HomeMy WebLinkAbout20020939.tiff RESOLUTION
RE: APPROVE RATIFICATION OF AMENDMENTS TO BYLAWS -WELD COUNTY
PLANNING COMMISSION
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on March 19, 2002, the Weld County Planning Commission adopted
amendments to Articles V.A., V.B., V.C.3, V.G., and V.H., of its Bylaws, and
WHEREAS, said amendments have been presented to the Board of County
Commissioners for ratification to determine whether the Planning Commission, which is
advisory to the Board, is continuing to act within the scope of its authority, and
WHEREAS, after review, the Board deems it advisable to ratify said amendments,
copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that Article V, Meetings, of the Bylaws for the Weld County Planning
Commission be, and hereby is, ratified as amended.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of April, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, OLO ADO
ATTEST: LA/ -11,17;,‘"\\
"I �Gle Vaad, Chair
Weld County Clerk to the {g ; 4,6:(
:L q� David E. Lo r., Pro-Tem
Deputy Clerk to the Boar 't/t)
f ile
APPROVED- S TO FORM:
EXCUSED
William H. Jerke
y Attorney �- •
R bert D. Masden
Date of signature: 07-5
2002-0939
PL0023
4,e (,9//k/Ae1 Vs
4 TO: Board of County Commissioners
FROM: Lee D. Morrison, Assistant Weld County Attorney
IDATE: April 2, 2002
C. SUBJECT: RATIFICATION of AMENDMENTS TO BYLAWS
COLORADO
The Planning Commission has adopted amendments to its Bylaws. The Board of
County Commissioners is being requested to ratify the amendments since the Planning Commission is
advisory to the Board and the ratification process will provide an opportunity for the Board to be
satisfied that the Planning Commission is continuing to act within the scope of its authority. The
amendments will not become effective until ratified. It should be noted that this office has not
identified any conflicts between these amendments and the Charter, County Code or State Law
Changes to Article V.A. are overdue since the current version does not account for the move to the
new building. I recommend that the language allow for meetings at other locations, the only additional
requirement being that posting is required in the Public Health and Planning building if the meeting is
occurring elsewhere. Article V B is amended to emphasize that public meeting notice requirements need
to be met before special meetings.
Article V.C.3 and V.G. provide for a consent agenda process when a case has not generated
controversy and the Commission is willing to accept the staff recommendation without substantial
changes. This does not eliminate any of the public notice so that members of the public who have been
silent but have an interest will have an opportunity to appear, obtain information from the staff and
applicant and indicate that they wish to provide testimony. The Chairman would make inquiry of the
audience before acceptance of the consent agenda. Two members of the Commission can ask that an
item be removed from the consent agenda and heard as a regular item which avoids a situation where
one member routinely opposes the concept of a consent agenda and torpedoes the approach by always
requesting items come off of the consent agenda. I specified that the major facilities of a public utility
not subject to 1041 powers would not be eligible for the consent agenda because the Planning
Commission makes the "final" decision in those instances.
The language in Article V.H. sets forth explicitly authority that the Chair already has to direct the
course of the meetings. One provision is to allow cutting back on Staff formal verbal presentation when
the Chair deems appropriate. Staff would generate a recommendation (which serves as the starting
point for the Commission resolution ) and also prepares a presentation ( which ordinarily is also in
writing). Neither of these items are required to be read aloud to become a part of the record and can be
provided to the public in written form. On the other hand, eliminating the oral presentation would likely
be counterproductive when members of the public and the Commission have questions which could be
addressed by the presentation. This provision would allow the opportunity to chose limits when the
chair determines they will expedite the hearing. Similarly, the amendments spell out a statement which
allows,but does not require, the Chair to limit testimony from the public to avoid repetition of testimony
subject to being overruled by the Commission members.
Page 1 of 1
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Luis Llerena that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the proposed
amendments to Article V paragraphs A, B, C, G and H of the Weld County Planning Commission By-
Laws be approved as follows:
ARTICLE V- Meetings
A. The Weld County Planning Commission shall meet on the firstand third Tuesday of
each month, if there is business to be conducted, at a regular time to be set by the Chairman
of the Planning Commission in the Weld County Public Health and Planning Building,
1555 North 17th Ave., Greeley Colorado or such other publicly accessible building
designated by the Chairman of the Planning Commission, the location of which is
posted in the Weld County Public Health and Planning Building and on the bulletin board
designated by the Board of County Commissioners for posting of public meetings. In the
event the first or third Tuesday of any month falls on a holiday officially designated by the Board
of County Commissioners of Weld County, the regular meeting may be rescheduled by an
affirmative vote of five (5) members of the Weld County Planning Commission taken at least
seven (30) days prior to the date of the rescheduled meeting.
B. Special meetings of the Weld County Planning Commission may be called by the
Chairman or, in his absence, by the Vice-Chairman, provided that at least twenty-four (24)
hours notice is given to each member and the public prior to any such special meeting date.
C. The order of business at all meetings shall be as follows:
1. Roll call;
2. Review of the summary of the previous meeting;
3. Consent agenda
4. Business matters.
D. A quorum shall consist of five (5) members.
E. The concurring vote of a majority of those members present shall be required to report
favorable to the Board of County Commissioners any plans, reports or recommendations of the
Weld County Planning Commission, or to approve any application which does not require
review by the Board of County Commissioners. Votes to "abstain" shall neither be considered a
"yes " or a "no" vote.
F. The Weld County Planning Commission shall keep a summary of its proceedings
showing the vote of each member upon each question, or if absent or failing to vote, indicating
such vote
G. Consent Agenda-The purpose of the Consent Agenda is to deal with those cases
for which no public hearing is necessary because the Planning Commission is willing to
accept the staff recommendation as their own, there is no relevant oral public testimony
and the applicant indicates a willingness to accept the recommendations of staff. No
use by special review of a major facility of a public utility or public agency heard
pursuant to Chapter 23 of the Weld County Code shall be placed on the consent agenda.
Staff will place those items on the consent agenda that they believe will meet the above
criteria for eligibility but placement on the consent portion of the agenda shall not lessen
the notice or posting requirements of the Weld County Code. The consideration of the
consent agenda shall include a determination if any member of the public is seeking to
provide relevant testimony regarding the application. Any item may be removed from the
consent agenda and placed on the regular agenda upon the concurrence of at least 2
members of the Planning Commission present and eligible to vote on the matter.
H. At the Chairman's discretion, all or a portion of the oral presentations by staff for
regular agenda items may be dispensed with when the written record is deemed
adequate. The Chair may also, at his or her discretion, unless a majority of the
Commissioners present vote to override the exercise of the chairmans discretion, limit
the testimony of the applicant and members of the public to avoid cumulative and
repetitious presentation of evidence.
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nicklas
Cathy Clamp
Fred Walker
John Folsom
Luis Llerena
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify
that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of
Weld County, Colorado, adopted on March 19, 2002.
Dated the 19' of March, 2002.
Voneen Macklin
Secretary
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