Erie Planning Commission Meeting - July 7, 2021

The Erie Planning Commission met on July 7, 2021, at 6:35 PM via virtual meeting. Chair Zuniga presided. Commissioners Luthi, Sawusch, Ames, and Hoback were present; Commissioner Witt and Vice Chair Fraser were absent/excused. The meeting covered the approval of minutes, a study session on the Planning Commission's role, and a major discussion on the Comprehensive Plan Consultant Contract selection process. The public comment period had no participants. Key actions included tabling the role discussion, recommending the Board of Trustees halt contract award pending legal clarification, and urging rejection of late scoring tabulations.

Consent Calendar

• Approval of Agenda: Commissioner Sawusch moved to amend the agenda to include a discussion on the Comprehensive Plan Consultant Contract and related events. The motion passed 4-1, with Commissioner Ames voting no, citing discomfort without legal counsel or key staff present.
• Approval of Minutes: Commissioner Luthi moved to approve the June 16, 2021 Planning Commission meeting minutes. The motion passed unanimously (5-0).

Public Comments & Testimony

• No public comments were received, either in person or via email.

Discussion Items

• Planning Commission Study Session (Item 21-259): Chair Zuniga opened a continued study session on the Commission's existing and proposed role, including professional development, the Comprehensive Plan update, and transparency concerns. Fred Starr, Director of Planning & Development, provided an overview of the Comprehensive Plan Consultant Contract, noting the Board would contract and budget for it, and the Commission would serve as an advisory group. Commissioner Ames recommended tabling until the Town Attorney and other key staff could attend, citing the need for proper guidance. The motion to table passed unanimously (5-0).
• Discussion of Comprehensive Plan Consultant Contract (Item 21-284): Chair Zuniga initiated discussion on the contract selection process, covering inappropriate communication, alleged scoring tampering (scores entered after 11:59 PM on May 23, 2021), bid rigging concerns, legal implications, and transparency issues. Commissioner Ames proposed a joint study session with the Board of Trustees. Commissioner Sawusch made a motion to hire an outside investigator or refer to the State Attorney General; the motion died for lack of a second. Commissioner Ames then moved to recommend the Board of Trustees halt awarding the contract until further discussion with the Town Attorney. The motion passed unanimously (5-0). Commissioner Luthi moved to recommend the Board of Trustees not accept any scoring tabulations occurring after 11:59 PM on May 23, 2021, and adhere to the addendum in the Request for Proposal (RFP). The motion passed unanimously (5-0).

Key Outcomes

• Motion to Table Study Session: The Planning Commission unanimously tabled the study session on its role to the next meeting.
• Motion to Halt Contract Award: The Commission unanimously recommended that the Board of Trustees pause awarding the Comprehensive Plan Contract until the Planning Commission and Town Attorney can discuss and answer questions regarding the selection process.
• Motion to Reject Late Scoring: The Commission unanimously recommended that the Board of Trustees disregard any scoring tabulations submitted after 11:59 PM on May 23, 2021, and follow the RFP addendum's process.
• Commissioner Reports: Commissioner Luthi thanked the Commission for civil discussions. Commissioners Hoback and Ames noted they would be absent from the July 21 meeting. Chair Zuniga reminded commissioners to email Melinda Helmer if unable to attend.
• Adjournment: The meeting adjourned at 8:13 PM.