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Ordinance - 2023 - 896 - Establishing A Conservation Advisory Committee - 06/13/2023 ORDINANCE NO.896 An ordinance of the City of Eagle,Ada County Idaho,Amending Title 2 Boards and Commissions, Adding Chapter 8 Conservation Advisory Committee;Providing a Severability Clause;and Providing an effective date. WHEREAS,the City of Eagle,Idaho is a municipal corporation organized and operating under the laws of the State of Idaho; and WHEREAS,the development of existing agricultural lands,riparian areas, and natural open space has an adverse effect(direct, indirect, and cumulative)on food supplies,aquifer recharge, soil erosion, pollinators,wildlife habitat,and viewshed,among other; and. WHEREAS,the City believes that in order to address these impacts,development must actively mitigate these impacts through a conservation-based program;and WHEREAS, Mayor and Council have determined that good cause exists for the creation of a Conservation Advisory Committee; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho; Section 1: Title 2,Chapter 6,Section 8 Conservation Advisory Committee shall read as follows: 2-8-1: COMMITTEE CREATED: There is hereby created a City of Eagle Conservation Advisory Committee. The Conservation Advisory Committee shall make recommendations to the Mayor and City Council regarding the City of Eagle Conservation and Education Program(CEP). The Committee will recommend to the Mayor and City Council short term and long-term conservation and education projects to be funded by the Conservation and Education Program funding source as identified in Eagle City Code 8-6-7B. The Committee is solely a recommending body to the Mayor and City Council. The Committee cannot enter into any contracts,hire employees,or in any way bind the City of Eagle by contract or action. In addition,the Committee shall have no authority over the operations or employees assigned to the Committee. 2-8-2: MEMBERSHIP,QUALIFICATIONS,TERMS,CONFLICTS: Voting Members: The Committee shall consist of five(5)members appointed by the Mayor subject to confirmation of the Council. Each shall be a voting member on the Committee. A minimum of two(2) members shall have a background in cultural resources or strategic planning and two(2)members shall have a background in natural resources and/or conservation. Terms: The initial appointments shall be staggered between two(2) and four(4)year terms amongst the members;and thereafter,at the expiration of any terms of office the appointment shall be for the period of four(4)years. All members may be eligible for reappointment and vacancies shall be filled by appointment for the balance of the unexpired term.All members of the Committee shall serve without compensation and shall serve only in an advisory role under the authority of the Mayor and City Council. Conflicts Of Interest: Each Committee member shall make every effort to avoid any conflict of interest. To that end,no organization,which may be a recipient of City funding, shall have on its board or staff more than one individual who is also presently serving as a member of the Committee in a voting or Ex- Officio role. While serving on the Committee,no member may participate in a vote or decision on any matter affecting a person,entity, or property in which that member has an interest,including situations where the member or the entity they represent is reasonably likely to receive a direct economic effect or consequence,as a result of the vote or decision in question. This includes,but is not limited to,a Committee member's own business or corporate interests,and those business or corporate interests of their immediate family. Where the interest of a Committee member in the subject matter is remote or incidental,the member may participate in the vote or decision. Otherwise,the Committee member shall disqualify himself/herself from any action or determination on the subject matter in question. 2-8-3: ORGANIZATION: A. Chairperson: The Committee members shall elect a Chairman and a Vice-Chairman from among the Committee members. The Chairman shall preside at all meetings of the Committee. The Vice- Chairman shall, in the absence of the Chairman,perform the duties of the Chairman. The authority of both the Chairman and Vice-Chairman shall be limited to those enumerated in this chapter. B.Authority: The Committee is solely a recommending body to Mayor and City Council,and therefore its authority is limited. The Committee shall have only those duties and responsibilities in set forth in Section 2-8-4. C.Assistance Of Other Parties: The Committee may recommend to the Mayor and City Council the employment of,or the contracting with,other parties for the services of technical experts or other persons,to assist the committee in its functions. D.Meetings: All meetings of the Committee shall be open to the public and shall follow the requirements of Idaho's Open Meeting law. In order to transact any Committee business at a meeting a quorum of presently appointed Voting Committee members must be present. The Committee shall hold a minimum of two(2)annual meetings,and at such other times as may be called by the Chairman or by the Mayor or City Council. E.Records Kept=. The commission shall keep accurate minutes and other appropriate written records of its resolutions,proceedings and actions.Upon their approval,all records and minutes shall be submitted to the City Clerk. 2-8-4: DUTIES AND RESPONSIBILITIES: The Committee shall serve in an advisory capacity and is established to: A. Develop and update a one(1)and five(5)year conservation education program and funding plan for the City of Eagle including identification of goals and objectives;Projects recommended will be presented to the City Council as part of the annual City of Eagle Capital Improvement and Maintenance Plan for prioritization and appropriation process; B. Assist the City in identifying and prioritizing conservation and education projects that may include: I. Acquisition of conservation easements on agricultural lands to preserve food production,protect soils, and provide pollinator and wildlife habitat. 2. Acquisition of private lands or conservation easements(upland or riparian)to mitigate impacts to wildlife and habitat loss. 3. Acquisition of private lands or conservation easements for public trails and access,associated with conservation. 4. Restoration,rehabilitation,or enhancement projects—natural resources(e.g.upland,riparian, aquatic habitat). 5. Management of invasive and noxious weed species, including fuels projects, associated with protection of habitat(monitoring, control,and maintenance). 6. Educational materials,classes, equipment,and infrastructure associated with conservation-based education and outreach. 7. Other activities as identified by the City Council. 8. Identify projects where CEP funds may be used to supplement or replace existing maintenance requirements of the city,or its partners, if associated with existing mitigation or conservation efforts. C. Monitor and evaluate implementation of the Conservation Education Plan and the City's Capital Improvements and Maintenance Plan; D. File reports,at least annually,with respect to the completion and status of projects utilizing conservation funds to the Mayor and Council any perceived issues in implementing of the program; and E. Advise the Mayor and Council of the need to update or revise the Conservation and Education Program or funding plans. F. The Mayor and Council shall make available to the Committee,upon request, all financial and accounting information,professional reports in relation to other development and implementation of land use assumptions,the Conservation Education program and periodic updates of the Capital Improvements Plan and budget. This chapter shall not be construed in any manner as infringing upon any authorization previously granted to any other commission or board of the City,but all the departments and officials of the City shall cooperate with the Committee for the purpose of coordinating the efforts and functions of all departments, commissions,and boards of the City for the development of all public facilities of the City. Section 2: The provisions of this ordinance are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this ordinance. Section 3: This ordinance shall take effect and be in force from and after its passage, approval, and publication as required by law. In lieu of publication of the entire ordinance, a summary thereof in compliance with Section 50-901A,Idaho Code,may be published. Approved and adopted this day of 2023. CITY OF EAGLE Ada County,Idaho O PIERCE MAYOR A EST: E P.•' E TRACY ORN �= % �� K: CITY CL RK * S-�P Beaufort Gazette The Herald-Ptck Hill el Nuevo Herald-Miami Sun News-Myrtle Beach Belleville News--Demccrat Herald Sun-Durham ModesbD Bee The News Tribu ne Tacoma Bellingham Herald Idaho Statesman Raleigh News&Observer The Telegraph-Macon Bradenton Herald Island Packet The Olympian San Luis Obispo Tribune All,,,MCCLATCHY Centre Daily Times Kansas Oty Star Sacramento Bee Tri-Oty Herald Charlotte Observer Lexington HeFald-Leader Fort Worth Star-Telegram Wichita Eagle Fresno Bee Miami Herald Sun Herald-Biloxi AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 36791 435615 Print Legal Ad-IPL01280170-IPLO128017 $181.88 4 87 L Attention: Kellie Rekow Bettina Jantzen,being duly sworn,deposes and CITY OF EAGLE/LEGALS says:That she is the Principal Clerk of The Idaho PO BOX 1520 Statesman,a daily newspaper printed and EAGLE,ID 836169102 published at Boise,Ada County,State of Idaho, and having a general circulation therein,and which said newspaper has been continuously and uninterruptedly published in said County during a ------------------------------------------------------------------------------- period of twelve consecutive months prior tothe ORDINANCE NO.896 An ordinance of the City of Eagle,Ada County Idaho,Amending Title 2 Boards and Commissions,Adding Chapter 8 Conservation Advisory Committee;Providing first publication of the notice,a copy of which is Severability Clause;and Providing an effective date. WHEREAS,the City of Eagle,Idaho is a municipal corporation organized and operating under the laws of the State of Idaho;and attached hereto:that said notice was published in WHEREAS,the development of existing agricultural lands,riparian areas,and natural open space has an adverse effect(direct,indirect,and cumulative)on food supplies,aquifer recharge,soil erosion,pollinators,wildlife habitat,and viewshed,among other;and. The Idaho Statesman,in conformity with Section WHEREAS,the City believes that in order to address these impacts,development must actively mitigate these impacts through a conservation-based program;and WHEREAS,Mayor and Council have deter IT mined that good cause exists for the creation of a Conservation Advisory Committee; 60-1 O8,Idaho Code,as amended,for: NOW,THEREFORE,BE ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE,Ada County,Idaho; Section t:Title 2,Chapter 6,Section 8 Conservation Advisory Committee shall read as follows: 2-8-1:COMMITTEE CREATED: There is hereby created a City of Eagle Conservation Advisory Committee.The Conservation Advisory Committee shall make recommendations to the Mayor and City Council regarding the City of Eagle Conservation and Education Program(CEP).The Committee will recommend to the Mayor and City Council short term and 1 insertion(s)published on: long-term conservation and education projects to be funded by the Conservation and Education Program funding source as identified in Eagle City Code 8-6-7B. The Committee is solely a recommending body to the Mayor and City Council.The Committee cannot enter into any contracts,hire employees,or in any way bind the City of Eagle by contract or action.In addition,the Committee shall have no authority over the operations or employees assigned to the Committee. (]6�2 �23 2-8-2:MEMBERSHIP,QUALIFICATIONS,TERMS,CONFLICTS: Voting Members:The Committee shall consist of five(5)members appointed by the Mayor subject to confirmation of the Council.Each shall be a voting member on the Committee.A minimum of two(2)members shall have a background in cultural resources or strategic planning and two(2)members shall have a background n natural resources and/or conservation. Terms:The initial appointments shall be staggered between two(2)and four(4)year terms amongst the members;and thereafter,at the expiration of any terms of office the appointment shall be for the period of four(4)years.All members may be eligible for reappointment and vacancies shall be filled by appointment for the balance of the unexpired term.All members of the Committee shall serve without compensation and shall serve only in an advisory role under the authority of [he Mayor and City Council. Conflicts Of Interest:Each Committee member shall make every effort to avoid any conflict of interest. To that end,no organization,which may be a recipient of City funding,shall have on its board or staff more than one individual who is also presently serving as a member of the Committee in a voting or Ex-Officio role.While serving on the Committee,no member may participate in a vote or decision on any matter affecting a person,entity,or property in which that member has an interest,including situations where the member or the entity they represent is reasonably likely to receive a direct economic effect or consequence,as a result of the vote or decision in question.This includes,but is not limited to,a Committee member's own business or corporate interests,and those business or corporate interests of their immediate family.Where the interest of a Committee member in the subject matter is remote } or incidental,the member may participate in the vote or decision.Otherwise,the Committee member shall disqualify himself/herself from any action or deternination on the subject matter in question. 2-8-3:ORGANIZATION: A.Chairperson:The Committee members shall elect a Chairman and a Vice-Chairman from among the Committee members.The Chairman shall preside at all meetings of the Committee.The Vice-Chairman shall,in the absence of the Chairman,perform the duties of the Chairman.The authority of both the Chairman and Vice-Chairman shall be limited to those enumerated in this chapter. B.Authority:The Committee is solely a recommending body to Mayor and City Council,and therefore its authority is limited.The Committee shall have only those duties and responsibilities in set forth in Section 2-8-4. Lego s Clerk) C.Assistance Of Other Parties:The Committee may recommend to the Mayor and City Council the employment of,or the contracting with,other parties for the services of technical experts or other persons,to assist the committee in its functions. D.Meetings:All meetings of the Committee shall be open to the public and shall follow the requirements of Idaho's Open Meeting law.In order to transact any Committee business at a meeting a quorum of presently appointed Voting Committee members must be present.The Committee shall hold a minimum of two(2) On this 21th day of June in the year of 2023 before me,a annual meetings,and at such other times as may be called by the Chairman or by the Mayor or City Council. E.Records Kept:The commission shall keep accurate minutes and other appropriate written records of its resolutions,proceedings and actions.Upon their Notary Public,personally appeared before me Bettina approval,all records and minutes shall be submitted to the City Clerk. 2-8-4:DUTIES AND RESPONSIBILITIES: Jantzen known or Identified to me to be the person The Committee shall serve in an advisory capacity and is established to: A.Develop and update a one(1)and five(5)year conservation education program and funding plan for whose name subscribed to the within instrument,and the City of Eagle including identification of goals and objectives;Projects recommended will be presented to the City Council as part of the annual City of Eagle Capital Improvement and being by first duly sworn,declared that the statements Maintenance Plan for prioritization and appropriation process; B.Assist the City in identifying and priorttizing conservation and education projects that may include: therein are true,and acknowledged to me that she 1.Acquisition of conservation easements on agricultural lands to preserve food production,protect soils,and provide pollinator and wildlife habitat. 2.Acquisition of private lands or conservation easements(upland or riparian)to mitigate impacts to wildlife and habitat loss. executed the same. 3.Acquisition of private lands or conservation easements for public trails and access,associated with conservation. 4.Restoration,rehabilitation,or enhancement projects-natural resources(e.g.upland,riparian,aquatic habitat). 5.Management of invasive and noxious weed species,including fuels projects,associated with protection of habitat(monitoring,control,and maintenance). 6.Educational materials,classes,equipment,and infrastructure associated with conservation-based education and outreach. 7.Other activities as identified by the City Council. 8.Identify projects where CEP funds may be used to supplement or replace existing maintenance requirements of the city,or its partners,if associated with existing mitigation or conservation efforts. C.Monitor and evaluate implementation of the Conservation Education Plan and the Citys Capital Improvements and Maintenance Plan; D.File reports,at least annually,with respect to the completion and status of projects utilizing conservation funds to the Mayor and Council any perceived issues in implementing of the program; and E.Advise the Mayor and Council of the need to update or revise the Conservation and Education Program or funding plans. F.The Mayor and Council shall make available to the Committee,upon request,all financial and accounting information,professional reports in relation to other development and implementation of land use assumptions,the Conservation Education program and periodic updates the Capital Improvements Plan and budget. This chapter shall not be construed in any manner as infringing upon any authorization previously granted to any other commission or board of the City,but all the departments and officials of the City shall cooperate with the Committee for the purpose of coordinating the efforts and functions of all departments,commissions, and boards of the City for the development of all public facilities of the City. Section 2:The provisions of this ordinance are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason,such declaration shall not affect the validity of remaining portions of this ordinance. Notary Public in an or the state o Texas,residing in Section 9:This ordinance shall take effect and be in force from and after its passage,approval,and publication as required by law.In lieu of publication of the !' entire ordinance,a summary thereof in compliance with Section 50-901A,Idaho Code,may be published. Dallas County Approved and adopted this day of 2023. CRY OF EAGLE Ada County,Idaho JASON `' TEPHANIE=HATD2026 MAYORPIERCE _ _P `� Ly +,� /�y7. ATTEST: - M y Il otari 10 fh�3 fe; •_ TRACV E OSBORN :''v,'�',�;0 280CITY R7 ••�rx#, � ��rosi yanuary 1 Jun 212023 Extra charge for lost or duplicate affidavits Legal document please do not destroy!