07.24.23 PRAB PacketAGENDA
All agenda times are approximate
I.APPROVAL OF AGENDA (2 minutes)
II.PARKS AND RECREATION MONTH DECLARATION (2 minutes)
III.FUTURE BOARD ITEMS AND TOURS (2 minutes)
IV.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.
V.CONSENT AGENDA (5 minutes)
A.Approval of Minutes from June 26, 2023
B.Parks and Recreation Planning, Design and Construction Updates
C.Parks and Recreation Operations Updates
VI.ACTION ITEMS
A.Public Hearing and Consideration of a Motion to Accept the Boulder
Parks and Recreation 2023 Historic Places Plan (15 minutes)
B.Boulder Parks and Recreation Fee Policy (30 minutes)
VII.MATTERS FROM THE DEPARTMENT
A.Urban Ranger Program Introduction (15 minutes)
B.Reimagining Civic Area: Phase 2 (30 minutes)
C.Propose August PRAB Tour – Format and Locations (15 minutes)
VIII.MATTERS FROM THE BOARD
A.PRAB Handbook discussion (10 minutes)
B.Fall Study Session meeting planning (5 minutes)
C.PRAB Matters (Verbal) (5 minutes)
IX.NEXT BOARD MEETING:
A.6:00 p.m. August 28, 2023
X.ADJOURN
Parks & Recreation Advisory Board
Hybrid Meeting
6:00 p.m., July 24, 2023
Boulder Parks & Recreation
Advisory Board Members 2023
Andrew Bernstein
Charles Brock
Elliott Hood
Anna Segur
Anita Speirs
Jason Unger
Sarah van der Star
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
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Parks and Recreation Month
July 2023 Since 1985, people in the United States have celebrated Parks and Recreation Month in July, recognizing the power of parks and recreation in building strong, vibrant and resilient communities. Here in Boulder, Parks and Recreation: Promotes health and wellness, improving the physical and mental health of our community by operating our local parks, recreation centers, and other special green spaces like the Pearl Street Mall and Boulder Reservoir; and Fosters time spent in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimer's; and Encourages physical activities by providing space for sports, swimming, walking, relaxing and many other activities designed to promote healthy lifestyles. Makes Boulder more resilient through infrastructure designed to help our community in natural disasters and to mitigate against climate change. Our local parks also foster environmental stewards who advocate for and protect our most precious public resources -our land, water, trees, open spaces and wildlife; Promotes access for all by ensuring that the people our community has said are the most important to serve can recreate -they do this through award-winning programming for people with disabilities through our EXP AND program, targeted services for youth and older adults, and programs that address financial barriers to participation. The theme for this year's Parks and Recreation Month is "Where Community Grows", recognizing the parks and recreation builds community by providing spaces for people to connect, celebrate, volunteer, partner, and play. These connections to nature and each other are more important than ever. 2
The U.S. House of Representatives and State of Colorado have designated July as Parks and Recreation Month -the Boulder City Council is delighted to join them by declaring that July is Park and Recreation Month in the City of Boulder. We appreciate the teammates across the city and our partners across the community who take care of our green spaces and provide recreation opportunities so that Boulder is a community where everyone's health and well-being are founded on unparalleled parks, facilities and programs. Aaron Brockett, Mayor
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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 Resources
Jackson Hite, Senior Manager, Business Services
Megann Lohman, Senior Manager, Recreation
Stephanie Munro, Senior Manager, Regional Facilities
Scott Schuttenberg, Deputy Director
Dennis Warrington, Senior Manager, Urban Parks
SUBJECT: Consent Agenda
DATE: July 24, 2023
A. Approval of Minutes June 26, 2023
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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: June 26, 2023
Contact Information Preparing Summary: Rosa Kougl; 303-413-7223
Board Members Present: Elliott Hood, Jason Unger, Andrew (Bernie) Bernstein, Sunny van der Star,
Anita Speirs, Anna Segur
Board Members Absent: Charles (Chuck) Brock
Staff Present: Ali Rhodes, Rosa Kougl, Scott Schuttenberg, Jackson Hite, Tina Briggs, Stacie
Hoffmann, Mark Davison, Regina Elsner, Megann Lohman, Stephanie Munro, Bryan Beary, Jonathan
Thornton
Guests Present: Kristofer Johnson, Marcy Gerwing
Type of Meeting: Regular
Agenda Item 1: Call to Order
The meeting was called to order at 6:00p.m. A quorum was present for the conduct of business. Motion
to approve agenda with an approved amendment to move Agenda Item VI before Agenda Item V. First
motion by Hood, second by Unger. The motion passed 6-0.
Agenda Item 2: Future Board Items:
Rhodes, Director of Parks and Recreation, reviewed upcoming agenda items and events.
No PRAB follow up questions or comments.
Agenda Item 3: Public participation:
• MaryAnn Briggs shared concern for tennis court availability.
• Matt Richtel shared concern for tennis court availability.
• Dewi Win shared concern for tennis court availability.
• Leonard Segel shared comments on the HIPP report and the proposed Cultural Landscape
Assessment,
• Greg Mionske shared concern for the need for multi-court facilities.
Agenda Item 4: Consent Agenda
A. Approval of Minutes from May 22, 2023, Business Meeting
Motion to approve the minutes from the May 22, 2023, Regular PRAB meeting. First motion by
Hood, second by Segur. The motion passed 6-0.
B, C, D. Updates from the Director, Project Updates, Operations & Development
• No PRAB follow up questions or comments.
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Agenda Item 5: Items for Action
A. Public Hearing and Consideration of Motions Approving the 2024 Expenditures from
the Permanent Parks and Recreation Fund and Recommending the 2024-2029 Parks and
Recreation Department Capital Improvement Program for Planning Board and City
Council approval.
Hite and Hoffmann presented this item. PRAB had the following questions/comments:
• Were the community connectors involved in the process for the park recreation activity survey?
• Is there a vision for doing more along the Boulder Creek Linear Parkway?
• Why is the South Boulder Recreation Center not on the list of Proposed Fundings?
• When will the main scoping for Pearl Street begin?
• What is the difference between the increase revenue from $28 million to $36 million over a six-
year period?
• What is the amount required for the underfunded projects list?
• Why are bathrooms and shelters not being funded at the level they need to be?
• How were the board comments and survey ranking the underfunded park priorities factored into
this process?
• It would be helpful to distinguish between under funded projects vs unfunded projects.
Public hearing opened. As there was no one who wanted to speak, the public hearing closed.
Motion to approve the 2024 recommended expenditures from the Permanent Park and Recreation Fund
to City Council for appropriation: Motion by Unger. Second by Bernstein. The motion passed 6-0.
Agenda Item 6: Matters for Discussion
A. Historic Places Plan (HiPP) Final Draft
Briggs, Johnson, and Gerwing presented this item. PRAB had the following questions/comments:
• What is the difference between individual landmark designation and a historic district?
• What are the limitations of a historic district parking lot?
• Request for a timeline and the role of PRAB so that the public understands what next steps for
this are.
B. 2024 Budget Strategy and Fee Policy
Hite presented this item. PRAB had the following questions/comments:
• How was subsidy level determined in Recreation?
• Suggest an appendix with examples of the classification of community recreation and exclusive
benefit.
• Use of the word “exclusive” could be “individual.”
• Is there a fee schedule that is readily accessible to where the fee policy lives?
• If there is a group does not agree with the designation, is there an outline process by which this
group can appeal and present data?
• Request for a communication strategy of the final rollout and benefits of the fee policy
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Motion to recommend the 2024 Parks and Recreation Operating Budget to City Council for approval
and appropriation. Motion by van der Star. Second by Bernstein. The motion passed 6-0.
Agenda Item 7: Matters from the Department
A.None
Agenda Item 8: Matters from the Board Members
a.PRAB Handbook
PRAB had the following questions or comment:
•Hood will incorporate recommendations and changes from the City’s Attorney’s Office to
the Handbook for a first reading at the July meeting.
b.PRAB liaisons to BPR Projects
PRAB had the following questions or comment:
•Continued discussions (refer to Attachment A of the minutes).
c.PRAB Matters
PRAB had the following questions or comment:
•Shout out to Summer Camps!
•Excitement shared about the golf course facility, it is a great place to direct attention and
funds for the community.
•Opening lanes at Scott Carpenter Pool for young kids has been helpful, it provides balance
for all.
•Request for Schuttenberg for an update from the conversation with Dr. Anderson of BVSD.
Agenda Item 9: Next Board Meeting
Next Board meeting: Study Session, Monday, July 24, 2023, Hybrid
Agenda Item 10: Adjourn
The meeting was adjourned at 8:41 p.m.
Approved by: Attested:
___________________ _____________________
Elliott Hood Rosa Kougl
Board Member BPR Staff
Date: ______________ Date: _________________
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2023-2024 Opportunities
Board Liaisons to BPR Projects
Park Plans
Violet Park Development, Design
through Q1-2024
Chuck Brock, Anita Speirs
Civic Area Phase II, Design through
2025
Jason Unger, maybe Chuck Brock
Boulder Creek Management Plan,
Design through (2024?)
Jason Unger
Public Private Partnerships: Q2 2023
Q2 2024
•Flatirons Golf Course
•Boulder Reservoir
Flatirons & Reservoir:
Sunny van der Star, Anita Speirs
System Plans and Initiatives
Courts System Plan, Q2 2023 - Q4 2023 Bernie Bernstein
BPR Fee Policy, Q2 2023 - Q2 2024 Elliott Hood
Recreation Centers Future, Q2 2023 -
Q3 2024
Sunny van der Star, Bernie Bernstein
Regional Facility Business Plans, Q3
2024 - Q2 2024
Jason Unger
Boulder Junction Phase II, Q2-2023-
Q4 2024
Elliott Hood selected at March 2023
meeting
PLAY Boulder**, Q2-2023 Option exists to serve as an informal
liaison or as a board member of
PLAY
Liaison: Anna Segur
Board Member: Chuck
Brock, Anita Speirs will
consider
Attachment A
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B. Parks and Recreation Planning, Design and Construction 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.
Overview of Project Status
• Planning Projects Underway: Staff or contractors continue to work on the following
projects and will update the PRAB as major milestones are achieved:
o Civic Area Reimagining – Phase 2 (design phase)
o Civic Historic District Evaluation (planning phase)
o Citywide Design the Future (planning phase)
o Courts System Plan (planning phase)
o Flatirons Golf Course (construction phase)
o HiPP (planning phase, see action item)
o North Boulder Park (design phase)
o Pleasantview (planning phase)
o Recreation Facilities Plan (planning phase)
o Violet Park (planning phase)
o
• Planning Projects in Scoping: Staff are working on scoping the following projects for
2023 and 2024 and will update the PRAB as projects get underway.
o Boulder Creek Path Plan (Delayed)
o Courts System Plan Q3 2023
o Civic Historic District Evaluation - Q4 2023
o Pearl Street Place Making – Q2 2024
o
Planning
Flatirons Golf Course Facility Update: Construction of the Flatirons Golf Course Facility is
underway. The water table in the area is higher than when it was when originally tested, so there
was a pause to incorporate a de-watering system to ensure the foundation can be properly
installed and has adequate curing time. Utility work under the parking lot began this month after
the parking lot demolition and this included expansion of construction fencing to allow for a new
stormwater pipe. Staff and contractors are working hard to minimize disruption during this
period to golf course patrons.
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Dewatering Station
Foundation Excavation Parking Lot Demolition
Court System Plan: A Request for Proposals on the Boulder Parks and Recreation 2023 Court
System Plan was released on Bidnet on July 10, 2023, with competitive proposals due back for
staff review on July 24.
The Courts System Plan will support planning analysis and evaluations for tennis and pickleball
court locations, including the amount of courts, use type for each court (shared or dedicated),
capital investment, management, and programming. The plan will provide a balanced approach
and identify priorities for the next ten years. The three primary outcomes are:
• Develop short-term actions about how the department manages and invests in BPR’s
current courts
• Inform investment on existing courts to prioritize dollars allocated to court
maintenance ($400,000/year beginning in 2024)
• Define the distribution of dedicated and shared courts across the system
• Develop a set of policies that will guide the management and programming of the
courts
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• Inform long-range investment opportunities in the BPR court system
• Identify opportunities for new courts and if so, how many, where, and what are the
needs from a use type and programming perspective
• While city funds are focusing on taking care of existing courts in the Fiscally
Constrained Scenario, identifying opportunities where additional funding would
allow for additional courts to support Action and Vision scenarios.
• Provide policy guidance on how BPR will make balanced decisions about
when/where/how philanthropy and partnerships can be explored and developed to
best serve the community
• Define if and how BPR may play a role in a potential indoor/outdoor facility
• Identify feasibility for a new courts facility
• Identify land opportunities for a new court facility including amenities such as
parking, transportation access, and restrooms
• Define Public/Private or Public/Public Partnership opportunities of a court facility
• Develop policy guidance on the concept of an indoor court facility for Boulder in
terms of the role BPR can potentially serve
The RFP requires the consultant to provide proposals for completion of the plan by the end of
2023.
Future of Recreation Centers:
As Boulders’ Recreation centers age, we are in the very early stages of identifying funding for
the investments needed to maintain these buildings and our levels of service as part of the Future
of Recreation Centers project. PRAB heard about this project as part of the Matters from the
Department at the February 2023 meeting (starts on page 24) and a brief update in the June 2023
packet (starts on page 10).
Window 1 Engagement Summary
As the first step of engagement in this project, staff engaged community members online and in
person from April to June. Staff aimed to inform and consult community members during this
window as defined in the City of Boulder Engagement Strategic Framework. Posters at the
centers, a project webpage, and many other communication methods provided information about
the project. A brief questionnaire consulted community members about their broader thoughts on
the system of recreation centers. Over 1,300 people responded to the questionnaire in total. A
summary of responses and more details about the engagement can be found in the Future of
Recreation Centers Window 1 Engagement Summary.
Next steps
Parks and Recreation staff is collaborating with Facilities to identify funding and prioritize
renovations at the Recreation Centers. Further community engagement, including updates to
PRAB, will take place as the scope and timeline of projects is determined in the fall of 2023.
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Bill Bower Interpretive Garden Donation:
The Military Officers Association of America (MOAA) submitted a proposal for the donation of
an interpretive garden in early 2023. Staff reviewed the proposal and made recommendations for
changes. Once MOAA submits a revised proposal, staff will review the revisions. If the revisions
are approved by staff, a community engagement plan will be developed and facilitated by staff.
The project will be scheduled and incorporated into staff work plan once approved by staff and
the community.
C. Parks and Recreation Operations Update
Flatirons Golf Course Hospitality Partnership
The City of Boulder Parks & Recreation Department with assistance from The Colorado Group,
Inc., posted a Request for Proposals (RFP) for interested and qualified food and beverage entities to
operate a long-term leased space at the municipal 18-hole 166-acre Flatirons Golf Course.
This opportunity will provide for the operation of a full-service restaurant and bar indoor/outdoor
venue with majestic Flatirons Mountain views and fostering a community-focused place to
gather, for food, beverage, golf, and providing private and special events occurring on the
property. Requests for proposals were due on June 30, 2023.
The Parks and Recreation Department received five proposals that are being reviewed. Vendor
selection and associated agreement will be reviewed with the PRAB during the August meeting
as a discussion item and again in September as an action item.
SELECTION SCHEDULE
Request for Proposals (RFP) Post April 3, 2023
Deadline for questions from respondent May 1, 2023
Response to questions May 15, 2023
Proposal Responses Due June 30, 2023
Finalists Identified July 17, 2023
Interviews August 1, 2023
Vendor selection August 1, 2023
Lease Negotiations / Completion September 15, 2023
Contract approval process through the board and city council
September 1, 2023-November 1, 2023
Contract Completion (signed and routed)
Liquor License
December 1, 2023-
February 28, 2024
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Vendor Partner hiring, set-up, etc. March 1, 2024-April
30, 2024
Grand Opening May 1, 2024
Forestry Operations
On Thursday, June 22 an Enhanced Fujita scale (EF) EF-1 tornado touched down in Highlands
Ranch, Colorado. Based on damages surveyed after the tornado an EF-1 tornado produces 3
second wind gusts between 86 and 110 mph. The EF scale ranges from EF-0 (65-85 mph gusts)
to EF-5 (exceeding 200 mph gusts). The tornado in Highlands Ranch was on the ground for 6.3
miles. In addition to the destruction caused to structures, an estimated 16,000 trees were
damaged. On Friday, June 23, Boulder Forestry received a request for mutual aid to support the
Highlands Ranch Metropolitan District in addressing immediate health, life, and safety concerns
related to damaged trees on public property.
Starting on Monday, June 26, three members of the Forestry team traveled to Highlands Ranch
to support emergency operations. This team was directly responsible for removing broken and
hanging branches and downed trees along Highlands Ranch Boulevard, directly over the
sidewalk and bike path. They also removed down trees in Diamond K Park, as well as pruned
trees throughout Big Dry Park. The team supported Highlands Ranch throughout the week,
returning to their normal operations for the City of Boulder on Monday, July 3.
The follow note of appreciation was shared from Highlands Ranch Metro District’s Director of
Parks, Recreation and Open Space, Tammy Tucker:
“Your team was fantastic to work with and it was our pleasure to have each of them here
with us. They made steady progress along one of our most impacted parkways, work we
could not have tackled in a timely manner without their assistance. In true Boulder
fashion, they showed up and supported, representing the City of Boulder well!”
This was an opportunity to support fellow local governments who have come to Boulder’s aid in
the past. For example, in 2013 other Front Range communities sent crews to Boulder to assist in
surveying and identifying the extent of Emerald Ash Borer infestation.
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Wonderland Lake Park Encroachments
In January, Boulder Parks & Recreation (BPR) contracted a professional surveyor to identify
private property encroachments onto city property around Wonderland Lake Park. Their findings
are complete and soon, BPR will be notifying property owners of encroachment issues. The
intent of this item is to provide PRAB background information on this project and process.
The land that is today the park was dedicated to the city specifically for parkland when the area
was being developed. The parkland was dedicated for the enjoyment and benefit of the public.
Private uses of the park, such as storing personal property, installing landscaping, or extending
fences or mowing, threaten that public enjoyment and benefit. The project is a result of a noted
increase in quantity and size of encroachments onto city property around Wonderland Lake Park.
The area of evaluation is outlined in Figure 1.
Figure 1: Property lines of evaluation area.
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BPR staff are leading this with a holistic approach that identifies encroachments and seeks to
remedy those encroachments consistently and fairly, rather than handling each encroachment
individually.
Adjacent neighbors were notified of the field work via mailers sent to each property address in
January. Field work was completed by the professional surveyor through April with a project
report provided to the city in May. Overall, 52 encroachments were documented within the
evaluation area. The encroachments vary in size and scope. Examples include small
misalignments of fences to large permanent encroachments such as structures or landscaping.
The estimated level of accuracy of the encroachment documentation is between 4 inches and 6
inches.
Removal of smaller or more temporary encroachments will be requested within 30 or 90 days,
depending on the type of encroachment. Some encroachments, specifically plantings, will
become city property to manage in the future, up to and including removal. Vegetation
management, such as mowing, will be requested to stop immediately pursuant to BRC 6-6-4:
Planting in Public Areas or 6-6-6: Protection of Trees and Plants. If the property owner does not
comply with the initial request, second notices will be provided prior to issuing municipal
summons for violation of the Boulder Revised Code.
BPR staff will work with City Attorney’s Office to contact property owners with permanent
encroachments, such as fencing, to determine appropriate remedies. Remedies may include
temporary revocable licenses or permanent easements, for which the property owner would have
to pay the city for the right to use the public property. These types of remedies will only be
available in specific and unique instances where removal of the encroachment would cause an
undue burden.
In addition to individual contact to property owners with encroachments, staff will be conducting
outreach with neighboring HOAs to notify them of the next steps and provide education to their
homeowners on acceptable and unacceptable uses of public property.
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C I T Y O F B O U L D E R
PARKS AND RECREATION ADVISORY BOARD AGENDA ITEM
MEETING DATE: July 24, 2023
AGENDA TITLE: Public Hearing and Consideration of a Motion to Accept the Boulder
Parks and Recreation 2023 Historic Places Plan
PRESENTERS:
Alison Rhodes, Director
Mark Davison, Senior Planning Manager
Tina Briggs, Senior Landscape Architect
EXECUTIVE SUMMARY:
This memo provides information for the Parks and Recreation Advisory Board’s (PRAB)
regarding the request for acceptance of the Boulder Parks and Recreation 2023 Historic Places
Plan (HiPP). The HiPP is a preservation planning document that will assist the city and BPR
in proactively managing the department's historic resources. The HiPP provides baseline
documentation, historic context and significance statements, and reconnaissance-level
assessments for each resource. The HiPP provides guidance for recommended treatments for the
long-term care and stewardship of each resource and identifies top priorities for repair or
stabilization. The HiPP provides the base for BPR's on-going investment in these resources and
will be used in development of the department's annual Capital Improvement Plan.
BACKGROUND:
The City of Boulder Parks and Recreation Department (BPR) owns and manages twelve
historically significant resources. They include five structures, three historic districts, one
archaeological resource, and three rolling stock. These resources include a National Historic
Landmark (NHL), three listed in the National Register of Historic Places (NRHP), two listed in
the State Register of Historic Places (SRHP), and nine local Boulder landmarks.
•Historic Structures: Glen Huntington Bandshell, Harbeck-Bergheim House, Boulder Fire
Station No. 02, Roney Farmhouse, and Platt Farmhouse;
•Historic Districts: Chautauqua Park (Colorado Chautauqua NHL), Pearl Street Mall, and
Columbia Cemetery;
•Archaeological Resource: Boyd Smelter/Mill Site;
•Rolling Stock / Railroad Resources: Colorado & Northwestern Railroad Locomotive No.
30 and its tender, Denver & Rio Grande Western Railroad Caboose No. 04990, and
Denver & Rio Grande Western Railroad Coach No. 280.
Each resource is documented at a similar level with some variation based on scope and resource
type, e.g., architectural and structural assessments and treatment actions are provided for the five
structures. Landscape assessments are provided for the historic districts, along with structural
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assessments for select structures and features within each district. An architectural inventory
form is included for Roney Farmhouse and a cultural resource inventory is provided for Boyd
Smelter / Mill Site. Each resource is presented as an independent section. The exception is the
Railroad Resources section in which the three rolling stock are presented in one combined
section.
Rehabilitation, which emphasizes repair and protection and allows new additions, is the selected
treatment approach for all historic structures and for the historic districts of Chautauqua Park and
Pearl Street Mall. Preservation, which allows for code upgrades and emphasizes resource
protection, is the selected treatment approach for the Railroad Resources and Columbia
Cemetery.
The HiPP as developed under the guidance of BPR staff with input from stakeholders and the
community. The HiPP was paid for in part by a History Colorado State Historical Fund (SHF)
grant, who also provided review and oversight.
Goals of the Project
Project objectives, developed in collaboration with BPR staff, and in consultation with SHF staff,
guide the development of the HiPP.
•Identify, review, and assess current and previous documentation;
•Assess condition, analyze integrity, and identify character-defining features for each
structure and contributing features for each landscape using readily available data and
reconnaissance level review;
•Provide treatment guidance and recommendations resource based on assessments and
input from city staff, stakeholders, and the community;
•Identify top priorities for treatment to assist city staff in identifying funding and
management strategies, and in identifying opportunities for community involvement,
programming, and education.
ANALYSIS:
The HiPP is a preservation planning document that follows a consistent methodology for each
resource to provide a comprehensive overview of BPR's historic resources and approaches
needed for their preservation and stewardship. The HiPP was prepared by an interdisciplinary
team of historic preservation specialists, archaeologists, structural engineers, historic architects
and historic landscape architects, all of whom are versed in the Secretary of Interior Standards.
The HiPP is informed by work sessions and collaboration with city staff, review and oversight by
SHF staff in accordance with the SHF funding, and by following accepted preservation
standards.
The HiPP was developed through a collaborative planning process involving city staff, History
Colorado's State Historical Fund (SHF) staff, multiple stakeholders, and the Boulder community.
The community outreach process included eight (8) stakeholder workshops and discussions, (2)
public open houses, and community events. Community events included surveys and a scavenger
hunt. This outreach process and community involvement was fundamental in informing the
HiPP's assessments and in guiding treatment recommendations.
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The HiPP was prepared using a consistent approach to research, assessment and treatment
recommendations for all resources. It was based on using previously completed documentation
and conducting limited field reconnaissance. Readily available data was provided by the city and
repositories that included state and national register nominations, and the state's archeological
record. Data included historic resource studies, inventory forms, nominations and listings in the
state and national register, and designations as city landmarks. A determination of eligibility for
listing in the State or National Register of Historic Places is not included. Where a resource is
listed or has been deemed eligible or ineligible for listing, this is included and used to evaluate
integrity. Analysis of integrity was evaluated according to The Secretary of the Interior’s seven
aspects of integrity. Accessibility was assessed in accordance with ADA.
Treatment guidance is provided for each historic resource, identifying where repair is needed to
reveal historic features, retain character, and maintain integrity. Treatment recommendations are
guided by The Secretary of the Interior’s Standards for Treatment of Historic Properties with
Guidelines for the Treatment of Cultural Landscapes and The Secretary of the Interior’s
Standards for Rehabilitation. All future work shall be in accordance with these standards and
accomplished by using accepted preservation methods detailed by the National Park Service and
Chapter 9-11 (Historic Preservation) of the Boulder Revised Municipal Code. All work shall be
in accordance with the City of Boulder General Guidelines for Historic Districts and Individual
Landmarks.
The culmination of information provided the support required to develop the top priorities for
future capital investment in each property. The HiPP document, specifically the top maintenance
priorities, will inform the department’s Capital Improvement Strategy.
The recommended top priorities meet the following criteria:
•impact for safety / stabilization
•threat of loss of integrity
•poor condition
•potential impact due to enhancement
•critical path / adjacency to other planned work
•or relevancy to other current plans
These priorities do not diminish the necessity to complete other minor treatments to protect the
structure over the long term, but rather highlight the current highest capital priorities. The list of
top priorities will require a multi-year plan for all resources and exist among other BPR
priorities.
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STAFF RECOMMENDATION:
Suggested Motion Language:
Staff requests the PRAB’s consideration of this matter and action in the from of the following
motion:
Motion to Accept the Boulder Parks and Recreation 2023 Historic Places Plan with the exception
of the Glen Huntington Bandshell chapter, which will be submitted as an amendment to
document for acceptance at a later meeting.
NEXT STEPS:
Top priorities will be reviewed, further prioritized within the greater BPR system, cost estimates
developed, and then project plans will be developed as funding is available. The priorities will be
incorporated into the 2024-2029 Capital Improvement Strategy.
The Cultural Landscape Assessment of Central Park (CLA) will be complete in
September/October of 2023. With the assessment providing a greater level of detail than the
scope for the HiPP, staff will be able to incorporate new findings into the final chapter Bandshell
chapter including treatment recommendations. Staff will share the Glen Huntington Bandshell
chapter amendment to the HiPP with the community and PRAB to finalize the submission to
SHF for grant reimbursement.
The HiPP is a living document that can be continually edited and updated. In the case of the
HiPP, staff will need to update, add to, and/or correct the document as new information comes to
light. For example, staff will update the condition assessment and top priorities for maintenance
as capital projects are funded and completed.
LINK: https://bouldercolorado.gov/projects/historic-places-plan
21
C I T Y O F B O U L D E R
PARKS AND RECREATION ADVISORY BOARD AGENDA ITEM
MEETING DATE: July 24, 2023
AGENDA TITLE: Boulder Parks and Recreation Fee Policy
PRESENTERS:
Alison Rhodes, Director of Parks and Recreation
Scott Schuttenberg, Deputy Director
Jackson Hite, Senior Manager, Business Services
Stacie Hoffmann, Senior Budget Analyst
Maxen Jones, Database Administrator II (ActiveNet System)
Chris Passarelli, Data Analyst
Bryan Beary, Senior Manager, Community Building and Partnerships
Mark Davison, Senior Manager, Planning
Regina Elsner, Senior Manager, Natural Resources
Megann Lohman, Senior Manager, Recreation
Stephanie Munro, Senior Manager, Regional Facilities
Dennis Warrington, Senior Manager, Urban Parks
EXECUTIVE SUMMARY:
This item continues the Parks and Recreation Advisory Board (PRAB) discussion related
to the Parks and Recreation Department (the department) Fee Policy. The Fee Policy was
developed in alignment with the 2024 operating budget and has included multiple rounds
of engagement with staff, the PRAB, City Council and Community Connectors in
Residence. BPR is asking for the PRAB to approve the Fee Policy. The Fee Policy will
inform all BPR fees and charges moving forward. Later this year, staff will share a 2024
Fee Schedule so that the board can provide input on any significant fee changes...
BACKGROUND:
The department has worked with the PRAB on the 2024 budget submission and the Fee
Policy since the start of spring. The board’s input on the Fee Policy has informed the
final draft in Attachment A that will be considered for approval.
At the March 20, 2023 meeting, staff introduced the 2024 Budget Strategy Roadmap and
Fee Policy. The background information shared that that meeting included:
1.BPR’s Diverse Funding Sources
2.2024 Budget Strategy and Analysis
3.General Fund Subsidy Use
4.Program Types with set Policy
5.Program Types without a set Policy
22
At the April 4, 2023 study session, staff provided background on the Fee Policy and
introduced the Capital Investment Strategy. The PRAB provided feedback on:
1.Program Types
2. Program Category Benefit Levels
3. Proposed Cost Recovery Targets
4.General Fund Subsidy Level
At the April 24, 2023 PRAB meeting, staff continued to refine the structure of the Fee
Policy. The background information included:
1.A finalized list of Program Types and Category Benefit Levels
2.PRAB input on proposed Cost Recovery Targets
3.General Fund Subsidy Level
At the May 11, 2023 City Council Study Session, staff provided a brief overview of the
Fee Policy as part of a broader item related to the Financial Update for the City of
Boulder and 2024 city budget development. Council provided input on 2024 budget
development assumptions and guidelines, including that flexibility within dedicated funds
will be explored to ease the burden on the General Fund, and staff will foster other
revenue strategies such as those included in the Parks and Recreation Fee Policy. The
City Council focused many of its questions and feedback on the citywide financial
update, including 2024’s key budget assumptions.
At the May 22, 2023 PRAB meeting, staff provided a brief update on the pending Fee
Policy, including:
1.City Council’s questions and feedback on the Fee Policy
2.Next steps associated with the Fee Policy
On June 9, 2023, staff presented the Fee Policy to the Community Connectors in
Residence to gather their feedback on the proposed structure and content. The department
asked the Community Connectors three questions:
1.What impact, positive or negative, do you see the Fee Policy having in your
community?
2.What perspectives or lived experience may share further depth to staff’s
considerations of the Fee Policy (and potentially secondary impacts to the
financial assistance and PLAY Pass programs)?
3.Are there any other thoughts or recommendations for staff around the creation and
implementation of a Fee Policy?
The Community Connectors’ feedback highlighted the need to pursue additional funding
and grants so that the age, residency, and income-based subsidies are sustainably
available for those that rely on them. Maintaining financial support for subsidized access
was identified as a top priority, aligning with policy in the 2022 BPR Plan, input from the
PRAB and City Council, and the objectives of the Fee Policy. Additional input prioritized
increasing subsidy to offset any fee increases, pursuing cooperative agreements with the
Boulder Valley School District and ensuring that the Financial Aid application process is
23
streamlined and dignified. Staff are committed to lifting up disadvantaged communities
and preserving and reducing barriers to enhance the support available to them.
At the June 26, 2023 PRAB meeting, staff provided an update on the proposed 2024
operating and CIP budgets and presented the draft Fee Policy. At the meeting, the PRAB:
1.Approved the 2024 recommended expenditures ($3,000,000) from the Permanent
Park and Recreation Fund to City Council for appropriation.
2.Recommended the 2024-2029 Parks and Recreation Department Capital
Improvement Program (CIP) to Planning Board and City Council for approval
and appropriation.
3.Recommended the 2024 Parks and Recreation Operating Budget to City Council
for approval and appropriation.
4.Provided input on the Draft Fee Policy
The PRAB’s input throughout the budget development process and creation of a Fee
Policy has been critical to ensuring the department’s budget and policies align with
community priorities and values and the 2022 BPR Plan. The final Fee Policy is being
shared with the PRAB to get the final acceptance of the Fee Policy.
Fee Policy:
The PRAB has provided guidance throughout development of the Boulder Parks and
Recreation Fee Policy (Attachment A). The Fee Policy formalizes the purpose, provides
background on department funding, defines terms used by the department, and structures
policies and procedures to balance community benefit and cost recovery. The policy
includes a table that identifies the program types, associated community benefit level,
cost recovery targets, program definitions, and examples of services in each type.
Staff have made amendments to the Draft Fee Policy that the PRAB reviewed in June.
Amendments have been made based on both PRAB and staff feedback and are tracked in
Attachment B - Red line changes from June’s Draft Fee Policy. The key changes
include:
Changing the word “Exclusive” to “Individual” to reflect that the individual
benefits more than the general community and as compared to other programs in
the Community and Recreation categories. Based on 2022 BPR Plan guidance,
user fees should support programs where the individual benefits and fees may be
charged in excess of cost to provide funding for community benefit programming.
Adding clarification that Market Analysis for local agencies may also include
private businesses and non-profit organizations in addition to the listed
benchmark communities.
Adding clarification that BPR’s Fee Policy is not intended to rely on subsidy to
undercut the market. BPR values the many service providers across the
community that provide access to recreation and encourages these organizations
to continue to do so for programs that are either exclusive in nature or are outside
BPR’s staffing and facility capacity.
24
Providing consistent cost recovery targets without an upper limit to allow BPR to
implement fees that the market supports.
Adding the “Commercial Use” program type which was inadvertently left off the
June Draft Fee Policy
Minor clean up and clarification throughout the document.
PRAB had provided additional feedback on the Draft Fee Policy that will be addressed in
the future but is not included in this proposed BPR Fee Policy. The area of feedback and
how that will be addressed is outlined below:
Fee Schedule: BPR is preparing a Fee Schedule that will be brought back later
this year for consideration by the PRAB. In order to develop the Fee Schedule,
staff wanted the program types, community benefit level, cost recovery targets,
and definitions finalized by the PRAB. The Fee Schedule will include a simplified
list of fees for all types of services to provide clarity and transparency to the
public and users of these services. More information on the Fee Schedule is
included in the “Next Steps” below.
Appendix of Program Types: Staff believes the examples of services included is
sufficient to provide examples of various types of services and activities that are
applicable to each program type. As mentioned, this list is not all-inclusive
knowing the breadth of services offered and that services change over time.
Appeal process: Rather than creating a formal appeal process, the Fee Policy will
include standardized discounts available for users that align with the
Department’s mission and goals identified in the 2022 BPR Plan. For example,
discounts will be available for organizations that support access for youth,
seniors, and people with disabilities, and those that provide financial assistance.
In parallel to the development of the Fee Policy, staff are reviewing and costing existing
programs to identify current cost recovery rates. Over the next several months, staff will
identify any program areas that would have a recommended fee increase to achieve the
cost recovery targets identified in the Fee Policy. In order to remain equitable and
accessible, BPR does not plan to implement a cost increase greater than 10% for any
Community or Recreation category programs in a given year. If programs are
significantly below market rate or cost recovery targets, the department hopes to phase in
increases to achieve those goals over several years if feasible. Programs where this is not
feasible may be discontinued. Individual programs may see greater annual increases to
ensure they are not unintentionally subsidized. Once fees have been adjusted, staff
intends to revisit the Fee Policy every two (2) years to reassess the categories, cost
recovery targets and examples of programs.
NEXT STEPS:
Fee Policy Adoption: The Fee Policy will be presented to City Council to be approved
with the adoption of the 2024 budget in October 2023. All new fees would take effect on
January 1, 2024.
25
Fee Schedule: The department is currently developing a Fee Schedule that would be
brought back to the PRAB in September. This document will provide a simplified and
standardized menu of fees so that the public and staff alike have greater transparency on
pricing throughout the system. In developing the Fee Schedule, the department is
classifying and cleaning all existing fees to align with the categorization established in
the Fee Policy, direction received from the PRAB, and cost recovery levels and targets. It
is expected that the Fee Schedule would be approved by PRAB and then published
pursuant to the City Manager Rule on Parks and Recreation Fees. All fees would be
implemented beginning on January 1, 2024.
Recreation Services Fees: Recreation Services Fees are typically adjusted each quarter in
advance of program registration. Program Service Fees are updated based on the
Recreation Priority Index and Service Delivery Model. These fees are published prior to
each session and would continue to follow that cadence.
Communications & Engagement: Staff understand that there can be concerns when
potential fee increases are proposed. BPR plans to start providing communication on
proposed fee changes that will take effect on January 1, 2024 as soon as the 2024 budget
is accepted. BPR intends to conduct an extensive communications and engagement
campaign including a dedicated web page, regular communications through emails,
updates in the recreation program guide, and signage at all recreation facilities.
STAFF RECOMMENDATION:
Staff recommends that PRAB approve the Boulder Parks and Recreation Fee Policy.
Suggested Motion Language:
Staff requests the PRAB’s consideration of this matter and action in the form of the
following motion:
Motion to Accept the Boulder Parks and Recreation Fee Policy.
Attachment A: Boulder Parks and Recreation Fee Policy
Attachment B: Red line changes from June’s Draft Fee Policy
26
Policy Title Boulder Parks & Recreation Fee Policy
Administrative Policy
Number
05-02
Effective Date July 24, 2023
Last Amended N/A
Review Cycle Every 2 years
Inactive/Repealed N/A
Primary Audience BPR Staff and Supervisors with Fee Based programs
Policy Sponsor Jackson Hite, Parks and Recreation Sr. Manager – Business
Services
Director Approval Alison Rhodes, Parks and Recreation Director
Related Policies
Included Procedures,
Workflows, or other
materials
I.Purpose of Policy:
The purpose of the fee policy is to establish clear and consistent guidance for how fees are set
and subsidies are awarded. In establishing a fee policy, BPR intends to create a standard
approach for all fees collected, develop transparent fee categories and definitions of the types of
access or programs which are subject to various fees, and create clear cost recovery targets. In
determining the subsidy levels, BPR will provide subsidies based on the level of funding
available and the level of community benefit each program provides.
II. Background:
The City of Boulder Parks and Recreation Department promotes the health and well-being of
the entire Boulder community by collaboratively providing high quality parks, facilities and
programs.
BPR operates from five primary funds. These funds are the Recreational Activity Fund (RAF),
.25 Cent Sales Tax Fund (.25ST), General Fund, Permanent Park and Recreation Fund, and
Lottery Fund.
Recreation Activity Fund: A special revenue/quasi-enterprise fund that is specific to the Parks
and Recreation Department. The fund is the primary funding mechanism used to support
recreation centers and facilities and subsidize fees for services related to the provision of
recreation, reservoir and golf course services/programs that do not cover all their direct costs.
This fund is supported through user and participation fees, grants and donations, and an annual
subsidy transfer from the General Fund.
.25 Cent Sales Tax Fund: A special revenue fund that is specific to the Parks and Recreation
Department. The fund is primarily supported through a designated sales tax that was approved
by voters in 1995. In 2013 voters renewed the sales tax through 2035, with 85% of votes
supporting the tax. The fund supports multiple aspects of the department, including operations
and maintenance, administrative support services, renovation and refurbishment, and capital
improvements.
Attachment A: Boulder Parks and Recreation Fee Policy
27
General Fund: The city’s largest fund that serves as the primary funding source for most
governmental services. BPR uses its portion for park operations, forestry and department
administration. The general fund is mostly supported through a blend of taxes, permits, fees,
and intergovernmental transfers. As a result of the fund’s heavy reliance on tax revenue and
pressure from other departments, the fund’s revenues, and ability to contribute to the
department’s budget can fluctuate, although it has been relatively stable over the years.
Permanent Park and Recreation Fund: A fund specific to the Parks and Recreation
department, this source of funding is permanent according to the City of Boulder’s charter and is
supported through earmarked property taxes, with the Parks and Recreation Department
receiving $0.01 for every dollar of property tax collected by Boulder County. These funds are
limited to the acquisition or permanent improvement of parkland, renovations, and refurbishment
of recreation facilities, and is a source of funds for capital improvements.
Lottery Fund: A special revenue fund that accounts for State Conversation Trust proceeds that
are distributed to municipalities on a per capita basis. Money from the Lottery Fund must be
used only for the acquisition, development, and maintenance of new conservation sites or for
capital improvements or maintenance for recreational purposes on any public site.
III. Definitions:
Residency:
Resident: any individual who lives at an address located within the City of Boulder
service area.
Non-Resident: any individual who lives outside of the City of Boulder.
Resident/Worker: individuals who live or work in the City of Boulder are eligible for
Resident/Worker rates for facility entry. Resident or non-resident status applies for all
other types of programs.
Age Based Fee Groupings:
Youth: participants between 3 and 18 years old.
Adult: participants between 19 and 59 years old.
Senior: participants who are over the age of 60.
Household: any adults, seniors or youth residing at the same address. Proof of address
is required and no more than 8 members aged 19 or older.
Costing Definitions:
Cost Recovery: the collection of revenue to pay for the direct and/or indirect costs of
providing a service or program. The level of cost recovery will vary based upon the
Attachment A: Boulder Parks and Recreation Fee Policy
28
service, type of program, program category benefit level, targeted skill level, market
costs and other factors.
Direct Costs: The costs directly related or attributed to providing a specific service.
Direct costs include staff time, materials and supplies directly related to providing the
service.
Indirect Costs: Costs incurred across the department that are not directly attributed to a
specific service but benefit the department as a whole. Indirect costs typically include
marketing expenses, software, utilities, space allocation, and management staff that
support a variety of services or programs.
Market Analysis: A point-in-time analysis or survey of prices charged by other
agencies, public and private for a similar service. Market Analysis is typically limited to
benchmark communities, local private business and non-profit organizations.
Subsidy: Funding provided by the city to offset the costs of a service to support a higher
level of community benefit. Based upon community input, subsidies are typically
awarded to programs that support low-income residents, people with disabilities, older
adults and youth.
Discounts: Discounts may be provided associated with marketing and/or volume-based
discounting to provide benefits to participants who are regularly using a service or
program.
Program Benefit Categories:
Attachment A: Boulder Parks and Recreation Fee Policy
29
Community: Services that enhance the health, safety and livability of the community
and therefore require minimal obstacles to participation.
Recreation: Services that benefit a broad range of users and are targeted to promote
physical and mental well-being.
Individual: Services targeted to specific individuals or user groups with limited
community benefit.
IV.Policy:
The Department of Parks and Recreation’s Fee Policy represents a standardized approach to
program categorization and definitions, while aligning a clear subsidy level based on the level of
community benefit provided. Fees are an efficient and equitable way to distribute the costs
associated with providing services that exceed the ability of the tax base to support the costs.
This comprehensive policy will promote community understanding with clear fee practices and
financial sustainability. This Fee Policy was developed through the documentation of previous
policy guidance from the Parks and Recreation Advisory Board, includes guidance received
from the 2022 Parks and Recreation Plan, along with significant input from the Parks and
Recreation Advisory Board, Community Connectors in Residence and City Council. This Fee
Policy identifies and informs the program types and a consistent method to assign services to
those types and includes the appropriate benefit level of subsidy and cost recovery target that
should be achieved. Tax subsidy provided each year from the General Fund and/or other
sources such as .25 Cent Sales Tax Fund should be allocated in a way that supports the cost
recovery targets based on available funding, which then directs the corresponding pricing
strategy each year.
The concept of cost recovery involves setting fees based on the total cost of providing the
service and factors in the program category benefit level so that the total funding received
(Taxes and User Fees) equals the total cost of providing a particular service. This is critical to
the financial sustainability of public parks and recreation.
V.Procedure:
The department will review fees and charges for all programs and services along with cost
recovery performance at least every two years as part of the annual citywide budget
development process. Once the cost to provide services is analyzed, each service area will
review cost recovery performance compared to stated goals within the Fee Policy. Total cost of
service as well as the department’s Service Delivery Model, market analysis, and feedback from
staff and participants, will inform any recommendations to the Department Director to update
fees.
The Department’s pricing strategy is based on several considerations:
•Level of Community Benefit
•Supply and Demand
•Market Comparisons
•Residency/Non-residency priority
•Age-based prioritization with an emphasis on youth and seniors
Attachment A: Boulder Parks and Recreation Fee Policy
30
•Accessibility and health promotion
•Value of Program (availability of alternative providers, quality of program)
•Cost recovery philosophy
•Availability of subsidy to support age-based discount, community benefit recreation and
financial aid.
Each activity will be sorted into a program type. Each program type will have a minimum cost
recovery rate and a target cost recovery rate. Programs that are being introduced will likely be
at the minimum cost recovery rate; over the lifecycle of the program, the goal will be to achieve
the target cost recovery rate. While setting rates, staff must evaluate market rates and demand
for the activity to determine price sensitivity for any proposed price adjustments. If the price is
too high and/or there is little demand for the program, staff must consider the feasibility of
reducing costs, reducing fees or propose the elimination of the program. To minimize impacts to
participants, fee increases may be limited to 10% in a year for any community or recreation level
programs. Fee increases may be phased in over a 2-to-3-year period to minimize impacts to
participants.
When establishing fees, BPR will support fees that the market will bear, even if this exceeds the
cost recovery targets. Additionally, BPR will not undercut the market as it is not a good use of
subsidy and jeopardizes the overall health of the market. Programs with high demand should
also evaluate fee increases to improve cost recovery. Both tactics will allow the department to
reinvest in other program areas with lower cost-recovery goals, in turn allowing the department
to reduce the reliance on tax subsidy and reinvest in priority programs. During future updates to
the Fee Policy, BPR will adjust the cost recovery targets accordingly based on actual
performance.
To ensure there is equitable access for populations the community has prioritized, the
department will continue to subsidize access for low-income individuals, people with disabilities,
youth and seniors. The department is committed to maintaining financial aid programs to
qualifying Boulder residents, providing subsidized access to facilities and programs, as funding
allows.
All fee updates will be reviewed annually by the Parks and Recreation Advisory Board and for
consideration by City Council with the adoption of the operating budget each year. The City
Manager shall give notice regarding changes in fees by filing a schedule of fees with the City
Clerk and displaying the changed fees on the City’s website. Increases shall not take effect until
at least two weeks have passed since notice was given. Fees shall be in effect as of the
effective date specified in the schedule.
Fees may be temporarily discounted or reduced through special promotional pricing as warranted.
The City Manager may reduce fees from time to time as market conditions warrant, and may also
raise them again, so long as the fee never exceeds that specified in the fee schedule.
Attachment A: Boulder Parks and Recreation Fee Policy
31
Below are the program types with associated category benefit level and cost recovery target
goals, definitions and examples of activities. These are examples of various types: they are not
all-inclusive lists and program offerings change over time.
Program
Type
Program
Category
Benefit
Level
Cost
Recovery
Program Definition Examples of
Services Included
Open Access Community 0% Access to parks, park
amenities, pathways and
natural areas. Open
access allows for self-
directed activity and does
not include supervision
or oversight by staff.
Pocket,
neighborhood, and
community parks,
skateparks,
playgrounds, multi-
use paths, non-
reserved outdoor
courts, dog-parks
Grants,
Philanthropy
& Donations
Community Grants, philanthropy and
donations which further
the mission of the
department by providing
outside funding for a
specific focus which
increases access and/or
removes barriers to
participation
Health Equity Funds,
Grants, Memorial
Benches, Tree
Donations, Project
Specific Donations
Special
Events
Community 10%+ Large-scale events that
appeal to a broad portion
of the community.
Snow Much Fun,
Holiday Lights
Recreation 70%+ Large-scale events
produced by the
department and/or city
intended for a specific
demographic within the
community.
Drive-in movies,
Sweetheart Dances,
Halloween Carnival
Individual 100%+ Large-scale events with
pre-registration required
for a niche market or
specific interest.
Typically provided by
non-department
organization
Organized races
Recreation
Services
Community 50%+ Foundational classes,
leagues and workshops
which include instruction
and the primary goal of
Facility childcare,
beginner level sports,
fitness orientations,
EXPAND programs,
Attachment A: Boulder Parks and Recreation Fee Policy
32
introducing participants
to basic skills at a “learn
to” level; programs which
facilitate access to other
program types
Youth Services
Initiative (YSI),
aquatics clinics
Recreation 70%+ Classes, leagues, clinics
and workshops with
instruction provided at an
intermediate level
Intermediate level
sports, enrichment
classes, youth sport
leagues, camps
Individual 100%+ Classes, leagues, clinics
and workshops with
instruction provided at an
advanced level of
training and
development; private or
semi-private setting to
meet unique needs of an
individual or small group
Advanced level
sports, specialty
fitness, adult sports
leagues, competitive
team events, boating
Facility Entry Recreation 90%+ Access to recreation
centers, indoor & outdoor
pools, outdoor swim
beaches and passive
recreation at Boulder
Reservoir where
monitored access is
provided for self-directed
activity with general
supervision and
oversight provided by
department staff
Facility admission,
drop-in classes, swim
beach, passive
recreation at Boulder
Reservoir
Resale Items Individual 100%+ Consumable and non-
consumable goods
available for purchase
Swim diapers, locks,
food or concessions,
clothing, pro-shop
items
Contracted
Programming
Individual 100%+ Registered programs
offered by a non-
city/department agency
that operate under a
revenue share/profit split
Specialty summer
camps, Tennis
lessons,
Golf Course Individual 100%+ Utilization of golf course
and related amenities
Driving range, rounds
of golf, cart rentals,
tournaments
Rentals Individual 100%+ Space, facility,
equipment, park and
shelter reservations for a
use by an individual,
group or organization.
Field rentals, court
rentals, facility
rentals, shelter
rentals, lane rentals,
Attachment A: Boulder Parks and Recreation Fee Policy
33
private access
rentals
Commercial
Use
Individual 100%+ Fee based instruction,
education, care or
supervision on park land
provided by an individual,
group or organization.
Yoga in a park,
summer camps or
nature programs held
exclusively at a park.
Attachments:
•Attachment A – Parks and Recreation Department Fee Schedule
Attachment A: Boulder Parks and Recreation Fee Policy
34
Policy Title Boulder Parks & Recreation Fee Policy
Administrative Policy
Number
05-02
Effective Date Date TBDJuly 24, 2023
Last Amended N/A
Review Cycle Every 2 years
Inactive/Repealed N/A
Primary Audience BPR Staff and Supervisors with Fee Based programs
Policy Sponsor Jackson Hite, Parks and Recreation Sr. Manager – Business
Services
Director Approval Alison Rhodes, Parks and Recreation Director
Related Policies
Included Procedures,
Workflows, or other
materials
I.Purpose of Policy:
The purpose of the fee policy is to establish clear and consistent guidance for how fees are set
and subsidies are awarded. In establishing a fee policy, BPR intends to create a standard
approach for all fees collected, develop transparent fee categories and definitions of the types of
access or programs which are subject to various fees, and create clear cost recovery targets. In
determining the subsidy levels, BPR will provide subsidies based on the level of funding
available and the level of community benefit each program provides.
II. Background:
The City of Boulder Parks and Recreation Department promotes the health and well-being of
the entire Boulder community by collaboratively providing high quality parks, facilities and
programs.
BPR operates from five primary funds. These funds are the Recreational Activity Fund (RAF),
.25 Cent Sales Tax Fund (.25ST), General Fund, Permanent Park and Recreation Fund, and
Lottery Fund.
Recreation Activity Fund: A special revenue/quasi-enterprise fund that is specific to the Parks
and Recreation Department. The fund is the primary funding mechanism used to support
recreation centers and facilities and subsidize fees for services related to the provision of
recreation, reservoir and golf course services/programs that do not cover all their direct costs.
This fund is supported through user and participation fees, grants and donations, and an annual
subsidy transfer from the General Fund.
.25 Cent Sales Tax Fund: A special revenue fund that is specific to the Parks and Recreation
Department. The fund is primarily supported through a designated sales tax that was approved
by voters in 1995. In 2013 voters renewed the sales tax through 2035, with 85% of votes
supporting the tax. The fund supports multiple aspects of the department, including operations
and maintenance, administrative support services, renovation and refurbishment, and capital
improvements.
Attachment B: Red line changes from June’s Draft Fee Policy
35
General Fund: The city’s largest fund that serves as the primary funding source for most
governmental services. BPR uses its portion for park operations, forestry and department
administration. The general fund is mostly supported through a blend of taxes, permits, fees,
and intergovernmental transfers. As a result of the fund’s heavy reliance on tax revenue and
pressure from other departments, the fund’s revenues, and ability to contribute to the
department’s budget can fluctuate, although it has been relatively stable over the years.
Permanent Park and Recreation Fund: A fund specific to the Parks and Recreation
department, this source of funding is permanent according to the City of Boulder’s charter and is
supported through earmarked property taxes, with the Parks and Recreation Department
receiving $0.01 for every dollar of property tax collected by Boulder County. These funds are
limited to the acquisition or permanent improvement of parkland, renovations, and refurbishment
of recreation facilities, and is a source of funds for capital improvements.
Lottery Fund: A special revenue fund that accounts for State Conversation Trust proceeds that
are distributed to municipalities on a per capita basis. Money from the Lottery Fund must be
used only for the acquisition, development, and maintenance of new conservation sites or for
capital improvements or maintenance for recreational purposes on any public site.
III. Definitions:
Residency:
Resident: any individual who lives at an address located within the City of Boulder
service area.
Non-Resident: any individual who lives outside of the City of Boulder.
Resident/Worker: individuals who live or work in the City of Boulder are eligible for
Resident/Worker rates for facility entry. Resident or non-resident status applies for all
other types of programs.
Age Based Fee Groupings:
Youth: participants between 3 and 18 years old.
Adult: participants between 19 and 59 years old.
Senior: participants who are over the age of 60.
Household: any adults, seniors or youth residing at the same address. Proof of address
is required and no more than 8 members aged 19 or older.
Costing Definitions:
Cost Recovery: the collection of revenue to pay for the direct and/or indirect costs of
providing a service or program. The level of cost recovery will vary based upon the
Attachment B: Red line changes from June’s Draft Fee Policy
36
service, type of program, program category benefit level, targeted skill level, market
costs and other factors.
Direct Costs: The costs directly related or attributed to providing a specific service.
Direct costs include staff time, materials and supplies directly related to providing the
service.
Indirect Costs: Costs incurred across the department that are not directly attributed to a
specific service but benefits the department as a whole. Indirect costs typically include
marketing expenses, software, utilities, space allocation, and management staff that
support a variety of services or programs.
Market Analysis: A point-in-time analysis or survey of prices charged by other
agencies, public and private for a similar service. Market Analysis is typically limited to
benchmark communities and local agencies., local private business and non-profit
organizations.
Subsidy: Funding provided by the city to offset the costs of a service to support a higher
level of community benefit. Based upon community input, subsidies are typically
awarded to programs that support low-income residents, people with disabilities, older
adults and youth.
Discounts: Discounts may be provided associated with marketing and/or volume-based
discounting to provide benefits to participants who are regularly using a service or
program.
Program Benefit Categories:
Attachment B: Red line changes from June’s Draft Fee Policy
37
Community: Services that enhance the health, safety and livability of the community
and therefore require minimal obstacles to participation.
Recreation: Services that benefit a broad range of users and are targeted to promote
physical and mental well-being.
ExclusiveIndividual: Services targeted to specific individuals or user groups with
limited community benefit.
IV.Policy:
The Department of Parks and Recreation’s Fee Policy represents a standardized approach to
program categorization and definitions, while aligning a clear subsidy level based on the level of
community benefit provided. Fees are an efficient and equitable way to distribute the costs
associated with providing services that exceed the ability of the tax base to support the costs.
This comprehensive policy will promote community understanding with clear fee practices and
financial sustainability. This Fee Policy was developed through the documentation of previous
policy guidance from the Parks and Recreation Advisory Board, includes guidance received
from the 2022 Parks and Recreation Plan, along with significant input from the Parks and
Recreation Advisory Board, Community Connectors in Residence and City Council. This Fee
Policy identifies and informs the program types and a consistent method to assign services to
those types. and includes the appropriate benefit level of subsidy provided and cost recovery
target that should be achieved. Tax subsidy provided each year from the General Fund and/or
other sources such as .25 Cent Sales Tax Fund should be allocated in a way that supports the
cost recovery targets based on available funding, which then directs the corresponding pricing
strategy each year.
The concept of cost recovery involves setting fees based on the total cost of providing the
service and factors in the program category benefit providedlevel so that the total funding
received (Taxes and User Fees) equals the total cost of providing a particular service. This is
critical to the financial sustainability of public parks and recreation.
V.Procedure:
The department will review fees and charges for all programs and services along with cost
recovery performance at least every two years as part of the annual citywide budget
development process. Once the cost to provide services is analyzed, each service area will
review cost recovery performance compared to stated goals within the Fee Policy. Total cost of
service as well as the department’s Service Delivery Model, market analysis, and feedback from
staff and participants, will inform any recommendations to the Department Director to update
fees.
The Department’s pricing strategy is based on several considerations:
•Level of Community Benefit
•Supply and Demand
•Market Comparisons
•Residency/Non-residency priority
•Age-based prioritization with an emphasis on youth and seniors
Attachment B: Red line changes from June’s Draft Fee Policy
38
•Accessibility and health promotion
•Value of Program (availability of alternative providers, quality of program)
•Cost recovery philosophy
•Availability of subsidy to support age-based discount, community benefit recreation and
financial aid.
Each activity will be sorted into a program type. Each program type will have a minimum cost
recovery rate and a target cost recovery rate. Programs that are being introduced will likely be
at the minimum cost recovery rate; over the lifecycle of the program, the goal will be to achieve
the target cost recovery rate. While setting rates, staff must evaluate market rates and demand
for the activity to determine price sensitivity for any proposed price adjustments. If the price is
too high and/or there is little demand for the program, staff must consider the feasibility of
reducing costs, reducing fees or propose the elimination of the program. To minimize impacts to
participants, fee increases may be limited to 10% in a year for any community or recreation level
programs. Fee increases may be phased in over a 2-to-3-year period to minimize impacts to
participants.
When establishing fees, BPR will support fees that the market will bear, even if this exceeds the
cost recovery targets. Additionally, BPR will not undercut the market as it is not a good use of
subsidy and jeopardizes the overall health of the market. Programs with high demand should
also evaluate fee increases to improve cost recovery. Both tactics will allow the department to
reinvest in other program areas with lower cost-recovery goals, in turn allowing the department
to reduce the reliance on tax subsidy and reinvest in priority programs. During future updates to
the Fee Policy, BPR will adjust the cost recovery targets accordingly based on actual
performance.
To ensure there is equitable access for populations the community has prioritized, the
department will continue to subsidize access for low-income individuals, people with disabilities,
youth and seniors. The department is committed to maintaining financial aid programs to
qualifying Boulder residents, providing subsidized access to facilities and programs, as funding
allows.
All fee updates will be reviewed annually by the Parks and Recreation Advisory Board and for
consideration by City Council with the adoption of the operating budget each year. The City
Manager shall give notice regarding changes in fees by filing a schedule of fees with the City
Clerk and displaying the changed fees on the City’s website. Increases shall not take effect until
at least two weeks have passed since notice was given. Fees shall be in effect as of the
effective date specified in the schedule.
Fees may be temporarily discounted or reduced through special promotional pricing as warranted.
The City Manager may reduce fees from time to time as market conditions warrant, and may also
raise them again, so long as the fee never exceeds that specified in the fee schedule.
Attachment B: Red line changes from June’s Draft Fee Policy
39
Below are the program types with associated category benefit level and cost recovery target
goals, definitions and examples of activities. Examples provideThese are examples of various
types: they are not all-inclusive lists and program offerings change over time.
Program
Type
CommunityProgram
Category Benefit
Level
Cost
Recovery
Program
Definition
Examples of
Services
Included
Open Access Community 0% Access to parks,
park amenities,
pathways and
natural areas.
Open access
allows for self-
directed activity
and does not
include
supervision or
oversight by staff.
Pocket,
neighborhood,
and community
parks,
skateparks,
playgrounds,
multi-use paths,
non-reserved
outdoor courts,
dog-parks
Grants,
Philanthropy
& Donations
Community Grants,
philanthropy and
donations which
further the
mission of the
department by
providing outside
funding for a
specific focus
which increases
access and/or
removes barriers
to participation
Health Equity
Funds, Grants,
Memorial
Benches, Tree
Donations,
Project Specific
Donations
Special
Events
Community 10%+ Large-scale
events that appeal
to a broad portion
of the community.
Snow Much
Fun, Holiday
Lights
Recreation 70%+ Large-scale
events produced
by the department
and/or city
intended for a
specific
demographic
within the
community.
Drive-in movies,
Sweetheart
Dances,
Halloween
Carnival
Attachment B: Red line changes from June’s Draft Fee Policy
40
ExclusiveIndividual 100%+ Large-scale
events with pre-
registration
required for a
niche market or
specific interest.
Typically provided
by non-
department
organization
Organized races
Recreation
Services
Community 50%+ Foundational
classes, leagues
and workshops
which include
instruction and the
primary goal of
introducing
participants to
basic skills at a
“learn to” level;
programs which
facilitate access to
other program
types
Facility
childcare,
beginner level
sports, fitness
orientations,
EXPAND
programs, Youth
Services
Initiative (YSI),
aquatics clinics
Recreation 70%+ Classes, leagues,
clinics and
workshops with
instruction
provided at an
intermediate level
Intermediate
level sports,
enrichment
classes, youth
sport leagues,
camps
ExclusiveIndividual 100%+ Classes, leagues,
clinics and
workshops with
instruction
provided at an
advanced level of
training and
development;
private or semi-
private setting to
meet unique
needs of an
individual or small
group
Advanced level
sports, specialty
fitness, adult
sports leagues,
competitive
team events,
boating
Facility Entry Recreation 90%+ Access to
recreation
centers, indoor &
Facility
admission, drop-
in classes, swim
Attachment B: Red line changes from June’s Draft Fee Policy
41
outdoor pools,
outdoor swim
beaches and
passive recreation
at Boulder
Reservoir where
monitored access
is provided for
self-directed
activity with
general
supervision and
oversight provided
by department
staff
beach, passive
recreation at
Boulder
Reservoir
Resale Items ExclusiveIndividual 100-
150%%+
Consumable and
non-consumable
goods available
for purchase
Swim diapers,
locks, food or
concessions,
clothing, pro-
shop items
Contracted
Programming
ExclusiveIndividual 100%+ Registered
programs offered
by a non-
city/department
agency that
operate under a
revenue
share/profit split
Specialty
summer camps,
Tennis lessons,
Golf Course ExclusiveIndividual 100%+ Utilization of golf
course and
related amenities
Driving range,
rounds of golf,
cart rentals,
tournaments
Rentals ExclusiveIndividual 100%+ Space, facility,
equipment, park
and shelter
reservations for a
use by an
individual, group
or organization.
Field rentals,
court rentals,
facility rentals,
shelter rentals,
lane rentals,
private access
rentals
Commercial
Use
Individual 100%+ Fee based
instruction,
education, care or
supervision on
park land
provided by an
individual, group
or organization.
Yoga in a park,
summer camps or
nature programs
held exclusively at
a park.
Attachment B: Red line changes from June’s Draft Fee Policy
42
Attachments:
•Attachment A – Parks and Recreation Department Fee Schedule
Attachment B: Red line changes from June’s Draft Fee Policy
43
TO: Parks and Recreation Advisory Board
FROM: Alison Rhodes, Director of Parks and Recreation
Scott Schuttenberg, Deputy Director
Bryan Beary, Senior Manager, Community Building and Partnerships
Mark Davison, Senior Manager, Planning
Regina Elsner, Senior Manager, Natural Resources
Jackson Hite, Senior Manager, Business Services
Megann Lohman, Senior Manager, Recreation
Stephanie Munro, Senior Manager, Regional Facilities
Dennis Warrington, Senior Manager, Urban Parks
SUBJECT: Matters from the Department
DATE: July 24, 2023
A. Urban Ranger Program Introduction
Boulder Parks and Recreation Urban Rangers help foster safe and welcoming parks and
facilities, providing security to visitors and staff through enforcing rules and regulations,
creatively solving problems, building relationships, and engaging community members to
experience nature close to home. At the City Council meeting on April 27, 2021, City
Council approved an Urban Ranger pilot program to extend through the end of 2022.
That pilot has been extended with one-time funding through the end of 2023. The pilot
program was funded as part of the cross-departmental Safe and Managed Public Spaces
(SAMPs) program to address the symptoms of homelessness in Boulder’s public spaces.
The Urban Rangers provide critical department support, including ensuring the safety and
security of visitors and staff across the park system. The Ranger program helps minimize
impacts and expenses before they occur and contributes to safe, livable public spaces,
benefitting the whole Boulder community. Urban Rangers provide three core services:
1. Enforcement: responding to calls for service, proactive patrols, enforcement of the
Boulder Revised Code (BRC) on parks property
2. Supporting Events and Projects: support events that activate public spaces
ensuring safety and support BPR projects with safety and security concerns.
3. Education: provide roving education and interpretation, respond to citizen
questions and concerns
Since May 2022, the program has been building the program, becoming fully staffed in
December 2022. The current Urban Ranger team consists of 3 full-time Rangers and 2
seasonal Rangers. Urban Ranger patrols between May 2022 through June 2023 included:
• 3,400 patrols, 1000+ hours of patrol time
• Almost 6,000+ non-enforcement contacts (i.e., education, interpretation,
information)
• 1,500 enforcement contacts (i.e., warnings or summons). Most common contacts
are:
o #1 dog violations
o #2 trespassing or damaging public property.
44
In addition, Urban Rangers support special events such as the Farmer’s Market,
Boulderthon, and Snow Much Fun through the course of the year. Urban Rangers have
supported BPR colleagues through their presence on site for special projects, volunteer
events, and pursuing enforcement on encroachments and other issues on park property.
Below is some of the positive feedback the Urban Rangers have received from across the
city and the community.
• "I just want to share with you how compassionate, articulate and communicative
your rangers were and how glad they made me follow park rules because they
engaged with me in such a problem-solving manner, and I really appreciate that as
a frequent Eben G. Fine community member.” – voicemail from a park visitor.
• “Last year the Urban Rangers saved the Arts in the Park event series. The event
series would not have been possible without them. At the June event, before we
had the rangers onsite, we had an encampment on the bandshell, dangerous items
in the park, and a real concern for safety from the public attending the event.
Once the ranger team was hired and trained the event environment was like night
and day. Aaren and her team worked diligently to enforce codes and educate the
public around the bandshell creating a safe environment where we had little to no
incidents at the July and August events.” – Rosa Wright, Community Access
Coordinator, Boulder Parks and Recreation
• "Yesterday [July 5, 2023] was the easiest cleanup day in several years." -- Dennis
Warrington, Parks and Landscaping Maintenance Senior Manager, in response
to ranger presence and enforcement at Eben G. Fine Park on the Fourth of July
B. Reimagining Civic Area: Phase 2 Project Progress and Historic District Update
At the beginning of the year, Boulder Parks and Recreation launched the scoping phase
for the Civic Area Phase 2 Reimaging project. This item provides an information update
to PRAB on the finalization of the project scope, updated project timeline and overview
of the public engagement plan, for this next phase.
Planning Context
The summary of prior planning processes for Boulder’s Civic Area can be found in this
link from the PRAB January Packet and presentation. The City Council approved 2015
Civic Area Master Plan informed the new Phase 1 park improvements completed in 2018
and will guide the next revitalization phase of Civic Area. This phase will include Civic
Park, Central Park, Farmer’s Market - 13th Street, Arboretum Path, East and West
Bookends as key spaces to reimagine.
Project Scope and Schedule Update
Through a highly collaborative process, the Civic Area Core Team (encompassing
representatives from the Parks and Recreation, Transportation and Mobility, Planning and
Development Services, Utilities, Community Vitality and Facilities and Fleet
Departments) created a project approach to the Civic Area Phase 2 scope and schedule
that responds to the Alpine-Balsam Campus and relocation of city staff out of the Civic
Area, refines the concept plan into a schematic design for cost estimation for a larger and
more holistic area, includes the study of the Arboretum Path as a key element of a place-
making and multi-modal connection, takes into consideration the access and parking 45
needs of the Civic Area as the space converts to park and looks at the potential of
reprogramming city-owned buildings over time. The schedule for this project has been
adjusted to incorporate the above-mentioned additional studies and to ensure high
collaboration across the organization. The RFP has been posted and includes completion
of three major tasks, with elements of each outlined below:
o Task 1: Planning Analysis: End of 2023 - 2024
Project Kickoff with Consultant Team
Update Site Evaluation, Analysis, and Inventory
Market and Feasibility Study
Public Engagement for planning
o Task 2: Vision and Values: 2024
Space Activation and Programming
Vision and Values Public Engagement
o Task 3: Schematic Design (based on the council-approved 2015 Civic
Area Master Plan): End of 2024 - 2025
Develop schematic design alternatives with initial costs.
Final measured drawing of preferred site plan with detailed costing
(including materials, plant palette and furnishings)
Future Scope Items (not included in the RFP)
o Task 4: Design Development and Construction Documentation: 2026
o Task 5: Construction: 2027
o Task 6: Maintenance Standards and Practices: 2025 –2026
o Task 7: Space Activation: 2025 –2026
Engagement Plan
Staff has developed an engagement plan with four major windows of engagement. The
windows include a broad set of key stakeholders, major milestones for board reviews and
regular public engagement events through tabling, pop-ups, online questionnaires, and
youth nature immersion activities. A soft launch of this effort will start September 10th at
What’s Up Boulder to gain public awareness of the next phase of design for this park.
Window one of the engagement plans will gather information from park users and the
community to understand what the perceptions of the space are, how it is functioning,
what is missing from the activation of space and what has been successful. The following
are the key engagement windows included in this scope of work:
o Window 1: Park Perceptions September - 2023 and February 2023
Inform: Park Planning Process
Consult: Park Perception of Existing Programming / Conditions
o Window 2: Vision and Values - July 2024
Consult: Confirm Design Principles and Values
Consult: Park Activation and Programming Opportunities
o Window 3: Design Options - March 2025
Consult: Park Renaming Opportunity
Consult: Design Option Space Activation
Consult: Rebranding 46
o Window 4: Final Design - August 2025
Inform: Final Park Design and Rebranding
Next Steps
BPR has posted the RFP and, over the next three months, will be engaged in leading a
pre-proposal meeting and consultant site walk, question and answer period, final proposal
reviews, short-listing potential consultant teams and conducting interview rounds to
award the winning design team with the best experience that aligns with park and civic
design innovation, an inclusive approach to design and engagement as well as experience
in supporting high profile and complex projects of this type.
Key Questions
1. Does PRAB have any questions about the updates to the scope of work or next steps
for implementing the Civic Area Phase 2 Reimaging?
2. Does PRAB have any questions on the community engagement plan for this project?
Diagram 1: Civic Area Phase 2 Reimaging Scope
47
Diagram 2: Project Schedule
C. Propose August PRAB Tour – Format and Locations
The August tour is proposed to build board awareness and understanding of upcoming major
capital projects. At each site, staff will provide a brief project overview and allow time for
questions and discussion. Staff propose the below schedule and invite the board’s feedback on
locations, format, and schedule.
Topic Start Time
(p.m.)
End Time
(p.m.) Location
Pre-Meeting Dinner 5:30 6:00 Tate Building
Park Reimagining 6:00 6:30 Civic Area
Travel 6:30 6:40 Transit
Park Improvements and
Alpine/Balsam considerations
6:40 7:00 North Boulder Park
Travel 7:00 7:10 Transit
Planning Process and
Engagement
7:10 7:40 Park on Violet
Travel 7:40 8:00 Transit
Facility Renovation and Park
Planning
8:00 8:30 East Boulder
Community Center
48
TO: Parks and Recreation Advisory Board
SUBJECT: Matters from the Board
DATE: July 24, 2023
A. PRAB Handbook discussion
B. Fall Study Session meeting planning
C. PRAB Matters (Verbal)
49
City of Boulder
Handbook for Members of
Parks and Recreation Advisory Board (PRAB)
Adopted: February 2008
Amended: _____ 2023
50
51
[WELCOME LETTER FROM CURRENT BOARD CHAIRPERSON – WILL INCLUDE CONTENT FROM
“SCOPE” SECTION OF CURRENT HANDBOOK]
52
I. LAWS RELEVANT TO PRAB’S WORK
A. City of Boulder Charter – PRAB’s Creation and Function
The City of Boulder and its government is established through its [Charter]. The Charter
establishes a City Council to govern the City, a City Manager to exercise all executive and
administrative powers vested in the City, and administrative departments of the City, including
the Department of Parks and Recreation (the “Department” or “BPR”). See Charter, Article II
(Council), Article V, Secs. 63 (City Manager), Article XI (BPR). The Charter also establishes the PRAB.
See Charter, Article XI, Sec. 157.
1. Basic Requirements of the PRAB
Under the Charter, the PRAB shall consist of seven members appointed by City Council
who serve presumptive terms of five years. Id. Sec. 158. The Charter further states that the PRAB
shall choose a Chair and secretary, who may be the BPR director. Id. Sec. 159. The PRAB shall have
regular meetings once a month, though special meetings may be called at any time by three
members of the PRAB upon 24 hours’ notice to all members of the PRAB. Id. Four members of the
PRAB shall constitute a quorum, id., which is the minimum number of members required to hold
a meeting and conduct business for the PRAB. A majority vote is required to authorize action by
the PRAB. Id. The PRAB must keep minutes of its meetings and its transactions. Id. Pertinent here,
the PRAB “shall have the power to make reasonable rules for the conduct of its business.” Id.
2. PRAB’s Function and Core Responsibilities
The Charter also specifies the PRAB’s function. See Article XI, Sec. 160. Under the Charter,
“the [PRAB] shall not perform any administrative function unless expressly provided in this
charter. The [PRAB]:
(a) Shall make recommendations to the council concerning the disposal of parks lands
pursuant to Section 162 of [the] charter;
(b) Shall make recommendations to the council concerning any expenditure or
appropriation from the permanent park and recreation fund pursuant to Section 161
of [the] 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 [the] 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; and
53
(f) May request information and recommendations from the department pursuant to the
provisions of Section 155(d) above.
Further, City Council and BPR “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.” Id. Further, the PRAB’s
recommendations pursuant to this section “shall not be binding on the city council unless
expressly provided by this charter.” Id.
Moreover, the Charter specifies how BPR must function in relation to the PRAB. Article XI,
Sec. 155. For instance, Section 155 of the Charter states that the Department: “(c) shall prepare
and submit to the [PRAB] 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 [PRAB], prepare and submit to the [PRAB] information and recommendations on
such park and recreation matters as are not provided for by (c) above”; and “(e) may request
advice on any park and recreation matter from the [PRAB]”. Article XI, Sec. 155.
3. Franchises, Leases, Permits, and Licenses in Parks
The Charter also specifies a role for PRAB regarding franchises, leases, permits, and
licenses in parks. Under Section 164 of Article XI, City 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 [PRAB].” The City Council “may, by ordinance, delegate all or any part of this authority to
the [PRAB] to approve such leases, permits, or licenses.” Id. As described below in Section I.B., the
City Council, by ordinance, has delegated to the PRAB the authority to approve leases, permits, or
licenses on park lands “whose term does not exceed three years.” B.R.C. 8-3-23.
Further, “the [PRAB] may, by motion, subdelegate all or any part of its delegated authority
to approve such leases, permits, or licenses to the city manager.” Id. The City Manager “may enter
into standard commercial licensing agreements for automatic food vending machines on park
lands without the approval of the [PRAB] or the council.” Id.
4. Acquisition and Disposal of Park Property
Regarding acquisition of park land, Section 163 of Article XI specifies that, while City
Council may acquire park land for the city, it “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 [PRAB], provided, however, that City Council “can act without such recommendations if
said board fail to submit their recommendations to the council within thirty days after request
therefor is made by the council.” Id. These recommendations “shall not be binding on the council
except that the recommendation of the [PRAB] concerning expenditures from the permanent park
and recreation fund shall be binding on the council pursuant to Section 161 of [the] charter.” Id.
Similarly, regarding disposal of park property, Section 162 of Article XI states that park lands may
be disposed of by City Council, “but only upon the affirmative vote of at least four members of the
[PRAB].” Id. City Council may obtain a non-binding “advisory recommendation” from the planning
board on land disposal. Id. Lastly, “park land” "park property," and "recreation facilities" are
54
defined in Section 154, “…all lands donated to the city for park or recreation purposes, acquired
by the city through purchase, dedication, deed, or condemnation for park or recreation purposes,
or purchased or improved in whole or in part with funds from the permanent park and recreation
fund”.
5. Permanent Park and Recreation Fund
The permanent park and recreation fund consists of: “(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 part or recreation property or equipment
whether real, personal, or mixed; and (d) appropriations made to the fund by the city council.”
Charter, Article XI, Sec. 161. Expenditures from this fund “shall be made only upon favorable
recommendations of the [PRAB] and appropriation by the council.” Id. the fund “shall not be used
for any purpose other than the acquisition of park land or the permanent improvement of park
and recreation facilities.” Id.
B. City of Boulder Municipal Code
While the City Charter establishes the city and its government, the City’s [revised municipal
code] establishes additional laws and rules based on the Charter so that the City can properly
function. Think of the City’s Charter as the City’s “constitution” and its municipal code as statutes
or laws enacted based on that constitution. All laws in the municipal code flow from the Charter
as well as applicable state and federal laws. The Charter can be amended only by voter approval
while the municipal code can be amended by majority vote of City Council.
The municipal code has laws that apply generally to all city functions, including its boards
and commissions, and many which apply only to the administration of our parks system. For
instance, the code generally provides that boards and commissions must:
• hold regular meetings open to the public;
• keep minutes of those meetings;
• appoint a chair, vice chair, and secretary
• conduct its meetings under the then-current Robert’s Rules of Order, unless the boards
or commissions adopt different rules; and, among other things,
• determine whether to hold meetings in person, remotely, or in hybrid format.
B.R.C. 2-3-1.
The code also has rules that apply specifically to the PRAB. For example, as mentioned
above in Section I.A., under B.R.C. 8-3-23, pursuant to Section 164 of Article XI of the City’s Charter,
“the [PRAB] is delegated the authority to approve any lease, license, or permit in or on park lands
whose term does not exceed three years, as may be recommended to it by the city manager.”
Section 2-3-10 of the municipal code codifies the role and responsibility of the PRAB as set
forth in the Charter, but also adds additional rules not inconsistent with the Charter:
55
(a) The City of Boulder Parks and Recreation Advisory Board consists of seven members,
appointed by the city council for five-year terms;
(b) The city manager shall serve as secretary of the board;
(c) Four members of the board constitute quorum. The board may only act on affirmative
vote of at least a majority of all members present at a meeting. Three members of the
board may call a special meeting.
(d) The Board’s functions are:
1) To approve or disapprove proposals concerning the disposal of park lands and
forward such recommendations to the city council;
2) To approve or disapprove expenditures or appropriations from the permanent
park and recreation fund and forward such recommendations to the city
council;
3) To make recommendations to the council concerning the grant or denial of any
license or permit in or on park lands;
4) To make recommendations to the council concerning protection and
maintenance of park lands;
5) To review the city manager’s proposed annual budget relating to parks and
recreation matters and submit its recommendations concerning that budget to
the council;
6) At the request of council, the city manager or the department of parks and
recreation matters and submit its recommendations concerning that budget to
the council;
7) At the request of council, the city manager[,] or the department of parks and
recreation, to prepare and submit to the council, manager[,] or department,
recommendations on any additional park and recreation matters; and
8) To request information and recommendations from the department of parks
and recreation pursuant to the provisions of Charter Section 155.
(e) The board is not authorized to issue subpoenas.
C. Colorado Open Meetings Law
As a local public body, the PRAB is subject to the requirements of the Colorado Open
Meetings Law (COML), which is codified at Colorado Revised Statute (CRS) 24-6-401 and 402.
Under COML, “all meetings of a quorum or three or more members of a 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 open to the public at all times.” C.R.S. § 24-6-402(2)(b) (emphasis
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added). A “meeting” is defined as “any kind of gathering, convened to discuss public business, in
person, by telephone, electronically, or by other means of communication.” Id. § 402(1)(b).
Further, “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.” Id.
§ 402(2)(c)(I). This “notice” can be accomplished by a number of means but must at minimum be
“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.” Id. Moreover, “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” and “shall include specific agenda information where possible.” Id.
Essentially, our meetings are and should be open to the public. We must notify the public
at least 24 hours in advance of any meetings where “public business is discussed or at which any
formal action may be taken,” whether those meetings are in person, over the telephone, or
electronically. Please note that, under this law, a meeting of three or more PRAB members, or a
quorum of the PRAB if less than three people, constitutes a "meeting” under the law—whether
that is an in-person meeting, telephone discussion, or email chain—and must therefore be
publicly noticed. Failure to follow these requirements could result in a violation of this law and
possible legal action against the City, the Department, or the PRAB.
You can access and read the entire COML [here].
D. COLORADO OPEN RECORDS ACT (CORA)
Another important law that impacts the PRAB’s work is the Colorado Open Records Act
(CORA), codified at C.R.S. § 24-72-201-205.5. CORA declares that “all public records shall be open
for inspection by any person, at reasonable times,” unless the records fall into very specific
statutory exceptions. C.R.S. § 24-72-203(1)(a). A “public record” is “a writing made, maintained,
or kept by the state, any agency, institution, . . ., or political subdivision of the state, . . ., and held
by any local-government-financed entity for use in the exercise of functions required or
authorized by law or administrative rule or involving the receipt or expenditure of public funds.”
C.R.S. § 24-72-202(6)(a)(I). A “political subdivision” includes “every county, city and county, city,
town, school district, special district, public highway authority, regional transportation authority,
and housing authority within this state.” Id. § 202(5).
Our board is subject to the provisions of this statute and, thus, our correspondence and
other documents concerning official PRAB business, as well as our correspondence with BPR staff,
are subject to CORA. Note that documents created or maintained by BPR staff are also subject to
CORA, so their emails and other correspondence with us, subject to certain statutory exceptions,
are public records. In other words, subject to specific statutory exceptions, your emails and other
documents used in furtherance of this body’s business likely applies as public records and,
therefore, may be subject to public disclosure if requested under CORA. Please be mindful of that
when you are creating or maintaining documents or sending correspondence on the PRAB.
II. PRAB RULES FOR CONDUCTING BUSINESS
As noted above in Section ____, the PRAB is authorized to create its own rules to conduct
its business, so long as those rules are consistent with the Charter and municipal code. Sections II,
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III, and IV of this Handbook shall constitute the rules of the PRAB and shall be amended only as
provided in Section ___, below.
A. Basic Principles
The following is a non-exhaustive list of the basic principles of fair parliamentary procedure
that members of the PRAB shall strive to uphold:
1. Rules should facilitate the transaction of business and promote cooperation and
harmony;
2. All members have an equal vote concerning business of the PRAB;
3. The PRAB acts by majority vote, but the rights of minority votes must be
respected and protected;
4. PRAB members have a right to full and free discussion of any and all issues
presented to the board for action, recommendation, or otherwise, but balanced
with the duty to efficiently and timely address all topics set for discussion in a
meeting agenda;
5. No member of the PRAB shall be forced to take a vote on any item if that member
does not feel he or she fully comprehends the meaning and effect of the vote
being taken (but note that abstaining from a vote is considered a vote in the
affirmative under the City’s municipal code, see B.R.C. 2-3-1(f));
6. Meetings should be characterized by fairness and conducted in good faith.
B. Officers
The PRAB shall have a chair, a vice-chair, and a secretary. Pursuant to the City’s municipal
code, the secretary shall be the City Manager or someone designated by the City Manager. The
secretary of the PRAB is not a member of the PRAB and therefore has no voting authority.
The chair and vice-chair shall be current PRAB members chosen by majority vote of the
PRAB at its first business meeting following the annual City Council board appointments.
The chair shall run PRAB meetings consistent with these rules and Robert’s Rules of Order.
The chair shall, in running meetings, shall:
• recognize a quorum;
• call meetings to order;
• call for motions and for debate on such motions;
• ensure that public comment, if any, is heard according to these rules and the policies
of the City of Boulder and the BPR;
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• ensure that BPR staff and other non-board participants have the opportunity to report
information to and seek action, guidance, or recommendations from the PRAB;
• ensure that the board’s business is conducted timely, fairly, and efficiently;
• facilitate discussion between among board members;
• enforce rules and expectations of decorum;
• ensure that each board member who wishes to speak on an issue is heard;
• rule on all questions of parliamentary procedure; and
• close the meeting.
The vice chair shall, without the need for a majority vote or appointment by the chair, run
meetings consistent with these rules when the chair is not able to attend a PRAB meeting or is
otherwise not able to run the meeting.
The chair and vice chair shall work with BPR staff to set the agenda and ensure necessary
information and materials are available for PRAB meetings.
The PRAB may, by an affirmative vote of a majority of the current members of the PRAB,
at a publicly noticed meeting, remove the chair or vice-chair from their position in leadership of
the PRAB. Should a vacancy arise in the office of either the chair or vice-chair, the PRAB shall fill
the vacancy by majority vote at a publicly noticed meeting of the PRAB.
C. Conduct & Rights of PRAB Members
PRAB members shall conduct themselves consistent with these rules and consistent with
City of Boulder policies concerning service on boards and commissions. Along these lines, each
PRAB member must ensure that he, she, or they:
• do not purport to act on PRAB’s behalf unless a majority of PRAB members, in a publicly
noticed meeting, have delegated authority for that member to so act;
• clearly identify in any forum whether they are speaking on behalf of the PRAB or for
themselves, including but not limited to city council meetings, newspaper articles or
letters, and other public or private engagements;
• recuse from matters raising a conflict of interest consistent with Section II.D., below;
• act professionally and courteously with each other and with city council, city staff, and
the public.
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During meetings, PRAB members have a right to make motions, vote on such motions,
speak in debate on motions, call for the retaking of a motion if the result is doubted by that
member, make a point of order to insist on the enforcement of the rules, provide comment to
other PRAB members or BPR staff on matters under discussion, and make a parliamentary inquiry
of the presiding officer if that member is not certain whether there is a breach on which a point
of order should be made.
Further, while the PRAB chair shall rule on any questions of parliamentary procedure, any
two PRAB members can require the chair to submit a ruling to the vote of the PRAB by moving for
and seconding an appeal immediately after the presiding officer has made such a ruling. This
motion divests final decision of the parliamentary ruling from the chair and vests that final
decision with the PRAB.
D. Conflicts of Interest/Code of Conduct
A PRAB member shall not perform an official act that has a direct benefit to the member
or on a business or other undertaking in which such member has a direct or substantial financial
interest. If an actual conflict of interest exists, the member shall disclose the basis of the actual
conflict of interest in a public meeting to the other members in attendance before discussion of
the relevant matter or as soon thereafter as the member identifies or recognizes the actual
conflict and shall recuse from further discussion on the matter and disqualify himself, herself, or
themself from taking official action on the matter.
A PRAB member may also or alternatively have an apparent or perceived conflict of
interest, meaning the member does not have an actual conflict of interest but may reasonably be
perceived as having an interest in the outcome of a vote which could be viewed by the public as a
conflict of interest. A PRAB member who believes, or reasonably should believe, that he, she, or
they may have an apparent or perceived conflict of interest: (1) shall disclose the basis of the
apparent or perceived conflict of interest in a public meeting to the other members in attendance
before the discussion, hearing, or official action related to the matter in question, and (2) may
recuse from any discussion on the matter and disqualify himself, herself, or themself from taking
any official action on the matter. In other words, PRAB members with an apparent or perceived
conflict have discretion to recuse in the exercise of sound judgment. If a PRAB member believes
that they may have a conflict of interest or are unsure they should reach out to the City Attorney
that supports PRAB for advice.
Please note that the definition of “member” for this conflict policy is broad and can be
found in the City’s municipal code at [Title 2-7-14]. Please also familiarize yourself with the City’s
Code of Conduct, which can be found at Title 2, Chapter 7, which can be accessed [here].
E. Speaking on PRAB’s Behalf/Code of Conduct
PRAB members may communicate with members of the public, including City Council,
individual City Council members, other boards or commissions, press publications, or otherwise,
in their personal capacity and noting that he, she, or they are members of the PRAB.
However, as noted above in Section II.D., PRAB members may not speak on PRAB’s behalf
unless a majority of the PRAB members have delegated that member to speak on PRAB’s behalf
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consistent with these rules. If a PRAB member is delegated to speak on PRAB’s behalf, the
delegating PRAB members shall endeavor to direct or instruct the speaking member as clearly as
possible on the purpose and scope of the delegation and authority to speak on PRAB’s behalf.
Any motion presented to Council by the PRAB 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 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.
This conduct also falls within the City’s Code of Conduct, which can be accessed [here].
F. Resolutions of the PRAB
From time to time, the PRAB may desire to act through a resolution. A resolution is a
written document that sets forth a board’s decision or action. A board may adopt resolutions for
any purpose the board deems appropriate, including taking formal action on a particular business
item or communicating the board’s position on a matter of public concern.
A resolution may be proposed by any PRAB member. If a resolution is proposed, the chair
shall call for a discussion of the proposal and, after such discussion, shall ask for a motion on
proceeding with a resolution for the purposes proposed. If a majority of the PRAB votes to proceed
with a resolution, the chair shall designate a PRAB member to draft the resolution with the
assistance of BPR or other City staff, including the office of the City Attorney. The PRAB shall
consider and vote to adopt the written resolution at a publicly noticed meeting. It is important to
note that PRAB may adopt resolutions so long as they are within the PRAB’s scope of legal
authority. However, only city council has authority to set policy for the city.
G. Making, Debating, and Voting on a Motion
Any member of the PRAB may make a motion during a meeting.
If a motion is made, the chair shall ask for a second. If no member seconds the motion, the
chair shall not recognize the motion and the motion dies. If a member seconds the motion, the
chair shall recognize the motion and ask for debate on the motion.
In parliamentary procedure, “debating” a motion allows members of an assembly to
discuss the merits of a particular question, stating that they “support the motion” or “do not
support the motion” and providing specific reasons for that position. Discussion shall focus on the
substance and merits of the motion and not on the motive for bringing the motion. Asking a
question of clarification on the motion or subject-matter underlying the motion is not considered
a statement in the debate.
Once it appears that all PRAB members have had an opportunity to “debate,” or discuss,
the motion, the chair shall ask whether there is any further discussion on the motion. If not, the
chair shall call for a vote on the motion, at which point roll shall be taken to obtain the vote of
each member of the PRAB, including the members who made and seconded the motion. The
board secretary or designee shall tally the votes and announce whether the motion carries or fails.
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A member may ask that a motion be amended. Amendments must be closely related to
the subject of the motion. While amendments may be hostile to or intended to defeat the purpose
of the original motion, such amendments are discouraged. Amendments may insert or add words
into the motion, strike words from the motion, or substitute words from the motion. If a member
desires to amend a motion, the member shall move to amend the motion. If the motion is
seconded, the presiding officer shall recognize the amendment and call for debate on the
amendment. If no second is obtained, the amendment dies. Once discussion on the amendment
is over, the presiding officer shall put the amendment for a vote.
The secretary of the PRAB or his or her designee shall tally the vote of any motion and
announce whether the motion carries or fails. The chair shall then announce that the motion has
carried or failed and proceed with the meeting.
Motions are improper if they: conflict with the City Charter, the municipal code, or state
or federal law; it is outside the PRAB’s scope of legal authority; it is dilatory, out of order, seeks to
thwart the will of PRAB, or is objectively absurd in substance. If an improper motion is made, the
presiding officer shall state that the motion is improper and is thus not recognized.
Voting shall be by roll call on a rotating basis of the roll for motions concerning: disposal
of parks land, expenditures or appropriations from the permanent parks and recreation fund,
grant or denial or any license or permit in or on park land, review of the budget, and
recommendations on the budget.
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.
Unless otherwise provided in the City Charter or municipal code, an affirmative vote of a
majority of the members of the PRAB shall be necessary to authorize any action of the PRAB.
Any member who doubts the result of a voice vote may require a retake of that voice vote
as a show of hands or other means.
Any PRAB member may abstain from voting if that member is not adequately informed on
the motion or the subject of the motion, but the abstaining member must state a basis for
abstaining. Please note that abstaining from voting is, under the City’s municipal code, considered
a vote in favor of the motion. See B.R.C. 2-3-1(f).
Any PRAB member may recuse from a vote based on a conflict of interest.
III. MEETING PROCEDURES AND EXPECTATIONS
A. Meeting Time, Place, and Format
Meetings are held on the fourth Monday of each month starting at 6:00 p.m. and are
publicly noticed on the PRAB’s web page.
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Historically, all meetings were held in City Council chambers. However, the COVID-19
pandemic, which began in March 2020, prompted the PRAB, other boards and commissions, and
Council itself, to hold its meetings virtually. Since January 2023, the PRAB has held its meetings in
a “hybrid” format, allowing members to attend in person or virtually. Members of the public may
be limited to virtual attendance, including during public comment, if there is a public health or
safety concern as provided in B.R.C. 2-3-1(b)(7).
Within this new hybrid format, the PRAB has established a preference that all members
attend meetings in person, though members may attend virtually if they are not able to physically
attend a meeting. PRAB members do not need permission or an affirmative vote from the PRAB
to attend a meeting virtually, but members attending a meeting virtually are asked to notify the
PRAB and BPR staff prior to the meeting of their need to attend virtually so that BPR staff, the
agenda committee, or other PRAB members may make appropriate arrangements for that virtual
attendance. PRAB members attending virtually are strongly encouraged to have their screens
turned on at all times so the public may ensure that the member is present and participating.
Meeting locations are determined by the agenda committee (see Section __, below).
Hybrid or virtual meetings present unique challenges, including the ability to recognize
whether a member is asking to speak. The presiding officer shall recognize speakers desiring to
speak and PRAB members shall attempt to claim the floor by raising their hand (physically or using
a virtual hand-raise feature) before speaking. The chair shall recognize speakers in the order in
which the speakers raised their hands or otherwise indicated a desire to speak.
B. Preparing for Meetings
BPR staff shall distribute meeting packets to the PRAB before each meeting. Meeting
packets are typically distributed the Wednesday before Monday meetings.
PRAB members are expected to review meeting packets and otherwise come prepared to
each meeting. Any questions about the meeting packet should be directed to BPR staff or PRAB
officers in accordance with the Open Meetings Law discussed above.
C. Presiding Officers
The chair of the PRAB presides over each meeting. If the chair is absent, the vice chair shall
preside. If both the chair and the vice chair are absent, the present PRAB members shall elect a
provisional presiding officer by majority vote. Presiding officers shall conduct themselves and
recognize the rights of others consistent with the rules set forth in this handbook.
The secretary of the board shall be present for each meeting. If the secretary is absent, the
PRAB shall appoint a provisional secretary for the meeting by majority vote.
D. Quorums
Four members of the PRAB constitute a quorum as specified in Article XI, Section 159 of
the City Charter. The presiding officer of each meeting shall determine whether a quorum is
present and shall thereafter call the meeting to order.
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The only actions that may occur without a quorum are: fixing a time at which to adjourn,
adjourning, recessing, and taking measures to obtain a quorum. A non-quorum may proceed with
a meeting, but no action may be taken during the meeting without a quorum.
E. Consent Agenda
A “consent agenda” is an omnibus agenda item that groups routine, non-controversial
items together for approval or consideration. The consent agenda is a tool for streamlining the
process for meetings and saving time. Consent items are typically not discussed in open session,
so it is essential that PRAB members review consent agenda items before the meeting. Consent
agendas can include approval of meeting minutes, approval of the agenda for the current meeting,
appointment of a PRAB member as provisional member on the agenda committee, or action items
that have been discussed at length in a past meeting, among other things.
The chair shall ask for a motion to approve the consent agenda, at which point a member
may so move. When the motion is seconded, the chair shall call for debate or discussion on the
consent agenda. Any PRAB member may ask for debate or discussion on the consent agenda.
Because consent agendas are typically routine and non-controversial, PRAB members rarely
object to the approval of the consent agenda, though sometimes a member may move that
meeting minutes or agenda item be modified. If such an amendment is proposed, the chair shall
ask for a motion that the consent agenda be approved as amended.
F. Public Comment
Public comment allows members of the public to speak to the board on matters that
concern BPR or PRAB business not otherwise scheduled for a hearing in the agenda. Instructions
for public comment are provided on the PRAB’s web page, which is managed by the City of
Boulder. Speakers must sign up to speak to the board by a certain time before the meeting.
The PRAB may, by majority vote, allow members of the public to speak to the PRAB at a
meeting even if the speaker failed to follow the instructions for public comment. It has been the
practice of the PRAB to allow speakers to address the board even if they fail to follow those
instructions unless the speaker has repeatedly failed to follow such instructions.
Following public comment, the chair shall ask for and allow discussion from the board on
any matters raised during public comment. Any member of the PRAB may also ask that BPR staff
address a specific issue raised during public comment. The chair may also, at his or her discretion,
ask that a representative of the Department, usually the Director, to follow up with a specific
speaker or speakers concerning matters raised during public comment.
G. Action Items
Action items are those items upon which the board must act consistent with the City
Charter and City municipal code. As noted, the PRAB may act by voting on a motion or through
approval of a written resolution (see Section __, above).
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The Agenda Committee shall endeavor to ensure that PRAB members are made aware at
a prior meeting that an action item is forthcoming and further ensure that the PRAB has sufficient
opportunity to discuss and obtain information and recommendations related to any such action
item. BPR staff typically present to the PRAB information and recommendations related to such
action items, and PRAB members are given the opportunity to ask for additional information and
recommendations from staff. Any PRAB member who feels as if they are not adequately informed
on a specific action item may abstain from any vote on that action item.
While public hearings on action items are discretionary, in the interests of transparency
and accountability to the community, the PRAB shall hold public hearings prior to voting on an
action item concerning Sections 160(a), (b), (c), and (d) in the City Charter.
Following presentation from staff and public hearing, the chair shall call for a motion on
the action item and ask for debate (or discussion) on the motion. The exact language of the motion
shall appear in the meeting minutes.
Any member of the PRAB may move, preferably at the beginning of the meeting, to add
an action item to the agenda. If such a motion is made, the chair shall call for debate on the
motion. An action item may only be added to the agenda during a meeting if a majority of the
PRAB votes in favor of the motion to add the item.
H. Matters from the Department
“Matters from the Department” typically includes a summary update from BPR on key
priorities for BPR, including a summary of upcoming work, events, and collaborative activities. For
expediency, BPR staff prepare a written update for the PRAB that is included in the meeting
packet, though staff may elaborate on key items during the meeting if, for instance, that item
involves PRAB’s input or guidance.
During this segment of the meeting, the PRAB, by majority vote, may move to request
additional information or recommendations from BPR on a matter or matters discussed. Individual
members may, without a motion, provide comment to BPR on a matter presented by BPR.
As noted, under Section 155(d) and 160(f) of Article XI of the Charter, the PRAB may, by
majority vote, request information and recommendations from the Department on any park and
recreation matter not otherwise specified in the Charter. The Department may, in its discretion,
provide such information or recommendations and, if necessary, shall ensure that the Agenda
Committee sets an agenda item for such information or recommendations.
I. Matters from the Board
“Matters from the Board" is an opportunity for board members to share their thoughts on
issues or matters involving the PRAB or BPR’s work. This could include: feedback for staff on park
and recreation facilities, interactions with the public, providing the PRAB with an update on work
for a collaborative committee, requests for agenda items at future meetings, and so on. PRAB
members are not required to speak during this segment.
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If, during this segment of the meeting, a PRAB member wishes to add an agenda item for
a future meeting, or to be considered for addition by the agenda committee, the member shall
request that the Agenda Committee (see Section J, below) add the item to a future agenda.
J. Agenda Committee
The agenda committee is composed of the chair, vice-chair, BPR Director, and any BPR
staff necessary to set future agendas. If the PRAB chair or PRAB vice-chair cannot attend an agenda
committee meeting, the absent committee member shall request that another PRAB member be
appointed as a provisional agenda committee member, and the accepting board member shall
serve as provisional agenda committee member for so long as the absence shall last.
The agenda committee usually meets on a weekday following the most recent PRAB
meeting to set the agenda for the following meeting or meetings.
The agenda committee typically receives a draft agenda from the BPR Director.
The agenda committee sets the agenda for the PRAB as a body; thus, PRAB officers, or
provisional members, shall endeavor to advocate for the interests of the PRAB as a whole when
setting the agenda.
In helping to set the agenda, PRAB officers shall prioritize agenda items requiring PRAB
action or recommendations consistent with the City Charter and municipal code.
The agenda committee shall also set the meeting location if the PRAB is holding physical
or hybrid meetings.
K. Role of BPR During Meetings
The Parks and Recreation Department prepares meeting packets containing the agenda
and any materials necessary for the meeting. Meeting packets are typically provided the
Wednesday before Monday meetings.
Packet materials should clearly articulate the subject on which PRAB’s action or input is
sought and why the PRAB’s involvement is necessary or requested. Packet materials should be
provided with enough time before a meeting for PRAB members to sufficiently review the
materials and prepare for each meeting.
Packet materials shall endeavor to provide objective information for PRAB’s consideration.
When alternatives are proposed, BPR shall present and explain the range of alternatives and, if
appropriate, BPR staff’s recommended course of action.
Further, BPR provides notice of PRAB meetings as provided in B.R.C. 2-3-1(b)(5).
L. Other Meetings
The PRAB may hold meetings other than the monthly business meeting. Such meetings,
typically referred to as “special meetings,” shall be called by PRAB by a majority vote on a motion,
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which shall include the time, place, and format of the meeting. Such meetings are subject to the
Open Meetings Law discussed above and may be study sessions, working meetings with BPR and
PRAB, or other meetings as needed.
M. Parliamentary Procedure
Except as provided in these rules or in the City Charter or municipal code, all matters of
procedure are governed by the current edition of Robert’s Rules of Order.
IV. AMENDING AND REVIEWING THESE RULES
This Handbook and the rules therein may be amended by a majority vote of PRAB members
so long as the City Attorney representing PRAB reviews and approves. Any proposed changes must
be provided in writing to the PRAB and to the Office of the City Attorney at least fifteen days
before the meeting at which the vote to amend is taken.
All PRAB members, now or existing, shall review this Handbook annually to maintain
familiarity with the contents of this Handbook, to assess the appropriateness of the rules therein,
and to evaluate if any amendments to the Handbook are needed.
V. RESOURCES
City of Boulder Charter
City of Boulder Revised Code (Municipal Code)
BPR Web Page
PRAB Web Page
Colorado Open Meetings Law
Colorado Open Records Act
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MEMORANDUM
TO: Board and Commission Members
FROM: Teresa Taylor Tate, City Attorney
SUBJECT: Public Meetings; Open Records; Boulder’s Code of Conduct
DATE: April 1, 2022
Introduction
The City of Boulder relies heavily upon the members of the community who
volunteer to work on its boards and commissions. Those who devote their time to
service on these bodies are much appreciated. However, even though board and
commission members are volunteers, they are also appointed city officials. As a result,
a number of state and local laws apply to them, and violation of those laws can have
serious consequences. This memorandum attempts to summarize important provisions
of those laws.
Role of Boards and Commissions
Boards and Commissions serve an important role advising the City Council. It is
important to remember that the council is charged with making policy. The role of
Boards and Commissions is to provide expertise and background on areas with their
scope of responsibility. Council members pay close attention to the views expressed by
the various Boards and Commissions. It is the City Council, however, that makes
policy. Boards and Commissions are not expected to initiate policy changes, but to
advise the City Council when changes might be needed. Some Boards and
Commissions have additional responsibilities beyond the advisory role that are
described in City Charter and the Boulder Revised Code. They include delegated
decision-making authority over specific governmental decisions.
Open Meetings Law
The Open Meetings Law requires that all meetings of public bodies be open to
the public. “Meetings” are defined to include “any kind of gathering convened to discuss
public business, in person, by telephone, electronically, or by other means of
communication.” § 24-6-402(1)(b), C.R.S.
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Whenever three or more members (or a quorum of the members, if fewer than three) of
the “local public body” get together and public business is discussed or formal action
may be taken, the gathering is a “meeting” and open to the public.
• Notice for Public Meetings
Members of the public cannot exercise their right to attend open meetings unless they
know that meetings will occur. Therefore, the Open Meetings Law requires that the
public must receive “full and timely notice” of any upcoming meeting. The statute
prescribes the notice requirement as follows:
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.…
The statute does not explicitly limit the kind of notice that is legally sufficient. However,
it approves the practice of posting notice in a designated public place at least twenty-
four hours before the meeting. In practice, in addition to posting a notice in the Municipal
Building, the city publishes meeting dates in the Daily Camera and on the internet.
• Public Meetings and Electronic Mail
It is not uncommon for groups to make decisions by email or other means of electronic
communication. However, in the government context an exchange of email messages
or discussion via Facetime or Zoom can violate the Open Meetings Law. That is
because if board or commission members engage in an electronic email discussion, a
court may rule that they have engaged in a non-noticed public meeting. Under
Colorado law, the public has a right not only to see a decision being made, but also to
witness the process through which the decision is reached.
Usually, no open meetings problem exists if only two board or commission members
communicate. Under state law, a meeting occurs when more than two members of a
public body discuss the public’s business. However, email presents dangers even when
a board or commission member intends an email message to be received by only one
other board or commission member. Because it is so easy to forward electronic mail, or
copy and paste it into a new message, an email author can never be certain that the
circulation of his or her message will stop with the original addressee.
The easiest way to deal with this issue is to do business at regularly scheduled and
noticed public meetings. Electronic communications are convenient, but without
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advance planning and a great deal of care, they may run up against the legislative
prohibition on the formulating of public policy in private. Thus, it is best if board and
commission members refrain from discussing substantive matters outside of actual
meetings.
When a member of a board or commission desires to communicate by email with
another board or commission member, a practical step might be to prominently post
within the communication a request that it not be forwarded to any other person. That
may help insulate the sender from any alleged violation of the Open Meetings Law.
However, it is doubtful that such a technique would have any impact upon the issue of
whether the message would be subject to disclosure pursuant to the Open Records Act,
which is briefly described in the next section.
Colorado Open Records Act
The Colorado Open Records Act requires that most documents generated in the
course of government business be made available for public inspection upon request.
The state statute defines “public records” very broadly. They include “all writings made,
maintained, or kept” by agencies of government – including city government.
Electronic files (including email) are specifically included as “documents” under the law.
As a result, almost all messages and documents created by officials during the course
of government process are considered public documents. In fact, there is a specific
provision in state law which mandates that if officials use electronic mail to discuss
pending legislation or other public business among themselves, the electronic mail is
subject to the law. § 24-6-402(2)(d)(III), C.R.S.
On the other hand, not every email produced by a board or commission member is a
public document. Private messages that are not related to municipal business are not
covered by the disclosure law. Also, some documents may be confidential by virtue of
legal privileges. For example, some communications with the City Attorney’s Office
might be covered by the attorney/client privilege.
• Open Records and Home Computers
Under some circumstances, email exchanged between board or commission members
over private email networks may also be subject to disclosure pursuant to the Open
Records Act.
If municipal officials exchange email messages from their home computers that discuss
official city business or that are intended to influence the work of the board or
commission, there is a good chance that those messages will be covered by the law.
That means that if a member of the public requests them, the messages may have to be
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disclosed. If this kind of situation was presented to a court for resolution, the ultimate
decision would probably turn on the nature and purpose of the messages rather than
upon which computer system was used to produce or receive the messages.
Code of Conduct
City staff and members of the city’s many boards and commissions are governed
by the provisions of the city’s Code of Conduct. Those provisions are found in Chapter
2-7, sections 2-7-1 through 2-7-15 of the Boulder Revised Code (B.R.C.). In 2014,
council made significant changes to the Code of Conduct. Council’s goal was to make
the code more accessible and easier to understand.
The purpose of this part of the code is to protect the integrity of city government. The
idea is to prohibit public officials from acting on matters in which they have conflicts of
interest and to establish guidelines that encourage them to avoid any appearance of
impropriety. The Code of Conduct promotes trust in government. This memorandum
summarizes important provisions of the Code of Conduct. However, board and
commission members should read the entire Code of Conduct chapter. Obviously, if
there is any inconsistency between this memorandum and the actual Code of Conduct
language, the Code of Conduct language controls.
• Prohibited Acts
The code provides criminal sanctions for three violations. These are accepting bribes,
profiteering, or using confidential information for financial gain. These prohibitions
appear in section 2-7-2.
• Expectations
The code of conduct establishes ten expectations for city officials and employees.
These expectations can be found in section 2-7-8. These expectations are broken into
ten affirmative requirements and eighteen prohibitions. Section 2-7-8(e) requires
officials and employees to behave as follows:
(1) Strive at all times to serve the best interests of the city regardless of his or
her personal interest.
(2) Perform duties with honesty, care, diligence, professionalism, impartiality
and integrity.
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(3) Strive for the highest ethical standards to sustain the trust and confidence
of the public they serve, not just the minimum required to meet legal or
procedural requirements.
(4) Use sound judgment to make the best possible decisions for the city,
taking into consideration all available information, circumstances and
resources.
(5) Act within the boundaries of his or her authority as defined by the city
charter and code.
(6) Treat colleagues and members of the public professionally and with
courtesy.
(7) Disclose personal or professional relationships with any company or
individual who has or is seeking to have a business relationship with the
city, if the official or employee has any authority to exercise discretion over
the business relationship.
(8) Disclose any benefit he or she will receive from any matter requiring the
exercise of discretion by the officer or employee.
(9) Use city resources, facilities and equipment only for city purposes, except
for reasonable incidental personal use that does not interfere with city
business.
(10) Disclose waste, fraud, abuse and corruption to appropriate authorities.
As you can see, council has incorporated some of the general concepts from the conflict
of interest rules into the expectations section. That is, there is now an expectation that
the official or employee will disclose relationships or benefits arising from a transaction.
Section 2-7-8(f) prohibits officials or employees from doing any of the following:
(1) Advocate or support any action or activity that violates a law or regulatory
requirement.
(2) Use his or her position or decision-making authority for his or her benefit.
(3) Expend city funds for his or her personal use or benefit.
(4) Misrepresent known facts in any issue involving city business.
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(5) Exercise authority or discretion in any matter in which he or she will
benefit as a result of that exercise of authority or discretion.
(6) Use city resources, facilities or equipment for personal profit, for outside
business interests or to access any inappropriate material, except if
viewing such material is a necessary and proper part of their duties.
(7) Participate in any decision to appoint, hire, promote, discipline or
discharge a relative for any position with the city.
(8) Supervise a relative in the performance of the relative's official powers or
duties.
(9) Compel or induce a subordinate municipal officer or employee to make, or
promise to make, any political contribution, whether by gift of money,
service or other thing of value.
(10) Act or decline to act in relation to appointing, hiring or promoting,
discharging, disciplining, or in any manner changing the official rank,
status or compensation of any employee, or an applicant for a position,
including appointment to a board or commission, on the basis of the giving
or withholding or neglecting to make any contribution of money or service
or any other valuable thing for any political purpose.
(11) Solicit or accept anything of value from anyone doing business with the
city.
(12) Solicit or accept employment from anyone doing business with the city,
unless the official or employee completely withdraws from city activity
regarding the party offering employment.
(13) Use his or her public position to obtain a benefit for the official or
employee, a family member, or anyone with whom the official or employee
has a business or employment relationship.
(14) Vote, authorize, recommend, or in any other way use his or her position to
secure approval of a contract (including employment or personal services)
in which the official or employee, a family member, or anyone with whom
the official or employee has a business or employment relationship, has
an interest.
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(15) Use, or authorize the use of, his or her title, the name "City of Boulder," or
the city's logo in a manner that suggests impropriety, favoritism, or bias by
the city or the official or employee.
(16) Use, or authorize the use of, his or her title, the name "City of Boulder," or
the city's logo in a manner that suggests or implies that the city supports
or opposes a candidate or ballot measure, except that public officials
may identify themselves and their position as public officials
supporting or opposing candidates or ballot measures.
(17) Use, or authorize the use of, his or her title, the name "City of Boulder," or
the city's logo in for personal profit or advantage.
(18) Use city resources, facilities or equipment to support or oppose any
political candidate or ballot measure.
It is important to note that the code formerly prohibited board and commission members
from identifying themselves as such in political endorsements. Council decided to
remove this prohibition. Section 2-7-8(f)(16) is the relevant section, which is quoted as
number 16 above.
• Limitations on Accepting Gifts
The code provision about gifts appears in section 2-7-4.
The basic rule for board and commission members is that an appointee (or any relative
of such an official) may not accept anything of value if:
(1) The official 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.
Questions that arise in this area generally involve a list of items that are not considered
gifts for purposes of the code. Section 2-7-5 (b) contains the list as follows:
(1) Campaign contributions permitted by law;
(2) An unsolicited, occasional non-pecuniary gift of a maximum amount of
$65.00 or less in value;
(3) A gift from a relative;
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(4) An award, publicly presented, in recognition of public service;
(5) Reasonable expenses 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 provided that if travel expenses are paid:
(A) The travel is for a legitimate city purpose;
(B) The travel arrangements are appropriate to that purpose;
(C) The expenses paid are for a time period that is no longer than
reasonably necessary to accomplish the business that is its
purpose;
(D) The public official or public employee who will be traveling is not
currently, was not in the recent past, and will not in the
reasonably foreseeable future, be in a position to take direct
official action with respect to the donor;
(E) Prior to travelling, the public official informs the city council or the
employee informs the city manager of the name of the party
paying for the travel expenses and the reason for the travel; and
(F) After completing the travel, the public official reports compliance
of the first four conditions to the city council and the public
employee reports compliance with the first four conditions to the
city manager;
(6) Items which are similarly available to all employees of the city or to the
general public on the same terms and conditions; and
…
The obvious intent of these provisions is to avoid actual or the appearance that special
treatment from our local government can be purchased. Accepting gifts by government
officials can be very problematic and it is strongly suggested that board and commission
members who have any questions in this area contact the City Attorney’s Office for
specific feedback and suggestions.
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• Conflicts and Outside Employment
Section 2-7-5 sets out some rules about outside employment. Under those rules, board
and commission members are not to take official action with respect to a former
employer for at least six months after they leave the job in which they worked for that
employer.
Also, board and commission members are supposed to report existing or proposed
outside employment or business interests that may affect their responsibilities. This
notice must be in writing to the City Council.
Within thirty days after accepting a new job or business opportunity, board and
commission members are to report any changes of employment or changes to outside
business interests that may affect their responsibilities to the city.
• Limitations on the Participation of Former Officials
For twelve months following termination of office or employment, no former official may
appear before, or participate in, the proceedings of a city board or commission on which
he or she was a member. However, this limitation may be waived by the City Council.
• Limitations on Litigation by Former Appointed Officials
No former official may bring a lawsuit against the city or participate in a lawsuit in which
the city is involved on behalf of any other person or entity if the litigation involves a
matter upon which the person took official action during his or her service. This rule
applies for twelve months following termination of service with the city.
• Employment of Relatives
Generally, a board or commission member may not advocate for the appointment or
hiring by the city of someone who is his or her relative. However, board and
commission members may request the City Council to make such an appointment.
Also, it is permitted for the city to enter into transactions with companies, corporations or
other business organizations that employ a relative of a city official if:
(a) The board or commission member does not participate in the hiring
decision;
(b) Any business organization involved is a publicly traded corporation that
provides its services to the city on nondiscriminatory terms justified by the
market facts and circumstances of each transaction; or
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(c) The business organization has been doing business with the city for at
least one year prior to the date the city official’s relative became employed
by it and the board or commission member’s relative is not directly
employed to work on matters involving the city and his or her
compensation is not tied to the success of the outside business
organization in obtaining business from the city.
• Prohibition on Representing Others Before the City
The general rule is that members of boards and commissions are not allowed to
represent others in front of the board or commission on which they serve or before the
City Council. It may, under some circumstances, also be improper for members of
boards and commissions to represent others in front of other city groups or bodies. This
is an important rule and if it is violated, violators may be removed from their board or
commission or could even be criminally prosecuted.
Because this rule can be somewhat complicated in application, members of boards and
commissions are urged to seek guidance from the City Attorney’s Office before they
represent another party before a city entity.
• The Manner in Which a Board or Commission Member is Supposed to Remove
Him or Herself from Consideration of a Matter
There is a formal procedure that a board or commission member should use when that
member feels that he or she has a conflict of interest or that there would be an
appearance of impropriety if he or she participated in a particular decision. § 2-7-10,
B.R.C.
Under these circumstances, the board or commission member should either provide
written notice of the conflict or disclose the conflict of interest on the record of a public
meeting of the board or commission on which the person is a member. Then, the board
or commission member must:
(a) Refrain from voting upon or otherwise acting in an official capacity with
regard to the transaction giving rise to the conflict or appearance of
impropriety;
(b) Physically absent himself or herself from the room in which the matter is
being considered; and
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(c) 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.
Conclusion
As noted earlier, some of the issues discussed in this summary can get a bit
complex in specific situations. Therefore, new board and commission members are
invited to set up an appointment with representatives of the City Attorney’s Office to
discuss these and related matters in more depth.
Attachments:
Excerpts of the Boulder Revised Code
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