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HomeMy WebLinkAboutMinutes - Read Before Packet - 11/20/2018 - Memorandum From Delynn Coldiron Re: Leadership Planning Team Minutes - November 19, 2018City Clerk 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6515 970.221-6295 - fax fcgov.com/cityclerk MEMORANDUM DATE: November 19, 2018 TO: Mayor and Councilmembers FROM: Delynn Coldiron, City Clerk RE: Leadership Planning Team (LPT) Meeting Mayor Wade Troxell, Mayor Pro Tem Gerry Horak, City Manager Darin Atteberry, Deputy City Manager Jeff Mihelich, City Attorney Carrie Daggett, Senior Assistant City Manager Kelly DiMartino and City Clerk Delynn Coldiron met on Monday, November 19, and the following summarizes the discussions that began at 7:35 a.m. November 20 Regular Meeting The November 20 agenda was reviewed. • Summary Agenda was amended for the following reasons: o Item 7 – Ordinance number was changed to 137, 2018. o Item 18 – Resolution 2018-112 Adopting the City’s 2019 Legislative Policy Agenda was added. AIS items are attached.  After further discussion, it was noted that this item will be withdrawn at the meeting and moved to December 4 to give staff additional time to finalize things due to the budget reduction for lobbyist work. • Proclamation for Revive Properties – It was noted that the title shown on the Agenda noted North Fort Collins Business Association; should have been Revive Properties. • Contract for Proposed Enlargement of Halligan Reservoir – There was a question about how we consider other alternatives; underground and subsurface water storage were mentioned. There were also questions about the proposed term of the contract and the expected amount; more details are needed. Feedback from the Water Board was also requested. This item will be pulled at tomorrow night’s meeting to allow for additional time to get more detail to Council. It will be rescheduled in a couple of weeks. • Annexations – There was a question about whether all issues related to these have been addressed. Staff is unaware of any lingering concerns. Leadership Planning Team Meeting November 19, 2018 Page 2 of 5 • Staff Report: Income Qualified Assistance Programs – This item is being rescheduled. There was also a question about the requirement that people need to be part of the LEAP program. How does a person access these programs if they are not an electric customer? This item will be added as a SAR. • Budget – o The West Elizabeth Plan ($350K) and the Pedestrian Plan ($150K) are both one-time studies and it was suggested that, if Council desires to add these in, this funding come from reserves. Mid-cycle budget appropriations were also mentioned as a possible funding source. o West Elizabeth Plan – Although funding this plan would provide benefits, it will not get the project to the 30% design required for federal funding. Staff is following up with representatives from the Trump administration to verify qualification requirements for the $20M grants. The need for continued conversations with CSU on this topic was also mentioned. o Pedestrian Plan - It was noted that work on the existing plan is ongoing. Staff is asked to provide an update on what has been accomplished within the existing plan and what work will continue if the plan is not updated. o Power Trail Crossing – There was a question about whether this is now included in the budget. This was confirmed. o GoCo Grant – There was discussion about the cost for the connection work for the I-25 underpass and what would be requested from GoCo; the request is estimated to be $1- $1.5M. • Building Energy and Water Scoring – Protection of utility customer data was briefly discussed. • Skyview GID – There was a question about when this district will sunset. Staff is asked to follow up. Six Month Calendar November 27 • Meadow Springs Ranch Easement – This item needs to be scheduled for Council action. Staff is asked to follow up. December 4 • Appointment of a Council representative to the Mental Health Initiative Policy Committee will be added. Information related to this item is attached. Leadership Planning Team Meeting November 19, 2018 Page 3 of 5 • Midtown BID budget will be added. It was noted that the Midtown BID was approved as part of the November election; good news. This should help bolster and build momentum in south Fort Collins. • PILO agreement with the school district will be added. February 26 • Boards and Commissions item added to the calendar. March 12 • It was noted that this is the week for the National League of Cities conference in Washington, D.C. Staff is asked to reschedule all items. City Clerk Coldiron: • Provided an update on the Council Pay petition. Staff continues to verify signatures; about 2,500 remain. She noted a difficulty in processing due to not having access to registration history and that the County is providing an accommodation to help with this. Our partnership with the County and appreciation for their cooperation was mentioned. • Provided an update on the Council vacancy process; a packet of information will be sent to Council today. An item will be added to the Agenda under Other Business, so Council can discuss. Staff plans to work with the City’s Communications office on marketing, social media and outreach efforts, as well as web updates. Senior Assistant City Manager: • Noted that a historic manhole was found in the riverbed while they were doing Whitewater Park construction. Historic preservation documentation is being required by the State which is expected to delay things for a couple of weeks. Further delays could occur depending on the outcome of the initial review. Key stakeholders should be made aware of this; staff is asked to follow up. • Noted an issue that has occurred with short-term rentals. Some questions have been raised about the building code and fire code requirements in multi-family buildings and on second floor or higher units. A staff team is working on this and more information will be provided as soon as it is available. Deputy City Manager Mihelich: • Noted that staff continues to have good conversations related to bringing a community land trust to Fort Collins. Leadership Planning Team Meeting November 19, 2018 Page 4 of 5 • Noted that the prairie dogs located in Old Town North are being relocated to Cathy Fromme Prairie. There was a question about the capacity at Soapstone to receive prairie dogs. Staff is asked to follow up. • Provided a game day report. o 18 citations issued. o 5 vehicles towed (old Fort Collins High School area). Staff was asked to consider additional means for signage in problem areas for next year; portable electronic signs were noted as a possibility. City Manager Atteberry: • Attended the Ross Proving Up event; really nice. 50-60 people were in attendance. It was suggested that staff give some consideration to whether the Councilmember for the district where an event is being held is able to attend prior to finalizing the event. • Noted an upcoming regional meeting being facilitated by the County. The agenda includes: o County Comprehensive Plan. o Rerouting of US 287. Staff is asked to provide an update on the City’s participation. As well, staff is asked to provide feedback on the items included in Chad Crager’s memo dated November 6 talking about CDOT’s consideration to reroute US 287. Does staff agree with the direction? Are there areas where Council needs to weigh in? What are Loveland and Berthoud doing related to this item? o Measure 1A. o Wasteshed Study Update. o Rountable. There was also conversation around opportunity zones. Staff is asked to provide an update on what the City is doing in this regard. • Noted the City is considering being a co-sponsor on an upcoming Chamber of Commerce event where author Dan Heath will be speaking; the City has co-sponsored this Thought Leader series in prior years. • Noted the Patterson Institute has agreed to facilitate a strategic operations meeting for broadband. It is anticipated this will occur at the beginning of 2019. • Noted ongoing conversations are occurring with the Montava developer related to fees. There was also discussion about conversations that the Land Conservation Stewardship Board is having about this project. Leadership Planning Team Meeting November 19, 2018 Page 5 of 5 Mayor Pro Tem Horak: • Noted that the City Manager monthly report was excellent. • Asked about the memo on natural areas acquisitions, specifically about concerns that having Council involved in all decisions would be difficult due to the number of executive sessions required. Staff is asked to research surrounding jurisdictions to ask them about their experience with this and to provide Council with an update after. • Asked about a letter received from George Bryan regarding the City’s consideration of asking voters to approve a permanent income tax to replace KFCG. Staff is asked to follow up and ensure that a response was sent. Mayor Troxell: • Noted he is doing small business visits tomorrow at Scotch Pines and appreciated staff’s assistance with this. • Noted the Executive Director search for Colorado Municipal League is underway. A public announcement is coming. Meeting adjourned at 9:33 am. Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY November 20, 2018 City Council STAFF Ginny Sawyer, Policy and Project Manager Tyler Marr, Policy and Project Analyst Carrie M. Daggett, Legal SUBJECT Resolution 2018-112 Adopting the City's 2019 Legislative Policy Agenda. EXECUTIVE SUMMARY The purpose of this item is to consider and adopt the City's 2019 Legislative Policy Agenda. Each year the Legislative Review Committee (LRC) develops a legislative agenda to assist in the analysis of pending legislation and regulation. The Legislative Policy Agenda is used as a guide by Council and staff to determine positions on legislation and regulation pending at the state and federal levels and as a general reference for the City's state legislators and congressional delegation. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Legislative Policy Agenda is a guiding document meant to reflect issues that affect the quality of life and governance of our community. It is used as a guide by Council and staff to determine positions on pending legislation, and as a general reference for citizens, community organizations, state legislators and congressional delegation. The 2019 Agenda was developed with input from City staff and reviewed by the Legislative Review Committee. The Policy Agenda is a topic-based set of policy statements meant to convey supporting and opposing positions on issues of local importance that impact quality of life, governance of our community, and strategic objectives. It is designed to address areas of local concern and to reflect the strategic planning and outcome areas that guide City of Fort Collins resource allocation and decision making. The Legislative Policy Agenda also makes reference to the City’s partnering with Colorado Communities for Climate Action, the Colorado Municipal League, the National League of Cities, and the Colorado Association of Municipal Utilities. ATTACHMENTS 1. Legislative Policy Agenda 2019 (draft) (PDF) 2019 2018 Legislative Policy Agenda Adopted November 21, 2017 ATTACHMENT 1 2 TABLE OF CONTENTS Table of Contents ............................................................................... 2 Home Rule and Local Control ................................................................. 6 Affordable Housing .............................................................................. 7 Air Quality ........................................................................................ 7 Beer and Liquor ................................................................................. 8 Broadband and Cable ........................................................................... 8 Climate ........................................................................................... 9 Development Review and Land Use Planning ............................................... 9 Elections ........................................................................................ 10 Energy .......................................................................................... 10 Finance ......................................................................................... 11 Hazardous Materials Management .......................................................... 12 Human Resources ............................................................................. 12 Marijuana ....................................................................................... 13 Municipal Court ................................................................................ 13 Oil and Gas ..................................................................................... 14 Open Records and Data Management ...................................................... 15 Parks and Natural Areas ...................................................................... 15 Public Health .................................................................................. 16 Public Safety ................................................................................... 16 Recycling and Solid Waste Reduction ...................................................... 17 Risk Management and Liability .............................................................. 18 Transportation ................................................................................. 19 Urban Renewal and Downtown Development ............................................. 20 Water, Wastewater, and Stormwater ...................................................... 21 City of Fort Collins Legislative Contacts ................................................... 22 3 INTRODUCTION Fort Collins is a community of 161,000 170,100 residents. Incorporated in 1873, the City has grown to become the commercial, educational and cultural hub of Northern Colorado. The City adopted a home rule charter in 1954 and operates under a Council-Manager form of government. The City is a data-driven municipal organization that strives to fulfill its mission, “Exceptional service for an exceptional community”, through a vision of providing world-class municipal services through operational excellence and a culture of innovation. City leaders seek innovative solutions to issues facing the community and are often willing to leverage emerging technologies. The Fort Collins City Council annually adopts a Legislative Priorities and Legislative Policy Agenda ahead of the upcoming Colorado general Assembly session for the purpose of guiding legislators and staff in supporting community goals. • The Legislative Priorities are broad issues Fort Collins is focused on during the Colorado General Assembly and United States Congress sessions. The Priorities may carry over year to year since they are larger, more challenging issues that may take multi-year work to influence. • The Policy Agenda is broad set of policy statements meant to convey positions on issues that affect the quality of life and the governance of our community. It is structured to address areas of local concern and to also reflect the strategic planning that guides City of Fort Collins organizational resource allocation and decision making. Fort Collins welcomes opportunities to work in partnership to leverage additional resources and participate in regional dialogue to achieve shared outcomes. The City has identified seven outcome areas to ensure appropriate and effective resource allocation supporting the community’s priorities. Outcome areas include Culture and Recreation; Economic Health; Environmental Health; High Performing Government; Neighborhood Livability and Social Health; Safe Community; and Transportation and Mobility. The Policy Agenda identifies this alignment as it is important for City staff to ensure that advocacy supports specific desired outcomes. 4 CITY OF FORT COLLINS LEGISLATIVE REVIEW COMMITTEE The Legislative Review Committee (LRC) is a representative group of Council members that reviews and reacts to proposed legislation on behalf of City Council and the City. In taking a position on bills, the LRC interprets and applies the various policies that are included in the Legislative Policy Agenda. Council Members presently serving on the Legislative Review Committee are: • Councilmember Ken Summers, Chair • Councilmember Ray Martinez • Councilmember Bob Overbeck LEGISLATIVE REVIEW PROCESS Bills introduced in the Colorado General Assembly, United States Congress and federal, state or county regulations or rulemakings are reviewed by City staff or the City’s contract lobbyist. Bills, regulations and rules that are identified as having a potential impact on the City will be brought to the LRC for discussion. If LRC adopts a position, staff and/or lobbyists will convey that information to the appropriate state or federal representative and advocate for the adopted position. Due to the time-sensitive nature of the General Assembly, if a bill’s subject matter is explicitly addressed in this Policy Agenda, staff will proactively work with state and federal representatives to advance the City’s position as expressed in this legislative policy agenda and other Council-adopted plans and policies. Staff will provide regular updates to , while updating the LRC and full City Council regarding bills of consequence to the City, and will consult with the LRC regarding bills for which direction under the adopted policy is unclear. until such time that LRC may take a position. Staff liaisons support the LRC by contributing expertise in various areas of municipal service. The City Attorney’s Office also reviews selected bills and may provide confidential legal analysis. The input offered by staff and the City’s attorneys is invaluable in analyzing impacts of legislative, regulatory and rulemaking proposals to Fort Collins operations and the community. Fort Collins also works with community partners to support local projects and staff collaborates with representatives of other municipalities on mutually-held priorities. Fort Collins actively seeks innovative partnerships to leverage positive outcomes for residents. The City works closely with the Colorado Municipal League (CML) and the National League of Cities (NLC) on many legislative items facing cities. Fort Collins maintains membership with Colorado Association of Municipal Utilities (CAMU) which represents 29 municipal utilities throughout the state on utility issues, Colorado Communities for Climate Action (CC4CA) which represents municipalities on climate issues. In addition, Fort Collins actively participates in various trade organizations which represent specific areas of interest to City operations. 5 In 20189, Fort Collins will partner again with the lobbying firm Bowditch and Cassell to maintain a fulltime presence at the state capitol. 6 2018 LEGISLATIVE POLICY STATEMENTS HOME RULE AND LOCAL CONTROL In order to consider and manage local conditions and desires, community issues and needs should be addressed locally. For this reason, home rule authority is of utmost importance to the City of Fort Collins. The City must be free to regulate local activities that primarily impact the area within the City's boundaries, such as the speed of local traffic or the effects of particular land use developments. The City also understands the accumulative effect of these and other activities have statewide ramifications that may call for statewide regulation, to effectively manage such things as overall growth and development in the state, traffic congestion in major transportation corridors and environmental quality. Therefore, the City: 1. Supports strengthening and preserving home rule authority of municipal governments. 2. Opposes State or Federal intervention in matters of local concern or matters that unnecessarily or adversely affect the City’s ability to manage and operate pursuant to its home rule authority. 3. Opposes changes that increase (and support changes that lessen) the burdens on municipalities associated with public or other government records, establishment of ethics standards and procedures, operation of municipal courts, and other matters of municipal operations or authority. 4. Supports enabling cities to choose the provision of services through private enterprise in a manner that fosters cost effective, sustainable, quality services. 5. Supports local control of the awarding of contracts and the accountability of local officials for those actions. 6. Opposes mandates that increase the complexity and cost of services without improving those services. 6.7. Supports collaborative efforts regional efforts for the benefit of participating communities. 7 AFFORDABLE HOUSING NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH The City recognizes that the affordability and availability of decent quality housing is critical to a vibrant and diverse community. Therefore, the City: 1. Supports maintaining or enhancing current levels of funding for affordable housing throughout Colorado, including expanding the State Low Income Housing Tax Credit program, but not increases to unrelated fees. 2. Supports increasing local government’s ability to regulate, manage or generate alternative sources of funding for affordable housing, including public-private partnerships. 3. Supports stronger amendments to construction defect laws to promote the construction of owner occupied-attached housing. 4. Supports creating an adequate supply of housing for all income levels and continued public and private sector support for these efforts. AIR QUALITY ENVIRONMENTAL HEALTH The City’s Air Quality Plan establishes a strong overall goal to “continually improve Fort Collins air quality.” Therefore, the City: 1. Supports programs and policies that improve public health and air quality, and support rapid attainment of National Ambient Air Quality Standards, including ozone. 2. Supports local government authority to improve air quality beyond minimum State or Federal requirements. 3. Supports adequate authority and resource at all levels of government to enforce air quality regulations. 4. Supports economic incentives, disincentives and other market approaches that promote lower emissions, and fewer carbon-based fuels. 5. Supports strengthening standards for tailpipe emissions, aggregate vehicle emissions and/or fuel economy for all vehicles. Supports programs and policies 8 that promote the use of electric vehicles and the development of infrastructure needed to support the use of those vehicles. BEER AND LIQUOR SAFE COMMUNITY The City issues and renews liquor licenses, enforces license rules, and holds hearings for liquor license violations. Therefore, the City: 1. Supports clarifying the qualifications for what types and purposes a business may obtain and use a state liquor license. 2. Supports definition of a “meal” when calculating the percentage of meals served for a liquor license. BROADBAND AND CABLE ECONOMIC HEALTH Reliable, high-speed, and affordable access to broadband and cable programming throughout the community remains a priority and a long-term goal for the City to ensure our economic vitality and allow for equal access for all residents and businesses. Therefore, the City: 1. Supports maintaining local franchising authority to preserve local governments’ ability to negotiate in the public interest for cable channel space, institutional networks and public education and government programming. 2. Supports allowing communities to offer and/or partner to offer high speed internet, Wi-Fi and other enhanced telecommunication services to residents, schools, academic institutions and businesses. 3. Opposes restrictions on providing telecommunication services within City-owned facilities and on City property, and related restrictions on the manner in which such services may be financed, funded or structured. 4. Opposes infringement on municipalities’ ability to compete in the broadband marketplace. 5. Opposes right of way use contrary to existing aesthetic policies and practices, including the addition of any above ground cabling. 9 CLIMATE ENVIRONMENTAL HEALTH Making communities more resilient to disaster and the effects of a changing climate has become more important to Colorado communities over the last several years as natural disasters have caused significant human and property loss. Fort Collins has adopted aggressive emission reduction goals and supports policies and legislation helping communities and the state to achieve these goals and enhance the environment as detailed in the Climate Action Plan. Therefore, the City: 1. Supports greenhouse gas (GHG) emission reduction targets, planning, and implementation at all levels of government. 2. Supports market-based mechanisms to reduce emissions, including incentives, enabling legislation, and other mechanisms to achieve emissions reductions and increase resiliency in energy, waste reduction, transportation, and water sectors. 3. Supports protection of the Colorado self-audit law. 4. Supports reducing the emission of criteria pollutants. DEVELOPMENT REVIEW AND LAND USE PLANNING ECONOMIC HEALTH, NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH Fort Collins has a well-established development review process, land use and building code; all of which align with local priorities. Therefore, the City: 1. Supports financial compensation for additional work of inspectors through fees or other means. 2. Supports funding for any state mandated inspection requirements. 3. Supports local governments’ authority to determine development review and inspection timelines. 4. Encourages regional cooperation in land use and transportation planning, and foster sustainable development. 5. Supports prohibition to the annexation of land that is located within the boundaries of a Growth Management Area that was legally established by an intergovernmental agreement between a municipality and a county by any municipality not a party to the agreement. 10 6. Supports municipal discretion concerning the imposition of development fees and requirements. ELECTIONS HIGH PERFORMING GOVERNMENT The City of Fort Collins conducts municipal elections in April of odd years and special elections upon initiative referrals. The City is committed to conducting a clear, legal, and trustworthy elections process. Therefore, the City: 1. Supports all efforts that assist the City in conductingto ensure fair and transparent election processes according to the City’s adopted procedures. 2. Supports process improvements that encourage voter participation. ENERGY ECONOMIC HEALTH, ENVIRONMENTAL HEALTH As a municipally-owned electric utility, the City is committed to providing affordable, reliable, and clean energy services to residents and businesses, as detailed in the Energy Policy. Therefore, the City: 1. Supports all efforts that promote energy affordability, safety, and reductions in fossil-fuel generated consumption for residents, businesses and institutions. 2. Supports reductions in environmental damage caused by energy extraction and production. 3. Supports opportunities for energy efficiency, production, and operation in local economies. 4. Opposes barriers to coordinating integrated planning for energy supply and demands. 5. Supports state and federal funding for resilience efforts to mitigate potential energy and climate related disruptions. 11 6. Supports federal and state incentives for renewable energy production, including wind power, and provide for “State Implementation Plan” credits for renewable energy (excluding residential wood burning and corn-based ethanol) and energy efficiency. 7. Opposes attempts to prevent or inhibit provision of municipal electric service in newly annexed areas. 8. Supports smart grid technology adoption and grid modernization. 8. 9. Supports minimizing the environmental impacts of all forms of energy FINANCE HIGH PERFORMING GOVERNMENT Strong fiscal planning, prudent debt management and investment policies, and preservation of the City’s revenue base are vital in maintaining and improving the City’s financial health. Considering the known impacts of legislation on the City’s business community can help foster a stronger tax base and retain a strong quality of life. Therefore, the City: 1. Supports expanding municipal authority to establish alternative funding mechanisms, including financing tools such as public improvement fees (PIF) and certificates of participation (COP). 2. Supports increased funding for K-12 and higher education, specifically Colorado State University and Front Range Community College. 3. Encourages the equitable treatment of sales and use taxes to residents and corporations residing or doing business in Colorado by limiting exemptions. 4. Supports the equitable distribution sales tax collections on e-commerce transactions. 5. Opposes efforts that inhibit the City’s ability to increase its revenue base (sales, use and property taxes). 6. Supports protections that do not unnecessarily restrict the investments of government entities. 12 HAZARDOUS MATERIALS MANAGEMENT SAFE COMMUNITY; ENVIRONMENTAL HEALTH It is an important concern of the City to safeguard Fort Collins’ health and environmental safety by reducing risks from the unauthorized release of hazardous materials or hazardous waste. Therefore, the City: 1. Supports strengthening the enforcement of hazardous materials regulations. 2. Supports increasing diversion of hazardous waste from landfills. 3. Supports greater flexibility and more options for local government in the management of publicly-owned areas thought to have asbestos-containing soils while maintaining responsible site management practices. 4. Support City’s ability to review and approve locations of facilities that use or store hazardous materials or hazardous waste. HUMAN RESOURCES HIGH PERFORMING GOVERNMENT The City of Fort Collins is committed to the health, safety and well-being of its employees. The City works diligently to be efficient and responsible stewards of tax dollars ensuring that employee compensation and benefits are fair, market-based, and competitive. The City believes that its citizens, through their elected representatives on City Council, are in the best position to determine appropriate City employee compensation, benefits, appeal rights related to disciplinary action and policies. Therefore, the City: 1. Supports the City’s ability to make decisions on employment issues, including collective bargaining, arbitration, compensation, appeal rights related to disciplinary action and benefits to further an equitable work environment. 2. Supports expansion to the City’s ability to determine how best to manage health, welfare and wellness services for employees. 3. Supports current state funding levels for police officer death and disability benefits. 4. Opposes proposals that would allow employees and/or retirees with defined contribution plans to move into defined benefit plans if there is a cost to local government. 13 5. Opposes proposals that would limit the City’s ability to test job applicants or employees at work for impairment due to consumption of alcohol, marijuana, or other controlled substances or to set limits related to such testing. MARIJUANA SAFE COMMUNITY After the State’s legalization of medical and recreational marijuana, the City of Fort Collins created local marijuana business licensing programs and adopted ordinances to balance the needs and desires of the community related to legal marijuana. In 2012, Colorado voters approved legalization of medical and recreational marijuana. During the same election, Fort Collins residents voted to approve a citizen referred ballot measure to approve the use of medical marijuana within the city. The City’s of Fort Collins has a licensinglicensing program that supports the state dual-licensing system for medical and recreational marijuana businesses. Therefore, the City: 1. Supports communities’ ability to raise necessary funds to maintain public safety and enforce marijuana possession laws. 2. Supports additional state marijuana enforcement resources, especially for field enforcement. 3. Opposes under-21 access to marijuana. 4. Supports local opt-in provisions regarding new permits and/or licenses. 3.5. Supports re-scheduling of marijuana at the fedreral level to help address safety through research and legal banking, and to reduce conflict between Colorado and federal laws. 4. Supports aligning federal marijuana laws with the Colorado constitution. MUNICIPAL COURT SAFE COMMUNITY; HIGH PERFORMING GOVERNMENT The Fort Collins Municipal Court is responsible for administering the operations of the judicial branch of City government according to the City Charter and ordinances adopted by City Council. Cases adjudicated in Municipal Court include traffic violations, misdemeanors, civil infractions, and civil cases. Generally, cases are brought to Municipal Court by Fort Collins Police Services, Colorado State University Police Department, Animal Control, other City departments, and private citizens. 14 Therefore, the City: 1. Opposes limitations on the authority of municipalities to enforce their own ordinances in municipal courts, and increased procedural requirements or limitations on municipal court proceedings, such asincluding limitations on bonding requirements related to municipal court warrants and sentencing options. 2. Opposes the imposition of state surcharges on municipal court fines for the purpose of funding state programs. 2.3. Opposes any unfunded mandates imposed on municipal courts by the state. 3.4. Opposes the unfunded mandate imposed by CRS Section 13-10-114.5, currently effective 07/01/2018, of having private defense counsel present for first advisements of in-custody defendants rather than continuing to have the Court appoint counsel after advisement if such a request is made by an indigent defendant. OIL AND GAS ENVIRONMENTAL HEALTH Oil and gas extraction activity and associated health and environmental impacts are a concern for Fort Collins. . Fort Collins residents have expressed continuing concern about the human and environmental health impacts from oil and gas operations, particularly from the hydraulic fracturing treatment used on most Colorado wells. In November 2013, voters approved a five-year moratorium on oil and gas extraction in order to study its property value and human health impacts but this was overturned by the State Supreme Court in 2016. Additionally, transported emissions from oil and gas operations outside of City limits have been demonstrated to contribute to ozone formation. Therefore, the City: 1. Supports greater local authority to regulate oil and gas exploration activities within municipal boundaries, including ability to inspect sites, ensure operator compliance, and regulate location of extraction, storage and transmission activities. 2. Supports state, federal, and academic studies evaluating impacts of oil and gas operations on human health and property values. 3. Supports air pollution monitoring, emission characterization and modeling studies to better understand the contributions of the oil and gas industry to air pollution. 4. Supports the current formula allocation of severance tax to impacted jurisdictions so that they might address impacts from resource extraction. 15 5. Supports industry information sharing and collaboration with local governments on the planned development of resources within communities’ Growth Management Areas. 6. Supports legislation that better balances the rights of surface landowners and mineral rights owners. OPEN RECORDS AND DATA MANAGEMENT HIGH PERFORMING GOVERNMENT The City is the collector and keeper of hundreds of datasets and recorded information and is legally bound and responsible for responding to Open Record requests. The City supports transparency and open data initiatives. Therefore, the City: 1. Supports clear requirements that allow for reasonable requests and timeframes to providefor providing information that is legally available. 2. Opposes mandates that include unrealistic timeframes and requests that require additional staff time with no means to recuperate recover costs. 3. Supports cybersecurity efforts that protect the City, consumers, and infrastructure. PARKS AND NATURAL AREAS ENVIRONMENTAL HEALTH; CULTURE AND RECREATION The City is committed to providing the community with excellent natural areas, parks and recreation services and facilities. Our citizens enjoy a better quality of life, improved health, less crime and a greater sense of community because of our quality natural areas, parks and recreation programs. Therefore, the City: 1. Supports maintaining or enhancing funding for parks, trails, forestry, horticulture, natural areas, and recreation services and facilities. 2. Supports local discretion to use Great Outdoors Colorado and other sources for funding municipal government projects addressing local needs and priorities. 3. Supports equal or greater funding levels of Great Outdoors Colorado grants awarded to municipalities 16 4. Supports maintaining or enhancing tax incentives to private landowners for voluntary land conservation. 5. Supports additional funding for conservation programs, including reinstating Colorado Parks and Wildlife license fees to at least 2005 levels. 6.5. Supports protection of the Cache la Poudre River and local urban streams. PUBLIC HEALTH SAFE COMMUNITY; NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH The City of Fort Collins strives to be a welcoming and inclusive community for all, including residents who may be experiencing the challenges of homelessness, mental health issues, addiction, depression, and other challenging life situations. Therefore, the City: 1. Supports maintaining or increasing the funds available through the state and federal government for community-focused non-profits to provide human services and housing support. 2. Supports providing communities with resources to address chronic homelessness, supportive housing, mental health, and substance abuse, including tobacco prevention programs. 3. Supports a standardized statewide approach to addressing homelessness. 4. Supports statewide efforts to enforce retail tobacco sales compliance. PUBLIC SAFETY SAFE COMMUNITY The Fort Collins City Council recognizes the critical importance of maintaining public safety, providing a safe environment, and protecting the lives and property of the citizens of Fort Collins on a daily basis as well as through preparedness and resiliency planning efforts. Therefore, the City: 1. Supports greater protections to victims of crime. 2. Supports the City’s right to use camera enforcement of traffic laws, reduce operational restrictions on the use of camera enforcement, and increases the fines associated with violations. 17 3. Supports protocols and funding for shared, statewide emergency response communications, including supporting Larimer Emergency Telephone Authority (LETA) and other efforts to resolve the 911 redundancy diversity issues, such as through and the addition of an additional 911 provider. 3.4. Opposes increased 911 provider tariffs without clear documentation of cost needs. 4.5. Opposes initiatives that have the potential to compromise officer safety. 5.6.Supports minimum training criteria and professional mediator certification that formally legitimizes the field of Alternative Dispute Resolution (ADR). 6.7. Supports maintenance of a statewide database of concealed weapons permits. 7.8. Opposes municipal liability for prisoners’ self-inflicted wounds while in police custody or detention facilities. 8.9. Opposes efforts to undermine local control or enforcement of activities on public property. 9.10. Supports a state fire code, the code of choice being the International Building and Fire Code, and allowing municipalities to adopt their own amendments. 10.11. Opposes limits to local enforcement of the International Fire Code as adopted with local amendments, imposing inspection requirements or preventing collection of permit or inspection fees as required by the local jurisdiction. 11.12. Opposes restricting any local jurisdiction from requiring the installation of fire sprinklers. 12.13. Supports the City’s ability to prohibit the use and sale of fireworks and allow counties and fire districts to prohibit and otherwise control fireworks within City boundaries. 13.14. Supports efforts to reduce abuse and improper disposal of over-the-counter and prescription drugs. 14.15. Supports exclusive digital communication networks for public safety personnel during emergencies. RECYCLING AND SOLID WASTE REDUCTION ENVIRONMENTAL HEALTH The City of Fort Collins endorses a multi-pronged approach to waste minimization that includes recycling, re-use, composting, and source reduction, and which also applies Sustainable Materials Management principles such as redesigning systems to reduce 18 pollution and waste. Additionally, the City has adopted a goal of diverting 75 percent of community waste by 2020; 90 percent by 2025, and 100 percent by 2030. Therefore, the City: 1. Encourages integrated, sustainable waste management planning and implementation policy, including but not limited to the creation of centralized data collection requirements and formal statewide diversion targetsa state waste diversion goal. 2. Supports a regulatory authority role for local government to ensure the efficient management of recyclable material and solid waste, including application of laws that prescribe the use of county-funded disposal facilities for certain types of wastes, and other local bans on landfill disposal for certain types of debris. 3. Encourages “buy recycled” or “environmentally preferable purchasing” policies for government agency procurement. 4. Supports incentives and funding for programs that promote waste reduction, reuse and recycling, and development of related infrastructure. 5. Supports continued or increased funding for programs to collect and monitor data on trash volumes, rates of diversion from landfill disposal and economic impacts of recycling. 6. Supports greater producer responsibility initiatives, such as “take back” regulations that assist consumers to appropriately recycle packaging materials or certain products (e.g., cardboard and expanded polystyrene packaging, single-use plastic shopping bags, electronic equipment or mattresses). 7. Opposes CRS Section 25-17-104, which currently limits local authority to regulate packaging materials (e.g., single-use plastic bags). 8. Supports establishing a refundable deposit fee on beverage containers to increase recovery rates and that would be used to pay for recycling programs. 9. Supports state and regional tax incentives for existing and new businesses that provide end markets for recycled materials in support of a domestic, circular economy. RISK MANAGEMENT AND LIABILITY HIGH PERFORMING GOVERNMENT The City of Fort Collins recognizes the dual purpose of the workers’ compensation system – providing benefits promptly to injured employees in a cost-effective manner and minimizing costly litigation. Council also recognizes that the City’s self-insurance 19 program is a cost-efficient method to insure workers’ compensation and that government intervention or taxation can negatively impact the City. Therefore, the City: 1. Supports improving administrative efficiency of the Division of Workers’ Compensation. 2. Opposes increased insurance premium costs to employers. 3. Opposes administrative burdens or taxes to self-insurance programs. 4. Supports limits to insurance claim litigation. 5. Opposes limiting the City’s options and ability to manage workers’ compensation claims; including actions like removing existing off-sets to workers’ compensation benefits or limiting the City’s ability to designate treating physicians. 6. Opposes efforts to presumptively expand workers’ compensation coverage to illnesses or injuries that are not work related. 6.7. Opposes efforts to reduce or weaken protections against liability through governmental immunity or other statutory provisions. TRANSPORTATION TRANSPORTATION AND MOBILITY The City actively promotes the safety and ease of traveling to, from and throughout the community using a variety of modes of transportation. Additionally, the City’s policy is to encourage the use of bicycling, transit and walking alternative transportation whenever appropriate. Therefore, the City: 1. Opposes reductions to the present allocation formula of 60 percent state, 22 percent counties, and 18 percent municipalities for Highway User Tax Fund (HUTF) or any appropriations from the state using the same formula. 2. Supports alternative methods of funding transportation infrastructure needs. 3. Support funding the analysis and implementation of inter- and intra-regional transit linkages, including future commuter rail connectivity. 4. Encourages flexibility in federal funding and regulations in order to better meet the needs of small to medium-size communities. 20 5. Supports guaranteed levels of federal funding for transportation and allocation of all federal motor fuel taxes and other federal transportation trust funds for their intended transportation purposes. 6. Supports broadening the definition of the gasoline tax to a “fuel tax” that encompasses other fuel options as they become more prevalent. 7. Supports enhanced ability to implement railroad quiet zones in municipalities and a reduction in train horn decibel and duration requirements. 8. Opposes divesting highway roads in urban areas from the state and making them the sole responsibility of local jurisdictions. 9. Supports safe operation of railroads through timely track inspections, joint training and communication between railroad and emergency personnel, and the use of safe equipment. 10. Supports funding for the build out of Interstate 25 improvements, which may include a ballot measure. 11. Opposes reductions in federal dollars for bicycling, transit and walkingalternate travel modes. 11.12. Supports local control of public roads, pedestrian paths, and bike lanes to address emerging modes of transportation. URBAN RENEWAL AND DOWNTOWN DEVELOPMENT ECONOMIC HEALTH The state of Colorado has empowered local authorities to use Urban Renewal Authorities (URA) and Downtown Development Authorities (DDA) to encourage downtown revitalization and the elimination of blight. The main funding tool for URAs and DDAs is Tax Increment Financing (TIF) generated through property taxes. In its best intention, urban renewal and downtown revitalization restores economic vitality and improves the safety of a designated area, with limited financial impact to other government jurisdictions. Therefore, the City: 1. Opposes limitations on municipalities’ ability to utilize financing mechanisms such as TIF or Metro Districts. 2. Opposes efforts to allow increase influence of non-City jurisdictions to have influence over the use of TIF within City limits. 3. Supports maintaining the ability of downtown development authorities to utilize the full offering of urban renewal tools and powers provided in the DDA Act. 21 WATER, WASTEWATER, AND STORMWATER ENVIRONMENTAL HEALTH; SAFE COMMUNITY The City operates a water, wastewater, and stormwater utility in a financially sound, reliable, safe, and environmentally acceptable manner. The availability of water supplies is critical to this mission and is managed by both the Water Demand and Supply Policy, and the Water Efficiency Plan. Therefore, the City: 1. Supports expanding the authority delegated to the state to administer federally mandated water, stormwater and wastewater environmental regulatory programs. 2. Supports reasonable water quality regulations that are cost effective and can show identifiable benefits. 3. Supports municipal flexibility to manage in-stream flows to preserve or improve the natural environment of the stream while protecting the integrity of Colorado’s appropriation doctrine and City water supply. 4. Opposes unfunded mandates. 5. Opposes barriers to financing for water conservation projects. 6. Supports funding for the recovery and treatment of the Cache la Poudre and other waterways impacted by natural disasters. 7. Supports enhanced municipal authority to protect and increase the flexibility and resiliency of its water supply under Colorado’s appropriation doctrine without adversely affecting in-stream flows or the natural environment of the stream. 8. Supports streamlining federal and state permitting requirements for water development projects that increase coordination between permitting agencies, reduces administrative and financial burdens on permit applicants, and ensures robust and enforceable environmental protections. 9. Supports the enlargement of Halligan Reservoir as a common-sense, cost-effective, and environmentally beneficial approach to meet Fort Collins’ future water supply needs. 22 CITY OF FORT COLLINS LEGISLATIVE CONTACTS Legislative Review Committee Name District/Title Email Phone Councilmember Ken Summers, Chair District 3 ksummers@fcgov.com (970) 221-6878 Councilmember Ray Martinez District 2 raymartinez@fcgov.com (970) 690 3686 Councilmember Bob Overbeck District 1 boverbeck@fcgov.com (970) 221-6917 Darin Atteberry City Manager datteberry@fcgov.com (970) 221-6505 Jeff Mihelich Deputy City Manager jmihelich@fcgov.com (970) 416-2899 Carrie Daggett City Attorney cdaggett@fcgov.com (970) 416-2463 Ginny Sawyer Tyler Marr Legislative Staff gsawyer@fcgov.com tmarr@fcgov.com (970) 224-6094 (970) 416-4205 Legislative Staff Liaison Members Topic Area Name Title Email Phone Affordable Housing and Social Sustainability Beth Sowder Social Sustainability Director bsowder@fcgov.co m (970) 221-6752 Air Quality Cassie Archuleta Environmental Program Manager carchuleta@fcgov.c om Broadband Colman Keane Broadband Director ckeane@fcgov.com (610) 224-6001 Cable Television Franchise Carson Hamlin Cable Television Manager chamlin@fcgov.com (970) 221-6510 Climate Lindsay Ex Environmental Program Manager lex@fcgov.com (970)224-6143 Environmental Protection Lucinda Smith Environmental Services Director lsmith@fcgov.com (970) 224-6085 Elections, Liquor and Marijuana Licensing Delynn Coldiron City Clerk dcoldiron@fcgov.co m (970) 416-2995 Cultural Services, Parks and 23 Energy Tim McCollough, John Phelan Light and Power, Operations ManagerDeputy Utilities Director Resource ConservationEnergy Services, Senior Manager tmccollough@fcgov. com jphelan@fcgov.com (970) 416-2622 (970) 416-2539 Finance Mike Beckstead Chief Financial Officer mbeckstead@fcgov. com (970) 221-6795 Economic Health Josh Birks Economic Health Director jbirks@fcgov.com (970) 221-6324 Legislative Staff Liaison Members Fire Protection and HAZMAT Mgmt Bob Poncelow Division Chief, Poudre Fire Authority bponcelow@poudre- fire.org (970) 416-2871 Human Resources Janet Miller Assistant Human Resources Director jamiller@fcgov.com (970) 221-6826 Natural Areas, Open Lands and Cache la Poudre River Issues John Stokes Natural Areas Director jstokes@fcgov.com (970) 221-6263 Building Services Russ Hovland Chief Building Official rhovland@fcgov.co m (970) 416-2341 Planning and Land Use Tom Leeson Community Development and Neighborhood Services Director tleeson@fcgov.com (970) 221-6287 24 Transportation Deputy Director Utilities Customer ServiceConnecti ons Lisa Rosintoski Utility Customer Connections, Manager Deputy Utilities Director lrosintoski@fcgov.c om (970) 416-2432 Water Supply and Quality Carol Webb Water Resource and Treatment Operations, Deputy Utilities Director Manager cwebb@fcgov.com (970) 221-6231 -1- RESOLUTION 2018-112 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE CITY’S 2019 LEGISLATIVE POLICY AGENDA WHEREAS, state and federal legislation may impact the citizens of Fort Collins, affecting their quality of life; and WHEREAS, such state and federal legislation may also influence or impact the operations of municipal governments, including the City; and WHEREAS, the City has an interest in providing input on proposed legislation; and WHEREAS, Councilmembers and City staff are asked to state the City’s policy position on legislation; and WHEREAS, in addition, on occasion the City has an interest in providing input on proposed county, state and federal regulations; and WHEREAS, establishing the City’s policy position assists the members of the Legislative Review Committee in their review of, and response to, these matters, and assists City staff in communicating and advocating the City’s policy position on the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the policy statements contained in the attached 2019 Legislative Policy Agenda accurately reflect the City’s policies on these issues. Section 3. That the City Council hereby adopts the 2019 Legislative Policy Agenda attached hereto as Exhibit “A” and incorporated herein by this reference. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of November, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk 2019 Legislative Policy Agenda EXHIBIT A 2 TABLE OF CONTENTS Table of Contents ............................................................................... 2 Home Rule and Local Control ................................................................. 6 Affordable Housing .............................................................................. 7 Air Quality ........................................................................................ 7 Beer and Liquor ................................................................................. 8 Broadband and Cable ........................................................................... 8 Climate ........................................................................................... 9 Development Review and Land Use Planning ............................................... 9 Elections ........................................................................................ 10 Energy .......................................................................................... 10 Finance ......................................................................................... 11 Hazardous Materials Management .......................................................... 12 Human Resources ............................................................................. 12 Marijuana ....................................................................................... 13 Municipal Court ................................................................................ 13 Oil and Gas ..................................................................................... 14 Open Records and Data Management ...................................................... 15 Parks and Natural Areas ...................................................................... 15 Public Health .................................................................................. 16 Public Safety ................................................................................... 16 Recycling and Solid Waste Reduction ...................................................... 17 Risk Management and Liability .............................................................. 18 Transportation ................................................................................. 19 Urban Renewal and Downtown Development ............................................. 20 Water, Wastewater, and Stormwater ...................................................... 20 City of Fort Collins Legislative Contacts ................................................... 22 INTRODUCTION 3 Fort Collins is a community of 170,100 residents. Incorporated in 1873, the City has grown to become the commercial, educational and cultural hub of Northern Colorado. The City adopted a home rule charter in 1954 and operates under a Council-Manager form of government. The City is a data-driven municipal organization that strives to fulfill its mission, “Exceptional service for an exceptional community”, through a vision of providing world-class municipal services through operational excellence and a culture of innovation. City leaders seek innovative solutions to issues facing the community and are often willing to leverage emerging technologies. The Fort Collins City Council annually adopts a Legislative Policy Agenda ahead of the upcoming Colorado general Assembly session for the purpose of guiding legislators and staff in supporting community goals. • The Policy Agenda is broad set of policy statements meant to convey positions on issues that affect the quality of life and the governance of our community. It is structured to address areas of local concern and to also reflect the strategic planning that guides City of Fort Collins organizational resource allocation and decision making. Fort Collins welcomes opportunities to work in partnership to leverage additional resources and participate in regional dialogue to achieve shared outcomes. The City has identified seven outcome areas to ensure appropriate and effective resource allocation supporting the community’s priorities. Outcome areas include Culture and Recreation; Economic Health; Environmental Health; High Performing Government; Neighborhood Livability and Social Health; Safe Community; and Transportation and Mobility. The Policy Agenda identifies this alignment as it is important for City staff to ensure that advocacy supports specific desired outcomes. 4 CITY OF FORT COLLINS LEGISLATIVE REVIEW COMMITTEE The Legislative Review Committee (LRC) is a representative group of Council members that reviews and reacts to proposed legislation on behalf of City Council and the City. In taking a position on bills, the LRC interprets and applies the various policies that are included in the Legislative Policy Agenda. Council Members presently serving on the Legislative Review Committee are: • Councilmember Ken Summers, Chair • Councilmember Ray Martinez • Councilmember Bob Overbeck LEGISLATIVE REVIEW PROCESS Bills introduced in the Colorado General Assembly, United States Congress and federal, state or county regulations or rulemakings are reviewed by City staff or the City’s contract lobbyist. Bills, regulations and rules that are identified as having a potential impact on the City will be brought to the LRC for discussion. If LRC adopts a position, staff and/or lobbyists will convey that information to the appropriate state or federal representative and advocate for the adopted position. Due to the time-sensitive nature of the General Assembly, if a bill’s subject matter is explicitly addressed in this Policy Agenda, staff will proactively work with state and federal representatives to advance the City’s position as expressed in this legislative policy agenda and other Council-adopted plans and policies. Staff will provide regular updates to the LRC and full City Council regarding bills of consequence to the City, and will consult with the LRC regarding bills for which direction under the adopted policy is unclear. Staff liaisons support the LRC by contributing expertise in various areas of municipal service. The City Attorney’s Office also reviews selected bills and may provide confidential legal analysis. The input offered by staff and the City’s attorneys is invaluable in analyzing impacts of legislative, regulatory and rulemaking proposals to Fort Collins operations and the community. Fort Collins also works with community partners to support local projects and staff collaborates with representatives of other municipalities on mutually-held priorities. Fort Collins actively seeks innovative partnerships to leverage positive outcomes for residents. The City works closely with the Colorado Municipal League (CML) and the National League of Cities (NLC) on many legislative items facing cities. Fort Collins maintains membership with Colorado Association of Municipal Utilities (CAMU) which represents 29 municipal utilities throughout the state on utility issues, Colorado Communities for Climate Action (CC4CA) which represents municipalities on climate issues. In addition, Fort Collins actively participates in various trade organizations which represent specific areas of interest to City operations. 5 In 2019, Fort Collins will partner again with the lobbying firm Bowditch and Cassell to maintain a fulltime presence at the state capitol. 6 2018 LEGISLATIVE POLICY STATEMENTS HOME RULE AND LOCAL CONTROL In order to consider and manage local conditions and desires, community issues and needs should be addressed locally. For this reason, home rule authority is of utmost importance to the City of Fort Collins. The City must be free to regulate local activities that primarily impact the area within the City's boundaries, such as the speed of local traffic or the effects of particular land use developments. The City also understands the accumulative effect of these and other activities have statewide ramifications that may call for statewide regulation, to effectively manage such things as overall growth and development in the state, traffic congestion in major transportation corridors and environmental quality. Therefore, the City: 1. Supports strengthening and preserving home rule authority of municipal governments. 2. Opposes State or Federal intervention in matters of local concern or matters that unnecessarily or adversely affect the City’s ability to manage and operate pursuant to its home rule authority. 3. Opposes changes that increase (and support changes that lessen) the burdens on municipalities associated with public or other government records, establishment of ethics standards and procedures, operation of municipal courts, and other matters of municipal operations or authority. 4. Supports enabling cities to choose the provision of services through private enterprise in a manner that fosters cost effective, sustainable, quality services. 5. Supports local control of the awarding of contracts and the accountability of local officials for those actions. 6. Opposes mandates that increase the complexity and cost of services without improving those services. 7. Supports collaborative regional efforts for the benefit of participating communities. 7 AFFORDABLE HOUSING NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH The City recognizes that the affordability and availability of quality housing is critical to a vibrant and diverse community. Therefore, the City: 1. Supports maintaining or enhancing current levels of funding for affordable housing throughout Colorado, including expanding the State Low Income Housing Tax Credit program, but not increases to unrelated fees. 2. Supports increasing local government’s ability to regulate, manage or generate alternative sources of funding for affordable housing, including public-private partnerships. 3. Supports stronger amendments to construction defect laws to promote the construction of owner occupied-attached housing. 4. Supports creating an adequate supply of housing for all income levels and continued public and private sector support for these efforts. AIR QUALITY ENVIRONMENTAL HEALTH The City’s Air Quality Plan establishes a strong overall goal to “continually improve Fort Collins air quality.” Therefore, the City: 1. Supports programs and policies that improve public health and air quality, and support rapid attainment of National Ambient Air Quality Standards, including ozone. 2. Supports local government authority to improve air quality beyond minimum State or Federal requirements. 3. Supports adequate authority and resource at all levels of government to enforce air quality regulations. 4. Supports economic incentives, disincentives and other market approaches that promote lower emissions, and fewer carbon-based fuels. 5. Supports strengthening standards for tailpipe emissions, aggregate vehicle emissions and/or fuel economy for all vehicles. Supports programs and policies that promote the use of electric vehicles and the development of infrastructure needed to support the use of those vehicles. 8 BEER AND LIQUOR SAFE COMMUNITY The City issues and renews liquor licenses, enforces license rules, and holds hearings for liquor license violations. Therefore, the City: 1. Supports clarifying the qualifications for what types and purposes a business may obtain and use a state liquor license. 2. Supports definition of a “meal” when calculating the percentage of meals served for a liquor license. BROADBAND AND CABLE ECONOMIC HEALTH Reliable, high-speed, and affordable access to broadband and cable programming throughout the community remains a priority and a long-term goal for the City to ensure our economic vitality and allow for equal access for all residents and businesses. Therefore, the City: 1. Supports maintaining local franchising authority to preserve local governments’ ability to negotiate in the public interest for cable channel space, institutional networks and public education and government programming. 2. Supports allowing communities to offer and/or partner to offer high speed internet, Wi-Fi and other enhanced telecommunication services to residents, schools, academic institutions and businesses. 3. Opposes restrictions on providing telecommunication services within City-owned facilities and on City property, and related restrictions on the manner in which such services may be financed, funded or structured. 4. Opposes infringement on municipalities’ ability to compete in the broadband marketplace. 5. Opposes right of way use contrary to existing aesthetic policies and practices, including the addition of any above ground cabling. 9 CLIMATE ENVIRONMENTAL HEALTH Making communities more resilient to disaster and the effects of a changing climate has become more important to Colorado communities over the last several years as natural disasters have caused significant human and property loss. Fort Collins has adopted aggressive emission reduction goals and supports policies and legislation helping communities and the state to achieve these goals and enhance the environment as detailed in the Climate Action Plan. Therefore, the City: 1. Supports greenhouse gas (GHG) emission reduction targets, planning, and implementation at all levels of government. 2. Supports market-based mechanisms to reduce emissions, including incentives, enabling legislation, and other mechanisms to achieve emissions reductions and increase resiliency in energy, waste reduction, transportation, and water sectors. 3. Supports protection of the Colorado self-audit law. 4. Supports reducing the emission of criteria pollutants. DEVELOPMENT REVIEW AND LAND USE PLANNING ECONOMIC HEALTH, NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH Fort Collins has a well-established development review process, land use and building code; all of which align with local priorities. Therefore, the City: 1. Supports financial compensation for additional work of inspectors through fees or other means. 2. Supports funding for any state mandated inspection requirements. 3. Supports local governments’ authority to determine development review and inspection timelines. 4. Encourages regional cooperation in land use and transportation planning, and foster sustainable development. 5. Supports prohibition to the annexation of land that is located within the boundaries of a Growth Management Area that was legally established by an intergovernmental agreement between a municipality and a county by any municipality not a party to the agreement. 10 6. Supports municipal discretion concerning the imposition of development fees and requirements. ELECTIONS HIGH PERFORMING GOVERNMENT The City of Fort Collins conducts municipal elections in April of odd years and special elections upon initiative referrals. The City is committed to conducting a clear, legal, and trustworthy elections process. Therefore, the City: 1. Supports all efforts that assist the City in conducting fair and transparent election processes according to the City’s adopted procedures. 2. Supports process improvements that encourage voter participation. ENERGY ECONOMIC HEALTH, ENVIRONMENTAL HEALTH As a municipally-owned electric utility, the City is committed to providing affordable, reliable, and clean energy services to residents and businesses, as detailed in the Energy Policy. Therefore, the City: 1. Supports efforts that promote energy affordability, safety, and reductions in fossil- fuel generated consumption for residents, businesses and institutions. 2. Supports reductions in environmental damage caused by energy extraction and production. 3. Supports opportunities for energy efficiency, production, and operation in local economies. 4. Opposes barriers to coordinating integrated planning for energy supply and demands. 5. Supports state and federal funding for resilience efforts to mitigate potential energy and climate related disruptions. 11 6. Supports federal and state incentives for renewable energy production, including wind power, and provide for “State Implementation Plan” credits for renewable energy (excluding residential wood burning and corn-based ethanol) and energy efficiency. 7. Opposes attempts to prevent or inhibit provision of municipal electric service in newly annexed areas. 8. Supports smart grid technology adoption and grid modernization. 9. Supports minimizing the environmental impacts of all forms of energy. 10. FINANCE HIGH PERFORMING GOVERNMENT Strong fiscal planning, prudent debt management and investment policies, and preservation of the City’s revenue base are vital in maintaining and improving the City’s financial health. Considering the known impacts of legislation on the City’s business community can help foster a stronger tax base and retain a strong quality of life. Therefore, the City: 1. Supports expanding municipal authority to establish alternative funding mechanisms, including financing tools such as public improvement fees (PIF) and certificates of participation (COP). 2. Supports increased funding for K-12 and higher education, specifically Colorado State University and Front Range Community College. 3. Encourages the equitable treatment of sales and use taxes to residents and corporations residing or doing business in Colorado by limiting exemptions. 4. Supports the equitable distribution sales tax collections on e-commerce transactions. 5. Opposes efforts that inhibit the City’s ability to increase its revenue base (sales, use and property taxes). 6. Supports protections that do not unnecessarily restrict the investments of government entities. 12 HAZARDOUS MATERIALS MANAGEMENT SAFE COMMUNITY; ENVIRONMENTAL HEALTH It is an important concern of the City to safeguard Fort Collins’ health and environmental safety by reducing risks from the unauthorized release of hazardous materials or hazardous waste. Therefore, the City: 1. Supports strengthening the enforcement of hazardous materials regulations. 2. Supports increasing diversion of hazardous waste from landfills. 3. Supports greater flexibility and more options for local government in the management of publicly-owned areas thought to have asbestos-containing soils while maintaining responsible site management practices. 4. Support City’s ability to review and approve locations of facilities that use or store hazardous materials or hazardous waste. HUMAN RESOURCES HIGH PERFORMING GOVERNMENT The City of Fort Collins is committed to the health, safety and well-being of its employees. The City works diligently to be efficient and responsible stewards of tax dollars ensuring that employee compensation and benefits are fair, market-based, and competitive. The City believes that its citizens, through their elected representatives on City Council, are in the best position to determine appropriate City employee compensation, benefits, appeal rights related to disciplinary action and policies. Therefore, the City: 1. Supports the City’s ability to make decisions on employment issues, including collective bargaining, arbitration, compensation, appeal rights related to disciplinary action and benefits to further an equitable work environment. 2. Supports expansion to the City’s ability to determine how best to manage health, welfare and wellness services for employees. 3. Supports current state funding levels for police officer death and disability benefits. 4. Opposes proposals that would allow employees and/or retirees with defined contribution plans to move into defined benefit plans if there is a cost to local government. 13 5. Opposes proposals that would limit the City’s ability to test job applicants or employees at work for impairment due to consumption of alcohol, marijuana, or other controlled substances or to set limits related to such testing. MARIJUANA SAFE COMMUNITY After the State’s legalization of medical and recreational marijuana, the City of Fort Collins created local marijuana business licensing programs and adopted ordinances to balance the needs and desires of the community related to legal marijuana. The City’s licensing program supports the state dual-licensing system for medical and recreational marijuana businesses. Therefore, the City: 1. Supports communities’ ability to raise necessary funds to maintain public safety and enforce marijuana possession laws. 2. Supports additional state marijuana enforcement resources, especially for field enforcement. 3. Opposes under-21 access to marijuana. 4. Supports local opt-in provisions regarding new permits and/or licenses. 5. Supports re-scheduling of marijuana at the federal level to help address safety through research and legal banking, and to reduce conflict between Colorado and federal laws. MUNICIPAL COURT SAFE COMMUNITY; HIGH PERFORMING GOVERNMENT The Fort Collins Municipal Court is responsible for administering the operations of the judicial branch of City government according to the City Charter and ordinances adopted by City Council. Cases adjudicated in Municipal Court include traffic violations, misdemeanors, civil infractions, and civil cases. Generally, cases are brought to Municipal Court by Fort Collins Police Services, Colorado State University Police Department, Animal Control, other City departments, and private citizens. Therefore, the City: 1. Opposes limitations on the authority of municipalities to enforce their own ordinances in municipal courts, and increased procedural requirements or 14 limitations on municipal court proceedings, such as limitations on bonding requirements related to municipal court warrants and sentencing options. 2. Opposes the imposition of state surcharges on municipal court fines for the purpose of funding state programs. 3. Opposes any unfunded mandates imposed on municipal courts by the state. OIL AND GAS ENVIRONMENTAL HEALTH Oil and gas extraction activity and associated health and environmental impacts are a concern for Fort Collins. Fort Collins residents have expressed continuing concern about the human and environmental health impacts from oil and gas operations, particularly from the hydraulic fracturing treatment used on most Colorado wells. In November 2013, voters approved a five-year moratorium on oil and gas extraction in order to study its property value and human health impacts but this was overturned by the State Supreme Court in 2016. Additionally, transported emissions from oil and gas operations outside of City limits have been demonstrated to contribute to ozone formation. Therefore, the City: 1. Supports greater local authority to regulate oil and gas exploration activities within municipal boundaries, including ability to inspect sites, ensure operator compliance, and regulate location of extraction, storage and transmission activities. 2. Supports state, federal, and academic studies evaluating impacts of oil and gas operations on human health and property values. 3. Supports air pollution monitoring, emission characterization and modeling studies to better understand the contributions of the oil and gas industry to air pollution. 4. Supports the current formula allocation of severance tax to impacted jurisdictions so that they might address impacts from resource extraction. 5. Supports industry information sharing and collaboration with local governments on the planned development of resources within communities’ Growth Management Areas. 6. Supports legislation that balances the rights of surface landowners and mineral rights owners. 15 OPEN RECORDS AND DATA MANAGEMENT HIGH PERFORMING GOVERNMENT The City is the collector and keeper of hundreds of datasets and recorded information and is legally bound and responsible for responding to Open Record requests. The City supports transparency and open data initiatives. Therefore, the City: 1. Supports clear requirements that allow for reasonable requests and timeframes to provide information that is legally available. 2. Opposes mandates that include unrealistic timeframes and requests that require additional staff time with no means to recover costs. 3. Supports cybersecurity efforts that protect the City, consumers, and infrastructure. PARKS AND NATURAL AREAS ENVIRONMENTAL HEALTH; CULTURE AND RECREATION The City is committed to providing the community with excellent natural areas, parks and recreation services and facilities. Our citizens enjoy a better quality of life, improved health, less crime and a greater sense of community because of our quality natural areas, parks and recreation programs. Therefore, the City: 1. Supports maintaining or enhancing funding for parks, trails, forestry, horticulture, natural areas, and recreation services and facilities. 2. Supports local discretion to use Great Outdoors Colorado and other sources for funding municipal government projects addressing local needs and priorities. 3. Supports equal or greater funding levels of Great Outdoors Colorado grants awarded to municipalities 4. Supports maintaining or enhancing tax incentives to private landowners for voluntary land conservation. 5. Supports protection of the Cache la Poudre River and local urban streams. 16 PUBLIC HEALTH SAFE COMMUNITY; NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH The City of Fort Collins strives to be a welcoming and inclusive community for all, including residents who may be experiencing the challenges of homelessness, mental health issues, addiction, depression, and other challenging life situations. Therefore, the City: 1. Supports maintaining or increasing the funds available through the state and federal government for community-focused non-profits to provide human services and housing support. 2. Supports providing communities with resources to address chronic homelessness, supportive housing, mental health, and substance abuse, including tobacco prevention programs. 3. Supports a standardized statewide approach to addressing homelessness. 4. Supports statewide efforts to enforce retail tobacco sales compliance. PUBLIC SAFETY SAFE COMMUNITY The Fort Collins City Council recognizes the critical importance of maintaining public safety, providing a safe environment, and protecting the lives and property of the citizens of Fort Collins on a daily basis as well as through preparedness and resiliency planning efforts. Therefore, the City: 1. Supports greater protections to victims of crime. 2. Supports the City’s right to use camera enforcement of traffic laws, reduce operational restrictions on the use of camera enforcement, and increases the fines associated with violations. 3. Supports protocols and funding for shared, statewide emergency response communications, including supporting Larimer Emergency Telephone Authority (LETA) and other efforts to resolve 911 diversity issues, such as through the addition of an additional 911 provider. 4. Opposes increased 911 provider tariffs without clear documentation of cost needs. 5. Opposes initiatives that have the potential to compromise officer safety. 17 6. Supports minimum training criteria and professional mediator certification that formally legitimizes the field of Alternative Dispute Resolution (ADR). 7. Supports maintenance of a statewide database of concealed weapons permits. 8. Opposes municipal liability for prisoners’ self-inflicted wounds while in police custody or detention facilities. 9. Opposes efforts to undermine local control or enforcement of activities on public property. 10. Supports a state fire code, the code of choice being the International Building and Fire Code, and allowing municipalities to adopt their own amendments. 11. Opposes limits to local enforcement of the International Fire Code as adopted with local amendments, imposing inspection requirements or preventing collection of permit or inspection fees as required by the local jurisdiction. 12. Opposes restricting any local jurisdiction from requiring the installation of fire sprinklers. 13. Supports the City’s ability to prohibit the use and sale of fireworks and allow counties and fire districts to prohibit and otherwise control fireworks within City boundaries. 14. Supports efforts to reduce abuse and improper disposal of over-the-counter and prescription drugs. 15. Supports exclusive digital communication networks for public safety personnel during emergencies. RECYCLING AND SOLID WASTE REDUCTION ENVIRONMENTAL HEALTH The City of Fort Collins endorses a multi-pronged approach to waste minimization that includes recycling, re-use, composting, and source reduction, and which also applies Sustainable Materials Management principles such as redesigning systems to reduce pollution and waste. Additionally, the City has adopted a goal of diverting 75 percent of community waste by 2020; 90 percent by 2025, and 100 percent by 2030. Therefore, the City: 1. Encourages integrated, sustainable waste management planning and implementation policy, including but not limited to centralized data collection requirements and formal statewide diversion targets. 18 2. Supports a regulatory authority role for local government to ensure the efficient management of recyclable material and solid waste, including application of laws that prescribe the use of county-funded disposal facilities for certain types of wastes, and other local bans on landfill disposal for certain types of debris. 3. Encourages “buy recycled” or “environmentally preferable purchasing” policies for government agency procurement. 4. Supports incentives and funding for programs that promote waste reduction, reuse and recycling, and development of related infrastructure. 5. Supports continued or increased funding for programs to collect and monitor data on trash volumes, rates of diversion from landfill disposal and economic impacts of recycling. 6. Supports greater producer responsibility initiatives, such as “take back” regulations that assist consumers to appropriately recycle packaging materials or certain products (e.g., cardboard and expanded polystyrene packaging, single-use plastic shopping bags, or mattresses). 7. Opposes CRS Section 25-17-104, which currently limits local authority to regulate packaging materials (e.g., single-use plastic bags). 8. Supports establishing a refundable deposit fee on beverage containers to increase recovery rates and pay for recycling programs. 9. Supports state and regional tax incentives for existing and new businesses that provide end markets for recycled materials in support of a domestic, circular economy. RISK MANAGEMENT AND LIABILITY HIGH PERFORMING GOVERNMENT The City of Fort Collins recognizes the dual purpose of the workers’ compensation system – providing benefits promptly to injured employees in a cost-effective manner and minimizing costly litigation. Council also recognizes that the City’s self-insurance program is a cost-efficient method to insure workers’ compensation and that government intervention or taxation can negatively impact the City. Therefore, the City: 1. Supports improving administrative efficiency of the Division of Workers’ Compensation. 2. Opposes increased insurance premium costs to employers. 3. Opposes administrative burdens or taxes to self-insurance programs. 19 4. Supports limits to insurance claim litigation. 5. Opposes limiting the City’s options and ability to manage workers’ compensation claims; including actions like removing existing off-sets to workers’ compensation benefits or limiting the City’s ability to designate treating physicians. 6. Opposes efforts to presumptively expand workers’ compensation coverage to illnesses or injuries that are not work related. 7. Opposes efforts to reduce or weaken protections against liability through governmental immunity or other statutory provisions. TRANSPORTATION TRANSPORTATION AND MOBILITY The City actively promotes the safety and ease of traveling to, from and throughout the community using a variety of modes of transportation. Additionally, the City’s policy is to encourage the use of bicycling, transit and walking whenever appropriate. Therefore, the City: 1. Opposes reductions to the present allocation formula of 60 percent state, 22 percent counties, and 18 percent municipalities for Highway User Tax Fund (HUTF) or any appropriations from the state using the same formula. 2. Supports alternative methods of funding transportation infrastructure needs. 3. Support funding the analysis and implementation of inter- and intra-regional transit linkages, including future commuter rail connectivity. 4. Encourages flexibility in federal funding and regulations in order to better meet the needs of small to medium-size communities. 5. Supports guaranteed levels of federal funding for transportation and allocation of all federal motor fuel taxes and other federal transportation trust funds for their intended transportation purposes. 6. Supports broadening the definition of the gasoline tax to a “fuel tax” that encompasses other fuel options as they become more prevalent. 7. Supports enhanced ability to implement railroad quiet zones in municipalities and a reduction in train horn decibel and duration requirements. 8. Opposes divesting highway roads in urban areas from the state and making them the sole responsibility of local jurisdictions. 20 9. Supports safe operation of railroads through timely track inspections, joint training and communication between railroad and emergency personnel, and the use of safe equipment. 10. Supports funding for the build out of Interstate 25 improvements, which may include a ballot measure. 11. Opposes reductions in federal dollars for bicycling, transit and walking. 12. Supports local control of public roads, pedestrian paths, and bike lanes to address emerging modes of transportation. URBAN RENEWAL AND DOWNTOWN DEVELOPMENT ECONOMIC HEALTH The state of Colorado has empowered local authorities to use Urban Renewal Authorities (URA) and Downtown Development Authorities (DDA) to encourage downtown revitalization and the elimination of blight. The main funding tool for URAs and DDAs is Tax Increment Financing (TIF) generated through property taxes. In its best intention, urban renewal and downtown revitalization restores economic vitality and improves the safety of a designated area, with limited financial impact to other government jurisdictions. Therefore, the City: 1. Opposes limitations on municipalities’ ability to utilize financing mechanisms such as TIF or Metro Districts. 2. Opposes efforts to increase influence of non-City jurisdictions over the use of TIF within City limits. 3. Supports maintaining the ability of downtown development authorities to utilize the full offering of tools and powers provided in the DDA Act. WATER, WASTEWATER, AND STORMWATER ENVIRONMENTAL HEALTH; SAFE COMMUNITY The City operates a water, wastewater, and stormwater utility in a financially sound, reliable, safe, and environmentally acceptable manner. The availability of water supplies is critical to this mission and is managed by both the Water Demand and Supply Policy, and the Water Efficiency Plan. Therefore, the City: 1. Supports expanding the authority delegated to the state to administer federally mandated water, stormwater and wastewater environmental regulatory programs. 21 2. Supports reasonable water quality regulations that are cost effective and can show identifiable benefits. 3. Supports municipal flexibility to manage in-stream flows to preserve or improve the natural environment of the stream while protecting the integrity of Colorado’s appropriation doctrine and City water supply. 4. Opposes unfunded mandates. 5. Opposes barriers to financing for water conservation projects. 6. Supports funding for the recovery and treatment of the Cache la Poudre and other waterways impacted by natural disasters. 7. Supports enhanced municipal authority to protect and increase the flexibility and resiliency of its water supply under Colorado’s appropriation doctrine without adversely affecting in-stream flows or the natural environment of the stream. 8. Supports streamlining federal and state permitting requirements for water development projects that increase coordination between permitting agencies, reduces administrative and financial burdens on permit applicants, and ensures robust and enforceable environmental protections. 9. Supports the enlargement of Halligan Reservoir as a common-sense, cost-effective, and environmentally beneficial approach to meet Fort Collins’ future water supply needs. 22 CITY OF FORT COLLINS LEGISLATIVE CONTACTS Legislative Review Committee Name District/Title Email Phone Councilmember Ken Summers, Chair District 3 ksummers@fcgov.com (970) 221-6878 Councilmember Ray Martinez District 2 raymartinez@fcgov.com (970) 690 3686 Councilmember Bob Overbeck District 1 boverbeck@fcgov.com (970) 221-6917 Darin Atteberry City Manager datteberry@fcgov.com (970) 221-6505 Jeff Mihelich Deputy City Manager jmihelich@fcgov.com (970) 416-2899 Carrie Daggett City Attorney cdaggett@fcgov.com (970) 416-2463 Ginny Sawyer Tyler Marr Legislative Staff gsawyer@fcgov.com tmarr@fcgov.com (970) 224-6094 (970) 416-4205 Legislative Staff Liaison Members Topic Area Name Title Email Phone Affordable Housing and Social Sustainability Beth Sowder Social Sustainability Director bsowder@fcgov.com (970) 221-6752 Air Quality Cassie Archuleta Environmental Program Manager carchuleta@fcgov.com Broadband Colman Keane Broadband Director ckeane@fcgov.com (610) 224-6001 Cable Television Franchise Carson Hamlin Cable Television Manager chamlin@fcgov.com (970) 221-6510 Climate Lindsay Ex Environmental Program Manager lex@fcgov.com (970)224-6143 Environmental Protection Lucinda Smith Environmental Services Director lsmith@fcgov.com (970) 224-6085 Elections, Liquor and Marijuana Licensing Delynn Coldiron City Clerk dcoldiron@fcgov.com (970) 416-2995 Cultural Services, Parks and Recreation Mike Calhoon Director of Parks mcalhoon@fcgov.com (970) 416-2079 Energy Tim McCollough, John Phelan Light and Power, Deputy Utilities 23 Finance Mike Beckstead Chief Financial Officer mbeckstead@fcgov.co m (970) 221-6795 Economic Health Josh Birks Economic Health Director jbirks@fcgov.com (970) 221-6324 Fire Protection and HAZMAT Mgmt Bob Poncelow Division Chief, Poudre Fire Authority bponcelow@poudre- fire.org (970) 416-2871 Human Resources Janet Miller Assistant Human Resources Director jamiller@fcgov.com (970) 221-6826 Natural Areas, Open Lands and Cache la Poudre River Issues John Stokes Natural Areas Director jstokes@fcgov.com (970) 221-6263 Building Services Russ Hovland Chief Building Official rhovland@fcgov.com (970) 416-2341 Planning and Land Use Tom Leeson Community Development and Neighborhood Services Director tleeson@fcgov.com (970) 221-6287 Public Safety Greg Yeager Deputy Chief of Police gyeager@fcgov.com (970) 416-2185 Recycling and Solid Waste Susie Gordon Environmental Program Manager sgordon@fcgov.com (970) 221-6265 Risk Management Kendra Radford Safety, Security, and Risk Management Director kradford@fcgov.com (970) 221-6774 Stormwater Theresa Connor Water Engineering Field Operations, Deputy Utilities Director tconnor@fcgov.com (970) 221-6671 Transportation Planning, Development and Transportation Deputy Director (970) 416-2029 1 LARIMER COUNTY BEHAVIORAL HEALTH POLICY COUNCIL BYLAWS The Behavioral Health Policy Council (the “Council”) has been established by the Larimer County Board of County Commissioners and operates under the authority of these Bylaws. The establishment of this Council is based on the recognition that Larimer County residents have diverse needs related to behavioral health. The Behavioral Health Program and the community at large will benefit from the varied perspectives of Council members. I. Purpose The Council’s purpose is to foster regional coordination and cooperation in matters relating to the provision of a continuum of behavioral health services in Larimer County by: A. providing an organizational framework to ensure effective communication and coordination of behavioral health-related issues and services among Larimer County local governments and between provider agencies involved in the delivery of such services in Larimer County; B. serving as a vehicle for the collection and exchange of behavioral health-related information and expertise and representation of the interests of all Larimer County residents; C. providing a forum to identify, discuss, study and collectively approve solutions to regional behavioral health problems for consideration by the Board of County Commissioners; D. developing and endorsing policy regarding behavioral health issues for ratification by the Larimer County Board of County Commissioners; E. reviewing budget proposals presented to the Council by the Larimer County Behavioral Health Director prior to submittal to the Board of County Commissioners; F. promoting behavioral health awareness, planning, cooperation and coordination for the benefit of all Larimer County residents; G. reviewing services, needs and resources, reaching consensus and presenting issues concerning the program to the Board of County Commissioners; H. reviewing and approving an annual report to be presented to the Board of County Commissioners for review and publication. The Council shall have the authority to review, recommend, approve and adopt matters related to the Behavioral Health Program. Decisions made by the Council must be ratified by the Board of County Commissioners. II. Membership A. The Council will consist of 13 members with the actual number to be determined by the Board of County Commissioners given the qualifications of applicants of the needs of the Council for at-large members. The members of the Council shall consist of: DRAFT 2 1. the Mayor (or designee) from each of the municipalities of Estes Park, Fort Collins, Loveland, and Wellington; and 2. An elected Town Trustee or Board member from a district within the Larimer County corporate boundaries of each of the municipalities of Berthoud, Johnstown, Timnath and Windsor; and 3. four (4) to six (6) at-large community members appointed by the Board of County Commissioners; and 4. one member of the Board of County Commissioners as determined by the Board of County Commissioners. B. The Board of County Commissioners may increase representation on the Council as appropriate. The Council will have the opportunity to provide input into the decision to increase Council representation to the Board of County Commissioners. C. Ex-Officio Members: Ex-officio members shall not have voting privileges. The Council will have the opportunity to provide input into the appointment of ex-officio members to the Board of County Commissioners. Such memberships may be summarily terminated by the Board of County Commissioners at its discretion. 1. A Technical Advisory Group (“TAC”) comprised of at-large behavioral health professionals will be appointed by the Board of County Commissioners. TAC members should reflect a balance in professional focus in the fields related to behavioral health services; and 2. Other ex-officio memberships may be granted to an entity involved in behavioral health services or related support programs. D. A member of the Council shall be replaced if that member 1) no longer represents the membership category to which he or she was appointed; 2) resigns from the Council; or 3) exhibits misconduct that is counter to the purpose of the Council or potentially harmful to the Council, Larimer County Behavioral Health Program or Larimer County government in the judgement of the Board of County Commissioners. Vacancies occurring on the Council shall be filled in the same manner as is provided for in the original designations: 1. replacement of a member appointed by one of the municipalities shall be selected by the municipality consistent with paragraph II.A. above; 2. the Board of County Commissioners shall select the replacement of any at-large behavioral health members; and 3. the Board of County Commissioner shall select the replacement of the Board of County Commissioner representative. 4. All replacement members shall serve for the unexpired term of his or her predecessor. III. Terms A. Member terms shall be for three (3) years. To the extent possible, terms shall be staggered so that the terms of approximately one-third of the members shall expire each year. DRAFT 3 B. Upon completion of the first term, either partial or full, a member may seek reappointment to a second and third full three-year term(s) subject to approval of their appointing body or the Board of County Commissioners in accordance with section II.A. above. C. Term limits shall comply with Larimer County Administrative Policy and Procedure 100.1 D. Regular terms begin December 1 and end November 30 of the expiring term year. E. Initial terms end as follows: IV. Officers A. The officers of the Council shall consist of a Chair and a Vice Chair elected from among Council members. Officers shall assume responsibility at the first Council meeting in November and serve for one year or until their successors are elected. The current Chair will run the meeting at which the election is held with a change in Chair occurring at the next meeting. Vacancies in Chair or Vice Chair offices shall be filled by the Council as soon as practical. B. Duties of Council Officers: 1. Chair: The Chair shall preside over Council meetings, sign documents approved by the Council, serve as the official representative of the Council as a whole in all interactions with the Board of County Commissioners and represent the Council on the Executive Committee. The Chair shall serve no more than two (2) consecutive years. 2. Vice Chair: The Vice-Chair is authorized to perform all duties of the Chair in the absence of the Chair and perform other duties as may be assigned by the Council. The Vice Chair shall serve no more than two (2) consecutive years. C. The Behavioral Health Director or designee shall serve as Secretary to the Council. The Secretary shall: Member Representative Initial Term Ends Mayor or Designee Estes Park 2020 Fort Collins 2021 Loveland 2022 Wellington 2020 Elected Officials Representing a Larimer County District with their Jurisdiction Berthoud 2021 Johnstown 2022 Timnath 2020 Windsor 2021 County Commissioner Larimer County 2022 At-Large Appointees by the Board of County Commissioners Community Member 2020 Community Member 2021 Community Member 2022 Community Member 2020 DRAFT 4 1. keep the minutes of all meetings of the Council and Executive Committee; 2. distribute the meeting agenda and related materials as developed in consultation with the Chair; 3. inform the Council of correspondence related to business of the Council; and 4. sign or attest to the signature of the Chair or Vice Chair when necessary. V. Committees and Subcommittees The Council may agree to establish working committees as necessary. A. Executive Committee: The Council may, at its discretion, form an Executive Committee, the role of which is to work in conjunction with the Council and Behavioral Health Director to facilitate effective and efficient meetings. Roles for the Executive Committee could include: 1. reviewing the agenda prior to distribution; 2. reviewing the budget proposal with the Director prior to presentation to the full Council; 3. other assignments deemed beneficial by the Council to ensure efficient and effective Council meetings. The Executive Committee will include the Council Chair, Council Vice Chair and any other member(s) determined by the Council to be beneficial. The Behavioral Health Director or designee will attend as a non-voting member and will serve as or assign a staff member to serve as Secretary. B. Subcommittees: The Council may, at its discretion, form subcommittees comprised of Council members to work on specific items in more detail than time allows at regular Council meetings. 1. The Chair will facilitate the appointment of the members of a Subcommittee and identify the specific charge or the subcommittee. 2. A statement of purpose will be developed based on the discussion and direction of the Council that specifies the specific duties of the subcommittee. The Council will approve the statement of purpose prior to subcommittee work beginning. Subcommittees may be limited in duration with an identified start and end date if so defined in the statement of purpose. 3. If, during the course of the subcommittee work, it is determined that the statement of purpose (including duration of assignment) needs to be modified, a revised statement of purpose will be presented to the Council as a whole for approval. 4. The Council will appoint a subcommittee Chair who will be responsible for conducting meetings, coordinating with staff as appropriate, and reporting back to the Council with recommendations. 5. Subcommittees are intended to make recommendations to the Council for consideration. Any recommended action from a subcommittee must be approved by the Council as a whole. If the Council does not agree with the subcommittee recommendation, the Council will determine the most appropriate next step. The Behavioral Health Director or designee will attend all meetings as a non-voting subcommittee member and will serve as or assign a staff member to serve as Secretary. DRAFT 5 C. Other Committees: The Council may, at its discretion, appoint other working committees, including a comprised of at least one Council member and other members who are not on the Council to work on specific items in more detail than time allows at a regular council meeting. 1. The Chair will facilitate the appointment of the members of a working committee and identify the specific charge of the subcommittee. 2. A statement of purpose will be developed based on the discussion and direction of the Council that specifies the specific duties of the working committee. The Council will approve the statement of purpose prior to working committee formation. Working committees may be limited in duration with an identified start and end date if so defined in the statement of purpose. 3. If, during the course of the working committee’s activities, it is determined that the statement of purpose needs to be modified (including duration of assignment), a revised statement of purpose will be presented to the Council as a whole for approval. 4. The Council will appoint a Chair of the working committee who will be responsible for conducting meetings, coordinating with staff as appropriate, and reporting back to the Council with recommendations. Where possible, the working committee Chair shall be a member of the Council. 5. Working committees are intended to make recommendations to the Council for consideration. Any recommended action from a working committee must be approved by the Council as a whole. If the Council does not agree with the working committee recommendation, the Council will determine the most appropriate next step. The Behavioral Health Director or designee will attend all meetings as a non-voting working committee member and will serve as or assign a staff member to serve as Secretary. D. Standing Technical Advisory Committee (“TAC”): Consistent with section II.C of these By-Laws, a TAC, comprised of at-large behavioral health professionals will be appointed by the Board of County Commissioners. The TAC: 1. makes recommendations to the Council regarding the provision of behavioral health distributive services in Larimer County; 2. provides advice on the development and implementation of programs in support of community behavioral health needs for all Larimer County residents; 3. provides comments to the Council regarding the draft annual report and performance measures; 4. shall not make recommendations on funding of services to specific agencies or service providers unless specifically tasked with that activity by the Council; and 5. shall comply with the ethics provisions contained in section VII.B. of these by-By-laws. The Behavioral Health Director or designee will attend all meetings as a non-voting TAC member and will serve as or assign a staff member to serve as Secretary. VI. Meetings The Council shall meet at least quarterly, at a time and place to be announced and at such other times as the Council deems necessary by the Council, Board of County Commissioners, or the Behavioral Health Director. However, meeting monthly is generally expected. DRAFT DRAFT 6 A. All meetings of the Council, Executive Committee, Subcommittees and Working Committees are subject to the Colorado Open Meetings Law. B. All Council meetings will be advertised and open to the public. The public will be able to speak at a designated time during regular business meetings of the Council. C. Regular meetings will be announced at least seven (7) days in advance by email to the full Council membership including notification on the appropriate page of the Larimer County website. D. Council meetings will be electronically recorded, and minutes will be prepared by Behavioral Health staff. Minutes will be approved at the next Council meeting and posted on the appropriate page of the Larimer County website. E. Prior to meetings, the Behavioral Health staff will provide a packet of background materials to the Council at least seven (7) days in advance via e-mail and will be posted on the appropriate page of the Larimer County website. F. Special Meetings: In the event of a Special or Emergency meeting, meeting notices will be made public as soon as practical and shall be in accordance with the Colorado Open Meetings law. 1. Field Trips: Field trips and work sessions may be conducted so that Council members can become familiar with issues prior to voting. Field trips shall be conducted only after required notice has been provided and the Behavioral Health Director or designee will attend. 2. Executive Sessions: Executive Sessions may be called in accordance with C.R.S.24-5-402 by a majority of the Council present at a meeting. Executive Session discussions are confidential. G. Quorum: 1. A majority of the members of the Council shall constitute a quorum. 2. No business shall be conducted at a meeting unless a quorum is present. H. Voting: 1. Each member of the Council may vote on an issue. 2. A roll call vote shall be taken on all votes if not unanimous. 3. No proxy votes shall be allowed. 4. All votes must be made in person (or by teleconference if approved by a majority of the Council present at the meeting where the vote is being taken). I. Order of Business: 1. The order of business at any meeting shall be called by the Chair and/or the Behavioral Health Director, or as recommended by a Council member prior to the meeting. 2. Special presentations at Council meetings should be limited to fifteen (15) minutes unless the presenter has received prior approval. 7 J. Parliamentary Procedure: Business, including presentations, discussions, motions and voting shall be conducted in an orderly manner following such processes and procedures as the Council may determine effective. Robert’s Rules of Order shall not apply. VII. General Provisions A. Administrative Policy and Procedure: The Council shall conduct its business in a manner consistent with the conditions adopted by the Board of County Commissioners included in Larimer County Administrative Policy and Procedure 100.1E as amended. B. Code of Ethics: 1. A member shall recuse him or herself from discussion and voting if an actual or potential conflict of interest exists. 2. A conflict may result where a member has a personal or private interest in a matter proposed or pending before the Council; where a member stands to gain or lose financially as a result of a position taken by the Council; or where a member believes he or she cannot fairly and impartially discharge his or her duties. C. Amendments: These Bylaws may be approved or amended in whole or in part by a two-thirds (2/3) vote of the Council, subject to ratification by the Board of County Commissioners. This shall occur during a regularly scheduled meeting provided any proposed changes to the Bylaws are distributed in written form in a manner consistent with Council protocol to all Council members at least seven days prior to the meeting at which action is anticipated to be taken on the proposed changes. VII. Adoption and Effective Date These Bylaws became effective on ______________ by adoption of a Resolution by the Larimer County Board of County Commissioners. Board of Commissioners of Larimer County, Colorado By: ________________________________ Steve Johnson, Chair DRAFT DRAFT Utilities Customer Connections Lisa Rosintoski Customer Connections, Deputy Utilities Director lrosintoski@fcgov.com (970) 416-2432 Water Supply and Quality Carol Webb Water Resource and Treatment Operations, Deputy Utilities Director cwebb@fcgov.com (970) 221-6231 Director Energy Services, Senior Manager tmccollough@fcgov.co m jphelan@fcgov.com (970) 416-2622 (970) 416-2539 Public Safety Greg Yeager Deputy Chief of Police gyeager@fcgov.com (970) 416-2185 Recycling and Solid Waste Susie Gordon Environmental Program Manager sgordon@fcgov.com (970) 221-6265 Risk Management Kendra RadfordKelly Bernish Safety, Security, and Risk Management Director kradford@fcgov.co mkbernish@fcgov.c om (970) 221-6774 Stormwater Matt FaterTheresa Connor Interim Water Engineering Field Operations, Deputy Utilities Director Manager mfatertconnor@fcg ov.com (970) 221-6671 Transportation Mark Jackson Planning, Development and mjackson@fcgov.co m (970) 416-2029 Recreation Mike Calhoon Director of Parks mcalhoon@fcgov.co m (970) 416-2079