Planning Board Speaker Instructions

During an electronic or hybrid electronic and in-person hearing, to the extent practical, the Board will use its standard meeting procedures, as modified by this Rule. To the extent that this Rule conflicts with the procedural rules of the Board, this Rule is intended to prevail.

GENERAL PROCEDURES

A. General Rule. Pursuant to Section 2-3-1, “General Provisions,” B.R.C. 1981, the Planning Board may hold meetings in-person, electronically, or meetings that permit simultaneous in-person and electronic participation.

B. Electronic and Hybrid Hearings. When hearings are held during electronic meetings or during meetings that permit simultaneous in-person and electronic participation, this rule shall apply. This rule supersedes the Board’s previously adopted Hearing Electronic Participation Rule.

C. Board Member Participation. Individual members of the board may attend meetings electronically only if the electronic participation allows for the public to hear the board member and the board member to hear both the members of the public recognized to speak and other members of the board.

D. Hearings Open to the Public and Subject to Adequate Technology. Hearings under this rule will be open to the public and provide the ability for board members, applicants, staff, and interested members of the public to join the hearing electronically. The electronic method chosen by the city manager will ensure persons participating electronically can view or listen to the hearing in real time and interested parties may speak at designated times during the hearing. If at any point the city manager or board chair determines it is not possible or prudent to hold the hearing noticed to be held electronically or to permit simultaneous in-person and electronic participation, whether due to technical issues or an inability to do so while meeting constitutional and any other due process requirements, the hearing will be continued or vacated, and the matter will be held in abeyance until any technical problems can be resolved or an in-person meeting can be scheduled.

E. Notice Requirements. In addition to the requirements of the Boulder Revised Code, the city will provide additional notice about how the hearing will be conducted and how the public can access, observe, and participate in the hearing. The additional notice is intended to reasonably inform interested persons that such hearing will be held by or allow for electronic participation; provided, however, this additional notice will not be deemed jurisdictional.

F. Technological Accommodations. The city will make reasonable efforts to accommodate interested parties who lack necessary computer equipment or the ability to access such equipment by providing call-in or telephonic access to the meeting. Interested parties will be encouraged to submit written comments by email to the Board secretary at least 24 hours in advance of the hearing, which comments will be made a part of the hearing record.

G. Hearing Procedures. Hearings are for conducting the business of the City of Boulder. Activities that disrupt, delay or otherwise interfere with the meeting are prohibited. At the onset of the hearing, the board chair or staff will describe the hearing procedures, including how testimony and public comment will be received. The department that supports the Board will moderate the electronic meeting. To the extent practical, any person who wants to attend the meeting will be added to the meeting and will be muted. Any person who wants to testify should inform the moderator. The moderator will unmute such person during the public hearing to testify for three minutes.

1. Any documentary evidence must be submitted to the designated secretary of the Board via email at least 24 hours prior to the beginning of the meeting. For an application under Title 9, the secretary will publish the documentary evidence on the Board’s city webpage where the rest of the materials are published. Documentary evidence includes, without limitation, materials related to specific applications and other documents to be shown electronically or be referenced during the hearing. Any documentary evidence requested to be shown electronically by city staff during a person’s speaking time in the public hearing, such as PowerPoint slides or a pdf with images, shall be marked as to be shown during the person’s speaking time, shall be contained in one individual file per speaker, and shall otherwise be in a format that is accepted by the secretary.
2. An applicant under Title 9, “Land Use Code,” B.R.C. 1981, will be allowed to speak to its application for 15 minutes. City staff will be allowed to speak to its recommendations for 10 minutes. The applicant or staff may request additional time from the board chair for more complicated applications. Other persons wishing to testify will be allowed up to three minutes to speak. The board chair may reduce this time if more than fifteen persons sign up to speak. Three or more people can pool time so one speaker can speak for five minutes if all the people pooling time are present in-person in the physical meeting room or present electronically when the speaker is called. The speaker must identify the individuals pooling time by first and last name. The board chair may reduce the five minutes of pooled time if the time for individuals has been reduced. The chair may lengthen or shorten allotted speaking time, as appropriate.
3. The time for speaking or asking questions is limited to facilitate the purpose of the hearing. No person shall speak except when recognized by the person presiding and no person shall speak for longer than the time allotted. Each person shall register to speak at the meeting using that person’s real name. Any person believed to be using a pseudonym will not be permitted to speak at the meeting.
4. For electronic participants, only audio participation will be permitted except for city officials, employees and invited speakers. All other electronic participants will participate by voice only.
5. The person presiding at the meeting shall enforce these rules by muting anyone who violates any rule.
6. Board members, staff, and applicants shall not use chat features of electronic meeting software except for the purpose of asking the board chair or designated staff procedural questions or to request to be recognized by the board chair to speak.
7. Applicants under Title 9, B.R.C. 1981, will be provided the opportunity to speak for up to three minutes prior to the close of the public hearing. The board chair may allow additional time.

8. In order to accurately record board member votes, the board chair will call for a roll call vote on any motions made during the hearing or taking final action.

   H. Record. The secretary of the Board will make every reasonable effort that all equipment used for the hearing is adequate and functional for allowing clear communication among the participants and for creating a record of the hearing as required by law; provided, however, the secretary will not be responsible for resolving any technical difficulties incurred by any person participating in the hearing.

Call to Order

The Board must have a quorum (four members present) before the meeting can be called to order.

Agenda

The Board may rearrange the order of the agenda or delete items for good cause. The Board may not add items requiring public notice.

Public Participation

The public is welcome to address the Board (3 minutes* maximum per speaker) during the Public Participation portion of the meeting regarding any item not scheduled for a public hearing. The only items scheduled for a public hearing are those listed under the category PUBLIC HEARING ITEMS on the Agenda. Any exhibits introduced into the record at this time must be provided in quantities of ten (10) to the Board Secretary for distribution to the Board and admission into the record.

Discussion and Study Session Items

Discussion and study session items do not require motions of approval or recommendation.

Public Hearing Items

A Public Hearing item requires a motion and a vote. The general format for hearing of an action item is as follows:

1. Presentations
   1. Staff presentation (10 minutes maximum*).
   2. Applicant presentation (10-minute maximum*). Any exhibits introduced into the record at this time must be provided in quantities of ten (10) to the Board Secretary for distribution to the Board and admission into the record.
   3. Planning Board questioning of staff or applicant for information only.
2. Public Hearing
   1. Each speaker will be allowed an oral presentation (3 minutes maximum*). All speakers wishing to pool their time must be present, and time allotted will be determined by the Chair. No pooled time presentation will be permitted to exceed ten minutes total.
      1. Time remaining is presented by a Green blinking light that means one minute remains, a Yellow light means 30 seconds remain, and a Red light and beep means time has expired.
      2. Speakers should introduce themselves, giving name and address. If officially representing a group, homeowners' association, etc., please state that for the record as well.
      3. The board requests that, prior to offering testimony, the speaker disclose any financial or business relationship with the applicant, the project, or neighbors. This includes any paid compensation. It would also be helpful if the speaker disclosed any membership or affiliation that would affect their testimony.
      4. Speakers are requested not to repeat items addressed by previous speakers other than to express points of agreement or disagreement. Refrain from reading long documents and summarize comments wherever possible. Long documents may be submitted and will become a part of the official record.
      5. Speakers should address the Land Use Regulation criteria and, if possible, reference the rules that the Board uses to decide a case.
      6. Any exhibits introduced into the record at the hearing must be provided in quantities of ten (10) to the Secretary for distribution to the Board and admission into the record 24 hours prior to the meeting.
      7. Citizens can send a letter to the Planning staff at 1739 Broadway, Boulder, CO 80302, or email the board at boulderplanningboard@bouldercolorado.gov, up to 24 hours prior to the Planning Board meeting, to be included as a part of the record.
      8. Applicants under Title 9, B.R.C. 1981, will be provided the opportunity to speak for up to 3 minutes prior to the close of the public hearing. The board chair may allow additional time.
3. Board Action
   1. Board motion. Motions may take any number of forms. With regard to a specific development proposal, the motion generally is to either approve the project (with or without conditions), to deny it, or to continue the matter to a date certain (generally in order to obtain additional information).
   2. Board discussion. This is undertaken entirely by members of the Board. The applicant, members of the public or city staff participate only if called upon by the Chair.
   3. Board action (the vote). An affirmative vote of at least four members of the Board is required to pass a motion approving any action. If the vote taken results in either a tie, a vote of three to two, or a vote of three to one in favor of approval, the applicant shall be automatically allowed a rehearing upon requesting the same in writing within seven days.

Matters From the Planning Board, Director, and City Attorney

Any Planning Board member, the Planning Director, or the City Attorney may introduce before the Board matters which are not included in the formal agenda.

Adjournment

The Board's goal is that regular meetings adjourn by 10:30 p.m. and that study sessions adjourn by 10:00 p.m. Agenda items will not be commenced after 10:00 p.m. except by majority vote of Board members present.

Virtual Meetings

For Virtual Meeting Guidelines, refer to the Planning Board page for the approved Planning Board's Rules for Virtual Meetings.

*The Chair may lengthen or shorten the time allotted as appropriate. If the allotted time is exceeded, the Chair may request that the speaker conclude his or her comments

Pursuant to Emergency Order 2020-8, the Planning Board may hold quasi-judicial and other public hearings at a meeting through electronic participation, subject to the procedures set forth in this Rule. During an electronic hearing, to the extent practical, the Board will use its standard meeting procedures, as modified by this Rule. To the extent that this Rule conflicts with the procedural rules of the Board, this Rule is intended to prevail.

General Procedures

1. Applicant’s Written Request. An applicant for an application under Title 9, “Land Use Code,” B.R.C. 198 1 , may request to have its application for a hearing conducted via electronic participation by completing a written request form provided by the city. The applicant will acknowledge that holding a quasi-judicial or concept plan hearing by electronic participation presents certain legal risks and involves an area of legal uncertainty, and the applicant will acknowledge that moving forward with a quasi-judicial or concept plan hearing by electronic participation will be at its own risk.
2. City Manager to Determine Suitability of Conducting Hearing by Electronic Participation. These procedures create no right in any party to a quasi-judicial matter or a concept plan to a hearing conducted by electronic participation. Upon receipt of a written request, the city manager will determine whether the city has the capability to hold the particular type of hearing by electronic participation, what available form of electronic participation is most appropriate for the type of hearing and set a date(s) for the hearing(s).
3. Hearings Open to the Public and Subject to Adequate Technology. Hearings will be open to the public and provide the ability for interested members of the public to join the hearing electronically. The method chosen by the city manager will ensure the public can view or listen to the hearing in real time and interested parties may speak at designated times during the hearing. If at any point the city manager or board chair determines it is not possible or prudent to hold the hearing by electronic participation, whether due to technical issues or an inability to do so while meeting constitutional and any other due process requirements, the hearing will be continued or vacated, and the matter will be held in abeyance until any technical problems can be resolved or in-person meetings have resumed.
4. Notice Requirements. In addition to the requirements of the Boulder Revised Code, the city will include additional notice about how the hearing will be conducted and how the public can access, observe, and participate in the hearing. The additional notice is intended to reasonably inform interested persons that such hearing will instead be held by electronic participation; provided, however, this additional notice will not be deemed jurisdictional.
5. Technological Accommodations. The city will make reasonable efforts to accommodate interested parties who lack necessary computer equipment or the ability to access such equipment by providing call-in or telephonic access to the meeting. Interested parties will be encouraged to submit written comments in advance of the hearing, which comments will be made a part of the hearing record.
6. Hearing Procedures. Hearings are for conducting the business of the City of Boulder. Activities that disrupt, delay or otherwise interfere with the meeting are prohibited. At the onset of the hearing, the board chair will describe the hearing procedures, including how testimony and public comment will be received. The department that supports the Board will moderate the electronic meeting. To the extent practical, any person who wants to attend the meeting will be added to the meeting and will be muted. Any person who wants to testify should inform the moderator. The moderator will unmute such person during the public hearing to testify for three minutes.
   1. Any documentary evidence must be submitted to the designated secretary of the Board via email at least 24 hours prior to the beginning of the meeting. For an application under Title 9, the secretary will publish the documentary evidence on the Board’s city webpage where the rest of the materials are published. Documentary evidence includes, without limitation, materials related to specific applications and other documents to be shown electronically or be referenced during the hearing. Any documentary evidence requested to be shown electronically by city staff during a person’s speaking time in the public hearing, such as PowerPoint slides or a pdf with images, shall be marked as to be shown during the person’s speaking time, shall be contained in one individual file per speaker, and shall otherwise be in a format that is accepted by the secretary.
   2. An applicant under Title 9, “Land Use Code,” B.R.C. 1981, will be allowed to speak to its application for 15 minutes. City staff will be allowed to speak to its recommendations for 10 minutes. The applicant or staff may request additional time from the board chair for more complicated applications. Other persons wishing to testify will be allowed up to three minutes to speak. The board chair may reduce this time if more than fifteen persons sign up to speak. For electronic hearings, every person will need to testify for themselves. No pooling of time will be allowed. The chair may lengthen or shorten allotted speaking time, as appropriate.
   3. The time for speaking or asking questions is limited to facilitate the purpose of the hearing. No person shall speak except when recognized by the person presiding and no person shall speak for longer than the time allotted. Each person shall register to speak at the meeting using that person’s real name. Any person believed to be using a pseudonym will not be permitted to speak at the meeting.
   4. Only audio participation will be permitted except for city officials, employees and invited speakers. All others will participate by voice only.
   5. The person presiding at the meeting shall enforce these rules by muting anyone who violates any rule.
   6. Board members, staff, and applicants shall not use chat features of electronic meeting software except for the purpose of asking the board chair procedural questions or to request to be recognized by the board chair to speak.
   7. Applicants under Title 9, B.R.C. 1981, will be provided the opportunity to speak for up to three minutes prior to the close of the public hearing. The board chair may allow additional time.
   8. In order to accurately record board member votes, the board chair will call for a roll call vote on any motions made during the hearing or taking final action
7. Record. The secretary of the Board will make every reasonable effort that all equipment used for the hearing is adequate and functional for allowing clear communication among the participants and for creating a record of the hearing as required by law; provided, however, the secretary will not be responsible for resolving any technical difficulties incurred by any person participating in the hearing

READ, PASSED AND ADOPTED, this _____ day of August 2021.

1. Meetings are for conducting the business of the City of Boulder.
2. Activities that disrupt, delay or otherwise interfere with the meeting are prohibited.
3. The time for speaking or asking questions is limited to facilitate the purpose of the meeting.
   1. No person shall speak except when recognized by the person presiding and no person shall speak for longer than the time allotted.
   2. Each person shall register to speak at the meeting using that person's real name. Any person believed to be using a pseudonym will not be permitted to speak at the meeting.
   3. Any documentary evidence requested to be shown electronically by city staff during a person's speaking time during general participation or a public hearing, such as PowerPoint slides or a pdf with images, shall be emailed to the designated secretary of the board at least 24 hours prior to the beginning of the meeting, shall be contained in one individual file per speaker, and shall otherwise be in a format that is accepted by the secretary.
4. No video will be permitted except for city officials, employees and invited speakers. All others will participate by voice only.
5. The person presiding at the meeting shall enforce the speaking rules by muting anyone who violates any rule.
6. No person shall use the chat, question & answer, or other similar type-communication feature of the virtual meeting technology except to ask procedural questions to or respond to procedural questions raised by staff or the chair.