HomeMy WebLinkAboutC97-237 Town of Basalt IGAC-97 23 7 5 1�
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
THE TOWN OF BASALT, STATE OF COLORADO
THIS INTERGOVERNMENTAL AGREEMENT made and entered this day
of ��� �, �� p.. , 1997 by and between the County of Eagle, State of Colorado,
a body corporate and politic, by and through its Board of County Commissioners,
hereinafter refereed to as "County'; and the Town of Basalt, State of Colorado, a
municipal corporation, by and through its Town Council, hereinafter referred to as the
"Town".
WHEREAS, pursuant to C.R.S. 30-28-105, as amended, the Board of County
Commissioners of Eagle County and the municipalities within Eagle County may
cooperate in the formation of a Regional Planning Commission; and
WHEREAS, the County and the Town desire to cooperate in forming the
Regional Planning Commission for the Roaring Fork Valley portion of Eagle County;
and
WHEREAS, such Regional Planning Commission may, to the extent provided by
the Resolution of the Board of County Commissioners of Eagle County (Resolution 97-
/,?� perform the functions of a county planning commission; and
WHEREAS, bylaws establishing the rules and procedures for the Regional
Planning Commission have been created, reviewed and approved by the County.
NOW, THEREFORE, BE IT AGREED TO BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO AND THE
TOWN COUNCIL FOR THE TOWN OF BASALT, STATE OF COLORADO:
THAT, the Roaring Fork Valley Regional Planning Commission was established
as a regional planning commission for Eagle County through Resolution No. 97-_
which was executed by the County.
THAT, the Bylaws for the Roaring Fork Valley Regional Planning Commission
have been reviewed a -id agreed upon by the Town and are incorporated into this
Agreement by this reference. (Attached as Exhibit A).
L
THAT, the County and/or the Town may withdraw from the Roaring Fork Valley
Regional Planning Commission upon 90 days written notice as provided for in.C.R.S.
30-28-130, as amended. Upon withdrawal by the Town, it shall not thereafter nominate
any member or members for the Roaring Fork Valley Regional Planning Commission as
provided for in the Bylaws or County Resolution 97 -AL3- and any position held by the
Town shall thereinafter be considered an "at large" position.
THAT, nothing contained in this Agreement, the Bylaws or County Resolution 97-
j.Z3_ shall preclude the Roaring Fork Valley Regional Planning Commission or the
County Planning Commission from adopting rules pertaining to the conduct of the
Commission's business as provided for in C.R.S. 30-28-105(8) , as amended, as long
as said rules are not in conflict with the Bylaws as adopted by the Roaring Fork
Regional Planning Commission.
IN WITNESS WHEREOF, the parties have set their hands and seals the date
first written above.
�otoaA,o°
7ATTr.a4
Clerk to the B(:Vard of
County Commissioners
ATTE
� •� to
•�0Y)0
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF OUNTY COMMISSIONERS
v
Y
By.
ohnnette Phillips,
Chairman
TOWLOF;ASALT
B
TO;
Richard Stevens,
Mayor
REGIONAL PLANNING COMMISSION BYLAWS
for
THE ROARING FORK REGIONAL PLANNING COMMISSION
Section 1: Applicability These bylaws shall apply to the Roaring Fork Regional
Planning Commission (hereinafter referred to as RPC) unless amended by separate
resolution properly executed by the RPC.
Section 2: Meetings. The RPC shall hold regular meetings at a place and time
determined by the commission. Any meeting date which falls on a holiday, or any
meeting canceled because a quorum could not be assembled, shall be rescheduled by
the Eagle County Community Development Department on behalf of the RPC.
A regular RPC meeting shall be canceled if no business is scheduled for discussion.
The Eagle County Community Development Department shall notify commission
members if a meeting is to be canceled.
Special Meetings of the RPC shall be called either by the chairman or by the Eagle
County Community Development Department as necessary. All meetings shall be
open to the public.
Section 3: Appointment of Members
(A) Town Representatives: Town representatives shall be nominated and appointed
as specified in the intergovernmental agreement for the individual RPC and the
resolution creating the Regional Planning Commission.
(B) At -large Representatives: At -large representatives shall be nominated and
appointed according to the following procedures:
(1) When a vacancy occurs, the Eagle County Community Development
Department shall notify the Board of County Commissioners, and the town
and place advertisements at least one time each in the newspaper as
designated by Eagle County and the Town(s) as appropriate.
(2) The Board of County Commissioners shall interview all applicants prior to
making any appointment. The town(s) shall be notified of the list of
applicants prior to the Board- of County Commissioners making the
appr,intment.
(C) Annual Review of Membership: All at large members whose terms are expiring
shall be notified in December prior to expiration and invited to re -apply. All terms
which are expiring shall be advertised and appointments made pursuant to
Subsection (B) above.
EXHIBIT
Section 4: Election of Officers. Each RPC and the County Planning Commission
shall elect a chairman and a chairman pro tem each year at the commission's first
regular meeting on or after February 1. The chairman and chairman pro tem shall
serve for a one year term, and may be reelected for additional terms up to a total of four
consecutive years for a specific office. Each RPC shall also recommend a member to
serve as its representative to the County Planning Commission. The recommendation
shall be forwarded to the Board of County Commissioners who will make the
appointment. The recommendation may include an individual or ranking as may be
determined by the RPC. Regional representatives to the County Planning Commission
shall serve three year terms.
Section 5: Formation of Committees. A RPC or the County Planning Commission
may form citizen committees to examine particular issues, to conduct research and
develop recommendations on matters of concern to the commission, or assist the
commission in carrying out its duties. The purpose of such committees shall be to
encourage greater involvement of citizens in the planning process, and to utilize
individuals having special expertise and an interest in their community. Work requested
of any committee shall be performed by its members, and shall not involve support from
County staff unless such support is approved by the Board of County Commissioners.
Section 6: Quorum and Vote. A majority of the membership of a RPC shall constitute
a quorum to conduct business, and action may be taken by a majority of those present;
provided, however, that adoption of a master plan shall require the affirmative vote of a
majority of the entire membership of the particular commission. For purposes of
determining if a quorum is present, an alternate shall be counted when he/she is
serving as a regular member. In cases of a tie vote, the decision shall be deemed a
denial of the motion before the RPC. Proxies cannot be used for any purpose. When a
planning commissioner absents himself/herself from consideration of an item before
the RPC because he/she has a conflict of interest, he/she shall be considered present
for purposes of maintaining a quorum. The record of voting on such items shall indicate
the affected planning commissioner abstained.
A commission member may not vote on minutes for a meeting he did not attend. A
commission member may not vote on a project which has been heard at a series of
meetings, where he/she has not been present at all meetings where the project was
considered unless he/she has listened to the tape recording of the meeting(s) from
which they were absent.
Section 7: Notice and Minutes of Meetings In addition to any specific notice for
individua' items required by applicable statute, resolution or regulation, each
commission shall publish the agenda of its regular meetings and any special meeting in
a newspaper of general circulation in the County at least five days before the meeting.
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Each RPC shall keep a tape recording and minutes for each of its regular meetings and
any special meetings. The minutes shall be prepared by the Eagle County Community
Development Department, and presented to the appropriate RPC for approval . The
tape recordings and approved minutes shall be maintained as public records in the
Eagle County Community Development Department.
Section 8: Notice and Conduct of site Visits. Work sessions. The following
procedures shall be used in giving notice of RPC site visits and Work sessions and in
how these sessions are conducted:
(A) Site visits: Visits by a RPC to a project site are for the purpose of acquainting
commissioners with its physical layout, its relation to surrounding properties and
uses, to help them in visualizing the proposed development project and in
identifying possible impacts. Site visits may be scheduled after a project has
been submitted for review but before the RPC's meeting, at the discretion of the
Community Development Department; or a commission may request a site visit
be scheduled after considering a project but before rendering a decision. The
Eagle County Community Development Department, and not the applicant, is
responsible for scheduling site visits for the RPC. Site visits scheduled and
conducted by the Eagle County Community Development Department are not
considered ex parte contacts [see Section 9(B)]. Applicants shall be notified of
site visits to their project site, and such visits shall be open to them and to any
member of the public. In addition, notice of site visits shall be given by one of
the following methods:
(1) notice may be published in a newspaper of general circulation at least five
days prior to the visit; or
(2) site visits to projects which will be discussed at a particular commission
meeting may be listed on that meeting's agenda, and the agenda
published in a newspaper of general circulation prior to the date of any
one of the site visits listed; except that, if a commission continues its
discussion of a project for the purpose of conducting a site visit, and the
commission announces the date and time of the visit at the meeting when
the item is continued, then no additional notice is required.
Individual members may visit sites on their own with or without staff
present, provided no applicants or other representatives of the applicant
are :iresent. No notice of individual member's site visits is required.
3
If any relevant information is obtained and considered by a member as a
result of any site visit, but such information has not been discussed at the
public hearing, such information shall be disclosed prior to any decision so
that all participants at such hearing may be confronted with all facts that
influence the disposition of the case and have an opportunity to respond.
(B) Work sessions: Work sessions provide an opportunity for project proponents to
obtain informal comments from a RPC on development proposals and possible
alternatives; or for a commission and the planning staff to discuss policy issues.
No action is taken at a work session. Since these sessions are for discussion
purposes and not decision making, no formal notice is required other than
publication of an agenda in a newspaper of general circulation at least five days
prior to the work session.. The Eagle County Community Development
Department shall include a written summary of the items discussed and any
direction at the next regular meeting if the work session is held as a special
meeting.
Section 9: Procedural Rules: Conduct of Members Each RPC may adopt such
rules as it deems appropriate to govern the conduct of its business.
All planning commissioners shall abide by the applicable sections of the Code of
Ethics pursuant to C.R.S. 24-18-101, et seq, as amended, which is hereby incorporated
by reference and attached as Exhibit A. In addition, planning commissioners shall
abide by the following rules of conduct:
(A) Conflict of interest:
(1) Definition of conflict of interest: RPC members have the right and the
obligation to vote on all questions before the commission of which they
are a member and to participate in the business of their respective
commissions, except when a conflict of interest as defined in C.R.S. 24-
18-109, as amended, exists.
(2) Responsibility for notification of potential conflict: Whenever a RPC is
considering a matter which raises a question of conflict of interest for a
particular commission member, the commission member is responsible for
contacting the Eagle County Community Development Department prior
to the meeting to alert the staff to their situation. If, in the staffs opinion,
there is a potential conflict of interest, the County Attorney shall be asked
for an official opinion which shall be provided to the member prior to the
meeting. Members are responsible for alerting the RPC chairman of the
situation prior to commencement of the meeting.
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(3) Conduct at meetings for commissioner having conflict of interest: If a
commissioner has a conflict of interest on a particular item, the
commissioner shall explain to the commission and the public in
attendance he/she has a conflict of interest, and shall retire to the back of
the meeting room. He/she shall not participate in either the discussion or
voting on the item.
(4) Minimizing conflicts: It is intended that situations resulting in conflict of
interest for commission members be minimized. If, in the opinion of the
Eagle County Community Development Department and the County
Attorney, a commission member fails to abide by the standards for conflict
of interest as stated herein, the member may be asked to appear before
the Board of County Commissioners to explain the situation. The Board
of County Commissioners may remove the member from the RPC for
failure to abide by the standards for conflict of interest.
(B) Ex parte contacts: Ex parte contacts are contacts between individuals seeking
to influence the decisions of a RPC and individual commission members outside
the meeting forum. Such contacts include visits to sites proposed for
development by one or more commissioners and the proponent of the
development when they are unaccompanied by County planning staff and no
prior public notice or announcement of the visit is given; meetings with project
proponents separate from commission meetings; or telephone calls or letters
which attempt to influence a commissioner's opinion on a project which will be
subject to the commissioner's vote.
RPC members shall attempt to avoid ex parte conversations and
communications concerning proceedings of the RPC. Should any such ex parte
contacts occur where relevant information is obtained and considered by a
planning commissioner, the ex parte contact and information obtained shall be
disclosed at the public hearing or meeting so that participants at such hearing
may be confronted with all facts that influence the disposition of the case and
have an opportunity to respond.
(C) Open meetings: Meetings of the RPC, including site visits and Work sessions
shall be open to the public, except as provided by law.
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(D) Open records: Information presented to the RPC in carrying out its
responsibilities, records of its meetings, and any other material resulting from the
conduct of its activities shall be kept on file in the Eagle County Community
Development Department, and shall be available for inspection by the public
upon reasonable request, except as provided by law.
Section 10: Staff and Expenses. The County shall provide necessary staff support
and supplies to the commissions and, within the amounts budgeted and appropriated,
pay all expenses incurred.
Section 11: Removal. Any member of the RPC may be removed from office by the
Board of County Commissioners for failure to attend three consecutive regular meetings
or otherwise failing to discharge his/her duties as a member, failing to abide by the
rules for conduct of members, or ceasing to be a resident of Eagle County. A member
of the RPC may also be removed if, because of personal, business or professional ties,
he/she is rendered ineffective as a commission member because he/she is unable to
participate in decisions on a substantial share of the matters before the RPC of which
he is a member due to conflict of interest. No member shall be removed without first
receiving confidential notice from the Board of County Commissioners, and having an
opportunity to discuss his/her situation with the Board.
Section 12: Severability. If any part of these bylaws is for reason held invalid, such
shall not affect the remainder of these bylaws.
MOVED, READ AND APPROVED by the Roaring Fork Regional Planning
Commission this day of , 1997.
ATTEST:
mtalby1aws2.rpc
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ROARING FORK REGIONAL
PLANNING COMMISSION
Chairman
