Professional Documents
Culture Documents
AGENDA
All agenda �mes are approximate Boulder Parks & Recrea�on
I. APPROVAL OF AGENDA (6:00) Advisory Board Members 2018
II. FUTURE BOARD ITEMS AND TOURS (6:01) Tom Klenow (Chair)
III. PUBLIC PARTICIPATION (6:03) Jennifer Kovarik (Vice-Chair)
This por�on of the mee�ng is for members of the public to communicate ideas or concerns to Allison Fronzaglia
the Board regarding parks and recrea�on issues for which a public hearing is not scheduled later Mary Sco�
in the mee�ng (this includes consent agenda). The public is encouraged to comment on the need
for parks and recrea�on programs and facili�es as they perceive them. All speakers are limited to Raj Seymour
3 minutes. Depending on the nature of your ma�er, you may or may not receive a response from Valerie Yates
the Board a�er you deliver your comments. The Board is always listening to and apprecia�ve of Pamela Yugar
community feedback.
LEGEND
Procedural Item: (p): An item requiring procedural a�en�on
Consent Item (c): An item provided in wri�en form for consent, not discussion by the Board; any consent
item may be called up by any Board member for discussion during the ma�ers
from the department
Ac�on Item (a): A public hearing item to be voted on by the Board (public comment period provided)
Disc/Info Item(d/i): An item likely to become a future ac�on item (or council item) and/or that benefits from
an in-depth presenta�on of background, financial/social/environmental impacts, public
process, staff analysis and next steps (e.g., presenta�on of major project ini�a�ve)
Ma�ers from Dept (md): Items that will be reviewed and discussed during the mee�ng but not requiring the level
of in-depth analysis of an ac�on or discussion/informa�on item
Ma�ers from the Bd (mb): Items ini�ated by the Board that will be reviewed and discussed during the mee�ng but
not requiring the level of in-depth analysis of an ac�on or discussion/informa�on item
COMMUNITY TOUCHES - The City has recently been working on an update to the calendar of all city events
for community use. Please view the calendar online for all of the latest updates for upcoming events. We are
encouraging staff and the community to be aware of and use the new tool.
h�ps://bouldercolorado.gov/calendar
The event list can be filtered to see only Parks and Recreation events by choosing ‘Recreation’ from the dropdown
menu at the top of the page, and then clicking on the submit button.
If you would like more information about any of the events, just use the link above and select the event you are
interested in. Additional information will appear at the botton of the page with a link directly to the event web page.
Below is a sample of what you will see, once filtered. For live links or the most up to date information, please use the
link above.
Construction
The following projects are scheduled for construction, under construction or have been
recently completed. For additional details please visit www.BoulderParkNews.org.
Natural Lands
The following projects, focused on habitat and wildlife management in an urban environment,
are currently being managed by the Urban Resources staff:
• Integrated Pest Management (IPM): The IPM and Conservation Crew continues to
control state listed noxious weed species, particularly in areas previously closed for the
protection of wildlife species of special concern. Areas treated include, but are not
limited to, the Dry Creek, Little Dry Creek East and West natural areas around the
Boulder Reservoir and the Tom Watson Park natural area.
The Prairie Dog Working Group’s Phase 2 Recommendations, shared with the PRAB at
the August 27, 2018 meeting, were presented with minor modifications to City Council
on October 16, 2018. The information presented can be accessed by going to page 352
of the October 16 council packet.
C. Operations Update
Megann understands the “power of the team” and is eager to build upon her experiences in
leading the NBRC, centers teams, and Learning and Growth matrix teams to support new teams
and teammates. Megann holds a Bachelor of Science in Recreation Administration with a minor
in coaching and is pursuing her Master’s in Public Administration. Through her graduate
program, Megann regularly devotes research opportunities and coursework to addressing
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
department questions, such as how to best support employee engagement or how to enhance
customer service.
Megann’s immediate priorities include supporting the development of the division’s 2019 work
plans and the department’s efforts to fulfill grants awarded by the Health Equity Advisory
Committee for 2018 and 2019.
Snow Operations
In preparation for winter, staff is readied to support the community for snow events, such as what
was experienced on October 7th. For each snow event, over 30 department staff report in shifts
to support snow removal on major transportation corridors (such as the Boulder Creek Path) and
at city facilities (including recreation centers, the Pearl Street Mall, and sidewalks adjacent to
park) to perform approximately 77.7 acres (58 NFL football fields) of shoveling and plowing.
Staff is committed to meeting city standards for snow removal as well as providing safe and
accessible means of transport throughout our community. Other snow removal details performed
by department staff include:
This item was moved to after the Discussion/Information Item on the same topic.
Motion to approve the Agreement to Contract for Boulder Creek Festival® Production
Services and authorize the City Manager to make minor amendments prior to or during
the term of this agreement to ensure that the Boulder Creek Festival® is managed in a
manner that is consistent with applicable laws and the goals, policies and regulations of
the City of Boulder.
• Appreciation for the hard work and difficult decisions made by staff.
_________________________ ________________________
AGENDA TITLE: Public Hearing and Consideration of a Motion to approve the Parks
and Recreation Advisory Board’s recommendation to City Council concerning the
conveyance of two permanent easements on City park land (Scott Carpenter Park),
pursuant to City Charter Sec. 162, to the proposed grantees for operation of an irrigation
ditch.
PRESENTERS:
Yvette Bowden, Director, Parks and Recreation Department
Alison Rhodes, Deputy Director
Jeff Haley, Planning, Design and Community Engagement Manager
Doug Godfrey, Parks Planner, Parks and Recreation Department
Joanna Bloom, Source Water Project Manager, Public Works
EXECUTIVE SUMMARY:
The purpose of this item is to request approval for the conveyance of two permanent irrigation
ditch easements in Scott Carpenter Park (SCP). The city needs to relocate a section of the pipe
through Scott Carpenter Park to accommodate the pool renovation and park improvements. The
University of Colorado (CU), which owns shares in both ditches, desires to re-establish irrigation
of their East Campus property with irrigation ditch water. A new pipe from Scott Carpenter Park
and under 30th Street is needed to deliver irrigation ditch water to East Campus (Exhibit A).
Both the relocation of the existing ditch (“Combined Ditch Relocation”) and the re-establishment
of an irrigation line to the east side of 30th Street (“Extension”) require that the city grant
easements for maintenance and operations access to the ditch water users.
BACKGROUND
The PRAB approved the concept plan for the redevelopment of Scott Carpenter Outdoor Pool
(Attachment B) in January 2017. In November2017, the Boulder community passed an
extension of the Community, Culture, and Safety (CCS) tax that provided additional funds –
above the approved Capital Improvement Program (CIP) – for the redevelopment project. The
project includes renovations to the existing bathhouse to meet current building codes and
standards for accessibility. An addition to the existing bathhouse to accommodate additional area
for locker rooms, family changing rooms, exterior bathrooms, and a dual-facing concession
space is also proposed. The existing 50m lap pool will be enlarged from six lanes to 10 lanes to
accommodate 75ft x 50m swimming. Leisure elements including slides, a diving board, a lazy
river and a splash pad will accommodate a wide range of age groups and interests.
The extension from the existing ditch across 30th Street is desired by CU, a McCarty and Smith
& Goss Ditch shareholder, for the future irrigation of approximately 13 acres of land east of 30th
Street.
The Department originally brought this item before the PRAB in February 2018. The item was
delayed allowing for ongoing negotiations between the city and the Water Users regarding the
Combined Ditch Relocation and Extension.
ANALYSIS:
An easement is required to meet maintenance and operation needs of the Smith and Goss Ditch
and McCarty Ditch water users. During the February 2018 discussion, staff clarified that this
easement does not impact park, aquatic or facility operations in any way. The easement will not
impact the current location of the ball field fence line. The conveyance of an easement is
considered a disposal of park land and per City Charter Sec. 162, disposal of park land requires
review and approval from the PRAB, a non-binding recommendation from Planning Board and,
per Section 2-2-8 of the Boulder Revised Code (B.R.C. 1981), “Conveyance of City Real
Property Interests”, City Council approval is required for conveyance of any interest in any city
real property. Section 162 states that park lands may be disposed of by the City Council, but only
with the affirmative vote of at least four members of the Parks and Recreation Advisory Board
(PRAB).
The City is currently in the process of finalizing an agreement with the Ditch Water Users. The
agreement will address the easements associated with the Combined Ditch Relocation and the
ditch Extension, maintenance responsibilities and construction responsibilities. The City will not
convey the easements to the Ditch Water Users until the agreement is finalized and construction
of the relocated Combined Ditch and Extension are complete. The specific legal description for
each easement will be based on as-builts following construction but will be substantially as
depicted in Exhibit A and as described in this memo.
STAFF RECOMMENDATION:
Staff recommends the PRAB approve the recommendation to the City Council concerning the
conveyance of two permanent easements at Scott Carpenter Park.
NEXT STEPS:
• November 15, 2018: Planning Board Public Hearing on the conveyance of easements.
• December 4, 2018: City Council consent item on the disposal of property as permanent
easements.
ATTACHMENTS:
Exhibit A: Illustrative plan of existing and proposed Combined Ditch Relocation and
Extension
Attachment B: January 2017 approved concept plan for Scott Carpenter Outdoor Pool
Attachment C: Engineered plans and details for Combined Ditch Relocation
# # # # #
Boulder Creek
#
Ditches
# # # Relocation
! ! ! Extension Relocation CU East
Campus
Extension Easement
Extension
Scott Carpenter
Park
! ! ! ! ! ! !
ch Mc
o c k D it Ca
e R r ty
nd W hit Di "Combined Ditch"
d er a tc h
? Bo u l /
Smith and Goss Ditch
######
# # ##
12th St.Headgate
Start of "Ditch" Outfall to Creek
Bo u ld er Creek
0 0.25 0.5
!!!
+
Miles
OVERALL CONCEPT PLAN
ATTACHMENT B
LEGEND
Amenity PROJECT GOALS MET
POOL DECK Balance Lap Swimming Needs with
Open Swim Availability
POOLS - 10 lane 50m converts to 21 lane,
25yd lap swim with bulk head
GRASS AREA
A - Building allowing for flexible use
ENGINEERING
J LB CONSULTANTS
SCOTT CARPENTER
BATHHOUSE
BOULDER, CO 80303
1505 30TH ST.
LEGEND OF SYMBOLS
ISSUE:
TECH DOCS
DATE:
10/15/2018
REVISIONS:
DRAWN BY:
DSS
REVIEWED BY:
JLB
PROJECT #:
1442
JLB DRAWING TITLE:
SITE LAYOUT - WEST
SL1
SHEET #:
C201
Attachment C
ENGINEERING
J LB CONSULTANTS
SCOTT CARPENTER
BATHHOUSE
BOULDER, CO 80303
1505 30TH ST.
LEGEND OF SYMBOLS
ISSUE:
TECH DOCS
DATE:
10/15/2018
JLB REVISIONS:
DRAWN BY:
DSS
REVIEWED BY:
JLB
PROJECT #:
1442
DRAWING TITLE:
SITE LAYOUT - EAST
SL2
SHEET #:
C202
685 S. ARTHUR AVE., UNIT 12-B
LOUISVILLE, CO 80027
P/F: 303.952.5080
www.essenza-arch.com
C ESSENZA ARCHITECTURE, LLC 2017
ENGINEERING
J LB CONSULTANTS
SCOTT CARPENTER
JLB
BATHHOUSE
BOULDER, CO 80303
1505 30TH ST.
JLB
ISSUE:
TECH DOCS
DATE:
10/15/2018
REVISIONS:
DRAWN BY:
DSS
REVIEWED BY:
JLB
PROJECT #:
1442
DRAWING TITLE:
PLAN AND PROFILE -
MCCARTY DITCH
SDPP1
SHEET #:
C402
R
ENGINEERING
J LB CONSULTANTS
SCOTT CARPENTER
JLB
BATHHOUSE
BOULDER, CO 80303
1505 30TH ST.
ISSUE:
TECH DOCS
DATE:
10/15/2018
REVISIONS:
DRAWN BY:
DSS
REVIEWED BY:
JLB
PROJECT #:
1442
DRAWING TITLE:
PLAN AND PROFILE -
STORM DRAIN
SDPP2
SHEET #:
C403
CITY OF BOULDER
PARKS AND RECREATION ADVISORY BOARD AGENDA ITEM
PRESENTERS:
Yvette Bowden, Director, Parks and Recreation Department
Alison Rhodes, Deputy Director, Parks and Recreation
Jeff Haley, Planning Design and Community Engagement Manager
Margo Josephs, Community Partnerships and Outreach Manager
Keith Williams, Regional Facilities Manager
Stacy Cole, Boulder Reservoir Manager
EXECUTIVE SUMMARY:
This item provides the Parks and Recreation Advisory Board (PRAB) with information
concerning the proposed lease and operation of the café to be constructed in 2019 at the Boulder
Reservoir as part of the Boulder Reservoir Visitors Center redevelopment project. Resulting from
a competitive process, this public-private partnership opportunity was developed over the course
of several months with the preferred operator, Spice of Life Catering LLC, a Boulder-based
award-winning catering and special events company. The parties have negotiated in good faith
and propose a lease with a term of August 1, 2019 – December 31, 2023 as further described in
this document.
Over several years, the department has explored and documented asset deficiencies at the
Boulder Reservoir which are more fully described in the Boulder Reservoir Master Plan
and department capital improvement plans (2012-2018). In 2016, staff implemented first
phase improvements at the property including close to $1M in infrastructure improving
site safety, access and sustainability along the site’s northern corridor.
The Concept Plan includes an improved and accessible south beach area with replaced
bathing facilities, a patio with shade areas and café as well as identified future
improvements such as an inclusive play area, boardwalk and potential event space. A
limited $3.4M department investment has been included in the department’s 2018-2023
capital improvement plan supplemented by an ongoing capital campaign being conducted
by the department’s nonprofit partner, the PLAY Boulder Foundation, toward inclusion
of the inclusive play amenity, shade areas and the accessible boardwalk.
In August 2016, the department hosted a listening session seeking feedback regarding
potential public-private partnership opportunities at Boulder Flat Irons Golf Course, the
Civic Area and, most pertinent to this memo, the Boulder Reservoir. The listening
session invited area commercial retail developers and hospitality, brewery, catering and
food and beverage companies to give input as to ways future city capital improvement
efforts might include third-party partnership opportunities enhancing site visiting
experiences and aiding in the financial sustainability of site operations. During the
listening session, staff was able to identify widely-held perspectives and topics of interest
to prospective partners including property ownership, capital expenses and construction
responsibility, revenue share expectations, parking, branding, alcohol licensure, and
public access expectations. As aligned with the community supported Concept Plan, staff
initiated a process to identify a suitable vendor in exploring the Boulder Reservoir
Visitors Center café as a public-private partnership opportunity.
ANALYSIS:
Following PRAB’s approval of the Concept Plan, the department considered whether the
envisioned café/concession amenity might be more efficiently and sustainably operated
by the department or a third-party operator. Staff’s discussion considered:
AGENDA ITEM - DISCUSSION
• Hospitality experience (including events management);
• Experience in the culinary concepts, preparation, service and management of a
food/beverage business;
• Implications regarding the potential service, sale or consumption of alcoholic
beverages on site (including the management and supervision of TIP-certified
bartenders);
• Experience with the construction, design, furnishing, operation and maintenance
of a commercial kitchen or food service facility; and
• The extent of anticipated city capital and operational expenses.
Staff ultimately determined that third-party operation was preferred and might take the
form of a mutually beneficial public-private partnership opportunity. A Request for
Information solicitation (RFI No. 34-2017 – Attachment A) was developed and issued
through the city’s purchasing department on May 5, 2017 seeking concepts from
potentially interested entities. That document was subsequently refined as a Request for
Qualifications again published by the city’s purchasing department on November 17,
2017 (RFQ No. 121-2017 – Attachment B). The RFQ was timely and qualitatively
responded to by two organizations, one of which subsequently withdrew interest upon
further exploration of city investment expectations. The other organization, Spice of Life
Catering LLC (SOL), has been deemed qualified by staff and was invited to participate in
formal negotiations which resulted in the Lease Agreement that is the subject of this
discussion item.
Under the negotiated terms of the agreement, the café would remain a City of Boulder
property and department asset. The parties have negotiated in good faith over the course
of several months developing a mutually beneficial model for the completed development
and ongoing operation of the café thereafter. As the negotiated terms call for a
significant SOL investment in impermanent infrastructure and anticipates SOL
application seeking premises specific licensure authorizing on-site sale, service and
AGENDA ITEM - DISCUSSION
consumption of alcoholic beverages, staff has recommended that the agreement be in a
Lease format beyond the one-year term thereby requiring PRAB support. As the facility
is still to be constructed, the proposed lease includes intent language addressing critical
commitments of the parties prior to receipt of certificate of occupancy for the project’s
capital improvements.
The parties have agreed to a term of five (5) years with an option of two three (3) year
renewal periods for a total possible length term of eleven (11) years as the parties might
subsequently agree in writing. The parties have further developed a mutually beneficial
revenue and expense share model preserving the visiting public’s use and achieving other
tenets of the department Master Plan. An overview of the proposed terms follows and is
more fully described in the draft Agreement (Attachment C).
• Café Ownership - City of Boulder
• Capital investment – City of Boulder (construction and fixed infrastructure) SOL
to provide impermanent kitchen infrastructure.
• Seasonal Operation (May-September annually throughout the Term)
• Supplemental Hours and operation as the parties might agree in writing
• Rent and Common Area Maintenance fee charged to and paid by SOL monthly
each Season during the Term
• Exclusivity – Café operations and services anticipated by this agreement are
confined to the Café and patio area of the Boulder Reservoir Visitors Center
project. Exclusive of alcohol licensure, if and as awarded, the city reserves the
right to contract with other entities to provide food and nonalcoholic beverage
services elsewhere on the reservoir property and offseason.
SUSTAINABILITY IMPACT:
The proposed Lease Agreement aligns with city sustainability requirements and will
support zero waste initiatives.
FISCAL IMPACT:
The Lease Agreement increases and stabilizes anticipated department revenues related to
site concessions while providing a beneficial business opportunity for the Lessee. In
addition to more than doubling the seasonal concession related revenues derived by the
department compared to prior arrangements, this Lease Agreement more sustainably
addresses the costs of common area maintenance, creates city passive income opportunity
and supports the city general fund through anticipated retail sales tax revenues generated
by the Lessee.
AGENDA ITEM - DISCUSSION
Through this discussion item and in anticipation of bringing a related Action Item before
PRAB in November 2018, PRAB will be asked to provide advisory input for the
department related to the aforementioned community engagement, selection and
negotiation processes as well as input regarding the terms of the proposed lease
agreement.
NEXT STEPS:
November 2018 PRAB Action Item (Lease – Boulder Reservoir Café/Spice of Life)
December 2018 City Council Item on Consent/Heads Up
2019 Facility construction
Attachments:
A – Request for Information No. 34-2017 (Boulder Reservoir Concession/Café)
B – Request for Qualifications No. 121-2017 (Boulder Reservoir Concession/Café)
C – DRAFT Lease Agreement between City of Boulder and Spice of Life LLC - Boulder
Reservoir Café
TABLE OF CONTENTS
Contents
TABLE OF CONTENTS .............................................................................................................................. 2
NOTICE OF REQUEST FOR INFORMATION.......................................................................................... 3
SPECIFICATIONS ....................................................................................................................................... 4
Context for the RFI: .................................................................................................................................. 4
Objective of RFI ....................................................................................................................................... 5
Current Development Plans – Boulder Reservoir Visitor Services Center ............................................... 5
Public-Private Partnership (PPP) Frameworks ......................................................................................... 6
Site Characteristics for Business Case Development: .............................................................................. 6
RFI Deliverables/Packet for Submission: ................................................................................................. 7
CONTACT INFORMATION, SITE VISITS, & FAQ PROCESS: .............................................................. 8
RESPONDENT CONTACT PAGE ............................................................................................................. 9
APPENDIX A: Boulder Reservoir South Shore Concept Plans ................................................................. 10
2
CITY OF BOULDER, COLORADO
RFI # 34-2017
PUBLIC-PRIVATE PARTNERSHIP OPPORTUNITY: BOULDER RESERVOIR
Sealed packets will be received until 2:00 p.m., June 15, 2017 in the office of the Purchasing
Coordinator, 1777 Broadway, Boulder, Colorado.
Sealed packets shall be plainly marked on the outside of the envelope “RFI # 34-2017, Public-
Private Partnerships, 2:00 p.m., Thursday, June 15, 2017”, and addressed to:
Pam Andrus
City of Boulder - Purchasing
P.O. Box 791
Boulder, CO 80306
Hand carried packets (and all non-USPS delivery services) shall be delivered to the Purchasing
Office, 1777 Broadway, Boulder, Colorado 80302. No late packets will be accepted.
A copy of the p a c k e t may be obtained from the Rocky Mountain E-Purchasing (Bidnet)
web site at:
www.bidnetdirect.com/colorado
3
CITY OF BOULDER, COLORADO
RFI # 34-2017
PUBLIC-PRIVATE PARTNERSHIP OPPORTUNITY: BOULDER RESERVOIR
SPECIFICATIONS
This RFI explores development and going-forward operation of a food/beverage/events amenity adjacent
to a City-owned building and on City-owned property to enhance the year-round Boulder Reservoir
visiting experience. Through issuance of this RFI, the City would explore a potential relationship:
leveraging the City’s own timing and capital investment on the property;
potentially involving a long-term lease arrangement of 20-30 years or other negotiable
frameworks encouraging potential partner investment;
revenue-generation activities on a public park site (not unlike the Dushanbe Teahouse or
Chautauqua Dining Hall);
considered use to also include facility rentals; and
potential partner pursuit of liquor licensure on site.
This opportunity can otherwise be identified as “Building D” on the South Shore concept plan attached as
Appendix A, which has been approved by the Parks & Recreation Advisory Board and has been
extensively vetted in the community.
4
with Boulder Parks and Recreation (BPR). The RFI solicits information from the private sector on the
most appealing types of public-private partnership (PPP) agreements at this property given experienced
partner perspectives. With this information, BPR could design a RFP that is reflective of both the private
and public sector interests.
Objective of RFI
BPR is looking for a partner to bring a vision, experience, and capital to the Boulder Reservoir (BR) to
enhance the experience of the visitors through the establishment of an additional facility and service that
furthers BPR’s mission. The first step to forming a PPP at the Boulder Reservoir is to identify the
regional business community’s interest in such a partnership through this RFI. Pending the level of
interest BPR would look to solicit formal bids through a request for proposals (RFP) process later in
2017.
Responses to this RFI should take the following into consideration. BPR is seeking a creative vision from
a private entity, which could entail an events area, restaurant, catering center, additional recreational
options, or other amenities within the public benefit zoning regulations of the location. Essential to any
vision on the site is that the concept strive to meet the major elements of the BPR Mission1. BPR desires
a partner that has had success in marketing and implementing their services in the private market for a
minimum of 5 years and encourages collaboration between multiple businesses with different expertise.
Lastly, BPR is looking for a partner-investor, so this means bringing resources to the table in the form of
capital support. The site offers an immense business opportunity and to help vendors understand the
opportunity and form responses, BPR is providing details below about the benefits of partnering with the
department and vital statistics to mapping out the potential for revenue generation. This RFI process is a
non-binding fact finding effort that is geared toward an efficient ask of information (less than 5-pages)
from interested parties to increase the odds of forming a public-private partnership. The specific elements
BPR is requesting in response to this RFI are listed below.
1
BPR’s Mission Statement: BPR will promote the health and well-being of the entire Boulder community by
collaboratively providing high-quality parks, facilities, and programs.
5
Public-Private Partnership (PPP) Frameworks
There are a wide variety of PPP models. The options listed below are intended to elicit thoughtful and
creative responses from the business community, but the list is not exhaustive and BPR is open to
receiving proposed PPP designs that are not listed below. Considering in proposals that after the building
is constructed BPR is able to contract for up to 20 years or with significant private investment the contract
could be extended to 30 years. Within these timeframes BPR would also expect the agreement to include
vendor interior finish, vendor operations and management of the facility or operations, management, and
maintenance of the facility. The expectation is that each option below would have an annual base rate
and/or revenue share paid to BPR, but the specifics and designs of the agreement would be negotiable
based on the design proposed in responses to this RFI.
1. Capital Cost Share- Under this option, the potential agreement would include the private entity
bringing capital to the design and build phase of the prospective building. The amount and
payment schedule should be presented in relationship to the total cost of the project and roughly a
year build timeline.
2. Upfront In-Kind Services to Support Construction- Under this option, the potential agreement
would include the private entity bringing in-kind services (permitting, construction designs,
construction materials or processes, interior furnishings/work, etc.) to the design and build phase
of the project. Provide some sense of the value of these in-kind services as compared to the
estimated building costs.
3. Lease to Own Structure/Development rights- Under this option, the potential agreement would
include no capital during the design/construction phase but would require an agreement that
establishes a higher annual base rate and revenue share to compensate BPR’s initial investment.
This option could also result in the eventual ownership of the building and development rights of
the location with conditions around use, maintenance, and potential future build-out.
4. Other- As noted above this is not an exhaustive PPP list, so if there is another design to consider
please propose.
6
e. Building Costs: Approximately $1,200,000 inclusive of vendor finish
f. Structure will be ADA compliant
g. Structure should be able to hold roughly 100 people
h. Vendor could be listed as the preferred vendor for the site to serve events
i. 30-40 special events/year; including Ironman and Boulder Triathlon
ii. 200-300 picnics, parties, corporate events, and/or weddings
i. Timeline for Build Completion: Target May 2019 or May 2020
j. Customer Type: boaters, swimmers, exercise enthusiasts, and a wide variety of
individuals/community/educational or corporate events every year.
k. Median Household Income (2015 $): $70,961
l. Gate Entry Fee: $7/adult, $4/child (3-18), $5/Senior (60+)—BPR is willing to negotiate
waiving entry fees for individuals who are using this new site pending the response to
this RFI
m. Current On-Site Concessions (food/non-alcoholic drinks-$2-$12)—management of the
concessions area could also be included in the response to this RFI but this information is
to present current market conditions at the site.
n. BPR is committed to supporting the establishment of a liquor license for the site
o. Free parking
7
CONTACT INFORMATION, SITE VISITS, & FAQ PROCESS:
Contact:
Margo Josephs
Parks & Recreation Department
josephsm@bouldercolorado.gov
303-413-725
Site Visits:
Site visits are available upon request, please reach out to Margo to schedule.
FAQ Process:
All questions regarding this RFI should be directed to Margo Josephs, questions and answers will be
publicly posted one week prior to the close of this RFI on www.bidnetdirect.com/colorado.
8
CITY OF BOULDER, COLORADO
RFI #34-2017
PUBLIC-PRIVATE PARTNERSHIP OPPORTUNITY: BOULDER RESERVOIR
Address of Company
9
APPENDIX A: Boulder Reservoir South Shore Concept Plans
10
11
Attachment B
Telephone: 303-441-3054
Email: greyc@bouldercolorado.gov
Margo Josephs
City of Boulder – Parks & Recreation
TELEPHONE NO. 303-413-7251
JosephsM@bouldercolorado.gov
CITY OF BOULDER, COLORADO
REQUEST FOR QUALIFICATIONS FOR
CONCESSION/VENDOR PARTNERSHIP AT THE BOULDER RESERVOIR
RFQ #121-2017
The City of Boulder is soliciting Statements of Qualifications from qualified food and beverage entities to
invest in and operate a long-term leased space at the Boulder Reservoir property (waterfront area) located
at 5565 N 51st St., Boulder, CO 80301. An opportunity exists for the development and operation of a
café/eatery (indoor/outdoor venue with mountain and waterfront views) and to become the indoor
catering entity for private and special events occurring on the property. This cafe/eatery will
replace and enhance concession offerings on the property welcoming the venue’s estimated 300,000
guests per year.
Timing of this offering is intended to coincide with a scheduled $3.4M City of Boulder capital
improvement project on the property (launching in 2018 and concluding in May 2019 at the beginning of
the facilities high season) which includes replacement of the public restrooms/showers, the concession
amenity and site administrative offices. A financing letter of intent and lease development negotiations
would commence immediately upon selection of the successful entity.
Context for the RFQ
Approved by Boulder City Council in 2014, the Boulder Parks & Recreation Master Plan calls for the
exploration of partnerships providing and enhancing services to the community and sustainability of
Boulder’s urban park assets and programs. Boulder Parks and Recreation (BPR) is pursuing this RFQ
seeking a mutually beneficial on-site food and beverage business relationship at the Boulder
Reservoir. This opportunity is intended to advantageously leverage City of Boulder planned capital
investment of $3.4M (including permitting and construction) at the property.
In 2015, BPR received City Council and Parks & Recreation Advisory Board (PRAB) support for the
initiation of capital improvement planning which would renovate the 35-year old Reservoir Visitor Center
and beach front. The concluded public engagement process informed initial designs for the project and a
concept plan for the site was approved by PRAB in January 2017 (See Exhibit A).
The Boulder Reservoir is in northeast Boulder with a main entrance off 51st Street north of Jay Road.
This amenity caters to a regional visiting population in an increasingly densifying area in Boulder County
(North Boulder and Gunbarrel). The community has expressed a desire for Boulder Reservoir to be
enhanced as a multi-use park with an extended season and more amenities. Qualified entities who might
enter into an agreement with the department are those with prior food service experience who can
leverage this unique opportunity (See Exhibit D). The ultimately successful entity must have the vision
and business skills necessary to maximize the community benefit, visitation experience and economic
potential complimentary to this unique location along the Front Range. The City of Boulder will select the
best overall entity that achieves these goals based on the criteria set forth in this RFQ and through
subsequent negotiations.
Additional information
1. Annual Visitor Gate Entries: 300,000 (regional)
2. Zoning: Public Benefit (City of Boulder Planning review to be coordinated by BPR)
3. Concession/Eatery Building Costs: Approximately $1,200,000 inclusive of selectee finishes
4. Structure will be ADA compliant and comply with all other applicable ordinances
5. Customer Type: Families, boaters, swimmers, exercise enthusiasts, and a wide variety of
individuals/community/educational or corporate events every year. Regular off-season visitation
includes smaller events, cyclists, passive recreationalists and trail users.
6. Median Household Income (2015 $): $70,961
7. Current utilization: 30-40 special events/year (including Boulder Ironman and Boulder Triathlon;
200-300 picnics, parties, corporate events, and/or weddings) attracting 21,000+ patrons
Development Plans – Boulder Reservoir Visitor Services Center
BPR is on schedule to construct a new Visitor Services Center (VSC) at the Boulder Reservoir starting
fall of 2018 and opening in spring of 2019. The new facility will include:
• 7,300 sq. ft. facility with outstanding views of Boulder Reservoir to the east and foothills to the
west;
• A new entry/arrival space and conference room;
• A new bath house and locker room building;
• A reimagined cafe/eatery with indoor/outdoor dining areas; and
• Reservoir staff office space
The envisioned cafe/eatery will be a city-owned property pursuant to applicable zoning and the
establishment’s designation as an “ancillary use” (See Exhibit B). The selected successful entity will
nonetheless play an integral role in influencing venue branding and furnishings (indoor/outdoor).
Investment by the successful entity is sought solely to:
2. Include the following information in the letter as a minimum and highlight these items in bold
letters:
a) Certification that the information and data submitted is true and complete to the best
knowledge of the individual signing the letter;
b) Name, telephone number, and e-mail address of single point of contact for the SOQ
submittal;
c) Current Business License Number; and
d) An original signature in ink, by an authorized principal, partner, or officer of the business
as required by the City.
Provide six (6) hard copies and one electronic copy of the SOQ submittal plainly marked “RFQ No. XX-
2017, Concession/Vendor Partnership at the Boulder Reservoir, December 15, 2017 and mailed in a sealed
envelope to:
Calder Grey
City of Boulder / Purchasing Division
1777 Broadway
Boulder, CO 80306
SOQs will be accepted until 4:00 p.m., Friday, December 15, 2017.
The City reserves the right to reject any or all SOQs and waive any informality therein. The SOQ is
prepared at each candidate's sole expense; becomes property of the City; and therefore a public record.
Exhibit A: Approved Concept Plan
Exhibit B: Café/Eatery Concept
Exhibit C: Infrastructure Investment
Selectee’s Anticipated
Investment (1/3 Structural
Kitchen Cost) + Equipment
and Finish/FFE
$300,000 (minimum)
Exhibit D: Envisioned Terms
Majestic water and mountain views Café/eatery to operate as an ancillary use. Anticipated
(300k+ visitors annually; est. 35 investment amt. $338,680 (1/3structure + equipment)
events/year)
Lease Term Minimum 10 years with renewal option(s)
Subject to PRAB and City Council approval per City Code;
Tentatively scheduled Q2, 2018
Customer Access Gate fee payable by customer Memorial Day through Labor
Day, free during off season; on-site parking available
CAM sharing CAM share to be negotiated based on square footage; City
purchased dumpster
Design, permitting and construction Est. square footage (660 kitchen sq. ft; 200 bar area sq. ft.;
1600 dining sq. ft.)
City to coordinate and pay for facility construction permitting
Rent Below Gunbarrel/Niwot/North Boulder mkt rate through lease
term (escalator after 3 years to be negotiated)
Advertising Benefit City-determined provision of space in the BPR Recreation
Guide, Social Media and website advertising benefit; est.
circulation 40,000; 30,000 social media subscribers/followers
Facility Rental Caterer (indoor and Booking arrangement and fees to be negotiated; Negotiable
fenced portion of patio) preferred vending (outdoor)1 for other events on-site
Attachment C
THIS CONTRACT is made this_ day of ____ 201_ by and between the City of
Boulder, Colorado, a Colorado home rule city (the "City") and A Spice of Life Catering, a
Colorado limited liability company (the "Contractor") (collectively, the "Parties").
RECITALS
A. The City owns and operates the Boulder Reservoir (the "Reservoir") located at
5565 Reservoir Road in Boulder, Colorado.
B. A cafe and patio will be constructed in 2019 at the Reservoir (the "Cafe") the
premises as depicted in Exhibit ___, with an anticipated construction completion date of
August 2019 and an anticipated first full season of operation in 2020.
C. The City desires to provide food and beverage services at the Cafe, available to
visitors using the Reservoir, and such other ancillary use, operation and maintenance of the Cafe
as described in this Contract Contractor is willing and able to prQvide such services.
E. Contractor shall pay rent and community area maintenance ("CAM") fees and
retain all revenues for food and beverage sales at the Cafe and catering through ancillary uses as
set forth in this Contract.
NOW, THEREFORE, in consideration of the promises and obligations set forth below,
the City and Contractor agree as follows:
PRESENTERS:
Yvette Bowden, Director, Parks and Recreation Department
Alison Rhodes, Deputy Director
Bryan Beary, Recreation Manager for District Services
Megann Lohman, Recreation Manager for Programs and Partnerships
Keith Williams, Recreation Manager for Regional Facilities
EXECUTIVE SUMMARY:
The intent of this item is to share the Parks and Recreation Department’s (the department)
2019 approved operating budget and discuss proposed fee increases for the upcoming
year. The Parks and Recreation Advisory Board’s (PRAB) role with fee setting is
advisory, and staff will consider the board’s input carefully in advancing fee adjustments.
BACKGROUND:
In 2014, in partnership with the PRAB, staff developed the department’s fee setting
strategies to align with direction provided in the Parks and Recreation Master Plan
(master plan). The outcomes of the PRAB and staff collaborative efforts are summarized
in the March 2014 PRAB discussion item found here. In summary, to ensure that
resources are focused on community priorities as outlined in the master plan, through fee-
setting staff implement the financial sustainability policies of the master plan. Fees are
based on the actual cost of services provided and through determining the appropriate
amount of subsidy required to support community benefit provided for each service.
On Tuesday, October 16, 2018, City Council accepted the City Manager’s 2019
Recommended Budget. This budget is conservative, reflecting flattening sales tax
collections while addressing community priorities to support department assessments,
comprehensive planning and strategic capital investment to ensure a strong financial
foundation. From the City Manager’s Message, “Boulder has continued its responsive
approach to the economy to enhance community resilience and is well prepared for the
headwinds of flattening retail sales tax revenues and an economically constrained
environment.”
The department’s 2019 operating budget mirrors these priorities. Strategic reductions and
cost control measures allow the department to maintain current assets and support access
for underrepresented populations, while supporting two key capital projects. Both the
At the May and June 2018 business meetings, staff provided updates on the development
of the 2019 budget and the PRAB provided input on 2019 requests and operating
strategies at the September 2018 business meeting. The purpose of this update is to share
final fee recommendations with the PRAB (Attachments A and B).
ANALYSIS:
Fee adjustments are proposed for Boulder Reservoir boat permits as well as for golf
course rounds at the Flatirons Golf Course. Important considerations to note with the
2019 proposed fee adjustments include:
• These fee increases support departmental efforts to align fees with subsidy targets per
master plan direction and provide discounts to youth, seniors and those with low-
income;
• The department will continue to build its financial aid program to promote
accessibility for community members with low-incomes. These efforts continue to be
bolstered by grants from the 2017 Sugary Sweetened Beverage Distribution Tax; and
NEXT STEPS:
Proposed fee increases are included in the 2019 Operating Budget. Staff will consider the
PRAB’s input and coordinate proposed fee adjustments, including outreach to current
users and continued exploration of strategies to increase the value of the department’s
services while aligning fee strategies with master plan direction.
Attachments:
Attachment A - Boulder Reservoir Fees
Attachment B - Flatirons Golf Course Fees
2019 Proposed
2017 Fee 2018 Fee % Increase
Fee
2019
Proposed
2012 Fee 2013 Fee Fees % Increase
9 Holes $ 22.00 $ 22.00 $ 25.00 13.64%
Adult
18 Holes $ 34.00 $ 34.00 $ 38.00 11.76%
9 Holes $ 16.00 $ 16.00 $ 18.00 12.50%
Golf Course Per Senior
18 Holes $ 25.00 $ 25.00 $ 27.00 8.00%
Golf Course Fees Regular Season
Thursday
9 Holes $ 12.00 $ 12.00 0.00%
Junior
18 Holes $ 20.00 $ 20.00 0.00%
9 Holes $ 24.00 $ 26.00 8.33%
Adult
18 Holes $ 35.00 $ 38.00 8.57%
Golf Course Per
9 Holes $ 18.00 $ 20.00 11.11%
Round Fees Friday - Senior
18 Holes $ 28.00 $ 29.00 3.57%
Sunday and Holidays
9 Holes $ 14.00 $ 14.00 0.00%
Junior
18 Holes $ 22.00 $ 22.00 0.00%
In April, staff kicked-off the community engagement phase of the project to consider the options
now available with the house and determine a successful long-term option that is supported by
the community. Typical to any asset within the department’s portfolio, staff must carefully
consider the right approach to the long-term ownership and management of the property based
upon comprehensive community engagement and recommendations from the PRAB and City
Council. More detailed background information and status can be reviewed by accessing the
following links:
Link to previous IP
Staff has compiled a variety of studies and assessments to inform the project, give context to the
community and inform decision-making. The following section provides a brief overview of the
research completed to date and more detailed information will be provided in the upcoming
Information Packet to City Council.
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
Inspection Report
The inspection is a current assessment of exiting conditions of the structure. This report was used
to determine that there were no immediate safety concerns and allowed the department to decide
short-term capital needs versus those efforts that might be addressed once future use is
determined. It also provides information on projected capital needs for repair and maintenance,
not considering historic restoration efforts that were not considered in the inspection. A home
inspection report, dated August 21, 2018, revealed no immediate safety hazards. Many
property features were identified for repair to prevent further deterioration or showing signs of
wear normal for the building’s age. The inspection report is a written evaluation of current
conditions at the time of the inspection. It does provide a level of deficiency but does not
prioritize or provide cost estimates for repairs. In accordance with the report’s findings, no
major repairs or renovations are scheduled while the city’s decision-making process is underway.
The first of a series of stakeholder meetings was held on June 21, 2018 with a public meeting
following on July 12. The stakeholder and public meeting were comprised of many people
interested in historic preservation and residents of the University Hill neighborhood. Direction
for PRAB specifically requested a reach to a broader audience. In conjunction with the in-person
opportunities to discuss the values and options, an online survey was developed to reach the
broader community. The survey was developed to contain a definition of the issue and was
embedded with information and additional links to insure the audience was educated about the
project and could answer survey questions with base knowledge.
Community Survey
The feedback obtained from the survey included participants in the stakeholder and public
meeting along with the broader audience. There were approximately 50 people at the public
meeting including many of the stakeholders. The survey reach was 95, even with an incentive to
garmer interest. The questions were intended to be in alignment with the values and options
discussion held at the public meeting. There is less alignment of values and ownership found in
the survey than the in-person opportunities.
While no recommendation on the options are being proposed at this time, staff anticipates
working closely with the PRAB and the Landmarks Board through this process to refine the
options and final preferred option that will be provided to City Council for consideration in 2019.
Further consideration of potential hybrid Option(s) (” scenarios”) will reinforce protection of the
home as an historic asset, ensuring the department’s ability to conform with Master Plan
direction related to all asset prioritization and ensuring some degree of community purpose and
access. With these values in mind, the next phase of planning will seek to further refine options
potentially exploring scenarios that reflect the values but determine a sale/lease/retain sustainable
option:
Pending any additional direction from the PRAB or City Council, in October staff will continue
the following process and approach:
B. Guidelines for Cyclocross in Urban Parks: As shared with the PRAB in the May consent
agenda, the growing sport of cyclocross is resulting in park use tensions in some communities. USA
cycling has acknowledged this challenge and provided great tips, including advice and stories, in this
guide. Some cities have chosen to ban cyclocross in their parks to protect assets and minimize
conflict.
Recognizing that cyclocross aligns with the department’s mission to promote health and well-being,
it is currently allowed in certain urban parks as part of the department’s Commercial Use or Special
Event permitting. This use (both permitted and not) results in some issues, such as damage in parks
and concerns/complaints from neighbors and other park visitors.
Working with user groups and event promoters, staff has developed a framework that balances
several competing interests:
The PRAB’s input on these draft guidelines will be considered as the guidelines are completed. The
final guidelines will be shared in parks and on social media channels. Additionally, cyclocross
stakeholders have offered to help promote good behavior through their own established
communication networks, such as on team social media and in bicycle shops.
See Attachment B
Goal: These Guidelines for Cyclocross allow cyclocross practice at select urban parks in
Boulder while also protecting public assets and minimizing conflict with other park users and
neighbors.
Objectives:
• Ensure safety for all park users.
• Promote health and well-being.
• Minimize damage to park infrastructure and assets (e.g. turf, trees, and
irrigation) and ensure full cost recovery for damage (including labor).
• Minimize conflicts among park users and neighbors.
Types of Use:
Individual Use: An individual riding solo.
Commercial Use: A group of more than 2 riders who pay a fee to participate
A permit is required for Commercial Use.
Special Event: An organized activity for 50 or more, or meets other requirements of
the City of Boulder’s Special Event Policy.
As ambassadors for the sport and their group, participants and instructors are
asked to follow these guidelines:
• Rotate the parks used and/or specific areas of the parks used in order to disperse
repetitive use and minimize damage and conflict.
• Adhere to all on site park rules and signage, including closures.
• Remain courteous and respectful to other on-site users and seek to minimize
conflict.
• Avoid other programmed uses and crowded park areas.
• Do not ride in parks if too much precipitation has occurred, frost exists on the turf,
and/or the areas are becoming muddy.
• Remain flexible if areas need to be altered and/or avoided.
• Require that all participants and instructors understand the importance of riding
within these guidelines and as outlined in the maps for permitted parks.
• Be responsive in continuing to address any future issues with the City of Boulder.
2018 Designated Parks: Tantra, Wonderland, Parkside, Scott Carpenter & Harlow Platts.
Maps for Permitted Parks: Note irrigation/crucial root zones (CRZs)/playgrounds
(in development)
Attachment B
MEMORANDUM
EXECUTIVE SUMMARY
The City of Boulder’s mosquito management plan was initiated in 2003 in response to a West
Nile virus (WNv) outbreak. Since that time, more is known about mosquito breeding patterns
on city properties, the ecosystem impacts of mosquito control treatments and the risk of WNv
to people. The city’s initial management plan developed protocols to minimize the impacts of
treatments to the environment, but an analysis of data collected since 2003 and new research
shows that refinements can be made that could more effectively manage mosquitoes, while
enhancing and protecting ecosystem health. Proposed changes to the mosquito management
program will address the amount of mosquito activity by lowering negative impacts of
mosquitoes and lowering the risk of mosquito-borne disease by improving wetland ecological
processes and associated ecosystem services and raising public awareness.
The city’s current mosquito management plan treats all Culex larvae (type of mosquito that
can potentially transmit West Nile virus) at every site with larvicide, regardless of whether the
site is artificial with no ecological value or is part of ecologically-significant wetland
ecosystem. In addition, selected sites in high mosquito activity areas are treated with larvicide
for non-disease transmitting mosquitoes without considering the context of the particular site
or the long-term impacts from mosquito control treatments.
Since the original plan was adopted, multiple studies show concerning effects from mosquito
larvicide treatment at every level of the food web with potentially adverse ecosystem-wide
impacts. Ecosystem management and pest management are not mutually exclusive, and can in
1
fact, achieve the same goals by using the inherent strengths of the ecosystem that naturally
limit pest populations. The strategies for a systems or holistic approach to mosquito
management can be achieved by utilizing existing tools for ecosystem management and
applying the knowledge from studies of mosquito biology and mosquito interactions with
competitors, predators and wetland ecological dynamics.
GUIDING QUESTION
How might we reduce the negative impact of mosquitoes to people in and around the City of
Boulder with the least amount of environmental impact and the most ecologically-sound
human involvement so that the public feels assured and has confidence that the City of
Boulder is addressing the issues and using resources efficiently?
Does PRAB support the staff recommendation and approach for changes to the city’s
mosquito management program?
2
BACKGROUND
With changing climate, habitat destruction/fragmentation, and contamination from pollutants,
including widespread pesticide use, alterations in species composition and range is
transforming the world’s ecosystems with consequences that are yet to be fully understood. A
February 1, 2018 Information Packet memo discusses the planet’s biodiversity crisis and the
city’s Ecological Integrated Pest Management (IPM) Policy that uses a holistic approach that
relies less on direct control methods of individual undesirable species and focuses
predominantly on enhancing biodiversity and ecosystem balance to utilize the natural
processes that keep populations of undesired species low.
When the city first developed a mosquito management program in 2002, the environmental
and human health risks of using a suite of pesticides to target mosquitoes at every life stage
were found to be too high and were not in alignment with the city’s IPM Policy and natural
lands protection guidelines. As West Nile virus (WNv) was moving westward across the
country at that time, it necessitated a thoughtful and effective plan to protect the public health.
The city developed a plan to address the threat of WNv to the public, while reducing the
impacts to the environment.
Urban areas create artificial environments that breed Culex mosquitoes, the species that can
vector or transmit WNv, and outreach and education programs were initiated to encourage the
public to drain standing water in residential yards and inform residents about the importance
of personal responsibility to avoid mosquito bites.
Potential mosquito breeding sites on open space and natural lands are under city management.
City staff were concerned about applying mosquito control products that could disrupt
wetland ecological balances. Therefore, the city’s program focused on limiting the amount of
larvicide (Bti) applied to wetlands by treating only Culex larvae and leaving non-vector or
nuisance mosquito larvae untreated to reduce Bti application and maintain an important food
source for other animals. In 2007, a nuisance program was added to the WNv management
program in high mosquito activity areas around city recreational facilities and neighborhoods.
For more information about the city’s program, identified gaps, and the approach for the
current program update, please see the April 12, 2018 Information Packet memo.
What Has Changed since the Original Mosquito Management Plan was Developed?
Field Data – During the 15 years since the city’s program was adopted, the city has collected
weekly adult mosquito trap data that provides information about location, abundance and the
species of mosquitoes that are present throughout the city. The density and mosquito larval
type (Culex and non-Culex) are collected weekly from each breeding site. Staff and
3
consultants continue to analyze this dataset to determine the patterns of adult mosquito
activity, larval site breeding patterns and modeling the effect of different Bti application
protocols on projected adult mosquito activity.
Ecosystem Impacts - During the development of the city’s WNv mosquito management plan,
the scientific literature was reviewed to determine the impacts of different mosquito control
products and all were found to have broad and unacceptable impacts, except for the bacterial
larvicide product, Bti. A handful of studies showed non-target impacts and ecosystem
alterations, since Bti kills all aquatic fly larvae, including hundreds of harmless species. Basic
ecological principles would suggest that removal of a large component of the base of wetland
food webs would impact multiple other species. A recent literature review shows wide-
ranging adverse impacts, both direct and indirect, to non-target species and demonstrated
ecosystem-wide impacts from Bti use (see Attachment A). In light of this new information,
staff and ecological consultants have been reassessing larval treatment protocols.
West Nile Virus Risk to People – Our understanding of the epidemiology and risk for WNv
has changed since 2003, which should be used to inform the city’s management approach.
When WNv arrived in the Front Range in 2003, human cases reached epidemic levels and
Boulder County had the highest number of cases in the nation. Cases declined sharply in
2004, and although WNv is now endemic with cases occurring every year, it has not reached
epidemic levels since 2003.
A recent study modeled the driving forces of WNv human cases in 10 states, including
Colorado, under current and future climate scenarios and identified the drivers, which vary
depending on geographic region. WNv cases in Colorado are primarily driven by two
factors—drought and human immunity. The majority—80 percent—of people who contract
WNv have no symptoms and are unaware they were infected, but then develop immunity. The
authors of this study suggest that population-wide protections from immunity are much higher
4
than expected and their models predict that it is unlikely that Colorado will experience
another WNv epidemic. However, it’s important to keep in mind that susceptible individuals
can become ill if bitten by an infected mosquito.
The city’s current program has two major components – 1) larval site monitoring and
larvicide treatment and 2) adult mosquito monitoring and WNv testing.
In addition to refining larval treatment protocols, there are other opportunities to improve
mosquito management. Staff is proposing an adaptive management plan that addresses each
site individually, gathers data to assess adult and larval populations, relevant ecological
parameters, and reviews the data each year to continuously improve the program.
5
The following table provides an overview of proposed changes to the program.
6
Program Component Rationale
help ID potential mosquito
problem spots and refine
management to more effectively
address.
Add Integrated irrigation management and Minimize mosquito breeding sites
infrastructure maintenance strategy caused by irrigation by evaluating
by interdepartmental team drainage from fields and trails,
modify irrigation water release
schedules where appropriate,
coordinate between departments
responsible for ditch maintenance or
relationships with ditch companies
to better respond to mosquito
breeding issues – both prevention
and responding to problems as they
arise
Add Train urban staff from Parks Crews will receive training to report
Operations and Public Works to or manage areas with stagnant water
recognize breeding problem spots in and respond in the field to drain or
parks, storm water drains and other treat with Bti.
public areas
Add Develop materials for code There is no ordinance to address
enforcement to provide to private standing water on private property.
property owners with standing water Code enforcement could provide
issues. educational materials in response to
neighbor complaints about standing
water issues.
Most significant change – larval breeding site assessment and treatment options
Mosquito breeding sites cover a wide range of types from muddy depressions in soil, stagnant
water in containers or storm drains to high quality wetlands. If breeding sites can be
eliminated by inspecting and draining artificial sites, cleaning clogged trash gates in ditches or
managing flood irrigation, this is the quickest and most effective approach. However, sites
with high ecological function can possess built-in pest controlling organisms, such as fish,
predatory insects, birds and spiders that can keep mosquito populations naturally low. Bti
should be used where appropriate, but alternative treatments should first be considered.
Staff is currently assessing the ecological significance of breeding sites and mosquito larval
breeding history to develop a site-specific management plan. Breeding sites fall roughly into
the following categories:
7
General Characterization of Mosquito Larval Breeding Types
The most challenging category is 4 – high quality/high breeding sites. Some of these sites
may need to be treated with Bti in the short-term. However, high quality/high breeding sites
are the most susceptible to damage from repeated Bti applications and staff will be exploring
alternative treatments to decrease mosquito breeding habitat and enhance predator
populations.
The following table provides a range of treatment options. Some may be implemented over
time as program changes are evaluated as these treatments are implemented.
Bacterial larvicide - Bti − Effective at killing mosquito larvae − Body of literature shows direct
(Bacillus thuringiensis − Less impactful than synthetic impacts to non-target organisms,
israelensis) chemical pesticides, surface oils including amphibians
and methoprene (insect growth − Indirect impacts to non-targets
regulator) − Ecosystem-wide impacts
− Proven industry standard − Persistent in sediment
− Spores can be transferred to untreated
sites
− Can reproduce
8
Mosquito Treatment Pros Cons
Predator complexes that All mosquito life stages are prey items − Variable and complex depending on
occur naturally for many groups of animals in both type of site
aquatic and terrestrial systems.
− Highly site specific
− Can be highly effective
− Colonization rates vary for mosquitoes
− Cost-effective
and predator groups
− Part of thriving ecosystem that
− Requires resources for monitoring and
provides many other benefits,
data analysis
including wetland ecosystem
services
− Complies with IPM policy and
integrated ecosystems strategy
− Manages for increases in
distribution and abundance of
sensitive species
Encouraging predators − Attracting wide variety of − Must align with site-specific objectives
by creating habitat or invertebrate and vertebrate species − Not appropriate for all sites
enhancing existing provides free, efficient pest control − Takes time to implement - would have
wetland health − Provides other important ecological to be transitioned over time
benefits and services
− Improves biodiversity
− Studies provide guidance for
improving habitat (e.g. plantings to
attract spiders, birds)
− Terrestrial predators reduce adult
mosquitoes migrating from outside
city properties
9
Mosquito Treatment Pros Cons
Herd Management − Minimize the overlap of grazing − Requires coordination with staff,
and flood irrigation to prevent hoof lessees (water release management,
disturbance of wet soils. cattle grazing, etc.)
− Cost-effective and preventive − In some situations, may not be feasible
− Reduces Bti application − Heavy rain can create same issue as
irrigation
Optimize irrigation − City staff has worked with OSMP − In some cases, runoff can create good
practices agricultural lessees to alter water wetlands, which needs to be balanced
release and scheduling to decrease with standing water that becomes a
standing water. breeding site
− Land and irrigation management − Can be logistically difficult to
10
Mosquito Treatment Pros Cons
Drain artificial breeding − Train staff to check equipment that Requires resources and training.
sites can fill with water and store to
prevent and dump or drain when
holding water
− Train staff to avoid overwatering
and notice when ground,
particularly turf, is saturated
− Check gutters and maintain to keep
clear and flowing
− Train staff to check storm drains
and other areas that could become
clogged and hold water
NEXT STEPS
− Staff and consultants will complete:
Breeding site categorization
Breeding history analysis for individual sites
Completion of field protocols for Bti application and ecological monitoring
− Meet with advisory boards to provide feedback to council from the Environmental
Advisory Board (Oct. 3), Open Space Board of Trustees (Oct. 10) and Parks and
Recreation Advisory Board (Oct. 22).
− Council presentation and direction (Nov. 8)
− Public engagement – Dec. 2018 – Feb. 2019
− Complete Request for Proposal for program components – Feb. 2019
− Hire contractor(s) – March 2019
− Implementation of revised program – April 2019
− Provide council with update after first year of implementation – November 2019
Attachments:
11
Attachment A
Summary
The larvicide, Bacillus thuringiensis israelensis (Bti), is the most targeted and least toxic product
option for mosquito management. In most situations, Bti is effective at killing mosquito larvae.
However, its use should be limited due to direct toxicity to non-target organisms such as frogs
and harmless and beneficial insects, as well as indirect effects, which can impact ecosystem
function, from water quality to bird reproductive success.
Contaminants have been reported in formulated products, including pathogenic bacteria, toxins
and endocrine disrupting activity. Although Bti resistance is not known to be widespread in
mosquito larvae under field conditions, Bti has been shown to persist in the environment and it
can “recycle” or replicate. Bti spores can be transported to untreated sites by adherence to animal
bodies or through feces and cause potential non-target impacts at these untreated sites.
Bti has its place in mosquito management. Due to the potential for ecosystem-wide impacts,
however, other alternatives such as natural population controls, should be considered before Bti
application—particularly in high-functioning wetlands and natural areas where Bti can disrupt
ecosystem communities.
Background
Bacillus thuringiensis (Bt) is a gram-positive bacterium that forms toxin-containing protein
crystal inclusions. When ingested by susceptible invertebrates, the crystals attack the gut. More
than 67 Bt sub-species have been identified that are targeted to specific insect groups. The sub-
species Bacillus thuringiensis israelensis (Bti) was discovered in 1976 and is toxic to aquatic fly
larvae, including mosquitoes, black flies, craneflies, non-biting midges (chironomids), fungus
gnats, filter flies and others in the sub-order Nematocera. When the Bti crystal inclusions are
ingested by the larva, it binds to the gut, releases toxins, and forms pores that disrupt the tissues
and osmotic balance, killing the insect. See Lacey, 2007 details.
The Bti life cycle has a “sporulation cycle,” that includes vegetative cell division and spore
development. The vegetative phase is the living, replicating component of the lifecycle. Each
vegetative cell divides into two daughter cells. When starved of nutrients, a daughter cell within
the mother cell is walled off into an “endospore.” When the mother cell dies, the spore is
released. These spores are dormant and resistant to drying, heat and other environmentally
adverse conditions. The protein crystals afford protection for the spores and also provide
nutrients for germination when the spores are activated and convert to vegetative cells (Ibrahim
et al., 2010).
1
Endospore formation and cycle (Attribution)
Production
Bti is produced by fermentation in large vats using a variety of materials/media that provide
nutrients for the bacteria, which can influence its toxic properties and final formulation. For
instance, some of the nutritional media can remain when the spores are recovered (Lacey, 2007).
A few days before harvesting, nutrients are no longer provided, at which point the bacteria die,
leaving dead cells, crystal proteins, and spores in the fermentation broth. The broth is processed
into formulations of the final Bti product (Valent Biosciences). Additives are typically not
disclosed by pesticide manufacturers and are considered proprietary information, but can include
synergists, surfactants, sticking agents and UV protectants.
The potency is tested from each batch, which is measured in international toxic units or
[ITU]/mg. However, there is no screening for metabolite or microbiological contaminants, and
pathogenic bacteria have been found in Bti preparations (World Health Organization, 2009).
Screening for endocrine disrupting properties is also not conducted on Bti formulations.
However, significant estrogenic properties were found in three of five Bti formulations in
laboratory assays, although it was not detected in field testing. These tests were conducted to try
to determine the source of estrogenic activity in ground water near areas where Bti was applied.
(Maletz et al., 2015).
2
Other toxic products, in addition to the protein crystals, can be produced by Bti:
Efficacy
Larvicides are considered the most effective and important component of mosquito control
programs, since treatments can be applied to known breeding sites where mosquitoes are
concentrated, and larviciding prevents the emergence of adult mosquitoes. Bti is also one of the
most targeted and least acutely-toxic product options. Different formulations are designed to
make contact with mosquito larvae in different types of habitats and include powders, liquid
suspensions, granules, tablets, and briquettes. Multiple variables effect the lethality of Bti,
including the insect’s instar (age), density, organic content, temperature, susceptibility of the
target species, etc. (Laurence et al. 2010). Larvae that ingest Bti die rapidly—usually within a
few hours.
Resistance: Field resistance to Bt sub-species that target beetles or lepidopterans has been
reported and the underlying genetic mechanisms have been studied. The changes in genetic
expression that allow insects to develop resistance have also been examined in mosquito larvae
(Tetreau et al., 2012). Because Bti has four major toxins and additional minor toxins, the
development of resistance is complex and requires the involvement of multiple genes (Bonin et
al., 2015, Ben-Dov, 2014). This is thought to be the reason why resistance is developing slowly
in natural mosquito populations. There are, however, cases in the literature of confirmed
resistance. A high level of resistance to Bti was detected in a population of Culex pipiens in New
York (Ayesa et al., 2005).
Persistence: Insecticides that break down slowly and persist in the environment chronically
expose both target and non-target organisms. Persistent pesticides prolong exposure of the pest,
and if the pest remains susceptible, the pesticide will continue to control it. But long-term
exposure can drive resistance and contribute to undesirable non-target impacts that can alter
ecosystem dynamics. Studies show a range of activity for Bti under field conditions. Although
it’s generally thought that Bti is gradually deactivated and does not persist, several studies show
that it can and does persist and remain toxic. Bti leaves the water column relatively quickly, after
which the spores settle out of the water and bind to the soil substrate or particulates. When the
soil or particulate substrates were stirred and filtered three weeks later, the suspension retained
3
toxicity (Ohana et al., 1987) A study with simulated field conditions showed Bti residual activity
for 20 weeks (Marcombe et al., 2011). Decaying leaf litter collected from ponds treated with Bti
was found to be highly toxic to mosquito larvae months after application (Tetreau et al., 2012).
Bti spores can persist for months in the environment. The number of treatments, the type
vegetation, and the presence of organic matter are all associated with persistence of the spores.
Change in water level or salinity does not appear to affect spore persistence. “Recycling” or
proliferation is when the spores germinate and return to vegetative growth, replicate, sporulate
and produce toxins. Bti can kill mosquito larvae and then proliferate from their carcasses (Aly et
al., 1984). Pupae can also recycle Bti. Older forth instar larvae that ingested Bti and completed
pupation, later died as pupae from Bti infection and the carcasses of the pupae were found to
recycle Bti (Khawaled et al, 1989).
One study showed no evidence that recycling occurs in sediment or other substrates and found
that mosquito larvae must be present for recycling to occur (Duchet et al., 2013). However
another study found much higher levels of spores in leaf litter than expected from Bti application
alone and the researchers suggest that proliferation is occurring, as well as spore persistence
(Tetreau et al., 2012). Bti has even been detected from untreated sites at high levels in decaying
leaf litter. A high number of viable spores correlated with toxicity of the leaf litter samples to
mosquito larvae. The researchers suggest that the bacteria could be germinating and proliferating
in the natural environment (Tilquin et al., 2008). Spores can be transported to untreated sites by
animals in two ways. The spores can adhere to the bodies of animals or be excreted after
ingestion in the feces. The excreted spores maintain toxic properties and mosquito larvae are
killed when exposed to them (Brazner and Anderson, 1986, Snarski, 1990).
The variability in studies shows that analytical techniques, field conditions, formulations and
many other factors determine the persistence of Bti, and unlike most pesticides, since Bti is a
microorganism, it does have the ability to replicate. This raises concerns about resistance
developing in mosquito larvae, as well as impacts to food webs and habitat quality.
Ecological Impacts
Bti is a biopesticide and it is commonly thought to be safe and non-toxic to vertebrates and non-
target invertebrates. This assumption is based on a number of studies in the past that found no
secondary or indirect impacts from Bti treatments. During that same time period, some studies
did record concerning impacts from Bti. One study measured significant losses in biomass at
sites treated with Bti. In a three-year study, insect densities were reduced by 57 to 83% and
biomass was reduced by 50 to 83% (Niemi et al., 1998). The researchers emphasized the
potential impacts from the magnitude of these losses:
The prevailing knowledge of wetland ecosystems is too limited to fully assess the
ramifications of these declines in aquatic insect communities for other food web
components or for the overall functions of these wetlands. The application of these
insecticides can certainly be viewed as changing the function and structure of these
wetlands because of large reductions in insects, a major component of wetland food
webs. It is difficult to believe that reductions of insect density and biomass in the range of
4
50 to 80% would not eventually have major effect on these wetlands. Their ultimate
effects remain unclear.
Impacts to non-target flies: Bti kills mosquitoes and other aquatic fly larvae from the sub-order
Nematocera. Therefore, it would be expected that populations of non-target flies will be
impacted from Bti use. The non-biting midges, or Chironomidae, are a diverse group of flies and
can make up more than half of the species in wetland systems and dominate flying insects. A
recent study that surveyed male chironomids in Colorado’s Fountain Creek Watershed identified
151 different species (Hermann et al., 2016). Although different studies have shown a range of
impacts to chironomids from Bti application, some have shown no impacts. One found no
difference from Bti treatment for two common chironomid species in natural wetlands (Duchet et
al., 2015). Another study cautioned that toxicity to Bti in chironomids varies greatly throughout
their development and that many studies likely underestimate risk. Toxicity to larvae of
Chironomus riparius was 209 times greater for first instar larvae and 90 times greater for second
instar larvae than the lowest field application rate used in mosquito control (Kästel et al.,2016).
Another study of temporary flooded wetlands found rich biodiversity of chironomid species with
high turn-over between years in these unstable habitats. Bti treatment did not lower species
richness. However, treated sites had a significant difference in species turnover and colonization
dynamics were affected (Lundström et al., 2009). One study showed a significant decrease in the
density of chironomids from Bti treatment (Pauley et al., 2015) and another long-term study in
natural wetlands showed a 78% reduction of chironomid and related aquatic flies in treated areas
(Jakob and Poulin, 2016).
Bti is not just toxic to aquatic flies. A review paper listed an expanded host range of species that
are susceptible to Bti that includes terrestrial flies, moths, beetles, nematodes and flatworms
(Ben-Dov, 2014).
Five species of zooplankton or microcrustaceans that coexist with mosquito larvae in coastal
wetlands were exposed to range of Bti concentrations and were examined for acute and chronic
effects. Crustaceans were chosen for this study with a range of different feeding behaviors,
including predators, herbivors, filter feeders and benthic scrapers. As concentrations of Bti
increased and over time, there was a pattern of increasing mortality (Olmo et al, 2016). Another
study found Cladocera (waterfleas) were significantly affected by Bti treatment (Pauley et al.,
2015).
5
Impacts to amphibians:
Bti is said to be nontoxic to vertebrates. However, recent studies show direct toxicity to tadpoles
(Hyla versicolor). Short-term exposure of tadpoles to Bti affected their locomotion. Compared to
controls, exposed tadpoles spent more time motionless, spent less time swimming and traveled
shorter distances (Junges et al., 2017). When predators (dragonfly larvae) are present, Bti
treatment significantly decreases tree frog tadpole survival (Pauley et al., 2015). Tadpoles
(Leptodactylus latrans) showed dose-dependent sensitivity to Bti and 100% died after 48 hours
of exposure to the highest dose, which is at the top range of recommended field rates. Exposure
to lower doses of Bti induced intestinal damage (See figure below). Changes to enzymes created
oxidative stress, leading to genotoxicity, which could be the cause the intestinal disruption
(Lajmanovich et al., 2015).
Indirect Effects
The organisms that are directly affected from Bti are members of complex wetland communities
and impacts to one component can have cascading effects that indirectly impact other organisms.
Studies that assess indirect impacts are challenging to conduct. The majority of studies related to
Bti effects look at efficacy for killing mosquito larvae. There are several studies looking at direct
impacts to non-target organisms, but very few on indirect effects or persistence (Poulin, 2012).
Impacts to micro-organisms:
Very low concentration Bti treatment (too low to kill mosquitoes) in freshwater microcosms
caused no measurable impacts to microorganisms, nutrients or suspended particles. Two weeks
after application of high dose Bti, mosquito larval and microorganism density were decreased—
the most abundant bacteria species were suppressed. After 44 days post-treatment, cyanobacteria
was significantly reduced, showing changes in microbial community composition, reduced
nutrients and algae (Duguma et al., 2015).
In a large study of natural wetlands, Bti application increased the density of protozoans by 4.5
times and the taxonomic richness increased by 60%. Mosquito larvae feed on protozoans and
6
both mosquitoes and protozoans feed on bacteria (Östman et al., 2008).
A study showed that Bti is not directly toxic to phytoplankton. Mosquito larvae feed on
phytoplankton, which decrease in a curvilinear fashion as mosquito density increases. Primary
producers are indirectly impacted when mosquito larvae and related species are killed and
removed from the ecosystem from Bti application (Duguma et al., 2017).
Impacts to vertebrates:
House martins were assessed for three years between control and Bti-treated sites for diet, clutch
size, and fledging survival. Insect prey at untreated sites was mainly spiders and dragonflies.
Prey items were significantly smaller at treated sites and more flying ants were eaten.
Reproductive success was lower at treated sites with decreased clutch size and fledging survival
(Poulin et al., 2010).
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Bonin, A., Paris, M., Frérot, H., Bianco, E., Tetreau, G., & Després, L. (2015). The genetic
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Brazner, J. C., & Anderson, R. L. (1986). Ingestion and Adsorption of Bacillus thuringiensis
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Duguma, D., Hall, M. W., Rugman-Jones, P., Stouthamer, R., Neufeld, J. D., & Walton, W. E.
(2015). Microbial communities and nutrient dynamics in experimental microcosms are altered
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Hoesing, L. M., & Heuvel, B. D. V. (2016). Species Richness, Diversity, and Ecology of
Chironomidae (Diptera) in Fountain Creek: A Colorado Front Range Sandy-Bottom Watershed.
Western North American Naturalist, 76(2), 186–252. https://doi.org/10.3398/064.076.0206
Ibrahim, M. A., Griko, N., Junker, M., & Bulla, L. A. (2010). Bacillus thuringiensis.
Bioengineered Bugs, 1(1), 31–50. https://doi.org/10.4161/bbug.1.1.10519
Jakob, C., & Poulin, B. (2016). Indirect effects of mosquito control usingBtion dragonflies and
damselflies (Odonata) in the Camargue. Insect Conservation and Diversity, 9(2), 161–169.
https://doi.org/10.1111/icad.12155
Junges, C. M., Maglianese, M. I., Lajmanovich, R. C., Peltzer, P. M., & Attademo, A. M. (2017).
Acute Toxicity and Etho-toxicity of Three Insecticides Used for Mosquito Control on Amphibian
Tadpoles. Water, Air, & Soil Pollution, 228(4). https://doi.org/10.1007/s11270-017-3324-6
Kästel, A., Allgeier, S., & Brühl, C. A. (2017). Decreasing Bacillus thuringiensis israelensis
sensitivity of Chironomus riparius larvae with age indicates potential environmental risk for
mosquito control. Scientific Reports, 7(1). https://doi.org/10.1038/s41598-017-14019-2
Khawaled, K., Ben-Dov, E., Zaritsky, A., & Barak, Z. ’ev. (1990). The fate of Bacillus
thuringiensis var. israelensis in B. thuringiensis var. israelensis-killed pupae of Aedes aegypti.
Journal of Invertebrate Pathology, 56(3), 312–316. https://doi.org/10.1016/0022-2011(90)90117-
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Lacey, L. A. (2007). Bacillus thuringiensis serovariety israelensis and Bacillus sphaericus for
mosquito control. Journal of the American Mosquito Control Association, 23(sp2), 133–163.
https://doi.org/10.2987/8756-971x(2007)23[133:btsiab]2.0.co;2
Lajmanovich, R. C., Junges, C. M., Cabagna-Zenklusen, M. C., Attademo, A. M., Peltzer, P. M.,
Maglianese, Marquz, V.A. Beccaria, A. J. (2015). Toxicity of Bacillus thuringiensis var.
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israelensis in aqueous suspension on the South American common frog Leptodactylus latrans
(Anura: Leptodactylidae) tadpoles. Environmental Research, 136, 205–212.
https://doi.org/10.1016/j.envres.2014.10.022
Laurence, D., Christophe, L., & Roger, F. (2011). Using the Bio-Insecticide Bacillus
Thuringiensis Israelensis in Mosquito Control. In Pesticides in the Modern World - Pests Control
and Pesticides Exposure and Toxicity Assessment. InTech. https://doi.org/10.5772/17005
Lundström, J. O., Brodin, Y., Schäfer, M. L., Vinnersten, T. Z. P., & Östman, Ö. (2009). High
species richness of Chironomidae (Diptera) in temporary flooded wetlands associated with high
species turn-over rates. Bulletin of Entomological Research, 100(4), 433–444.
https://doi.org/10.1017/s0007485309990472
Maletz, S., Wollenweber, M., Kubiak, K., Müller, A., Schmitz, S., Maier, D., … Hollert, H.
(2015). Investigation of potential endocrine disrupting effects of mosquito larvicidal Bacillus
thuringiensis israelensis (Bti ) formulations. Science of The Total Environment, 536, 729–738.
https://doi.org/10.1016/j.scitotenv.2015.07.053
Marcombe, S., Corbel, V., Yébakima, A., Etienne, M., Yp-Tcha, M.-M., Darriet, F., & Agnew,
P. (2011). Field Efficacy of New Larvicide Products for Control of Multi-Resistant Aedes
aegypti Populations in Martinique (French West Indies). The American Journal of Tropical
Medicine and Hygiene, 84(1), 118–126. https://doi.org/10.4269/ajtmh.2011.10-0335
Niemi, G. J., Hershey, A. E., Shannon, L., Hanowski, J. M., Lima, A., Axler, R. P., & Regal, R.
R. (1999). Ecological effects of mosquito control on zooplankton, insects, and birds.
Environmental Toxicology and Chemistry, 18(3), 549–559.
https://doi.org/10.1002/etc.5620180325
Ohana, B., Margalit, J., & Barak, Z. (1987). Fate of Bacillus thuringiensis subsp. israelensis
under Simulated Field Conditions. Applied and Environmental Microbiology, 53(4), 828–831.
Full text.
Olmo, C., Marco, A., Armengol, X., & Ortells, R. (2016). Effects of Bacillus thuringiensis var.
israelensis on nonstandard microcrustacean species isolated from field zooplankton communities.
Ecotoxicology, 25(10), 1730–1738. https://doi.org/10.1007/s10646-016-1708-9
Östman, Ö., Lundström, J. O., & Persson Vinnersten, T. Z. (2008). Effects of mosquito larvae
removal with Bacillus thuringiensis israelensis (Bti) on natural protozoan communities.
Hydrobiologia, 607(1), 231–235. https://doi.org/10.1007/s10750-008-9387-z
Paul, A., Harrington, L. C., Zhang, L., & Scott, J. G. (2005). Insecticide resistance in Culex
pipiens from New York. Journal of the American Mosquito Control Association, 21(3), 305.
https://doi.org/10.2987/8756-971x(2005)21[305:iricpf]2.0.co;2
Pauley, L. R., Earl, J. E., & Semlitsch, R. D. (2015). Ecological Effects and Human Use of
Commercial Mosquito Insecticides in Aquatic Communities. Journal of Herpetology, 49(1), 28–
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Poulin, B. (2012). Indirect effects of bioinsecticides on the nontarget fauna: The Camargue
experiment calls for future research. Acta Oecologica, 44, 28–32.
https://doi.org/10.1016/j.actao.2011.11.005
Poulin, B., Lefebvre, G., & Paz, L. (2010). Red flag for green spray: adverse trophic effects of
Bti on breeding birds. Journal of Applied Ecology, 47(4), 884–889.
https://doi.org/10.1111/j.1365-2664.2010.01821.x
Snarski, V. M. (1990). Interactions between Bacillus thuringiensis subsp. israelensis and Fathead
Minnows, Pimephales promelas Rafinesque, under Laboratory Conditions. Applied and
Environmental Microbiology, 56(9), 2618–2622. Full text.
Tilquin, M., Paris, M., Reynaud, S., Despres, L., Ravanel, P., Geremia, R. A., & Gury, J. (2008).
Long Lasting Persistence of Bacillus thuringiensis Subsp. israelensis (Bti) in Mosquito Natural
Habitats. PLoS ONE, 3(10), e3432. https://doi.org/10.1371/journal.pone.0003432
Tetreau, G., Alessi, M., Veyrenc, S., Périgon, S., David, J.-P., Reynaud, S., & Després, L.
(2012). Fate of Bacillus thuringiensis subsp. israelensis in the Field: Evidence for Spore
Recycling and Differential Persistence of Toxins in Leaf Litter. Applied and Environmental
Microbiology, 78(23), 8362–8367. https://doi.org/10.1128/aem.02088-12
Tetreau, G., Bayyareddy, K., Jones, C. M., Stalinski, R., Riaz, M. A., Paris, M., … Després, L.
(2012). Larval midgut modifications associated with Bti resistance in the yellow fever mosquito
using proteomic and transcriptomic approaches. BMC Genomics, 13(1), 248.
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Valent Biosciences. VectoBac (Bti) WDG Biological Mosquito Larvicide Applications for
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https://www.valentbiosciences.com/publichealth/wp-content/uploads/sites/4/2017/02/faq-
vectobac-wdg-applications-for-zika-virus-vectors.pdf
10
Attachment B
City press release City increases City increaes Neighborhood Map human cases,
City reminds the when first positive signage at City provides NextDoor and Trainings to city Consider "yard leaders assist if occur in clusters,
Consider additional
public to avoid mosquito pool trailsheads and mosquito repellent social meda posts, staff to recognize audits" to reduce neighbors with yard focus on working
testing to pinpoint
bites and drain occurs and when Parks and at recreational newsstories, etc. to and decrease breeding sites in audits and provide with
hotspots
standing water first human case Recrecation facilities remind public of breedings sites urban areas city information to neighborhoods to
occurs in the city facilites increasing risk avoid bites reduce risk
2018 Parks and Recreation Advisory Board Retreat
October 22, 2018 and October 26, 2018
Purpose:
Once a year, members of the PRAB participate in a retreat to develop a work plan and
priorities to share with staff and City Council. The retreat offers an opportunity to
celebrate successes, make course corrections in work plans and chart the course
ahead.
2:30 p.m. – 3:45 p.m. – Tour of Columbia Cemetery (meet at Cemetery) with Caitlin
Berube-Smith
4:00 p.m. - 4:30 p.m.- State of the Work (West Boulder Senior Center)
CITY OF BOULDER
Page 1 of 41
SCOPE ...................................................................................................................................................................................................... 3
Page 2 of 41
SCOPE
Part one is a summary of laws relevant to the Parks and Recreation Advisory Board (PRAB); it is not intended
to be an authoritative source of the law and should be updated when laws change.
Part one is intended to provide an overview of the most important legal information relating to PRAB and to
provide the legal context in which PRAB exists. PRAB should request assistance from the City Attorney’s
Office regarding questions of legal interpretation. Note that PRAB members are bound by their oaths of office
to “… support the Constitution of the United States of America and of the State of Colorado and the Charter and
ordinances of the City of Boulder.”
Note that the actual legal text as accessed online is shown in italics in part one; any text not italicized in part one
is not part of the law. For Boulder’s Charter and the Boulder Revised Code (BRC), the text was taken from
http://www.colocode.com/boulder2/index.htm on November 19, 2007 (Note that 4-20-21 and 2-7 were taken
on January 16, 2008). For the Colorado Revised Statutes, the text was taken from
http://www2.michie.com/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0 on November 19, 2007.
Part two is intended to provide rules for PRAB to conduct its business. The rules in part two are made by
PRAB under authority granted to it by the Boulder Revised Code and are based on The Standard Code of
Parliamentary Procedure (2001). These rules are incorporated into the handbook and become effective upon an
affirmative vote of four PRAB members. Thereafter, all prior rules of PRAB in conflict therewith shall be of no
further force or effect.
Note that PRAB may not revise the statutory language quoted in parts 1 and 3, but the non-statutory rules set
forth in part 2 are subject to revision by the vote of a majority of PRAB. In addition, it is the responsibility of
PRAB to maintain this document; the department may assist PRAB by providing an annual reminder to review
and update this document, but that work is to be done by PRAB.
This document has been prepared with the assistance of the City of Boulder’s Office of the City Attorney.
RECOMMENDED READING
PRAB members are advised to read and familiarize themselves with the following:
BRC 2-7 Code of Conduct. Included in part I of the appendix to this document.
City Attorney’s March 30, 2007 Report entitled “Summary of Important Legal Responsibilities for Board
Members and Commissioners” Included in part II of the appendix to this document.
Page 3 of 41
PART ONE: LEGAL CONTEXT
A. Open Meetings
PRAB members are advised to read and familiarize themselves with Title 24, Article 6, Part 4, Section 202 of
the Colorado Revised Statutes, which reads in part:
(2) (a) All meetings of two or more members of any state public body at which any public
business is discussed or at which any formal action may be taken are declared to be public
meetings open to the public at all times.
(b) All meetings of a quorum or three or more members of any local public body, whichever is
fewer, at which any public business is discussed or at which any formal action may be taken are
declared to be public meetings open to the public at all times.
(c) Any meetings at which the adoption of any proposed policy, position, resolution, rule,
regulation, or formal action occurs or at which a majority or quorum of the body is in
attendance, or is expected to be in attendance, shall be held only after full and timely notice to
the public. In addition to any other means of full and timely notice, a local public body shall be
deemed to have given full and timely notice if the notice of the meeting is posted in a designated
public place within the boundaries of the local public body no less than twenty-four hours prior
to the holding of the meeting. The public place or places for posting such notice shall be
designated annually at the local public body's first regular meeting of each calendar year. The
posting shall include specific agenda information where possible.
(d) (I) Minutes of any meeting of a state public body shall be taken and promptly recorded, and
such records shall be open to public inspection. The minutes of a meeting during which an
executive session authorized under subsection (3) of this section is held shall reflect the topic of
the discussion at the executive session.
(II) Minutes of any meeting of a local public body at which the adoption of any proposed policy,
position, resolution, rule, regulation, or formal action occurs or could occur shall be taken and
promptly recorded, and such records shall be open to public inspection. The minutes of a
meeting during which an executive session authorized under subsection (4) of this section is held
shall reflect the topic of the discussion at the executive session.
(III) If elected officials use electronic mail to discuss pending legislation or other public business
among themselves, the electronic mail shall be subject to the requirements of this section.
Electronic mail communication among elected officials that does not relate to pending
legislation or other public business shall not be considered a "meeting" within the meaning of
this section.
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We, the people of the City of Boulder, under the authority of the constitution of the State of
Colorado, do ordain and establish this charter for the municipal government of the City of
Boulder, Colorado.
B. City Council
The specific duties of council are given in Article II section 12 of the city charter, which reads:
The council shall choose and appoint a city manager, a city attorney, a police magistrate, and an
auditor for such independent audits as are in this charter required or authorized to be made by
order of the council, and such advisory boards or commissions as may be desired or are
elsewhere provided for by this charter; but no member of the council shall act or be chosen as
manager.
The council shall cause to be made at least annually, and at such other times as it may deem
necessary, an audit of all financial accounts of the city.
The council shall consider all recommendations and reports from time to time presented by the
city manager, or by any of the advisory commissions or the departments of planning and parks,
and shall accept or reject the same within thirty days from the date of filing thereof with the
council.
Powers expressly withheld from council are given in Article II section 13 of the city charter, which reads:
Except for purposes of inquiry, the council shall deal with the administrative service solely and
directly through the city manager, and neither council, its members, nor committees shall either
dictate the appointment, retention or removal or direct or interfere with the work of any officer
or employee under the city manager. Any such dictation, attempted direction, or interference on
the part of any member of the council shall be punishable in the manner deemed appropriate by
the other members of the council, which may include removal from office. (Amended by Ord. No.
6008 (1998), § 2, adopted by electorate on November 3, 1998. Further amended by Ord. No.
6009 (1998), § 2, adopted by electorate on November 3, 1998.)
C. City Manager
"City manager" means the city manager of the City of Boulder, Colorado or the manager's authorized
representative.
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The city manager’s role is given in Article V section 63 of the city charter, which reads, in part:
The city manager shall be the chief executive and administrative officer of the city. As such, the
manager shall possess, have, and exercise all the executive and administrative powers vested in
the city.
The city manager’s powers and duties are given in Article V section 64 of the city charter. Subsection c of
Article V section 64 reads:
To exercise control and supervision over all departments herein created, except as otherwise in
this charter provided;
The relationship between the department of parks and recreation and the city manager as well as the functions
of the department of parks and recreation are given in Article XI section 155 of the city charter, which
reads:
Under the direction, supervision and control of the city manager, the department of parks and
recreation:
(a) Shall supervise, administer, and maintain all park property and recreation facilities.
(b) Shall supervise, administer, and execute all park and recreation programs, plans, functions,
and activities of the city.
(c) Shall prepare and submit to the parks and recreation advisory board written
recommendations on those matters where this article requires a recommendation from said
board prior to council or department action.
(d) May, at the request of the parks and recreation advisory board, prepare and submit to the
board information and recommendations on such park and recreation matters as are not
provided for by (c) above.
(e) May request advice on any park and recreation matter from the parks and recreation
advisory board. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31,
1961.)
D. PRAB
1. General provisions
General provisions for advisory commissions are given in Article IX, section 130 of the city charter, which
reads:
At any time after the organization of the council elected under the provisions of this charter, the
council by ordinance may create and provide for such advisory commissions as it may deem
advisable; provided, that a library commission is hereby created, and the council shall, within
ninety days from its organization, appoint the members thereof.
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Each of such commissions, including the library commission, shall be composed of five electors,
appointed by the council, not all of one sex, well known for their ability, probity, public spirit,
and particular fitness to serve on such respective commissions. When first constituted, the
council shall designate the terms for which each member is appointed so that the term of one
commissioner shall expire on December 31 of each year; and thereafter the council shall by
March of each year appoint one member to serve for a term of five years. The council shall have
the power to remove any commissioner for non-attendance to duties or for cause. All vacancies
shall be filled by the council. When first appointed and annually thereafter following the
council's appointment of the commissioner, each commission shall organize by appointing a
chair, a vice-chair, and a secretary; all commissioners shall serve without compensation, but the
secretary of any commission, if not a member, may receive a salary to be fixed by the council;
any commission shall have power to make rules for the conduct of its business. All
commissioners shall serve until their successors are appointed.
All commissions shall hold regular monthly meetings. Special meetings may be called at any
time upon due notice by three members. Three members shall constitute a quorum, and the
affirmative vote of at least three members shall be necessary to authorize any action by the
commission.
All commissions shall keep accounts and records of their respective transactions, and at the end
of each quarter or more often, if requested by the council, and at the end of each fiscal year shall
furnish to the council a detailed report of receipts and expenditures and a statement of other
business transacted.
The chair of a commission shall preside at the meetings thereof and sign, execute, acknowledge,
and deliver for the commission all contracts and writings of every kind required or authorized to
be signed or delivered by the commission. The signature of the chair shall be attested by the
secretary.
The commissions shall have the right to the floor of the council to speak on plans and
expenditures proposed or to appeal for a decision in a failure to agree with another commission
or the manager.
Wherever there shall be suitable accommodations in the city building, the offices of the
commissions shall be maintained there. (Amended by Ord. No. 6007 (1998), § 2, adopted by
electorate on November 3, 1998.)*
2. Creation of PRAB
PRAB is created by Article XI, section 157 of the city charter, which reads:
There shall be a parks and recreation advisory board consisting of seven members appointed by
the city council. The members of the board shall be residents of the city, shall not hold any other
office in the city, and shall serve without pay. The council may appoint such ex-officio members
to the board for such terms as it deems advisable. (Added by Ord. No. 2392 (1961), § 1, adopted
by electorate on January 31, 1961.)
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3. PRAB office
PRAB term of office, removal, and vacancy are given by Article XI, section 158 of the city charter, which
reads:
The term of each board member shall be five years, provided, however, that in appointing the
original members of the board, the city council shall designate one member to serve until
December 31, 1961, two members to serve until December 31, 1962, one member to serve until
December 31, 1963, two members to serve until December 31, 1964, and one member to serve
until December 31, 1965.
The council may remove any board member who displays lack of interest or who fails to attend
board meetings for three consecutive months without formal leave of absence.
The council shall fill all vacancies. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate
on January 31, 1961.)
Organization and procedure of PRAB is given by Article XI, section 159 of the city charter, which reads:
The board shall choose a chair and a secretary. The director of parks and recreation may be
designated as secretary by the board.
The board shall have regular meetings once a month. Special meetings may be called at any time
by three members of the board upon giving of at least twenty-four hours' notice of said special
meeting to the board members.
Four members of the board shall constitute a quorum. Unless otherwise expressly provided
herein, an affirmative vote of a majority of the members present shall be necessary to authorize
any action by the board.
The board shall keep minutes and records of its meetings and transactions.
Except for such provisions as are herein expressly provided for, the board shall have power to
make reasonable rules for the conduct of its business. (Added by Ord. No. 2392 (1961), § 1,
adopted by electorate on January 31, 1961.)*
5. Functions of PRAB
Functions of PRAB are given by Article XI, section 160 of the city charter, which reads:
The parks and recreation advisory board shall not perform any administrative functions unless
expressly provided in this charter. The board:
(a) Shall make recommendations to the council concerning the disposal of park lands pursuant
to Section 162 of this charter.
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(b) Shall make recommendations to the council concerning any expenditure or appropriation
from the permanent park and recreation fund pursuant to Section 161 of this charter.
(c) Shall make recommendations to the council concerning the grant or denial of any license or
permit in or on park lands, pursuant to Section 164 of this charter.
(d) Shall review the city manager's proposed annual budget as it relates to park and recreation
matters and submit its recommendations concerning said budget to the council.
(e) May, at the request of the council or the department of parks and recreation, prepare and
submit to the council, city manager, or the department recommendations on such park and
recreation matters as are not provided for by paragraphs (a), (b), (c) and (d) above.
(f) May request information and recommendations from the department pursuant to the
provisions of Section 155(d) above.
The city council and the parks and recreation department shall not act on any of the matters set
forth in paragraphs (a), (b), (c) and (d) above without securing a recommendation from the
board as above provided; however, the council and department may act on the matters set forth
in paragraphs (c) and (d) above without a board recommendation if the board fails to submit its
recommendation to the council within thirty days after request therefor is made by the council.
The board's recommendation shall not be binding upon the city council unless expressly
provided by this charter. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January
31, 1961.)
The permanent park and recreation fund is created and defined by Article XI, section 161 of the city charter,
which reads:
There shall be a permanent park and recreation fund. This fund shall consist of the following:
(a) An annual levy of nine-tenths of one mill on each dollar of assessed valuation of all taxable
property within the city.
(c) Proceeds of the sale of any park or recreation property or equipment whether real, personal,
or mixed.
Expenditures from this fund shall be made only upon the favorable recommendation of the parks
and recreation advisory board and appropriation by the council. Said fund shall not be used for
any purpose other than the acquisition of park land or the permanent improvement of park and
recreation facilities.
Any portion of the fund remaining unexpended at the end of any fiscal year shall not in any event
be converted into the general fund nor be subject to appropriation for general purposes. Money
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appropriated from the fund which is not expended in whole or in part shall be returned to the
fund and shall not be subject to appropriation for general purposes. Money appropriated from
the general fund for park or recreational purposes which is not expended for the purpose
designated shall be returned to the general fund. (Added by Ord. No. 2392 (1961), § 1, adopted
by electorate on January 31, 1961.)
The disposal of park properties is governed by Article XI, section 162 of the city charter, which reads:
Park lands may be disposed of by the city council, but only upon the affirmative vote of at least
four members of the parks and recreation advisory board. An advisory recommendation, which
shall not be binding on the council, shall be obtained from the planning board prior to the
disposition or lease of park lands. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate
on January 31, 1961. Amended by Ord. No. 5574 (1993), § 1, adopted by electorate on
November 2, 1993.)
The acquisition of park land is governed by Article XI, section 163 of the city charter, which reads:
The council may acquire park land for the city, provided that the council shall not make any
expenditure of money for the purpose of acquiring park lands without first securing a
recommendation from the planning board and the parks and recreation advisory board.
Provided, however, that the council can act without such recommendations if said boards fail to
submit their recommendation to the council within thirty days after request therefor is made by
the council. The recommendations of the said boards shall not be binding on the council except
that the recommendation of the parks and recreation advisory board concerning expenditures
from the permanent park and recreation fund shall be binding on the council pursuant to Section
161 of this charter. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31,
1961.)
Franchises, leases, permits, and licenses in parks are governed by Article XI, section 164 of the city charter,
which reads:
No franchise shall ever be granted in or on park lands except on vote of the qualified tax-paying
electors in accordance with the provisions of article VIII of the charter of the city.
The council may by motion grant leases, permits, or licenses in or on park lands, but only upon
the affirmative vote of at least four members of the parks and recreation advisory board. The
council may, by ordinance, delegate all or any part of this authority to the parks and recreation
advisory board to approve such leases, permits, or licenses. The parks and recreation advisory
board may, by motion, subdelegate all or any part of its delegated authority to approve such
leases, permits, or licenses to the city manager. The city manager may enter into standard
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commercial licensing agreements for automatic food vending machines on park lands without
the approval of the parks and recreation advisory board or the council.
The term of any license or permit granted hereunder shall not exceed five years, and any such
license or permit so granted shall be revocable by the council at its pleasure at any time,
whether such right to revoke be expressly reserved in such permit or license. (Added by Ord. No.
2392 (1961), § 1, adopted by electorate on January 31, 1961. Amended by Ord. No. 5574 (1993),
§ 1, adopted by electorate on November 2, 1993.)
Title 2, chapter 3, section 1, subsection b, part 4 states the boards and commissions shall:
Conduct its meetings under Robert's Rules Of Order, Newly Revised (1981), unless the board or
commission adopts other rules of meeting procedure
2. Open meetings
Title 2, chapter 3, section 1, subsection b, part 5 states the boards and commissions shall:
Hold all meetings open to the public, after full and timely notice of date, time, place, and subject
matter of the meeting, and provide an opportunity for public comment at the meeting
3. Procedures
Title 2, chapter 3, section 1, subsection d, part 3 states the boards and commissions are authorized to:
Adopt rules interpreting its legislative duties under this code and establishing procedures in aid
of its functions
4. Voting
If a member of a city board or commission is present at a meeting and refuses to vote, the
member's vote shall be recorded in the affirmative. No member is excused from voting except on
approving minutes of a meeting that the member did not attend or on a matter creating a conflict
of interest under chapter 2-7, "Code Of Conduct," B.R.C. 1981, or on consideration of such
member's conduct in the business of the board or commission.
1. Subpoenas
I. BASIC PRINCIPLES
The basic principles of parliamentary procedure that PRAB shall strive to uphold:
A. Rules should facilitate the transaction of business and promote cooperation and harmony.
B. All members are equal; officers only have additional duties.
C. The majority vote decides.
D. The rights of the minority must be protected.
E. Full and free discussion of propositions presented for decision is a right of members; balanced with the
chair’s duty to move thru the agenda in addressing time management issues.
F. Every member has the right to comprehend the meaning of the motion before PRAB and its effect.
G. Meetings should be characterized by fairness and good faith.
II. OFFICERS
PRAB shall have a chair, a vice-chair, and a secretary. The chair and vice-chair shall be PRAB members
chosen by majority vote of PRAB at its first business meeting following the annual City Council board
appointments. PRAB may by an affirmative vote of four members at any business meeting remove the chair or
vice-chair from office. Should a vacancy arise in the office of either the chair or vice-chair, PRAB shall fill the
vacancy by majority vote. The secretary shall be a staff member designated either by the city manager or the
city manager’s authorized representative. The secretary does not have authority to vote.
III. CONDUCT
A. act on behalf of PRAB only when delegated such authority by a majority vote of PRAB and report back
to PRAB on the exercise of the charge (Note that PRAB members participating in working groups act as
representatives of PRAB but not as spokespersons for PRAB)
B. clearly identify whether they are speaking on behalf of PRAB or speaking for themselves when speaking
in public forums other than PRAB meetings, including but not limited to city council meetings
C. recuse themselves from matters raising a conflict of interest, and not speak on behalf of their own
interests as to that particular matter before city council
D. conduct themselves in all interactions with one another, city council, city staff, and the public in a
professional and courteous manner
E. make all reasonable efforts to avoid “surprise” by being proactive and open in all communications
The complete text of any motion presented to City Council shall be in writing. PRAB may designate a
PRAB member to present the motion to City Council during the period of public comment or, if
requested by the City Council, the City Manager, or the Department, during the Council meeting. The
PRAB member authorized to present the motion shall provide written copies of the motion to City
Council and request to read the complete text of the motion to City Council.
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V. AGENDA FOR MONTHLY BUSINESS MEETINGS
A. Overview
The agenda is generally set by the department as most matters arise from the department for consideration by
PRAB under provisions of Article XI, Sections 155(c), (d), and (e). Items arising from PRAB for
consideration by the department under Article XI, Section 160(f) may be placed on the agenda as described
below in B. Other items on which a PRAB member desires discussion should be placed on the agenda under
‘matters from board members’ or ‘matters for discussion/information.’
1. Public Comment
Following public comments, the chair shall recognize a representative of the Department, usually the
Director, to provide the Department an opportunity to respond directly to the public.
(a) Items for action are those items for which a motion and vote are anticipated. Usually, such items
should have been discussed at a previous PRAB meeting under ‘items for
discussion/information’. Items on which the Department and/or Council requests PRAB advice
shall generally be presented initially under ‘items for discussion/information’ and then at the
following business meeting under ‘items for action.’
(b) Items for action are usually preceded by a staff presentation regarding the item and the question or
questions for which the staff is seeking the advice of PRAB. The staff presentation may be
followed by questions from PRAB.
(c) Public hearings are discretionary for PRAB. However, in the interests of openness and
accountability, PRAB shall hold public hearings prior to action on items arising under sections
160 (a) – (d) and prior to action on any item for which the PRAB determines that the period of
public comment may not have provided the public an appropriate opportunity for input.
(d) PRAB usually has a period of informal discussion following the close of the public hearing, which
should result in a motion.
(f) PRAB then votes on the motion. The exact wording of the final motion as voted upon shall appear in
the minutes.
Matters from the Department may include a summary of upcoming work, events, and/or collaborative
activities of which the staff would like PRAB to be aware.
Matters from Board members may include ideas regarding information or recommendations to request
from the department, reports from individual PRAB members on sub-committees or other PRAB-
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related activities to which less than a quorum of PRAB has been assigned, or PRAB-related
activities which are not agenda items that an individual PRAB member wishes to bring to the
attention of PRAB as a whole.
C. Agenda Committee
1. The agenda committee is composed of the PRAB chair, PRAB vice-chair, Parks and Recreation
Department Director, and any pertinent staff. In the event that the PRAB chair or PRAB vice-chair can
not attend an agenda committee meeting, another PRAB member can be appointed as a pro tem agenda
committee member by the PRAB member who can not attend.
2. The agenda committee usually meets on a weekday during the week of the monthly PRAB meeting.
3. The agenda committee receives a draft agenda from the Parks and Recreation Department Director, which
reflects charter-mandated actions and items on which the Department and/or Council requests PRAB
advice as defined by Article XI, Sections 160 through 164 inclusive of the city charter.
4. The agenda committee carries out only the agenda setting function on behalf of PRAB as a whole;
therefore, it shall not use the agenda committee meeting to advance the PRAB member’s own agendas
or points of view or to limit or constrain other points of view.
5. The agenda committee determines how to present each item to PRAB, works to balance content with
time, and allocates time for each item (times assigned are guidelines to be monitored by the chair during
the board meeting).
1. The Parks and Recreation Department prepares packets containing the agenda and any other pertinent
documents for each PRAB meeting. PRAB materials should clearly articulate the subject or question on
which PRAB’s advice is sought, or the reason why the matter is being brought to the attention of the
PRAB. PRAB materials should allow PRAB members to prepare appropriately prior to the meeting,
such as formulating any pertinent motion, discussion points, and questions.
2. In order for PRAB members to have the most informed discussion of the issues before it, the Parks and
Recreation Department is requested to provide PRAB with objective information. When analyzing
alternative courses of action, it is requested that the Department present and analyze a range of realistic
alternatives, including those proposed by PRAB members and members of the public, and present the
Department’s preferred alternative.
3. The Parks and Recreation Department distributes the packets to PRAB members, usually on the
Wednesday prior to a Monday board meeting.
4. The Parks and Recreation Department provides notice of PRAB meetings as required by BRC 2-3-
1(b)(5).
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VI. COMMON MODES OF PRAB OPERATIONS
PRAB may request information and recommendations from the department under Article XI, Section 160(f)
via passing a motion that makes that request. The usual process for making such a request is to introduce an
idea during the ‘approval of agenda’ portion of the meeting and then have an initial discussion of it under
either the ‘matters for discussion/information’ or ‘matters from board members’ portion of the meeting.
Following initial discussion, PRAB should vote on a motion to dispose of the idea, to include it on the agenda
for the next business meeting for further work, or to make another motion that actually spells out the request
of the department.
Items that a PRAB member wishes to discuss with PRAB should be raised by that member in the form of a
motion for informal consideration. If the motion carries, then an informal discussion can take place either
under the ‘matters from board members’ portion of the current meeting or under another portion of the current
meeting as specified in the motion approved. An informal discussion is started by a motion but does not
center on a motion, so the rules for handling motions and debate do not apply during the period of informal
discussion. Following informal discussion, a PRAB member may make a motion to include the item for
action on the agenda for the current meeting or for the next meeting. If a motion to add the item to the current
meeting agenda is approved, then any PRAB member may make a motion on that item.
C. PRAB Action
PRAB takes action via a motion, debate on a motion, and voting on a motion. If a PRAB member wishes the
board to take immediate action on an item, that member should raise the item during the ‘approval of agenda’
portion of the meeting in the form of a motion for debate. If the motion carries, then the issue can be debated
during the ‘items for action’ portion of the current meeting.
A. Prior to a Meeting
1. PRAB members should review their meeting packets and come to the meeting prepared to address the
agenda without undue delay.
2. To the extent that an individual PRAB member has a question regarding a particular agenda item, the
PRAB member may address the question to the Department Director. If time permits, staff may respond
to the PRAB member who raised the question prior to the meeting and the PRAB as a whole. The
inquiry and response shall be reported at the PRAB meeting by the PRAB member who raised the
question and the chair shall provide the Department an opportunity to speak to the question.
1. The usual meeting time and place shall be the fourth Monday of each month starting at 6 pm in the City
Council chambers; however, the time and place may be changed upon adequate prior notice to the
public, PRAB, and the department.
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C. Required Officers
1. Presiding Officer
The chair of PRAB is the presiding officer, unless absent. In the absence of the chair of PRAB, the
vice-chair of PRAB shall be the presiding officer. If both the chair of PRAB and the vice-chair of
PRAB are absent, then a member of PRAB shall be elected by a majority vote of the PRAB
members present as chair pro tem and shall serve as the presiding officer.
2. Secretary
In the absence of the secretary, a secretary pro tem shall be elected by a majority vote of the members
present.
E. Rights of Members
Make motions
Speak in debate on motions
Vote
Require a retake of a voice vote of which the result is doubted by the member
Make a point of order to insist on the enforcement of the rules if the member notices a breach of the
rules that the presiding officer has not corrected
Make a parliamentary inquiry of the presiding officer if uncertain as to whether there is a breach on
which a point of order can be made
F. Appeal
Although the duty of ruling on all questions of parliamentary procedure rests with the presiding officer, any
two members can require him to submit a ruling to the vote of PRAB by moving and seconding an
appeal immediately after the presiding officer has made a ruling. By one member making the appeal
and another seconding it, the ruling is taken from the presiding officer and vested in PRAB for final
decision.
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G. Quorum
1. Four members of PRAB constitute a quorum, as specified in Article XI, Section 159.
2. It is the duty of the presiding officer to determine that a quorum is present before calling a meeting to
order. An announcement is not required.
3. The only actions that can be taken in the absence of a quorum are:
Fix a time at which to adjourn
Adjourn
Recess
Take measures to obtain a quorum
1. Before speaking, a member must claim the floor by raising their hand. The chair will recognize a
member by nodding or announcing.
2. While a motion is open to debate, if the member who made the motion claims the floor and has not
already spoken on the question, then she or he is entitled to be recognized first.
I. Rules of Speaking
1. Making a motion
A member, after obtaining the floor, makes a motion. If necessary, the motion can be prefaced by a few
words of explanation, which must not become a statement, or a member can first request information
or can indicate briefly what he wishes to propose and request the chair or another member to assist
with appropriate wording. A resolution or a long or complicated motion should be prepared in
advance of the meeting, if possible, and should be put in writing before it is offered.
2. Seconding a motion
Another member can second the motion to indicate that the motion should come before PRAB for
consideration. The seconder may speak and vote against the motion. If there is no second, the chair
shall not recognize the motion.
The chair formally places the motion before PRAB by stating the exact motion and announcing it is
open to debate. The chair may require any motion to be in writing before she or he states it. Note
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that a motion can be withdrawn by its proposer anytime before the chair states the motion. Once the
chair has stated it, the motion can be withdrawn only by permission of PRAB.
4. Debate
(a) The presiding officer can enter into the debate on the pending motion.
(c) The speaker’s position on the motion should be stated directly, such as “I support this motion
because…” or “I oppose this motion because…”
(d) In addition to the rules for speaking in section VI I above, the following rules of decorum apply:
i. Members shall confine remarks to the merits of the pending question – discussion that departs
from the subject is out of order
iv. Members who are interested and informed on the subject may speak several times providing that
members who have not already spoken are not seeking recognition.
v. Merely asking a question or making a brief suggestion is not considered a statement in debate.
vi. After each member has had the opportunity to be heard in each round of debate, the chair shall
ask if there is any further discussion. If not, the motion is put to a vote.
(e) Amendments
i. An amendment must always be closely related to or have bearing upon the subject of the motion to
be amended. No new subject can be introduced under the pretext of an amendment but an
amendment can be hostile to or defeat the spirit of the original motion.
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5. Putting the motion to a vote
(a) The presiding officer asks “Is there any further discussion?” If no one claims the floor, then the
chair announces the exact motion. If there is any possibility of confusion, the chair should explain
the effect of a yes vote and the effect of a no vote.
(b) The presiding officer announces the form of the vote, in accordance with section L below.
Motions other than main motions are available and members are encouraged to consult The Standard Code of
Parliamentary Procedure (2001) for further information. Some of the more useful motions available are
summarized in the table appearing in part II of the appendix.
L. Improper Motions
1. A motion is out of order if it conflicts with US, Colorado, or City of Boulder law.
2. A motion is out of order if it proposes action outside the legal scope of PRAB.
3. A motion is dilatory and out of order if it seeks to obstruct or thwart the will of PRAB as clearly indicated
by the existing parliamentary situation or if it is absurd in substance.
The following chart is adopted from The Standard Code of Parliamentary Procedure (2001):
N. Voting
1. A roll call vote on a rotating basis of the roll shall be taken upon all motions pertaining to:
disposal of park lands
expenditure or appropriation from the permanent park and recreation fund
grant or denial of any license or permit in or on park lands
review of the budget
recommendations on the budget
2. For all other motions, the vote may be taken by voice, by show of hands, or by roll call on a rotating basis
of the roll as determined by the presiding officer subject to appeal.
3. Unless otherwise expressly provided in the Charter or BRC, an affirmative vote of a majority of the
members present shall be necessary to authorize any action of PRAB, as specified in Article XI, Section
159.
4. Any member who doubts the result of a voice vote has a right to require a retake of that voice vote as a
show of hands.
5. If a PRAB member is present and refuses to vote, the member’s vote shall be recorded in the affirmative.
No member is excused from voting except on approving minutes of a meeting that the member did not
attend or on a matter creating a conflict of interest as specified by BRC 2-3-1(f).
PRAB may hold meetings other than the monthly business meeting. Such meetings shall be called by PRAB
by a majority vote on a motion – the motion shall include the time and place of the meeting. Such meetings
are subject to the legal context in which PRAB exists including notice and minutes. Such meetings may be
study meetings with city staff, PRAB working meetings without staff, or other forms as needed.
Except as provided herein or specified in the Charter or BRC, all matters of procedure are governed by The
Standard Code of Parliamentary Procedure (2001).
X. AMENDMENT
Provided notice of proposed changes, which includes additions, has been given to each PRAB member and to
the Office of the City Attorney at least fifteen days prior to a business meeting, these rules may be amended
by PRAB by an affirmative vote of four members.
XI. REVIEW
At the first business meeting of each calendar year, these rules shall be reviewed by PRAB for the purposes of
PRAB members maintaining familiarity with these procedures, assessing the effectiveness of these rules,
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and evaluating if any modifications are needed. Updates to the handbook, especially updating the statutory
quotations, should also be made by PRAB in cooperation with the City Attorney’s Office at that time.
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PART THREE: APPENDIX
(a) Purpose: The purpose of this chapter is to protect the integrity of city government by:
(1) Defining and forbidding certain conflicts of interest that if left unchecked tend to compromise
the ability of elected and appointed public officials and public employees to perform their duties
without improper financial influence.
(2) Defining and discouraging certain actions that may create an appearance of impropriety that
undermines public trust in the accountability and loyalty of elected and appointed public
officials and employees.
(3) Protecting the integrity of city government by providing standards of conduct and guidelines
for elected and appointed public officials and public employees to follow when their private
interests as residents conflict with their public duties.
(4) Fostering public trust by defining standards of honest government and prohibiting the use of
public office for private gain.
(1) Prohibit public officials and public employees from acting on any matter in which he or she
may have a conflict of interest.
(2) Establish aspirational guidelines to encourage public officials and public employees to avoid
any appearance of impropriety.
(3) Require adherence to any provision of state or federal law that imposes a higher standard of
conduct than this chapter.
(c) Findings: The city council finds and determines that this chapter is necessary to protect the
public health, safety, and welfare of the residents of Boulder.
(a) Conflicts Prohibited: No public official or public employee shall make or participate in the
making of any official action in which he or she knows or should have known that he or she
would have a conflict of interest.
(b) Disclosure Required: Each public official or public employee shall disclose any conflict of
interest and disqualify him or herself from participating in the relevant action as provided in
section 2-7-10, "Disclosure and Recusal Procedure," B.R.C. 1981.
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(a) Use Of Position For Gain Prohibited: No city council member, employee, or appointee to a
city board, commission, task force or similar body shall use his or her public office or position
for financial gain.
(b) Use Of Confidential Information For Financial Gain Prohibited: No city council member,
employee, or appointee to a city board, commission, task force or similar body shall use or
disclose confidential information obtained as a result of holding his or her public office or
position, to obtain financial gain, whether for personal gain; gain for his or her relative; gain of
any property or entity in which the official or employee has a substantial interest; or gain for
any person or for any entity with whom the official or employee is negotiating for or has any
arrangement concerning prospective employment.
(a) Duty Of A Member Of City Council, Board, Commission, Task Force Or Similar Body: No
city council member or appointee to a city board, commission, task force or similar body shall
disclose privileged or confidential information without a public majority vote granting the
permission of the council or similar body that holds the privilege. The sanction for a member of
the city council, board, commission, task force or similar body shall be censure of the body,
reached by a majority vote of the body, not including the member charged with disclosing such
confidential information.
(b) Duty Of A City Employee: No city employee shall disclose privileged or confidential
information, obtained as a result of holding his or her public office or position, unless the
employee has first received approval by the city manager acting upon the advice of the city
attorney.
(a) Gifts Prohibited: No city council member or appointee to a city board, commission, task
force or similar body, or city employee, or relative of such employee or official shall accept
anything of value including, without limitation, a gift, a favor, or a promise of future employment
if:
(1) The official or employee is in a position to take official action with regard to the donor; or
(2) The city has or is known to be likely to have a transactional, business, or regulatory
relationship with the donor.
(b) Exceptions And Items Not Considered Gifts: The following shall not be considered gifts for
purposes of this section, and it shall not be a violation of this chapter for a person to accept the
same:
(5) Reasonable expenses paid by other governments or governmentally related organizations for
attendance at a convention, fact-finding mission or trip, or other meeting if the person is
scheduled to deliver a speech, make a presentation, participate in a panel, or represent the city;
(6) Items which are similarly available to all employees of the city or to the general public on the
same terms and conditions; and
(7) A single unsolicited ticket given to a city council member and valued at not in excess of
$150.00 to attend events open to the public on behalf of the city, such as awards dinners,
nonprofit organization banquets and seminars, provided that:
(A) The ticket is offered only to the council member and has no resale value; and
(B) The ticket is not offered by a commercial vendor who sells or wishes to sell services or
products to the city; and
(a) Prior Employment: No person shall be disqualified from service with the city as an official or
employee solely because of his or her prior employment. Officials and employees shall not take
official action with respect to their former employers for a period of six months from the date of
termination of the prior employment.
(b) Disclosure Of Employment And Other Business Activities: All officials and employees, other
than elected officials, shall report existing or proposed outside employment or other outside
business interests that may affect their responsibilities to the city in writing to their appointing
authorities prior to being appointed or hired. After being appointed or hired, all such people
shall report any changes of employment or changes to outside business interests that may affect
the person's responsibilities to the city, within thirty days after accepting the same. An employee
that has received permission from the city manager may engage in outside employment or
outside business interests.
(c) Disclosure By City Council Members: Members of the city council shall report any change in
their employment status that could give rise to a conflict of interest under this chapter.
(d) Activities That Occur After Termination Of Employment Or Office: No former official or
employee shall seek or obtain employment concerning matters upon which he or she took official
action during his or her service with the city for six months following termination of office or
employment. This provision may be waived by the city council or the city manager.
(f) Participation In Litigation After Termination: No former official shall engage in any action or
litigation in which the city is involved on behalf of any other person or entity, if the action or
litigation involves a matter upon which the person took official action during his or her service
with the city for twelve months following termination of service with the city.
(a) No official or employee shall appoint, hire, or advocate the appointment or hiring by the city
any person who is his or her relative. In the event that an employee is concerned that the
employee's decision to appoint, hire or advocate the appointment or hiring by the city a person
who is the employee's relative may cause an appearance of violating this section, the employee
may request that the city manager make such decision on the employee's behalf. Council-
appointed officers may request the city council to make such an appointment or hiring decision
on their behalf.
(b) The city may enter into transactions with companies, corporations or other business
organizations that employ a relative of a city official or employee, provided that:
(1) The official or employee does not participate in the decision making that leads to hiring the
company, corporation, or other business organization that employs his or her relative; or
(2) The business organization is a publicly-traded corporation that provides its services or
products to the city on nondiscriminatory terms justified by the market facts and circumstances
of each transaction; or
(3) The company, corporation, or business organization has been doing business with the city for
at least one year prior to the date the city official's or employee's relative became employed by
the company, corporation or other business organization, and the city official's or employee's
relative is not directly employed upon matters involving the city and does not have his or her
compensation tied in any manner to the success of the company, corporation, or other business
organization, or its ability to obtain business or earn compensation from the city.
(a) City Council Members Barred From Representing Others: No city council member shall
appear on behalf of himself or herself, or another person, before the city council or any city
board, commission, task force or similar body. A city council member may be affiliated with a
firm appearing on behalf of or employed by another person concerning any transaction with the
city before such a body if the council member discloses the situation and recuses himself or
herself pursuant to section 2-7-10, "Disclosure and Recusal Procedure," B.R.C. 1981.
(b) Board, Commission Or Task Force Members Barred From Representing Others: An
appointee to a city board, commission, task force or similar body may appear or be affiliated
with a firm appearing concerning any transaction with the city under the following
circumstances:
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(1) An appointee may appear on his or her own behalf before the body of which he or she is a
member to represent his or her personal interests, if the appointee discloses the situation and
recuses himself or herself pursuant to section 2-7-10, "Disclosure and Recusal Procedure,"
B.R.C. 1981, or before the city council;
(2) An appointee may appear on behalf of another person before any city body except the city
council or the body of which the appointee is a member;
(3) A firm with which an appointee is affiliated may not appear on behalf of or be employed by
another person concerning any transaction before the body of which the appointee is a member
unless the appointee discloses the situation and recuses himself or herself pursuant to Section 2-
7-10, "Disclosure and Recusal Procedure," B.R.C. 1981.
(c) City Employees Barred From Representing Others: No city employee shall appear on behalf
of or be employed by another person concerning any transaction with the city or before the city
council or any city board, commission, task force or similar body. An employee may appear
before such a body on his or her own behalf or on behalf of such employee's spouse, parent, or
child. Nothing in this chapter shall be deemed to prohibit the city manager from establishing
additional policies and regulations to prevent conflicts of interest between city employees and
the city.
(d) City Council Members And Municipal Court: No city council member who is an attorney
shall appear on behalf of or be employed by another person or be affiliated with a firm
appearing on behalf of or employed by another person concerning any matter before the
municipal court.
(e) City Employees And Municipal Court: No city employee who is an attorney shall appear on
behalf of or be employed by another person or be affiliated with a firm that appears on behalf of
or is employed by another person concerning any matter before the municipal court. A non-
attorney employee may appear before the municipal court on his or her own behalf, and an
employee other than a municipal court judge may appear on behalf of such employee's spouse,
parent, or child to the extent otherwise allowed by law. This authority is intended to allow
employees to assist family members in matters before the municipal court to the extent permitted
by law but not to promote the unauthorized practice of law.
(f) Board, Commission, Or Task Force Member And Municipal Court: An appointee to a city
board, commission, task force or similar body may appear before the municipal court and may
be affiliated with a firm appearing before the municipal court.
(g) Consent To Sue: No city council member or appointee to any city board, commission, task
force or similar body shall be a party or by himself or herself or as an affiliate of a firm appear
on behalf of a party in a civil law suit in which the city is an adverse party, unless the member or
appointee first obtains the consent of the city council.
(a) These guidelines are intended to establish ethical goals and principles to help city council
members, employees, and appointees to a city board, commission, task force or similar body to
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determine if their actions may cause an appearance of impropriety that will undermine the
public's trust in local government.
(b) Violations of this section shall not constitute a violation of this chapter. Compliance with this
section will not constitute a defense for violation of another subsection or section of this chapter.
(c) A city council member, employee, or appointee to a city board, commission, task force or
similar body who determines that his or her actions may cause an appearance of impropriety
should consider, but is not required to, disclose and recuse as prescribed by section 2-7-10,
"Disclosure and Recusal Procedure," B.R.C. 1981, in the following circumstances:
(1) If the person is an employee of a state or federal government entity with a substantial interest
in any transaction with the city;
(2) If the person has a close friend with a substantial interest in any transaction with the city,
and the council member, appointee, or employee believes that the friendship would prevent such
person from acting impartially with regard to the particular transaction;
(3) If the person has an interest in any transaction with the city that is personal or private in
nature that would cause a reasonable person in the community to question the objectivity of the
city council member, employee, or appointee to a city board, or commission;
(4) If the person is called upon to act in a quasi-judicial capacity in a decision regarding any of
the situations described in paragraphs (c)(1), (c)(2), and (c)(3) of this section; or
(5) If the person owns or leases real property within six hundred feet from a parcel of property
that is the subject of a transaction with the city upon which he or she must make a decision, and
is not required to receive official notice of a quasi-judicial action of the city. (Ordinance No.
7453 (2006))
(a) Disclosure And Recusal: No person with a conflict of interest pursuant to subsection 2-7-
2(a), B.R.C. 1981, and no person described in subsection 2-7-8(a) or (b), B.R.C. 1981, shall fail
to give written notice of the interest described in such subsection to the city council or the city
board, commission, task force or similar body of which the person is a member and the city
manager as soon as reasonably possible after the interest has arisen. However, no written notice
is required if such person discloses the conflict of interest on the record of a public meeting of
the city council or the city board, commission, task force or similar body of which the person is a
member. The interested council member, employee, or appointee shall thereafter:
(1) Refrain from voting upon or otherwise acting in an official capacity in such transaction;
(2) Physically absent himself or herself from the room in which a matter related to such
transaction is being considered; and
(3) Not discuss any matter related to such transaction with any other member of the council,
board, commission, task force, or similar body of which the person is a member.
(b) Recusal By The Council, Board, Commission, Task Force Or Similar Body: The city council
and any city board, commission, task force or similar body may order recusal of one of its
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members if that member has an obligation to do so under this chapter and has failed to do so.
Such an order is valid if reached after majority vote of the members of the body, not including
the member whose recusal is sought, based on competent evidence.
2-7-11 Enforcement.
(a) Violations Prohibited: No person shall violate the requirements of this chapter.
(b) Complaints: A complaint alleging a violation of this chapter may be initiated by any of the
following:
(1) Complaints Initiated By The City Manager Or City Attorney: The city manager or city
attorney may initiate an investigation of any city employee, other than those directly reporting to
the city council, if facts are alleged to the city manager in any form that, if true, would constitute
a violation of the provisions of this chapter.
(2) Complaints Initiated By A Resident Or City Employee: A resident of the city or any city
employee may initiate an investigation of any city council member, employee, or appointee to a
city board, commission, task force or similar body by filing a sworn statement with the city clerk
setting forth facts which, if true, would constitute a violation of a provision of this chapter.
(3) Complaints Initiated By The City Council: The city council may initiate an investigation of
any of its employees, and of any city council member or appointee to a city board, commission,
task force or similar body if facts are alleged to the council that, if true, would constitute a
violation of the provisions of this chapter.
(c) Investigation Of A Complaint: The city manager (for city employees) or the city council (for
all others) shall request the city attorney to conduct an investigation regarding a violation of this
chapter. The city attorney may request that the city council appoint special counsel to investigate
and prosecute any case that may cause the city attorney to have a conflict of interest or may
cause an appearance of impropriety under the provisions of this chapter, or may violate any rule
regarding professional responsibility.
(d) Response To All Complaints Required: A public official or body, or appointee thereof,
conducting an investigation pursuant to subsection (b) of this section shall prepare written
findings of fact and conclusions of law in response to all complaints that shall be made available
to the public upon completion of the investigation. The response may include a finding that the
complaint has no merit, is frivolous, is groundless, or is brought for purposes of harassment.
(e) Limitations: No action may be taken on any complaint that is filed later than twelve months
after discovery of the facts supporting an allegation that a violation of this chapter occurred.
(a) Transactions Voidable: If a transaction including but not limited to a contract or sale is
consummated contrary to the provisions of subsection 2-7-2(a), B.R.C. 1981, the city council
may void the transaction.
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(b) Removal By City Council: The city council may remove any of its employees and any member
of a city board, commission, task force or similar body that it finds has willfully violated any
provision of this chapter.
(c) Sanction Recommendations: If the party conducting an investigation pursuant to section 2-7-
11, "Enforcement," B.R.C. 1981, finds that a city council member or an appointee to a city
board, commission, task force or similar body, or employee has violated any provision of this
chapter, the investigator shall provide its findings and recommendations to the city manager or
city council, as appropriate, who or which in turn may take any of the following actions:
(2) In the case of a city employee, a motion for censure or a recommendation that the employee's
appointing authority consider disciplining or discharging the employee;
(4) As an alternative or in addition to the sanctions imposed herein, the city council may resolve
that any person or entity causing, inducing, or soliciting a public official or public employee to
violate this chapter may not be involved in any transaction with the city, including but not
limited to the award of any city contract, grant, loan or any other thing of value for a period of
twelve months or that any such contract, grant, loan or thing of value be terminated, repaid or
forfeited.
(d) Civil Remedies: Any person affected by a city transaction may commence a civil action in the
District Court in and for the County of Boulder for equitable relief to enforce the provisions of
this chapter upon a showing of willful violation of any provision of this chapter. Before filing
such an action, the person shall present the claim to the city attorney to investigate in
accordance with subsection 2-7-11(c), B.R.C. 1981. The city attorney or appointed special
council shall have sixty days to act thereon. No civil action in district court pursuant to this
subsection may be commenced later than twelve months after a violation of this chapter is
alleged to have occurred.
(e) Criminal Sanctions: The city attorney, or special counsel authorized to act on behalf of the
city attorney, acting on behalf of the people of the city, may prosecute any violation of this
chapter in municipal court in the same manner that other municipal offenses are prosecuted.
(f) Defense: It shall be a defense to any charge of a violation of this chapter if the city council
member, employee, or appointee to a city board, commission, task force or similar body obtained
an advisory opinion pursuant to section 2-7-13, "Advisory Opinions and Outside Counsel
Appointment," B.R.C. 1981, and was acting in accordance with the advice provided thereby.
(a) City Attorney To Provide Advisory Opinions: Any city council member, employee, or
appointee to a city board, commission, task force or similar body may request an advisory
opinion of the city attorney whenever a question arises as to the applicability of this chapter to a
particular situation. The city attorney's advisory opinion may provide a specific defense from
prosecution as set forth in section 2-7-12, "Sanctions And Remedies For Violation," B.R.C. 1981.
Page 29 of 41
(b) Appointment Of Outside Counsel: If a significant controversy arises under this chapter, the
city attorney may appoint a neutral outside counsel to assist in resolving the issue.
Nothing in this chapter shall be deemed to apply to a city employee or appointee to a city board,
commission, task force or similar body who appears before any such body to urge action on a
policy or issue of a general civic nature or to the relationship between the city council, the city,
and a general improvement district. Participation in an improvement district shall not, in and of
itself, constitute a conflict of interest for a city council or improvement district advisory
committee decision concerning the district.
2-7-15 Definitions.
"Affiliated with" means an employee, partner, agent, stockholder, joint venturer, or corporate
director of any business organization or a person who shares office space with such
organization.
"Appear on behalf of" means to act as a witness, advocate, or expert or otherwise to support or
oppose the position of another person.
"Conflict of interest" shall mean any situation in which a city council member, an appointee to a
city board, commission, task force or similar body, or a city employee:
(b) Has a relative with a substantial interest in any transaction with the city;
(c) Has a substantial interest as an affiliate of a firm with a substantial interest in any
transaction with the city;
(e) Is an officer of an organization that has taken an official position on any transaction with the
city;
(g) Is affiliated with a law, accounting, planning, or other professional firm that has substantial
interest in any transaction with the city; or
(h) Is required to receive official notice of a quasi-judicial action from the city.
"Gift" means any payment, entertainment, subscription, forbearance, service, or any other thing
of value, rendering or deposit of money, which is transferred to a donee directly or in trust for
his or her benefit. "Gift" shall not include campaign contributions as permitted by law.
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"Official action" means any legislative, administrative, or quasi-judicial act of any public
official or employee including, without limitation, participation in, or influence of, the decision-
making process leading up to a vote or final determination.
"Public employee" or "employee" means any person holding any paid position of employment
with the city, but shall not include consultants or contractors who have independent control over
their work product.
"Public official" or "official" means any person holding a position with the city by election and
any person holding a position as an appointee of the city council or the city manager serving on
any city board, commission, task force or similar body.
"Relative" means any person related to a public official or an employee by blood, marriage or
adoption, through the second degree of consanguinity, including, without limitation, the
following: spouse, parents, parents-in-law, children, children-in-law, brothers and sisters,
brothers and sisters-in-law, grandparents, grandchildren, aunts, uncles, cousins, nephews, and
nieces. A separation between spouses shall not be deemed to terminate relationships described
above which exist only because of marriage.
"Substantial interest" means a situation, including, without limitation, a financial stake in the
outcome of a decision in which, considering all of the circumstances, would tend to influence the
decision of a reasonable person faced with making the same decision.
"Transaction" means a contract of any kind; any sale or lease of any interest in land, material,
supplies, or services; or any granting of a development right, any planning, zoning or land use
or review process that may precede granting of a development right, license, permit, or
application. A transaction does not include any decision which is legislative in nature that
affects the entire membership of a class or a significant segment of the community in the same
manner as the affected official or employee.
Adopted by Ordinance No. 4677. Amended by Ordinance Nos. 5396, 7286. Derived from
Ordinance No. 3792. Repealed and reenacted by Ordinance No. 7442.
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II. City Attorney’s March 30,2007 Report entitled “Summary of Important Legal Responsibilities for
Board Members and Commissioners
This report summarizes some important city and state laws that
govern how you must conduct yourself as a Boulder board or commission
appointee. These laws create rules to protect the public’s trust in local
government. But they are more than rules – these laws truly define the
essentials of responsive and effective local governance.
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This report is organized into six sections which discuss the
following topics:
Respectfully submitted,
Page 33 of 41
1. The Basics of Colorado “Home Rule” Government.
Between the Civil War and the early twentieth century, municipal
governments were considered “creatures” of the state. Cities had only
those few and limited powers that were granted by state legislation.
During the same period, the Fourteenth Amendment – which was intended to
assure Constitutional protection for freed slaves – was interpreted to
extend a wide array of rights to corporations. It is perhaps not
coincidental that several leading jurists of the day (and the leading
municipal law scholar) were former railroad corporation lawyers. 2
2 In 1868, Iowa Supreme Court Justice (and former railroad lawyer) John F.
Dillon authored “Dillon’s Rule.” This rule held that cities have only
those powers expressly granted by the state or necessarily implied as
essential to the purposes declared by the state.
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challenges from interest groups which would prefer to have uniform state
control. Home rule power must also be protected for the people who have
vested local control in Boulder’s city government. Many of the laws
discussed below are aimed at maintaining the open and ethical foundation
of Boulder’s home rule powers.
Page 37 of 41
(5) If the person owns or leases real property within six
hundred linear feet from a parcel of property that is the
subject of a transaction with the city upon which he or she must
make a decision, and is not required to receive official notice
of a quasi-judicial action of the city.” Section 2-7-9, B.R.C.
1981.
6 While the rules discussed in this report are designed to protect the
public’s ability to trust local government, it is important to recognize
that skepticism about government is not necessarily an indicator of
failure. Indeed, skepticism should be respected as it is a measure of the
public’s engagement in their civic affairs. As public officials, we
answer skepticism by openness, honesty, hard work, and demonstrated
competence. Public trust is earned by daily dedication to these core
values.
Page 38 of 41
lobby of the Municipal Building and electronically. Agendas for regular
board and commission meeting are published in the Daily Camera as well.
No Ex Parte Contacts
◊◊◊◊◊
Page 41 of 41
Attachment B
PROCEDURAL RULES
OF THE
PARKS AND RECREATION ADVISORY BOARD OF THE
CITY OF BOULDER, COLORADO
Adopted on April 8, 1996
(amended July 2000)
Pursuant to the provision of Section 159 of the Charter of the City of Boulder and Section
2-3-1, B.R.C. 1981, the Parks and Recreation Advisory Board of the City of Boulder adopts the
following rules governing the general conduct of its business.
In handling routine business the Board may, by general consent, use more informal
procedure than that set forth in these rules. Any rule may be suspended at any time by an
affirmative vote of four members of the Board taken at a meeting open to the public.
I. SCOPE OF RULES
A. PROCEDURES GOVERNED. These rules govern the procedures of the Parks
and Recreation Advisory Board of the City of Boulder, Colorado, with respect to
all matters entrusted to the Board by the City Charter, the City Council, or by
ordinance or resolution of the City of Boulder. These matters include, but are not
limited to, recommendations to City Council concerning disposal of park land,
expenditures or appropriations from the Permanent Parks and Recreation Fund,
grant or denial of any license or permit in or on park lands, protection and
maintenance of park lands, the parks and recreation proposed budget, and any
additional parks and recreation matters upon which our Board=s advice or
approval is requested.
Sec. 162 and 163 of the Charter of the City of Boulder address more
specifically the binding nature of the Parks and Recreation Advisory Board’s
recommendation regarding disposal and acquisition of park properties.
B. EFFECTIVE DATE. These rules shall take effect on July 24, 2000, and thereafter
1
all prior rules or regulations of the Board in conflict therewith shall be repealed
and of no further force or effect. A copy of these rules shall be placed on file in
the central file of the City and shall be available to the public.
2
II. OFFICERS OF THE BOARD
A. OFFICERS. The Board shall select a Chair and a Vice Chair from among its
members to serve for one year. The Director or the Director’s designee shall be
Secretary to the Board.
B. DUTIES OF THE CHAIR. The Chair is responsible for conducting the Board’s
meetings in an orderly and fair manner and assuring that minority opinion may be
expressed and that the majority is allowed to rule. The Chair shall decide all
points of order or issues of procedure unless otherwise directed by a majority of
the Board in session at that time. The Chair shall determine items to be placed on
the agenda of any regular meeting after consultation with the Director.
C. DUTIES OF THE VICE CHAIR. The Vice Chair shall preside in the absence of
the Chair and shall assume all the duties of the Chair. In the event that both the
Chair and the Vice Chair are absent at a meeting, an acting Chair shall be selected
by a majority vote of those members present at the meeting.
D. DUTIES OF THE PARKS AND RECREATION DIRECTOR. The Parks and
Recreation Director or designee shall serve as Secretary to the Board and shall be
the regular technical advisor of the Board and shall present all agenda items to the
Board, and shall generally supervise the clerical work of the Board.
The Secretary shall prepare the Agenda, keep or cause to be kept a full and
true record of all meetings of the Board; shall be the custodian of all documents
and written materials belonging to the Board, and shall issue notices of meetings
and calls for special meetings as previously provided.
E. NOMINATIONS AND ELECTIONS. Nominations for Chair and Vice Chair are
made each year at the first meeting following City Council appointments to the
Board. The Chair will be elected prior to nominations for Vice Chair.
Nominations are made orally. No second is required, but the consent of the
nominee shall have been obtained in advance. Any person so nominated may
withdraw his or her name from nomination. Silence by a nominee shall be
interpreted as acceptance of candidacy. A motion shall be made and seconded to
3
close the nominations and acted upon as any motion. The voting is accomplished
by the raising of hands unless there is only one nomination and a unanimous vote
for the candidate. The names shall be called in alphabetical order or reverse
alphabetical order depending upon a flip of a coin by the Secretary, who shall
thereafter alternate the order for all further election ballots during the same
meeting. The first candidate for each position receiving four or more votes is
elected. In case a vacancy shall occur in any of the offices, an election to fill the
vacancy may be held at the next regular meeting.
MEETINGS
A. REGULAR MEETING. The regular meeting shall be held monthly, generally the
fourth Monday of the month, in Council Chambers. Additional meetings to be
scheduled are board tours, study sessions and subcommittee meetings. Any
meeting involving three or more board members must be publicized in
advance.
B. SPECIAL MEETINGS. Special meetings may be called at any time by three
members of the Board. This is done by submitting a written request to the
Director stating the reason for the special meeting at least 48 hours in advance of
the proposed meeting. The Director will notify the Board members, giving them
the 24-hour notice required in the Charter and will provide as much public notice
as practicable under the circumstances.
C. QUORUM. A quorum shall be four members of the Board.
AGENDA
The printed agenda is distributed to Board members no later than four days preceding the Board
meetings, whether regular, special or continued meetings. Notice shall be given of all agenda
items by publication of the title or a general description thereof in the Boulder Daily Camera on
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the weekend preceding the Board meeting. Notice shall not be necessary when items are adopted
by emergency. A majority of the Board present at a meeting by motion and vote may determine
that an item qualifies as an emergency. Items for the Board agenda may be submitted by Board
members, City Council members, the City Manager’s office, department heads of the City and
by citizens. Items to be considered must be submitted in writing to the office of the Director by
noon Monday no later than two weeks prior to the regular meeting. The Chair shall determine the
items to be placed on the Agenda of any regular meeting after consultation with the Director.
The Agendas of special meetings shall be set by those members of the Board calling the meeting.
Additionally, by concurrence of four or more members of the Board, the Board may direct
preparation of a matter for the Agenda or may request staff to expend substantial time on any
matter. The Chair sets the order of the Agenda, which shall generally be as follows:
I. APPROVAL OF THE AGENDA (6 p.m.). Items will generally not be added but may be
added or deleted with the consent of the Chair
II. APPROVAL OF MINUTES Minutes of the previous meeting must either be read and
approved or approved as made available beforehand. Opportunity must be given in either
case to correct the minutes before approval, and the approval is then as corrected.
III. CITIZEN PARTICIPATION The Board’s goal is to start Citizen Participation at 6:05
p.m. sharp. In any event Citizen Participation will not be closed prior to 6:15 p.m. This
portion of the meeting is provided for citizens to communicate ideas or concerns to the
Board regarding parks and recreation issues which are not related to Items for Action.
VII. RECESS At any time during the Agenda, the Chair may declare a recess until a specified
time.
VIII. ITEMS FOR DISCUSSION/INFORMATION No final decision may be made under this
item, or under A or B below until after an allowance for citizen participation is made.
Proposed decisions are announced by the Chair prior to opening Citizen Participation to
allow for public testimony, board questions, staff response, board motion, consideration
and debate and an informed final decision.
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IX. UPCOMING BOARD MEETINGS AND DATES
XI. ADJOURNMENT The Board’s goal is that all meetings be adjourned by 8:30 p.m. An
agenda check will be conducted at or about 8 p.m., and generally, absent a deadline
which the Board cannot affect, no new substantial item will be addressed after 8:30 p.m.
III. RULES OF SPEAKING
A. To obtain the floor, a Board member or staff member shall address the Chair.
B. To assign the floor, the Chair recognizes by calling out the person’s name. Only
one person may have the floor at a time. A person shall not speak while another
has the floor. The Chair generally next recognizes the person who first asks for
the floor after it has been relinquished.
C. During citizen participation or public hearings, members of the public are
recognized by the Chair. No person shall make a presentation (not including
Board questions) of more than three minutes, unless given permission by the
Chair before beginning to speak.
D. Each speaker is requested to direct remarks to the Board action which is being
requested. The Chair shall have the authority to interrupt any speaker digressing
from the subject and may ask that points already presented not be repeated.
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indicate ", “I am opposed to the motion because..”, etc. Remarks should be
addressed to the Chair.
C. The Chair restates the motion and puts the question. Negative as well as
affirmative votes are taken.
1. If the Chair is in doubt of the result of a voice vote, the Chair may call for
raising of hands or a roll call vote.
2. If any Board member is in doubt of the result of a voice vote, the Board
member may obtain a vote by raising of hands or by roll call by calling for
it (without need to be recognized by the Chair).
3. In case of a tie vote, the motion is lost.
D. The Chair announces the result. The motion is not completed until the result is
announced.
V. VOTING
Voting ultimately decides all questions. A roll call vote is required for any matter
relating to the acquisition or disposal of land and the adoption of the Capital
Improvements Program budget. For other items, the Board may use any one of the following
ways of voting:
A. Voice Vote. All in favor say “aye”, and all opposed say “no”. The Chair rules
on whether the “ayes” or the “nos” predominate, and the question is so decided.
B. Raising of Hands. All in favor raise their hands, and then all opposed raise their
hands. The Chair decides which predominates and notes dissents for the record.
C. Roll Call. The Secretary calls the roll of the Board members, and each member
present votes “aye” and “no” as each name is called. The roll is called in
alphabetical order, with the following special provision: on the first roll call vote
for the meeting, the Secretary shall begin with the first name on the list; on the
second vote, the Secretary shall begin with the second and end with the first; and
so on, continuing thus to rotate the order. This rotation shall continue from
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meeting to meeting.
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Attachment C
Thank you for your interest in speaking to the City of Boulder’s Parks and Recreation
Advisory Board (PRAB). As Advisory Board members, we welcome the opportunity to hear
from city staff regarding matters from other departments that impact Boulder’s parks and
recreational system and services (including the city’s tree canopy) or relate to the health and
well-being of the community. The following guidance is intended to ensure we make the best
use of the time available.
Spoken Presentation. Please limit your spoken presentation to 10 minutes. Please assume we
have read the materials provided and focus the presentation on the portions that are relevant to
the PRAB. If there are various options under consideration, please identify the trade-offs as they
relate to parks and recreation facilities, services or programs. Brief introductory remarks will
enable more time for questions and discussion.
The Parks & Recreation Advisory Board members look forward to meeting with you.
C I T Y O F B O U L D E R, C O L O R A D O
Office of the City Attorney
Municipal Building
1777 Broadway
Post Office Box 791
Boulder, Colorado 80306
Telephone (303) 441-3020
Facsimile (303) 441-3859
MEMORANDUM
FROM: Tom Carr, City Attorney
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.
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.
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:
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, the city usually publishes meeting dates in the local
newspaper.
Sometimes an exchange of email messages 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.
Usually, no open meetings problem exists if only two board or commission members
communicate by email. 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 traditional public meetings. Electronic communications are convenient, but without
advance planning and a great deal of care, they may run up against the legislative prohibition on
the formulating of public policy in private.
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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.
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.
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 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
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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.
• Prohibited Acts
The code provides criminal sanctions for three violations. These are accepting bribes,
profiteering, or using confidential information. 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.
(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.
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(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.
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.
(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.
(8) Supervise a relative in the performance of the relative's official powers or duties.
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(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.
(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.
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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
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:
(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;
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(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 graft 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.
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.
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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 or hiring decision.
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
(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.
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.
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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
(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.
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Attachment F
The primary purpose is to enhance the ability of PRAB to provide leadership to the department, engage the community
and build a strong, healthy parks and recreation and parks level of service that meets the community’s goals.
3) Organizational • Capacity Building of PRAB • Assign new PRAB members a PRAB mentor to • Appreciation of PRAB’s
Readiness Members help them understand board culture, working role related to Council
agreements, packet contents, agenda setting communication, joint
process, etc. board conversations,
• Onboard new PRAB members (department and citywide initiatives.
structure, CIP funding/process) in a slow and
methodical format
PRAB 2018 Action Plan
The primary purpose is to enhance the ability of PRAB to provide leadership to the department, engage the community
and build a strong, healthy parks and recreation and parks level of service that meets the community’s goals.
City of Boulder
City Council
Mayor Suzanne Jones Mayor Pro Tem Aaron Brockett
Council Members: Cindy Carlisle, Jill Grano, Liza Morzel, Mirabai
Kuk Nagle, Sam Weaver, Bob Yates, Mary Young
At the end of each year, the Boulder City Council asks members of the city's boards and
commissions to provide input regarding Council priorities. This information helps inform
Council’s work plan discussion at the January City Council retreat.
This year, we are in the middle of a Council term and are in the position of reviewing our current
2018-19 work plan rather than developing a new one. In order to maintain the momentum of our
current efforts, and to keep from overloading and overwhelming the community, we have
focused this year’s questions more narrowly. Attached is a list of Council’s 14 priorities for
2018 and 2019. We seek your input on whether there are other projects that you think our
community might see as higher priorities in 2019.
Please see the questions below. You need not limit your responses to the area of expertise of
your board/commission. Your entire board/commission may provide a single set of responses or,
if you prefer, each member can provide his or her own responses (if the latter, please submit all
of the member responses in a single packet). So that Council may have the benefit of your views
before its pre-retreat Study Session on January 8, please deliver your responses to your board
secretary no later than the close of business on Friday, December 21.
Sincerely,
Mary Young
Bob Yates
Council Retreat Committee
1. How well do you believe Council has done over the last two years in incorporating the priorities of
your board/commission?
2. Taking into account the current work plan and your board/commission feedback from last
year, what additional priorities do you think Council should focus on, over and above the 14
on the attached list?
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