HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2019-05-15 - Special MeetingRECORD OF PROCEEDINGS
Special Meeting: Estes Valley Board of Adjustment
May 15, 2019, 2:00 p.m.
Board Room, Estes Park Town Hall
Board: Chair Jeff Moreau, Vice-Chair John Lynch, Wayne Newsom, Rex Poggenpohl,
Pete Smith,
Attending: Members Moreau, Newsom, Poggenpohl
Also Attending: Director Hunt, Town Attorney Greg White, County Attorney Jeannine Haag,
Deputy County Attorney Bill Ressue, Recording Secretary Karin Swanlund
Absent: Smith, Lynch
Chair Moreau called the meeting to order at 2:00 p.m. He introduced the Board Members and
staff.
1. PUBLIC COMMENT
Rebecca Urquhart, 1955 Homestead Lane, objected to the Board going into Executive Session.
The recent court decisions regarding the Mountain Coaster are still in the appellate period, the
Board of Adjustment is still in a quasi-judicial stance, the Town and County are parties to the
litigation therefore any commuication regarding the legal status of those appeals should be dealt
with in an open hearing after notice and public comment. If there is a discussion of matters under
litigation, it is her opinion that when this matter comes back to the Board, there wil be grounds for
an appeal of the next hearing resulting in a third Board of Adjustment consideration. She
recommended postponement and that it be made part of a public hearing.
Poggenpohl asked if there was any other people invited to the Executive Session, to which
Attorney White replied no, in the opinion of the Attorneys, it was perfectly acceptable to have
discussion on the matter at hand.
2. REQUEST TO ENTER EXECUTIVE SESSION
It was moved and seconded (Moreau/Poggenpohl) to enter executive session for a
conference with the Board’s Attorneys for the purpose of receiving legal advice of specific
legal questions under C.R.S Section 24-6-402(4)(b). The motion passed 3-0.
Whereupon Chair Moreau adjourned the meeting at 2:05 p.m. to enter into Executive
Session.
Whereupon Chair Moreau adjourned the executive session and reentered open session at
3:00 p.m.
County Attorney Haag noted the wishes of the Board to have a public hearing regarding the
subject matter, thus having an additional meeting in the near future.
It was moved and seconded (Moreau/Newsom) to continue the meeting subject to a public
hearing, requesting staff find a date before the end of the month if possible. The motion
passed 3-0.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
March 5, 2019
There being no other business before the Board, the meeting adjourned at 3:07 p.m.
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Jeff Moreau, Chair
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Karin Swanlund, Recording Secretary