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HomeMy Public PortalAboutORD - 014 -2018 - An Ordinance Amending Title 3 Sustainability Advisory BoardORDINANCE NO. - 2018 Series of 2018 An Ordinance Of The Town Of Erie, Colorado, Amending Title 3, "Boards And Commissions," Of The Municipal Code Of The Town Of Erie, Colorado To Add A New Chapter 5, "Sustainability Advisory Board;" And, Setting Forth Details In Relation Thereto. WHEREAS, The Board of Trustees of the Town of Erie desires to amend the provisions of Title 3, "Boards and Commissions," of the Town of Erie Municipal Code to add a new Chapter 5, "Sustainability Advisory Board;" and, WHEREAS, the Board of Trustees of the Town of Erie believes it is in the best interest of the Town to amend the Town of Erie Municipal Code in order to add a new Title 3, "Boards and Commissions," Chapter 5, "Sustainability Advisory Board," and that such an amendment is necessary to the preservation of the public property, health, safety, and welfare of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ERIE, COLORADO, AS FOLLOWS: Section 1. Title 3, "Boards and Commissions," of the Municipal Code of the Town of Erie, Colorado shall be and is hereby amended to add a new Chapter 5, "Sustainability Advisory Board," to read as follows: Chapter 5 SUSTAINABILITY ADVISORY BOARD 3-5-1: BOARD CREATED; MEMBERSHIP; QUALIFICATIONS; COMPENSATION: 3-5-2: APPOINTMENT; TERMS OF OFFICE; REMOVALS: 3-5-3: OFFICERS AND COMMITTEES: 3-5-4: MEETINGS, ORGANIZATION AND RULES: 3-5-5: DUTIES: 3-5-6: RELATIONSHIP TO BOARD OF TRUSTEES AND TOWN STAFF: 3-5-1: BOARD CREATED; MEMBERSHIP; QUALIFICATIONS; COMPENSATION: There is hereby created sustainability advisory board for the town. The sustainability advisory board shall consist of seven (7) members. All seven (7) members shall be bona fide residents of the town. If any member shall cease to reside in the town, his or her membership on the sustainability advisory board shall immediately terminate. All members shall serve without compensation. 1 3-5-2: APPOINTMENT; TERMS OF OFFICE; REMOVALS: A. Appointment: 1. All members of the sustainability advisory board shall be appointed as at large members by the board of trustees. 2. The temporary appointment of members shall be made by the board of trustees at a regular board meeting held within thirty (30) days from the effective date hereof. The term of the temporary members shall terminate at the next regular town election. The initial appointment of members shall take place at the regular meeting of the board of trustees first following the next regular town election. 3. Vacancies occurring other than through the expiration of the term of the member shall be filled for the remainder of that member's term by appointment by the board of trustees. 4. Members of the sustainability advisory board may be reappointed at the discretion of the board of trustees. B. Terms Of Office: The term of office for each member appointed shall be as follows: 1. The first four (4) members appointed to serve as initial members of the sustainability advisory board shall each be appointed for a four (4) year term. 2. The next three (3) members appointed to serve as initial members of the sustainability advisory board shall each be appointed for a two (2) year term. 3. Appointments made following the expiration of the initial terms, as set forth in subsections B1 and B2 of this section, shall each be for a term of four (4) years. C. Removal From Office: The board of trustees may, by a majority vote of those present, remove any member of the sustainability advisory board for the following reasons: 1) a conflict of interest violation; 2) any violation of law, regulation, or policy; 3) nonattendance to duty; 4) failure to attend three (3) consecutive regularly scheduled meetings without a leave of absence approved by a majority of the sustainability advisory board 5) being a plaintiff or being actively involved or participating in a lawsuit against the town; or 6) any other cause. 31-5-3: OFFICERS AND COMMITTEES. A. Officers Enumerated: The sustainability advisory board shall elect its chairperson, vice chairperson and secretary from among the full membership of the sustainability advisory board. The terms of the chairperson, vice chairperson and secretary shall be for one year. B. Election Of Officers. The election of officers shall be held at the first regular meeting of the sustainability advisory board held after appointment of the members as provided in section 3-5-2 of this chapter. If no appointments are necessary, then the election shall be held at the first regular meeting of the sustainability advisory board held after one year from the date of the pnor election of officers. C. Vacancies In Office: 1. A vacancy in the office of chairperson shall be filled automatically by the vice chairperson, and a new vice chairperson shall be elected at the next regular meeting of the sustainability advisory board from among the remaining members. 2 A vacancy in the office of vice chairperson or secretary shall be filled at the next regular meeting of the sustainability advisory board from among the remaining members. 3 The officer elected to fill an irregular vacancy in the offices of chairperson, vice chairperson or secretary shall serve until the next following election as provided for herein. D. Committees: The board of trustees, alone, may appoint ad hoc committees from among the members of the sustainability advisory board. 3-5-4: MEETINGS, ORGANIZATION AND RULES - A. Regular Meetings: The sustainability advisory board shall hold at least one regular meeting in the town hall in each month. The board shall determine the yearly schedule of meetings and provide such schedule to the town clerk for publication Alternative dates, times or places may be approved by the sustainability advisory board, as long as notice of such meetings is posted and such meetings are held in public places. The board shall hold a minimum of six (6) meetings per year. B. Special Meetings: The sustainability advisory board may call for special meetings in accordance with rules adopted. C. Open Meetings: All meetings shall be open to the public. D. Quorum: A quorum shall be one-half ('/2) of the total number of actual members of the sustainability advisory board, rounded up to the nearest whole. No meeting shall be held without a quorum. E Public Input: The public attending a sustainability advisory board meeting shall be allowed to address the sustainability advisory board prior to the sustainability advisory board's consideration of regular business items. Persons wishing to address the sustainability advisory board shall state their name and address for the record. F. Presiding Officer: 1. The chairperson shall preside at all regular, special or adjourned meetings of the sustainability advisory board, and shall, subject to the rules of the board, decide all points of procedure. 2. The vice chairperson shall assume the duties and responsibilities of the chairperson in the event the chairperson is absent or unable to perform. 3. When both the chairperson and the vice chairperson are absent, those members present shall select a member by a majority vote to preside over the meeting. G. Conduct Of Meetings: Conduct of all meetings shall be pursuant to rules of conduct as adopted by the board of trustees. The sustainability advisory board shall adopt bylaws which bylaws may be amended from time to time by a majority vote of both the sustainability advisory board and a majority vote of the town board of trustees. H. Voting Requirements: 1. A majority vote of the members present is required for all recommendations, determinations, and elections. Such a majority vote shall be presented to the board of trustees as an advisory opinion of the sustainability advisory board. A minority opinion may also be submitted to the board of trustees. 2. All members, inclusive of the chairperson, are eligible to vote on any item. 3. Any sustainability advisory board member shall request of the chairperson to be excused from any discussion or vote on any matter in which the member feels there is a personal conflict of interest. I. Minutes And Records: The sustainability advisory board shall keep minutes of its meetings and records of its transactions, which shall be publicly available. Such minutes and records shall be turned over to the town clerk for keeping. 3-5-5: DUTIES: The duties of the sustainability advisory board are as follows: A. To advise the board of trustees, by wntten report, in connection with matters relating to the planning, development, maintenance and management of sustainability activities throughout the Erie planning area. B To create a sustainability master plan with the support of the Town staff to be reviewed and approved by the Board of Trustees, updating it every 5 years, or sooner if needed. The initial sustainability master plan shall be created by the sustainability advisory board on or prior to Deictinb ex 31 , 2019. C. To occasionally survey the community to understand local perspectives on the progress of sustainable activities and the desires for additional sustainable activities. D. To promote and encourage the development, public awareness and proper use of sustainability activities throughout the Erie planning area. E. To coordinate with Boulder and Weld Counties and neighboring jurisdictions, Town Staff and other Erie Boards and Commissions/Committees in the identification and promotion of sustainability activities. F. To assess sustainability related provisions of the town's plans and ordinances, and if determined to be necessary, recommend, by written report, amendments to the board of trustees. G To recommend, by written report, grants or other sources of funding sustainability activities. H. To promote sustainability awareness at town events or at the request of interested individuals or groups. I. To perform such other functions associated with sustainability as the board of trustees may from time to time direct. J. To perform such other duties as may be directed by the board of trustees from time to time. 3-5-6: RELATIONSHIP TO BOARD OF TRUSTEES AND TOWN STAFF: A. The sustainability advisory board shall advise and recommend to the board of trustees exclusively on those matters pertinent to sustainability. B The sustainability advisory board shall biannually prepare a written report which shall then be presented orally to the board of trustees at a board of trustees meeting, with the first report and presentation occurring after the first of the year and the second prior to the start of the town's budget consideration for the following year. C Staff will be available to attend sustainability advisory board meetings quarterly at the request of the sustainability advisory board chairperson. D. A member of the board of trustees shall be appointed as the board of trustees' liaison to the sustainability advisory board. The liaison will attend regular board meetings and be the conduit of bidirectional information to and from the board of trustees. The liaison is not a member of the sustainability advisory board, nor is the liaison entitled to a vote. Section 2. Severance Clause. If an article, section, paragraph, sentence, clause or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Trustees of the Town of Erie, Colorado hereby declares that it would have passed this Ordinance and each part or parts thereof, inespective of the fact that any one part or parts may be declared invalid or unconstitutional. Section 3. Repeal. All other ordinances, or parts of any ordinances or other Code provisions in conflict herewith are hereby repealed. Section 4. Effective Date. This ordinance shall take effect thirty (30) days after publication following final passage. INTRODUCED, PASSED, ADOPTED AND ORDER PUBLISHED IN FULL BY THE BOARD OF TRUSTEES OF THE TOWN OF ERIE THIS AY OF March , Zois. . PUBLISHED IN FULL ON THE qiih DAY OF fi er , 2018. NNNNN ATTEST: By. J; : sica Koenig, De ►} ty 'own Clerk TOWN OF RIE, a Colorado municipal corporatio By: Mna. Harris , Mayor 6