Erie Planning Commission Meeting – July 20, 2022

The Erie Planning Commission met on Wednesday, July 20, 2022, from 6:32 PM to 8:33 PM at 645 Holbrook Street. Vice Chair Luthi presided in the absence of Chair Zuniga. The meeting opened with a pledge of allegiance and roll call – five members present (Commissioners Burns, Swikoski, Booth, Baham, and Vice Chair Luthi), constituting a quorum. The main items were a joint legal training with the Board of Adjustment presented by Sam Light of CIRSA and a discussion of the Commission’s bi-annual report to the Board of Trustees.

Consent Calendar

• Approval of the Agenda: Motion by Commissioner Booth, seconded by Commissioner Swikoski. Vote: 5-0 (all yes).
• Approval of Minutes (July 6, 2022): Motion by Commissioner Swikoski, seconded by Commissioner Burns. Vote: 5-0 (all yes).

Public Comments & Testimony

• No public comments were offered or received.

Discussion Items

• Legal Training (Agenda Item 22-263): Sam Light, general counsel for the Colorado Intergovernmental Risk Sharing Agency (CIRSA), provided a two-hour training on suggestions for success for quasi-judicial decision makers. Key topics included:
  • The role of appointed officials as quasi-judicial officers (distinct from legislators).
  • Liability protections under the Colorado Governmental Immunity Act, with the caveat that willful and wanton conduct is not covered.
  • Importance of “role discipline” – knowing one’s lane and not overstepping into staff or other bodies’ duties.
  • Due process requirements: notice, public hearing, record-based decisions by fair and impartial decision-makers.
  • Avoiding ex-parte communications: not discussing pending cases outside the hearing, not engaging on social media, and directing citizen input to the public hearing process.
  • Ethics obligations under Town Code Title 1, Chapter 7, including conflicts of interest, gift rules, and appearance of impropriety.
  • Best practices for running hearings: structured format, civil discourse, focused deliberations, and making a clear record.
  • Training materials were provided; Commissioners and Board of Adjustment members asked clarification questions.
• Discussion: Planning Commission Bi-Annual Report (Agenda Item 22-264): The Commission reviewed a draft report prepared by Chair Zuniga. Discussion centered on:
  • Whether the Commission would be proactive or reactive in the upcoming Comprehensive Plan update. Planning Manager Deborah Bachelder clarified that the Commission will be involved in discussions and workshops, not just reviewing the final document, and that a consultant will be hired.
  • Goal #2 in the draft (reviewing other jurisdictions’ practices) – Commissioner questioned whether the Commission has authority to update procedures; staff noted they can make recommendations to the Board of Trustees.
  • Goal #3 (skill development) – Commissioners asked about additional training; staff mentioned APA membership (already arranged) and plans for internal training on the Unified Development Code in September.
  • A typo on page 2 (“2022b Overview”) was noted.
  • Goal #1 (facilitate comprehensive plan update) – request to clarify language to define the Commission’s specific contribution.
  • Engagement with the community: staff noted the Comprehensive Plan process will include public meetings, surveys, and opportunities for the Commission to interact outside of quasi-judicial hearings.
  • The presentation to the Board of Trustees is scheduled for September (moved from August) in a 15-minute slot; the Chair typically presents, and all commissioners can attend.
• Staff Reports: No specific staff reports, but Planning Manager Bachelder noted two public hearings on the August 3, 2022 agenda: Erie Highlands Preliminary Plat No. 5 and Parkdale PUD Amendment No. 3.
• Commissioner Reports: Commissioner Swikoski indicated she would be out of town for the next meeting.

Key Outcomes

• The agenda and prior meeting minutes were unanimously approved (both 5-0).
• No votes were taken on the legal training or bi-annual report discussion; the training was informational.
• The Commission decided to continue revising the bi-annual report at the next meeting (August 3 or August 17) to incorporate feedback, and Chair Zuniga (absent) will adjust the draft based on the discussion and recording.
• Staff will provide links for APA training and will schedule a Unified Development Code training in September.
• The bi-annual report will be presented to the Board of Trustees in September 2022.
• Upcoming public hearings: August 3, 2022 – Erie Highlands Preliminary Plat and Parkdale PUD Amendment No. 3.