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HomeMy WebLinkAboutbocc.res.034.2009 RECEPTi0i~6#: 659229, 05122120i~9 at 08:67:47 A,M, 1 c3~F R $0.00 Dac Cade iii=SOt_U'fiON Janice i{. Leas Caudill, Pitkin County, CO A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO ADOPTING THE BYLAWS OF THE HEALTHY RIVERS AND STREAMS FUND CITIZENS ADVISORY BOARD RESOLUTION # ~3y -2009 RECITALS 1. By approving Referendum lA on November 4, 2008, Pitkin County voters authorized a sales tax of .1% to be dedicated to establishing a Healthy Rivers and Streams Fund in order to provide the County with possibilities for protecting our rivers and streams. 2. The ballot question outlined four specific objectives for the fund: • Maintaining and improving water quality and quantity within the Roaring Fork watershed; • Purchasing, adjudicating changes of, leasing, using, banking, selling, and protecting water rights for the benefit of the Roaring Fork watershed; • Working to secure, create and augment minimum stream flows in conjunction with non- profits, grant agencies, and appropriate State and Federal agencies to ensure ecological health, recreational opportunities, and wildlife and riparian habitat; promoting water conservation; and • Improving and constructing capital facilities that contribute to the objectives listed above. 3. Referendum lA provides for the administration of a Healthy Rivers and Streams Fund by the BOCC with the advice of a Citizens Advisory Board. 4. A set of bylaws for the Citizens Advisory Board must be established by the BOCC to govern the activities of the Citizens Advisory Board and manage its internal administration. 5. The BOCC finds that adoption of these bylaws is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County. 6. The terms of the bylaws are set forth, and the BOCC shall adopt the Bylaws of the Healthy Rivers and Streams Citizens Advisory Board in substantially the form attached as "Exhibit A", as approved by the County Attorney . NOW THEREFORE, be it resolved that the Board of County Commissioners, of Pitkin County Colorado, hereby adopts a Resolution Adopting the Bylaws of the Healthy Rivers and Streams Fund. I RESOLUTION -2009 PAGE 2 INTRODUCED, APPROVED AND SET FOR PUBLIC HEARING AT THE REGULAR MEETING ON THE 8Tx DAY OF APRIL 2009. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 3'iD DAY OF MAY 2009. CONTINUED AT THE REGULAR MEETING ON THE 22ND DAY OF APRIL 2009. ADOPTED UPON SECOND READING AND PUBLIC HEARING ON THE 13Tx DAY OF MAY 2009. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE DAY OF y~Y~ 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO - (mot Jea tte Jones Patti Kay-Clapp ,Chair De ty Clerk Date• 05'/ 9- ~9 APPROVED AS TO FORM: w ~n~M. E Hilary Fl her -Ea Attorney County ager rh "EXHIBIT A" BYLAWS OF THE HEALTHY RIVERS AND STREAMS FUND CITIZENS ADVISORY BOARD Adopted on May 13, 2009 ARTICLE I Name Section 1. Name. The name of this board shall be the Healthy Rivers and Streams Fund Citizens Advisory Board (the "Board"). ARTICLE II Purpose and Policy Section 1. Purpose. The purpose of the Board is to assist the Board of County Commissioners (the "BOCC") in implementing the Healthy Rivers and Streams Fund Program, as authorized by Pitkin County voters, and to advise the BOCC on the expenditures and administration of the Healthy Rivers and Streams Fund. Section 2. Policy. The policy of the Board is to further the goals of the Healthy Rivers and Streams Fund as set out in ballot Referendum 1 A, 2008 coordinated election: (1) Maintaining and improving water quality and quantity within the Roaring Fork watershed; (2) Purchasing, adjudicating changes of, leasing, using, banking, selling, and protecting water rights for the benefit of the Roaring Fork watershed; (3) Working to secure, create and augment minimum stream flows in conjunction with non-profits, grant agencies, and appropriate State and Federal agencies to ensure ecological health, recreational opportunities, and wildlife and riparian habitat; promoting water conservation; and (4) Improving and constructing capital facilities that contribute to the objectives listed above. Section 3. Additional Policies. The BOCC may from time to time adopt priorities for the implementation of the voter authorized program goals. 1 ARTICLE III Responsibilities Section 1. Functions. The functions of the Board are: (1) Make recommendations to the BOCC regarding expenditures and management of the Healthy Rivers and Streams Fund. (2) To review proposals and opportunities presented to the Board and advise the BOCC on the merits of such proposals or opportunities. (3) Make recommendations to the BOCC for the acquisition of interests in water rights that would further the objectives of the Healthy Rivers and Streams Fund. (4) Establish relationships with local, regional and state agencies and boards to more effectively make recommendations to the BOCC. (5) Make recommendations to the Planning and Zoning Commission, Open Space and Trails Board or other County boards and staff regarding activities within the County as they may impact the goals of the Healthy Rivers and Streams Fund. ARTICLE IV Membership Section 1. Appointments. Appointments to the Board shall be made by the Board of County Commissioners. There shall be a minimum of five members and a maximum of seven members on the Board. Section 2. Term. Each Board member shall be appointed for afour-year term. The terms shall be staggered so that continuity is preserved within the Board. The initial Board members shall have terms that expire two years from appointment for the first two members, three years from appointment for the next three members and four years from appointment for the final two members. The first five appointed board members shall be residents of Pitkin County. Section 3. Qualifications. Five members of the Board shall be residents of Pitkin County. Of these five members, one member shall be appointed from each of the five Pitkin County commissioner districts, if possible, and shall reside in that district throughout the term. The remaining two members must be residents of the Roaring Fork Valley watershed. A Board member shall hold no office or appointment in any County or municipality nor be employed by any County or municipality during the term of appointment. Section 4. Compensation. Board members shall serve without pay. 2 Section 5. Removal. A Board member may be removed from the Board for good cause only, by a vote of the BOCC after a recommendation concerning removal is made by the Board. The Chair shall request the BOCC remove a trustee who is absent for more than six regularly scheduled meetings within one calendar year. Good cause for removal shall also include a violation of the conflict of interest policy contained within these Bylaws. ARTICLE V Officers Section 1. Officers. The officers of the Board shall be a Chair and a Vice Chair. The Chair and Vice Chair shall be selected by the members of the Board but shall be limited to those Board members who are Pitkin County residents. Section 2. Elections and Term of Office. The Chair and Vice Chair shall be appointed by the Board at the first regular meeting of a calendar year. Subject to early termination, each officer shall hold office for up to two years and until a successor has been appointed. The Chair and the Vice Chair shall serve at the pleasure of the Board. Section 3. Vacancies. Should the office of Chair or Vice Chair become vacant, the Board shall appoint a successor at its next regular or special meeting. Such appointment shall be for the unexpired portion of the previous term. Section 4. Duties. (1) Chair. The Chair shall preside at all meetings of the Board and shall perform all duties usually incident to the office of Chair and such other duties as may be assigned from time to time by the Board. The Chair shall execute and acknowledge, in the name of the Board, all recommendations and communications authorized by the Board. The Chair shall see to the execution of resolutions and adoption of minutes of the meetings of the Board. (2) Vice Chair. In the absence of the Chair, the Vice Chair shall have all powers recognized to the Chair. The Vice Chair shall perform such other duties as shall from time to time be assigned by the Board. ARTICLE VI Meetings Section 1. Regular Meetings. Regular meetings shall be held at least once per month. The specific day for the conduct of Board meetings shall be determined by the Board in advance of the upcoming calendar year. A schedule of regular meetings shall be made available to the public through customary County procedure. 5 3 Section 2. Special Meetings. A special meeting may be called at any time by the Chair or upon written request of two members of the Board. All special meetings must comply with notice requirements of the Colorado Open Meetings Law. Section 3. Order of Business. At regular meetings of the Board the following shall be the recommended order of business: (1) Roll call. (2) Reading and approval of minutes of last meeting. (3) Public comment (4) Report of the director (5) Old business (6) New business (7) Executive session discussion (8) Adjournment Section 4. Votin .Voting shall either be by voice or roll call vote. Any action requiring a vote shall be decided by a simple majority, except a recommendation forwarded to the BOCC shall be made by a majority of the entire membership of the Board. Section 5. uorum. A quorum of the Board shall be constituted by the personal attendance of three of the five Pitkin County-resident members of the Board. Once a quorum is made it cannot be broken until the meeting is adjourned. Section 6. Parliamentary Procedure. The rules contained in Robert's Rules of Order shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with these Bylaws or other County laws, rules or regulations. Section 7. Meeting Notices and Study Materials. The director shall furnish the Board members minutes of the previous meetings and copies of material to be studied or acted upon including an agenda and a monthly report prior to the conduct of each regular meeting. Section 8. Agenda. The agenda shall be prepared by the Chair and director with copies to be distributed in advance of each regular or special meeting. Section 9. Public Access. All meetings shall be open to the public, except for executive sessions as authorized in the Colorado Open Meetings Act, C.R.S. § 24-6-402, et seq. ~P 4 ARTICLE VII Conflict of Interest Section 1. Policy. A. In order to ensure the impartiality and integrity of their local government decision makers, as provided in section 8.6.1 of the County Charter, the people of Pitkin County intend to prohibit County policy-makers from participating in matters in which they have a conflict of interest. This prohibition applies to County policy-makers serving their elected or appointed terms and those who have concluded their terms of office. B. A conflict of interest is a disparity between the private interest and the official responsibilities of an individual in a position of trust in government. This code is intended to prevent conflicts of interest without obstructing fair and speedy resolution of issues that come before the County. Section 2. Prohibition on Conduct. A. No Board member shall vote or otherwise participate in a decision making process which affects any entity or property interest in which he/she has a financial interest or which any member of his/her family has a financial interest. Family is defined as spouse, parent, brother, sister, grandparent, child, grandchild, step-child, step-parent, step-grandparent, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or any individual who is a part of the County policy maker's immediate household. A Board member otherwise barred from participating in a discussion pursuant to this section, may, if requested by the BOCC, give information about the issue or transaction in which he/she has a financial interest. B. If an issue arises in which a Board Member believes he/she may have a conflict of interest, he/she must divulge that potential conflict of interest to the County Attorney for an opinion on the validity of the conflict, and inform the Board. If determined to be in conflict regarding the issue before him/her, he/she will refrain from participation in discussion or vote on that issue. C. Failure to comply with the terms of this section may be deemed adequate cause for removal under Article IV Section 5. ARTICLE VIII Amendment Section 1. Amendment. These By Laws shall be the province of the BOCC and shall be adopted and amended only by the action of the BOCC. 5