To: Honorable Mayor and Members of Town Council
From: Lisa Anderson, Town Clerk
Michael J. Hyman, Town Attorney
Title
Ordinance Amending Various Sections of the Castle Rock Municipal Code Regarding Board and Commission Membership, Term Limits and Bylaws and Adding Chapter 2.18 Concerning the Oath of Office (Second Reading - Approved on First Reading on January 18, 2022 by a vote 7-0)
Body
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Executive Summary
The proposed amendments to the Code were presented to Town Council at the October 19, 2021 Town Council Meeting. Town Council provided direction to provide an Ordinance to amend the Code.
At the Town Council meeting on January 4, 2022; Town Council requested to review the direction given to staff regarding the residency requirement for all Town boards and commissions provided at the October 19, 2021 Town Council meeting (Minutes attached). Town Council also requested to see a copy of the Model Bylaws (attached).
NOTE: The current Code currently excludes residency requirements from:
• Historic Preservation Board
• Public Art Commission
• Downtown Development Authority (by statute)
The Design Review Board consists of:
• One member from the Planning Commission,
• Two members from the Downtown Development Authority Board (DDA members can be non-residents per statute),
• Two members from the Historic Preservation Board (currently can be non-residents); and
• Two from owners of property within the Downtown Development Authority boundary (downtown property owners may or may not be residents).
Town Council has the prerogative to amend the proposed Ordinance to exempt certain Town boards and commissions from the residency requirement.
Summary of organization of the code
1) Centralize general provisions for boards and commissions under Section 2.14.
2) Remove repetitive general provisions from the individual board or commission codes and leave only provisions specific to that board or commission.
3) Insert Editor’s Notes to cross-reference to the main boards and commissions code and to specific boards or commissions codes.
4) Codify Downtown Development Authority provisions outlined in the creating Ordinance.
Summary of changes made to the code
5) Require that all boards and commission members take an Oath of Office.
6) Require Town residency for all Town boards and commissions.
7) Any non-resident currently serving on a Town board of commission as of the effective date of this ordinance will be allowed to serve out their current term.
8) Non-resident positions are approved by Town Council.
9) Modify unexcused absences - boards or commissions scheduled for twice monthly meetings (Planning Commission and Design Review Board) cannot exceed four (4) unexcused absences, boards and commissions meeting monthly cannot exceed three (3) unexcused absences, and boards meeting quarterly or as needed cannot exceed one (1) unexcused absence. The Town Manger or designee will determine if an absence is excused.
10) Codify terms and term limits
11) Revise the waiting period to be proportional to the term: boards or commissions with two-year terms wait two terms (four years), and boards or commissions with three and four-year terms wait one term (three or four years)
12) Define a partial term.
13) Create Model bylaws and post them on the website (attached)
Proposed Motion
“I move to Approve the Ordinance on Second and Final reading.”
Attachments
Ordinance
Excerpt from the October 19, 2021 Town Council minutes
Model Bylaws