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HomeMy WebLinkAboutresolution.boa.001-2020 RESOLUTION NO.QJ_, 2020 A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT ADOPTING AN ELECTRONIC PARTICIPATION POLICY FOR MEETINGS DURING A LOCAL DISASTER EMERGENCY WHEREAS, the City of Aspen issued a Declaration of Local Disaster Emergency on March 12, 2020 in response to the spread of the COVID-19 virus; and WHEREAS, the spread of the COVID-19 virus requires individuals to practice self- distancing and otherwise limiting social interaction such that in-person attendance at City meetings by commission members, staff and members of the public is rendered impracticable; and WHEREAS, conducting City business during the current local disaster emergency requires attendance be accomplished through electronic participation; and WHEREAS, on March 18, 2020 the City Manager adopted Rules and Procedures for Electronic Participation in Aspen City Council Meetings; WHEREAS, the Board of Adjustment (BOA) also desires to adopt an Electronic MParticipation Policy for BOA Meetings During a Local Disaster Emergency (the "Policy"); and WHEREAS, the BOA finds that adoption of the Policy will promote meeting efficiency as well as promote the understanding and transparency of BOA meeting procedures for the general public and protect the health,safety and wellness of the Aspen community. NOW, THEREFORE BE IT RESOLVED BY THE CITY OF ASPEN BOARD OF ADJUSTMENT, that the Electronic Participation Policy for Meetings During a Local Disaster Emergency attached hereto as Exhibit A are hereby adopted. ADOPTED May 7, 02o by the CITY OF ASPEN BOA -..OF ADJUSTMENT. By: Attest: ,/�< Andrew Sandler, Chair Nicole Henning, City CW, EXHIBIT A ELECTRONIC PARTICIPATION POLICY AT CITY OF ASPEN BOARD OF ADJUSTMENT MEETINGS DURING A LOCAL DISASTER EMERGENCY I. Purpose. The purpose of this Electronic Participation Policy ("Policy") is to specify the circumstances and means under which the City of Aspen Board of Adjustment (BOA) shall conduct regular and special meetings by telephone or other electronic means of participation, such as video-conferencing that is clear, uninterrupted and allows two way communication for the participating members ("Electronic Participation"). The BOA shall only utilize the policies contained herein upon the adoption by the City Council of a resolution declaring, or the City Manager declaring, a local disaster emergency pursuant to§24-33.5-709, C.R.S. II. Statement of General Policy. The BOA may conduct a regular or special meeting of the BOA by electronic means only in accordance with this Policy. A. Emergency Situations. In the event a quorum is unable to meet at the day, hour, and place fixed by the rules and procedures of the BOA because meeting in-person is not practical or prudent or is inconsistent with existing and applicable orders of the State of Colorado or the Pitkin County Public Health Director, due to an local disaster emergency affecting the City, meetings may be conducted by telephone, electronically, or by other means of communication so as to provide maximum practical notice. Meetings may be held by telephone, electronically, or by other means of communication if all of the following conditions are met: 1. A local disaster emergency has been declared pursuant to §24- 33.5-709, C.R.S.;and 2. The City Manager or the BOA determines that meeting in person is not practical or prudent or is inconsistent with existing and applicable orders of the State of Colorado or the Pitkin County Public Health Director, because of matters related to the declaration of local disaster emergency affecting the City; and 3. All members of the BOA, and at least one City staff member 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; and 4. Members of the public can hear the BOA's proceedings and are afforded opportunities to participate in public comment; and 5. All votes are conducted by roll call; and b. Minutes of the meeting are taken and promptly recorded, and such records are open to public inspection; 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 BOA may participate by telephone or otherelectronic means,and the manner in which the public may view and participate in the meeting remotely. III. Arranging for Electronic Participation. A. The City Clerk or Deputy Clerk shall contact BOA members at least twenty-four hours in advance of a regular or schedule meeting to provide notice of a meeting conducted under this policy. • B. The City shall initiate the Electronic Participation not more than ten (10) minutes prior to the scheduled time of the meeting. Upon disconnection during a meeting, the City Clerk shall make at least three attempts to re-initiate the connection. IV. Effect of Electronic Participation. A. Quasi-Judicial Matters. In the event that a pending application is scheduled for a public hearing that is quasi-judicial in nature at a meeting at which this policy is in effect,the City shall advise the applicant of such circumstances and present the applicant with options for proceeding with the application. The applicant shall authorize the City, in writing, to proceed with one of the following options. 1. Conduct the public hearing under this policy with accommodations made for electronic participation via video-conferencing for BOA members, City Staff, and applicants, and participation via video- conferencing or telephone for members of the public who wish to comment; or 2. Suspend any and all review and decisions deadlines until such time that the local disaster emergency is lifted and the BOA schedules a regular meeting at which a quorum will be physically present. • B. Executive Sessions. In the event that the BOA holds an executive session pursuant to §24-6-402, C.R.S., participants shall be authorized to attend via Electronic Participation. Any executive session conducted under this policy shall be recorded electronically as provided for by statute. V. Applicability of Policy. This Policy shall apply to all regular and special meetings (including work sessions) of the BOA. VI. Reasonable Accommodations. The City shall provide reasonable accommodation and shall waive or modify provisions of this Policy to provide handicapped members of the HPC full and equal access to applicable meetings. • •