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HomeMy WebLinkAbout20-49 Board of Trustees Quasijudicial Virtual 04-22-2020RESOLUTION NO.20-49 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING THE BOARD OF TRUSTEES HANDBOOK AND ORIENTATION TELEPHONIC PARTICIPATION POLICY TO AUTHORIZE TELPHONIC QUASI-JUDICIAL PROCEEDINGS DURING AN EMERGENCY AND AMENDING THE EMERGENCY TELEPHONIC MEETING PROCEDURE WHEREAS, on March 10, 2020, Governor Jared Polis in accordance with the Colorado Disaster Emergency Act ("Act"), C.R.S. §24-33.5-704, by proclamation, declared a state of emergency in Colorado to provide access to resources, legal flexibility, and protect vulnerable communities, all to better contain the outbreak of the COVID-19 virus; and WHEREAS, in accordance with C.R.S. §24-33.5-709, on March 18, 2020, the Town Manager declared a local disaster ("Declaration of Disaster"), which was continued until further notice by the Board of Trustees on March 25, 2020; and WHEREAS, on March 25, 2020 Governor Polis issued Public Health Order No. 20-24 implementing stay at home requirements to continue until April 11, 2020, which has been extended to April 26, 2020; and WHEREAS, the Town's Declaration of Disaster activated the Town's Emergency Telephonic Meeting Participation procedure, which was enacted as a result of the 2013 Floods; and WHEREAS, that procedure anticipated emergencies of a limited duration, however, it is apparent from the latest information provided by the Center for Disease Control and Prevention ("CDC"), and other sources including the Colorado Department of Public Health and Environment and Governor Polis, that though it now appears that the States measures are working to control the virus that the unwinding of the stay at home restrictions will be a lengthy process with an uncertain time line; and WHEREAS, the Town's Telephonic Participation Policy prohibits quasi judicial proceedings from being held; however, given COVID-19's unknown duration and impact the Town is now faced with matters requiring quasi judicial proceedings which can't be held in abeyance to some unknown future date; and WHEREAS, the Town's Telephonic Participation Policy enacted in 2014 is outdated and given the current options for conducting telephonic meetings the Town desires to select the means of Telephonic Participation that best meets its needs and ensures transparency to the extent feasible. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1 Section I The Board of Trustees Handbook and Orientation, Telephonic Participation Policy, Section 2, is amended, by addition of the following, to read as follows: 2. Quasi judicial meetings may be held by telephonic participation in the event of a local disaster emergency subject to the requirements set forth herein. a. In the event that an application is scheduled for a public hearing that is a quasi- judicial matter and due to applicable timelines must be held during the time that a local disaster emergency is in effect, the Town shall notify the applicant of such circumstances and present the applicant with options for proceeding with the application. Upon notice from the Town, the applicant shall authorize the Town, in writing, to proceed with one of the following options: i. Conduct the public hearing under this policy with accommodations made for Telephonic Participation by the applicant and the public, subject to the applicant waiving, in writing, any legal challenge on the basis that the hearing will be conducted via Telephonic Participation; or ii. Suspend any and all review and decision deadlines until such time that the local disaster emergency declaration is terminated and the Board of Trustees can schedule a meeting at which an in -person quorum will be present. b. To the extent reasonably possible the Board of Trustees shall provide adequate opportunity for the applicant and the public to participate in the quasi-judicial matter in a manner that approximates as closely as possible the opportunity that is routinely provided during in -person meetings — for example, an opportunity for members of the public to comment on the application during the public comment portion of the hearing. Such opportunity shall include, at a minimum, the ability for the public to listen and as appropriate comment by telephone during the hearing. Nothing in this policy shall prevent members of the public from submitting written comments in advance of the meeting at which the quasi judicial matter will be considered. If written comments are received on a quasi judicial matter being considered at a meeting conducted via Telephonic Participation, such comments shall be read into the record by the Town Clerk, the Mayor, or a member of Town staff. c. Any documents, exhibits, or other materials (collectively, "Materials"), to be presented by the applicant, Town staff, other parties (if any), or members of the public during the public hearing, must be clearly marked for identification and must be submitted to the Town Clerk at least five (5) days prior to the hearing date, in addition to any obligation of the applicant, Town staff, or other parties, if any, may have by law to provide such materials to other parties prior to the hearing. Notice of the public hearing issued by the Town shall include notice of this requirement to submit Materials to the Town Clerk, and shall state where, how, and when such Materials must be submitted. The Town Clerk will include the Materials in the Board of Trustee's packet with a cover sheet identifying the name of the party submitting the materials, and will make such materials available to the public on the Town's website and or Town Hall if feasible at least 24 hours before the hearing. d. The participants in the public hearing, discussion, and decision should endeavor to identify themselves for the record upon speaking or asking questions. The Mayor will endeavor to ensure the participants in the public hearing clearly identify themselves and any Materials referenced during the hearing for purposes of creating an adequate record. e. A record of the public hearing, including all presentations, testimony, documents and other materials submitted, discussion, and decision shall be made and kept by the Town, including a full audio recording or, if the meeting is conducted using video, a full audio and video recording. Section 2. The Board of Trustees Handbook and Orientation Telephonic Participation in the event of a Disaster Emergency is repealed in its entirety and re-enacted to provide: In the event of a local disaster emergency, which calls for a Telephonic Participation meeting, notice and the procedure for public participation shall be posted at Town Hall and published on the Town's website: www.firestoneco.gov and such other electronic means as the Town deems appropriate. INTRODUCED, READ AND ADOPTED this day of -P'u� , 2020. <�FtESTpN� TOWN OF FIRESTONE, COLORADO TOWN �i O SC2, p qjAbbi Si lar, Mayor O ;. f Q ATTEST: OO�N7Y, T PRO ED AS TO FORM: Willi . Hayashi, Town Attorney