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HomeMy WebLinkAboutTB Study Session 2013-03-26 Town of Estes Park, Larimer County, Colorado, March 26, 2013 Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202/203 in said Town of Estes Park on the 26th day of March, 2013. Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris, and Phipps Attending: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris, and Phipps Also Attending: Town Administrator Lancaster, Assistant Town Administrator Richardson, Director Chilcott, Town Attorney White, and Deputy Town Clerk Deats Absent: None Mayor Pinkham called the meeting to order at 5:00 p.m. FUTURE AGENDA ITEMS. The Board discussed agenda items for upcoming Town Board Study Sessions and proposed changes to the schedule as follows: • Schedule the Town Administrator Evaluation Process prior to the Evaluation • Move the Strategic Initiatives Discussion to a later date • Move May 14th agenda items to April 23, 2013 Town Administrator Lancaster noted that a revised schedule for Future Agenda Items would be forthcoming at the April 9th Town Board Study Session. Trustee Ericson requested that the Planning and Goal Setting Retreat and Pre-Budget Meeting be included on the list, for planning purposes. Trustee Elrod said that a discussion related to FOSH funds had previously been postponed but, to date, had not been re-scheduled, and noted that the Board has a May 14th deadline by which to make a determination regarding the feasibility of a performing arts center project. The determination of feasibility will be an action item for the Town Board. Based on the Board’s decision, an application process, previously proposed by staff, may be implemented for distribution of FOSH funds. TOWN BOARD MEETING PROCEDURES/TOOL BOX. Trustee Elrod questioned the continuance of a Planning item on the Town Board agenda related to a year-round tubing hill at Elkhorn Lodge. He asked why the item was on the consent agenda rather than being an item that would require discussion and action by the Board. Director Chilcott explained that staff requested the continuance based on considerable public input and unresolved issues raised at the Estes Valley Planning Commission (EVPC) meeting. By bringing the item forward on the next week’s Town Board agenda, the Trustees would be asked to make a decision without having the opportunity to review the approved minutes of the March 19th EVPC meeting and the evidence and recommendations contained therein. She stated that staff will not attempt to speed up the review process in the future, so that the Board will have the benefit of approved minutes from EVPC meetings. Discussion ensued related to the ability of an applicant to change an application following the EVPC review and prior to being heard by the Town Board. Director Chilcott said that new evidence cannot be introduced and referred to the development code which states that no changes can be made once submitted, unless the changes are requested by staff or by another review body. Topics of discussion included: applications with significant changes should be sent back to Planning Commission for re-review before moving forward to Town Board; if changes related to EVPC conditions of approval are met between EVPC meeting and Town Board meeting, the item has been moving forward; if denied and changes are Town Board Study Session – March 26, 2013 – Page 2 made, the EVPC needs to see the item again; propose scheduling additional EVPC meeting to allow for quicker approval of meeting minutes; and propose the Board discuss current practices and make a policy decision to provide direction to staff related to changes to applications, denials, and timing of the review and approval processes. Staff will prepare to bring forward information related to the development plan review process for the June 11, 2013, Town Board Study Session. Mayor Pinkham called for a ten minute break for dinner at 5:40 p.m. The Trustees continued discussion of the Town Board Meeting Procedures and Tool Box that were adopted by the Board in March 2011. Substitute Motion vs. Amending a Motion. It has been the practice of the Board to amend a motion to slightly change the basic motion or to add to the basic motion. A second to the amended motion is required prior to a vote being taken. A substitute motion is made when completely changing the direction and meaning of the basic motion. A second is required. The Clerk may be asked to restate the motion prior to the vote. Motion to Reconsider. The timeline for a motion to reconsider was discussed. Current procedures are open-ended and do not designate a specific timeframe in which this option can be used. Discussion included: why would someone who voted for a motion ask for reconsideration?; limit use of this option to the same meeting or the next meeting after passage of the motion; motion to reconsider sends conflicting message; no need to reconsider something already passed; and specify that a motion to reconsider must be used in the same meeting, or remove the option from the Toolbox. The Toolbox will be revised to exclude the Motion to Reconsider. Trustees’ Responsibilities to support a Board Decision and Trustee Involvement in Outside Groups Representing the Board. Town Administrator Lancaster noted that there is a reference in policy governance stating that trustees agree to support decisions of the Board. A trustee can dissent, but must support the Board decision. When speaking in the community a trustee should indicate that he/she is expressing his/her individual opinion and not that of the Board, unless he/she has been authorized to speak for the Board. A trustee should not give advice, recommendations, initiate meetings, or get involved in opposition to a Board decision. Discussion ensued as to how, after a Board decision has been made, a party may re-address the Board with a different idea or proposal, in particular the revised proposal related to the EPiC performing arts project. Conversation continued: the Town Administrator has the responsibility of representing the Town and bringing information to the Board; it is inappropriate for a trustee to fulfill that role even if speaking as an individual and not as a Board member; perception is part of the issue; Attorney White got involved by writing a revised agreement related to the performing arts center; it is not appropriate for the Town attorney to write a legal document for a private enterprise; Town Administrator Lancaster requested that Attorney White become involved to re-write the agreement and encompass a new request and new timeframe; and the development process should be followed, going through Planning Commission review prior to moving forward to Town Board. Trustee Koenig asked about communication related to a quasi-judicial matter, stating the Board does not have any information until the Board packet materials are received. Trustee Phipps asked about speaking to Planning Commissioners about EVPC decisions. Attorney White said that should not be done as it would be considered ex parte communication. Town Administrator Lancaster said the Town must be responsive to citizens and noted that it is not unusual for citizens to meet with the Town Administrator to ask questions, throw out ideas, and inquire about processes and procedures. Mayor Pro Tem Blackhurst said that conversations that include the use of Town-owned land should raise a red flag and initiate communication with the Board. Town Board Study Session – March 26, 2013 – Page 3 Trustees may listen to constituents’ concerns, but questions of process should be referred to Town staff. The Town Administrator should be able to engage and work together with counsel at his discretion, and should inform the Board if a topic is a substantial issue. The Code of Conduct will reflect that trustees speak for themselves and not on behalf of the Board, and that they will not advocate against decisions of the Board. Discussion on the topic of Town Board Meeting Procedures/Toolbox will continue at the next Town Board Study Session scheduled for Tuesday, April 9, 2013. POLICY GOVERNANCE II – BOARD/STAFF LINKAGE. Item not discussed due to a shortage of time. There being no further business, Mayor Pinkham adjourned the meeting at 6:30 p.m. Cynthia Deats, Deputy Town Clerk