Bylaws and proposed changes

Posted on: September 25th, 2018

At the Town Meeting last night, August 13, there a remarkable amount of confusion about the proposed changes to the bylaws.  Therefore, they were tabled again until the next Town Meeting on October 8.   In an effort to clarify the confusion, I am publishing here the entire bylaws as they now stand as well as the proposed changes.  The committee did not agree on all the changes listed, but put them forth for consideration if a majority agreed.  We are also open to changes proposed by any Town Meeting Member.  I will print copies and put them at the Gold Hill Store and mail them to those I know don’t have email.  We also want to consider changes to the town boundaries because there are now people who have built in places that were not included in the original boundaries, but regard Gold Hill as their town.  We will bring maps for people to consider as well.  For those interested in visiting the website, here is a link to the bylaws, which includes a map of the present boundaries –   https://goldhilltown.com/what-it-is/  and here is the link to the proposed changes  https://goldhilltown.com/bylaws-proposed-changes/  These, along with a great deal of information, can be found on the website goldhilltown.com

Here are the present bylaws along with some extra information:

WHAT IS THE GOLD HILL TOWN MEETING?

The town of Gold Hill has had some form of local government since its founding as a mining camp in 1859.  On January 28, 1970, the Gold Hill Town Meeting (GHTM) was incorporated, and we became  a 501(c)4, a tax-exempt organization under the IRS. Its primary purpose is to hold town meetings and provide a forum for community discussion and a basis for community action, as well as to hold property, for instance the Cemetery and the northern part of the Town Meadow.

In 2015, we became a 501(c)3, which means, among other things, that donations to the GHTM are now tax-deductible.

The GHTM holds an annual bake and rummage sale to raise operating funds, sponsors this web site, organizes the Spring Cleanup, and has many committees working on topics of importance to the community, such as long term planning, wildfire protection, and forest management. Meetings are held six times each year: February, April, June, August, October, and December, on the second Monday of the month at the Community Center (Fire Barn).

The current Town Council as of August 2018 is as follows:

Chair: Tony Vrba, Vice Chair: Marielle Sidell,  Secretary: Gretchen Diefenderfer, Treasurer: Martha Knapp, Member at Large: Dan Maedke.

Elections are held once a year at the August meeting.

Those residing in the town meeting area, excluding Summerville, may vote at town meetings provided they:

  • Are at least 18 years of age
  • Have lived in Gold Hill for 60 days during the 12 months prior to the meeting or for 60 days during the previous 5 years with no less than 5 days in any 1 year
  • Are registered with the Secretary at the meeting
  • Are present at the meeting to be certified to vote at the meeting

Map of the area

GH small Map 11-25

GHTM_boundaries_366_Rim_Road

Code of Bylaws of the Gold Hill Town Meeting, Inc.

These bylaws were approved by unanimous vote at the second reading on 2-14-2000

Article I

Name, Purpose, and Mailing address

Section 1, Name: The name of this organization shall be Gold Hill Town Meeting, Inc.

Section 2, Purpose: The purpose of the Gold Hill Town Meeting, Inc. shall be:

1.              To hold town meetings and provide a forum for community discussion and basis for community action, and to establish qualifications for participation therein.

2.              To acquire, hold, sell, or lease real property for the general purpose of preserving the historical and natural setting of Gold Hill and the surrounding area.

3.              To act as trustee.

4.              To cooperate with the County Planning Department, County Health Department, and other departments of the County, State, or Federal government.

5.              To take any and all other action to improve, preserve, and benefit the community of Gold Hill and the surrounding area.

6.              To apply for and receive government grants or assistance, to solicit funds and donations, and undertake or sponsor community fund-raising projects.

7.              To do all other acts necessary or appropriate to promote the social welfare of the community of Gold Hill.

Section 3, Mailing address: The mailing address of the Gold Hill Town Meeting, Inc. shall be: 1011 Main Street – Gold Hill, Boulder, CO  80302-8777.

Article II

Membership

Section 1, Eligibility: Those residing in the following area are members and may vote at town meetings, provided they fulfill the voting requirements set forth in Article II, Section 2, Qualification.   This area to be described as the territory within these lines: On the north from the junction of Left Hand Creek and Lickskillit eastward to Snowbound, south to Bighorn Mountain, southwest to Monument Hill, west to Oxbow curve on the Mt. Alto Road, north to Left Hand Creek, and east to the starting point, this area to exclude Summerville.

Section 2, Qualifications: In order to vote, a member of the Gold Hill Town Meeting, Inc. must:

1.              Be a minimum of 18 years of age.

2.              Have lived in Gold Hill for sixty days during the twelve months prior to the meeting or for sixty days during the previous five years with no less than five days in any one year.

3.              Be registered with the Secretary at the meeting.

4.              Be present at the meeting to be certified to vote at that meeting.

Article III

Members Meetings

Section 1, Regular meetings: Regular meetings of the Gold Hill Town Meeting, Inc. shall be held six times each year: February, April, June,  August, October, and  December on the second Monday of the month at such time and place as may be determined by the Town Council.

Section 2, Annual meetings: The annual meeting of the Gold Hill Town Meeting, Inc. shall be held on the second Monday of August each year.  The election of Town Council members shall be held at the annual meeting.

Section 3, Special meetings: Special meetings of the Gold Hill Town Meeting, Inc. may be called by the Chair:

1.              At the request of at least three members of the Town Council.

2.              By petition requesting a special meeting signed by at least twenty members of the Gold Hill Town Meeting, Inc.

Section 4, Written notice: Written notice of all members’ meetings shall be delivered to members residing locally and sent by U.S. Mail to members who do not reside locally at least two weeks prior to all regular, annual, and special meetings.

Section 5, Quorum: A quorum for a member’s meeting of the Gold Hill Town Meeting, Inc. shall exist if three of five members of the Town Council are present to transact any business to be presented in accordance with the Articles of Incorporation or Code of Bylaws.

Article IV

Town Council

Section 1, Members: The Town Council shall consist of five members as follows: Chair, Vice Chair, Secretary, Treasurer, and Member at Large.

Section 2, Eligibility: The Chair, Vice Chair, Secretary, and Treasurer must be a year round resident defined as an individual who has lived within the bounds of the Gold Hill Town Meeting area at least nine consecutive months prior to the election.  All five council members shall be a minimum of 21 years of age.

Section 3, Term of Office: Each council member shall hold office until a successor is duly elected and qualified.   Any council member may resign at any time by giving written notice to the Town Council.  Any such resignation shall take effect at the time specified therein, and, unless otherwise specified, the acceptance of such resignation shall not be necessary to make it effective.

Section 4, Removal: Any council member may be removed according to the following procedure:

1.              At a regularly scheduled meeting, where a quorum is present, the removal of a council member may be proposed by a simple majority of those members present.

2.              The proposed removal of a council member must be included with the minutes of the meeting and distributed to the members at least two weeks prior to the next regularly scheduled meeting.

3.              At the next regularly scheduled meeting, the council member may be removed by a majority vote of the Gold Hill Town Meeting.

Section 5, When a council member moves: Any council member, other than the member-at large, shall automatically resign upon moving from within the area bounded by the Gold Hill Town Meeting, Inc.

Section 6, Vacancies: Any vacancy must be filled for the remainder of the term by appointment by a majority of the council members within two weeks of its occurrence.

Section 7, Town Council meetings: A meeting of the Town Council may be called by any member of the Town Council by giving notice to all members of the Town Council at least two days prior to such meeting.  Town Council meetings are for discussion.  No decisions(s) reached at a Town Council Meeting are binding on the Gold Hill Town Meeting, Inc. or the Town Council, or any member of the Town Council.

Section 8, Town Council Duties: Each Town Council member shall have the duties ordinarily attending the office held and other duties as the Town Council may designate.

Article V

Committees

 

Section 1, Purpose: Committees of the Gold Hill Town Meeting, Inc. may be established for the purpose of carrying out the business of the meeting.  They are to make reports at members meetings. Their findings will be approved and published, as appropriate, by the Gold Hill Town Meeting, Inc.

 

Section 2, Creation: At a member’s meeting of the Gold Hill Town Meeting, Inc., when a quorum is present, the Chair, with the approval of the members at the meeting, may appoint a committee chair and ask for other members to be part of that committee.

Section 3, Dissolution: At a member’s meeting of the Gold Hill Town Meeting, Inc., when a quorum is present, the Chair, with the approval of the members at the meeting, may dissolve a committee.

Article VI

Contracts, Checks, Deposits, Etc.

Section 1, Contracts: The Town Council, with the approval of the members at a duly called members meeting, may authorize any council member(s)or agent(s) of the Corporation to enter into any contract or execute and deliver any instrument in the name of or on behalf of the Corporation.  Such authority may be general or confined to specific instances.

Section 2, Checks, Drafts, Notes, Etc.: All checks, drafts, notes, etc., shall be signed and executed on behalf of the Corporation by those Town Council members authorized to sign checks for the Corporation.

Section 3, Deposits: All funds of the Corporation shall be deposited to the credit of the Corporation in such banks, trust companies or other depositories as the Town Council, with the approval of the members at a duly called members meeting, may select.

Section 4, Gifts: The Town Council, with the approval of the members at a duly called members meeting, may accept on behalf of the Corporation any contribution, gift, or bequest.

Article VII

Amendments

These Bylaws may be altered, amended, or repealed and new Bylaws may be adopted according to the following procedure:

Section 1.  At a regularly scheduled meeting, where a quorum is present, Bylaw change(s) may be proposed by a simple majority of those members present.  Proposed Bylaw changes are to be made and approved section by section.

Section 2.  The proposed Bylaw sections(s), and the Bylaw section(s) that are intended to be replaced,  must be included with the minutes of the meeting and distributed to the members at least two weeks prior to the next regularly scheduled meeting.

Section 3.  At the next regularly scheduled meeting, the sections of the new Bylaws may be adopted by a two-thirds majority of the members of the Gold Hill Town Meeting, Inc. who are present.  Bylaw changes are to be voted on section by section.

Article VIII

Dissolution

This Corporation may be dissolved according to the following procedure:

Section 1.  At a regularly scheduled meeting, where a quorum is present, dissolution of the corporation may be proposed by a simple majority of those members present.

Section 2.  The proposed dissolution of the corporation must be included with the minutes of the meeting and distributed to the members at least two weeks prior to the next regularly scheduled meeting.

Section 3.  At the next regularly scheduled meeting, the dissolution of the corporation may be adopted by a two-thirds majority of the members of the Gold Hill Town Meeting, Inc. who are present.

BYLAWS – PROPOSED CHANGES

Posted on: June 5th, 2018  Bylaws  – changes proposed by the bylaws committee: Tony Vrba, Peter Swift, Rick Sheingold, and Gretchen Diefenderfer as of May 30, 2018

Article III

Members Meetings

 Present language 

Section 4, Written notice: Written notice of all members’ meetings shall be delivered to members residing locally and sent by U.S. Mail to members who do not reside locally at least two weeks prior to all regular, annual, and special meetings.

  Proposed change (in red)

 Section 4, Written notice:  Written notice of all member’s meetings shall be emailed to all members or sent by U.S. Mail to those who request them at least two weeks prior to all regular, annual, and special meetings.

 

Proposed addition to Article III Members Meeting, after Section 2, Annual meetings

 Insert as – Section 3, Budget Meeting: The annual budget meeting of the Gold Hill Town Meeting, Inc. shall be held on the second Monday of October of each year.  The Treasurer of the Town meeting shall submit estimated income and expenses for the following year.  Requests for funding from the general fund may be made by the various Committees or any constituency of the GHTM at this meeting, and at any regular members meeting. 

Change the present Section 3 to 4

And change section 4 to 5

 Article IV

Town Council

 Present Language

 Section 2, Eligibility: The Chair, Vice Chair, Secretary, and Treasurer must be a year-round resident defined as an individual who has lived within the bounds of the Gold Hill Town Meeting area at least nine consecutive months prior to the election.  All five council members shall be a minimum of 21 years of age.

Proposed change(in red – only the age from 21 to 18)

 Section 2, Eligibility: The Chair, Vice Chair, Secretary, and Treasurer must be a year-round resident defined as an individual who has lived within the bounds of the Gold Hill Town Meeting area at least nine consecutive months prior to the election.  All five council members shall be a minimum of 18 years of age.

Article V

Committees

 Proposed addition to Article V – add Section 3

Section 3, Cemetery Committee:  

The Cemetery Committee existed outside the GHTM before the GHTM incorporated in order to hold the Town Meadow, the Cemetery, and the People’s Park.  

This committee brought its own funds into the TM (in February, 1989) and receives funds designated for the cemetery.  It was designated a standing committee of the GHTM.  The Cemetery Committee shall remain autonomous in expenditures from its funds, with input from the Town Meeting.

Change the present Section 3 to Section 4

Article IV Town Council

Present language

Section 4, Removal: Any council member may be removed according to the following procedure:

  1. At a regularly scheduled meeting, where a quorum is present, the removal of a council member may be proposed by a simple majority of those members present.
  2. The proposed removal of a council member must be included with the minutes of the meeting and distributed to the members at least two weeks prior to the next regularly scheduled meeting.
  3. At the next regularly scheduled meeting, the council member may be removed by a majority vote of the Gold Hill Town Meeting.

 

Proposed change is to eliminate the term “regularly” in order for the removal to be possible at special meetings, in case this seemed necessary

 Section 4, Removal: Any council member may be removed according to the following procedure:

  1. At a scheduled meeting, where a quorum is present, the removal of a council member may be proposed by a simple majority of those members present.
  2. The proposed removal of a council member must be included with the minutes of the meeting and distributed to the members at least two weeks prior to the next scheduled meeting.
  3. At the next scheduled meeting, the council member may be removed by a majority vote of the Gold Hill Town Meeting.

 Present language for the Boundaries

 Article II

Membership

Section 1, Eligibility: Those residing in the following area are members and may vote at town meetings, provided they fulfill the voting requirements set forth in Article II, Section 2, Qualification.   This area to be described as the territory within these lines: On the north from the junction of Left Hand Creek and Lickskillit eastward to Snowbound, south to Bighorn Mountain, southwest to Monument Hill, west to Oxbow curve on the Mt. Alto Road, north to Left Hand Creek, and east to the starting point, this area to exclude Summerville.

See the present map on the town website (goldhilltown.com) under https://goldhilltown.com/what-it-is/

 We will bring maps of the present area and our ideas for changes to the meeting boundaries and see what folks think.  The main options, as we saw them, are to just clean up the boundaries so that people are included that we always thought were included (Morning Sun, Rim Road, Gunung Mas, Snowbound Mine folks, etc.) or to expand out to the west in order to include Dina and Mark Elder and Julie Carpenter and simply let people know that if they don’t want to be included, just don’t come to meetings. Because of our status as an unincorporated town, and because of the structure of the Gold Hill Town Meeting, Inc. (incorporated as a 501(c) 3 only), the Town Meeting has no power to impose anything on anyone.  That’s what we did with Summerville.   The advantages of being included in the Town Meeting are the Town Clean Up, the Emergency Relief Fund, and the Chipping Grant.

Also, we talked about a Section under either Article V Committees or Article VI Contracts, Checks, Deposits, Etc. regarding management, protection, and segregation of dedicated resources (I.e. designated funds and resources donated for specific purposes), and are still working on language for that.

Respectfully submitted, Gretchen Diefenderfer, Secretary of the Gold Hill Town Meeting and member of the Bylaws Committee, Tony Vrba, Rick Sheingold, and Peter Swift.

How the Bylaws may be amended according to the present bylaws

Article VII

Amendments

These Bylaws may be altered, amended, or repealed and new Bylaws may be adopted according to the following procedure:

Section 1.  At a regularly scheduled meeting, where a quorum is present, Bylaw change(s) may be proposed by a simple majority of those members present.  Proposed Bylaw changes are to be made and approved section by section.

Section 2.  The proposed Bylaw sections(s), and the Bylaw section(s) that are intended to be replaced,  must be included with the minutes of the meeting and distributed to the members at least two weeks prior to the next regularly scheduled meeting.

Section 3.  At the next regularly scheduled meeting, the sections of the new Bylaws may be adopted by a two-thirds majority of the members of the Gold Hill Town Meeting, Inc. who are present.  Bylaw changes are to be voted on section by section.

Map of the Gold Hill Fire Protection District

District Topo