HomeMy WebLinkAbout2017.05.04 OSTB Retreat Min_S MINUTES
OPEN SPACE AND TRAILS BOARD
ANNUAL RETREAT SESSION
May 4, 2017
Aspen Meadows—Doerr-Hosier Center, Catto Room
845 Meadows Rd.,Aspen
OSTB Present:
Graeme Means Howie Mallory Hawk Greenway Tim McFlynn, Wayne Ives,
Dist. 1 Dist. 2 Dist. 3, Chair Dist. 4 Dist. 5
Staff Present: Gary Tennenbaum, Dale Will, Jon Peacock, Fran Soroka
Hawk Greenway called the retreat to order at 9:10 a.m.
APPROVAL OR THE MINUTES
Wayne Ives moved to approve the April 20, 2017 regular session minutes as amended and the
executive minutes of the same date as submitted. Tim McFlynn seconded. Motion passed(4-0)
Graeme Means was not present at the April 20th meeting and abstained.
RETREAT
Gary Tennenbaum set the retreat's stage by providing historical perspectives. The open space
program and board have been very successful. The board members' engagement commitment to
the program and participation with the community sets the OSTB apart from other open space
programs. The program is now re-authorized to 2040 and the open space department successfully
reorganized in 2016. The BOCC has delegated many levels of responsibility to the OSTB. No
other Colorado open space board has the authority to adopt management plans without having to
go through a higher authority. BOCC action requirements only comes into play when
management plans speak of any changes to Title 12 and to authorize the expenditure of open
space funds. The retreat is about re-aligning the program's priorities for continued future
success.
Dale Will recapped the program's position within Pitkin County's governmental hierarchy.
Pitkin County's structure is unique in that it is governed by a Home Rule Charter(HRC). The
HRC empowers OSTB to exist within the open space program. The HRC requires that all citizen
boards submit governing bylaws to the BOCC for adoption. The bylaws typically provide
provisions for board member removal. Within the Pitkin County Land Use Code is `Title 12:
Open Space and Trails' which sets the Open Space program's enforceable rules and regulations
that must be legislatively enacted by the BOCC. The Open Space Board Policies and Working
Agreements (WA) are outside the BOCC legislative domain and are determined and regulated by
the OSTB. The retreat will focus on updating the OSTB Bylaws and the Working Agreements.
Howie Mallory asked what future risks to the program could impact the open space program's
interdependence. (i.e. like a change in the OSTB relationship with the BOCC) Dale responded, if
there was ever a `power struggle' it most likely would be about BOCC trying to appropriate
OSTB funds without OSTB recommendation. For now it is an unanswered question and as long
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as OST program and OSTB does its job well it will not be an issue. In 1996 the OSTB adopted a
policy to meet quarterly with the BOCC to ensure that the BOCC is informed of all open space
activities. Jon Peacock added his interpretation of the HRC that the BOCC cannot change the
power and responsibility of various offices. The HRC is extremely clear that the BOCC has
legislative, executive and quasi-judicial responsibilities. The BOCC cannot delegate its
legislative authority and the County's budget is BOCC's key legislative power. What really
matters is the working relationship between the BOCC and OSTB. Hawk Greenway added that
the OSTB role as a filter of community input has served the BOCC well and is valued by the
BOCC.
Jon Peacock's presentation was a continuation from the OSTB's April 20th meeting discussion
distinguishing the differing roles of the BOCC, OSTB and open space staff. Jon reviewed the
hierarchy of Pitkin County's governance structure and OSTB's role within the structure. The
County's governance structure is designed to work through conflict internally and with the
citizens. Citizens have the ability for their ideas or concerns to be considered by the County's
various boards and commissions. It is in the OSTB's domain to weigh citizen's input balancing
the open space program and the County. These are typically `right vs. right' decisions and the
decision process is more of an 'art form' finding a way to balance the `good' for the majority
from the potential tyranny of the few. As the open space program has grown the projects have
become more complex requiring more community involvement. As projects become more
complex so does the potential for controversy. These complex decisions push the board into the
realm of policy decision making. Group discussion focused on the roles working together
(illustration below). There was OSTB consensus to strive for roles that reflect the vertical blue
line and not the horizontal red line. 1 And to take this into consideration while updating the
Bylaws and WA. The discussion included comparisons to other open space program's structures.
OST Board and Staff Roles
Working Together
Board Sphere
Determine"purpose'scope of services, Mission Advise(what organization'can'do may
ballot referrals,annual program influence what it'should'do);analyze
priorities,adopt general policies. conditions and trends.
Approve new acquisition projects, Policy Make recommendations on all
management plans;recommend annual decisions;formulate budget;determine
budget;weigh decisions as provided in service distribution.
County Charter,Code and OSTB
policies.
Make implementing decision(i.e. Administration Establish practices and procedures and
signage location),handle complaints make decisions for implementing policy,
oversee administration. management plans,and acquisition
agreements.
Suggest management changes to Management Control the human,material and
BOCC and County Manager;review informational resources of organization
organization's performance in OS ED's to support policy and administrative
performance review. function.
Staff/Manager Sphere
t 5/04/2017 Memo—`Revisiting the Role of the Open Space Board'part of the 2017 OSTB Retreat materials.
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Very few programs have both Bylaws and Working Agreements. OSTB ability to adopt
management plans makes it unique among other programs. When comparing other programs the
OSTB has more roles delegated to it by the BOCC through the HRC. Jon advised the board for
better meeting outcomes to restructure the agendas to reflect how the board wants to spend its
time together. There was discussion about 'who is the public' that the board should listen to.
How does the board weigh and manage input that is coming from outside Pitkin County. Jon
responded OSTB members are appointed by the BOCC to represent the community interests of
Pitkin County residents, but it depends on the situation. Sometimes there are regional issues for
OSTB to weigh in on with regional input to be considered. Such an example would be water.
OSTB primary focus is on the friction within the open space program, but OSTB also has a role
in being mindful how its decisions impact the County as a whole.
Board comments about topics gleaned from other open space programs for further OSTB
discussion.2
1)
Eagle County: VII. Voting (p7of 43)
f. No member who has not personally visited the site of a proposed land
acquisition to view and explore the land shall be entitled to vote on a proposal for
recommendation of the Committee as to whether the Board of County Commissioners
should not or should use open space funds to acquire an interest in the land.
Requiring OSTB members to have a personal connection to place.
2)
GOCO: III. Meetings of the Board (p34 of 43)
Q. Compensation. Members shall not receive any salaries for their services,but may receive
$50.00 per diem plus the reasonable, actual and necessary expenses of attendance, if any, for
attendance at any regular or special Meeting of the Board,of any committee of the Board,or any
event where they are asked to represent the Board in an official capacity.
Consideration in terms of filling future board positions.
3)
GOCO: X. Indemnification(p41 of 43)
A. Indemnification Generally. The Trust Fund shall indemnify Covered Persons(as that term
is defined in this Article)to the extent and in the manner set forth in this Article. The Board does
not intend,by these Bylaws,to waive the immunities which it,its Members, officers,employees
or agents have under the Colorado Governmental Immunity Act,C.R.S. §24-10-101,et seq.
B. Indemnification - Persons Who Are Entitled to Indemnity. The following persons
(referred to in this Article as "Covered Persons") shall be entitled to seek indemnity from the
Trust Fund:
Clarify individual board members indemnity. Legal actions used as an intimidation tool.
4)
GOCO: VII. Contracts, Checks, Deposits and Funds (p40 of 43)
2 05/04/17 OSTB Retreat Materials—Bylaws of Other Entities: Minutes reference page location.
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D. Gifts on Behalf of the Trust Fund. The Board on behalf of the Trust Fund may by
resolution and in conformance with adopted policies of the Board accept any contribution,gift,
bequest or devise in trust consistent with the general public purposes of the Trust Fund,
provided,however,that the officers may accept any contribution,gift,bequest,or devise in trust
consistent with the general public purposes of the Trust Fund that the officers reasonably believe
has a value of less than$1,000 without the necessity of a resolution of the Board.
Staff will follow up with the OSTB whether `gifts' are included in `Standard of Conduct for
Pitkin County Public Officials'.
OSTB Bylaws Outcomes2:
Article II: Purpose and Policy:
Sections 1 and 2
No need to restate what is contained in HRC Article XIII just reference HRC as amended.
OSTB's core purposes may best be addressed in the WA.
Section 3. Additional Policies:
Remove the 5 year limitation and replace with `shall remain in effect until rescinded'.
Set time period to review policies.
Article III: Responsibilities:
Section 1. Functions
Add 'as amended' to the HRC reference.
(1) Expand language to include 'Open Space and Trails, water and mineral rights'.
(2) and(3) Capture and clarify that staff is attending Community Development meetings and
responding to referrals and staff brings to the OSTB's attention Pitkin County master plans.
Add OSTB role the ability to create program policies to Section 1. Function.
Article IV: Membership
Section 5. Change title to `Service of Trustees'. Consider wording `Trustees serve at the
pleasure of the BOCC which may be removed from the Board for good cause only after .....'
Change the attendance requirement to a percentage of regularly scheduled meetings.
Additionally, current last sentence rephrase to 'Good cause for removal shall include but not
be limited to violation of the conflict of interest policy.' Review Larimer County's wording.
Article V: Officers
Section 4. Duties
Board agreed to remove `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.'
When it comes to program acquisitions the OSTB takes board action to recommend to the
BOCC to appropriate program funds for acquisitions. The BOCC takes on the legislative
mechanism via Ordinance. There was retreat discussion to include OSTB signature to the
acquisition ordinance legislative actions.
3 5/4/2017 OSTB Retreat Memo-Annotated Bylaws starting on page 9 of 21
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Article VI: Meetings
Section 1. Regular Meetings
Change language to `Regular meetings shall be held at least once per month,provided
Review Larimer County's wording.
Section 3. Order of Business
Remove from Bylaws and incorporate in WA.
Section 5. Quorum
Add video conference attendance capability to this section. Define what constitutes a
quorum. OSTB prefers video conferencing.
Review GOCO Section III (R) Attendance by Telephone (p. 34 of 43)
R. Attendance by Telephone. Members may participate in Meetings of the Board or of any
of its committees by means of conference telephone or similar communications equipment by
which all persons participating in the Meeting can hear each other at the same time. Such
participation shall constitute presence in person at the Meeting.
And review Larimer County Section VI (F) (p.27of 43)
F. A quorum at any meeting of the Board shall consist of a majority of the currently
appointed members. Any action by those present,provided there is a quorum,
constitutes an action of the Board. In the event a quorum is not present at any meeting,
the members may adjourn and reschedule the meeting for a later date with required
notice.A Board member may participate in the meeting by telephone if necessary to
create a quorum or where a quorum is present and a Board member Is otherwise
unable to attend in person.Telephone participation shall be conducted in a manner
that allows the Board member to hear what is being said by all others attending the
meeting and for all others attending the meeting to hear the Board member. If the
Board member who wishes to participate by telephone Is needed to create a quorum
and that Board member cannot effectively participate because he/she does not have
access to written materials presented during the meeting by staff or members of the
public,the meeting may by necessity need to be postponed.
Section 7. Change title to Public Notices and Study Materials.
Change language to 'The Director shall deliver a minimum of 48 hours in advance of a
regular meeting, minutes of the previous meeting and copies of material to be studied or
acted upon, including an agenda'.
Section 9. Open to the Public
Bylaws will indicate the OSTB conduct at least one regular meeting per month. A second
meeting date will be reserved and if conducted will be noticed as a `special executive
session' meeting. OSTB will continue to schedule meetings following the first and third
Thursdays for projecting meeting dates.
Article VII:
Change title to `Conflict of Interest and Function'.
Section II. Prohibition on Conduct: Change title to `Conflict of Function'.
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Section II.( C ) Remove reference to Article IV Section 5
There was discussion about GOCO's Bylaws VI. Conflicts of Interest and Standards of
Behavior; (A) Background and Purpose and(C ) Conflict of Interest Policy(4). (p. 37 & 38
of 43)
There was discussion about how to handle the potential of personnel enrichment by board
members. Also whether to define a non-disclosure time period for departing board members
similar to Planning and Zoning.
Dale will continue to refine Conflict of Interest and Function.
Additional potential Bylaws provisions discussed:
The HRC does not fix term limits, if the OSTB wishes set term limits it will require an
amendment to the HRC.
The ability for the OSTB to form committees with non-members and or with previous trustees
was discussed. Committees could be useful conducting outreach and in philanthropic pursuits.
OSTB Working Agreements Outcomes4:
#1.'New Directives' changes to `Agendas and Packets' and remove the first sentence. Add
agenda component information. Content will no longer be first in the Working Agreement
order.
#1. Change to `Policy and Acquisition focus' which was previously#4 Policy focus.
List the OSTB's core functions as #2.
#2. Public Meeting Etiquette:
Change content to `Trustees will seek to vet ideas or criticisms with staff prior to public
meetings, and will be mindful of the unintentional stimulation of unfounded public
expectations'.
#3. Preparation:
Rewrite content after reviewing GOCO VI. Conflicts of Interest and Standards of Behavior;
(E) Board Attendance and Preparedness. (p 38 of 43) Remove reference to `voting matters'.
#5. Program inquiries:
Rewrite content to reflect the program's re-organized structure. Possibly change agreement
title to `Board inquiries', but think of a more appropriate title.
#6. Decision making:
Content remains the same.
#7. Responsiveness to public:
4 5/4/2017 OSTB Retreat Memo—Annotated Working Agreements starting on page 17 of 21
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The content intentions in#7 and#5 overlap. Review GOCO Section VI (F) Additional
Standards of Behavior; #1. Board Behavior(p 39 of 43). And review OSTB Policies when
re-drafting content.
#8. Commitment to the Board:
Change to `Attendance' and combine with#3 Preparation.
#9. Free speech of individual Trustees:
Content remains the same.
Staff proposed new working agreements:
Proposed#10 was revised as a draft at the retreat.
Board shall endeavor to engage in all the program's outreach processes including but not
limited to public open houses, public surveys and board directed reports. The board
recognizes that staff recommendations culminate from public outreach,public input and
contracted report processes.
Staff stated the goal for this proposed agreement is for the board to participate in the
program's public processes.
Board members suggested to add content describing the board's obligation to balance all
types of inputs including wildlife and budgetary considerations in their decision process.
Proposed#11 speaks to the board not changing adopted policies spontaneously during an
open public meeting.
The need for the agreement was considered and determined not to be needed. WA#6
Decision making; could be enhanced to cover the proposed intent.
BOARD AND STAFF COMMENTS
Howie Mallory suggested the OSTB support and work toward community objectives using
reducing carbon emissions as an example. Another example is Pitkin County trails as alternative
commuting corridors. Gary added because the program in under the domain of Pitkin County the
program also follows the County's policies with climate change being one. Lazy Glen just
underwent a CORE evaluation with projects to reduce its carbon footprint. Water rights will be
another huge community endeavor.
Tim McFlynn suggested the OSTB form a committee to review how OST can contribute to the
community's long range objectives.
Tim suggested that OSTB conduct quarterly executive special meetings on the ground as all day
endeavors. The goal would serve to refresh the board's acquisition program priorities and
encourage broader vision.
Graeme Means commented on expanding the program objectives through partnerships. An
example would be utilizing partnerships to provide agricultural housing as part of the agricultural
leases. Addressing the importance of the farmer being on the land that the farmer is working on.
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He questioned if there is potential to partner with the housing authority to create agricultural
housing or for the OST program to work with the housing authority to adjust their guidelines to
address housing possibilities on leased OST agricultural lands?
Hawk Greenway expressed support of Tim's 'on the ground' quarterly executive session
meetings. He felt such efforts would propel the board's thinking into big overview policy work
and at the same time address acquisition decisions.
Hawk continued into another comment about the aesthetic importance of open space
infrastructures as important components within the surrounding landscape. He used the
permanence of bridges as an example. He questioned if it is important for the OSTB to weigh in
on a policy that would elevate infrastructure aesthetics from the basic cost effective approach to
being considered and designed as part of a built environment. Hawk added, aesthetic
considerations may come up when developing the historic structure policy.
BOARD ACTION
OSTB chair and vice chair rotation
Hawk Greenway moved to appoint Wayne Ives as chair of the Open Space and Trails Board with
Howie Mallory to serve as vice chair, beginning with the May 18th meeting. . Tim McFlynn
seconded. Motion passed(3-0).
ADJOURN
The OSTB annual retreat of May 4, 2017 was adjourned at approximately 4:30 p.m.
Approved: Attest:
Hawk Greenway, Chair Fran Soroka
Pitkin County Open Space & ails Board Pitkin County Open Space &Trails
Administrative Specialist
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