to expand services, as demonstrated by the recent entry into the long distance Telecommunications Board 2003 Annual Report Page 2 telephone service. Ms. Ortega also responded to Board's questions about deployment of advanced services versus universal services. The biggest factor is the ability to recover costs. Qwest has upgraded central offices to be more prepared to roll out services when the demand meets a cost recovery formula. Other issues that will be on the Public Utilities Commission agenda include Voice over IP and the use of the public switched network to provide those services. Qwest is concerned about competitive advantage some companies have if they aren't regulated in a similar manner. Rates have been bad&�on technology, not service, in the past, and there may be some efforts in th@Uure to change the regulatory structure. ctober: Representatives from Comcast yjWd the Boa ain in October. The local technical operations manager, Da-W: tepisnik, describe'" new method Comcast used in August to handt'gi a high number of cones requests from the university student population. In serge off rger apartme� complexes, Comcast set up a remote conn6 eir computer system and hired contractors so customers G k1,register and1lave their cable hooked up on the same day. Also in 2004, Cortst` s to later a high definition TV product. Tests have yet to be cor*ete scut Co—lffir—mlo verify adequate bandwidth for a similar service here-NMarke atiormndicates that High Definition is a product- ; tomerdWza Also in October, provide e Boari]yith information regarding the upcoming franchlsaaenewal_fficess. Decer[ika l '`=The.Dec�Ynber meeting was dedicated to discussion about the franditSt renewal adttvities-�d upcoming work session with City Council. Telecommunications Board 2003 Annual Report Page 3 BYLAWS OF THE TELECOMMUNICATIONS BOARD CITY OF FORT COLLINS, COLORADO ARTICLE I. INTRODUCTION Section 1. Creation and Name. This Board was created by the Council of the City of Fort Collins and is named the Telecommunications Board ARTICLE II. BOARD FUNCTION AND OBJECTIVES Section 1. Function. The function of the Telecommunications Board is to advise the Council of the City of Fort Collins with regard to all telecommunications related issues including,but not limited to, cable television and telephony issues. Section 2. Objectives. The Board's objectives include the following: A. Reviewing proposed ordinances, regulations, policies, and proposals related to telecommunications, and advising staff and City Council from both a community and technical perspective. B. Facilitating communications and cooperation between and among the citizens of Fort Collins, Northern Colorado local governments, telecommunications providers, and the City of Fort Collins on an ongoing basis. C. Providing advice to City Staff and City Council concerning cable TV franchises and concerning optimal use of the City's cable TV system: D. Encouraging broader utilization and application of telecommunications services in the community E. Developing community involvement and access to telecommunications infrastructure and services. F. Monitor issues related to emerging telecommunications technologies and inform City Council of potential community impacts or opportunities. ARTICLE III. BOARD COMPOSITION AND MEMBERSHIP Section 1. Members of the Board. The Board shall consist of seven (7) members appointed by City Council. Revised September, 01 1 Section 2. Term of Office. Each member of the Board shall serve, without compensation, for a term of four(4) years. The appointments shall be staggered so as to achieve overlapping tenure. All members shall be subject to removal by City Council. No person may serve on the board for more than eight(8) consecutive years (two complete terms). If a member is appointed to fill an unexpired term, that unexpired term shall not be counted as a complete term. ARTICLE IV. OFFICERS AND THEIR DUTIES Section 1. Officers. The Board shall elect a Chairperson and a Vice-Chairperson from its membership and other officers, as needed, each to serve a one(1) year tern. Elections should be held each year during the regular meeting in February or March. The staff liaison shall serve as Secretary of the Board Section 2 Duties of Chairperson. The Chairperson shall preside at all regular, special and executive session meetings of the Board and shall, subject to these Bylaws, decide all points of procedure unless otherwise directed by a majority of the Board members present at that meeting; and shall work with City staff in communicating with the Council liaison and City Council. Section 3. Duties of Vice Chairperson. The Vice-Chairperson shall assume the duties of the Chairperson upon his or her absence or disability, or if the Chairperson is unable to preside over a Board meeting for any reason. Section 4. Duties of the Board Secretary. The Board Secretary shall be responsible for the recording and preparation of the minutes of each meeting. Five copies of these minutes shall be submitted to the City Clerk's Office (1) and the City Manager's Office(4). The Board Secretary, with the Board's direction, shall also prepare the Board's annual report and work plan. The Board Secretary, subject to the direction of the Board and the Chairperson, shall prepare or have prepared all correspondence of the Board; receive and file all matters referred to the Board; prepare and send out all notices required by law and these Bylaws; assist the Board in complying with these Bylaws; retain in the records the original papers acted upon by the Board; post public notice for all open meetings as required by the City Code; and perform such other duties as may be requested by the board. ARTICLE V. MEETINGS Section 1. Regular Meetings. Regular meetings of the Board will be held on a monthly basis. The meetings will be held monthly on a certain day of the week as determined by the sitting Board. An agenda shall be mailed out to each Board member prior to the next Board meeting, which agenda shall be prepared by the Secretary in consultation with the Board Chairperson Revised September, 01 2 Section 2. Special Meetings. Special meetings may be called by the Board Secretary at the request of four(4) Board members, provided that notice of the same, including a list of all items to be considered shall be delivered to each Board member at least forty-eight(48) hours prior to The time set for such meeting; and, provided further that the public notice provisions provided by City Code Section 2-72 are satisfied. Formal action taken at a special meeting called in accordance with this section shall be considered as though it were taken in a regular meeting provided, however, that such formal action may be taken only with respect to those matters referred to in the request for the special meeting. Section 3. Establishing a Ouorum. All regular, special and executive session meetings of the Board must be attended by at least four(4) members of the Board to constitute a quorum before official and formal action can be taken on any matter. In the event that there are fewer than four (4) members present to constitute a quorum, the members present shall adjourn the meeting. Section 4. Votine. All appointed members are voting members of the Board. Minutes of the Board meetings shall indicate how each member has voted in recording action taken by the Board. Section S. Attendance Policy. A Board member's appointment will automatically be terminated if: A. "three consecutive absences from regularly scheduled meetings of the board, if, prior to the meetings where the absences occurred, no written notification of any such absence has been submitted to the staff liaison or the chair or, if the chair is the person experiencing the attendance problems, then to the vice chair." B. "four absences (from regularly scheduled meetings of the Board in any calendar year, without written notification to the staff liaison or the chair or, if the chair is the person experiencing the attendance problems, then to the vice chair". Section 6. Rules of Order. Except as provided in the City Code and Charter and these bylaws, the latest edition of Robert's Rules of Order shall, as far as practical, govern the parliamentary procedures of the Board. Section 7. Public Participation. All meetings of this Board, except those meetings held in executive session in accordance with City Code Section 2-71(a), shall be public meetings and shall be held in compliance with all applicable provisions of the City Code Sections 2-71 and 2- 74. Section 8. Minutes. The Secretary of the Board shall keep or cause to be kept minutes showing all substantive facts pertaining to each Board meeting and each vote and such other details as the Board or the Chairperson shall direct. In preparing such minutes, the Secretary shall highlight in bold in the minutes any recommendations made by the majority of the Board Revised September, 01 3 and any actions taken or established by a majority of the Board. Minutes of each meeting shall be approved by the Board at the next regular meeting as required by City Code section 2-73 and 2-422 ARTICLE VI. RELATIONS WITH CITY COUNCIL LIAISON AND COUNCIL. Section 1. Council Liaison. Each board and commission of the City of Fort Collins has assigned to it a City Council member as a Council Liaison. The Board's Council Liaison is the first point of contact between the Board and the City Council. The Chairperson of the Board will serve as the Board's representative for official Board communications with the Board's Council Liaison. This will in no way preclude other Board members from directly contacting the Board's Council Liaison on matters of concern. Section 2. Council. When the Board makes recommendations to the Council which require Council action, the Board shall work with City staff to supply the Council with the needed background information and a written recommendation. ARTICLE VII. COMMITTEES Section 1. Appointment. The Chairperson may, from time to time, create such ad-hoc committees as he or she deems appropriate for special study or review. The Chairperson shall appoint the ad-hoc committee members and a committee chairperson from members of the Board. Ad-hoc committees shall be dissolved by the Chairperson upon completion of the assigned task including submittal of any reports which may have been requested. Section 2. Committee Meetings. All meetings of committees of the Board shall comply with all notice provisions of City Code Sections 2-71 and 2-74. ARTICLE VIII. AMENDMENTS Section 1. Bylaw Amendments. These Bylaws may be amended by a majority vote of a quorum of the Board members present at any regular meeting provided that notice in writing of such proposed amendment to these Bylaws has been given to each Board member at least ten(10) days prior to such meeting and provided that such amendment was read at the last preceding regular meeting of the Board. Section 2. Suspension of Bylaws. Any of the provisions of these Bylaws, except those established and required by the City Code and Charter, may be suspended at any regular or special meeting by a majority vote of a quorum of the Board members present at such meeting. Such suspension shall only be effective during the meeting in which the suspension was Revised September, 01 4 approved. ARTICLE IX. MISSION STATEMENT, ANNUAL REPORT AND WORKPLAN Section 1. Mission Statement. The Board shall adopt a mission statement and goals and review them annually to determine whether they need to be modified in any way. Section 2. Annual Report. The Board, in accordance with City Code Section 2-422, shall prepare and file with the City Clerk on or before January 315`of each year the Board's annual report setting forth the activities of the Board for the previous year. In addition, in such annual report the Board shall report the accomplishment of its goals or its failure to do so. Such annual report shall also be forwarded to the City Council for its information and review. Section 3. Work Plan. The Board, in accordance with City Code Section 2-422, shall file with the City Clerk on or before November 30th of each year, the Board's work plan for the upcoming year. Such work plan shall be forwarded to the City Council for its information and review. Chairperson Date ATTEST: Secretary Date Revised September, 01 5