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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/13/2010 - BOARDS AND COMMISSIONS PERIODIC REVIEW DATE: July 13, 2010 STAFF: Darin Atteberry WORK SESSION ITEM FORT COLLINS CITY COUNCIL No pre-taped presentation for this item. SUBJECT FOR DISCUSSION Boards and Commissions Periodic Review. EXECUTIVE SUMMARY Each year Council meets with several boards and commissions to review their functions and goals. This year Council will review the following boards and commissions: Transportation Board Building Review Board Citizen Review Board Natural Resources Advisory Board GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED The work session will conclude with either: 1. A statement that the board should continue without alteration; or 2. Direction to staff to prepare legislation making any changes (number of members, duties, etc.). BACKGROUND At its January 25,2000 work 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 review dates have been staggered; each board or commission will be reviewed approximately every six years. The 2010 review includes the following boards and commissions: • Transportation Board • Building Review Board • Citizen Review Board • Natural Resources Advisory Board July 13, 2010 Page 2 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 work 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). The work session will conclude either with: I. A statement that the board should continue without alteration; or 2. Direction to staff to prepare legislation making any changes (number of members, duties, etc.). ATTACHMENTS 1. Transportation Board Periodic Review Questionnaire—(with attachments) 2. Building Review Board Periodic Review Questionnaire (with attachments) 3. Citizen Review Board Periodic Review Questionnaire—(with attachments) 4. Natural Resources Advisory Board Periodic Review Questionnaire—(with attachments) 5. Periodic Review Process adopted February 20, 2001 6. The Role of Council Liaisons to Boards and Commissions adopted on May 17, 1988 and revised on June 6, 2000 ATTACHMENT 1 Transportation Board 2010 Periodic Review J Board Representatives: Gary Thomas, Chairperson Ed Robert, Vice Chair Staff Liason: Mark Jackson Council Liaison: Ben Manvel ♦ 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 (15 minutes) concerning the responses on the Periodic Review Questionnaire. ♦ Brief (1-2 minutes) summary of Board or Council action needed (if any) BOARDS AND COMMISSIONS PERIODIC REVIEW QUESTIONNAIRE DATE PREPARED: June 09, 2010 BOARD/COMMISSION NAME: Transportation Board LIST OF MEMBERS: Gary Thomas, Chair; Ed Robert, Vice Chair; Olga Duvall, Sara Frazier, Bill Jenkins, John Lund, Kip McCauley, Shane Miller, Sid Simonson, Garry Steen; Scott Van Tatenhove. 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? Yes: The City Code defined duties seem to be broad enough to cover all the city issues that come before the Transportation Board including sponsorship of the Bicycle Advisory Committee. There is always some question on what role, if any, the T-Board should play in the various regional transportation discussions. The board takes a position on anything that directly impacts the city, but does not initiate any efforts to improve overall regional mobility. With the growing interest in connectivity between Fort Collins and Loveland it might be timely for selected joint meetings with our counterparts in Loveland and other nearby cities. The airport business plan, the newly expanded bus route to Longmont, the ongoing study of combining the transit administrations, the desire for coordinated paratransit service in Larimer County, and the final draft I-25 EIS are all topics of potential mutual interest. 2. Is the board's workload (annual work plan) too much; too little; about right? Explain. J About right: The work plan covers the major areas of endeavor in a broad fashion that allows the Transportation Board flexibility to address the most pressing issues in a timely fashion. A few times each year the T-Board has a meeting that runs late, but those events are due to pressing issues that need a timely review and recommendation. In May a special meeting was necessary to accommodate the depth of discussion required to understand and comment on the Choices phase of Plan Fort Collins. However, that was a rare event due to an infrequent project. 3. Does the board effectively accomplish its annual work plan? Yes: Each year the Transportation Board recaps its work for the annual report to the city. For the past several years there has been progress in all of the work areas outlined in the work plan. 1 4. Are board meetings conducted in an effective manner? What could be done to improve board meetings? Yes: The T-Board represents a wide range of view points as does the community as a whole. The members have been very responsible in bringing sometimes competing positions in a respectful and focused manner. To give City Council the benefit of all the various positions, the T-Board has been including the reasons for any dissenting votes in its communications. Time is kept on each discussion item so the meeting can progress and honor the time of the people attending for later items. Budget cuts that eliminated the monthly meal were understandable but unfortunate. Asking people to give up 3 or more hours of their evening starting at 6:00 p.m. without more than just a snack seems contrary to the value expressed for board participation. Some members have volunteered to bring in a hot meal from time to time. 5. Is the current size of the board appropriate? Yes: Given the wide range of subjects covered by the Transportation Board, and the impact that transportation systems have on all aspects of the community, having 11 diverse viewpoints is important in formulating good recommendations. In addition to its traditional work load, the Transportation Board also provides an official liaison and alternate with the new Bicycle Advisory Committee to champion their issues back to the board and Council. 6. Are communications between the board and Council effective? What could be done to improve these communications? Yes: The City Council has been very receptive to the T-Board letters and recommendations, and on occasion has afforded the T-Board chair the opportunity to speak at work sessions. Like any other board, the Transportation Board is always seeking any feedback that the council wants to share. Knowing the time commitments by Council members are huge, the board is hesitant to ask for more. However, information sharing by the Council Liaison has always been very helpful and would be appreciated at any frequency possible. Recognizing that formal responses back on our recommendations are out of the question, there are usually two or three T-Board members in the audience whenever City Council is reviewing a transportation issues at either a work session or regular session. Council member comments that reflect back on the work of the board are much appreciated. 7. Other comments: For the past few years the Transportation Board has enjoyed the assistance of two very capable staff liaisons in Mark Jackson and Polly Bennett. Their knowledge, professionalism and attention to detail have contributed a great deal to the effectiveness of the T-Board. Attachments: City Code description of duties Current Work Plan Current Annual Report 2 Current Bylaws Transportation Board Duties DIVISION 32. TRANSPORTATION BOARD Sec. 2-428. Functions; Bicycle Advisory Committee. (a) The duties and functions of the Board shall be to advise the City Council on matters pertaining to the City's transportation policies and system, including but not limited to transportation planning, alternative modes planning (including bikeways, pedestrian facilities, transit, air transportation and van- and car-pooling), capital improvement projects, downtown parking management and other transportation issues as identified in the Board work plan. Additionally, the Board shall review the City's interaction with federal, state and county government, as well as North Front Range Transportation and Air Quality Planning Council, Colorado State University and Poudre R-1 on transportation-related issues. (b) The Board shall also establish and keep in place a committee to be known as the "Bicycle Advisory Committee," the purpose of which shall be to advise the Board with regard to bicycling- related issues. Said Committee shall consist of sixteen (16) members, one (1) of whom shall be a member of the Board, and fifteen (15) of whom shall be appointed by the City Manager. The City Manager appointees shall consist of three (3) "at large" members of the community plus one (1) member of each of the following City boards and commissions and other civic organizations: Air Quality Board Parks and Recreation Board Natural Resources Advisory Board Land Conservation and Stewardship Board Senior Advisory Board Economic Advisory Commission Downtown Development Authority Bike Fort Collins Fort Collins Bike Co-op Poudre School District Colorado State University University Connections In addition to the foregoing sixteen (16) voting members, the Committee shall also include four (4) nonvoting members, with one (1) such member each representing the City's Department of Police Services, Traffic Operations Department, Engineering Department and Transportation Planning/Safe Routes to School Department. The Bicycle Advisory Committee may establish bylaws, rules and regulations for its own organization and procedures in accordance with the City's policies for boards and commissions, and all voting members of the Committee shall be governed by said policies. Each member of the Bicycle Advisory Committee shall serve for a term of two(2) years. (Ord. No. 29, 1992, 3-3-92; Ord. No. 003, 2009, 1-20-09) See. 2-429. Coordination with other boards,commissions and the community-at-large. The Board will coordinate its policy review with other appropriate City boards and commissions as needed. This coordination is intended to,provide an integrated review of transportation issues as they relate to other policy areas such as air quality, natural resources and land use. The Board will ensure that an element of its policy review will include appropriate community input. (Ord. No. 29, 1992,3-3-92) 3 Transportation Board 2010 Work Plan City ®f Transportation Board F®rt Collins Gary Thomas, Chair 2010 WORK PLAN The goal of the Transportation Board is to promote the implementation of a balanced transportation system that is consistent with the City environmental goals and provides choice, mobility, access, congestion mitigation and safety for all people while achieving: 1) Efficient and Effective movement of people and goods throughout the community; 2) A reduction in the rate of Vehicle Miles Traveled growth to equal the rate ofpopulation growth; and 3) Enhanced mobility through emphasis of modal shifts. I. Advise City Council on transportation issues, planning, and construction projects with timely responses to City initiatives and by proactively raising new concerns and recommended solutions i I1. Support the Bicycle Advisory Committee in its efforts to promote bicycling in the city through infrastructure, programs, education,and above all safety improvements by both cyclists and motorists III. Transportation Financing—explore financing options to address transportation needs, including, but not limited to,dedicated funding mechanisms W. Education and Outreach—reach out proactively to the community and other boards to both solicit input and provide information on transportation issues V. Transportation Safety—Promote transportation safety as it affects all modes of transportation,via consideration of engineering, education and enforcement VI. Regional Transportation—Build communication links with other transportation bodies in the city and region 4 Bicycle Advisory Board 2010 Work Plan J November 9, 2009 BICYCLE ADVISORY COMMITTEE WORK PLAN 2010 The Bicycle Advisory Committee (BAC) is a subcommittee of the Transportation Board. It is composed of representatives of various city boards and commissions and community organizations that have a stake in bicycling. The BAC reviews and provides recommendations regarding bicycle capital improvements, bicycle policies, and Bicycle Plan priorities. The overall goal of the BAC is to promote safe, efficient bicycling in Fort Collins and the surrounding area. The economic, environmental and community benefits of bicycling deserve continuing recognition. Bicycling produces no air or noise pollution, decreases traffic congestion, he alleviate vehicular parking demand, saves energy, uses land and road space efficiently, provides mobility, saves individuals money, improves health and fitness, and, most of all, is fun. All of these benefits are good for the environment and provide incentives for people to visit, relocate, and establish businesses in Fort Collins, enhancing sustainable economic development. After examining the Bicycle Plan and considering needs of the various interest groups represented, the BAC has established the following goals: 1. Bicycle Safety—Work with City departments, bicycling advocacy groups, law enforcement agencies and other interest groups in the community to promote bicycle safety education on the rules of the road and sharing the road for . motorists and bicyclists of all ages. 2. Bicycling Encouragement— Continue to develop and implement innovative programs, campaigns and events to encourage increased bicycle travel 3. Bicycle-related Economic Development and Affordability— Use the existence of high quality bicycle facilities, a robust bicycling culture, bicycle sporting events and enjoyable recreational biking to attract employers, new residents, businesses and visitors; and to facilitate bicycling as an affordable transportation option for low income households and non-drivers. 4. Bicycle Facilities - Identify innovative interim solutions for improving design deficiencies and/or maintenance of important bicycle travel routes to assure a safer, more efficient bicycling environment. 5. Bicycling Performance — Establish performance measures for bicycle programs and facilities to assess achievement of economic, environmental and community benefits. 5 Transportation Board 2009 Annual Report City ®f Transportation Board \ Gary Thomas, Chair ®�i �®����� December 31, 2009 2009 Annual Report of Results The goal of the Transportation Board is to promote the implementation of a balanced transportation system that is consistent with the City environmental goals and provides choice, mobility, access, congestion mitigation and safety for all people while achieving: 1) Efficient and Effective movement of people and goods throughout the community; 2) A reduction in the rate of Vehicle Miles Traveled growth to equal the rate of population growth; and 3) Enhanced mobility through emphasis of modal shifts. I. Advise City Council on transportation issues, planning and construction projects in a timelv fashion • Commented on the Transportation Overview presented at study sessions • Made recommendations for improvement to the I-25 Draft Final EIS • Recommended the South College Corridor plan • Recommended the North College Corridor improvement plan • Recommended the Mountain Vista Sub Area Plan o Held several review sessions with numerous citizen input comments • Recommended the Transit Strategic Plan and Financial Advisory Committee report • Followed the Railroad quiet zone study • Followed the grade separated pedestrian RR crossings for Troutman and the Government Research Center near Spring Creek • Monitored developments in the Mason Corridor project • Monitored developments in the I-25 / SH 392 Interchange improvement project • Monitored developments in the reconstruction of West Harmony and Shields II. Transportation Financing—explore financing options to address transportation needs, including, but not limited to, dedicated funding mechanisms • Commented on the budgeting process early to recommend transportation resources • Monitored the City Council annual retreat • Participated in developing and presenting the Transit Strategic Plan financial recommendations • Recommended approval of the final city budget except the lack of funding for street maintenance o Recommended additional stop-gap funding for streets • Continued to raise concern of inadequate funding for pavement maintenance • Promoted bonding options to encourage earliest and most efficient project completion opportunities • Reviewed the business plan for the airport • Followed stimulus funding grants 6 Farof ollins III.' Education and Outreach — reach out proactively to the community and other boards to both solicit input and educate regarding transportation issues that face the city • Fostered development of the Bicycle Advisory Committee o Have BAC reports as a standing item o Supported all BAC recommendations to City Council • Heard report on the Embrace Colorado planning effort • Participated in or monitored several local organizations and efforts including o Bicycle Advisory Committee o UniverCity Transit and Mobility Committee o Larimer County Mobility Council o Dial-A-Ride and Transit Advisory Committee o Transit Strategic Plan Financial Advisory Committee o BFO public meeting • Toured and was briefed on the Traffic Management Center • Toured and was-briefed on the Loveland /Fort Collins Airport • Toured and was briefed on the Streets Maintenance Facility IV. Transportation Safety —Promote transportation safety as it affects all modes of transportation, via consideration of engineering, education and enforcement • Reviewed bicycle accident study analysis • Recommended policy change on wheelchairs in bike lanes • Promoted overall bicycle safety including Safe Routes to School program • Continued to promote improvements to transit stops such as at Foothills Gateway • Raised various specific issues through individual board reports. V. Regional Transportation —Build communication links with other transportation bodies in the city and region • Recommended support for return of the Amtrak Pioneer train service • Participated and/or monitored several regional organizations including o Loveland Transportation Advisory Board o CDOT Interim Transit and Rail Advisory Committee o Metropolitan Planning Organization and its Transit Advisory Group o Transportation Summit with legislative leaders o American Society for the Study of Peak Oil Annual Convention • Heard a presentation on an effort to provide vehicle sharing in the city o Private group anticipating more use of electric vehicles 7 Transportation Board does not have its own bylaws The Transportation Board does not have its own bylaws 8 ATTACHMENT 2 Building Review Board 2010 Periodic Review Board Representatives: Alan Cram, Chairperson Jeff Schneider, Vice Chair Staff Liason: Mike Gebo Council Liaison: Kelly Ohlson ♦ 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 (15 minutes) concerning the responses on the Periodic Review Questionnaire. ♦ Brief (1-2 minutes) summary of Board or Council action needed (if any) BOARDS AND COMMISSIONS PERIODIC REVIEW QUESTIONNAIRE Date Prepared: June 28, 2010 Board/Commission Name: Building Review Board List of Members: • Alan Cram, Chair • Jeff Schneider, Vice Chair • Mike Gust • Jim Packard • Andrea Dunlap • Brice Miller • George Smith 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 current duties of the board are realistic. 2. Is the board's workload (annual work plan) too much; too little; about right? Board members feel that the current level of work load is about right to too little at this point in time. The work load has declined over the past few months and the items discussed that may be contributing to this, include: • A change in process for rental housing cases that gives the owner more time to work with staff to remedy a situation prior to requiring an appearance before the Board. This change has significantly improved the process and has resulted in 100%voluntary compliance. • The near elimination of proactive enforcement of contractor licensing and building code violations due to the reductions of inspection and administrative staff that have occurred within Community Development& Neighborhood Services. As construction starts to increase, board members feel that the number of contractor appeals/hearings will increase. 3. Does the board effectively accomplish its annual work plan? Board members agree that they effectively accomplish their annual work plans. In addition to the normal appeals/hearings, we have had sufficient time to review the new I-Codes and should have appropriate time to follow and review the new Green Code. 1 4. Are board meetings conducted in an effective manner? What could be done to improve board meetings? Board members agree that their meetings are conducted in an effective manner. One improvement that was implemented in 2009, included adding speaking time limits for Contractor Licensing and Rental Housing appeals. This has reduced the lengthy hearings and helped keep the presentations to relevant information. As well, several changes have been made to the type and authenticity of information presented by contractor appellants that have helped keep the appeals to a reasonable length. With the current downturn in building programs and lack of staff time, there have not been as many appeals heard. 5. Is the current size of the board appropriate? Board members agree that the current size of seven (7) board members is appropriate. The size ensures that there is a quorum for all meetings despite vacations or others times when a board member cannot attend. 6. Are communications between the board and Council effective? What could be done to improve these communications? Board members are interested in having the ability to have direct dialog with the Council Liaison. The board.would appreciate several visits from the Liaison throughout the year to allow him to see how the board functions, to hear the discussions surrounding review of new codes, and to ensure that direct dialog can be held on pertinent issues such as budget and other items of specific concern to the board. 7. Other comments: None. Attachments: City Code description of duties Current Work Plan Current Annual Report Current Bylaws 2 Building Review Board . Duties BUILDING REVIEW BOARD CITY CODE DESCRIPTION OF DUTIES Sec. 2-119. Functions. 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 peculiar or exceptional practical difficulties to or exceptional or undue hardship upon the person regulated, or when the applicant can demonstrate to the satisfaction of the Board that the applicant possesses other qualifications not specifically listed in Chapter 15, Article V, such as specialized training, education or additional experience, which the Board has determined qualifies the applicant to perform in a competent manner any construction authorized under the license or certificate sought, 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; (5) To serve as the Board of Appeals as required under Section I I I of the International Property Maintenance Code as adopted by the City and "Housing Standards" contained in Chapter 5, Article VI, Division 2 of the Code; and (6) To advise the City Council on policy matters pertaining to the construction of buildings and the licensing of contractors and the certification of supervisors for all aspects of the construction of buildings, and to perform such other duties and functions and have such other powers as may be provided by ordinance of the City Council. (Ord. No. 93, 1987, § 3, 7-7-87; Ord. No. 49, 1991, § 1, 5-7-9 1; Ord. No. 108, 1992, § 1, 11-3-92; Ord. No. 133, 1997, § 2, 8-19-97; Ord. No. 121, 2008, 10-21-08; Ord. No. 014, 2009, 02-17-09) 3 Building Review Board 2010 Work Plan Fort ®f FoCommunity Development&Neighborhood Services 281 N.College Avenue ort Collins Box580 Y■ Fort Collins,CO 80522 970.416.2740 970.224.6134-fax (cgov.com 2010 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-judicial 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 Official. The Board will continue to hear cases involving challenges to the Building Official's interpretation of the City Rental Housing Standards, as well as the International Property Maintenance Code (IPMC). In its advisory capacity, the Board is expected to review the 2009 editions of the International Residential Code (IRC), International Building Code (IBC), International Energy Conservation Code (IECC), International Mechanical Code (IMC) and International Fuel Gas Code (IFGC). As well, the Board is expected to review "Green-Building" (sustainable building-construction) standards and make recommendations to Council regarding any suggested revisions based on local conditions and community standards. The board is also slated to review Article V, Section 15 of the City Code regarding contractor licenses.for suggested updates to send on to Council. The Board will continue to work on its operational procedures and other matters of interest. Approved on November 19, 2009. 4 Building Review Board 2009 Annual Report �6$�Y ®� Planning, Development& Transportation Community Development&Neighborhood Services ®■ey� Collins 281 North College Avenue P.O.P. Box 580 FFort Collins,CO 80522.0580 970.416.2740 970.224.6134-fax fcgov.com BUILDING REVIEW BOARD 2009 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 2009 included Alan Cram, Andrea Dunlap, Mike Gust, Brice Miller, Jim Packard, Jeff Schneider and George Smith. Jim Packard served as Chairperson throughout the year. Board Member Cram served as Vice-Chairperson. Council liaison to the Board was Council Member Kelly Ohlson. Staff support was provided by Felix Lee, Mike Gebo, Steve Dush, Paul Eckman, Delynn Coldiron and Melanie Clark. 2009 YEAR IN REVIEW: As the appellate body for building codes and contractor licensing regulations, the Board held numerous hearings: 1. APPEALS: • License Approvals: The Board heard no 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, when an exam waiver was being requested, or due to the fact that violations had occurred to the City's licensing regulations. • None. • Exceptions/Upgrades: The Board heard two cases from contractors and/or building owners asking for exceptions that would allow them to build outside of the constraints of their current license or the licensing regulations. • Simon Darke, d/b/a Alpine Custom Carpentry: The appellant was seeking an ongoing project exemption to his Miscellaneous & Minor Structures license that would enable him to perform the full range of projects his company specializes in, since many of these surpass the square footage and one-story limitations of his license. The Board denied appellant's request and encouraged him to come back for approval on a case-by-case basis. • Rick Emery, d/b/a Ridgetop Builders: The appellant was seeking a project exemption to his E license that would enable him to expand an existing tenant finish project to include an addition onto the existing building pursuant to his customer's request. The Board approved a one-time exemption allowing the appellant to perform the addition with the requirement that he take and pass the ICC Contractor A exam. 5 BRB Annual Report December 31, 2009 Page 2 2. LICENSE HEARINGS: The Board heard three cases against contractors who had violated the City's licensing regulations. David Houts, d/b/a Construction Management Solutions: This contractor appeared before the Board to seek reinstatement of his revoked C2 and D1 licenses. The Board instructed this contractor to fulfill a number of items at the hearings held on August 30, 2007 and March 27, 2008. Due to the fact that one of his projects remained incomplete, the Board reinstated the D1 license only, with the caveat that once the outstanding project was complete, the C2 license could also be reinstated. • Scott Mills, d/b/a Force Five Roofing: This contractor appeared before the Board due to alleged violations to the licensing ordinance for working without building permits, working without a contractor's license and lack of site supervision. The Board found that the contractor was in violation of knowing or deliberate disregard of the Building Code or any other Code adopted by the City, failure to comply with any provision of the code related to a specific construction project, failure to obtain the required permit for the work performed, performance of work for which a license or supervisor certificate is required without a valid current license and inadequate supervision for exempt workers. The contractor was prohibited from reapplying for a contractor's license for six months. • Richard Gray, d/b/a Gray's Construction: This contractor appeared before the Board due to alleged violations to the licensing ordinance for inadequate supervision of exempt workers and potentially lending or consenting to the use of their license by another contractor. The Board found that the contractor had failed to comply with a provision of the code related to a specific construction project and provided inadequate supervision for exempt workers. The contractor was allowed to continue working, but placed on probation for 6 months. 3. BUILDING/RENTAL HOUSING CODE HEARINGS: The Board heard five cases involving City Codes: • Michael Bello, d/b/a Urban Development.Partners, LLC: This was the second appearance by the appellant before the Board, seeking an exception to the Colorado Revised Statutes (CRS) requirements with respect to meeting accessibility standards. He was requesting this on the basis of undue hardship due to: 1) Flood plain requirements and 2) Design complications required to meet the complementing details of the neighboring historic structure. Staff and the Board denied appellant's first request. Staff denied the appellant's second request due to the fact that there remained items the appellant could do on the proposed site to meet accessibility standards. The appellant provided information on additional options he had explored in an attempt to meet the accessibility standards and discussed the difficulties of those options. As well, he provided information on research he had done on the availability of handicap units within the area that he believed would more than suffice for the handicapped units that he was hoping not to have to include in his project. Increased costs and the resulting price point of his properties were also concerns the appellant shared. After significant discussion with City staff and consideration of testimony from the appellant and a representative from the Commission on Disability, the Board denied the appellant's request. • 515 E. Drake, Apt A-116: The tenant at this address contacted the City for an inspection due to an ant infestation. At inspection, the inspector found evidence of ants as well as the 6 BRB Annual Report December 31, 2009 Page 3 following: 1) bathtub would not drain properly, 2) glazing on the living room window was pulled from the frame and the window was not sealed correctly, 3) locks were not operable on the living room, kitchen, or northeast bedroom windows, 4) no smoke alarms in the bedrooms or in the area outside of the bedrooms,,5) electrical outlets in the bathroom and kitchen were not GFCI protected, and 6) two outlets in the living room not working properly. The Board heard testimony from property manager Sandee Diamond, from her Attorney Earl Edwards, from former tenant Megan Galvin and from her mom, Leneva Tanner. The property manager was concerned about the Notice she had received and the fines that could be incurred if she couldn't get the necessary repairs made within the given timeframe. She was seeking relief from the given timeframe. There was a lot of discussion around timeframes and potential changes to existing notification processes. After clarifying some key issues, the appellant agreed to withdraw her appeal. • 1000 W. Horsetooth Road, Apt B-14: The tenant at this address contacted the City for an inspection due to a roof leak. The tenant indicated that over the course of several years she had made requests to have the roof leak investigated and repaired, to no avail. At inspection, the inspector found water in one of the globe lights on the ceiling, as well as the following: 1) scorch marks on the outside of the water heater tank, 2) a water pressure relief valve that terminated near the floor with no obvious drain nearby, 3) electrical outlets in the kitchen that were not GFCI protected, 4) no smoke alarm in the bedroom and 5) no carbon monoxide detector in the unit. The Board heard testimony from Tom Sibbald, a managing partner of Rose Tree Limited Partners and his attorney, Craig Stirn. They were appealing the corrections they had been asked to make and had concerns over whether the building inspector's findings were accurate, as well as the legality of an inspector identifying additional items outside of what he was asked to check and then requiring repairs. They also had concerns over requiring code changes retroactively to units that met all code requirements at the time they were built. After significant discussion with City staff and consideration of the testimony that had been heard, the Board denied this appeal and instructed that any items that remained outstanding from the Notice and Order to Repair be corrected and re-inspected within 30 days. • , 117 N. Mack Street: This premises was posted as unfit for human occupancy on April 7, 2009 after City staff received numerous complaints from area residents and neighbors about foul odors emanating from the house, visible nuisances on the premises and a report from a Larimer County Humane Society Officer who was investigating an allegation of too many cats who found large amounts of excrement and generally filthy conditions and clutter inside the home. The Board heard testimony from the owner's attorney, David Herrera, who was appealing the City's designation that the premises was condemned. He noted that the owner was recovering from some serious health conditions but wanted to fix the house. He stated that now that the CO had been revoked due to the unfit designation, the owner was unable to get a needed grant from Neighbor to Neighbor to do the repairs. Herrera asked the Board to reject the condemnation status and restore the house to its previous level of occupancy. After significant discussion with City staff and consideration of the testimony that had been heard, the Board upheld the decisions of the Building Official, but rescinded the condemnation status and returned the property back to unfit for occupancy status allowing 120 days for the owner to either obtain a building permit or have a re-inspection for occupancy to meet Section 108.1.3 of the Interior Property Maintenance Code. 7 BRB Annual Report December 31, 2009 Page 4 • 1907 Water's Edge, Apt E: The tenants at this address requested a rental inspection to determine the safety of their loft staircase and whether it was in compliance with building codes. Upon inspection, it was determined that the staircase was not in compliance with current codes and a Notice of Violation and Order to repair was issued. The appellant was disputing this Order based on the fact that the City approved the construction at the time the unit was built, evidenced by the issuance of a Certificate of Occupancy. The Board agreed with the appellant and vacated the Notice of Violation. 4. ADMINISTRATIVE ITEMS: • Reviewed Unrecorded Dwelling Unit Proposal: The Board reviewed and provided feedback on proposed regulations related to unrecorded dwelling units. The first discussion occurred at their January 29, 2009 meeting. A second discussion occurred in April, where the Board made a motion to not endorse/support staff's proposal due to weaknesses in the structure of the document, as well as a lack of clarity dealing with possible issues of people not being aware of the incentive program or the related time frames. The Board recommended that the proposal be sent back to them for more work. Council ultimately approved the proposal. Updates continued throughout the remainder of the year. • Changed Hearing Procedures and Bylaws: The Board made some refinements to the adopted Bylaws, and also worked to develop a more concise protocol for rental housing hearings. The Board approved the changes at their June 25, 2009 meeting. The Board had additional discussion on this item at their August 27, 2009 meeting with City legal staff. Additional changes were approved, including designated time periods for each portion of a hearing. • Packet Distribution: Due to the increased size of packets with the addition of rental housing code hearings, it was agreed to change the hearing cutoff date for applications to the last day of each month and then move packet distribution up one week, giving Board Members extra time for review. • Community Scorecard: The Board viewed and provided feedback on the City's Community Scorecard. Each Board Member was provided with a copy. Jeff Scheick, the Director of Planning, Development and Transportation Services presented this information and explained the data contained within the document. He further discussed areas of concern, including activity and revenue declines. • Budget: The Board was concerned about their ability to be able to provide feedback to City Council on recommended budget cuts to ensure that the services they rely on would be continued. This item was briefly discussed in April. The Board prepared a formal response to City Council related to the budget during their September meeting. The motion recommended that City Council keep all development and permit fees collected for related activities within the CDNS group and not be co-mingled in the General Fund, to enable CDNS to rebuild and restructure the cut backs in order to restore adequate levels of customer service to the people that are asking for, and paying for those services. • Planning, Development and Transportation Reorganization: The Board viewed and provided feedback on a presentation regarding budget challenges and a resulting reorganization. The information was presented by Jeff Scheick, the Director of Planning, Development and Transportation Services. The reorganization included the creation of the consolidated Community Development & Neighborhood Services Department; elimination of the Transportation Service Group management structure; creation of a PDT Budget, Communications, Policy and Program Manager; move of Parking Services to Traffic; move of Transportation Planning to Advance Planning and move of Street Pavement Maintenance to the Streets Department. He also reviewed additional staff reductions that were proposed as part of the 2010/2011 budget. 8 BRB Annual Report December 31, 2009 Page 5 • Green Building Code: The Board heard a presentation from Utilities' staff on the Green Building project that is now underway. City Council has made it clear that they would like to see Fort Collins remain a leader in green building and are looking at what else the City should be involved with to keep moving forward. The project is still being framed, but the one piece that will be moving forward is the Green Building Code. This code piece is just one part of a larger vision that includes removing obstacles that make life difficult for developers and builders, encouraging innovation and rewarding success. Work will continue on this project through 2010, with ample opportunity for participation. 9 Building Review Board Bylaws I 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 11, 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. 10 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 i 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 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 I regular meeting, subject to the approval of the City Council. I These Bylaws were approved unanimously by the Building Review Board on July 25, 2002. i Charles Fielder, Bq rd Chair r t----------- -- -- _ 11 - ATTACHMENT Citizen Review Board 2010 Periodic Review Board Representatives: Glenn Strunk, Chairperson Anne Berry, Vice Chair Staff Liason: Jerry Schiager Council Liaison: David Roy ♦ 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 (15 minutes) concerning the responses on the Periodic Review Questionnaire. ♦ Brief (1-2 minutes) summary of Board or Council action needed (if any) BOARDS AND COMMISSIONS PERIODIC REVIEW QUESTIONNAIRE DATE PREPARED: June 2010 BOARD/COMMISSION NAME: Citizen Review Board LIST OF MEMBERS: Glenn Strunk(Chair), Anne Berry(Vice Chair), Robin Penny, Arlene Archer, Jim O'Neill, Letty Coykendall, Evan Singleton 1 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? Our main function is to review certain Fort Collins Police Services Internal Affairs investigations. This is very realistic. 2. Is the board's workload (annual work plan) too much; too little; about right? Explain. From 2003 through 2009, we reviewed between 4 and 12.investigations a year. (6, 10, 9, 12, 6, 8,and 4 cases each year, respectively) This workload is about right. 3. Does the board effectively accomplish its annual work plan? Yes 1 4. Are board meetings conducted in an effective manner? What could be done to improve board meetings? Yes 5. Is the current size of the board appropriate? Yes I 6. Are communications between the board and Council effective? What could be done to improve these communications? Yes. There has not been much communication with the Council in recent years. 7. Other comments: We are always looking for additional ways to inform the public of our existence and what we do. The City Code currently states that we may make "observations and recommendations regarding the administrative investigation." We interpret that to mean (with input from the Assistant City Attorney) that we may make comments concerning FCPS policy. Is this the intent of the Council? One question we often ask ourselves is, "Would we as citizens of Fort Collins expect anything different?" Attachments: City Code description of duties Current Work Plan Current Annual Report Current Bylaws 2 Citizen Review Board Duties ARTICLE III. BOARDS AND COMMISSIONS DIVISION 8. CITIZEN REVIEW BOARD Sec. 2-136. Creation. There shall be and is hereby created a Citizen Review Board, hereafter referred to in this Division as the "Board." (Ord. No. 76, 1998, § 1, 8-4-98) Sec. 2-137. Definitions. The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section: Deadly force shall mean force, the intended, natural and probable consequence of which is to produce death. Exonerated shall mean that the incident occurred,but the behavior of the police officer or community service officer did not violate any applicable administrative policy or law. Not involved shall mean that the police officer or community service officer was not involved in the incident. Not sustained shall mean that there is insufficient evidence to prove or disprove the allegation. Sustained shall mean that the allegation is supported by sufficient evidence establishing that a police officer or community service officer violated one(1) or more applicable administrative policies or laws. Unfounded shall mean that sufficient evidence was present to establish that the allegation was false or not factual. (Ord. No. 76, 1998, § 1, 8-4-98) See. 2-138. Membership; terms; training; subcommittees. (a) The Board shall consist of seven (7) members appointed by the City Council. The names of nominees for all such appointments shall be submitted to the City Council by a committee consisting of two (2) Councilmembers and the City Manager. All members shall reside within the City's Growth Management Area during their term on the Board. 3 (b) Each member shall serve without compensation for a term of four(4)years, except that members may be appointed for a shorter or longer 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, with or without cause. When a vacancy occurs on the Board prior to or at the expiration of a term, the vacancy shall be filled for the remaining unexpired portion of the term or for a new term, whichever is applicable, by City Council appointment pursuant to the process described in Subsection (a) of this Section. 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. (c) Those persons appointed to the Board shall attend and complete such training as may be developed by the City Manager, upon consultation with the Chief of Police and the Health and Safety Committee of the City Council. (d) Upon notice that an investigatory file is being forwarded to the Board for, review pursuant to the provisions of§ 2-140, the chairperson shall randomly select four (4) members of the Board to serve as the review subcommittee. A separate review subcommittee shall be selected for each separate review. The fourth member selected to each review subcommittee shall serve as a substitute and shall participate in the review process, but shall not participate in any recommendation vote of the subcommittee unless one(1) of the other three (3) members of the review subcommittee becomes unable to participate and vote. To the extent possible, a request to reconsider pursuant to Subsection 2-140(f) shall be considered and, if appropriate, reviewed by the same subcommittee members who conducted the initial review. (Ord. No. 76, 1998, § 1, 8-4-98; Ord. No. 225, 1998, 12-15-98; Ord. No. 93, 2002, § 2, 7- 16-02; Ord. 24, 2005, § 2, 3-1-05) Sec. 2-139. Functions. The Board shall have the following functions: (1) At the request of the City Manager or the Chief of Police, to make recommendations to the City Manager or the Chief of Police concerning the interpretation of police policies and procedures. (2) To review the following categories of internal investigations conducted by Police Services: a. Investigations involving police officer or community service officer use of deadly force, whether or not the use of such force actually results in death; 4 b. Investigations initiated by the written complaint of any person involved in an incident occurring within one(1) year of said complaint, when such person alleges that: (i) a police officer or community service officer used force or discharged a firearm in violation of administrative policy or applicable law, (ii) a police officer or community service officer committed a crime, or(iii) as a result of a police officer's or community service officer's act or failure to act, a person sustained severe injury or death or suffered a civil rights violation; c. Any other investigations as requested by the City Manager or the Chief of Police. (3) To review any decision of the Chief of Police regarding the merits of any other investigation for which a review has not been conducted by the Board pursuant to Paragraph (2) of this Section, if review is requested in writing by a person involved in the investigated incident and such person alleges police officer or community service officer misconduct occurring within one(1) year of said request. (4) To reconsider any review previously conducted by the Board if the Board determines that significant new information has become available which previously was not reasonably available to the Board, the complainant or to Police Services. (5) Upon the request of any other public law enforcement entity operating within the City, to review the internal investigations of such entity if the matter being investigated occurred within the City. (6) To make annual reports to the City Council and City Manager concerning the activities and recommendations of the Board; (7) To perform such functions as are committed to it by other ordinances or resolutions of the City. (Ord. No. 76, 1998, § 1, 8-4-98; Ord. No. 130, 2002, § 7, 9-17-02) Sec. 2-140. Review procedures. (a) The Board, through its review subcommittees, shall conduct its reviews in accordance with the procedures contained in Subsections (b) through (1) below. (b) Except as provided in Subsection(k) of this Section, within forty-five (45) days of learning of an incident involving police officer or community service officer use of deadly force as specified in Subparagraph 2-139(2)a, or within forty-five(45) days of its receipt of the written complaint of any person involved in an incident when such person alleges police officer or community service officer misconduct as specified in Subsection (2)b of§ 2-139, occurring within • 5 one(1) year of said complaint, Police Services shall conduct an administrative investigation, and forward the investigatory file to the Board for review. This investigatory period may be extended by Police Services for not more than an additional thirty(30) days upon Police Services' written notice to the Board and the complainant, which notice shall state the reason for the delay. In the event that . additional time is needed in which to complete the investigation, the Board may grant such additional time as it deems necessary upon good cause shown. The review by the Board shall consist of examining the internal investigation file and, in the discretion of the Board, meeting with the complainant, witnesses and/or police investigators. The Board may also request that Police Services further investigate the matter. The Board shall complete its review within forty-five (45) days of submission of the investigatory file. This review period may be extended by the Board for not more than an additional thirty(30) days upon the Board's written notice to the complainant and Police Services, which notice shall state the reason for the delay. Upon completion of its review, the Board shall concurrently convey any observations or recommendations regarding the administrative investigation conducted by Police Services, and the findings reached by the investigating and reviewing officer(s), to the City Manager and the Chief of Police. The review shall be completed and any recommendations conveyed before the Chief of Police makes a decision regarding the merits of the administrative investigation or the complaint. The Chief of Police shall not make a decision regarding the merits of the investigation or the complaint until the Board has had the opportunity to convey the results of its review pursuant to the above time periods. The Chief of Police shall convey in writing his or her decision regarding the merits of the complaint to the complainant and the Board within thirty (30) days of his or her receipt of the Board's recommendations. (c) Except as provided in Subsection (k) of this Section, within forty-five(45) days of its receipt of a written complaint alleging police officer or community service officer misconduct as specified in Subsection 2-139(3) , occurring within one (1) year of said complaint, made by a person involved in the incident, Police Services shall conduct and complete an administrative investigation, the results of which shall be provided in writing to the complainant in the form of a finding of "not involved," "unfounded," "exonerated," "not sustained" or "sustained." This investigatory period may be extended by Police Services for not more than an additional thirty(30)days upon Police Services'written notice to the complainant, which notice shall state the reason for the delay. In the event that additional time is needed in which to complete the investigation, the Board may grant such additional time as it deems necessary upon good cause shown. The complainant may request that the Board review the findings of Police Services if the complainant files a written request for review at Police Services or the City Manager's Office within fifteen (15) days of the complainant's receipt of the written findings. Upon receipt of a timely request for review, Police Services shall forward the investigatory file to the Board for review. The review by the Board shall consist of examining the internal investigation file and, in the discretion of the Board, meeting with the complainant, witnesses and/or police investigators. 6 The Board may also request that Police Services further investigate the matter. The Board shall complete its review within forty-five(45) days of submission of the investigatory file. This review period may be extended by the Board for not more than an additional thirty (30) days upon the Board's written notice to the complainant and Police Services, which notice shall state the reason for the delay. Upon completion of its review, the Board shall concurrently convey any observations or recommendations regarding the administrative investigation conducted by Police Services, and the findings reached by the investigating and reviewing officer(s), to the City Manager and the Chief of Police. The Chief of Police shall, within thirty(30) days of his or her receipt of the Board's recommendation, affirm his or her prior findings, modify his or her prior findings or adopt new findings, which shall be provided in writing to the complainant and the Board in the form of a finding of"not involved," "unfounded," "exonerated," "not sustained" "or sustained." (d) Upon the receipt of a request to review an investigation pursuant to Subparagraph 2-139(2)c, the Board's review shall consist of examining the internal investigation file and, in the discretion of the Board, meeting with the complainant, witnesses and/or police investigators. The Board may also request that Police Services further investigate the matter. The Board shall complete its review within forty-five(45) days of submission of the investigatory file. This review period may be extended by the Board for not more than an additional thirty (30) days upon the Board's written notice to Police Services, which notice shall state the reason for the delay. Upon completion of its review, the Board shall concurrently convey any observations or recommendations regarding the administrative investigation conducted by Police Services, and the findings reached by the investigating and reviewing officer(s), to the City Manager and the Chief of Police. (e) Upon the receipt of a request to review an investigation pursuant to Paragraph 2-139(5), the Board's review shall consist of examining the internal investigation file and, in the discretion of the Board, meeting with the complainant, witnesses and/or law enforcement investigators. The Board may also request that the referring law enforcement entity further investigate the matter. The Board shall complete its review within forty-five(45) days of submission of the investigatory file. This review period may be extended by the Board for not more than an additional thirty(30) days upon the Board's written notice to the referring law enforcement entity, which notice shall state the reason for the delay. Upon completion of its review, the Board shall concurrently convey any observations or recommendations regarding the administrative investigation conducted by the referring law enforcement entity, and the findings reached by the investigating and reviewing officer(s), to the City Manager and the referring law enforcement entity. (f) A request to reconsider any review previously conducted by the Board must contain a detailed written description of the significant new information which has become available and an explanation as to why such information was not reasonably available to the Board, the complainant or Police Services at the prior review. If the Board agrees to reconsider the review, Police Services shall forward the investigatory file to the Board for review. The review by the Board shall consist of considering the new information, examining the internal investigation file and, in the discretion of the Board, meeting with the complainant, witnesses and/or police investigators. The Board may also request that Police Services further investigate the matter. The Board shall complete its reconsideration within forty-five(45) days of submission of the investigatory file. This reconsideration period may be extended by the Board for not more than an additional thirty (30) days upon the Board's written notice to the complainant and Police Services, which notice shall state the reason for the delay. Upon completion of its review, the Board shall concurrently convey any observations or recommendations regarding the administrative investigation conducted by Police Services, and the findings reached by the investigating and reviewing officer(s), to the City Manager and the Chief of Police. The Chief of Police shall, within thirty(30) days of his or her receipt of the Board's recommendation, affirm his or her prior findings, modify his or her prior findings or adopt new findings, which shall be provided in writing to the complainant and the Board in the form of a finding of "not involved," "unfounded," "exonerated," "not sustained" "or sustained." (g) A complainant may file a written complaint at Police Services, the City Manager's Office, the Human Rights Office of the City or at a Board meeting. Upon receipt of a written complaint at a location other than Police Services, the Board or receiving office shall forward the complaint to Police Services as soon as reasonably practical. In the event that a complainant is unable to complete any written complaint or request form, the Board, a citizen liaison, the City Manager's Office or Police Services shall, upon the complainant's verbal request, assist the complainant in reducing the complaint or request to writing. However, all complaint or request forms must be signed by the complainant. (h) The Board and each of its members shall, to the extent required bylaw, maintain the confidentiality of all internal investigation files and all information and evidence received which are related to personnel matters of the City or of the referring law enforcement entity. However, the Board shall allow public inspection of its observations and recommendations that are general in nature, that do not directly identify a specific employee and that do not recommend or comment upon discipline to be considered for an employee. Pursuant to Paragraph 2-71(d)(2), the review subcommittees shall meet in executive session for the purpose of receiving and considering evidence relating to internal investigations conducted by Police Services unless the police officer(s) or community service officer(s) against whom the complaint is filed request that the matter be considered in open session. If such a request is made, the subcommittee shall determine the extent to which consideration and discussion of evidence will occur in open session. In making this determination, the subcommittee shall consider the extent to which the consideration and discussion will directly concern 8 personnel matters of the officer(s), the need to maintain the confidentiality of information in circumstances where the public dissemination of the information would do substantial injury to the public interest and any other constraints upon public dissemination imposed by law. All other meetings or portions of meetings shall be open to the public at all times, except as authorized by Subsection 2- 71(b). (i) In the event that the Chief of Police is directly involved in the use of deadly force as specified in Subparagraph 2-139(2)a, or is the subject of a complaint of misconduct as specified in Paragraphs 2-139(2)b or(3), the City Manager shall fulfill, or shall designate another person to fulfill, the Police Chiefs functions as specified in this Section. 0) In computing any period of time prescribed by this Section, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a City-designated holiday, in which event the period of time runs until the end of the next day which is not a Saturday, a Sunday or a City-designated holiday. (k) In the event that the actions of police officers or community service officers are being actively reviewed for consideration of criminal prosecution against said officers by the District Attorney's Office or other governmental entity which has the ability to bring criminal charges, Police Services may toll the running of any time limits for the completion of its administrative investigation until said prosecuting entity has announced that it has ceased its active review or made a charging decision, whichever first occurs. If Police Services determines that such tolling of the time limits should occur, it shall provide written notice to the Board and the complainant of its decision. (1) In conducting its review of an investigation pursuant to this § 2-140, the review subcommittee may request that the City Council exercise its authority under Article 2, Section 5(e) of the City Charter to independently investigate the subject matter of the complaint and to compel by subpoena the attendance and testimony of witnesses and/or the production of any books or documents that the City Council believes may be necessary to fully investigate the matter, and/or to retain an independent investigator to obtain and provide the City Council with such additional investigative information that the City Council may deem necessary or helpful. Such request to the City Council shall be in writing, with notice to the complainant and Police Services, and shall set forth the reasons why such independent investigation is necessary. The request for the independent investigation described in this Subsection shall toll the running of any time limits for the completion of the subcommittee's review from the date of such request until the City Council either denies the request or completes its own investigation of the matter. 9 (Ord. No. 76, 1998, § 1, 8-4-98; Ord. No. 17, 2000, § 2, 3-7-00; Ord. No. 130, 2002, § 7, 9-17-02; Ord. No. 162, 2004, 10-19-04) Sec. 2-141. 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. 76, 1998, § 1, 8-4-98; Ord. No. 104, 2002, § 1, 8-20-02) Sec. 2-142. 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. 76, 1998, § 1, 8-4-98) 10 Citizen Review Board 2010 Work Plan CITY OF FORT COLLINS Citizen Review Board 2010 Work Plan • Continue the review of Police administrative investigations via subcommittee. • Continue monitoring and reporting CRB voicemail and Bias Policing voicemail. • Explore options for educating citizens about the existence and purpose of the Citizen Review Board. • As opportunities present themselves, identify and establish relationships with specific groups within the community. • Continue liaisons with appropriate Boards and Commissions, including the Human Relations Commission. • Provide and monitor training for any new board members. • Continue to arrange annual training for all board members. • Research and create an overview describing the history and evolution of the Citizen Review Board. 11 Citizen Review Board 2009 Annual Report City of Fort Collins MEMORANDUM Date: January 25, 2010 To: Citizen Review Board From: Captain Jerry Schiager RE: 2009 End of Year Report The 2009 End of Year Report includes an assessment of the progress on the 2009 Work Plan and a statistical overview of the cases reviewed by the Citizen Review Board. Citizen Review Board 2009 Work Plan • Continue the review of Police administrative investigations via subcommittee. Accomplished. • Continue monitoring and reporting CRB voicemail and Bias Policing voicemail. Accomplished. During 2009, the CRB updated the voicemail systems to reflect current contact information. In addition, the CRB added an email reporting component that allows citizens to report concerns directly to the Chair and Co-Chair of the CRB via email. • Explore options for educating citizens about the existence and purpose of the Citizen Review Board. Accomplished. During 2009 the CRB created and produced an educational video that illustrates the process for reporting complaints and the purpose and role the CRB plays in complaint review. • Continue liaisons with appropriate Boards and Commissions, including the Human Relations Commission. Accomplished. A member of the Human relations Commission regularly attends CRB general meetings and provides updates on HRC activities that may be of interest to CRB members. 12 City of FFort Collins • As opportunities present themselves, identify and establish relationships with specific groups within the community. Not Accomplished. No new relationships were identified or established in 2009. • Provide and monitor training for any new board members.Accomplished. During 2009 three new members who began their terms in late 2008 were provided basic training that addressed a myriad of CRB process and law enforcement practices. • Continue to arrange annual training for all board members. Board observation of scenario based training of recruit officers was well received. Continue the expansion of this training opportunity. Accomplished. During 2009 each member received annual updated training at their request and many tenured board members voluntarily attended new member training as a refresher. 13 City of Fort Collins Citizen Review Board 2009 Annual Report The Board considered four cases in 2009. This was a decrease of four cases from 2008. Five additional cases came in during the final days of December 2009 and will not be reviewed by the Board until 2010. A new Internal Affairs case management system (IAPro) was implemented in 2007, so the new numbering system has been applied to old and new cases to aid in understanding: PC2009-xxx: Performance Complaints L12009-xxx: Level 1 Complaints L112009-xxx: Level 2 Complaints 2009 is for the year and the "xxx" is the number identifier for that particular type of complaint (i.e. 001 would be the first case, 002 the second and so on.) (On past reports "EC" and "IC" were used [Externally vs. Internally Generated Complaints] this was changed to the current tracking system. Additionally, past reports may not have been accurate as to what year a case was reviewed in. For example a late 2005 case may not have been reviewed by the Board until 2006, but showed up on the list of 2005 reviewed cases due to its number.That has been corrected in this report.) 2006 2007 2008 2009 1 1-112005-005: SS L12007-005: CO L112007-008: CO L112009-001: SS 2 L112005-007: RP L112007-001: CO L112008-001: CO L112009-002: CO 3 L112005-008: RP L112007-003: UOF 1-112008-003: CO L112009-003: CR 4 L112005-009: UOF 1-112007-005: CR L112008-004: UOF L112009-004: CR 5 1-112005-010: SS L112007-006: CR L112008-005: UOF 6 L112005-011: SS L112007-009: UOF L112008-006: UOF 7 L112006-001: UOF L112008-007: CO 8 L112006-002: OIS L112008-008: CO 9 L112006-003: UOF 10 L112006-004: UOF 11 L112006-005: UOF 12 L112006-008: CR LEGEND UOF— Use of Force OIS — Officer Involved Shooting CR— Civil Rights RP — Racial Profiling SS — Search and Seizure CO — Criminal Offense 14 City of ort Collins DEFINITIONS: Performance Issues 1. General: It is expected that an employee's supervisor will investigate any performance issue that comes to the attention of the department by any source. This may involve a citizen's perception about an employee's behavior, a minor violation of agency directives, procedure or practice, or a concern expressed about the way an incident was handled. Subsequent performance issues involving similar conduct by the same employee within a twelve-month period may result in the elevation of the investigation to Level One. Level One Investigation 1. General: A Level One investigation involves an allegation that an employee violated clearly established departmental directives, procedure or practice and may be brought to the attention of the department by any source. A Level One investigation involves an allegation that if substantiated could result in disciplinary action beyond that usually expected in a performance issue. A Level One investigation is not appropriate for allegations that require the review of the Citizen Review Board pursuant to Section 2-139 (2)(a) and (b) of the City Code. However, the Chief can forward any investigation to CRB at his or her discretion. Some examples of investigations that should be considered Level One include, but are not limited to, allegations that: • The police tactics used were inappropriate or unwarranted, but do not rise to the level of a use of force allegation that would be classified as a Level Two investigation. • An employee's behavior presented a significant safety risk to another person or a significant threat of property damage. • An employee's driving presented a significant safety risk to another person or a significant threat of property damage, whether or not it resulted in a motor vehicle accident. • An employee was involved in dishonest, untruthful or fraudulent conduct. 15 City of Fort Collins • An employee engaged in conduct that tends to seriously impair the operation or morale of the agency, may cause the public to lose confidence in the police department, violates the public trust, or affects the reputation of the agency or any member. • An employee's treatment of others was biased, unequal, or discriminatory in nature, but not rising to the level of a civil rights violation that would be classified as a Level Two investigation. • An employee participated in sexual harassment of another employee or citizen. • Subsequent Level One investigations involving similar conduct by the same employee within a twelve-month period, may result in the elevation of the investigation to Level Two. Level Two Investigation 1. General: A Level Two investigation is one in which review by the Citizen Review Board is required or anticipated. It includes allegations that: • A police officer or community service officer used force or discharged a firearm in violation of an agency directive or applicable law; • A police officer or community service officer committed a crime; . As a result of a police officer's or community service officer's act or failure to act, a person sustained severe injury or death or suffered a civil rights violation; • A police officer or community service officer used deadly force, whether or not the use of such force results in death; • Any other matter the Chief or the City Manager determines should be a Level Two investigation or forwarded to the Citizen Review Board for review. 16 Citizen Review Board Bylaws BYLAWS OF THE CITIZEN REVIEW BOARD CITY OF FORT COLLINS, COLORADO (Approved February 8,2006) Article I-Introduction 1.1 The Citizen Review Board("Board")was created by the City Council through the adoption of Ordinance Number 76, 1998. This ordinance codified the creation of the Board at Sections 2-136 through 2-142 of the City Code. 1.2 These Bylaws are intended to assist the Board in carrying out its functions as set forth in Section 2-139 of the City Code and are specifically authorized by Section 2-141 of the City Code. In the event of inconsistency between these Bylaws and the provisions of the City Code,the provisions of the City Code shall take precedence. Article II-Officers 2.1 The officers of the Board shall be a chairperson and a vice chairperson. The Board shall elect these officers from the membership of the Board for a term of one year. Members are eligible for re-election. The election ofthe chairperson and the vice chairperson shall be held during the annual meeting of the Board in March of each year, or as soon thereafter as practicable. 2.2 A vacancy in the office of chairperson shall be filled automatically and temporarily by the vice chairperson and a new chairperson shall be elected to fill the unexpired term at the next regular meeting of the Board or as soon thereafter as practicable. A vacancy in the office of vice chairperson shall be filled by election for the unexpired term at the next regular meeting, of the Board or as soon thereafter as practicable. 2.3 The chairperson shall preside at regular,special,and executive session meetings ofthe Board and shall,subject to these Bylaws,decide points of procedure unless otherwise directed by a majority of the Board members present at that meeting. The chairperson shall be the spokesperson for the Board to City Council and to the public at large. 2.4 The vice chairperson shall be responsible for assisting the chairperson in performing the chairperson duties as assigned by the chairperson. The vice chairperson shall act in the role of the chairperson in the chairperson's absence. 2.5 Each review subcommittee shall be headed by a subcommittee chairperson who shall be the 17 first member nrddomly selected for the subcommittee who is available and able to serve without c09�t, as.-'set forth in section 2-138(d) of the City Code. The subcommittee chairperson-'shall preside at regular, special, and executive.'.session meetings of the subcommittee and shall,subject to these Bylaws,decide points ofprocedure unless otherwise directed by a majority of the subcommittee members present at that meeting. Article III-Meetings of Entire Board 3.1 Regular-meetings of the Board shall be held on the second Wednesday of each month or as otherwise established by the Board at a regular meeting, The time and location of the meetings shall be as deteimiried by the Board at regular meetings. 3.2 Special meetings of the Board may be called by the chairperson,provided notice thereof is given to all member; not less than 72 hours in advance of the meeting. Notice shall be deemed effective if delivered in writing to the member's home or business location as reflected in the records of the City Clerk,if delivered verbally.by direct communication or by leaving a message at the member's home or business, or if the member attends the meeting. 3.3 All meetings of the Board shall be open to the public at all times,except that the Board,upon the affirmative vote of two-thirds of the members present,may go into executive session for the purpose of considering such matters as would be permissible for consideration by the City Council in executive session as enumerated in Section 2-31 of the City Code,insofar as such matters may be pertinent to the purposes for which the Board has been established by the City Council. No final policy decision shall be made nor shall any resolution be passed or other formal action taken by the Board in executive session. Public notice of the Board meetings shall be provided as required in the City Code and in the Boards and Commissions Manual. 3.4 A quorum of the Board shall consist of a majority of the members of the Board. 3.5 All business of the Board and the review subcommittees shall be conducted at a meeting of the Board or at a meeting of the review subcommittees. 3.6 Minutes of the meetings shall be kept by City staff and provided to the Board for its approval. Article IV-Meetings of the Review Subcommittees 4.1 Meetings of a review subcommittee shall be called by the subcommittee chairperson who shall provide not less than 24 hours advance notice to each member of the subcommittee, including the substitute member. Notice shall be deemed effective if delivered in writing to the subcommittee member's home or business location as reflected in the records of the City 18 I Clerk, if delivered verbally.by direct communication or by leaving a message at the member's home or business, or if the member attends the subcommittee meeting. Public notice of the subcommittee meetings shall be provided as required in the City Code and in the Boards and Commissions Manual. 4.2 All meetings of the review subcommittees shall be open to the public at all times,except that the subcommittee shall meet in executive session for the purpose of receiving and considering evidence relating to internal investigations conducted by the Office of Police Services unless the police officer(s) or community service officer(s) against whom the complaint is filed requests that the matter be considered in open session. If such a request is made, the subcommittee shall determine the extent to which the consideration and discussion of evidence will occur in open session. In making this determination, the subcommittee shall consider the extent to which the consideration and discussion will directly concern personnel matters of the officer(s),the need to maintain the confidentiality of information in circumstances where the public dissemination of the information would do substantial injury to the public interest and any other restraints upon public dissemination imposed by law. Additionally,the subcommittee,upon the affirmative vote of two-thirds of the quorum present, may go into executive session for the purpose of considering such matters as would be permissible for consideration by the City Council in executive session as enumerated in Section 2-31 of the City Code,insofar as such matters may be pertinent to the purposes for which the subcommittee has been established by the City Council. No final policy decision shall be made nor shall any resolution be passed or other formal action taken by the Subcommittee in executive session. 4.3 Because of the importance of having all members of the review subcommittee present to consider and discuss information at all subcommittee meetings, a quorum of a review subcommittee shall consist of all three regular members and the substitute member of the review subcommittee unless one or more members withdraw from service on the subcommittee due to a conflict or unavailability,in which case a quorum shall consist of all those remaining members. The substitute subcommittee member shall be deemed to be a regular member upon the withdrawal of a regular member due to conflict or unavailability. A regular.or substitute member of the subcommittee shall be deemed to have withdrawn from the subcommittee because of unavailability if the member fails for any reason to be present at any meeting of the subcommittee and the regular members who are present for the meeting unanimously choose to proceed with the meeting in the absence of the regular or substitute member. 4.4 Minutes of the public portions of subcommittee meetings shall be kept by a member of the subcommittee designated by the subcommittee chairperson. Minutes must be approved by a majority of the regular subcommittee members and such approval may occur at a meeting of the subcommittee or at a meeting of the Board. Once approved,the minutes will be filed with the City Clerk's Office. 19 Article V-Subcommittee Procedures 5.1 Selection of Review Subcommittee. The chairperson of the Board shall randomly select four (4) members of the Board to serve on each review subcommittee. The entire Board membership will be in the selection pool for each subcommittee selection process. Upon the chairperson's selection of the members to serve on a review subcommittee,the Fort Collins Police Services liaison will contact each selected member and determine whether or not the member is available and able,without conflict,to serve on the subcommittee. If a member is unable to serve due to unavailability or a conflict,the chairperson will instruct the member to complete and file with the City Clerk a Conflict of Interest Disclosure Statement(form contained in the Boards and Commissions Manual),if applicable,and the chairperson will then notify the next randomly selected member to serve on the subcommittee. No replacement members shall be selected to serve on a subcommittee once the subcommittee has met and considered or discussed information concerning an investigation file. The fast member randomly selected for the subcommittee who is available and able to serve without conflict shall be the review subcommittee chairperson. The first three members randomly selected for the subcommittee who are available and able to serve without conflict shall be the regular members of the subcommittee. The fourth member randomly selected for the subcommittee who is available and able to serve without conflict shall be the substitute subcommittee member. 5.2 Subcommittee Operation. The subcommittee chairperson shall be responsible for scheduling the first meeting of a review subcommittee pursuant to the provisions of Section 1 of Article IV, above. At the time that the subcommittee chairperson schedules the first meeting of the subcommittee,the chairperson will request that the staff liaison for the Board notify any police officers or community service officers who are the focus of a complainant's allegations of misconduct of their rights to request that the review be conducted in open sessions. The subcommittee chairperson, or the chairperson's designee, shall attempt to notify the complainant of any meeting of the subcommittee either by telephone, electronic mail, in writing, or in person. The subcommittee chairperson shall be responsible for ensuring that the work ofthe subcommittee is completed within the time constraints imposed by the City Code. For purposes of complying with those time constraints,the investigatory file shall be deemed to have been submitted to the subcommittee when it has been delivered to the last of the four members of the subcommittee. Each meeting of the review subcommittee shall commence and be conducted in public session except that the subcommittee may adjourn into executive session pursuant to the provisions of Section 2, Article IV,above. Each member of the review subcommittee shall be provided with a copy of the Police Services internal investigation file prior to the first meeting of the subcommittee. Delivery of the file shall be by personal delivery or by delivery to the members' homes or businesses. Each subcommittee member shall maintain the confidentiality of the file at all times, except as otherwise provided herein. At its first meeting,the subcommittee shall commence its review of the internal investigation file and attempt to determine whether it will be necessary to request testimony or additional 20 information from the complainant,witnesses and/or police investigators. 5.3 Role of Substitute Member. The substitute member shall be allowed to participate in subcommittee discussion and questioning during the subcommittee meetings, including executive sessions;however,the substitute member shall only be allowed to move and vote on subcommittee matters ifthe substitute has become a regular subcommittee member.Upon the withdrawal of a regular member from the subcommittee due to conflict or unavailability as defined in Article IV,Section 3 above,the substitute subcommittee member shall become a regular member of the subcommittee. 5.4 Review of Internal Investigation. In reviewing the sufficiency and accuracy of the internal investigation, the review subcommittee shall only consider the information which comes before it or is brought to its attention through the Office of Police Services investigatory file or at a meeting of the subcommittee. Any persons who attempt to provide information to individual members of the subcommittee outside of the meeting of the subcommittee shall be asked bythe contacted subcommittee member to appear at a subcommittee meeting and/or ,provide the information in writing so that the entire subcommittee can make a determination as to whether or not to request that the Office of Police Services further investigate the matter. Any subcommittee member who feels threatened or harassed by any person may report the incident to the Board's staff liaison, Police Services, and the City Attorney's Office. Article VI-Amendments 6.1 These Bylaws may be amended by a two-thirds vote of the entire membership of the Board at any regular meeting provided that notice in writing of such proposed amendment has been given to each Board member at least ten (10) days prior to such meeting or provided that such amendment was read or provided in writing at the last preceding regular meeting of the Board. Adopted this 8th day of February,2006,by the Citizen Review Board. Chairperson 21 ATTACHMENT 4 Natural Resources Advisory Board 2010 Periodic Review Board Representatives: Liz Pruessner, Chairperson Clint Skutchan, Boardmember Staff Liason: Susie Gordon Council Liaison: David Roy ♦ 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 (15 minutes) concerning the responses on the Periodic Review Questionnaire. ♦ Brief (1-2 minutes) summary of Board or Council action needed (if any) BOARDS AND COMMISSIONS PERIODIC REVIEW QUESTIONNAIRE DATE PREPARED: June 28, 2010 BOARD/COMMISSION NAME: Natural Resources Advisory Board LIST OF MEMBERS: Liz Pruessner, Glen Colton, Clint Skutchan, Joe Piesman, Phil Friedman, Steve Ambrose, Ethan Billingsley, Harry Edwards, John Bartholow 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? Yes, the current duties are realistic. No, we don't think that the Board's duties need to be changed. Everything we are tasked with doing seems relevant and covers the topics that we are interested in reviewing. 2. Is the board's workload (annual work plan) too much; too little; about right? Explain. The workload is about right. Sometimes we get pretty busy meeting time-sensitive deadlines and our agenda for some meetings gets a bit over-loaded. But we manage to get through it all. 3. Does the board effectively accomplish its annual work plan? The work plan is always ambitious because it covers a lot of topics that the Board wants to address. We do manage to get the majority of the work done. The trickiest part is coordinating with other Boards. It is difficult to schedule joint meetings, but we have been able to send Board members to attend meetings of other Boards, such as the Air Quality, Water and Electric Boards. Our intent is to continue to prioritize Environmental Sustainability in our work planning. Environmental sustainability is a good area of focus for the NRAB. As the City continues to "embed" these values in the way it does business, the NRAB can help Council determine the environmental focus. 4. Are board meetings conducted in an effective manner? What could be done to improve board meetings? Present chair has done a good job of taking proactive approach and getting projects done, such as the Sustainability Scorecard Memo. 1 On occasion, it can be a challenge to keep the NRAB "on task" and rein in discussions because of members' diverse interests and expertise. Many individuals are highly qualified, with very technical backgrounds. We wind up having some very interesting discussions that are sometimes hard to bring to an end. But having a good agenda does help the process stay on track and the staff is a big part of that. The Natural Resources Department staff is wonderful to work with; their knowledge, skill and competence are just invaluable to our Board. Some of the plans we are asked to comment on have elements that are outside our purview. When we have presentations from staff on projects, we could help them focus on identifying which specific areas need the NRAB's input (e.g., IBC amendments). 5. Is the current size of the board appropriate? Yes. Nine is a good number for this board. We wouldn't want any fewer. Nine members allows for a lot of varied background and expertise. Since the issues in Natural Resources cover a lot of territory it is beneficial to have enough members with different experience that we can draw on to help us respond effectively to the wide range of subjects we face. More than nine members would make the Board unwieldy and it would be difficult to conduct meetings in which everyone was able to voice their opinions as well as come to some sort of consensus. Unfortunately, we have had a lot of turnover in recent years. At times we have had less than nine members for several months. This has been a concern and it has impacted the Board's effectiveness. 6. Are communications between the board and Council effective? What could be done to improve these communications? Well, we hope our communications are effective. We certainly strive to make them effective. We discussed this with our Council liaison earlier this year. NRAB is concerned about whether our input is effective and useful to Council — we'd like to know what would make our communications/memos better. We'd like to know if NRAB is just giving the same input as other boards with which we have some overlap, or whether NRAB has a unique "voice". Some suggestions from Board members: Perhaps our chair could routinely call the Council liaison after monthly meetings to provide updates on the Board's activities (more personal interaction should be encouraged). Maybe we could invite our liaison to attend Board meetings more frequently to get his feedback. It would help energize us. It would help us know when our input has been useful, if the Board could get more feedback from the Council. 2 7. Other comments: The NRAB by-laws should probably be updated. The current revision is dated July 1, 1992 and there have been some significant changes in the way the Board functions. The Board had a lengthy discussion about our purview and current role. Here are some of our comments. Overlap with other boards' purview may be a concern, e.g., Water Board, Electric Board. Would it help (both Council and us) if NRAB should become more specialized? To some extent, the overlap with other boards is good because NRAB has some unique perspectives and NRAB's perspective is by definition very broad. There may be opportunities for us to explore (overlap with other boards). When the Land Board was created, some of the issues that normally came to NRAB no longer were presented to us. That did create something of a hole in our focus for a while. We want to be an effective voice for the environment and natural resource issues for the City of Ft. Collins. We'd like to get Council's view of our role. Is there anything the Council would like from us that they are not getting? Are there specific areas that could use more focus? Thank you for the opportunity to have this discussion with you. Attachments: City Code description of duties Current Work Plan Current Annual Report Current Bylaws 3 Natural Resources Advisory Board Duties Natural Resources Advisory Board 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) 4 Natural Resources Advisory Board 2010 Work Plan 2010 Work Plan for Natural Resources Advisory Board City of Fort Collins TO: Mayor and Fort Collins City Council FROM: Liz Pruessner on behalf of the Natural Resources Advisory Board SUBJECT: Natural Resources Advisory Board 2010 Work Plan DATE: November 24, 2009 This memorandum presents the Natural Resources Advisory Board's (NRAB's) work plan for the year 2010. General actions that we anticipate will be taken by the NRAB in 2010 include the following: • Reviewing City policies and plans for consistency with the community's environmental goals and values through regular meetings and subcommittee meetings; • 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; • Communicating our recommendations to Council through written memoranda and attendance at Council meetings, hearings, and study sessions; • Coordinating activities with other City Boards and Commissions as needed, such as the Air Quality, Electric, Water, Land Conservation and Stewardship and Transportation Advisory Boards, and with Latimer County's Environmental Advisory Board; The work plan identifies items and issues that are scheduled or that we anticipate will be considered by the NRAB during the year 2010, either by the full Board or by Board committees. The NRAB closely monitors Council's six-month planning calendar for upcoming topics on which to provide recommendations. Other relevant 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. Our priority action items are outlined on the following page in the categories of Community Sustainability; Climate Action Plan; Solid Waste/Recycling; Hazardous Waste and Pollution Prevention; Energy Policy and Renewable Energy; Water Resources; Transportation Planning; City Plan update; and Other Natural Resource Issues. 5 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 2010. Sincerely, Liz Pruessner, Chair Natural Resources Advisory Board cc: Darin Atteberry, City Manager John Stokes, Director, Natural Resources Department David Roy, City Council Liaison to the NRAB 6 The NRAB has identified the following issues to be of specific interest over the next year: 1) Community Sustainability Scorecard NRAB plans to develop a special project related to community sustainability. 2) Climate Action Plan NRAB will continue to urge progress on implementation of the Climate Action Plan and assist with current budgeted efforts such as the Community Climate Challenge, energy efficiency programs and Climate Wise enhancements. 3) Solid Waste Reduction[Recycling Work to assist the City in achieving the goal of reducing solid waste into the landfill by 50% by 2010, including the on-going efforts to significantly increase recycling. We will focus on enhanced commercial recycling opportunities (e.g., in bars, liquor stores, gas stations and apartment complexes) and residential yardwaste. 4) Hazardous Waste and Pollution Prevention Review and comment on: hazardous waste, toxic substances, pollution prevention, and remediation programs; community outreach and education, and brownfields projects. 5) Energy Policy/Renewable Energy NRAB will review and comment on renewable energy issues, use of green energy funds, green job growth, energy efficiency and conservation, and energy efficient development, etc. 6) Water Resources Continue to review and comment on policies affecting water quality protection; storm water runoff, impacts of development on runoff quality and raw water supplies, and monitoring and reporting of water quality in Fossil Creek, Spring Creek, and the Poudre River. NRAB will continue to monitor and coordinate with staff and other boards' review of water related projects and issues; e.g., NISP/Glade, City of Fort Collins Water Conservation Plan, Halligan/Seaman Reservoir Expansion/Improvements, Flaming Gorge Reservoir (Wyoming) to Colorado diversions, etc. NRAB also will provide comment and recommendations on the issue of emerging contaminants as well as minimum instream flows in the Cache la Poudre River. 7) Transportation Explore, review and comment on regional and local issues affecting transportation planning; efficient transportation modes such as bicycle, Transfort, and the Mason Street Corridor. Participate in public discussions regarding environmental impacts of regional transportation projects, including I-25, Carpenter Road/SH 392, the Transit Strategic Plan, and other transportation projects that arise. 7 , 8) Active participation in City Plan update NRAB seeks to maximize input into City Plan development, including— if possible membership on development team and/or Steering Committee. 9) Other natural resources issues • Wildlife/human conflict issues • Local agriculture • Resource depletion as it relates to Peak Oil, locally obtained food, transportation affordability and accessibility, water resources, and economic impacts • Community forum on Peak Oil 8 Natural Resources Advisory Board 2009 Annual Report Natural Resources City ®f 215 Mason 6rtCOPI&I[In."D97 Box580 Fort Collins,CO 80521 970.221-6600 970.224-6177-fax fcgov.com MEMORANDUM FROM THE CITY OF FORT COLLINS NATURAL RESOURCES ADVISORY BOARD DATE: January 26, 2010 TO: Mayor and City Council Members FROM: Liz Pruessner on behalf of the Natural Resources Advisory Board SUBJECT: 2009 NRAB Annual Report. In 2009, the City of Fort Collins Natural Resources Advisory(NRAB)held 11 regular meetings,during which 29 agenda items were considered, 13 actions were taken,and 7 memoranda were sent to the City Council. Liz Pruessner and Alan Apt were elected chair and vice-chair respectively. Alan Apt left the NRAB in July, 2009. Clint Skutchan was elected Vice Chair and served in this capacity for the remainder of the year. One NRAB member served on the Bicycle Advisory Committee and another served on the West Nile Virus Task Force. The Board welcomed new member Steve Ambrose in June. Table I outlines NRAB activities in 2009. The Budgeting for Outcomes process occupied much of the discussions during the year. NRAB continued to urge the City to take action to implement the Climate Action Plan and to fund the relevant elements which were outlined in the BFO. Items of particular interest to the Board include: enhancements to the Climate Wise program, the Community Climate Challenge,achieving our solid waste reduction goals,energy efficiency and renewable energy programs, City Internal Sustainability efforts, and enhancing hazardous waste management programs. We also supported the changes to the Electric Service Code and Net Metering. We are eagerly anticipating the rollout of the Smart Meter program to the community. Toward the end of the year we began work on a Community Sustainability Scorecard project which will continue into 2010. We look forward to working with the City to engage the community in this effort. Please feel free to contact me regarding this 2009 Annual Report for the NRAB. Respectfully Submitted, Liz Pruessner, Chair Natural Resources Advisory Board 484-4371 lizpru(a�colostate.edu cc: Darin Attebeny Marty Heffernan John Stokes John Armstrong 9. City of Wit._... Collins Table 1. Summaryof 2009 City of Fort Collins Natural Resources Ad isory Board Accomplishments Date of Regular Topic/Agenda Item Board Action? Memo to Meeting Council? North 1-25 Draft Environmental Impact Statement NO NO Trash Services Study Update NO NO January 21, 2009 Bicycle Advisory Committee, NRAB priorities NO NO 2008 NRAB Annual Report NO Report sent February 18, 2009 Meeting cancelled—no quorum N/A N/A Net metering/City Electric Service Code Changes Yes—Began draft NO memo March 18, 2009 Budgeting for Outcomes: NRAB role in 2010-2011 Yes—Amend Results NO budget process Statement 2 NRAB elections (Chair and Vice-Chair) YES—unanimous NO support Transit Strategic Plan NO NO Climate Action Plan Addendum NO NO April 15, 2009 Electric Service Code Changes YES—unanimous YES support Trash Services Ordinance YES— Unanimous YES support Water Conservation Plan NO NO May 20, 2009 Budgeting for Outcomes: Environmental Health "Request for Results"and NO NO "Results Map" review Hazardous Materials Study Yes—Began draft NO memo June 17, 2009 Northern Integrated Supply Policy(NISP/Glade NO NO Reservoir /Maxwell Ranch Updates BFO process NO NO NO— Support Transit Strategic Plan YES—unanimous conveyed support to CC in July 15, 2009 meeting minutes Code changes related to net metering YES—Passed 6-1 YES Hazardous Materials Study(approval of memo to YES—Passed 6-0 YES City Council) (one abstention August 19, 2009 Climate Action Plan update NO NO Mid-Year Work Plan Review NO NO YES—unanimous YES September 16, 2009 Fort Collins Recommended Budget 2010—2011 support Vice-Chair Election YES NO Stormwater Permit Update NO NO October 21, 2009 Sustainability Programs Update NO NO Community Sustainability Scorecard Project NO NO Discussion YES—Action plan for November 18, 2009 NRAB project ideas: brainstorm Sustainability NO Scorecard Project 2010 Work Plan YES YES December 16, 2009 Green Building Program Updates NO NO 12010 NRAB Work Plan was submitted to City Council via the City Clerks Office. 10 Natural Resources Advisory Board Bylaws 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 Natural Resources Advisory Board. ARTICLE II Obiect and Functions Section 1. The object of this board is to be advisory to the City Council of Fort Collins, Colorado. Its .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 11 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. 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 be 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 fist Wednesday of each month, at 7: 00 p.m. 12 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. 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: 13 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. 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 14 r 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 the 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. ARTICLE X Goals and Obiectives 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 Use/Wildlife 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 15 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, for a specified period of time, by a unanimous vote of all members present at any meeting, and the vote on such suspension shall be taken by yeas and nays and entered in the official record. ADOPTED• November 6 , 1985 REVISED: July 1, 1992 16 ATTACHMENT 5 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. • 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). ATTACHMENT 6 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 infonnal 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 by providing suggestions and relevant information to the City staffinembers responsible forproviding such training. Council liaisons do not normally attendmonthly 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