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10.24.22 PRAB PacketPARKS & RECREATION ADVISORY BOARD Virtual Meeting 6:00 p.m., October 24, 2022 100 Years of Excellence Boulder Parks & Recreation Advisory Board Members 2022 Charles Brock Elliott Hood Mary Scott Anita Speirs Jason Unger Sarah van der Star Pamela Yugar Mission Statement BPRD will promote the health and well- being of the entire Boulder community by collaboratively providing high- quality parks, facilities and programs. Vision Statement We envision a community where every member’s health and well- being is founded on unparalleled parks, facilities and programs. Goals of the Master Plan 1. Community Health and Wellness 2. Taking Care of What We Have 3. Financial Sustainability 4. Building Community 5. Youth Engagement 6. Organizational Readiness AGENDA All agenda items are approximate I.APPROVAL OF AGENDA (2 minutes) II.FUTURE BOARD ITEMS AND TOURS (2 minutes) III.PUBLIC PARTICIPATION (15-30 minutes) A.This portion of the meeting is for members of the public to communicate ideas or concerns to the Board regarding parks and recreation issues for which a public hearing is not scheduled later in the meeting (this includes consent agenda). The public is encouraged to comment on the need for parks and recreation programs and facilities as they perceive them. All speakers are limited to three minutes. Depending on the nature of your matter, you may or may not receive a response from the Board after you deliver your comments. The Board is always listening to and appreciative of community feedback. IV.CONSENT AGENDA (5 minutes) V.Approval of Minutes from September 26, 2022 VI.Parks and Recreation Project Updates VII.Parks and Recreation Operations Updates VIII.ITEMS FOR ACTION IX.MATTERS FOR DISCUSSION/INFORMATION A.North Boulder Park Alt. Review (45 minutes) X.MATTERS FROM THE DEPARTMENT A.Role Overview with City Attorney (20 minutes) B.Micromobility Pilot Review (20 minutes) C.Overview of Capital Investment Strategy Update and Process 2023-2028(20 minutes) XI.MATTERS FROM BOARD MEMBERS A.PRAB Retreat Planning (5 minutes) B.PRAB Matters (verbal) (5 minutes) XII.NEXT BOARD MEETING A.Monday, November 7, Retreat, 6:00 pm, Open Space and Mountain Parks Bldg. B.Monday, November 28, 6:00 pm, Virtual XIII.ADJOURN 1 1 1 PARKS AND RECREATION ADVISORY BOARD FUTURE BOARD ITEMS UPDATED: October 19, 2022 OCTOBER NOVEMBER DECEMBER JANUARY REGULAR MEETING October 24: Virtual •North Boulder Park Alt. Review (d/i) 45min •Role overview with City Attorney (md) 20 minutes •Micromobility Pilot Review (md) 20min •Capital Investment Strategy process and update (md) 20 min •PRAB Retreat Final Prep (mb) •PRAB Matters (mb) 10 minutes November 28: TBD •Reservoir Annual After Action Review – (d/i) •Pleasant View Access update (md) •Final 2023 Operating Budget (md) •PRAB Recruitment Questions (mb) •PRAB Retreat Follow Up – Letter to Council (mb) December 12: TBD •Reservoir Annual After Action Review – (md) •Reservoir ANS Update (md) •Board and Commission Inclusion (mb) •PRAB Matters (mb) January 23: TBD •Recreation Center Strategy process/input (d/i) 30min •Civic Area Project Overview (md) •BPR 2023 Action Initiatives and Workplan Highlights (md) •PRAB Matters (mb)STUDY SESSION Nov. 7: PRAB Retreat Department Events and Items of Interest •October 6: 2023 Budget 1st Reading and Public Hearing (cc) •October 9: Meet the Spirits event (e) •October 20: 2023 Budget 2nd Reading and Public Hearing (cc) •October 27-28: Halloween Drive-in Movies @ the Rez •November 24: Thanksgiving Day Closure •December 25: Christmas Day Closure •December 31: New Year’s Eve limited hours/closures •New Year’s Day: Recreation Centers closed, EBCC New Year’s Kick-off • AGENDA SETTING The PRAB Chair, PRAB Vice Chair and BPR staff set the agenda for the next month on the Thursday directly following the regular PRAB meeting. PRAB members can submit agenda requests to the Chair and Vice Chair by Wednesday following the PRAB regular meeting for consideration. If time-sensitive matters arise, PRAB Chair and Vice Chair may amend the agenda as needed. LEGEND Action Item (a): A public hearing item to be voted on by the Board (public comment period provided). Procedural Item: (p): An item requiring procedural attention. Consent Item (c): An item provided in written form for consent, not discussion by the Board; any consent item may be called up by any Board member for discussion following the consent agenda. Discussion/Information Item(d/i): An item likely to be a future action item (or council item) and/or that benefits from an in-depth discussion. Matters from the Department (md): Items that will be reviewed and discussed during the meeting but not requiring as much in-depth analysis. Matters from the Board (mb): Items initiated by the Board that will be reviewed and discussed during the meeting but not requiring as much in-depth analysis. City Council Item (cc) Other Boards and Commissions (obc) Community Engagement and/or Events (e) Holiday/Closure (h/c) Italics indicate a tentative date or plan. 2 TO: Parks and Recreation Advisory Board FROM: Alison Rhodes, Director of Parks and Recreation Bryan Beary, Senior Manager, Community Building and Partnerships Mark Davison, Senior Manager, Planning Regina Elsner, Senior Manager, Natural Lands Jackson Hite, Senior Manager, Business Services Megann Lohman, Senior Manager, Recreation Stephanie Munro, Senior Manager, Regional Facilities Dennis Warrington, Senior Manager, Urban Parks SUBJECT: Consent Agenda DATE: October 24, 2022 A.Approval of Minutes September 26, 2022 3 CITY OF BOULDER BOULDER, COLORADO BOARDS AND COMMISSIONS MEETING MINUTES To listen to the Parks and Recreation Advisory Board meetings in their entirety, please go to the following link: www.boulderparks-rec.org Name of Board/Commission: Parks and Recreation Advisory Board Date of Meeting: September 26, 2022 Contact Information Preparing Summary: Rosa Kougl; kouglr@bouldercolorado.gov Board Members Present: Mary Scott, Jason Unger, Pam Yugar, Sunny van der Star Board Members Absent: Charles (Chuck) Brock, Anita Spiers, Elliott Hood Staff Present: Regina Elsner, Ali Rhodes, Stephanie Munro, Mark Davison, Megann Lohman, Bryan Beary, Tina Briggs, Alison Eklund Guests Present: N/A Type of Meeting: Regular Agenda Item 1: Call to Order The meeting was called to order at 6 p.m. A quorum was present for the conduct of business. Motion to approve agenda. First motion by Scott, second by Unger. The motion passed 4-0. Agenda Item 2: Future Board Items: Rhodes, Director reviewed upcoming agenda items and tours. •No questions or comments from the PRAB Agenda Item 3: Public participation: (1)Tom Lindahl; President of the Local Military Officers Association Chapter, proposing an upgrade to Bill Bauer Park. Would like to put in an interpretive display, who was Bill Bauer and why is the park named after him. The chapter has proposed a plaque and associated landscaping. The chapter is prepared to fund the entire effort and would welcome the PRAB’s advice on how to solicit the project. (2)Larry McKeogh; Boulder resident for 33 years. Sharing the season’s open water swims and activities and to thank the city staff parks and Director Rhodes as well as reservoir manager, Stacey Cole, for enabling aquatic activities to return this year. (3)Patrick O’Rourke; wanted to make sure that the Civic Area Plan includes the potential of a historic district. (4)Kathryn Barth: Meet the Spirits invitation to all for October 9 and thank you to the community group and staff that support this event. (5)Lynn Segal: Would like to have a public hearing regarding the band shell, would like a “good public hearing” so that people can speak up as to what they find beneficial. 4 Agenda Item 4: Consent Agenda A.Approval of Minutes from August 22 Study Session Motion to approve the minutes from the August 22 Regular PRAB meeting. Motion by Unger. Second by van der Star. The motion passed 4-0. B, C, D. Updates from the Director, Project Updates, Operations & Development •PRAB had the following questions or comments to Director Rhodes: •Yugar would like an update on the South Boulder Rec Center. Waiting on paint for the gym floor. Once the pool work is done, we'll have an opportunity to finish the the walls in the previous racquetball court at the South Wall Rock Center. This will become a ninja obstacle course studio. •Yugar thanked Rhodes for the Cool Boulder update E.Matters from the Department •Briggs updated Historic Places Plan Project as the guiding document for proactive stewardship for the next 10-20 years of 12 historical and cultural assets. Briggs shared the historic resources, timeline, and next steps with a $190k grant all managed by Parks & Rec. Rhodes added that we make sure that, in line with any plans, for this one specifically, we consider how we best take care of these valuable, wonderful historic resources. •Rhodes talked about the Recreation Recovery Plan, using a chart, reminding, and sharing with the board how we are doing this year against last year. We are doing better even considering being impacted by the staffing shortage. Scott asked if we are “hitting up” the senior community. Lohman replied that older adults are being added to our marketing pieces and flyers and added that all demographics are being highlighted as opposed to just targeting one demographic. •Unger asked about the Downtown Boulder Planning. Rhodes replied that next month the board will see a preview of the 3-year work for capital investment on this project. Agenda Item 6: Matters from the Board Members A.PRAB Meeting Schedule. No comment. B. PRAB Retreat Planning PRAB elected Unger and Hood to lead the agenda setting for the retreat. The draft agenda outlines several areas of discussion to help the board understand and potentially augment its role in community issues. The board agreed it would be helpful to have a presentation by a city attorney at the October meeting, with the content providing an overview of the PRAB’s role and limitations as outlined in the charter. C.PRAB Matters PRAB had the following questions/comments: 5 •Several members attended Studio Arts Boulder’s Chili Contest. Enjoyed the community experience and contest. A board member suggested that Studio Arts Boulder bring in more ethnicities to the contest. Agenda Item 7: Next Board Meeting Next Board meeting: Monday, October 24, 6:00 p.m. (Virtual) Agenda Item 8: Adjourn Motion to adjourn. Motion by van der Star. Second by Scott. The meeting was adjourned at 7:24p.m. Approved by: Attested: ___________________ _____________________ Pamela Yugar Rosa Kougl Board Members BPR Staff Date: ______________ Date: _________________ 6 B.Parks and Recreation Development Update The following information is intended to provide the PRAB with relevant updates on specific projects as they reach major milestones. This section is not all inclusive of all current projects and only illustrates major project updates. For a complete list of all current projects and details, please visit www.BoulderParkNews.org. Planning and Design The following projects are currently in the planning and design process that involves research, alternatives analysis, public involvement and development of planning documents and design plans to guide decision making and future capital improvements. •Columbia Cemetery: o Headstone Preservation - In September and October, Atlas Preservation restored over 75 headstones at Columbia Cemetery. The work involved re-setting fallen headstones, raising and leveling pediments, and reattaching damaged pieces of the monuments. BPR’s Historic and Cultural Asset Manager worked closely with Atlas Preservation to document the work performed and select sites for future conservation efforts. o Meet the Spirits: On October 9, Parks and Recreation partnered with Historic Boulder to host the first Meet the Spirits event at Columbia Cemetery in four years. Over 720 tickets were sold, raising $12,000 for Historic Boulder and the PLAY Foundation. Meet the Spirits has proven to be a great way to engage the community with the unique history of Boulder’s landmark cemetery. 7 o Burial Index: After years of research, data collection, and beta testing, the Columbia Cemetery Burial Index and Interactive Map will be made accessible to the public on the BPR website. The Index allows users to search for information on individuals buried in the cemetery based on name or location and will be updated as new information becomes available. C.Operations Update •Recreation Facilities and Aquatics North Boulder Recreation Center (NBRC): During the annual maintenance shutdown in August, staff discovered a leak in the NBRC pump room. Due to the nature and location of the leak, a portion of the deck at NBRC was closed while the Facilities Department and an outside contractor worked to address the leak with minimal operating impacts. The leak is now addressed with only a 2-3 day closure of the facility. The contractor will return in November to grind down the recently poured concrete and apply an epoxy finish to match the existing deck material. No further impacts to the lap pool availability are expected for this work. During the recent summer pool season, the aquatics industry was impacted by a CO2 shortage. CO2 is used to aid in balancing the chemical composition of pools. This shortage caused the closure of the NBRC lap and leisure pools for 10 total days over the summer season. To avoid this type of closure in the future, staff are procuring a secondary system utilizing acid to be used in the event of future CO2 shortages. This small investment will help to ensure consistent operations at the NBRC into the future. South Boulder Recreation Center (SBRC): The SBRC lap pool leak has been addressed and the final work to clean and reopen the space was completed in mid-October. The pool is scheduled to reopen the week of October 17 with limited operating hours. Due 8 to the national lifeguard shortage, BPR continues to prioritize pool availability based upon accessibility, amenities, and usage. As the SBRC lap pool only has six lanes and less modern facilities that limit accessibility, operations with limited staff are focused on NBRC and EBCC. Some lap lane space will be made available to the public in the evenings after 6pm, and both lap and family swim times will be made available on Sundays. The SBRC pool largely supports youth and teen swimming through Fairview Swim Teams, youth water polo, and youth synchronized swimming programs, the primary afterschool and evening users of the facility.  The gym work is also largely complete at SBRC and was opened to the public at the beginning of October. In inspecting the work, staff discovered an error with the placement of the full-court basketball lines. The 9 contractor returned to begin fixing the lines on October 16 and will complete it later that same week. Staff will communicate further as repair details are finalized. Pools Special Initiative Grant Update: Staff implemented recruitment and retention efforts for pool-based aquatic employees as part of the state’s Pools Special Initiative, which was intended to increase the availability of safe access to pools over the summer months. The grant measurement period ended September 30, 2022, and reported outcomes on all measures are included below. The Work to Win raffle encouraged team members to work additional hours each week, with raffle tickets given out for those working 20 and 30 hours or more a week. The goal was to increase the average hours worked by existing staff members. Over the measurement period, the average hours worked by our lifeguard staff increased 88% from the spring to the summer season. A total of 45 staff received gift cards for a total of $4,500 spent. Based on the metrics tracked and quantitative feedback from staff, this was the greatest incentive to pick up additional hours over the course of the summer and created a level of excitement and fun with the job. Stay Bonuses allowed staff who remained employed with BPR through the entire summer season and worked at least one full shift a week to be eligible for an extra $1 per hour on every hour worked June through September 4. A total of 115 staff received an end-of-season bonus for 11,191 hours worked. The total amount spent was $13,259.17 due to payroll benefits applied to these bonuses. Quantitative feedback indicates that this end-of-season retention bonus was influential in staff continuing to work for BPR for the 10 duration of the entire season. These 115 staff accounted for 61% of all hours worked over the course of the grant period. The More the Merrier referral program offered staff who referred a new employee and the new employee $100 each, awarded once the new employee worked 50 total hours. Employees could refer an unlimited number of new staff if they met all other requirements. This program also awarded existing department staff in other areas the same $100 bonus if they transfer into an aquatics position at the end of their current seasonal employment. This incentive was not successful, and no recruitment bonuses were awarded. Staff believes that the timing of the grant award was not conducive to recruitment efforts of this type and will further explore both recruitment and retention efforts through the winter and spring seasons. It is also possible that $100 incentive is not the appropriate amount. An overview of some reported grant measures and highlights is included in table 1 below. Table 1: Staffing Metrics Tracking 2022 Summer Grant Period vs. 14 weeks prior and Summer 2021 2022 Summer Grant Period (May 30 – September 4)* 2022 Spring (14 weeks preceding Grant) (February 21 – May 29)* Similar 2021 Period to Grant (May 31 – September 5)* YoY Change Summer 2021 to 2022 Spring to Summer 2022 Change Total # of Aquatics Staff (min) 65 41 29 +124%+59% Total # of Aquatics Staff (max) 112 73 76 +47%+53% Total Hours Worked 18,272.25 4,926.50 15,432.75 +18%+271% Average Hours Worked / Employee 25.8 / pay period 13.7 / pay period 30.2 / pay period -15%+88% * Aligned to pay periods for consistency in reporting 11 AGENDA ITEM VII-A PAGE 1 C I T Y O F B O U L D E R PARKS AND RECREATION ADVISORY BOARD AGENDA ITEM MEETING DATE: October 24, 2022 AGENDA TITLE: North Boulder Park Site Plan: Concept Plan Alternatives for the Play Areas, Fitness, Shelter, Bathrooms and Adjacent Gathering Areas PRESENTERS: Alison Rhodes, Director, Parks and Recreation Department Mark Davison, Planning Senior Manager, Parks and Recreation Department Doug Godfrey, Senior Landscape Architect EXECUTIVE SUMMARY: The purpose of this memo is to provide PRAB with information and gather input regarding the development of a site plan for North Boulder Park covering the Play Areas, Fitness Equipment, Shelter, Bathrooms and Adjacent Gathering Areas. At the October 24 meeting, staff will present and seek input on two concept plan alternatives. This input from PRAB will inform the final design development and construction documents that will lead to construction within the boundary of the site plan. Initially, the playground and shelter were identified and approved in the department’s Capital Improvement Program (CIP). The playground at North Boulder Park had been identified by BPR staff as needing renovation with the equipment in the playground surpassing its useful lifecycle and impacted significantly by vandalism. In addition, there is a need to update the existing shelter, converting the existing seasonal restroom into year-round, universal facilities. Based on feedback received through an on-line survey, two in-person public meetings, and PRAB feedback, staff recognized the need to explore the spaces adjacent to the play area and shelter. In addition, with the recent approval of the department’s updated Master Plan and on-going work associated with the Alpine-Balsam Area Plan, there is a need to expand the project beyond the playground and shelter areas. For this reason, the site plan with the two alternate concepts includes improving gathering spaces and amenities associated with the shelter, expanding the play areas to include nature play activities and adding teen-friendly spaces, and refurbishing the outdoor fitness areas. BACKGROUND: The department’s CIP allows for yearly repairs and renovations of existing assets in BPR’s parks and is focused on those that are reaching the end of their lifecycle. This funding supports investment in major maintenance, enhancement, replacement, and new assets throughout the system to meet the goals outlined within the BPR Master Plan and 12 AGENDA ITEM VII-A PAGE 2 Capital Investment Strategy. In 2023, the site plan for North Boulder Park will refurbish and replace existing assets as well as adding new assets to meet community needs. The original design for the North Boulder Park playground dates to 1968. The 1968 playground design consisted of a series of playground ‘bays’ that contained wood climbing structures, open turf play areas, and multiple planting beds around the shelter. The existing shelter dates to the mid-1950s and included restrooms, an enclosed recreation area, and storage rooms. The current playground equipment is a post-and- platform style made mostly of metal and plastic and accommodates 2 to 5 and 5 to 12 age ranges. These structures allow for climbing, sliding, balance, other fine motor skills, and interaction between playground users. The playground also has several independent play structures such as swings for toddlers and older users, ring swings, and sand diggers. The playground surfacing is a pea gravel material. The equipment was installed in the mid- 1990s. Several pieces of the playground equipment were also recently vandalized, resulting in the need to close or remove the structures. Because of the age of the equipment, replacement parts are no longer available. The most recent and significant renovations to the North Boulder Park playground area occurred in 2014 and 2018. In 2014, work was completed at the playground to address critical deficiencies and, where possible, provide amenities identified by the community. Completing this work was made possible by the passage of the 2011 Capital Improvement Bond (CIB) which allowed the department to address critical deferred maintenance items. The 2014 work included significant concrete repair work around the existing shelter and to adjacent sidewalks and the addition of a poured-in-place surfacing to provide better access to play structures. This work allowed the department to address and come into compliance with then new updates to the Americans with Disabilities Act (ADA). The 2014 renovation work did allow the department to provide other amenities for the community that were identified through a public engagement process. The renovation project included the removal and replacement of fitness equipment that was installed in 1984. A new fitness area was provided to the south of the playground. A new basketball court and ping pong table were also installed at this time. To address maintenance issues, individual planting beds were consolidated or removed as appropriate. During the planning for the 2014 renovation project, staff determined that the 1990 play equipment, while then approaching the end of its lifespan, did not need immediate attention and could be replaced at a later point as part of the department’s CIP. In 2018, a bike tot-track was installed on the north-east corner of the playground. This installation was possible as part of funding for an art sculpture that was not able to be realized. This installation is meant to acknowledge the history North Boulder Park has played in Boulder biking history such as hosting the Red Zinger and Coors Classic bike races. Site Plan for North Boulder Park: The playground was originally scheduled to be replaced in 2022. The project was delayed due to staff capacity and the need to complete projects ahead of North Boulder Park that were also behind schedule. The site plan will 13 AGENDA ITEM VII-A PAGE 3 provide opportunities users of all ages to play, interact, and learn alongside their peers. While design will be specific to the North Boulder Park, standard equipment generally includes: •Accessible equipment that can be used by children ages 2-5 and 5-12. •Equipment that can enjoyed by children of all physical and mental abilities. •A variety of equipment that focuses on developing social and motor skills for different ages. •Swings for 2-5 and 5+ age groups, sand play, and slides. •Shade: incorporated into play equipment, shelters, or trees. •A teen area for ages 13 to 19 •Relocating and retention/replacement of the existing fitness equipment and providing a gathering area for fitness programs •The department is also coordinating with the city’s Facilities Department to renovate and improve the existing shelter including gathering space in front with excellent views of the Flatirons •The existing restrooms will be converted to year-round, unisex, ADA compliant facilities. •Making the current restrooms year-round will allow the department to remove the existing port-o-let that is used when the current restrooms are winterized or closed. ANALYSIS: Staff started the planning process for the project in early 2022. While the primary focus of the project is the removal and replacement of existing outdated equipment and amenities, the August 2022 approval of the updated department master plan prompted staff to ensure that any redesign considers and responds to the goals and initiatives adopted in the master plan update. Alpine-Balsam Area Plan Implementation: North Boulder Park is within the boundary for the Alpine-Balsam Area Plan. As part of the development of the area plan, staff determined that the potential increased population associated with new population could be accommodated within the Level of Service (LOS) for this park level. Given the already high amount of use within the park, providing additional amenities is recommended to serve the increase in population in this area. The Alpine-Balsam site will provide new affordable and market-rate homes in a range of housing types and will be the future location of the Western City Campus (identified in the Council- approved Facilities Master Plan) to serve customers and house municipal functions. The city is working collaboratively with Boulder Housing Partners (BHP) as co-primary developers of the site. Currently, flood Plan Boundary, Alpine-Balsam Area Plan 14 AGENDA ITEM VII-A PAGE 4 mitigation design is underway and is expected to be complete by the end of 2022. Deconstruction of the former hospital is also underway and is expected to be complete early 2023 2022 Parks and Recreation Master Plan Update: The 2022 Parks and Recreation Department Master Plan Update affirms 6 key themes with associated goals and initiatives that guide the work for the department. The following key themes and goals informed the development of the concept alternatives for the North Boulder Park project. •Community Health and Wellness -Goal 2: Ensure BPR Services and Assets Support the Total Physical, Mental, and Social Well-Being of the Community •Taking Care of What We Have -Goal 1: Provide Well-Maintained and Multi-Use Parks and Recreation Facilities -Goal 2: Ensure BPR’s Asset Management Program (AMP) is Consistently and Clearly Implemented •Youth Engagement and Activity -Goal 1: Enhance the Physical and Mental Health of Teens These themes and goals helped guide the design concepts with the incorporation of teen- friendly spaces for active and passive recreation, a focus on natural elements and nature play opportunities, and including additional amenities such as water play features. Community Engagement and Feedback: Public engagement for the design of the playground area began in July of 2022. The engagement was a two-part process to solicit feedback from the community. The first part of engagement consisted of an on-line questionnaire to gauge playground users’ preferences in playground themes, styles, and colors. The on-line survey was supplemented by two, in-person public meetings at North Boulder Park. The in-person meetings provided staff the opportunity to listen and talk to park and playground and other users for the area adjacent to the shelter first-hand to hear about their experiences. Notification for the survey and public meetings were sent to community members within a ½ mile of the park, consistent with notifications for a community level park. Staff spent August and September 2022 analyzing the feedback to find consistent themes and trends that would inform decisions. Staff then used this information to develop two conceptual plan alternatives. These concept alternatives integrated community feedback and staff expertise, taking a comprehensive look at the area. 15 AGENDA ITEM VII-A PAGE 5 The in-person meetings were held at North Boulder Park on July 29 and 30, 2022. The Friday, July 29, 2022, meeting was from 5pm – 7pm. Approximately 50 people stopped by to talk with staff. The Saturday, July 30 meeting was from 9am – 11 am. Approximately 30 people stopped by. 46 people, kids, filled out our kid friendly questionnaires, (see Attachments A and B), over this two-day period. The in-person meetings provided staff the opportunity to listen and talk to park users first-hand to hear about their experiences. The on-line questionnaire, see Attachment C, was made up of a series of questions where respondents were asked to select their or their playground user’s preferences in themes, styles, and materiality. It also contained open ended questions where respondents could provide their own feedback about the project and what they would like to see in the playground replacement. The informal questionnaire was open to the community from July 20, 2022 through August 4, 2022. 182 complete responses were received from the questionnaire. Results from the questionnaire and the open-ended comments can be found in Attachment D. The information that was received from both the questionnaire and in-person meetings can be summarized, as follows: •Natural playground elements or natural materials received a high-level of interest. •Natural materials are preferred for the play environment. •Water-play opportunities received a lot of positive feedback. •Moving and manipulating the play environment received a lot of interest. •Opportunities for climbing ranked very high with playground users. •‘Regular’ swings are a must, however, there needs to be more and a wider variety of swing types. •There was a high level of interest in tall slides. •Shade is a critical component of a new playground. •More variety in 3-5 play equipment is needed as 3–5-year-olds outgrow 2-5 equipment and prematurely try and use 5-12 equipment. •Remove pea gravel as a playground surfacing. As part of the community outreach process, staff also solicited feedback on the current condition and use of the fitness equipment located adjacent to the playground. Staff heard from the community that: •Fitness equipment is a safety concern for kids and should be removed. •Stationary fitness equipment is used, but movable equipment is not well used. •Fitness equipment (even movable) should be better located away from playground. North Boulder Park In-Person Meeting 16 AGENDA ITEM VII-A PAGE 6 This feedback is also consistent with what staff has heard from BPR operations staff and what we have heard from the PRAB about the fitness equipment at the park. Staff spent August and September 2022 analyzing the feedback that was received from the on-line questionnaire and in-person meetings. Generally, there were consistent findings between the questionnaire results, questionnaire comments, and feedback received at the in-person meetings. This information and feedback were used in the development of the two conceptual design alternatives. Youth Engagement and Activity: One of the key themes of the approved 2022 Parks and Recreation Master Plan Update is Youth Engagement and Activity. The plan’s theme specifically addresses the vital role BPR plays in providing the community’s youth direct experiences with nature and experiential learning opportunities. For the Youth Engagement and Activity theme, two policies provide guidance on the approach in development of the concept alternatives: Policy 1: BPR shall enhance the health, safety, resilience and overall development of Boulder’s youth through parks, facilities and services. Policy 3: When considering capital improvements, BPR staff shall use all data and metrics available to prioritize amenities and features that encourage youth activity, participation, and healthy lifestyles such as nature-based play spaces and innovative teen areas for children and youth in parks and public spaces managed by BPR. The renovation project at North Boulder Park is an opportunity to advance these policies. Both conceptual alternatives include components of nature-based play. Opportunities for interaction with nature and natural elements received a high level of support from the community. This feedback is consistent with the research, findings and feedback that went into the development of the master plan update. The concept alternatives for North Boulder Park also offer opportunities to include passive and active amenities and features for teens including age relevant play equipment, interactive swings, lighting, and sound. Site Plan: Two Concept Plan Alternatives Two concept plan alternatives reflecting the feedback from the community, PRAB, and staff have been developed for the North Boulder Park Site Plan. The alternatives consist of active play areas and areas for passive recreation and gathering. The active play areas in both plans contain the playground equipment for 2 to 5 and 5 to 12 age ranges, and water play opportunities. The passive spaces in both alternatives are comprised of the shelter, bermed areas, and open turf. Teen-friendly features and amenities are also incorporated into both active and passive recreation areas. The fitness equipment has been relocated, updated and includes adjacent space that provide opportunities for health and wellness programs. The proposed active and passive space areas in each alternative are designed to minimize impacts to the existing park site, including mature trees, to the greatest extent possible. 17 AGENDA ITEM VII-A PAGE 7 Active Play Areas, 2 to 5 and 5 to 12 Playground: The area for the proposed 2 to 5 and 5 to 12 playground primarily falls within the footprint of the existing playground. The playground area in both alternatives has been enlarged slightly to accommodate the space required for the desired play equipment, while also minimizing impacts to existing trees. Both playgrounds are separated to encourage playground users to use age-appropriate equipment. Thought has also been given to also ensure that all areas of the playground are visible and accessible for parents and caregivers. Generally, the playground equipment for both age ranges includes opportunities for climbing, sliding, balancing, bouncing, and interacting with other playground users as is best practice in playground design. Both alternatives also provide spaces for sand play, a free-materials area, and toddler swings. The playground equipment in Concept Alternative A, is proposed as more traditional plastic and metal while Alternative B consists primarily of wood. Feedback from the community indicate a preference for playground equipment made of more natural materials. Both concept alternatives provide for natural play opportunities including interaction with sand, water, movable wood elements, and natural topography. Active Play, Water Features: The active play area in both alternatives also include water play features. Opportunities for such features received a high level of interest in the on- line surveys and at the in-person meetings. A Growing Up Boulder report, “Growing Up Boulder, Parks and Recreation Master Plan Update: Summary of Findings, May 2021” found that water play opportunities such as water jets, slides, and diving platforms, ranked highly across age ranges from 2 through 18. Staff recognizes the importance of water conservation and that the use of water in any application must be done so in a way that minimizes the amount of water consumed while still providing an experience desired by playground users. In the proposed concept alternatives, misters or ground jets are considered. These types of features require low amounts of water and include ‘smart’ controls that limit the duration of use. Active Play, Fitness: Feedback from the community and PRAB indicated that while some components of the existing fitness equipment at North Boulder Park are utilized by park users, overall, the equipment poses a safety concern, and that most of the equipment should be removed. Because the equipment is close to the playground, younger playground users gravitate to this equipment and have been injured by moving parts or on the concrete surfacing. The feedback also showed there is some equipment that is used and should be moved or replaced. This included the non-moving, stationary equipment such as the pull-up bars. This equipment should be replaced in a different location of the park. The adult and teen-friendly spaces focus on providing multi-use recreation equipment that is appropriate for each user group. In addition to being available and open to the public for use, the proposed fitness equipment will allow recreation staff to offer 18 AGENDA ITEM VII-A PAGE 8 programmed, outdoor recreation opportunities. The demand for this type of outdoor recreation was highlighted by the community in the 2022 master plan update. In Concept Alternative A, the proposed fitness equipment is located in the area that is currently the open turf area north of the existing basketball court. Prior to the 2014 renovation, this open turf area was where fitness equipment for people experiencing disability and the basketball court were located. The equipment was removed due to its age and was replaced with the equipment that is currently installed adjacent to the existing playground. The proposed new fitness equipment in this alternative is a parkour / Ninja Warrior style, meant to appeal to both teens, young adults and adults. In Concept Alternative B, the fitness equipment is located to the immediate north of the existing shelter. The type of fitness equipment that is proposed in this alternative is considered ‘functional fitness’ equipment. This type of equipment includes more stationary components that can be used by more than one individual at a time. Passive Recreation Space, Shelter: In both concept plan alternatives, the existing shelter at North Boulder Park will undergo renovations as part of the project. The renovation will consist or roof and gutter repairs (completed in 2022) and turning the existing seasonal restrooms into year-round, universal facilities. Improvements also include creating an improved gathering area in front of the shelter with views out to the Flatirons and easier access for the users of the ball diamond fields. To accomplish this an enlarged patio space with shade cover is proposed for the south side of the shelter. Passive Recreation Space, Berms and Open Turf: Berms, or mounds, and open-turf areas provide opportunities for unprogrammed play for park users of all ages such as tag, frisbee, soccer, football, etc. In both concept plan alternatives, large areas of open turf around the playground remain untouched. In some areas of the plan turf berms are proposed. Berms in the concept alternatives serve a dual purpose. First, they provide an opportunity to increase natural play opportunities. Berms can be used for rolling, sledding, and providing an added challenge in winter sports such as Nordic skiing that Fitness Equipment Prior to 2014 Renovation Proposed Parkour Fitness Equipment Functional Fitness Equipment 19 AGENDA ITEM VII-A PAGE 9 occurs within North Boulder Park. At North Boulder Park, berming is also being considered to help minimize the amount of stormwater that migrates across the northern portion of the park in moderate and heavy rain events. In past rain events, stormwater coming down Dellwood Ave. has created maintenance issues by moving playground surfacing material out of the playground, Further work will be completed to better understand the stormwater issues in this area and how they might be mitigated. Teen Friendly Spaces: Prioritizing amenities and features that encourage youth activity, participation, and healthy lifestyles through innovative teen areas in parks and public spaces managed by BPR is a policy of the Youth Engagement and Activity theme in the master plan. The concept alternatives for North Boulder Park seek to provide sanctioned, active and passive recreation opportunities for teens in the community. These spaces are important to offer teens spaces to socialize and interact with peers or find spaces to relax and think on their own. In the concept plans teen-friendly spaces are envisioned in both active and passive areas. While the concept alternatives provide examples of what some teen-friendly spaces and amenities could look like, more community outreach with teens and other park users will occur to respond to this underserved need as we move into the design development phase of the project. QUESTIONS for the PRAB: Active Play Areas, 2 to 5 and 5 to 12 Playground •Does the PRAB have a preference or comments on the type and or style of playground equipment that should be included in the playground replacement? Active Play, Fitness •Does the PRAB have a preferred location of the fitness equipment, as shown in Concept Alternative A or B? •Does the PRAB have a preference for the type of fitness equipment? Teen-Friendly Spaces •Does the PRAB have comments or questions about providing teen-friendly spaces within the active and passive areas of the park? NEXT STEPS: •November 2022: Move to completion of Design Development site plan based on PRAB feedback. •Q1 2023: Develop construction documents and move to construction phase •Q4 2023: Celebrate completion of construction and updated park spaces with the community Attachments: Attachments A and B: Friday and Saturday Kid-Friendly Questionnaire Feedback Attachment C: Blank On-Line Questionnaire Attachment D: Questionnaire Results and Comments Attachment E: Site Plan Alternative A Attachment F: Site Plan Alternative B 20 Attachment A: Friday and Saturday Kid-Friendly Questionnaire Feedback 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Attachment B: Friday and Saturday Kid-Friendly Questionnaire Feedback73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Attachment C: Blank On-Line Questionnaire 113 114 115 116 Report for North Boulder Playground Replacement 2022 Completion Rate:79.8% Complete 182 Partial 46 Totals: 228 Response Counts 1 Attachment D: Questionnaire Results and Comments 117 2. Would you like to receive email updates from Boulder Parks and Recreation? Check all that apply.PercentProject Updates for North Boulder Playground Replacement Monthly BPR Newsletter 0 20 40 60 80 100 Value Percent Responses Project Updates for North Boulder Playground Replacement 89.6%155 Monthly BPR Newsletter 43.4%75 12 118 3. Which look or playground style is more exciting for you and your playground user? Select your favorite from the pictures below. 57% Wood and Stone (minimal plastic and metal) 57% Wood and Stone (minimal plastic and metal) 43% Faux Wood and Stone (plastic and metal designed to look like natural elements) 43% Faux Wood and Stone (plastic and metal designed to look like natural elements) Value Percent Responses Wood and Stone (minimal plastic and metal)56.9%120 Faux Wood and Stone (plastic and metal designed to look like natural elements) 43.1%91 Totals: 211 13 119 4. Please select the type of playground equipment that you and your playground user(s) think would be best suited for North Boulder Park. 23% Tall Towers and Pods23% Tall Towers and Pods 48% Climbing Structures48% Climbing Structures 29% Platforms29% Platforms Value Percent Responses Tall Towers and Pods 22.7%42 Climbing Structures 48.1%89 Platforms 29.2%54 Totals: 185 14 120 5. Please choose the top 3 types of other playground equipment that you and your playground user(s) think would be best suited for North Boulder Park. 56% In-ground Trampoline56% In-ground Trampoline 54% Group Swings54% Group Swings 65% Natural Play Opportunities65% Natural Play Opportunities 45% Group Spinners45% Group Spinners 33% Natural Seating Areas33% Natural Seating Areas 26% Hammock Swing26% Hammock Swing Value Percent Responses In-ground Trampoline 55.7%102 Group Swings 53.6%98 Natural Play Opportunities 64.5%118 Group Spinners 44.8%82 Natural Seating Areas 33.3%61 Hammock Swing 26.2%48 15 121 ResponseID Response 13 A very tall slide at the 5-12 year old equipment (similar to Melody Park and Chautauqua Park) would be appreciated by all. Even though metal gets hot, I am wondering if metal slides could be considered? This is based on the past two 4th of July celebrations where high school kids were lighting fireworks on the plastic slides. A good example of a nice metal slide would be the wide one at the Main Library. Sensory items would be great too such as the chimes that Goric makes: https://goric.com/all-products/dance-chimes/ Overall, the images presented are great and I tend to believe that the wood play equipment that is similar to the Main Library would be used the most by the kids (where they have to climb up to the platform and cross a net to get to the slide). If there is a way to make the 2-5 year old equipment more exciting or utilize sensory or a rock climbing structure for this equipment, it will hopefully be better utilized than the current equipment. Thanks for the opportunity to give input! 16 Including nature in the playground. I also liked a playground in Ridgway, CO called Hartwell Park that incorporates music with multiple creative xylophones for kids to play with. I think there were 6 stations set-up. 20 Would love to have a splash pad at our park 21 There are some amazing parks in Amasterdam that are huge climbing play structures. They have levels for younger kids but also level up for older kids (and even adults can play too). They are made mostly of wood/metal and lots of rope and are great exercise as well as fun play. 22 I have never seen an in ground trampoline at a public park and think that would be awesome if it doesn't frequently break. Zip lines popular. Also, the OLD Scott Carpenter Playground provided a place where kids of all ages could play with the platforms/bridge/slides while having the rocket for climbing—we miss that playground as the new one does not have a similar space. In ground toy excavators are also very popular with the kids 24 Please place any swings, especially baby swings east to west, instead of north to south, so kids can avoid facing the sun. 6. Please describe your favorite image (s) from the playground equipment pictured above. What excites you most about that equipment? Is there any other equipment you would like to see included at North Boulder Park?Hint: You can click the "Back" button below to look at all the photos again, but do not use the back button in your web browser as it causes your answers to be lost. 16 122 25 Variety of installations is important. So too is enough space on the platforms and climbing structures. This park is always incredibly packed with children so there needs to be plenty of space for them all to play. I would also recommend putting the younger structure separate from the older area to avoid the younger kids getting bowled over by the games of tag etc. 26 I think that the natural play opportunity is exciting because it is inviting and open-ended. Other structures are narrowed to one or two activities, whereas people can use their imagination when interacting with natural play spaces. It is most appealing visually as well. I'm concerned about the safety of built in trampoline and group swings, though they look fun, and the climber doesn't look accessible to all ages and abilities. 27 The natural play area is the one I like best. The more that playground equipment can leverage natural materials and shapes, the better. 28 Tall slides, we really enjoyed the playground in Frisco , CO at Walter Byron Park. Lots of fun for all ages, all day. My son like tall slides like the one in Gunnison , CO (Jorgensen Park 31 I would like to see bars, rings and ropes suitable for teens and adults to use. 32 Collaborative play and chance to interact and meet other kids. Also lots of SHADE please ;). 33 The trampoline seems like a fun and new concept. I've never seen a park with that and my kids love to jump! 34 What excites me most is equipment that better suits the ages 3-5. Current structure was great for 2 and under, and then for older kids who would reach the higher aspects. North Boulder Park is one of the closest parks to us but we rarely went because everything required physical assistance from a parent.. does not encourage independent or peer play. Plus the community exercise equipment was a constant draw. 35 I love the platform playground equipment because it has the most versatility for children of all ages and abilities. I love the recycled rubber flooring because it's the safest in my opinion. I also love the hammock swing and other more innovating swings than the traditional swings. Kids love to swing, but get tired of the same old style. 36 I like the natural looking structures because they match the surrounding landscape. 38 The trampoline is fun for kids and you can swing and spin with friends. ResponseID Response 17 123 40 The natural setting would be really nice to bring to the park. Right now it's so open and not much shade, so bringing in more opportunities for shade and play on nature items would be a big upgrade. 41 Would love: sand or other digging / creative features (small rocks, sand pit). We moved from Washington Park in Denver and the shady sand area there was the best part! Would also love a water feature / stream or splash pad! 42 More opportunities for safe, independent exploration 44 My children are 4 and 5 and the existing equipment is too young for them. I would love for more climbing equipment and 'get your energy out' equipment. They currently only use the exercise equipment here which isn't really safe for their ages. 46 I like the natural materials with less plastic and rubber (there are legitimate health issues with using recycled tires/crumb rubber as a playground ground cover - see epidemiological studies esp. of crumb rubber on sports fields and increased cancer risk). 48 I would love to have an enclosed dog park in North Boulder Park!!! 49 Natural play areas allow for more creativity in play and encourage risk taking. 50 I like what's there right now 52 Climbing and jumping 57 Anything that is like Laverne M Johnson park would be amazing. It is the favorite park in the area of every family we know. Natural looking tree houses. Also, we need a lot more SHADE! 58 Trampoline 59 We have a 5 year old who loves to climb. The in ground trampoline is fun. Shade please 60 I like the natural play opportunities for kids to get to experience a more natural play setting 61 The natural play opportunities look very fun to play on. ResponseID Response 18 124 63 I would really like to see equipment for the youngest ages. So much of the time we are at the Christiansen park on Kings Ridge there are non school age children but the majority of the play structures are intended for children 5-12. It would be nice for there to be more opportunities for younger children. The same is true at north boulder park since the 2-5 age structure has so much vandalism now. I do like NBP more because it did have the two distinct structures for different ages 64 Pull up bars 65 Mostly wood, lots of climbing challenges and opportunities for group collaboration and play 66 Group swings as well as individual swings. Any type of tree house top type thing that allows kids to be creative. 67 Natural Play Opportunities! Allows children to develop curiosities about the environment and see it in a different way—something to interact with. 69 We are hoping for playground equipment for older kids (ages 10-15). Climbing structures and an inground trampoline would be amazing! 70 Climbing structures would be great for our kids (age 8 and 13) as would the inground trampoline 72 Natural and environmental 74 I like the types of structures that blend in most with nature. 75 I think it should be like the library playground d or like the plays structures in Brockwell Park in London. Imaginative, unique. 76 Climbing structures and tall towers are a huge hit with our kids - and appeal to kids of all ages! 77 Natural play areas 78 Natural, wood and stone. No high aerial structures. Ping pong, curling and shuffle board preferred. ResponseID Response 19 125 79 I'm very excited for this upgrade! We live a block away and have a two year old and a four year old. We visit the park almost every day, and it's a really important part of our lives. This upgrade will be great; as I'm sure you know, when the frequent fireworks users damaged the tunnel slide, it was destroyed and still hasn't been replaced years later. I was a little confused about how to answer the first question; what matters more than the aesthetic of the materials is the practicality and safety to me. For instance, are some safer for fall impact and high heat? Also, I try to avoid plastic, but this would be an area of such lasting and widespread use that I'm less concerned. I think an upgrade at the park will be awesome! My young boys do love the existing diggers, and keeping them or something like them would be awesome. Slides, swings, and climbing structures of course. One of our favorite parks is LaVern Johnson in Lyons; the zip line, treehouse, and spider web are so cool (along with the fantastic summer water features of course). In the pictures, the trampoline and tree houses / pods looked fun. I'd love to continue to provide feedback and be involved! Thank you. 80 Natural elements 81 My playground users are most excited about the inground trampoline option! They also love swings and any climbing structures 82 1. Monkey bars : the current monkey bars with the triangle handles are much loved! 2. Fire pole : The fire pole is a fun challenge for the kids and much loved! 3. Given the panoramic view of the flatirons, the flatirons climbing rock like Chautauqua park has would be amazing! 84 We like the smooth ground surfaces over rocky ground surfaces, mixed with faux or real rocks and faux or real wood. We're also adults who LOVE the swings at North Boulder Park for the stellar Flatiron views while swinging: Our favorite swings in all of Boulder! 87 Mix of wood and rope climbing structures feels safer and won't be burning hot in the sun like metal. The hammock swing is something I haven't seen but can picture my kids loving! 88 Climbing walls for different age levels/abilities 89 The more shade on the equipment, the better. The playground in un-usable when it gets above a certain temperature (anything above high 70s with direct sun) and the equipment gets dangerously hot. 90 There are SO many kids that visit North Boulder Park, so something that would accommodate a lot of children playing at once. ResponseID Response 20 126 91 I would not want a trampoline, kids will argue over them and it will take forever to leave the park. No sandboxes please!!! Animals use them as toilets and the sand gets filled with bugs. I love the idea of group swings and spinners. As a parent of more than one kid it makes my time more enjoyable at the playground. 92 Slides and swings are our favorite playground things. And adaptive swings are a must!! They are so much better than infant swings which have limited use to young babies- while adaptive swings can be used by all; but are also a swing that disabled children can use safely. 93 Equipment that can attract all ages. Equipment that is physically challenging and creative. Less plastic. More natural. Take a look at the equipment and landscaping at the Dillon Amphiteater playground. 95 No sand! Climbing structures, lots of shade (this playground gets a lot of sun), swings. 96 Large climbing structures for groups of kids to use - go high and are bright and cheerful. Water features that are climbing structures in winter and summer. Trees and natural features. Unique structures that reflect creativity, child integration, interest for all ages. Equipment that does not grow old but stays interesting and fun for many years to come. Equipment that allows kids for diverse ages to engage significantly and not merely sit on top of. Equipment that interests adults as well as children so they join in the fun. 97 Please, please take inspiration from PACO SANCHEZ park in Denver!! Boulder is devoid of creativity when it comes to all playgrounds. Paco Sanchez serves all ages well. 99 We would really like a monkey playground so both kids and adults can do workouts. As of now we go there to do workouts in general. So it would be great if the workout structure was still there. 100 My children are most excited about the trampoline and also love north boulder park presently for its access to 2 different types of monkey bars. 102 Aesthetically I like the wood and natural elements as well as the pops of color. I would like to see some sort of shade system or shaded areas incorporated. As well as regular swings. 103 Group swings ResponseID Response 21 127 104 All 5 of my kids agreed on the in ground trampoline and are very excited about that possibility. It excited them most to get to do cool new tricks, jumping and playing with friends. They would love to see some type of water feature like a splash pad area (similar to the Loveland Spray Park). Lastly, a zip line is being requested :) 105 I like the tall complex structures with multiple platforms and slide and monkey bars 109 Safe platforms for rollicking. 110 Really looking forward to the new playground! We got to North Boulder Park almost every day- some shade structures would be good- it's quite hot especially in the morning/mid day, but I know that can be hard to accomplish without mature trees around it. My girls love the Chautaqua playground & their other favorite the smaller "rocks" park at Columbine elementary. 113 I love the idea of incorporating natural elements to complement the beauty of this park. 115 I like the idea of the natural settings so that children can be creative. I also like group swings. We love small slides for our little one. 117 i would like to see one or two more backhoes added 119 The angled rock for climbing and the Natural opportunities 120 Possibly water features? Like Lavern Johnson park or a splash pad. Possibly zip line. Lots of cool platforms and play structures. North Boulder park should be the best park in Boulder due to it's size, space, proximity to downtown and with lots more housing planned at alpine balsam it needs to be large/complex enough to accommodate a larger number of kids than it currently does. 121 Trampoline 122 Splash pad or other water feature for kids to play. 124 Natural seating area 126 Ziplines, tall climbing structure with slide, teeter-totter swing (see video) This is the best playground we've ever seen, would LOVE to see NoBo park incorporate some of these elements! https://www.youtube.com/watch? v=ufCQT6gEVo0 128 the in ground trampoline looks so fun! i definitely come here more often if there was a trampoline (and my friends would too)! ResponseID Response 22 128 131 I would love to see lots of ways for kids to play from young to older. My daughter is 5 and currently is almost too big for the current equipment. I like the idea of group swings or spinners, but it would also be nice to have individual type things that would support 1-2 children. 132 Deva (3.5y) is really excited about the trampoline image. "We even have a trampoline at home and I get so excited!" She mentioned climbing structures a lot, too. 133 More trees and less structures 134 Natural landscapes. SHADE. 136 Natural Play - mimic the natural environment as much as possible. 137 Natural play opportunities where kids can use their imagination makes it more exciting for the kids long-term - meaning they want to go back more often and stay longer. Would LOVE more shade!!! 139 I like the squishy/springy ground material 140 Natural items that are beautiful 143 Bigger multiple levels structures 144 A tall tower for the older kids would be wonderful. Some shaded areas or even a water feature to play in would be great for hot summer days. 146 The colorful wood and stone structure, with an area to monkey and swing from the structure, that included a big slide. Also, we like the group swing and in-ground trampoline. 147 The hammock swing seems fun! I love that it gives multiple kids the opportunity to play together, but it could also be a solo activity. 149 Splash pad 150 Natural play and sitting areas are nice shady places for kids to interact 151 Equipment that encourages young children to explore their balance, curiosities, and physical growth. Also, please add splash pad/zone! 152 The in-ground trampoline is unique to boulder playgrounds and my kids love the trampolines at gymnastics at the boulder rec center. My kids also spend the most time at playgrounds in the natural open-ended play areas- whether its the water pump at Christiansen park or the Canal and sandbox at Pine View park. ResponseID Response 23 129 153 Natural Play Opportunities because it would help kids connect nature and play 156 - A zipline would be unique to the parks in this area (like at NIWOT park) - Large sails for shade is a must. - Larger climbing structures for older kids would be nice-NoBo currently is built for the toddler age group. - We hope you keep monkey bars and would love to see more. 157 Ziplines and climbing structures. 159 Natural place. Shady. A place to chill. 160 The trampoline! Having a bigger option than pictured would be great. Would also like to see a revamped under cover seating area that feels clean and enjoyable. 161 climbing and par core (sp?) type of activities. Also I don't see any option with sun sails offereing shade and protection from the sun! That 100% should be included in some elements of the palyground. It is standard in places where there is strong sun like Australia. There needs to be protection form sun. 162 A ninja course would be super fun for older kids. Would love to see a playground suited for 10 - 15 age group. Also would like to see regular swings. 164 In ground trampoline. The foam surface with embedded elements - caves, slides, etc. - is most exciting. 165 A water feature would be awesome especially with how hot it is getting. It would also be great if the play area is enclosed. 167 would love to see structures to provide shade and a splash pad of sorts! 168 The natural play opportunities and natural seating areas feel most supportive to growth and creativity in young children. I would feel at peace bringing my children there as well as connected personally. 169 I am most excited about the natural play opportunities. I think the playground at the library in Boulder is a great example of what would be nice in North Boulder Park. 171 Love natural playgrounds. The group spinner and group swing are great because the kids can move/interact with them. 173 Love the climbing! 174 We like climbing stuff for the kiddos. Monkey bars. Swings. ResponseID Response 24 130 175 In ground trampoline. That looks sick. 176 I think using a combination of climbing structures and platform play would be nice. I think it would keep the unrest if kids longer and offer more variety. I think the current playground (when it was fully usable) was pretty limited and my kids, at any age lost interest pretty quickly. Also more shade please! It's so hot there in the summers and the structures get so hot to touch and use as well! Thank you! 178 I really love the natural play equipment at chataqua park, particularly the use of boulders and mixed age platforms. At north boulder, I'd really love to get rid of the rocks because young babies always try to eat them and they get thrown on the slides. Additionally, there should be a separate bike section. Right now, kids zoom around the perimeter on bikes and hit younger children. It's dangerous. And a coffee hut or snack stand would be a huge hit! 179 The climbing features for my daughter who loves to climb. 180 Splash pad for when it's too hot in the summer to play on equipment. No life guards needed! 181 Any natural features are an extra bonus 183 I like the structures behind the in ground tramp the best but they aren't described 184 I love added more things to the passive side of Recreation as there are so many places for the children to play it's nice to have places for the teens and parents as well. 185 More natural the better. I really like the exercise equipment too. A lot of people use it and it would be bad to not have it. 186 "Like to swing!" my 2.5 year old says as we complete the survey together. Creativity and shade with the natural play opportunities. I would love to see equipment that is robust to the inevitable fireworks that will be detonated within them. Or something modular/easily fixable? It was such a bummer to have the playground destroyed for my kid when outdoor play was one of the best things we could do during covid. 187 Platforms connecting multiple structures. Climbing walls and other things to climb. 188 Group swings are fun. Keep the workout equipment. More shade 190 Highest priority by far: Shaded natural play opportunities. Minimal use of metal, plastic and the like. Would be nice to include a durable water feature as in the playground near the public library, as well as a zipline. ResponseID Response 25 131 193 Natural play opportunities are the most exciting, as well as opportunities to climb. I would also like to see water play incorporated into the natural play opportunities if possible. It would be great to add a kids zipline as well. 195 please have some musical play element: not a little out of tune xylophone, something that's actually tuned with intervals that kids can use to make pleasing sounds. 196 Our kids loved this climbing structure in Cambridge MA, because of the platform at the top and the slide down https://bbk12e1- cdn.myschoolcdn.com/22/photo/2015/07/orig_photo393679_5379815.jpg? w=1920 198 Fun, safe with the least amount of plastic. Climbing and nature embody Boulder, so our parks should reflect this. 199 more shade please!!! 200 Two of the best playgrounds we've been to are Niwot and Westminster Nature Playground. We like the water feature, the wood and stone elements, and plenty of features to climb/make a balance beam, etc 201 Lots of natural elements that also incorporate the existing tree cover A splash pad/fountain Sand Niwot Chatacqua Westminster Station (love this park but no shade) 203 Incorporating nature into the design. A water feature would be great! But I expect that's might not be feasible without natural water source. Lavern Johnson and Chautauqua parks are my family's favorites. 204 Swings, climbing rock, rope net, in-ground trampoline 207 Love Niwot's Children's park. Love everything about it. Especially the zip line. 208 Water element for summer 209 Water features! 210 In ground trampoline. Platform on chains that move under you. Rock wall. Towers and dofferent climbing structures (rocks. Tunnels) 211 We suggest more baby swings, as North Boulder Park seems very poplar for families with young children. 213 I think making it as natural as possible while still being fun, exciting and relevant. Safe teeter totters would be fun. ResponseID Response 26 132 214 Natural play opportunities and climbing structures stand out the most. It would be great to have these opportunities for the kids to learn and practice their motor skills. Especially in this community with a lot of the community into outdoor activities, it would be really special to include that into the playground. Perhaps some hiking, climbing, or skiing-inspired natural play opportunities. Other: 1). An excavator (that's easier to use than the current one) and an even simpler version of an excavator for 1-3 year olds. 1-3 year olds probably use the park the most and are obsessed with all things trucks, so it would be really nice if there were an excavator that is accessible to them. 2) Splash pad - the playground is too hot in the summer and is really not usable for most of the summer days. It would be amazing to have a splash pad for the community. Given that there are very few public swimming options (with decreased pool hours with a shortage in lifeguards) and few splash pad options for a variety of ages, this would be a big draw for the community, especially if geared toward a wide age range (1-12). 3) Multiple slide options with one shaded so it could be used in the summer (but others not shaded so they aren't icy and can still be used in the winter). 4) We'd love to see more shade over portions of the playground in order for the playground to be able to be used in the summer (but not the whole playground so it's not icy in the winter). 5). Removal of rocks (choking hazard). We'd love the soft, bouncy flooring to be used as much as possible for a safe and comfortable play area. 6) Coffee stand for the adults! This could be operated by the city and the proceeds go to funding the splash pad! Or it could be a small hut built by the city and rented out by local businesses to offer support local - and the rental proceeds go to the splash pad! 215 Live group activities like spinner and swings 218 Climbing structures or walls are so great 220 More challenging and exploratory structures 221 They all look fun but I've not seen the unground trampoline before! 224 More options, several slide and swing options, a ground material that is not rocks or sand or wood chips, elements to challenge my child. 225 Would love a nature playground like the one at McKay Lake in Broomfield. Lots of natural structures for kids to play/climb but also slides and stuff for little kids. 228 Baby swings, climbing structure with slides, trampoline. ResponseID Response 27 133 7. How frequently do you use the exercise equipment? 65% Never65% Never 22% Less than once a week22% Less than once a week 13% Once a week or more13% Once a week or more Value Percent Responses Never 65.2%118 Less than once a week 22.1%40 Once a week or more 12.7%23 Totals: 181 28 134 ResponseID Response 13 The kids love it and all the moving parts seem to break often. Because they love it so much, I think it should be kept but would like to see EWF or PIP surfacing (not concrete) beneath the exercise equipment. If new equipment is installed here, a ninja course would be great as well. 14 The exercise equipment is regularly used by kids at this park. Even though the moving parts tend to break often, it feels like an extension of the playground. Because of this, I would suggest installing EWF or PIP surfacing (not concrete) beneath this equipment. I know soft surfacing is not required but it would minimize risk and injury and would be the right thing to do. 22 My kids love trying out the equipment with me! 24 Kids enjoy it, so perhaps kid versions would be nice! 25 The exercise equipment is used by adults, not kids. If you keep it in the park - move it to a completely different area. As a parent it's a bit unnerving to have sweaty 20-something-year-old men in the same area as my young children. It doesn't make me feel like they are safe. As you design this playground remember there are literally 10-30 kids there at any one time - make sure there is enough stuff that they can all play. Oh - and please make sure to leave a bike path the kids can scoot/bike around (the concrete path around the play area is awesome for that) 27 It is silly to put adult exercise equipment next to a kids playground and then suggest that kids should not use it. Please remove it or relocate it to a different part of the park. My kids are always much more drawn to the exercise equipment than the kids play area. 28 Keep the bathrooms open more 30 Shade shade shade 31 I only use the pull up bars and the dip bar. 32 More shade, and a bathroom please 33 I don't use them, but my kids enjoy trying to. 34 Perhaps newer elements will be less of a risk for the small children that love to play on it. It was a constant battle to keep the kids off of it. 35 It's dangerous. My young children always want to try it out and it's just plain dangerous. It's also outdated and I've almost never seen an adult using it when I'm at the park. 8. What other comments, if any, do you have about the exercise equipment or playground at North Boulder Park? 29 135 38 It's great if you have enough people that say they'll use it, but the most part of observed kids playing with that equipment. I'd prefer for that space to be used for kid play. 40 I like the idea of adding elements to bring in a more diverse age group. Adding more gathering spaces I think would promote more family gatherings in general. 41 would love to remove and make more space for children's play! 42 More shade, please! 44 My kids use it instead of the playground equipment. I would like the exercise equpment to be taken out for more playground space. 45 Kids playground equipment would get far more use. 49 Children spend a significant amount of time on the exercise equipment. 52 I like the things that are there. The circuit training stuff is great. 55 Not sure why this is so close to the kids area as there is always some creepy shirtless 40 y.o. dude with his shirt off right next to the kids. It doesn't seem like it gets used that much by adults anyway... Just young kids messing around on them. 56 The Boulder Nordic Club, 501c3, would like minimal space for its cross- country ski route maintained. The BNC is happy to remain subordinate to primary uses of the park but minimal space for ski trail routing when conditions permit would be great. Thanks for all your work on this project! 57 it is dangerous for kids, and hard to keep them off it. I have only every seen adults use it as a pull-bar occasionally. I think it should 100% go. 58 Shade is needed. 59 The elliptical machine wheel is a danger to small children fingers 60 Please keep it! We use it everyday and it is such a valuable part of the park. A couple of the pieces do need repair but we love working out while our daughter plays at the playground! 63 Much of the equipment that is there actually poses safety hazards to children. kids are attracted to it for some reason but there are so many places to pinch fingers, etc. it is quite dangerous. Keeping the bars would be beneficial and is what I most often see being used by exercising adults. More shade in general on the playground itself would be great. ResponseID Response 30 136 65 Appreciate your getting ahead of the curve and replacing equipment before its condition deteriorates 66 The exercise equipment is so dangerous for children but impossible for them to avoid. My daughter busted her chin open and had 7 stitches when she played on it and slammed to the concrete below. I rarely see it used by adults (and we live right next to the park so we are there often). Please get rid of this feature! Or at the very least put some sort of soft landing under it. Concrete is so dangerous at a playground. 67 None. I have never used it. 69 The kids seems to play on it more than I see adults actually using it. 70 I rarely see it being used by adults. 71 I like basketball and other adults activities in addition to the playgrojnd 72 Keep it natural - prefer no bright colors. Also, the biggest thing missing at most playgrounds is shade and shaded places for parents to sit so we can stay cool while watching kids/grandkids play. NB Park could use a lot more trees/shade along the sidewalks. 75 The ability to add weight to the machines. 76 I rarely see it being used for its intended purpose. It is instead always used by small children for play, which is dangerous. 78 Physical therapy consultation for appropriate apparatus for senior citizens in neighborhood is highly recommended. 79 I sometimes see adults using it but very rarely. Honestly it seems like a waste of space and it's hazardous for the kids. The kids always beeline for it, and it's not safe for them! I think it would be better to minimize that area or even eliminate it to make for more kids playground area. All of Boulder is exercise area for adults! Why not focus on this being a special place for the kids? 81 The exercise equipment is so dangerous for children. Our child busted her chin open and had seven stitches. We try to keep our kids from using it but given its proximity to the children's area it is difficult. Having any area of a children's playground be concrete is so dangerous. We live very near the park and are there often and we rarely see adults using this equipment. 82 They lead to dangerous play among the kids! Not a fan. ResponseID Response 31 137 84 Appreciate the shade trees and non-metal seating near the play area. A welcome addition would be individual picnic tables beyond the rentable concrete picnic structure, under trees at the north, east, or west sides of park. Favorite current structure is stone semicircular seating on east side near Cedar. 86 My major concern is how often (daily) I see young children using the exercise equipment in an unsafe fashion. The proximity of the exercise equipment to the playground makes children think that it is an extension of the playground. Ideally, the exercise equipment should be moved away from the playground equipment. 87 I dislike the exercise equipment because young kids are drawn to it and it isn't age appropriate or safe for them. I've seen an adult male use the high pull up bar once, other than that, the equipment seems to be a waste of space and a hazard for young kids. 88 Love it! 89 Seems to get more use by the kids as an extension of the playground that adults looking for workout equipment. 90 It would be great to keep the exercise equipmnet. Its a nice option while kids are playing. 91 I've never seen anyone actually using it. My 4 year old loves it which is not ideal. 92 The exercise equipment area is a total waste of space and money. If you want to include some exercise options, maybe have more playground things that COULD be used for exercise (ie pull up bar) but that is also usable for children. 93 I live in this neighborhood for 30 years. I have never understood why we have this heavy, metal, adult exercise equipment. Seems much more appropriate for a gym. Why not have more structures for whole families to enjoy? 95 The exercise equipment is not often used but for the pull-up and dips bar. That real estate can be better utilized. 97 Keep the little pump track. Swings are classic. The rest can go…transforming into Boulder's most epic playground yet (a.k.a. like Paco Sanchez park in Denver. Named and designed after Denver's first Latino D.J.) How rad?! 99 We really like the workout and would like for it to stay or have more workout Stations. 103 My kids love the exercise equipment, even though it's not sized for them ResponseID Response 32 138 104 We are all super excited! 105 It's a little junky and I only ever see kids play on it 107 It should be a little more separate from the playground 109 Why not repurpose the funds if there is no safety problems? Where does the useful life criteria come from, the New Playground Manufacturers of America trade group? 110 I think it would be good if there were more separation from the playground/ exercise equipment- most kids end up wanting to play on the exercise equipment because it feels like part of the playground- I think it poses quite a risk. 112 No one in the neighborhood likes the exercise equipment. It is used by creepy guys that don't live in the community and is incredibly incongruous and out of place with this being a safe area for our children. 113 It is somewhat dangerous for children and most of it outside of the pull-up bar rarely gets used by adults. The pull-up bar does get use, doesn't obstruct anything, and poses no danger to littles. 115 The exercise equipment is dangerous for all the children. We've seen one kid have his fingers pinched on the elliptical machine. Would love to see some diggers stick around for the little children. Our two year old son loves to sit and dig and ride the other little animals. Would love to see the pavilion updated. It is very dark and often quite dirty. It would be very nice to have new grills too! Very much looking forward to new bathrooms and year-round! 117 shade and safety are important 118 The exercise equipment seems totally inappropriate next to a park catering to young children. In Santa Monica and other similar cities they do not place adult areas in such close proximity to kid areas. It seems like that proximity could be taken advantage of in a number off ways. Additionally, I would say that equipment is often used for climbing by young children. 119 children seem to use it as often as adults. It should be safe for both. 120 My daughters say, "do the best you can" 122 Splash pad 124 The other elements area should be simple calisthenic exercise equipment... pull up bars, parallel bars, boxes or stones to jump up on. ResponseID Response 33 139 126 I haver never seen any adults using the exercise equipment, only kids climbing and playing on it 128 Ideally the bathrooms could be open all the time. 131 I think that this is dated and unnecessary. We are at the playground daily and I'd love to see more play space for everyone, but no one is really using any equipment other than the bars (3 sizes). 132 Would be nice to have more of a par course style equipment, as most of the things here don't have options for more or less resistance. 133 Children should not be allowed on them, as they cause injuries. parents do not monitor the equipment. 134 Should have a fence around it. Not safe for 2-5 year olds to play on, but they can't resist trying. It's a source of conflict. I like the idea of the exercise equipment though. Could also put it farther away from play area. 135 Be crea 137 Would love to see it gone or in a separate area. It can be dangerous for the younger kids. More shaded play areas please. 138 please keep the exercise equipment! 140 The wood chips are terrible. Any metal gets too hot. We want natural and beautiful play grounds that allow kids of all ages to play. 143 Replace that area with a splash pad!!!! We need more splash pad areas in the inner parts of boulder. 144 I don't use the exercise equipment and would be happier with more kids' playground area. 146 It seems to mostly be used by kids, and had the tendency to get broken easily. I don't really think it's necessary 147 Wouldn't it be great if it was spread out around the playground area so parents could keep an eye on their kiddos, while still exercising? It would be GREAT to have some playground opportunities/equipment for older kids-- there is very little for older kids to do in Boulder! 150 Maybe could be separated more clearly from kids play equipment, as not safe for kids 151 We like the idea of the exercise equipment but it isn't very effective for exercise. Would love to see a splash pad for the kids. ResponseID Response 34 140 152 My kids think it's fun to play with and gives them the opportunity to see how gym equipment can work without a gym membership! 153 I only see kids using it, which makes it dangerous. 154 I think it was a good idea but doesn't get utilized as it was intended to, kind of a waste of space. 156 No one exercises on this equipment, and it is a hazard for the kids. I'd love to see it removed and more play equipment take its place. 157 Only pull-up bars consistently used for exercise. Rest is usually used by kids. 159 Ice skating rink in winter 161 stupid - i can't believe kids haven't been hurt on it. parents let kids play on it unattended and its not meant for play 162 Would rather get rid of the exercise equipment and have more space for larger play structures. I almost never see anyone using the equipment correctly. It's usually just kids screwing around on it. 163 It's not needed. If there is a need for it, it should be completely separate from the park area 164 It's all broken and always ends up hurting a small child trying to use it. 168 I think in theory they're an interesting idea, but in practice people who are intentional about resistance exercises belong to a gym, have equipment at home, or do bodyweight exercises. The exercise equipment currently take up a lot of space and don't offer that much utility. I think they should be replaced with natural materials and non-toxic play spaces. 169 i do see adults using it, but more often than not I see children using it to play on. 170 We take our grandson there frequently. The climbing wall and the tilted spinner are his favorites. 171 I never use it. My kids use them to play with. Again, they like equipment that they can interact with (ie - spinners, diggers, exercise equipment). 176 The exercise equipment has to go! Little kids are drawn to that and it's to big and dangerous for them. Additionally it draws in people who shouldn't be there while kids are playing. ResponseID Response 35 141 178 I think the space could be better utilized with Childress equipment or a bike park. Kids play on it now and it's not safe for them. If it's utilized by the community, maybe move it to the opposite side of the community shelter. 179 My kids do enjoy the exercise equipment but they'd like tall climbing features more. 180 Dangerous 181 We are at the park most days of the week and sometimes see adults on some of the exercise equipment but the younger kiddos tend to gravitate towards the mini pump track (would be amazing to have an even bigger one) and the climbing features/ slides. 182 I'm disappointed that a city that talks so much about "zero waste" is discarding equipment that remains very functional. It's also disappointing that the only real opportunity for public input is about *which* new equipment to install, not *whether* to replace the existing equipment. P&R employees have referred to updated safety standards, but it also sounds like the safety standards are at least in part driven by the playground equipment industry, which is not exactly an impartial party. 184 Glad you're doing this. Needs updating. Good job. Mile markers around the park to track steps and laps. 185 I would be very sad not to have some exercise equipment. Mostly the pull up bars 186 Seems like it's bad for the kids (inappropriate) and bad for the adults (because there are always kids hanging off of it). Maybe just some more physical separation? 187 We really need shade! Please have trees or other covering structures for the summer, it gets so sunny! 188 Love the equipment. Please keep it. Only comment is that it gets too hot to use being in direct Sun. Shade trees would be appreciated. 189 Keep it and update the pieces with natural body weight resistance. It has been great to see more people using it, and I enjoy it most mornings. 191 I might use them if they were higher quality or offered better instructions- they don't really seem functional for exercise! Kids love to play in them but it's a little dangerous 194 Pull up bars are heavily used. Resistance mechanisms much less so (by adults at least) ResponseID Response 36 142 195 I guess it's good if people are using it...? 198 Excited for an update to our local park, Something more aesthetic and natural that encourages safe play and interactions. 200 Please put in a tennis court or two!!! 201 Pull up bar is fine — but all the equipment is dangerous for kids and very rarely see anyone actually using them 203 Separate from kids play area since they can be hazardous and they appear to be play equipment. 205 Needs more shade 208 Needs more shade or elements that don't heat up in the sun 209 Please keep or update the exercise equipment, it is very appreciated! 210 Not often used would be better suited further from the playground 211 For exercise equipment, could there be more natural rock or wood steps or platforms? Also, the elliptical machine may be the most popular piece of equipment in the whole park! 213 I think it's nice to incorporate both however the exercise equipment seems rarely used in comparison to playground 214 We'd like to see the exercise equipment removed and not replaced. Many times kids play on it or try to, and it is not designed for nor safe for children. Parks are for the community, but playgrounds are for children. There is always one creepy shirtless guy walking around the exercise equipment blasting a boombox. This is not a comfortable environment for children (or parents to have their children around). If the community wants public exercise equipment, I'd recommend it not be placed adjacent to the playground. One suggestion is to replace the area of exercise equipment with natural climbing structures for children. Kids usually want to play and climb on it, so why not actually provide safe climbing structures in that area instead? 215 More shade please! 220 The exercise equipment is a safety hazard and liability because the children try to use it inappropriately. It needs to be fenced or removed. 221 The exercise equipment seems to need an update and isn't safe for toddlers who want to play on or around it ResponseID Response 37 143 224 My kid plays on it sometimes but I don't use it to work out 228 The kids play on it all the time. ResponseID Response 38 144 North Boulder Park Site Plan SITE PLAN: CONCEPT ALTERNATIVE A Proposed Site Plan Features* * Images shown represent intent of equipment to be selected. Final selections may be different than what is shown above. 2 to 5 Play Structure2 to 5 Play Structure 2 to 5 Toddler Swing Seasonal Shade Structure 5 to 12 Play Structure 5 and Up Belt Swing Trampoline Sand Play and Water Table Area Loose Materials Play Area Water Play Area Fitness Area (Obstacle Course)Teen-Friendly Park Features 11 10 EXISTING BASKETBALL COURT and PING PONG EXISTING SHELTER EXPANDED SHELTER SPACE GATHERING SPACE BERMING for PLAY and DRAINAGE EXISTING DIAMOND FIELD EXISTING OPEN TURF FIELD EXISTING OPEN TURF FIELD EXISTING BIKE TOT TRACK NNNNNNNNNNN Concept Plan Alternative A: For Play Areas, Fitness, Shelter, Bathrooms, and Adjacent Gathering Areas 6 2 3 1 4 8 9 5 7 12 1 2 3 4 5 6 7 8 9 10 11 12 Attachment E: Site Plan Alternative A 145 North Boulder Park Site Plan Proposed Site Plan Features* * Images shown represent intent of equipment to be selected. Final selections may be different than what is shown above. 2 to 5 Play Structure2 to 5 Play Structure Embankment Slide 2 to 5 Swing 5 to 12 Play Structure Rock and Log Scramble Sand Play Trampoline Ring Traverse Custom In-Ground Net Climber 5 and Up Belt Swings Water Play Fitness Area (Functional Fitness)Teen-Friendly Park Features SITE PLAN: CONCEPT ALTERNATIVE A Concept Plan Alternative B: For Play Areas, Fitness, Shelter, Bathrooms, and Adjacent Gathering Areas 1 2 3 4 5 6 7 8 9 10 11 12 13 11 EXISTING BASKETBALL COURT and PING PONG EXISTING SHELTER EXPANDED SHELTER SPACE GATHERING SPACE BERMING for PLAY and DRAINAGE EXISTING DIAMOND FIELD EXISTING OPEN TURF FIELD EXISTING OPEN TURF FIELD EXISTING BIKE TOT TRACK NNNNNNNNNNN 6 2 3 1 4 5 12 13 7 10 8 9 Attachment F: Site Plan Alternative F 146 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 TO: Parks and Recreation Advisory Board FROM: Alison Rhodes, Director of Parks and Recreation Bryan Beary, Senior Manager, Community Building + Partnerships Mark Davison, Senior Manager, Planning Regina Elsner, Senior Manager, Natural Lands Jackson Hite, Senior Manager, Business Services Megann Lohman, Senior Manager, Recreation Stephanie Munro, Senior Manager, Regional Facilities Dennis Warrington, Senior Manager, Urban Parks Manager SUBJECT: Matters from the Department DATE: October 24, 2022 A. PRAB Role Overview This item is a verbal presentation by Deputy City Attorney, Sandra Llanes. It will summarize information found in the Boulder City Charter, Boulder Revised Code, and the PRAB Handbook (see Attachment A). Attachment A PRAB Handbook B. Micromobility Pilot Executive Summary The City of Boulder’s shared micromobility program was developed following the direction of City Council on September 15, 2020, to include e-scooters into the program; and to conduct a competitive Request for Proposals (RFP) process to select a vendor to provide shared micromobility services for the Boulder community. As a result of the RFP process, Lime (e- scooters) was selected to provide services, which officially began on August 17, 2021. The intent of this memo is to share the preliminary findings from the shared e-scooter one-year pilot program, including use statistics and public perceptions gleaned from a city administered questionnaire. Staff seeks informal input from members of the Parks and Recreation Board regarding areas of opportunity and/or areas of concern to synthesize with the other findings and analysis of this pilot. 147 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 Lime, a shared e-scooter vendor, has deployed 300 shared e-scooters in a limited-service area east of 28th Street. Lime currently operates a “dockless” form of shared micromobility and allows customers to locate and rent a device nearest to their location. Dockless shared micromobility provides the convenience to ride the device to their precise destination and park virtually anywhere. There are some tradeoffs, however, with a dockless system. Devices are sometimes parked in a manner which blocks the public right-of-way and can impede the passage of pedestrians, cyclists, and people with disabilities. Shared e-scooters are a new form of mobility to Boulder, and Boulder has been in in the learning stage over the past year to understand how it works, while at the same time, educating users how to safely operate and park the devices in a responsible manner. Staff is collecting and analyzing operational data and community input to inform an evaluation report that will be presented to the Transportation Advisory Board and City Council in Q4 2022. In the meantime, Transportation and Mobility staff are reaching out to select boards, commissions, and community stakeholders to share the preliminary findings from the pilot study while seeking input regarding observations from the pilot and suggestions to help refine the program. In preparation of the staff presentation on October 27, staff would like to prepare the Parks and Recreation Advisory Board with a few initial key findings: By the Numbers Below is a snapshot of operational data for Lime shared e-scooters: Measures Lime E-Scooters Number of devices currently deployed 300 Number of trips 115,000 Total distance traveled (miles) 117,700 Average trips per device per day 1.5 Average trip duration (minutes) 11 Average trip distance (miles) 1 Approximate greenhouse gas savings (grams) 10M Number of reported severe crashes 4 What We’re Seeing and Hearing Staff has been actively monitoring the program over the past year, it has experienced both opportunities and challenges associated with dockless shared mobility. Below is a summary of the major themes: • E-scooter parking issues (blocking or impeding travel on sidewalks and multi-use paths) • Abandoned e-scooters in ditches and creeks • Appreciation for e-scooter program as a new way to travel around Boulder • Frustration with inability to travel west of 28th Street • Alternative to driving, more convenient • Users do not feel safe on streets/bike lanes • Unsafe riding behaviors • Aesthetic concerns / sense of clutter 148 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 • Fun way to get around town, to get to work, school, shop and recreate Impact to City Parks and Paths To date, there has not been any specific concerns or events that have negatively impacted City of Boulder parks. The shared e-scooters are equipped with a GPS unit that can regulate where the e-scooters are operated. In advance of the start of the program, staff identified areas where shared e-scooters should not be operated, such as, the lawn at Scott Carpenter Park, Valmont Bike Park, and Pleasant View fields. Moving forward, this “geofencing” technology can be used to designate parking areas and include additional areas where e-scooters should not be operated. Positive aspects of shared e-scooter use include improved accessibility to public parks while employing a new form of transportation and recreation. Equity Considerations Lime offers an affordability program for people with a low-income or who do not have a credit card or a mobile phone to access the devices. Lime has coordinated with staff to ensure access to shared devices is available either on or within proximity to traditionally underserved neighborhoods, including the neighborhoods of Orchard Park, San Juan del Centro, and San Lazaro. The social equity component was explicitly identified in the RFP scope of work and Lime is committed to ensuring residents living within these opportunity areas have access to shared micromobility. As the overall program evolves, Lime and the city will be coordinating with the City of Boulder Community Connector-In-Residence program to optimize program access and safety. Evaluation Process and Program Formalization Dockless shared e-scooters is new form of mobility to Boulder, and the program is in the learning stage to understand how it works. Operational data and input from community members and stakeholders will help shape staff’s proposed next steps to refine and formalize the program. The timeline below provides additional context of where we are in the process. Questions for the Parks and Recreation Board • Do board members have any observations from the pilot they’d like to share; and are there any suggestions to help refine the program? C. Overview of Capital Investment Strategy (CIS) Update and Process 2023-2028 The purpose of this memo is to provide an informational update to PRAB on the effort to update Boulder Parks and Recreation (BPR) Capital Investment Strategy (CIS). The CIS provides a framework to support park design and construction as well as asset management recommendations for the enhancement of Boulder’s system of parks and facilities. This practice 149 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 is not new to BPR, the last plan was completed in February 2016. This latest update will shift in terms of how many years we look ahead, from ten years to six years. The reason for this is to better align with BPR’s Capital Improvement Program (CIP) and integrate more closely with BPR Master Plan updates, which are typically every six years. The strategic framework for the CIS provides an approach to manage the investment of $35 million (in addition to Community Culture Resilience and Safety Tax (CCRS)-funded projects) into the park system over the next six years. The funding covers all types of assets that BPR operates and maintains as well as new parks or assets identified in plan policy that are coming on-line to support parkland Levels of Service. The three major categories of capital investment are: • Maintenance: Up to $19 or million, 55%, in maintaining existing assets to take of what we have (MP Theme: Taking Care of What We Have – Goals 1-4) • Enhancement: $13 million, 37%, in critical aging infrastructure that needs replacement or major refurbishment (MP Theme: Taking Care of What We Have – Goals 1-4 • New: $3 million, 8%, in enhanced and new facilities as identified in the department’s Master Plan (MP Themes: Community Health and Wellness; Youth Engagement and Activity) These categories are guided by the City of Boulder 2023-2028 Capital Improvement Program. The city’s CIP is a comprehensive, six-year plan for capital investment in maintaining and enhancing public infrastructure across Boulder. The city’s CIP provides a forecast of funds available for capital projects and identifies all planned capital improvement projects and their estimated costs over the six-year period. As a community’s CIP, the guide lays out the framework for achieving the current and future goals related to the physical assets of the community. The citywide CIP is informed by each city department and coordinated annually across the organization, therefore BPR’s framework for CIP investment is critical for developing an investment program for the department and informing interrelated citywide services. CIS Framework The CIS for BPR is based on community needs identified through the recent 2022 Master Plan, the maturing Asset Management Program, and planning efforts covering System, Park, and Site Plans. The structure of the CIS has three focus areas; to identify a long-term investment strategy over the next six-years, provide detail around actions to be taken by the department over the next two years (2023 to 2024), and identify deferred projects through deficiencies in funding that would improve the overall health of the system by decreasing the value of the maintenance backlog. Identifying in more detail the work needed for the 2023-24 projects will enable the Department to get ahead of planning and design efforts by preparing robust project management plans with associated engagement planning, monthly schedules as well as updated cost estimates. The goal is to reduce surprises as projects launch and provide additional support for project managers as most projects are complex or large and last for more than a year. As we look out to 2025-28, we will still scope projects with the development of charters. The charters include a quarterly schedule. As the costs become less reliable as we look further into the future, projects scheduled further into the future will include a higher contingency to account for the higher budget risks. 150 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 Projects that are identified but don’t fall within the six-year timeframe will have a basic scope and preliminary cost estimate with no schedule identified at this point; allowing us to add these projects to the unfunded capital needs list that is reviewed in the development of the annual CIP work. As we further develop our asset management system and update our current replacement value (CRV), we will be able to better identify a deferred list that describes where we need greater capital investment to retain or expand service levels for the community. The framework also integrates the City of Boulder’s budgeting strategy that is built into the BPR Master Plan, which denotes the type of funding for an individual project on a sliding scale, known as scenarios. These scenarios are intended to enable departments to proactively plan for outcomes in which revenues remain flat or increase. They are defined by three outcomes covering Fiscally Constrained, Action, and Vision costing scenarios: Fiscally Constrained plans for prioritized spending within existing budget targets. The intention of this alternative is to refocus and make the most of existing resources with the primary goal being for the department to maintain services. The fiscally constrained scenario reflects BPR’s commitment to the community over the next six years, focusing on core services and those that benefit the greater community. Action describes the extra services or capital improvements that could be undertaken when additional funding is available. This includes making strategic changes that would lead to additional operational or capital funding. In coordination with the Central Budget office, PRAB, and City Council, BPR would evaluate and analyze potential sources of additional revenue, including but not limited to capital bond funding, program income, grants and existing or new taxes. Vision represents the complete set of services and facilities desired by the community, without regard to resources or viability. While the Vision plan is fiscally unconstrained and unfunded, the intent is to provide high-level policy guidance by illustrating the ultimate goals of the community. Integrating with Policy Guidance from the 2022 Master Plan This comprehensive approach to BPR’s capital investment strategy program is founded on implementing the key themes of the BPR Master Plan described in the graphic on the left. 151 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 All six themes provide guidance to the CIS. Of critical importance to maintaining our assets is Taking Care of What We Have. We also look to the themes of Community Health and Wellness, and Youth Engagement & Activity in order to ensure we are providing the best facilities, amenities, and infrastructure to retain or expand upon our service levels. In addition, we will consider the most efficient, sustainable, and robust approach to managing our assets across the system and implement the policy as it applies in the Financial Sustainability and Organizational Readiness themes. As we look to improve levels of service, we will also continue in our approach to Building Community & Relationships, especially as we work with recreation groups to consider ways to fund and manage facilities that can help achieve our ‘Action’, and ‘Vision’ levels of investment. In addition to being guided by the themes from a policy perspective, the master plan also provides clear direction on community identified needs for facilities, parks, and major asset categories across the system including courts, athletic fields, aquatics, parking, and accessibility. Balancing the community’s desires with BPR’s financial reality requires that the department prioritize what can be accomplished over the next six years. The following two graphics summarize the major CIP projects that BPR will need to work on and includes the three budgeting scenarios in which future projects and programs are prioritized. 152 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 Fig 1. Table highlighting overarching guidance for park investment in the BPR capital program Fig 2. Table highlighting overarching guidance for facility investment in the BPR capital program 153 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 Overview of Asset Management System and how it informs the CIS The department has begun to address how we manage and maintain our assets using a modern tracking system called Beehive. We have completed the first phase of our asset inventory and begun the work of implementing Beehive. Beehive launched in the late Fall of 2019 and despite the challenges of the pandemic, in the last three years we have worked through many configuration challenges with the system, learned how to better coordinate our efforts with other departments, and started the Phase 2 task of updating how we keep track of our work. In 2023, we will develop a strategy to achieve full deployment of the Beehive system to update and complete the inventory of assets, complete condition assessments, and develop a method for understanding the criticality of the work needed. This next phase of work will remove the paperwork and institutional memory required to uncover critical questions or prioritize efforts around assets and infrastructure. The goal of fully implementing an asset management system is to use data that will support BPR in making informed decisions about how best to prioritize capital investment funds. Below is an example of information contained within an asset management system. Fig 3. Example of what Beehive asset management system can track, develop work orders, and report out on When fully deployed, the Beehive asset management system will provide a dynamic approach to understanding the assets in our portfolio. This includes where assets are located, what type of asset is it, what has been done to it, what needs to be done and who is working on it. Below are three examples of dashboards in development that we have created to show the type of information Beehive is able to display and share. The first example covers assets for a park, the second describes work events for an asset within a park, and the third describes assets across the system that cover one type of amenity, in this case courts. 154 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 Fig 4. Example of all the assets at North Boulder Park including the condition they are in Fig 5. Example of an asset at North Boulder Park, the Picnic Shelter, and related work events for the facility 155 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 Fig 6. Example of green assets, in this case trees, and work events for managing them As we complete our inventory work over the next couple of years, we will have numbers for all our major assets that will be organized by nine major categories (or settings) that cover: • Entrances & Parking Areas • Major Buildings & Structures • Active Recreation Areas including athletic fields and court areas • Passive Recreation Areas including plazas, turf, and picnic areas • Playgrounds • Pathways and Trails • Urban Forests • Natural Areas • Utilities The department also manages over 1,800 acres of land, but land does not depreciate like fixed assets and is not considered a part of the asset portfolio within the asset management best practices. The department also manages urban forests. Because trees increase in value over time unlike built assets and cannot be replaced at their mature value, they are tracked as green assets and funding for their management is still appropriated through the capital planning process. The information Beehive will contain is critical to informing the development of the CIS plan, providing answers to key questions for our approach to capital investment: • What do we own? • What is it worth? • What condition is it in? • What are the infrastructure funding gaps? • What is the true lifecycle cost of an asset and when does it become inefficient to continue maintain? 156 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 • What are our priority assets that need maintenance, enhancement, or replacement over the next six years? This effort will take time and resources; and the department is ready to prioritize a Phase 2 of the asset management initiative. This commitment to asset management best practices is one of the key tools in developing a realistic and efficient long range capital investment plan. Below is a graphic that shows the main differences and overlaps between an asset management system and CIP program. The major overlap is in understanding what needs to be maintained, where we need capital enhancement and what new facilities or infrastructure are required (new is informed by both community planning efforts and asset management findings). Fig 7. Diagram comparing the main functions of an asset management system Current Focus for Capital Planning in 2023 and 2024 The purpose of this section is to provide an update on some of the projects we will be working on in 2023-2024 related to BPR’s capital investment strategy. We are still working on the completing workplan and will be coming back to PRAB in spring of 2023 to garner board input and then staff will develop a comprehensive workplan for the next six years (2023-28), Here are the categories of capital investment being coordinated: System Planning: reviewing aspects of the system as a whole to understand how best to manage and maintain specific categories of assets in the BPR portfolio (i.e., Historic Places System Plan, Court Level of Service System Plan, and the Asset Management System Plan) Park Plans: developing a comprehensive plan for a major facility, an existing or new park that includes concept and schematic design with cost estimating. This will inform implementation of new assets, replacement of existing, and enhancement of aging assets, 157 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 as well as major maintenance actions to ensure service levels are retained (i.e., Violet Park Plan, Civic Area Plan) Site Plans: working on design development and construction documents to build and construct new assets and/or replace existing assets that have reached the end of their lifecycle (i.e., North Boulder Park and Bill Bower Park) Asset Management: enhancing, maintaining, or replacing a series of assets in our system under a specific category (i.e., courts, athletic fields, parking lots & accessibility, etc.) Below is a dashboard screen capture from Beehive and a map summarizing examples of our major efforts for 2023-2024. Fig 8. Dashboard from Beehive highlighting projects in the CIP workplan 158 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 159 Page 1 of 41 CITY OF BOULDER PARKS AND RECREATION ADVISORY BOARD HANDBOOK (Presented by the Rules Subcommittee to PRAB for its review at the February 25, 2008 Board meeting) Attachment A: PRAB Handbook 160 Page 2 of 41 SCOPE ...................................................................................................................................................................................................... 3 RECOMMENDED READING ............................................................................................................................................................... 3 PART ONE: LEGAL CONTEXT .......................................................................................................................................................... 4 I. COLORADO REVISED STATUTES ........................................................................................................................................................ 4 A. Open Meetings ............................................................................................................................................................................ 4 II. CHARTER OF THE CITY OF BOULDER, COLORADO ......................................................................................................................... 4 A. The People of Boulder and Colorado’s Constitution ................................................................................................................. 4 B. City Council ................................................................................................................................................................................ 5 C. City Manager .............................................................................................................................................................................. 5 D. PRAB ........................................................................................................................................................................................... 6 III. CITY OF BOULDER REVISED CODE .............................................................................................................................................. 11 A. Boards and Commissions General Procedures ........................................................................................................................ 11 B. Parks and Recreation Advisory Board ..................................................................................................................................... 11 PART TWO: PRAB RULES ................................................................................................................................................................ 12 I. BASIC PRINCIPLES ............................................................................................................................................................................ 12 II. OFFICERS ........................................................................................................................................................................................ 12 III. CONDUCT ....................................................................................................................................................................................... 12 IV. COMMUNICATIONS TO CITY COUNCIL ......................................................................................................................................... 12 V. AGENDA FOR MONTHLY BUSINESS MEETINGS .............................................................................................................................. 13 A. Overview .................................................................................................................................................................................... 13 B. Notes on Specific Agenda Item Categories .............................................................................................................................. 13 C. Agenda Committee .................................................................................................................................................................... 14 D. The Parks and Recreation Department .................................................................................................................................... 14 VI. COMMON MODES OF PRAB OPERATIONS ................................................................................................................................... 15 A. PRAB Requests to the Department ........................................................................................................................................... 15 B. PRAB Informal Discussion ...................................................................................................................................................... 15 C. PRAB Action ............................................................................................................................................................................. 15 VII. RULES OF MEETING PROCEDURE ............................................................................................................................................... 15 A. Prior to a Meeting .................................................................................................................................................................... 15 B. Meeting Time and Place ........................................................................................................................................................... 15 C. Required Officers ...................................................................................................................................................................... 16 D. Duties of the Presiding Officer ................................................................................................................................................. 16 E. Rights of Members .................................................................................................................................................................... 16 F. Appeal ........................................................................................................................................................................................ 16 G. Quorum ..................................................................................................................................................................................... 17 H. Assignment of the Floor ........................................................................................................................................................... 17 I. Rules of Speaking ...................................................................................................................................................................... 17 J. The Handling of a Main Motion ............................................................................................................................................... 17 K. Other Useful Motions ............................................................................................................................................................... 19 L. Improper Motions ..................................................................................................................................................................... 19 M. Principal Rules Governing Motions ........................................................................................................................................ 19 N. Voting ........................................................................................................................................................................................ 20 VIII. OTHER MEETINGS ...................................................................................................................................................................... 20 IX. PARLIAMENTARY PROCEDURE ..................................................................................................................................................... 20 X. AMENDMENT ................................................................................................................................................................................... 20 XI. REVIEW .......................................................................................................................................................................................... 20 PART THREE: APPENDIX ................................................................................................................................................................. 22 I. BRC CODE OF CONDUCT ................................................................................................................................................................. 22 II. CITY ATTORNEY’S MARCH 30, 2007 REPORT ENTITLED “SUMMARY OF IMPORTANT LEGAL RESPONSIBILITIES FOR BOARD MEMBERS AND COMMISSIONERS ................................................................................................................................................. 32 161 Page 3 of 41 SCOPE Part one is a summary of laws relevant to the Parks and Recreation Advisory Board (PRAB); it is not intended to be an authoritative source of the law and should be updated when laws change. Part one is intended to provide an overview of the most important legal information relating to PRAB and to provide the legal context in which PRAB exists. PRAB should request assistance from the City Attorney’s Office regarding questions of legal interpretation. Note that PRAB members are bound by their oaths of office to “… support the Constitution of the United States of America and of the State of Colorado and the Charter and ordinances of the City of Boulder.” Note that the actual legal text as accessed online is shown in italics in part one; any text not italicized in part one is not part of the law. For Boulder’s Charter and the Boulder Revised Code (BRC), the text was taken from http://www.colocode.com/boulder2/index.htm on November 19, 2007 (Note that 4-20-21 and 2-7 were taken on January 16, 2008). For the Colorado Revised Statutes, the text was taken from http://www2.michie.com/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0 on November 19, 2007. Part two is intended to provide rules for PRAB to conduct its business. The rules in part two are made by PRAB under authority granted to it by the Boulder Revised Code and are based on The Standard Code of Parliamentary Procedure (2001). These rules are incorporated into the handbook and become effective upon an affirmative vote of four PRAB members. Thereafter, all prior rules of PRAB in conflict therewith shall be of no further force or effect. Note that PRAB may not revise the statutory language quoted in parts 1 and 3, but the non-statutory rules set forth in part 2 are subject to revision by the vote of a majority of PRAB. In addition, it is the responsibility of PRAB to maintain this document; the department may assist PRAB by providing an annual reminder to review and update this document, but that work is to be done by PRAB. This document has been prepared with the assistance of the City of Boulder’s Office of the City Attorney. RECOMMENDED READING PRAB members are advised to read and familiarize themselves with the following: Parks and Recreation Master Plan. BRC 2-7 Code of Conduct. Included in part I of the appendix to this document. City Attorney’s March 30, 2007 Report entitled “Summary of Important Legal Responsibilities for Board Members and Commissioners” Included in part II of the appendix to this document. The Standard Code of Parliamentary Procedure (2001). 162 Page 4 of 41 PART ONE: LEGAL CONTEXT I. COLORADO REVISED STATUTES A. Open Meetings PRAB members are advised to read and familiarize themselves with Title 24, Article 6, Part 4, Section 202 of the Colorado Revised Statutes, which reads in part: (2) (a) All meetings of two or more members of any state public body at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times. (b) All meetings of a quorum or three or more members of any local public body, whichever is fewer, at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times. (c) Any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or quorum of the body is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public. In addition to any other means of full and timely notice, a local public body shall be deemed to have given full and timely notice if the notice of the meeting is posted in a designated public place within the boundaries of the local public body no less than twenty-four hours prior to the holding of the meeting. The public place or places for posting such notice shall be designated annually at the local public body's first regular meeting of each calendar year. The posting shall include specific agenda information where possible. (d) (I) Minutes of any meeting of a state public body shall be taken and promptly recorded, and such records shall be open to public inspection. The minutes of a meeting during which an executive session authorized under subsection (3) of this section is held shall reflect the topic of the discussion at the executive session. (II) Minutes of any meeting of a local public body at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or could occur shall be taken and promptly recorded, and such records shall be open to public inspection. The minutes of a meeting during which an executive session authorized under subsection (4) of this section is held shall reflect the topic of the discussion at the executive session. (III) If elected officials use electronic mail to discuss pending legislation or other public business among themselves, the electronic mail shall be subject to the requirements of this section. Electronic mail communication among elected officials that does not relate to pending legislation or other public business shall not be considered a "meeting" within the meaning of this section. II. CHARTER OF THE CITY OF BOULDER, COLORADO A. The People of Boulder and Colorado’s Constitution The preamble to the city charter reads: 163 Page 5 of 41 We, the people of the City of Boulder, under the authority of the constitution of the State of Colorado, do ordain and establish this charter for the municipal government of the City of Boulder, Colorado. B. City Council 1. Specific duties of council The specific duties of council are given in Article II section 12 of the city charter, which reads: The council shall choose and appoint a city manager, a city attorney, a police magistrate, and an auditor for such independent audits as are in this charter required or authorized to be made by order of the council, and such advisory boards or commissions as may be desired or are elsewhere provided for by this charter; but no member of the council shall act or be chosen as manager. The council shall cause to be made at least annually, and at such other times as it may deem necessary, an audit of all financial accounts of the city. The council shall consider all recommendations and reports from time to time presented by the city manager, or by any of the advisory commissions or the departments of planning and parks, and shall accept or reject the same within thirty days from the date of filing thereof with the council. 2. Powers expressly withheld from council Powers expressly withheld from council are given in Article II section 13 of the city charter, which reads: Except for purposes of inquiry, the council shall deal with the administrative service solely and directly through the city manager, and neither council, its members, nor committees shall either dictate the appointment, retention or removal or direct or interfere with the work of any officer or employee under the city manager. Any such dictation, attempted direction, or interference on the part of any member of the council shall be punishable in the manner deemed appropriate by the other members of the council, which may include removal from office. (Amended by Ord. No. 6008 (1998), § 2, adopted by electorate on November 3, 1998. Further amended by Ord. No. 6009 (1998), § 2, adopted by electorate on November 3, 1998.) C. City Manager 1. The city manager defined Boulder Revised Code 1-2-1(b) states: "City manager" means the city manager of the City of Boulder, Colorado or the manager's authorized representative. 2. The city manager’s role 164 Page 6 of 41 The city manager’s role is given in Article V section 63 of the city charter, which reads, in part: The city manager shall be the chief executive and administrative officer of the city. As such, the manager shall possess, have, and exercise all the executive and administrative powers vested in the city. 3. The city manager’s powers and duties The city manager’s powers and duties are given in Article V section 64 of the city charter. Subsection c of Article V section 64 reads: To exercise control and supervision over all departments herein created, except as otherwise in this charter provided; 4. The city manager and the department of parks and recreation The relationship between the department of parks and recreation and the city manager as well as the functions of the department of parks and recreation are given in Article XI section 155 of the city charter, which reads: Under the direction, supervision and control of the city manager, the department of parks and recreation: (a) Shall supervise, administer, and maintain all park property and recreation facilities. (b) Shall supervise, administer, and execute all park and recreation programs, plans, functions, and activities of the city. (c) Shall prepare and submit to the parks and recreation advisory board written recommendations on those matters where this article requires a recommendation from said board prior to council or department action. (d) May, at the request of the parks and recreation advisory board, prepare and submit to the board information and recommendations on such park and recreation matters as are not provided for by (c) above. (e) May request advice on any park and recreation matter from the parks and recreation advisory board. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.) D. PRAB 1. General provisions General provisions for advisory commissions are given in Article IX, section 130 of the city charter, which reads: At any time after the organization of the council elected under the provisions of this charter, the council by ordinance may create and provide for such advisory commissions as it may deem advisable; provided, that a library commission is hereby created, and the council shall, within ninety days from its organization, appoint the members thereof. 165 Page 7 of 41 Each of such commissions, including the library commission, shall be composed of five electors, appointed by the council, not all of one sex, well known for their ability, probity, public spirit, and particular fitness to serve on such respective commissions. When first constituted, the council shall designate the terms for which each member is appointed so that the term of one commissioner shall expire on December 31 of each year; and thereafter the council shall by March of each year appoint one member to serve for a term of five years. The council shall have the power to remove any commissioner for non-attendance to duties or for cause. All vacancies shall be filled by the council. When first appointed and annually thereafter following the council's appointment of the commissioner, each commission shall organize by appointing a chair, a vice-chair, and a secretary; all commissioners shall serve without compensation, but the secretary of any commission, if not a member, may receive a salary to be fixed by the council; any commission shall have power to make rules for the conduct of its business. All commissioners shall serve until their successors are appointed. All commissions shall hold regular monthly meetings. Special meetings may be called at any time upon due notice by three members. Three members shall constitute a quorum, and the affirmative vote of at least three members shall be necessary to authorize any action by the commission. All commissions shall keep accounts and records of their respective transactions, and at the end of each quarter or more often, if requested by the council, and at the end of each fiscal year shall furnish to the council a detailed report of receipts and expenditures and a statement of other business transacted. The chair of a commission shall preside at the meetings thereof and sign, execute, acknowledge, and deliver for the commission all contracts and writings of every kind required or authorized to be signed or delivered by the commission. The signature of the chair shall be attested by the secretary. The commissions shall have the right to the floor of the council to speak on plans and expenditures proposed or to appeal for a decision in a failure to agree with another commission or the manager. Wherever there shall be suitable accommodations in the city building, the offices of the commissions shall be maintained there. (Amended by Ord. No. 6007 (1998), § 2, adopted by electorate on November 3, 1998.)* 2. Creation of PRAB PRAB is created by Article XI, section 157 of the city charter, which reads: There shall be a parks and recreation advisory board consisting of seven members appointed by the city council. The members of the board shall be residents of the city, shall not hold any other office in the city, and shall serve without pay. The council may appoint such ex-officio members to the board for such terms as it deems advisable. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.) 166 Page 8 of 41 3. PRAB office PRAB term of office, removal, and vacancy are given by Article XI, section 158 of the city charter, which reads: The term of each board member shall be five years, provided, however, that in appointing the original members of the board, the city council shall designate one member to serve until December 31, 1961, two members to serve until December 31, 1962, one member to serve until December 31, 1963, two members to serve until December 31, 1964, and one member to serve until December 31, 1965. The council may remove any board member who displays lack of interest or who fails to attend board meetings for three consecutive months without formal leave of absence. The council shall fill all vacancies. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.) 4. Organization and procedure of PRAB Organization and procedure of PRAB is given by Article XI, section 159 of the city charter, which reads: The board shall choose a chair and a secretary. The director of parks and recreation may be designated as secretary by the board. The board shall have regular meetings once a month. Special meetings may be called at any time by three members of the board upon giving of at least twenty-four hours' notice of said special meeting to the board members. Four members of the board shall constitute a quorum. Unless otherwise expressly provided herein, an affirmative vote of a majority of the members present shall be necessary to authorize any action by the board. The board shall keep minutes and records of its meetings and transactions. Except for such provisions as are herein expressly provided for, the board shall have power to make reasonable rules for the conduct of its business. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.)* 5. Functions of PRAB Functions of PRAB are given by Article XI, section 160 of the city charter, which reads: The parks and recreation advisory board shall not perform any administrative functions unless expressly provided in this charter. The board: (a) Shall make recommendations to the council concerning the disposal of park lands pursuant to Section 162 of this charter. 167 Page 9 of 41 (b) Shall make recommendations to the council concerning any expenditure or appropriation from the permanent park and recreation fund pursuant to Section 161 of this charter. (c) Shall make recommendations to the council concerning the grant or denial of any license or permit in or on park lands, pursuant to Section 164 of this charter. (d) Shall review the city manager's proposed annual budget as it relates to park and recreation matters and submit its recommendations concerning said budget to the council. (e) May, at the request of the council or the department of parks and recreation, prepare and submit to the council, city manager, or the department recommendations on such park and recreation matters as are not provided for by paragraphs (a), (b), (c) and (d) above. (f) May request information and recommendations from the department pursuant to the provisions of Section 155(d) above. The city council and the parks and recreation department shall not act on any of the matters set forth in paragraphs (a), (b), (c) and (d) above without securing a recommendation from the board as above provided; however, the council and department may act on the matters set forth in paragraphs (c) and (d) above without a board recommendation if the board fails to submit its recommendation to the council within thirty days after request therefor is made by the council. The board's recommendation shall not be binding upon the city council unless expressly provided by this charter. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.) 6. Permanent park and recreation fund The permanent park and recreation fund is created and defined by Article XI, section 161 of the city charter, which reads: There shall be a permanent park and recreation fund. This fund shall consist of the following: (a) An annual levy of nine-tenths of one mill on each dollar of assessed valuation of all taxable property within the city. (b) Gifts and donations to the fund. (c) Proceeds of the sale of any park or recreation property or equipment whether real, personal, or mixed. (d) Appropriations made to the fund by the city council. Expenditures from this fund shall be made only upon the favorable recommendation of the parks and recreation advisory board and appropriation by the council. Said fund shall not be used for any purpose other than the acquisition of park land or the permanent improvement of park and recreation facilities. Any portion of the fund remaining unexpended at the end of any fiscal year shall not in any event be converted into the general fund nor be subject to appropriation for general purposes. Money 168 Page 10 of 41 appropriated from the fund which is not expended in whole or in part shall be returned to the fund and shall not be subject to appropriation for general purposes. Money appropriated from the general fund for park or recreational purposes which is not expended for the purpose designated shall be returned to the general fund. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.) 7. Disposal of park properties The disposal of park properties is governed by Article XI, section 162 of the city charter, which reads: Park lands may be disposed of by the city council, but only upon the affirmative vote of at least four members of the parks and recreation advisory board. An advisory recommendation, which shall not be binding on the council, shall be obtained from the planning board prior to the disposition or lease of park lands. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961. Amended by Ord. No. 5574 (1993), § 1, adopted by electorate on November 2, 1993.) 8. Acquisition of park land The acquisition of park land is governed by Article XI, section 163 of the city charter, which reads: The council may acquire park land for the city, provided that the council shall not make any expenditure of money for the purpose of acquiring park lands without first securing a recommendation from the planning board and the parks and recreation advisory board. Provided, however, that the council can act without such recommendations if said boards fail to submit their recommendation to the council within thirty days after request therefor is made by the council. The recommendations of the said boards shall not be binding on the council except that the recommendation of the parks and recreation advisory board concerning expenditures from the permanent park and recreation fund shall be binding on the council pursuant to Section 161 of this charter. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.) 9. Franchises, leases, permits, and licenses in parks Franchises, leases, permits, and licenses in parks are governed by Article XI, section 164 of the city charter, which reads: No franchise shall ever be granted in or on park lands except on vote of the qualified tax-paying electors in accordance with the provisions of article VIII of the charter of the city. The council may by motion grant leases, permits, or licenses in or on park lands, but only upon the affirmative vote of at least four members of the parks and recreation advisory board. The council may, by ordinance, delegate all or any part of this authority to the parks and recreation advisory board to approve such leases, permits, or licenses. The parks and recreation advisory board may, by motion, subdelegate all or any part of its delegated authority to approve such leases, permits, or licenses to the city manager. The city manager may enter into standard 169 Page 11 of 41 commercial licensing agreements for automatic food vending machines on park lands without the approval of the parks and recreation advisory board or the council. The term of any license or permit granted hereunder shall not exceed five years, and any such license or permit so granted shall be revocable by the council at its pleasure at any time, whether such right to revoke be expressly reserved in such permit or license. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961. Amended by Ord. No. 5574 (1993), § 1, adopted by electorate on November 2, 1993.) III. CITY OF BOULDER REVISED CODE A. Boards and Commissions General Procedures 1. Rules of meeting procedure Title 2, chapter 3, section 1, subsection b, part 4 states the boards and commissions shall: Conduct its meetings under Robert's Rules Of Order, Newly Revised (1981), unless the board or commission adopts other rules of meeting procedure 2. Open meetings Title 2, chapter 3, section 1, subsection b, part 5 states the boards and commissions shall: Hold all meetings open to the public, after full and timely notice of date, time, place, and subject matter of the meeting, and provide an opportunity for public comment at the meeting 3. Procedures Title 2, chapter 3, section 1, subsection d, part 3 states the boards and commissions are authorized to: Adopt rules interpreting its legislative duties under this code and establishing procedures in aid of its functions 4. Voting Title 2, chapter 3, section 1, subsection d, part f states: If a member of a city board or commission is present at a meeting and refuses to vote, the member's vote shall be recorded in the affirmative. No member is excused from voting except on approving minutes of a meeting that the member did not attend or on a matter creating a conflict of interest under chapter 2-7, "Code Of Conduct," B.R.C. 1981, or on consideration of such member's conduct in the business of the board or commission. B. Parks and Recreation Advisory Board 1. Subpoenas Title 2, chapter 3, section 10, subsection e, states: The board is not authorized to issue subpoenas. 170 Page 12 of 41 PART TWO: PRAB RULES I. BASIC PRINCIPLES The basic principles of parliamentary procedure that PRAB shall strive to uphold: A. Rules should facilitate the transaction of business and promote cooperation and harmony. B. All members are equal; officers only have additional duties. C. The majority vote decides. D. The rights of the minority must be protected. E. Full and free discussion of propositions presented for decision is a right of members; balanced with the chair’s duty to move thru the agenda in addressing time management issues. F. Every member has the right to comprehend the meaning of the motion before PRAB and its effect. G. Meetings should be characterized by fairness and good faith. II. OFFICERS PRAB shall have a chair, a vice-chair, and a secretary. The chair and vice-chair shall be PRAB members chosen by majority vote of PRAB at its first business meeting following the annual City Council board appointments. PRAB may by an affirmative vote of four members at any business meeting remove the chair or vice-chair from office. Should a vacancy arise in the office of either the chair or vice-chair, PRAB shall fill the vacancy by majority vote. The secretary shall be a staff member designated either by the city manager or the city manager’s authorized representative. The secretary does not have authority to vote. III. CONDUCT PRAB members shall A. act on behalf of PRAB only when delegated such authority by a majority vote of PRAB and report back to PRAB on the exercise of the charge (Note that PRAB members participating in working groups act as representatives of PRAB but not as spokespersons for PRAB) B. clearly identify whether they are speaking on behalf of PRAB or speaking for themselves when speaking in public forums other than PRAB meetings, including but not limited to city council meetings C. recuse themselves from matters raising a conflict of interest, and not speak on behalf of their own interests as to that particular matter before city council D. conduct themselves in all interactions with one another, city council, city staff, and the public in a professional and courteous manner E. make all reasonable efforts to avoid “surprise” by being proactive and open in all communications IV. COMMUNICATIONS TO CITY COUNCIL The complete text of any motion presented to City Council shall be in writing. PRAB may designate a PRAB member to present the motion to City Council during the period of public comment or, if requested by the City Council, the City Manager, or the Department, during the Council meeting. The PRAB member authorized to present the motion shall provide written copies of the motion to City Council and request to read the complete text of the motion to City Council. 171 Page 13 of 41 V. AGENDA FOR MONTHLY BUSINESS MEETINGS A. Overview The agenda is generally set by the department as most matters arise from the department for consideration by PRAB under provisions of Article XI, Sections 155(c), (d), and (e). Items arising from PRAB for consideration by the department under Article XI, Section 160(f) may be placed on the agenda as described below in B. Other items on which a PRAB member desires discussion should be placed on the agenda under ‘matters from board members’ or ‘matters for discussion/information.’ B. Notes on Specific Agenda Item Categories 1. Public Comment Following public comments, the chair shall recognize a representative of the Department, usually the Director, to provide the Department an opportunity to respond directly to the public. 2. Items for Action (a) Items for action are those items for which a motion and vote are anticipated. Usually, such items should have been discussed at a previous PRAB meeting under ‘items for discussion/information’. Items on which the Department and/or Council requests PRAB advice shall generally be presented initially under ‘items for discussion/information’ and then at the following business meeting under ‘items for action.’ (b) Items for action are usually preceded by a staff presentation regarding the item and the question or questions for which the staff is seeking the advice of PRAB. The staff presentation may be followed by questions from PRAB. (c) Public hearings are discretionary for PRAB. However, in the interests of openness and accountability, PRAB shall hold public hearings prior to action on items arising under sections 160 (a) – (d) and prior to action on any item for which the PRAB determines that the period of public comment may not have provided the public an appropriate opportunity for input. (d) PRAB usually has a period of informal discussion following the close of the public hearing, which should result in a motion. (e) PRAB then debates the motion. (f) PRAB then votes on the motion. The exact wording of the final motion as voted upon shall appear in the minutes. 3. Matters from the Department Matters from the Department may include a summary of upcoming work, events, and/or collaborative activities of which the staff would like PRAB to be aware. 4. Matters from Board Members Matters from Board members may include ideas regarding information or recommendations to request from the department, reports from individual PRAB members on sub-committees or other PRAB- 172 Page 14 of 41 related activities to which less than a quorum of PRAB has been assigned, or PRAB-related activities which are not agenda items that an individual PRAB member wishes to bring to the attention of PRAB as a whole. C. Agenda Committee 1. The agenda committee is composed of the PRAB chair, PRAB vice-chair, Parks and Recreation Department Director, and any pertinent staff. In the event that the PRAB chair or PRAB vice-chair can not attend an agenda committee meeting, another PRAB member can be appointed as a pro tem agenda committee member by the PRAB member who can not attend. 2. The agenda committee usually meets on a weekday during the week of the monthly PRAB meeting. 3. The agenda committee receives a draft agenda from the Parks and Recreation Department Director, which reflects charter-mandated actions and items on which the Department and/or Council requests PRAB advice as defined by Article XI, Sections 160 through 164 inclusive of the city charter. 4. The agenda committee carries out only the agenda setting function on behalf of PRAB as a whole; therefore, it shall not use the agenda committee meeting to advance the PRAB member’s own agendas or points of view or to limit or constrain other points of view. 5. The agenda committee determines how to present each item to PRAB, works to balance content with time, and allocates time for each item (times assigned are guidelines to be monitored by the chair during the board meeting). D. The Parks and Recreation Department 1. The Parks and Recreation Department prepares packets containing the agenda and any other pertinent documents for each PRAB meeting. PRAB materials should clearly articulate the subject or question on which PRAB’s advice is sought, or the reason why the matter is being brought to the attention of the PRAB. PRAB materials should allow PRAB members to prepare appropriately prior to the meeting, such as formulating any pertinent motion, discussion points, and questions. 2. In order for PRAB members to have the most informed discussion of the issues before it, the Parks and Recreation Department is requested to provide PRAB with objective information. When analyzing alternative courses of action, it is requested that the Department present and analyze a range of realistic alternatives, including those proposed by PRAB members and members of the public, and present the Department’s preferred alternative. 3. The Parks and Recreation Department distributes the packets to PRAB members, usually on the Wednesday prior to a Monday board meeting. 4. The Parks and Recreation Department provides notice of PRAB meetings as required by BRC 2-3- 1(b)(5). 173 Page 1 of 41 CITY OF BOULDER PARKS AND RECREATION ADVISORY BOARD HANDBOOK (Presented by the Rules Subcommittee to PRAB for its review at the February 25, 2008 Board meeting) Attachment A: PRAB Handbook 174 Page 2 of 41 SCOPE ...................................................................................................................................................................................................... 3 RECOMMENDED READING ............................................................................................................................................................... 3 PART ONE: LEGAL CONTEXT .......................................................................................................................................................... 4 I. COLORADO REVISED STATUTES ........................................................................................................................................................ 4 A. Open Meetings ............................................................................................................................................................................ 4 II. CHARTER OF THE CITY OF BOULDER, COLORADO ......................................................................................................................... 4 A. The People of Boulder and Colorado’s Constitution ................................................................................................................. 4 B. City Council ................................................................................................................................................................................ 5 C. City Manager .............................................................................................................................................................................. 5 D. PRAB ........................................................................................................................................................................................... 6 III. CITY OF BOULDER REVISED CODE .............................................................................................................................................. 11 A. Boards and Commissions General Procedures ........................................................................................................................ 11 B. Parks and Recreation Advisory Board ..................................................................................................................................... 11 PART TWO: PRAB RULES ................................................................................................................................................................ 12 I. BASIC PRINCIPLES ............................................................................................................................................................................ 12 II. OFFICERS ........................................................................................................................................................................................ 12 III. CONDUCT ....................................................................................................................................................................................... 12 IV. COMMUNICATIONS TO CITY COUNCIL ......................................................................................................................................... 12 V. AGENDA FOR MONTHLY BUSINESS MEETINGS .............................................................................................................................. 13 A. Overview .................................................................................................................................................................................... 13 B. Notes on Specific Agenda Item Categories .............................................................................................................................. 13 C. Agenda Committee .................................................................................................................................................................... 14 D. The Parks and Recreation Department .................................................................................................................................... 14 VI. COMMON MODES OF PRAB OPERATIONS ................................................................................................................................... 15 A. PRAB Requests to the Department ........................................................................................................................................... 15 B. PRAB Informal Discussion ...................................................................................................................................................... 15 C. PRAB Action ............................................................................................................................................................................. 15 VII. RULES OF MEETING PROCEDURE ............................................................................................................................................... 15 A. Prior to a Meeting .................................................................................................................................................................... 15 B. Meeting Time and Place ........................................................................................................................................................... 15 C. Required Officers ...................................................................................................................................................................... 16 D. Duties of the Presiding Officer ................................................................................................................................................. 16 E. Rights of Members .................................................................................................................................................................... 16 F. Appeal ........................................................................................................................................................................................ 16 G. Quorum ..................................................................................................................................................................................... 17 H. Assignment of the Floor ........................................................................................................................................................... 17 I. Rules of Speaking ...................................................................................................................................................................... 17 J. The Handling of a Main Motion ............................................................................................................................................... 17 K. Other Useful Motions ............................................................................................................................................................... 19 L. Improper Motions ..................................................................................................................................................................... 19 M. Principal Rules Governing Motions ........................................................................................................................................ 19 N. Voting ........................................................................................................................................................................................ 20 VIII. OTHER MEETINGS ...................................................................................................................................................................... 20 IX. PARLIAMENTARY PROCEDURE ..................................................................................................................................................... 20 X. AMENDMENT ................................................................................................................................................................................... 20 XI. REVIEW .......................................................................................................................................................................................... 20 PART THREE: APPENDIX ................................................................................................................................................................. 22 I. BRC CODE OF CONDUCT ................................................................................................................................................................. 22 II. CITY ATTORNEY’S MARCH 30, 2007 REPORT ENTITLED “SUMMARY OF IMPORTANT LEGAL RESPONSIBILITIES FOR BOARD MEMBERS AND COMMISSIONERS ................................................................................................................................................. 32 175 Page 3 of 41 SCOPE Part one is a summary of laws relevant to the Parks and Recreation Advisory Board (PRAB); it is not intended to be an authoritative source of the law and should be updated when laws change. Part one is intended to provide an overview of the most important legal information relating to PRAB and to provide the legal context in which PRAB exists. PRAB should request assistance from the City Attorney’s Office regarding questions of legal interpretation. Note that PRAB members are bound by their oaths of office to “… support the Constitution of the United States of America and of the State of Colorado and the Charter and ordinances of the City of Boulder.” Note that the actual legal text as accessed online is shown in italics in part one; any text not italicized in part one is not part of the law. For Boulder’s Charter and the Boulder Revised Code (BRC), the text was taken from http://www.colocode.com/boulder2/index.htm on November 19, 2007 (Note that 4-20-21 and 2-7 were taken on January 16, 2008). For the Colorado Revised Statutes, the text was taken from http://www2.michie.com/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0 on November 19, 2007. Part two is intended to provide rules for PRAB to conduct its business. The rules in part two are made by PRAB under authority granted to it by the Boulder Revised Code and are based on The Standard Code of Parliamentary Procedure (2001). These rules are incorporated into the handbook and become effective upon an affirmative vote of four PRAB members. Thereafter, all prior rules of PRAB in conflict therewith shall be of no further force or effect. Note that PRAB may not revise the statutory language quoted in parts 1 and 3, but the non-statutory rules set forth in part 2 are subject to revision by the vote of a majority of PRAB. In addition, it is the responsibility of PRAB to maintain this document; the department may assist PRAB by providing an annual reminder to review and update this document, but that work is to be done by PRAB. This document has been prepared with the assistance of the City of Boulder’s Office of the City Attorney. RECOMMENDED READING PRAB members are advised to read and familiarize themselves with the following: Parks and Recreation Master Plan. BRC 2-7 Code of Conduct. Included in part I of the appendix to this document. City Attorney’s March 30, 2007 Report entitled “Summary of Important Legal Responsibilities for Board Members and Commissioners” Included in part II of the appendix to this document. The Standard Code of Parliamentary Procedure (2001). 176 Page 4 of 41 PART ONE: LEGAL CONTEXT I. COLORADO REVISED STATUTES A. Open Meetings PRAB members are advised to read and familiarize themselves with Title 24, Article 6, Part 4, Section 202 of the Colorado Revised Statutes, which reads in part: (2) (a) All meetings of two or more members of any state public body at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times. (b) All meetings of a quorum or three or more members of any local public body, whichever is fewer, at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times. (c) Any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or quorum of the body is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public. In addition to any other means of full and timely notice, a local public body shall be deemed to have given full and timely notice if the notice of the meeting is posted in a designated public place within the boundaries of the local public body no less than twenty-four hours prior to the holding of the meeting. The public place or places for posting such notice shall be designated annually at the local public body's first regular meeting of each calendar year. The posting shall include specific agenda information where possible. (d) (I) Minutes of any meeting of a state public body shall be taken and promptly recorded, and such records shall be open to public inspection. The minutes of a meeting during which an executive session authorized under subsection (3) of this section is held shall reflect the topic of the discussion at the executive session. (II) Minutes of any meeting of a local public body at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or could occur shall be taken and promptly recorded, and such records shall be open to public inspection. The minutes of a meeting during which an executive session authorized under subsection (4) of this section is held shall reflect the topic of the discussion at the executive session. (III) If elected officials use electronic mail to discuss pending legislation or other public business among themselves, the electronic mail shall be subject to the requirements of this section. Electronic mail communication among elected officials that does not relate to pending legislation or other public business shall not be considered a "meeting" within the meaning of this section. II. CHARTER OF THE CITY OF BOULDER, COLORADO A. The People of Boulder and Colorado’s Constitution The preamble to the city charter reads: 177 Page 5 of 41 We, the people of the City of Boulder, under the authority of the constitution of the State of Colorado, do ordain and establish this charter for the municipal government of the City of Boulder, Colorado. B. City Council 1. Specific duties of council The specific duties of council are given in Article II section 12 of the city charter, which reads: The council shall choose and appoint a city manager, a city attorney, a police magistrate, and an auditor for such independent audits as are in this charter required or authorized to be made by order of the council, and such advisory boards or commissions as may be desired or are elsewhere provided for by this charter; but no member of the council shall act or be chosen as manager. The council shall cause to be made at least annually, and at such other times as it may deem necessary, an audit of all financial accounts of the city. The council shall consider all recommendations and reports from time to time presented by the city manager, or by any of the advisory commissions or the departments of planning and parks, and shall accept or reject the same within thirty days from the date of filing thereof with the council. 2. Powers expressly withheld from council Powers expressly withheld from council are given in Article II section 13 of the city charter, which reads: Except for purposes of inquiry, the council shall deal with the administrative service solely and directly through the city manager, and neither council, its members, nor committees shall either dictate the appointment, retention or removal or direct or interfere with the work of any officer or employee under the city manager. Any such dictation, attempted direction, or interference on the part of any member of the council shall be punishable in the manner deemed appropriate by the other members of the council, which may include removal from office. (Amended by Ord. No. 6008 (1998), § 2, adopted by electorate on November 3, 1998. Further amended by Ord. No. 6009 (1998), § 2, adopted by electorate on November 3, 1998.) C. City Manager 1. The city manager defined Boulder Revised Code 1-2-1(b) states: "City manager" means the city manager of the City of Boulder, Colorado or the manager's authorized representative. 2. The city manager’s role 178 Page 6 of 41 The city manager’s role is given in Article V section 63 of the city charter, which reads, in part: The city manager shall be the chief executive and administrative officer of the city. As such, the manager shall possess, have, and exercise all the executive and administrative powers vested in the city. 3. The city manager’s powers and duties The city manager’s powers and duties are given in Article V section 64 of the city charter. Subsection c of Article V section 64 reads: To exercise control and supervision over all departments herein created, except as otherwise in this charter provided; 4. The city manager and the department of parks and recreation The relationship between the department of parks and recreation and the city manager as well as the functions of the department of parks and recreation are given in Article XI section 155 of the city charter, which reads: Under the direction, supervision and control of the city manager, the department of parks and recreation: (a) Shall supervise, administer, and maintain all park property and recreation facilities. (b) Shall supervise, administer, and execute all park and recreation programs, plans, functions, and activities of the city. (c) Shall prepare and submit to the parks and recreation advisory board written recommendations on those matters where this article requires a recommendation from said board prior to council or department action. (d) May, at the request of the parks and recreation advisory board, prepare and submit to the board information and recommendations on such park and recreation matters as are not provided for by (c) above. (e) May request advice on any park and recreation matter from the parks and recreation advisory board. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.) D. PRAB 1. General provisions General provisions for advisory commissions are given in Article IX, section 130 of the city charter, which reads: At any time after the organization of the council elected under the provisions of this charter, the council by ordinance may create and provide for such advisory commissions as it may deem advisable; provided, that a library commission is hereby created, and the council shall, within ninety days from its organization, appoint the members thereof. 179 Page 7 of 41 Each of such commissions, including the library commission, shall be composed of five electors, appointed by the council, not all of one sex, well known for their ability, probity, public spirit, and particular fitness to serve on such respective commissions. When first constituted, the council shall designate the terms for which each member is appointed so that the term of one commissioner shall expire on December 31 of each year; and thereafter the council shall by March of each year appoint one member to serve for a term of five years. The council shall have the power to remove any commissioner for non-attendance to duties or for cause. All vacancies shall be filled by the council. When first appointed and annually thereafter following the council's appointment of the commissioner, each commission shall organize by appointing a chair, a vice-chair, and a secretary; all commissioners shall serve without compensation, but the secretary of any commission, if not a member, may receive a salary to be fixed by the council; any commission shall have power to make rules for the conduct of its business. All commissioners shall serve until their successors are appointed. All commissions shall hold regular monthly meetings. Special meetings may be called at any time upon due notice by three members. Three members shall constitute a quorum, and the affirmative vote of at least three members shall be necessary to authorize any action by the commission. All commissions shall keep accounts and records of their respective transactions, and at the end of each quarter or more often, if requested by the council, and at the end of each fiscal year shall furnish to the council a detailed report of receipts and expenditures and a statement of other business transacted. The chair of a commission shall preside at the meetings thereof and sign, execute, acknowledge, and deliver for the commission all contracts and writings of every kind required or authorized to be signed or delivered by the commission. The signature of the chair shall be attested by the secretary. The commissions shall have the right to the floor of the council to speak on plans and expenditures proposed or to appeal for a decision in a failure to agree with another commission or the manager. Wherever there shall be suitable accommodations in the city building, the offices of the commissions shall be maintained there. (Amended by Ord. No. 6007 (1998), § 2, adopted by electorate on November 3, 1998.)* 2. Creation of PRAB PRAB is created by Article XI, section 157 of the city charter, which reads: There shall be a parks and recreation advisory board consisting of seven members appointed by the city council. The members of the board shall be residents of the city, shall not hold any other office in the city, and shall serve without pay. The council may appoint such ex-officio members to the board for such terms as it deems advisable. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.) 180 Page 8 of 41 3. PRAB office PRAB term of office, removal, and vacancy are given by Article XI, section 158 of the city charter, which reads: The term of each board member shall be five years, provided, however, that in appointing the original members of the board, the city council shall designate one member to serve until December 31, 1961, two members to serve until December 31, 1962, one member to serve until December 31, 1963, two members to serve until December 31, 1964, and one member to serve until December 31, 1965. The council may remove any board member who displays lack of interest or who fails to attend board meetings for three consecutive months without formal leave of absence. The council shall fill all vacancies. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.) 4. Organization and procedure of PRAB Organization and procedure of PRAB is given by Article XI, section 159 of the city charter, which reads: The board shall choose a chair and a secretary. The director of parks and recreation may be designated as secretary by the board. The board shall have regular meetings once a month. Special meetings may be called at any time by three members of the board upon giving of at least twenty-four hours' notice of said special meeting to the board members. Four members of the board shall constitute a quorum. Unless otherwise expressly provided herein, an affirmative vote of a majority of the members present shall be necessary to authorize any action by the board. The board shall keep minutes and records of its meetings and transactions. Except for such provisions as are herein expressly provided for, the board shall have power to make reasonable rules for the conduct of its business. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.)* 5. Functions of PRAB Functions of PRAB are given by Article XI, section 160 of the city charter, which reads: The parks and recreation advisory board shall not perform any administrative functions unless expressly provided in this charter. The board: (a) Shall make recommendations to the council concerning the disposal of park lands pursuant to Section 162 of this charter. 181 Page 9 of 41 (b) Shall make recommendations to the council concerning any expenditure or appropriation from the permanent park and recreation fund pursuant to Section 161 of this charter. (c) Shall make recommendations to the council concerning the grant or denial of any license or permit in or on park lands, pursuant to Section 164 of this charter. (d) Shall review the city manager's proposed annual budget as it relates to park and recreation matters and submit its recommendations concerning said budget to the council. (e) May, at the request of the council or the department of parks and recreation, prepare and submit to the council, city manager, or the department recommendations on such park and recreation matters as are not provided for by paragraphs (a), (b), (c) and (d) above. (f) May request information and recommendations from the department pursuant to the provisions of Section 155(d) above. The city council and the parks and recreation department shall not act on any of the matters set forth in paragraphs (a), (b), (c) and (d) above without securing a recommendation from the board as above provided; however, the council and department may act on the matters set forth in paragraphs (c) and (d) above without a board recommendation if the board fails to submit its recommendation to the council within thirty days after request therefor is made by the council. The board's recommendation shall not be binding upon the city council unless expressly provided by this charter. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.) 6. Permanent park and recreation fund The permanent park and recreation fund is created and defined by Article XI, section 161 of the city charter, which reads: There shall be a permanent park and recreation fund. This fund shall consist of the following: (a) An annual levy of nine-tenths of one mill on each dollar of assessed valuation of all taxable property within the city. (b) Gifts and donations to the fund. (c) Proceeds of the sale of any park or recreation property or equipment whether real, personal, or mixed. (d) Appropriations made to the fund by the city council. Expenditures from this fund shall be made only upon the favorable recommendation of the parks and recreation advisory board and appropriation by the council. Said fund shall not be used for any purpose other than the acquisition of park land or the permanent improvement of park and recreation facilities. Any portion of the fund remaining unexpended at the end of any fiscal year shall not in any event be converted into the general fund nor be subject to appropriation for general purposes. Money 182 Page 10 of 41 appropriated from the fund which is not expended in whole or in part shall be returned to the fund and shall not be subject to appropriation for general purposes. Money appropriated from the general fund for park or recreational purposes which is not expended for the purpose designated shall be returned to the general fund. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.) 7. Disposal of park properties The disposal of park properties is governed by Article XI, section 162 of the city charter, which reads: Park lands may be disposed of by the city council, but only upon the affirmative vote of at least four members of the parks and recreation advisory board. An advisory recommendation, which shall not be binding on the council, shall be obtained from the planning board prior to the disposition or lease of park lands. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961. Amended by Ord. No. 5574 (1993), § 1, adopted by electorate on November 2, 1993.) 8. Acquisition of park land The acquisition of park land is governed by Article XI, section 163 of the city charter, which reads: The council may acquire park land for the city, provided that the council shall not make any expenditure of money for the purpose of acquiring park lands without first securing a recommendation from the planning board and the parks and recreation advisory board. Provided, however, that the council can act without such recommendations if said boards fail to submit their recommendation to the council within thirty days after request therefor is made by the council. The recommendations of the said boards shall not be binding on the council except that the recommendation of the parks and recreation advisory board concerning expenditures from the permanent park and recreation fund shall be binding on the council pursuant to Section 161 of this charter. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.) 9. Franchises, leases, permits, and licenses in parks Franchises, leases, permits, and licenses in parks are governed by Article XI, section 164 of the city charter, which reads: No franchise shall ever be granted in or on park lands except on vote of the qualified tax-paying electors in accordance with the provisions of article VIII of the charter of the city. The council may by motion grant leases, permits, or licenses in or on park lands, but only upon the affirmative vote of at least four members of the parks and recreation advisory board. The council may, by ordinance, delegate all or any part of this authority to the parks and recreation advisory board to approve such leases, permits, or licenses. The parks and recreation advisory board may, by motion, subdelegate all or any part of its delegated authority to approve such leases, permits, or licenses to the city manager. The city manager may enter into standard 183 Page 11 of 41 commercial licensing agreements for automatic food vending machines on park lands without the approval of the parks and recreation advisory board or the council. The term of any license or permit granted hereunder shall not exceed five years, and any such license or permit so granted shall be revocable by the council at its pleasure at any time, whether such right to revoke be expressly reserved in such permit or license. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961. Amended by Ord. No. 5574 (1993), § 1, adopted by electorate on November 2, 1993.) III. CITY OF BOULDER REVISED CODE A. Boards and Commissions General Procedures 1. Rules of meeting procedure Title 2, chapter 3, section 1, subsection b, part 4 states the boards and commissions shall: Conduct its meetings under Robert's Rules Of Order, Newly Revised (1981), unless the board or commission adopts other rules of meeting procedure 2. Open meetings Title 2, chapter 3, section 1, subsection b, part 5 states the boards and commissions shall: Hold all meetings open to the public, after full and timely notice of date, time, place, and subject matter of the meeting, and provide an opportunity for public comment at the meeting 3. Procedures Title 2, chapter 3, section 1, subsection d, part 3 states the boards and commissions are authorized to: Adopt rules interpreting its legislative duties under this code and establishing procedures in aid of its functions 4. Voting Title 2, chapter 3, section 1, subsection d, part f states: If a member of a city board or commission is present at a meeting and refuses to vote, the member's vote shall be recorded in the affirmative. No member is excused from voting except on approving minutes of a meeting that the member did not attend or on a matter creating a conflict of interest under chapter 2-7, "Code Of Conduct," B.R.C. 1981, or on consideration of such member's conduct in the business of the board or commission. B. Parks and Recreation Advisory Board 1. Subpoenas Title 2, chapter 3, section 10, subsection e, states: The board is not authorized to issue subpoenas. 184 Page 12 of 41 PART TWO: PRAB RULES I. BASIC PRINCIPLES The basic principles of parliamentary procedure that PRAB shall strive to uphold: A. Rules should facilitate the transaction of business and promote cooperation and harmony. B. All members are equal; officers only have additional duties. C. The majority vote decides. D. The rights of the minority must be protected. E. Full and free discussion of propositions presented for decision is a right of members; balanced with the chair’s duty to move thru the agenda in addressing time management issues. F. Every member has the right to comprehend the meaning of the motion before PRAB and its effect. G. Meetings should be characterized by fairness and good faith. II. OFFICERS PRAB shall have a chair, a vice-chair, and a secretary. The chair and vice-chair shall be PRAB members chosen by majority vote of PRAB at its first business meeting following the annual City Council board appointments. PRAB may by an affirmative vote of four members at any business meeting remove the chair or vice-chair from office. Should a vacancy arise in the office of either the chair or vice-chair, PRAB shall fill the vacancy by majority vote. The secretary shall be a staff member designated either by the city manager or the city manager’s authorized representative. The secretary does not have authority to vote. III. CONDUCT PRAB members shall A. act on behalf of PRAB only when delegated such authority by a majority vote of PRAB and report back to PRAB on the exercise of the charge (Note that PRAB members participating in working groups act as representatives of PRAB but not as spokespersons for PRAB) B. clearly identify whether they are speaking on behalf of PRAB or speaking for themselves when speaking in public forums other than PRAB meetings, including but not limited to city council meetings C. recuse themselves from matters raising a conflict of interest, and not speak on behalf of their own interests as to that particular matter before city council D. conduct themselves in all interactions with one another, city council, city staff, and the public in a professional and courteous manner E. make all reasonable efforts to avoid “surprise” by being proactive and open in all communications IV. COMMUNICATIONS TO CITY COUNCIL The complete text of any motion presented to City Council shall be in writing. PRAB may designate a PRAB member to present the motion to City Council during the period of public comment or, if requested by the City Council, the City Manager, or the Department, during the Council meeting. The PRAB member authorized to present the motion shall provide written copies of the motion to City Council and request to read the complete text of the motion to City Council. 185 Page 13 of 41 V. AGENDA FOR MONTHLY BUSINESS MEETINGS A. Overview The agenda is generally set by the department as most matters arise from the department for consideration by PRAB under provisions of Article XI, Sections 155(c), (d), and (e). Items arising from PRAB for consideration by the department under Article XI, Section 160(f) may be placed on the agenda as described below in B. Other items on which a PRAB member desires discussion should be placed on the agenda under ‘matters from board members’ or ‘matters for discussion/information.’ B. Notes on Specific Agenda Item Categories 1. Public Comment Following public comments, the chair shall recognize a representative of the Department, usually the Director, to provide the Department an opportunity to respond directly to the public. 2. Items for Action (a) Items for action are those items for which a motion and vote are anticipated. Usually, such items should have been discussed at a previous PRAB meeting under ‘items for discussion/information’. Items on which the Department and/or Council requests PRAB advice shall generally be presented initially under ‘items for discussion/information’ and then at the following business meeting under ‘items for action.’ (b) Items for action are usually preceded by a staff presentation regarding the item and the question or questions for which the staff is seeking the advice of PRAB. The staff presentation may be followed by questions from PRAB. (c) Public hearings are discretionary for PRAB. However, in the interests of openness and accountability, PRAB shall hold public hearings prior to action on items arising under sections 160 (a) – (d) and prior to action on any item for which the PRAB determines that the period of public comment may not have provided the public an appropriate opportunity for input. (d) PRAB usually has a period of informal discussion following the close of the public hearing, which should result in a motion. (e) PRAB then debates the motion. (f) PRAB then votes on the motion. The exact wording of the final motion as voted upon shall appear in the minutes. 3. Matters from the Department Matters from the Department may include a summary of upcoming work, events, and/or collaborative activities of which the staff would like PRAB to be aware. 4. Matters from Board Members Matters from Board members may include ideas regarding information or recommendations to request from the department, reports from individual PRAB members on sub-committees or other PRAB- 186 Page 14 of 41 related activities to which less than a quorum of PRAB has been assigned, or PRAB-related activities which are not agenda items that an individual PRAB member wishes to bring to the attention of PRAB as a whole. C. Agenda Committee 1. The agenda committee is composed of the PRAB chair, PRAB vice-chair, Parks and Recreation Department Director, and any pertinent staff. In the event that the PRAB chair or PRAB vice-chair can not attend an agenda committee meeting, another PRAB member can be appointed as a pro tem agenda committee member by the PRAB member who can not attend. 2. The agenda committee usually meets on a weekday during the week of the monthly PRAB meeting. 3. The agenda committee receives a draft agenda from the Parks and Recreation Department Director, which reflects charter-mandated actions and items on which the Department and/or Council requests PRAB advice as defined by Article XI, Sections 160 through 164 inclusive of the city charter. 4. The agenda committee carries out only the agenda setting function on behalf of PRAB as a whole; therefore, it shall not use the agenda committee meeting to advance the PRAB member’s own agendas or points of view or to limit or constrain other points of view. 5. The agenda committee determines how to present each item to PRAB, works to balance content with time, and allocates time for each item (times assigned are guidelines to be monitored by the chair during the board meeting). D. The Parks and Recreation Department 1. The Parks and Recreation Department prepares packets containing the agenda and any other pertinent documents for each PRAB meeting. PRAB materials should clearly articulate the subject or question on which PRAB’s advice is sought, or the reason why the matter is being brought to the attention of the PRAB. PRAB materials should allow PRAB members to prepare appropriately prior to the meeting, such as formulating any pertinent motion, discussion points, and questions. 2. In order for PRAB members to have the most informed discussion of the issues before it, the Parks and Recreation Department is requested to provide PRAB with objective information. When analyzing alternative courses of action, it is requested that the Department present and analyze a range of realistic alternatives, including those proposed by PRAB members and members of the public, and present the Department’s preferred alternative. 3. The Parks and Recreation Department distributes the packets to PRAB members, usually on the Wednesday prior to a Monday board meeting. 4. The Parks and Recreation Department provides notice of PRAB meetings as required by BRC 2-3- 1(b)(5). 187 Page 15 of 41 VI. COMMON MODES OF PRAB OPERATIONS A. PRAB Requests to the Department PRAB may request information and recommendations from the department under Article XI, Section 160(f) via passing a motion that makes that request. The usual process for making such a request is to introduce an idea during the ‘approval of agenda’ portion of the meeting and then have an initial discussion of it under either the ‘matters for discussion/information’ or ‘matters from board members’ portion of the meeting. Following initial discussion, PRAB should vote on a motion to dispose of the idea, to include it on the agenda for the next business meeting for further work, or to make another motion that actually spells out the request of the department. B. PRAB Informal Discussion Items that a PRAB member wishes to discuss with PRAB should be raised by that member in the form of a motion for informal consideration. If the motion carries, then an informal discussion can take place either under the ‘matters from board members’ portion of the current meeting or under another portion of the current meeting as specified in the motion approved. An informal discussion is started by a motion but does not center on a motion, so the rules for handling motions and debate do not apply during the period of informal discussion. Following informal discussion, a PRAB member may make a motion to include the item for action on the agenda for the current meeting or for the next meeting. If a motion to add the item to the current meeting agenda is approved, then any PRAB member may make a motion on that item. C. PRAB Action PRAB takes action via a motion, debate on a motion, and voting on a motion. If a PRAB member wishes the board to take immediate action on an item, that member should raise the item during the ‘approval of agenda’ portion of the meeting in the form of a motion for debate. If the motion carries, then the issue can be debated during the ‘items for action’ portion of the current meeting. VII. RULES OF MEETING PROCEDURE A. Prior to a Meeting 1. PRAB members should review their meeting packets and come to the meeting prepared to address the agenda without undue delay. 2. To the extent that an individual PRAB member has a question regarding a particular agenda item, the PRAB member may address the question to the Department Director. If time permits, staff may respond to the PRAB member who raised the question prior to the meeting and the PRAB as a whole. The inquiry and response shall be reported at the PRAB meeting by the PRAB member who raised the question and the chair shall provide the Department an opportunity to speak to the question. B. Meeting Time and Place 1. The usual meeting time and place shall be the fourth Monday of each month starting at 6 pm in the City Council chambers; however, the time and place may be changed upon adequate prior notice to the public, PRAB, and the department. 188 Page 16 of 41 C. Required Officers 1. Presiding Officer The chair of PRAB is the presiding officer, unless absent. In the absence of the chair of PRAB, the vice-chair of PRAB shall be the presiding officer. If both the chair of PRAB and the vice-chair of PRAB are absent, then a member of PRAB shall be elected by a majority vote of the PRAB members present as chair pro tem and shall serve as the presiding officer. 2. Secretary In the absence of the secretary, a secretary pro tem shall be elected by a majority vote of the members present. D. Duties of the Presiding Officer The presiding officer shall: Determine the presence of a quorum Call the meeting to order Move through the agenda while monitoring the time Ensure that all persons speaking during public participation have provided the appropriate written information to PRAB Ensure that access to the floor is fair, equitable, and untainted by his/her position on the issue State and put to vote all motions Announce the result of each vote Enforce the rules relating to procedure and decorum Refuse to recognize dilatory or improper motions Announce the basis or reason for ruling any motion improper E. Rights of Members Members’ rights include: Make motions Speak in debate on motions Vote Require a retake of a voice vote of which the result is doubted by the member Make a point of order to insist on the enforcement of the rules if the member notices a breach of the rules that the presiding officer has not corrected Make a parliamentary inquiry of the presiding officer if uncertain as to whether there is a breach on which a point of order can be made F. Appeal Although the duty of ruling on all questions of parliamentary procedure rests with the presiding officer, any two members can require him to submit a ruling to the vote of PRAB by moving and seconding an appeal immediately after the presiding officer has made a ruling. By one member making the appeal and another seconding it, the ruling is taken from the presiding officer and vested in PRAB for final decision. 189 Page 17 of 41 G. Quorum 1. Four members of PRAB constitute a quorum, as specified in Article XI, Section 159. 2. It is the duty of the presiding officer to determine that a quorum is present before calling a meeting to order. An announcement is not required. 3. The only actions that can be taken in the absence of a quorum are: Fix a time at which to adjourn Adjourn Recess Take measures to obtain a quorum H. Assignment of the Floor 1. Before speaking, a member must claim the floor by raising their hand. The chair will recognize a member by nodding or announcing. 2. While a motion is open to debate, if the member who made the motion claims the floor and has not already spoken on the question, then she or he is entitled to be recognized first. I. Rules of Speaking At all times, members shall Maintain a courteous tone Avoid repetition to the greatest extent possible Not engage in personal attacks Confine their statements to 5 minutes, unless permission has been obtained from PRAB to exceed that limit J. The Handling of a Main Motion 1. Making a motion A member, after obtaining the floor, makes a motion. If necessary, the motion can be prefaced by a few words of explanation, which must not become a statement, or a member can first request information or can indicate briefly what he wishes to propose and request the chair or another member to assist with appropriate wording. A resolution or a long or complicated motion should be prepared in advance of the meeting, if possible, and should be put in writing before it is offered. 2. Seconding a motion Another member can second the motion to indicate that the motion should come before PRAB for consideration. The seconder may speak and vote against the motion. If there is no second, the chair shall not recognize the motion. 3. Stating the motion The chair formally places the motion before PRAB by stating the exact motion and announcing it is open to debate. The chair may require any motion to be in writing before she or he states it. Note 190 Page 18 of 41 that a motion can be withdrawn by its proposer anytime before the chair states the motion. Once the chair has stated it, the motion can be withdrawn only by permission of PRAB. 4. Debate (a) The presiding officer can enter into the debate on the pending motion. (b) The assignment of the floor in section VI H above applies. (c) The speaker’s position on the motion should be stated directly, such as “I support this motion because…” or “I oppose this motion because…” (d) In addition to the rules for speaking in section VI I above, the following rules of decorum apply: i. Members shall confine remarks to the merits of the pending question – discussion that departs from the subject is out of order ii. Members shall refrain from attacking a member’s motives iii. Members shall not disturb PRAB during debate iv. Members who are interested and informed on the subject may speak several times providing that members who have not already spoken are not seeking recognition. v. Merely asking a question or making a brief suggestion is not considered a statement in debate. vi. After each member has had the opportunity to be heard in each round of debate, the chair shall ask if there is any further discussion. If not, the motion is put to a vote. (e) Amendments i. An amendment must always be closely related to or have bearing upon the subject of the motion to be amended. No new subject can be introduced under the pretext of an amendment but an amendment can be hostile to or defeat the spirit of the original motion. ii. Amendments may a) insert or add words or paragraphs b) strike out words or paragraphs c) strike out and insert words d) substitute words, from one word to the entire text of the motion iii. Handling of amendments a) A member obtains the floor during debate on a motion b) The member moves to amend c) Another member seconds d) The presiding officer states the proposed amended form of the motion e) Debate on the amendment f) The presiding officer puts the amendment to a vote 191 Page 19 of 41 5. Putting the motion to a vote (a) The presiding officer asks “Is there any further discussion?” If no one claims the floor, then the chair announces the exact motion. If there is any possibility of confusion, the chair should explain the effect of a yes vote and the effect of a no vote. (b) The presiding officer announces the form of the vote, in accordance with section L below. (c) The presiding officer calls for the affirmative vote (d) The presiding officer calls for the negative vote (e) The presiding officer announces the result of the vote K. Other Useful Motions Motions other than main motions are available and members are encouraged to consult The Standard Code of Parliamentary Procedure (2001) for further information. Some of the more useful motions available are summarized in the table appearing in part II of the appendix. L. Improper Motions 1. A motion is out of order if it conflicts with US, Colorado, or City of Boulder law. 2. A motion is out of order if it proposes action outside the legal scope of PRAB. 3. A motion is dilatory and out of order if it seeks to obstruct or thwart the will of PRAB as clearly indicated by the existing parliamentary situation or if it is absurd in substance. M. Principal Rules Governing Motions The following chart is adopted from The Standard Code of Parliamentary Procedure (2001): category precedence motion interrupt second Vote Privileged 1 Adjourn no yes Majority 2 Recess no yes Majority 3 Question of privilege yes no None Subsidiary 4 Postpone temporarily (table) no yes majority, 2/3 if suppresses debate on the motion 5 Close debate no yes 2/3 6 Limit debate no yes 2/3 7 Postpone to a certain time no yes Majority 8 Refer to committee no yes Majority 9 Amend no yes Majority Main 10 Main motion no yes Majority 10 Amend a previous action no yes Majority 10 Ratify no yes Majority 10 Reconsider yes yes Majority 10 Rescind no yes Majority 10 Resume consideration no yes Majority Incidental Motions NA Appeal yes yes Majority NA Suspend rules no yes 2/3 192 Page 20 of 41 NA Consider informally no yes Majority Incidental Requests NA Point of order yes no None NA Parliamentary inquiry yes no None NA Withdraw a motion yes no None N. Voting 1. A roll call vote on a rotating basis of the roll shall be taken upon all motions pertaining to: disposal of park lands expenditure or appropriation from the permanent park and recreation fund grant or denial of any license or permit in or on park lands review of the budget recommendations on the budget 2. For all other motions, the vote may be taken by voice, by show of hands, or by roll call on a rotating basis of the roll as determined by the presiding officer subject to appeal. 3. Unless otherwise expressly provided in the Charter or BRC, an affirmative vote of a majority of the members present shall be necessary to authorize any action of PRAB, as specified in Article XI, Section 159. 4. Any member who doubts the result of a voice vote has a right to require a retake of that voice vote as a show of hands. 5. If a PRAB member is present and refuses to vote, the member’s vote shall be recorded in the affirmative. No member is excused from voting except on approving minutes of a meeting that the member did not attend or on a matter creating a conflict of interest as specified by BRC 2-3-1(f). VIII.OTHER MEETINGS PRAB may hold meetings other than the monthly business meeting. Such meetings shall be called by PRAB by a majority vote on a motion – the motion shall include the time and place of the meeting. Such meetings are subject to the legal context in which PRAB exists including notice and minutes. Such meetings may be study meetings with city staff, PRAB working meetings without staff, or other forms as needed. IX.PARLIAMENTARY PROCEDURE Except as provided herein or specified in the Charter or BRC, all matters of procedure are governed by The Standard Code of Parliamentary Procedure (2001). X.AMENDMENT Provided notice of proposed changes, which includes additions, has been given to each PRAB member and to the Office of the City Attorney at least fifteen days prior to a business meeting, these rules may be amended by PRAB by an affirmative vote of four members. XI.REVIEW At the first business meeting of each calendar year, these rules shall be reviewed by PRAB for the purposes of PRAB members maintaining familiarity with these procedures, assessing the effectiveness of these rules, 193 Page 21 of 41 and evaluating if any modifications are needed. Updates to the handbook, especially updating the statutory quotations, should also be made by PRAB in cooperation with the City Attorney’s Office at that time. 194 Page 22 of 41 PART THREE: APPENDIX I. BRC CODE OF CONDUCT Chapter 2-7: Code of Conduct 2-7-1 Purpose, Legislative Intent and Findings. (a) Purpose: The purpose of this chapter is to protect the integrity of city government by: (1) Defining and forbidding certain conflicts of interest that if left unchecked tend to compromise the ability of elected and appointed public officials and public employees to perform their duties without improper financial influence. (2) Defining and discouraging certain actions that may create an appearance of impropriety that undermines public trust in the accountability and loyalty of elected and appointed public officials and employees. (3) Protecting the integrity of city government by providing standards of conduct and guidelines for elected and appointed public officials and public employees to follow when their private interests as residents conflict with their public duties. (4) Fostering public trust by defining standards of honest government and prohibiting the use of public office for private gain. (b) Legislative Intent: It is the intent of the city council to: (1) Prohibit public officials and public employees from acting on any matter in which he or she may have a conflict of interest. (2) Establish aspirational guidelines to encourage public officials and public employees to avoid any appearance of impropriety. (3) Require adherence to any provision of state or federal law that imposes a higher standard of conduct than this chapter. (c) Findings: The city council finds and determines that this chapter is necessary to protect the public health, safety, and welfare of the residents of Boulder. 2-7-2 Conflicts of Interest Prohibited. (a) Conflicts Prohibited: No public official or public employee shall make or participate in the making of any official action in which he or she knows or should have known that he or she would have a conflict of interest. (b) Disclosure Required: Each public official or public employee shall disclose any conflict of interest and disqualify him or herself from participating in the relevant action as provided in section 2-7-10, "Disclosure and Recusal Procedure," B.R.C. 1981. 2-7-3 Use of Public Office or Confidential Information for Financial Gain. 195 Page 23 of 41 (a) Use Of Position For Gain Prohibited: No city council member, employee, or appointee to a city board, commission, task force or similar body shall use his or her public office or position for financial gain. (b) Use Of Confidential Information For Financial Gain Prohibited: No city council member, employee, or appointee to a city board, commission, task force or similar body shall use or disclose confidential information obtained as a result of holding his or her public office or position, to obtain financial gain, whether for personal gain; gain for his or her relative; gain of any property or entity in which the official or employee has a substantial interest; or gain for any person or for any entity with whom the official or employee is negotiating for or has any arrangement concerning prospective employment. 2-7-4 Duty to Maintain the Confidentiality of Privileged Information. (a) Duty Of A Member Of City Council, Board, Commission, Task Force Or Similar Body: No city council member or appointee to a city board, commission, task force or similar body shall disclose privileged or confidential information without a public majority vote granting the permission of the council or similar body that holds the privilege. The sanction for a member of the city council, board, commission, task force or similar body shall be censure of the body, reached by a majority vote of the body, not including the member charged with disclosing such confidential information. (b) Duty Of A City Employee: No city employee shall disclose privileged or confidential information, obtained as a result of holding his or her public office or position, unless the employee has first received approval by the city manager acting upon the advice of the city attorney. 2-7-5 Gifts to Officials and Employees. (a) Gifts Prohibited: No city council member or appointee to a city board, commission, task force or similar body, or city employee, or relative of such employee or official shall accept anything of value including, without limitation, a gift, a favor, or a promise of future employment if: (1) The official or employee is in a position to take official action with regard to the donor; or (2) The city has or is known to be likely to have a transactional, business, or regulatory relationship with the donor. (b) Exceptions And Items Not Considered Gifts: The following shall not be considered gifts for purposes of this section, and it shall not be a violation of this chapter for a person to accept the same: (1) Campaign contributions as permitted by law; (2) An unsolicited, occasional non-pecuniary gift of a maximum amount of $50.00 or less in value. The maximum amount will be adjusted on January 1, 2006, and annually thereafter to reflect changes in the United States Bureau of Labor Statistics Consumer Price Index for the Denver-Boulder Consolidated Metropolitan Statistical Area for all Urban Consumers, All Goods, or its successor index; 196 Page 24 of 41 (3) A gift from a relative; (4) An award, publicly presented, in recognition of public service; (5) Reasonable expenses paid by other governments or governmentally related organizations for attendance at a convention, fact-finding mission or trip, or other meeting if the person is scheduled to deliver a speech, make a presentation, participate in a panel, or represent the city; (6) Items which are similarly available to all employees of the city or to the general public on the same terms and conditions; and (7) A single unsolicited ticket given to a city council member and valued at not in excess of $150.00 to attend events open to the public on behalf of the city, such as awards dinners, nonprofit organization banquets and seminars, provided that: (A) The ticket is offered only to the council member and has no resale value; and (B) The ticket is not offered by a commercial vendor who sells or wishes to sell services or products to the city; and (C) The ticket is not for a sporting event. 2-7-6 Prior Employment, Outside Employment, and Subsequent Employment. (a) Prior Employment: No person shall be disqualified from service with the city as an official or employee solely because of his or her prior employment. Officials and employees shall not take official action with respect to their former employers for a period of six months from the date of termination of the prior employment. (b) Disclosure Of Employment And Other Business Activities: All officials and employees, other than elected officials, shall report existing or proposed outside employment or other outside business interests that may affect their responsibilities to the city in writing to their appointing authorities prior to being appointed or hired. After being appointed or hired, all such people shall report any changes of employment or changes to outside business interests that may affect the person's responsibilities to the city, within thirty days after accepting the same. An employee that has received permission from the city manager may engage in outside employment or outside business interests. (c) Disclosure By City Council Members: Members of the city council shall report any change in their employment status that could give rise to a conflict of interest under this chapter. (d) Activities That Occur After Termination Of Employment Or Office: No former official or employee shall seek or obtain employment concerning matters upon which he or she took official action during his or her service with the city for six months following termination of office or employment. This provision may be waived by the city council or the city manager. (e) Participation Of Former Officials Or Employees: No former official or employee shall appear before, or participate in, a city board, commission, task force or similar body on which he or she was a member or served directly as an employee concerning any matter or on which he or she took official action during his or her service with the city for twelve months following termination of office or employment. This prohibition may be waived by the city council by 197 Page 25 of 41 appointment or vote. This prohibition shall not apply to persons who appear before the city in their capacity as an elected official following termination of their office or employment with the city. (f) Participation In Litigation After Termination: No former official shall engage in any action or litigation in which the city is involved on behalf of any other person or entity, if the action or litigation involves a matter upon which the person took official action during his or her service with the city for twelve months following termination of service with the city. 2-7-7 Employment of Relatives. (a) No official or employee shall appoint, hire, or advocate the appointment or hiring by the city any person who is his or her relative. In the event that an employee is concerned that the employee's decision to appoint, hire or advocate the appointment or hiring by the city a person who is the employee's relative may cause an appearance of violating this section, the employee may request that the city manager make such decision on the employee's behalf. Council- appointed officers may request the city council to make such an appointment or hiring decision on their behalf. (b) The city may enter into transactions with companies, corporations or other business organizations that employ a relative of a city official or employee, provided that: (1) The official or employee does not participate in the decision making that leads to hiring the company, corporation, or other business organization that employs his or her relative; or (2) The business organization is a publicly-traded corporation that provides its services or products to the city on nondiscriminatory terms justified by the market facts and circumstances of each transaction; or (3) The company, corporation, or business organization has been doing business with the city for at least one year prior to the date the city official's or employee's relative became employed by the company, corporation or other business organization, and the city official's or employee's relative is not directly employed upon matters involving the city and does not have his or her compensation tied in any manner to the success of the company, corporation, or other business organization, or its ability to obtain business or earn compensation from the city. 2-7-8 Representing Others Before the City Prohibited. (a) City Council Members Barred From Representing Others: No city council member shall appear on behalf of himself or herself, or another person, before the city council or any city board, commission, task force or similar body. A city council member may be affiliated with a firm appearing on behalf of or employed by another person concerning any transaction with the city before such a body if the council member discloses the situation and recuses himself or herself pursuant to section 2-7-10, "Disclosure and Recusal Procedure," B.R.C. 1981. (b) Board, Commission Or Task Force Members Barred From Representing Others: An appointee to a city board, commission, task force or similar body may appear or be affiliated with a firm appearing concerning any transaction with the city under the following circumstances: 198 Page 26 of 41 (1) An appointee may appear on his or her own behalf before the body of which he or she is a member to represent his or her personal interests, if the appointee discloses the situation and recuses himself or herself pursuant to section 2-7-10, "Disclosure and Recusal Procedure," B.R.C. 1981, or before the city council; (2) An appointee may appear on behalf of another person before any city body except the city council or the body of which the appointee is a member; (3) A firm with which an appointee is affiliated may not appear on behalf of or be employed by another person concerning any transaction before the body of which the appointee is a member unless the appointee discloses the situation and recuses himself or herself pursuant to Section 2- 7-10, "Disclosure and Recusal Procedure," B.R.C. 1981. (c) City Employees Barred From Representing Others: No city employee shall appear on behalf of or be employed by another person concerning any transaction with the city or before the city council or any city board, commission, task force or similar body. An employee may appear before such a body on his or her own behalf or on behalf of such employee's spouse, parent, or child. Nothing in this chapter shall be deemed to prohibit the city manager from establishing additional policies and regulations to prevent conflicts of interest between city employees and the city. (d) City Council Members And Municipal Court: No city council member who is an attorney shall appear on behalf of or be employed by another person or be affiliated with a firm appearing on behalf of or employed by another person concerning any matter before the municipal court. (e) City Employees And Municipal Court: No city employee who is an attorney shall appear on behalf of or be employed by another person or be affiliated with a firm that appears on behalf of or is employed by another person concerning any matter before the municipal court. A non- attorney employee may appear before the municipal court on his or her own behalf, and an employee other than a municipal court judge may appear on behalf of such employee's spouse, parent, or child to the extent otherwise allowed by law. This authority is intended to allow employees to assist family members in matters before the municipal court to the extent permitted by law but not to promote the unauthorized practice of law. (f) Board, Commission, Or Task Force Member And Municipal Court: An appointee to a city board, commission, task force or similar body may appear before the municipal court and may be affiliated with a firm appearing before the municipal court. (g) Consent To Sue: No city council member or appointee to any city board, commission, task force or similar body shall be a party or by himself or herself or as an affiliate of a firm appear on behalf of a party in a civil law suit in which the city is an adverse party, unless the member or appointee first obtains the consent of the city council. Ordinance No. 7517 (2007) 2-7-9 Appearances of Impropriety Discouraged. (a) These guidelines are intended to establish ethical goals and principles to help city council members, employees, and appointees to a city board, commission, task force or similar body to 199 Page 27 of 41 determine if their actions may cause an appearance of impropriety that will undermine the public's trust in local government. (b) Violations of this section shall not constitute a violation of this chapter. Compliance with this section will not constitute a defense for violation of another subsection or section of this chapter. (c) A city council member, employee, or appointee to a city board, commission, task force or similar body who determines that his or her actions may cause an appearance of impropriety should consider, but is not required to, disclose and recuse as prescribed by section 2-7-10, "Disclosure and Recusal Procedure," B.R.C. 1981, in the following circumstances: (1) If the person is an employee of a state or federal government entity with a substantial interest in any transaction with the city; (2) If the person has a close friend with a substantial interest in any transaction with the city, and the council member, appointee, or employee believes that the friendship would prevent such person from acting impartially with regard to the particular transaction; (3) If the person has an interest in any transaction with the city that is personal or private in nature that would cause a reasonable person in the community to question the objectivity of the city council member, employee, or appointee to a city board, or commission; (4) If the person is called upon to act in a quasi-judicial capacity in a decision regarding any of the situations described in paragraphs (c)(1), (c)(2), and (c)(3) of this section; or (5) If the person owns or leases real property within six hundred feet from a parcel of property that is the subject of a transaction with the city upon which he or she must make a decision, and is not required to receive official notice of a quasi-judicial action of the city. (Ordinance No. 7453 (2006)) 2-7-10 Disclosure and Recusal Procedure. (a) Disclosure And Recusal: No person with a conflict of interest pursuant to subsection 2-7- 2(a), B.R.C. 1981, and no person described in subsection 2-7-8(a) or (b), B.R.C. 1981, shall fail to give written notice of the interest described in such subsection to the city council or the city board, commission, task force or similar body of which the person is a member and the city manager as soon as reasonably possible after the interest has arisen. However, no written notice is required if such person discloses the conflict of interest on the record of a public meeting of the city council or the city board, commission, task force or similar body of which the person is a member. The interested council member, employee, or appointee shall thereafter: (1) Refrain from voting upon or otherwise acting in an official capacity in such transaction; (2) Physically absent himself or herself from the room in which a matter related to such transaction is being considered; and (3) Not discuss any matter related to such transaction with any other member of the council, board, commission, task force, or similar body of which the person is a member. (b) Recusal By The Council, Board, Commission, Task Force Or Similar Body: The city council and any city board, commission, task force or similar body may order recusal of one of its 200 Page 28 of 41 members if that member has an obligation to do so under this chapter and has failed to do so. Such an order is valid if reached after majority vote of the members of the body, not including the member whose recusal is sought, based on competent evidence. 2-7-11 Enforcement. (a) Violations Prohibited: No person shall violate the requirements of this chapter. (b) Complaints: A complaint alleging a violation of this chapter may be initiated by any of the following: (1) Complaints Initiated By The City Manager Or City Attorney: The city manager or city attorney may initiate an investigation of any city employee, other than those directly reporting to the city council, if facts are alleged to the city manager in any form that, if true, would constitute a violation of the provisions of this chapter. (2) Complaints Initiated By A Resident Or City Employee: A resident of the city or any city employee may initiate an investigation of any city council member, employee, or appointee to a city board, commission, task force or similar body by filing a sworn statement with the city clerk setting forth facts which, if true, would constitute a violation of a provision of this chapter. (3) Complaints Initiated By The City Council: The city council may initiate an investigation of any of its employees, and of any city council member or appointee to a city board, commission, task force or similar body if facts are alleged to the council that, if true, would constitute a violation of the provisions of this chapter. (c) Investigation Of A Complaint: The city manager (for city employees) or the city council (for all others) shall request the city attorney to conduct an investigation regarding a violation of this chapter. The city attorney may request that the city council appoint special counsel to investigate and prosecute any case that may cause the city attorney to have a conflict of interest or may cause an appearance of impropriety under the provisions of this chapter, or may violate any rule regarding professional responsibility. (d) Response To All Complaints Required: A public official or body, or appointee thereof, conducting an investigation pursuant to subsection (b) of this section shall prepare written findings of fact and conclusions of law in response to all complaints that shall be made available to the public upon completion of the investigation. The response may include a finding that the complaint has no merit, is frivolous, is groundless, or is brought for purposes of harassment. (e) Limitations: No action may be taken on any complaint that is filed later than twelve months after discovery of the facts supporting an allegation that a violation of this chapter occurred. 2-7-12 Sanctions and Remedies for Violation. (a) Transactions Voidable: If a transaction including but not limited to a contract or sale is consummated contrary to the provisions of subsection 2-7-2(a), B.R.C. 1981, the city council may void the transaction. 201 Page 29 of 41 (b) Removal By City Council: The city council may remove any of its employees and any member of a city board, commission, task force or similar body that it finds has willfully violated any provision of this chapter. (c) Sanction Recommendations: If the party conducting an investigation pursuant to section 2-7- 11, "Enforcement," B.R.C. 1981, finds that a city council member or an appointee to a city board, commission, task force or similar body, or employee has violated any provision of this chapter, the investigator shall provide its findings and recommendations to the city manager or city council, as appropriate, who or which in turn may take any of the following actions: (1) In the case of a city council member, a motion of censure; (2) In the case of a city employee, a motion for censure or a recommendation that the employee's appointing authority consider disciplining or discharging the employee; (3) Removal as provided in subsection (b) of this section; or (4) As an alternative or in addition to the sanctions imposed herein, the city council may resolve that any person or entity causing, inducing, or soliciting a public official or public employee to violate this chapter may not be involved in any transaction with the city, including but not limited to the award of any city contract, grant, loan or any other thing of value for a period of twelve months or that any such contract, grant, loan or thing of value be terminated, repaid or forfeited. (d) Civil Remedies: Any person affected by a city transaction may commence a civil action in the District Court in and for the County of Boulder for equitable relief to enforce the provisions of this chapter upon a showing of willful violation of any provision of this chapter. Before filing such an action, the person shall present the claim to the city attorney to investigate in accordance with subsection 2-7-11(c), B.R.C. 1981. The city attorney or appointed special council shall have sixty days to act thereon. No civil action in district court pursuant to this subsection may be commenced later than twelve months after a violation of this chapter is alleged to have occurred. (e) Criminal Sanctions: The city attorney, or special counsel authorized to act on behalf of the city attorney, acting on behalf of the people of the city, may prosecute any violation of this chapter in municipal court in the same manner that other municipal offenses are prosecuted. (f) Defense: It shall be a defense to any charge of a violation of this chapter if the city council member, employee, or appointee to a city board, commission, task force or similar body obtained an advisory opinion pursuant to section 2-7-13, "Advisory Opinions and Outside Counsel Appointment," B.R.C. 1981, and was acting in accordance with the advice provided thereby. 2-7-13 Advisory Opinions and Outside Counsel Appointment. (a) City Attorney To Provide Advisory Opinions: Any city council member, employee, or appointee to a city board, commission, task force or similar body may request an advisory opinion of the city attorney whenever a question arises as to the applicability of this chapter to a particular situation. The city attorney's advisory opinion may provide a specific defense from prosecution as set forth in section 2-7-12, "Sanctions And Remedies For Violation," B.R.C. 1981. 202 Page 30 of 41 (b) Appointment Of Outside Counsel: If a significant controversy arises under this chapter, the city attorney may appoint a neutral outside counsel to assist in resolving the issue. 2-7-14 Exemptions From Chapter. Nothing in this chapter shall be deemed to apply to a city employee or appointee to a city board, commission, task force or similar body who appears before any such body to urge action on a policy or issue of a general civic nature or to the relationship between the city council, the city, and a general improvement district. Participation in an improvement district shall not, in and of itself, constitute a conflict of interest for a city council or improvement district advisory committee decision concerning the district. 2-7-15 Definitions. "Affiliated with" means an employee, partner, agent, stockholder, joint venturer, or corporate director of any business organization or a person who shares office space with such organization. "Appear on behalf of" means to act as a witness, advocate, or expert or otherwise to support or oppose the position of another person. "Conflict of interest" shall mean any situation in which a city council member, an appointee to a city board, commission, task force or similar body, or a city employee: (a) Has a substantial interest in any transaction with the city; (b) Has a relative with a substantial interest in any transaction with the city; (c) Has a substantial interest as an affiliate of a firm with a substantial interest in any transaction with the city; (d) Has a substantial interest as an affiliate of a firm appearing on behalf of or employed by a person with a substantial interest in any transaction with the city; (e) Is an officer of an organization that has taken an official position on any transaction with the city; (f) Is on the board of directors of an organization that is substantially affected by a transaction with the city; (g) Is affiliated with a law, accounting, planning, or other professional firm that has substantial interest in any transaction with the city; or (h) Is required to receive official notice of a quasi-judicial action from the city. "Employment" means providing personal services as an employee or an independent contractor, with or without consideration. "Gift" means any payment, entertainment, subscription, forbearance, service, or any other thing of value, rendering or deposit of money, which is transferred to a donee directly or in trust for his or her benefit. "Gift" shall not include campaign contributions as permitted by law. 203 Page 31 of 41 "Official action" means any legislative, administrative, or quasi-judicial act of any public official or employee including, without limitation, participation in, or influence of, the decision- making process leading up to a vote or final determination. "Public employee" or "employee" means any person holding any paid position of employment with the city, but shall not include consultants or contractors who have independent control over their work product. "Public official" or "official" means any person holding a position with the city by election and any person holding a position as an appointee of the city council or the city manager serving on any city board, commission, task force or similar body. "Relative" means any person related to a public official or an employee by blood, marriage or adoption, through the second degree of consanguinity, including, without limitation, the following: spouse, parents, parents-in-law, children, children-in-law, brothers and sisters, brothers and sisters-in-law, grandparents, grandchildren, aunts, uncles, cousins, nephews, and nieces. A separation between spouses shall not be deemed to terminate relationships described above which exist only because of marriage. "Substantial interest" means a situation, including, without limitation, a financial stake in the outcome of a decision in which, considering all of the circumstances, would tend to influence the decision of a reasonable person faced with making the same decision. "Transaction" means a contract of any kind; any sale or lease of any interest in land, material, supplies, or services; or any granting of a development right, any planning, zoning or land use or review process that may precede granting of a development right, license, permit, or application. A transaction does not include any decision which is legislative in nature that affects the entire membership of a class or a significant segment of the community in the same manner as the affected official or employee. Adopted by Ordinance No. 4677. Amended by Ordinance Nos. 5396, 7286. Derived from Ordinance No. 3792. Repealed and reenacted by Ordinance No. 7442. 204 Page 32 of 41 II.City Attorney’s March 30,2007 Report entitled “Summary of Important Legal Responsibilities for Board Members and Commissioners March 30, 2007 CITY BOARDS AND COMMISSIONS Boulder, Colorado RE: Summary of Important Legal Responsibilities for Board Members and Commissioners Dear City Board Members and Commissioners: I would like to offer my personal thanks for your willingness to serve the Boulder community. Public service in Boulder’s form of “home rule” local government can be very rewarding. It can be challenging as well. Robust public engagement in civic affairs is an essential hallmark of Boulder. The Colorado pioneers who created home rule had a deep and abiding mistrust of distant, secretive government because of the corruption often bred in that environment. As a result, the City of Boulder conducts all of its business in the bright sunshine of public and media scrutiny. Our behavior as public officials, public employees, and board and commission appointees becomes the example by which the quality and character of Boulder's local governance is judged. I have great pride in this city’s commitment to open, ethical, and responsive government. I know you will join me in feeling a sense of stewardship for the qualities that make Boulder one of the truly great American cities. This report summarizes some important city and state laws that govern how you must conduct yourself as a Boulder board or commission appointee. These laws create rules to protect the public’s trust in local government. But they are more than rules – these laws truly define the essentials of responsive and effective local governance. 205 Page 33 of 41 This report is organized into six sections which discuss the following topics: The Basics of Colorado “Home Rule” Government Voting Rules for Boards and Commissions Boulder’s Conflict of Interest Law Sunshine Laws: Open Meetings and Open Records Special Constitutional Rules for Quasi-Judicial Hearings Rules on Removal from Board or Commission Positions A final caveat is necessary. This report is meant as a brief summary of some very complex issues. You should not treat this report as authoritative legal advice that is binding upon the city. If you have additional questions, please feel welcome to contact me or your board’s or commission’s assigned assistant city attorney for further information at (303)441-3020. Please recognize, however, that the City Attorney’s Office represents the city as a corporate entity. We are not able to represent you as an individual in a confidential attorney-client relationship. We can and do, however, provide legal advice to the Council, city staff, and boards and commissions on city business. Moreover, you are entitled to receive non-confidential individual advice from this office on conflict of interest matters that arise during your service with the city. Respectfully submitted, ARIEL PIERRE CALONNE City Attorney APC:lh cc: City Council Frank W. Bruno, City Manager 206 Page 34 of 41 1. The Basics of Colorado “Home Rule” Government. “The powerful corporate interests engaged in the exploitation of municipal franchises are securely entrenched behind a series of constitutional and legal checks on the majority which makes it extremely difficult for public opinion to exercise any effective control over them.”1 Between the Civil War and the early twentieth century, municipal governments were considered “creatures” of the state. Cities had only those few and limited powers that were granted by state legislation. During the same period, the Fourteenth Amendment – which was intended to assure Constitutional protection for freed slaves – was interpreted to extend a wide array of rights to corporations. It is perhaps not coincidental that several leading jurists of the day (and the leading municipal law scholar) were former railroad corporation lawyers.2 Powerful railroads and weak cities lead to widespread legislative corruption. In an attempt to control cutthroat and monopolistic railroad business practices, Colorado established a Railroad Commissioner in 1885. The legislature promptly failed to fund the office, and it was abolished in 1893. A three member Railroad Commission (the precursor to today’s Public Utilities Commission) was established in 1907, but didn’t begin its work until 1910 as a result of extensive railroad litigation.3 Finally, in 1904, Colorado dramatically changed the balance of power between cities and the state by giving the City of Denver “home rule” authority. Home rule powers are developed by and founded upon the will of municipal voters. The voters organize their municipal corporation around a “charter” which describes and limits the powers of the city government. Rather than being a “creature” of the state, a home rule city’s power over “local affairs” is paramount to state law. Boulder adopted its first charter in 1917. Today, Colorado home rule cities remain vigilant to protect home rule power from intrusion by the state legislature. Areas such as zoning, control of streets and wildlife, and public finance face regular 1 J. Allen Smith, LL.B., Ph.D., The Spirit of American Government, p.289 (1911); The Chautauqua Press, Chautauqua, New York. 2 In 1868, Iowa Supreme Court Justice (and former railroad lawyer) John F. Dillon authored “Dillon’s Rule.” This rule held that cities have only those powers expressly granted by the state or necessarily implied as essential to the purposes declared by the state. 3 The CoPUC website has a nicely done history at http://www.dora.state.co.us/puc/about/AboutHistory.htm 207 Page 35 of 41 challenges from interest groups which would prefer to have uniform state control. Home rule power must also be protected for the people who have vested local control in Boulder’s city government. Many of the laws discussed below are aimed at maintaining the open and ethical foundation of Boulder’s home rule powers. 2. Voting Rules for Boards and Commissions. Boulder’s general rules concerning boards and commissions are in Chapter 2-3 of the Boulder Revised Code 4. The first important rule is that three affirmative votes are required for any action of a board or commission of five members. There a few major exceptions: Four affirmative votes are required for any action of the Planning Board and for any action of the Parks and Recreation Advisory Board to dispose of park land or to appropriate funds from the Permanent Parks and Recreation Fund. If members are absent, it may be necessary to re-hear a matter so that it is possible for the entire board or commission to vote. This makes it particularly critical that board and commission members attend every meeting if possible, in order to give applicants a fair opportunity for a timely decision. Board members and commissioners are not permitted to abstain from voting. An “abstention” is a refusal to vote, despite being present and qualified to do so. Section 2-3-1(f), B.R.C. 1981 states that if a member is present but refuses to vote, the member’s vote: “Shall be recorded in the affirmative.” The only exceptions are approval of minutes of a meeting that the member did not attend or if the member was excused under Chapter 2-7-2 “Conflicts of Interest Prohibited,” B.R.C.1981, or on consideration of such member’s conduct in the business of the board or commission. The general provisions of the code, reflecting Section 130 of the Charter, provide for election of officers of each board and commission by the board or commission, minutes and summaries, taping of meetings, application of Robert’s Rules of Order, Newly Revised (1990), unless the board or commission adopts other rules of the procedure. 4 We cite references to the Boulder Revised Code as “B.R.C. 1981” which signifies that last major revision and reorganization of the code back in 1981. A searchable version of the code is available online at http://www.bouldercolorado.gov/index.php?option=com_content&task=view&id=3 30&Itemid=204 208 Page 36 of 41 3. Boulder’s Conflict of Interest Law. Conflicts of interest are prohibited in Chapter 2-7-2 B.R.C. 1981.5 Basically, the code requires public officials and employees not to participate in any decision which could affect them or a member of their immediate family financially. The law works by defining city “transactions” in which an official or employee might have a “substantial interest.” A “substantial interest” means: “. . . a situation, including, without limitation, a financial stake in the outcome of a decision in which, considering all of the circumstances, would tend to influence the decision of a reasonable person faced with making the same decision.” Section 2-7-15, B.R.C. 1981. Although the rule creates an objective standard (“reasonable person”), there is no set dollar amount that determines when a conflict arises. Thus, in interpreting the law the City Attorney’s Office evaluates all of the facts and circumstances surrounding the decision. Legal advice is only binding with respect to the facts upon which it is based. This means that board members or commissioners are required to disclose personal financial information when a conflict issue arises. This can include sources of income, investments, real estate interests, debts, and loans. While this kind of disclosure is admittedly intrusive, it is necessary for legal advice and required by the municipal code. When a conflict exists, the board or commission member must “disclose and recuse.” This is the process of publicly declaring the nature of the conflict and refraining from voting or otherwise participating in the decision making process in any manner. The process of public disclosure may be uncomfortable for some people, but it is required because it provides explicit reassurance to the community that corrupting influences are not at work. The actual code describes the “disclose and recuse” rules as follows: “a) Disclosure and Recusal: No person with a conflict of interest . . . shall fail to give written notice of the interest described in such subsection to the city council or the city board, commission, task force or similar body of which the person is a member and the city manager as soon as reasonably 5 The city is exempt from the requirements of the recently-approved initiative known as “Amendment 41,” which would be codified in a new Article XXIX of the Colorado Constitution. Section 7 of Amendment 41 states: “The requirements of this article shall not apply to home rule counties or home rule municipalities that have adopted charters, ordinances, or resolutions that address the matters covered by this article.” 209 Page 37 of 41 possible after the interest has arisen. However, no written notice is required if such person discloses the conflict of interest on the record of a public meeting of the city council or the city board, commission, task force or similar body of which the person is a member. The interested councilmember, employee, or appointee shall thereafter: (1) Refrain from voting upon or otherwise acting in an official capacity in such transaction; (2) Physically absent himself or herself from the room in which a matter related to such transaction is being considered; and (3) Not discuss any matter related to such transaction with any other member of the council, board, commission, task force, or similar body of which the person is a member.” Section 2-7- 10(a), B.R.C. 1981. If a board or commission member is unsure about whether or not a conflict of interest exists, the board or commission member is entitled to consult with a member of the City Attorney’s Office and to request an advisory opinion on the conflict of interest rules to a particular situation. Section 2-7-13, B.R.C. 1981. Complying with the City Attorney’s advice provides a defense from prosecution for violation of the code. Section 2-7-12(f), B.R.C. 1981. The city’s conflict of interest law also provides non-binding ethical guidelines to address the appearance of impropriety that could arise in some situations. While violation of these rules is not a crime, the public’s trust can be undermined if these principals are not upheld. Specifically, the code calls for voluntary recusal in the following situations: “(1) If the person is an employee of a state or federal government entity with a substantial interest in any transaction with the city; (2) If the person has a close friend with a substantial interest in any transaction with the city, and the councilmember, appointee, or employee believes that the friendship would prevent such person from acting impartially with regard to the particular transaction; (3) If the person has an interest in any transaction with the city that is personal or private in nature that would cause a reasonable person in the community to question the objectivity of the city councilmember, employee, or appointee to a city board, or commission; (4) If the person is called upon to act in a quasi-judicial capacity in a decision regarding any of the situations described in paragraphs (c)(1), (c)(2), and (c)(3) of this section; or 210 Page 38 of 41 (5) If the person owns or leases real property within six hundred linear feet from a parcel of property that is the subject of a transaction with the city upon which he or she must make a decision, and is not required to receive official notice of a quasi-judicial action of the city.” Section 2-7-9, B.R.C. 1981. 4. Sunshine Laws: Open Meetings and Open Records. Sunshine laws are the tools by which a skeptical public retains control of the government it has created.6 These laws are monikered “sunshine” because they were designed to let the sun shine into the legendary smoke-filled back rooms of government decision-making. In this context, we use the intentionally provocative term secret to make clear how the press and public view government actions that take place in private settings. Secret government decision-making is problematic for many reasons, most of which are well beyond the scope of this report. Public decisions help make sure that the voters have a clear and accurate view of the actions and values of their local elected and appointed officials. The voters cannot be expected to make wise decisions on Election Day if they cannot fully evaluate the skills and values of their elected representatives. Thus, secret decisions fundamentally undermine the democratic process. These laws also protect the public’s ability to participate meaningfully in government decision making. Sunshine laws fall into two major categories: Open meetings, and open records (or “Freedom of Information”). Boulder is highly unusual in that the charter has been interpreted to forbid any closed or executive session of the Council, or any board or commission. This demonstrates the paramount importance of open government in Boulder. Notice of Meetings is Required Section 2-3-1(b)(5), B.R.C. 1981 requires each board or commission to: “Hold all meetings open to the public, after notice of the date, time, place, and subject matter of the meeting, and provide an opportunity for public comment at the meeting.” This requires at a minimum that boards and commissions provide twenty-four hour specific notice of each meeting by posting a copy of the meeting agenda in the 6 While the rules discussed in this report are designed to protect the public’s ability to trust local government, it is important to recognize that skepticism about government is not necessarily an indicator of failure. Indeed, skepticism should be respected as it is a measure of the public’s engagement in their civic affairs. As public officials, we answer skepticism by openness, honesty, hard work, and demonstrated competence. Public trust is earned by daily dedication to these core values. 211 Page 39 of 41 lobby of the Municipal Building and electronically. Agendas for regular board and commission meeting are published in the Daily Camera as well. Avoid Private Discussions and Casual Meetings The state open meetings laws, as well as our consistent interpretation of Section 2-3-1, B.R.C. 1981, require that if three or more members of a board or commission meet at any time and discuss public business, notice must be given of such meeting, and the meeting must be open to the public. If a chance meeting occurs, such as at a social event, the members of the board or commission must not discuss public business. One-on-one communication about public business between members of a board or commission is permitted. It is important to recognize that a meeting of three or more members may not necessarily have to happen in the same time and place. In other words, a face-to-face meeting is only one way for potentially unlawful action to occur. “Serial” meetings in which decisions are made as one official garners support and commitment for certain actions from several of his or her colleagues, one-by-one, are problematic as well. State law specifies that three or more elected officials communicating by e-mail constitutes a public meeting, and all such communications are to be copied to the Hotline e-mail address. While not explicitly required by the state law, we advise similar caution for boards and commissions because a court could find such an electronic communication to constitute an illegal meeting. Use of one-on-one telephone or fax communications is a better idea, since the risk of forwarding is much less, and thus the risk of an illegal meeting can be more easily avoided. 5. Special Constitutional Rules for Quasi-Judicial Hearings. The Constitution requires certain city decision-making processes to follow court-like procedures. These procedures assure a fair and thoughtful decision that protects the individual rights involved. The procedures also assure that affected persons have notice of the potential action and an opportunity to be heard before the decision is made. These are called “quasi-judicial” hearings. A quasi-judicial hearing calls for a determination of facts based upon evidence presented during a hearing. Chapter 1-3, “Quasi- Judicial Hearings,” B.R.C. 1981, specifies all of the details of handling procedural and evidentiary issues at such hearings. Special notice requirements apply, and particular notice requirements are imposed for certain matters, such as land use and liquor license proceedings. Quasi- judicial hearings may give rise to an appeal to district court. 212 Page 40 of 41 Board members and commissioners should be aware that the city’s quasi-judicial procedures include the following requirements: Specific, mandatory rules for advance notice by mail or publication; Testimony must be taken under oath or by affirmation; Oral and documentary evidence are allowed; Cross-examination is allowed if requested; Some evidentiary rules (although less stringent than those used in court); and Written findings of fact and conclusions of law. No Ex Parte Contacts A fair hearing requires the decision to be made upon the basis of evidence that all have heard, and all have had a chance to challenge. This means that the substance of all material contacts (conversations, site visits, etc.) outside of the hearing, dealing with the subject matter of the decision, must be disclosed on the hearing record, and that an opportunity be given for comment at the hearing if the material is to be considered in any way by the board or commission. The City Attorney’s Office recommends that board and commission members avoid all such ex parte discussions outside of the hearing in order to avoid problems of disclosure under Section 1-3-6 (“Ex Parte Contacts,”) B.R.C. 1981. In the alternative, whenever an ex parte contact cannot be avoided, we recommend that careful notes be kept of any communications so that they can be disclosed in detail. We also advise that such disclosure be made whether or not the board or commission member intends to actually rely upon the communication, so that no allegation to the contrary can ever be made. Board and commission members should also avoid site visits guided by an applicant or other interested party whenever possible, to avoid any chance of improper influence on a decision. The easiest way to disclose information is to compare what was said to the written agenda materials and then to disclose anything that was said that is not contained in the agenda materials. 6. Rules on Removal from Board or Commission Positions. The Charter provisions concerning boards and commissions generally are contained in Section 130, “General Provisions Concerning Advisory Commissions.” Section 130 provides that: “The Council shall have the power to remove any commissioner for non-attendance to duties or for cause.” “Non-attendance to duties” clearly includes unexcused meeting absences, and can include other kinds of failures to attend to duties. The Council has relatively broad authority to address inappropriate conduct by board members and commissioners. 213 Page 41 of 41 The Charter contains more specific provisions dealing with specific boards. The provisions concerning the Planning Board, contained in Section 74, are slightly more detailed with regard to removal by the council for cause: “The Council shall remove any appointed member who displays lack of interest, or fails, upon due notice, and continuously for three months, to attend meetings of the board without formal leave of absence.” The provisions for the Parks and Recreation Advisory Board contained in Section 158 are similar: “The Council may remove any board member who displays lack of interest or who fails to attend board meetings for three consecutive months without formal leave of absence.” Finally, the provisions concerning the Open Space Board of Trustees are quite general. Section 173 provides only that: “Five members of the Council may remove any board member for cause.” Council has codified the absence rule at Section 2-3-1, B.R.C. 1981: Failure to attend three consecutive regularly scheduled meetings without a leave approved by a majority of the board is grounds for Council to remove a member. To summarize, any unexcused period of absence in excess of three regularly scheduled meetings can result in termination of membership on a board or commission. However, the Council retains the power to remove a board or commission member for absences of a shorter period and for causes other than absence from board or commission meetings. ◊◊◊◊◊ 214 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 TO: Parks and Recreation Advisory Board SUBJECT: Matters from the Board DATE: October 24, 2022 A.PRAB Retreat Planning: Final agenda PRAB Retreat Agenda November 7, 2022, 6:00 -8:00 pm OSMP Hub Community Room (Open Space and Mountain Parks Bldg) 2520th Street, Boulder Welcome/Icebreaker (10 minutes) •Board members and staff to briefly share about themselves and talk about their favorite Boulder park/facility and why. Discussion Item 1: How are major issues facing Boulder impacting the Department and what is/will PRAB’s role be in these issues? (30 minutes) •PRAB members are often consulted on major issues in Boulder and the intent of this item is to provide context on BPR’s role and potential PRAB involvement on two specific topics (Note: staff cannot discuss the merits/substance of the current ballot issues): o Future Development o Public Safety •Specifically, we would like to understand the impact of these issues on BRP property/facilities/budget, PRAB’s role in these issues - opportunities and limitations, and how best PRAB can be informed/kept up to speed on these issues. Team Building/Trivia Game (30 minutes) o Board members to submit information about themselves ahead of the retreat for trivia game. Discussion Item 2: How can we leverage our role to impact issues in Boulder (25 minutes) o Following up on the first discussion, we would like to spend some time discussing specific steps PRAB can take to be more active in the major issues facing the city. o Specifically, we would like to talk through what we are currently doing (annual letter to City Council, some attendance at BPR events) and what more we could be doing. o Possible questions to consider: Is there a more effective/regular way to communicate to council? Should we have goals around public events? Can we have a master calendar of city and BPR events? Should we have a liaison with City Council? How 215 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 can we work more closely with other boards on intersectional issues? How can PRAB best be informed about future events (i.e. emails, where in our agenda)? Burning Questions about Boulder Parks and Recreation (10 minutes) o Board members to submit questions ahead of the retreat for BPR staff to answer Closing Thoughts/Reflections (10 minutes) o Time for board members and staff to share thoughts/reflections on our discussions, next steps B.PRAB Matters (Verbal) 216