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HomeMy WebLinkAboutORDINANCE 16-22ORDINANCE NO. 16-22 AN ORDINANCE AMENDING THE ESTES PARK MUNICIPAL AND DEVELOPMENT CODES REGARDING VIRTUAL MEETINGS WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is in the best interest of the Town to amend certain sections of the Municipal and Development Codes of the Town of Estes Park, Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Ellipses in this ordinance indicate material not reproduced as the Board intends to leave that material in effect as it now reads. Section 2: Section 2.04.045 of the Estes Park Municipal Code is hereby amended, by adding underlined material and deleting stricken material, to read as follows: 2.04.045 - Emergency meetings. (b) Virtual Meetings. In the event a quorum of the Board of Trustees is unable to meet because meeting in person is not practical or prudent due to a declared disaster or e erge c=y—a;fectin +g—t e T000n qualifying event, meetings and quasi-judicial public hearings may be conducted by telephone, electronically, or by other means of communication so as to provide maximum practical openness to the public given the Town's technological means, if all of the following conditions are met: (1) The Town Administrator or the Mayor determines that meeting in person is not practical or prudent, because of a qualifying event declared disaster or emergency affecting the Tow.,; (2) All members of the Board of Trustees can hear one another or otherwise communicate with one another and can hear or read all discussion and testimony in a manner designed to provide maximum notice and participation; (3) Members of the public present at the regular meeting location can hear or read all discussion, testimony and votes, unless that is not practical, in the determination of the Town Administrator, due to the qualifying eventdisastcr or emergency, in which case the Town Administrator shall ensure that the meeting is as open as practicable to the public through other means; (4) At least one (1) member of the Board of Trustees is present at the regular meeting location, unless not practicable due to the qualifying event pandemic or other disaster or emergency; (5) All votes are conducted by roll call; (6) The meeting is recorded, or minutes of the meeting are taken, and the recording or a draft of the minutes is made available to the public as quickly as practicable; and (7) To the extent possible, full and timely notice is given to the public setting forth the time of the meeting, the fact that some members of the Board of Trustees may participate remotely, and the right of the public to monitor the meeting from another location; provided that these requirements are subject to subsection (a), above, if the virtual meeting is also an emergency meeting. (c) Qualifying event. For the purposes of this section. a "qualifying event" is a current declared disaster or emergency affecting the Town, or a period of elevated threat to public health due to COVID-19 so as to cause an undue risk to in -person meeting participants as determined by the Mayor or the Town Administrator and communicated to the public in the published agenda for the virtual meeting. Section 3: Section 3.1 of the Estes Park Development Code is hereby amended, by adding underlined material and deleting stricken material, to read as follows: § 3.1 - General Provisions D. Required Times for Action and Inaction. 5. Suspension of Time Periods for Review in Emergencies. Whenever the provisions of this Section or this code require that reviewers or the Decision -Making Body take action on an application within a specified period of time, any declaration of emergency or disaster under §2.28.030 of the Estes Park Municipal Code shall have the effect of nullifying and suspending any and all effects of the specified time periods or deadlines for pending applications until the declaration has terminated. Such time periods shall restart upon the termination of the declaration. of the relevant time period relates to h aring may safely be held. Without limitation, this paragraph specifically applies to the thirty -day deadline in §3.2(F)(1). The Town may schedule a public hearing to occur virtually during an emergency. Section 4: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication by title. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this a:VA day of SCE'T .�."k:f- , 2022. TOWN OF ESTES PARK, COLORADO ATTEST: I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the " day of " "e '° ....._ 2022 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the "`: day 2022, all as required by the Statutes of the State of Colorado. �%�.........� 6. . mow.,_._ �..... Tow$ .Ckerk) APPROVED AS TO FORM: Town Attorney