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HomeMy WebLinkAbout20090610bylaws AGENDA ITEM SUMMARY REGULAR MEETINGDATE: June 10, 2009 AGENDA ITEM TITLE :Resolution approving updated bylaws for theWeed Advisory Board STAFF RESPONSIBLE: Crystal Yates-White ISSUESTATEMENT :The Weed Advisory Board recently updated its bylaws(to reflect a change of meeting time and to eliminate inconsistenciesand inaccuracies)and seeks approval from the BOCC. BACKGROUND :The previous bylaws for the Weed Advisory Board (WAB) needed to be updated and revised for several reasons: 1.The previous bylaws included a provision for executive session, which is prohibited with State Law. This provision has been removed in the current version. 2.The previous bylaws included the Office of Secretary. This officeis unnecessary to the function ofthe WAB, since the Public Works Administrator takes meeting minutes. This office has been removed from the current version. 3.The previous bylaws were internally inconsistent, calling both for elections each May and for a rotating schedule of officers. The WAB has revised the bylaws to eliminate all language referencing a rotating schedule. nd 4.The previous bylaws stated that meetings would be held monthly on the 2Thursday of the month. Due to member scheduling conflicts, meetings have recently been rescheduled to rd occur on the 3Tuesday of the month. So that bylaws do not have to be updated every time the meeting schedule changes, the language regarding meetings has been rewritten to be more general. Note that WAB meeting agendas are always posted in advance of meetings on the Land Management website. LINK TO STRATEGIC PLAN: Keeping updated citizen board bylaws is consistent with the Community InvolvementStrategic Issue,by “maintainingthe opportunity to engage, include, and incorporate caucus, neighborhood, municipalities, interest groups, and individual participation, interests, and feedback.” In addition, because the existenceof the Weed Advisory Board is State- Mandated, Pitkin County’s work to maintain an active and well-functioning board is also consistent with the goals of the Organizational Excellenceaction item. 1 KEY DISCUSSION ITEMS: Does the Board approve of the changes to the Weed Advisory Board bylaws? BUDGETARY IMPACT: No impact. RECOMMENDED BOCC ACTION: Approve the Resolution onJune 24, 2009 ATTACHMENTS: Revised bylaws for the Weed Advisory Board; Resolution. 2 BYLAWS OFPITKIN COUNTY WEED ADVISORY BOARD ARTICLE I Name Section 1.Name. The name of this Pitkin County citizen board shall be the Weed Advisory Board. ARTICLE II Purpose and Policy Section 1.Purpose .The purpose of this Board is to make recommendations to the Board of County Commissioners for overall weed control policy and to Staff to ensure compliance with the ColoradoWeed Act of 2003. Section 2.Policy .The policy of the Board is to: 1.Promote education that encourages public awareness of exotic, invasive noxious vegetation that leads to sound and sustaining land stewardship. 2.Establish weed management priorities needing attention in Pitkin County. 3. Encourage the proper use of integrated weed management practices within Pitkin County. 4.Develop a local noxious weed list that declares noxious weeds and any appropriate state noxious weeds designated by the Colorado Department of Agriculture to be subject to integrated weed management. 5.Develop a plan for the integrated management of these noxious weeds. 6.Support and foster cooperation with commercial, private, and public organizations/interests within Pitkin County andsurrounding counties for the resolution of exotic, invasive noxious vegetation problems. Section 3.Additional Policies. The Board may from time to time adopt additional policies to guide the activities of the Board. Such policies will be adopted by Board resolution and shall remain in effect for no longer than five years unless readopted by a subsequent resolution. ARTICLE III Responsibilities Section 1.Functions. The Board's functions and responsibilities as set forth in Colorado 35-5.5- Noxious Weed Act of 2003, 107 areas follows: 1. To elect a Chair and Vice-Chair. A majority of the members of the board shall constitute a quorum for the conduct of business. 2. To develop a recommended management plan for the integrated management of designated noxious weeds and recommended management criteria for noxious weeds within the area governed by the local government or governments 3 appointing the local advisory board. The management plan shall be reviewed at regular intervals but not less often than once every three years by the local advisory board. The management plan and any amendments made thereto shall be transmitted to the local governing body for approval, modification, or rejection. 3. To declare noxious weeds and any state noxious weeds designated by rule to be subject to integrated management. 4. To recommend to the local governing body that identified landowners be required to submit an individual integrated management plan to manage noxious weeds on their property. ARTICLE IV Membership Section 1.Appointments. Appointments to the Board shall be made by the Board of County Commissioners ("BOCC"). There shall be five (5) regular members. The Board of County Commissioners may appoint up to five (5) alternate members, who shall be permitted to vote only in the absence of a regular member. Section 2.Term. Each Member shall be appointed for a two (2) year term, staggered so that not all terms expire at the same time. Members shall have no term limits. Section 3.Qualifications. One Member shall be appointed from the City of Aspen, one from the Town of Snowmass Village, and 3 from unincorporated Pitkin County. Each member shall have been a resident of Pitkin County for at least one year, and the majority of members shall be landowners of over 40 acres per C.R.S. 35-5.5- 107. Section 4Compensation. .Each Member shall serve without pay. Section 5Removal. .A Trustee/Member may be removed from the Board for good cause only, by vote of the BOCC, after recommendation (for or against) is made by the Board. The Chair shall request the Commissioners to remove a Trustee who is absent from more than 4 regularlyscheduled meetings within a calendar year. (In the case of extenuating circumstances, the Board may choose to make an exception to this rule). Good cause for removal shall also include violation of the County Standard of Conduct. ARTICLE V Officers Section 1Officers. .The officers of the Board shall be a Chair andVice-Chair, and may include such other officers as the Board may from time to time appoint. The Chair and Vice-Chair shall be selected from the members of the Board. 4 Section 2.Elections and Term of Office. The Chair and Vice-Chair shall be appointed by the Board at the first regular meeting in May. Section 3. Vacancies. Should the office of the Chair or Vice-Chair become vacant, the Board shall appoint the successor at a regular or special meeting of the Board, and such appointment shall be for the unexpired portion of the 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 to him/her from time to time by the Board. She/he shall sign, execute and acknowledge, in the name of the Board, deeds, mortgages, contracts and others instruments and communications authorized by the Board. The Chair shall see to the execution of resolutions, procedures and policies approved by the Board. 2.Vice Chair. In the absence or disability of the Chair, Vice Chair shall have all powers of and shall be subject to all restrictions upon the Chair. The Vice Chair shall perform such other dutiesas shall from time to time be assigned by the Board. ARTICLE VI Meetings Section 1Regular Meetings. .Regular meetings shall be held monthly at the Pitkin County Public Works building, provided that the Board may from time to time resolve not to hold a meeting or to hold the meeting on a different day or time or at a place other than the scheduled day, time, or place. Section 2.Special Meetings. A special meeting may be called at any time by the chairperson or by written request of two members ofthe Board. A minimum notice of twenty-four hours is required, unless said notice is waived with a written agreement of a quorum of Board members or by all members in attendance. Section 3Order 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 by Vegetation Manager 5. Old business 6. New business 7. Executive session 8. Adjourn 5 Section 4.Voting. Voting shall be either by voice or roll call vote. A roll call vote shall be conducted upon the request of a member of the Board or at the discretion of the presiding officer. Any action requiring a vote shall be decided by a simple majority. Section 5Quorum ..A majority of regular members of the Board shall be necessary to constitute a quorum for the transaction of business. Once a quorum is made, it cannot be broken until the meeting is adjourned. Section 6Parliamentary 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 and the Charter. Section 7.Meeting Notices and Study Materials. The Vegetation Manager shall furnish the Trustees/Members advance notice of all meetings. The Vegetation Manager shall deliver, in advance, minutes of the previous meetings and copies of material to be studied or acted upon, including an agenda and a monthly report of the Vegetation Manager, covering items that might otherwise complicate the agenda. Section 8Agenda. .The agenda shall be prepared by the Chair and Vegetation Manager, and copies distributed in advance of the meeting. Other items of the agenda shall include but not limitedto disposition of minutes of the previous meeting and of intervening special meetings, committee reports, as well as old and new business. Section 9Open to the Public. .All meetings shall be open to the public, except for executive session as authorized in the Colorado Open Meetings law, C.R.S. 24-6- 402. ARTICLE VII Conflict of Interest Section 1.Prohibition on Conduct 1. Trustees/Members shall abide by the County Standard of Conduct. 2.If an issue arises in which a Trustee/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 determinedto be in conflict regarding the issue before him/her, he/she will refrain from participation in discussion or vote on that issue. 3. Failure to comply with the terms of this section may be deemed adequate cause for removal under Article IV section 5. 6 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, TO APPROVE REVISED WEED ADVISORY BOARD BYLAWS RESOLUTION NO. _______-2009 WHEREAS 1.the Board of County Commissioners of Pitkin County adopted Ordinance 028-02, establishing a Standard of Conduct applicable to the Board, to members of County Citizen Boards, to County Hearing Officers, and to certain specified County Staff. WHEREAS 2.in Ordinance 028-02, the BOCC delegated to each citizen board the task of establishing bylaws, andrequested that the bylaws be submitted to the Board for approval. WHEREAS 3.in Resolution 043-2004, the BOCC approved the bylaws of the Weed Advisory Board. WHEREAS, 4.as of March 17 2009, the Weed Advisory Board has revised and updated its bylaws, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that the Weed Advisory Board updated bylaws are hereby approved. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON June 10, 2009. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON June 14,2009. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON June 24,2009. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON July 5,2009. ATTEST:BOARD OF COUNTY COMMISSIONERS By _________________________By: _____________________________ Jeanette JonesPatti Kay-Clapper, Chair Deputy County Clerk Date: ______________ APPROVED AS TO FORM:MANAGER APPROVAL ____________________________________________________________ John Ely, County AttorneyHilary Fletcher, County Manager 7