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TC Resolution 19-12 Approving a Cultural, Arts and Special Events CommitteeAvon COLORADO RESOLUTION 19-12 APPROVING A CULTURAL, ARTS AND SPECIAL EVENTS COMMITTEE WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality and political subdivision of the State of Colorado (the "State") organized and existing under a home rule charter (the "Charter") pursuant to Article XX of the Constitution of the State; and WHEREAS, the Town Council finds that the Ad Hoc Special Events Committee has provided valuable and important review, research and advisory functions with regard to special event planning and programming for the Avon community and desires to create a permanent standing advisory committee to continue with these efforts; and WHEREAS, Section 11.2 of the Charter states that Council may create any boards or commissions including an advisory committee; and WHEREAS, the Avon Town Council finds that special events promote the local community and character of Avon as well as promote the local economy and that the establishment of a permanent Cultural, Arts and Special Events Committee will promote the health, safety and general welfare of the Avon community; and NOW THEREFORE, the Avon Town Council, hereby RESOLVES to create the Cultural, Arts and Special Events Committee as set forth in Exhibit A: Cultural, Arts and Special Events Committee Authority and Procedures, attached hereto. ADOPTED May 28, 2019 by the AVON TOWN COUNCIL 1)WBy: Attest: Sarah Smith Hymes, Iti or Brenda Torres, Town Cl EXHIBIT A: CULTURAL, ARTS AND SPECIAL EVENTS COMMITTEE AUTHORITY AND PROCEDURES 1. Establishment, Purpose and Duties. There is hereby established the Cultural, Arts and Special Events Committee ("CASE") of the Town. The purposes and duties of CASE are as follows: (a) To provide advice concerning the Cultural Plan for the Town of Avon, as may be amended from time to time; (b) To review, research and provide guidance and advice on culture, arts and special event programming in the Town of Avon; (c) To review applications for Town funding allocated for special events and provide recommendations to the Avon Town Council, and to develop applications forms and procedures and review criteria related to such funding applications; (d) To conduct surveys and prepare reports related to special events as appropriate and as directed by Council; (e) To attend joint meetings with the Avon Town Council to review past, present and future special events, review and evaluate implementation of the Cultural Plan, review annual appropriations to support culture, arts and special events, and to review policies, procedures and practices for culture, arts and special events and CASE; and, (f) To perform such other tasks related to culture, arts and special events in or near Avon as the Avon Town Council may direct. 2. Membership. CASE shall be composed of seven (7) Voting Members and two (2) Ex -Officio Non - Voting Council members appointed by Council. 3. Qualification of Voting Members. Eagle County residents shall be eligible for appointment as Voting Members, provided that at least four (4) Voting Members shall be registered electors of the Town or owners or representatives of an existing business with a physical location and address in the Town of Avon at the time of their appointment to CASE. Persons having experience with special events, event site planning and design, culture, arts or local business which is of particular value to CASE should be preferred over persons who do not. Appointments shall be made by Council in February, or as soon as thereafter as possible, after posting notice to solicit interested persons. Council shall appoint four (4) persons in odd numbered years and three (3) persons in even numbered years to fill Case seats. 4. Qualification of Ex -Officio Non -Voting Members. Council members shall be eligible for appointment to the two (2) Ex -Officio Non -Voting seats. Appointments shall be made by Council in January of odd numbered years after the election and seating of Council members, or as soon thereafter as possible, and shall be made at the same time as appointments of Council members to other committees. The term of office for Ex -Officio Non -Voting Members shall be two (2) years until the bi-annual appointment of Council members to committees. Ex -Officio Non -Voting Members shall Cultural, Arts and Special Events Committee Adopted February 26, 2019 Page 1 of 3 have the equal right to participate at CASE meetings and equal right to receive all CASE materials and notices of CASE meetings, but shall not have any right to vote on recommendations, advisory matters, or other actions of CASE. 5. Quorum. Four (4) Voting Members of CASE shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number may adjourn any meeting to a later time or date. In the absence of all Voting Members, any staff member may adjourn any meeting to a later time or date. 6. Term. The term of office for a Voting Member shall be two (2) years on an overlapping tenure. A Voting Member of CASE who ceases to possess the qualifications for office that the Voting Member possessed at the time of appointment may be permitted by the Council to serve until the end of the appointed term, provided that the CASE member continues to reside in Eagle County. A member of CASE may be removed by Council pursuant to Section 8 Removal from Office, below. 7. Vacancies. A vacancy on CASE shall occur whenever a member of CASE is removed by the Council, dies, becomes incapacitated and unable to perform the required duties for a period of ninety (90) days, resigns, ceases to meet the qualifications of CASE and is not permitted by Council to serve until the end of the existing term or is convicted of a felony. In the event a vacancy occurs, the Council shall appoint a successor to fill the vacancy who shall serve the remainder of the term of the former member after posting notice of such vacancy to solicit interest from qualified persons. 8. Removal from Office. Any member of CASE may be removed for just cause at the pleasure of the Town Council by a majority vote of the entire Council in office at the time the vote is taken. Just cause shall include misconduct, conduct unbecoming of a Town official, violation of the Town Code of Ethics, inefficiency or more than two (2) unexcused absences within a twelve-month period. Prior to removal, Council shall conduct a hearing and shall provide written notice to the CASE member stating the grounds for removal at least three (3) days prior to the hearing. 9. Officers. CASE shall select its own Chairperson and Vice -Chairperson. The Chair or, in the absence of the Chair, the Vice -Chair, shall be the presiding officer of its meetings. In the absence of both the Chair and the Vice -Chair from a meeting, the Voting Members present shall appoint a Voting Member to serve as Acting Chair at the meeting. 10. Compensation. All members of CASE shall serve with compensation and benefits, if any, as may be established by the Council and shall be reimbursed for all authorized personal expenses incurred while performing duties as a CASE member. 11. Staff. The Town Manager shall designate Town staff to serve as the staff of CASE and shall provide for the service of a recording secretary who shall act in the capacity of secretary for CASE. 12. Rules and Regulations. CASE shall operate in accordance with its own rules of procedure; provided, however, that CASE shall submit its proposed rules or any amendment to the rules to the Council, which by motion shall approve the rules or amendment and direct their adoption by CASE or disapprove the proposal with directions for revision and resubmission. The rules shall incorporate and comply with the Colorado Open Meetings Law, Colorado Open Records Act, and the Colorado Municipal Records Retention Schedule as such are adopted and implemented by the Town of Avon. The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be Cultural, Arts and Special Events Committee Adopted February 26, 2019 Page 2 of 3 subject to public inspection. CASE may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations. 13. Meetings. CASE shall meet in accordance with the rules of procedure governing CASE and otherwise upon the call of the Chairperson or, in the absence of the Chair, by the Vice -Chairperson. All meetings shall be held at the offices of the Town, unless otherwise specified, with adequate notice given to all interested parties. 14. Appropriation Authority. CASE shall not have authority to appropriate or spend Town of Avon funds. CASE may provide recommendations to the Events Manager, Town Manager and/or Avon Town Council with regard to any annual budget for special events, expenditures related to the annual applications in response to the special events request for proposal, Town staff support for special events and capital improvements related to events. 15. Council Amendments. Council reserves the right to amend, increase, reduce or change any or all of the powers, duties and procedures of CASE. Cultural, Arts and Special Events Committee Adopted February 26, 2019 Page 3 of 3 Cultural, Arts and Special Events Committee Rules of Order These Rules of Order establish rules and procedures for Cultural, Arts and Special Events ("CASE") Committee meetings. The intent is to set forth rules which are readily accessible and usable by the CASE Committee members and understandable by the general public. I. STANDARDS OF CONDUCT FOR CASE COMMITTEE MEETINGS: The CASE Committee finds that the foundation of municipal democracy rests on open, respectful and informed discussion and debate balanced with the necessary efficiency required to take action in the public interest. Reasonable persons will often disagree on many public matters which arise before appointed officials. The process of discussion and debate is essential to the ability of appointed officials to render the best decisions possible for the Avon community. The following standards of conduct are considered the minimum standards for members of the CASE Committee. A. CASE Committee members shall conduct themselves in a mature manner that is becoming of public officials, shall respect one another and shall respect members of the public. B. CASE Committee members shall refrain from profanity, rude behavior or personal attacks and shall promptly apologize to both the board and the recipient of any such behavior in the event of a temporary lapse of appropriate behavior. C. The CASE Committee Chair shall be responsible for maintaining civility, decorum and order throughout the meeting. D. Members of the CASE Committee shall not communicate between or amongst themselves by text message, e-mails or other forms of electronic communication during a CASE Committee meeting. E. Members of the CASE Committee shall promptly disclose and announce the sending or receipt by a CASE Committee member of a text message, e-mail or other form of electronic communication during a CASE Committee meeting, to or from any person, for any such communication that concerns a matter on the CASE Committee agenda for that meeting. II. CHAIR: Every meeting of the CASE Committee shall be presided over by the Chair. If the Chair is absent the Vice Chair shall preside over the meeting. If the Chair has a conflict of interest on a matter, then the Vice Chair shall preside over the meeting for such matter. If the Chair and Vice Chair are absent, or if they both have a conflict of interest on a matter, then a quorum of CASE Committee members shall appoint an Acting Chair, by motion and vote, who shall then preside over the meeting or shall preside over such matter for which the Chair and Vice Chair have a conflict of interest. The Chair shall strive to moderate CASE Committee meetings with impartiality, shall strive to allow input from all other CASE Committee members on matters before expressing his or her opinion, and shall refrain from making a motion or seconding a motion until it is apparent that no other member of the CASE Committee member will do so. III. AGENDAS: The following rules and procedures shall apply to agendas: A. The Chair shall determine the agenda in consultation with the CASE Manager. The CASE Committee may direct items to be included on an agenda. Individual CASE Committee members may contact the Chair to request inclusion of a matter on an agenda. The Chair shall consult with the CASE Manager and exercise discretion to determine if the matter should be included on the agenda as a discussion item or an action item. Page 1 of 4 B. After roll call, the CASE Committee shall approve the agenda, by motion, by a majority of the quorum present with any additions or deletions the CASE Committee deems appropriate. C. The CASE Committee may take action by motion at any time during a meeting to schedule discussion or action items on a future agenda which shall be scheduled by the CASE Manager. IV. MOTIONS: All official CASE Committee actions are initiated by motion. These following rules and procedures apply to motions. There are two basic motions: action motions and procedural motions. Only one action motion may be on the floor at a time. A procedural motion may be proposed, discussed and acted upon when an action motion is on the floor or at any other time. A. Basic Motion: The basic motion to take action is stated as, "I move to ...." Every motion requires a second. Once a motion is made no further discussion can continue until a second is made to support the motion. B. Discussion: All CASE Committee members have the right to discuss the motion on the floor. Discussion cannot be concluded unless (1) all CASE Committee members present consent or (2) a majority of CASE Committee members present approve a procedural motion to "Call the Question" and end debate. C. Withdraw a Motion: The maker of a motion may choose to withdraw the motion at any time prior to the vote on the motion and may interrupt a speaker to withdraw the motion and consent of the CASE Committee member who seconded the motion is not required. The motion is immediately withdrawn; however, the Chair may then ask the CASE Committee member who seconded the withdrawn motion and any other CASE Committee member if such CASE Committee member wishes to make the motion. D. Amendment to Motion: Any CASE Committee member may request an amendment to a pending motion. The maker of the pending motion and CASE Committee member who seconded the motion must consent to the proposed amendment. Any CASE Committee member may also propose a substitute motion to a pending motion which also requires consent of the maker of the pending motion and the CASE Committee member who seconded the pending motion. E. Procedural Motion: A procedural motion may be made at any time and may impose or modify any procedural rule provided that such procedure is not in conflict with the Avon Home Rule Charter, any ordinance adopted by the Town, or any applicable state law. Procedural motions require a majority vote of the quorum present. F. Motion to Call the Question or End the Discussion: A motion to "call the question" (also known as a motion to end the discussion) is a procedural motion to end debate and discussion. A motion to call the question cannot be made until each CASE Committee member has had at least one reasonable opportunity to ask questions and express his or her opinion on the matter. Once a motion to call the question is made and seconded, it shall be the Chair's discretion to allow any further discussion on such procedural motion for the purpose of clarifying any technical, procedural or legal issue related to the procedural motion. A motion to call the question requires a majority vote of the quorum present. Once a motion to call the question is approved, the pending action motion on the floor must be voted upon promptly or, if no action motion is pending, the Chair shall proceed to the next agenda item. G. Motion to Continue: A motion to continue an agenda item must include a specific future CASE Committee meeting date, time and place for the continued matter to be considered again without re -noticing a required public hearing. Page 2 of 4 H. Motion to Table: A motion to table places the agenda item on hold and does not require a specific time for the return of the agenda item. I. Motion to Suspend Rules: A motion to suspend rules may allow suspension of any rule in these Rules of Order. Such motion may be made and requires a supermajority vote of a majority of the quorum present plus one for approval. A motion to suspend rules may not supersede the procedural requirements of the Avon Home Rule Charter, any ordinance adopted by the Town, or any applicable state law. J. A Motion to Reconsider: A Motion to Reconsider allows the CASE Committee to reconsider a vote on a matter. A Motion to Reconsider may only be made and considered by a member of the CASE Committee who voted in the majority on the motion which is proposed for reconsideration. V. MEETING CONDUCT A. Point of Privilege: A CASE Committee member may interrupt the speaker to raise a matter related to the comfort of the meeting, such as room temperature, distractions, or ability to hear speaker. B. Point of Order: A CASE Committee member may raise a Point of Order at any time that the Chair permits meeting conduct which does not follow these Rules of Order or otherwise fails to maintain civility and decorum by the CASE Committee and the general public. C. Appeal: A CASE Committee member may move to appeal the ruling of the Chair on any procedural matter or other decision related to the conduct of the meeting. If the motion is seconded and, after debate, if such motion passes by a simple majority vote of the quorum present, then the ruling or conduct of the Chair shall be overruled and reversed. D. Call for Orders of the Day: A CASE Committee member may call for Orders of the Day when such CASE Committee member believes that CASE Committee discussion has strayed from the agenda. No second or vote is required. If the Chair does not return to the agenda, then such ruling may be appealed. E. Adjournment: The Chair may announce the meeting adjourned when there are no further items on the agenda which have not been addressed. The CASE Committee may adjourn a meeting at any time by motion, second and approval by a majority of the quorum present. VI. PUBLIC COMMENTS: CASE Committee agendas shall include a general item labeled "Public Comment" near the beginning of all CASE Committee meetings. Members of the public who wish to provide comments to the CASE Committee greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the CASE Committee in advance of the CASE Committee meeting. The Chair shall permit public comments during any agenda item and may limit public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. VII. REMOTE TELEPHONEIVIDEO MEETING ATTENDANCE: A member of the CASE Committee may participate in a CASE Committee meeting by Remote Attendance only in accordance with this section. Remote Attendance shall be made available and shall be limited as follows: A. A CASE Committee member may participate by Remote Attendance only when such member's absence would otherwise constitute an excused absence. An excused absence shall include but not be limited to the inability to physically attend due to unavoidable travel Page 3 of 4 schedule conflicts which are communicated to the CASE Manager in advance of a meeting and unanticipated emergencies or accidents which render physical attendance not possible. B. CASE Committee must approve by a majority vote of the CASE Committee members physically present to allow a CASE Committee member to participate by Remote Attendance. C. The communication equipment and connections must be sufficient to allow clear, uninterrupted two-way communication between the Remote Attendee and all participants physically present at a CASE Committee meeting. D. Multiple CASE Committee members may participate by Remote Attendance if the communication equipment is sufficient to allow clear, uninterrupted two-way communication. E. The CASE Committee may discontinue Remote Attendance at a meeting when a majority of the CASE Committee members physically present find that communication equipment or connection is inadequate and results in noise, poor sound quality, delay or lost connections. F. Remote Attendance shall constitute physical attendance for purposes of establishing a quorum. Meeting minutes shall acknowledge any Remote Attendance. Motions, votes and other actions of a remote attendee shall be the same as if CASE Committee member physically attended the meeting. G. Non -CASE Committee members may participate by Remote Attendance when the majority of the CASE Committee members determine that Remote Attendance is necessary for the consideration of business presented to the Town, such Remote Attendance would not violate the policies set forth above, the public interest would be harmed, threatened or diminished by continuation of the business item, and good cause exists for the inability of the non -CASE Committee member Remote Attendee to physically attend. H. The Town shall provide reasonable accommodation and shall waive or modify this policy to provide handicapped CASE Committee members full and equal access to CASE Committee meetings. Page 4 of 4