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HomeMy WebLinkAboutR08-054 Roaring Fork Valley Regional Planning Commission Responsibilities EAGLE COUNTY, CO 200810861 TEAK J SIMONTON l+� > Pgs: 13 12:25 :58PM 05/22/2008 REC: $0.00 DOC: $ V I Commissioner VV -1GL.a 1 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS '',./ COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 08- O4 A RESOLUTION CONCERNING THE RESPONSIBILITIES AND JURISDICTION OF THE ROARING FORK VALLEY REGIONAL PLANNING COMMISSION WHEREAS, pursuant. to C.R.S. 30 -28 -105, as amended, the Board of County Commissioners of Eagle County, Colorado and the municipalities within Eagle County may cooperate in the formation of a regional planning commission; and WHEREAS, by Eagle County Resolution g y olution No. 95 -133 the Eagle County Board of County "Bo " . Y Commissioners and merged the then existing istm Eagle and d Colorado Valley Planning g y annmg Commissions until such times as cooperative agreements could can be reached with other governments concerning regional planning cooperation; and WHEREAS, regional planning commissions may, to the extent provided by resolution of the Board of County Commissioners, perform the functions of a county planning commission; and WHEREAS, the Board of County Commissioners has by Resolution No. 97 -123 created the Roaring Fork Regional Planning Commission and on September 2, 1997 approved and entered into an intergovernmental agreement with the Town of Basalt to establish a regional planning commission (a copy of such agreement is attached as Exhibit "A "). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: SECTION 1: MEMBERSHIP. The Roaring Fork Valley Regional Planning Commission shall consist of five (5) regular members appointed by the Board of County Commissioners. Alternates may be appointed as deemed necessary by the Board of County Commissioners. The alternate shall serve as a regular member when a regular member is absent. SECTION 2: QUALIFICATIONS. Each member, including alternates, must be a resident of the Roaring Fork Valley as defined by that portion of Eagle County within the map area marked as Exhibit "B" attached hereto and incorporated herein by this reference for at least one year prior to appointment. SECTION 3: TERMS. Membership terms shall be for three years beginning March 1 of the year of appointment. However, the initial terms shall be staggered, as more fully set forth in the resolution appointing the initial members. Alternates to the Roaring Fork Valley Planning Commission shall serve a one year term. Vacancies occurring within a term shall be filled for the remainder of the term through Board appointment. SECTION 4: REPRESENTATION. One member shall be nominated by the Town of Basalt; the Board will give serious consideration to the Town's nominee. All other members shall be "at large" appointments by the Board of County Commissioners. In making appointments, the Board of County Commissioners shall strive to select individuals from different geographic areas of the Roaring Fork Valley with varying professional and civic backgrounds. SECTION 5: METHOD OF NOMINATION. The County shall notify the Town when a vacancy for a Town nomination occurs and the time period during which nominations will be considered. The Town shall nominate one or more individuals to fill the vacancy. The Board of County Commissioners may, at their discretion, conduct interviews of the nominees prior to making any appointment. Appointment shall be made by resolution at a regular or special meeting of the Board of County Commissioners. If after six weeks from the date the Town is notified of the vacancy no nominations have been received from the Town, the Board of County Commissioners may fill the vacancy as an "at large" position. If the vacancy is filled with an "at large" candidate, the Town shall be given the opportunity to forward a nomination when the next regular "at large" member resigns or is removed from the Commission, prior to advertising for "at large" candidates. All "at large" vacancies shall be advertised and filled by the Board of County Commissioners; appointment shall be made by resolution at a regular or special meeting of the Board of County Commissioners. SECTION 6: REMOVAL OF MEMBERS. Any member of the Roaring Fork Regional Planning Commission may be removed from the Commission for failing to carry out the duties and responsibilities of office in a responsible manner, including failure or inability, whether or not for cause, to regularly attend meetings of the Commission, or for failing to comply with the rules and procedures as outlined in the Planning Commission Bylaws approved by the Town and the Board. Removal shall occur pursuant to the Bylaws. SECTION 7: DUTIES AND RESPONSIBILITIES. The Roaring Fork Valley Regional Planning Commission is authorized pursuant to §30-28-105(a}, C.R.S., to perform the following functions and shall have those duties and responsibilities for the temtory shown on the attached Exhibit "B" A. Adoption of Community Plans; B. Review and make recommendations to the Eagle County Board of Commissioners on applicable land use applications within its boundaries; C. Review and recommendation to the Eagle County Planning Commission regarding county-wide master plans and proposed or amended land use regulations; and D. Survey and study existing conditions and planning issues which affect the Roaring Fork Valley. SECTION 8: JURISDICTION OF THE ROARING FORK VALLEY REGIONIAL PLANNING COMMISSION. The Roaring Fork Valley Regional Planning Commission shall have jurisdiction over those matters that are within its boundaries, as more specifically set forth in Section 7 hereof and EXHIBIT B hereto, SECTION 9: EFFECTIVE DATE OF THIS RESOLUTION. This resolution shall become effective 12:01 a.m. on the 7th day of May, 2008. The meeting of the Roaring Fork Valley Regional Planning Commission shall be pursuant to the Eagle County Land Use Regulations. SECTION 10: INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF BASALT. The intergovernmental agreement entered into on September 2°a, 1997, which sets forth the obligations and responsibilities of the County and the Town in regards to the establishment of the Regional Planning Commission is herby attached as Exhibit "B." MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the (~7 day of ~~ , 2008. ATTEST: Clerk to the Board of ~++i~,;; County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMI IO ~~~~ ~y: Peter Runyon Chairman Commissioner Sara Fisher Commissioner Commissioner r`5~--~- seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Peter Runyon ~ `~ Commissioner Arn Menconi. ~, Commissioner Sara Fisher ~ ~ This Resolution passed by ~ l j> vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 1NTERGOVERNMENTALRGREEMENT 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 througtl 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- f~3 which was executed by'the County. THAT, the Bylaws for the Roaring Fork Valley Regional Planning Commission have been reviewed and ~ greed upon by the Town and are incorporated into thi ; Agreement by this reference. (Attached as Exhibit A). 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;[x_ 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- 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. .~_, e4 L:...L,: f' v _ tl ~~ ~~ ~ ATT T: COtORA~O _~ Clerk to the B and of County Commissioners .•`' •~ L - ~` '~ ~.• _ ~ - ~ _, ;• ~ . ~. ~~ ~ - - ~ _ - V~ _. ~ ~.~1..1 , ~'ay~o COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BO D OF COUNTY COMMISSIONERS By. ~~ hnnette Phillips, Chairman TOWN OF ASALT By Richard Stevens, Mayor • • 1~ ATTEST: REGIONAL PLANNING COMMISSION BYLAWS for THE ROARING FORK REGIONAL PLANNING COMMISSION e 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: (C) (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 appointment. Annual Review of Membership: Afl 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 ofFce. 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 stiff 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~affinnative 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 individual items required by applicable statute, resolution o~ regulation, each commission shalt publish the agenda of its regular meetings and any special meeting in a newspaper of general circulation in the County at feast five days before the meeting. z • ' 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)J. 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 present. No notice of individual member's site visits is required. 3 !f 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. • (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 ofi~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 commissioners 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. T`>_? 5 ,.`. (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. Nb 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. Siection 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: mtalby~awsz.rpc By: ROARING FORK REGIONAL PLANNING COMMISSION Chairman 6 .-r,-,y.::c ~~. ^,.~ ~` 0 -~ 0 '- U a ~. 0 =ys Valley GQmmunity Mid Vicinity MaP Plan Area ~ ~`~°_° mKa~~rtwmm ~Mdes „, a s ='tiz. v arming Area c~ unity PI . alley C°mrn Mid V Basalt _~ Pitkin Cou~tY 0 o~ o~ 0 ~®