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LAPAC Meeting Minutes
October 16, 2012
Members Present: Carla Brookman, Susanne Cordery-Cotter, Mandy Kotzman, Allan Leibow, , Paul Resseguie, Cordelia Stone, Ed Stoner.
Larimer County Planning Staff Members Present: Samantha Mott.
Meeting Called to Order: Mandy Kotzman (Chair) called meeting to order at 7:06 p.m.
Agenda: Adopted as written.
Meeting Minutes: August 21, 2012 meeting minutes adopted with two minor edits.
Member communication items:
1. Ed Stoner went to the four-hour long Board of County Commissioners (BCC) hearing for the Pope Special Review. Randy Pope had previously made comments, at the Planning Commission hearing, about LAPAC members being unprepared for reviews. Ed spoke in defense of LAPAC. The BCC decided to table the decision, hold a special work session in late October, and hold a hearing December 3, 2012.
County Communication items (by Samantha Mott):
1. The new neighborhood meeting process is in effect. It is for streamlining the review process, and it is only required for items that require the Sketch Plan step, such as land division, special review, rezoning. Sketch Plan information is sent to neighbors for feedback, then a determination is made regarding the need for a neighborhood meeting. Details of implementing this process are still in development.
Agenda was amended to move “PAC Member Training” item to be the next item on the agenda.
PAC Member Training Item:
1. County Attorney
Mr. Bill Ressue of the County Attorney’s office provided a training session to LAPAC members regarding LAPAC’s role, conflict of interest, attending meetings, and the Open Meetings law. The following paragraphs summarize Mr. Ressue’s comments (the term “we” used here means LAPAC members).
LAPAC’s role is advisory. This is important when considering potential liability. Advisory committee members are more insulated that the final decisions-making boards. If there was a lawsuit, there are government immunities that apply.
Conflict of interest – neutrality is important, we might encounter affected persons at meetings or in the grocery store. It is important that LAPAC members provide fair and impartial proceedings. When we have information, it might affect whether we are fair and impartial. For example we might hear comments at neighborhood meetings; then if they are not brought up at LAPAC, attendees at the LAPAC meeting do not know to respond to the comments hindering our ability to reformulate our opinion. We should always disclose what we know and our personal observations. There is an “actual conflict” if there is a financial interest, in which case we must recuse ourselves. If one of our relatives has a financial interest, it is more of a gray area but there can be a “perceived conflict”. if you or a relative has an interest it is important to disclose. We must try to be impartial. If a member has a predetermined opinion which is fixed and not susceptible to change, then that is “impermissible bias”. In other words, we cannot be entrenched.
Neighborhood meetings - we cannot attend. The basis for our information can only be the information brought up at our meetings. We cannot investigate an item. If we receive emails, we should attach them to the packet or Agenda. If a member should have recused themselves but did not, it can nullify the whole process. If a LAPAC member has a conflict and recuses him/herself, then he/she must remain very quiet and not participate. This member can go to the other side and participate as a neighbor. The decision whether to recuse your self is up to you. The question was asked whether a member can switch hats midstream. Response: maybe, but it is important to consider the perception by the citizens.
Attending a hearing as a citizen - we should say “I am on LAPAC but this is my opinion only, not LAPAC’s”. Disclose everything.
Open meetings Law - three or more members is an open meeting if discussing LAPAC business.
Roberts Rules - any motion should be in the affirmative, even if the votes will all be against it.
Community Mobility Review - Carla
1. Carla attended the North Front Range Transit Vision presentation in August. See attached.
Lions Park Remodel - Susanne
1. Bank stabilization is in progress. The County did not solicit input. The Kayak park may or may not proceed. Larimer County Jeff Boring sent out an email regarding the bank stabilization project, see attached.
Personal appearances: None.
Action Items: None
Discussion Items: None
Meeting adjourned at 8:57 pm.