March 3, 2011

Page 1

the

Sopris Carbondale’s

weekly, non-profit newspaper

Sun

Volume 3, Number 3 | March 3, 2011

Now that’s entertainment

During KDNK’s fundraising “C-Town” membership drive event at Steve’s Guitars on Feb. 25, Kat Rich p-u-r-r-formed a solo act that obviously had a kitty-cat theme. Decked out in a leopard blouse and lion-like wig, her character’s name was “Cougar Kitty.” KDNK’s membership drive continues through March 8. Photo by Jane Bachrach

Village developer calls for Merriott’s recusal By Terray Sylvester Sopris Sun Staff Writer

O

ne battle involving the proposed Village at Crystal River development was settled at the Carbondale Town Trustees’ meeting this week, but it was immediately replaced by what may prove to be yet another skirmish over the contentious application. Responding to allegations that he has a conflict of interest concerning the Village, Trustee John Foulkrod recused himself from future deliberations on the 24-acre mixed-use project on Highway 133. But just after he ex-

ited the hearing room at town hall, which was packed with members of the public, a lawyer for the developer told the trustees his client would like Trustee Frosty Merriott to recuse himself from future hearings as well. Speaking for the partners in the project, none of whom attended Tuesday’s meeting, Eric Gross of the Carbondale firm Whitsitt and Gross asserted Merriott has not disclosed significant“ex parte”communications on the development, which have allegedly occurred on a weekly radio show that takes place after the trustees’ meetings. “This is completely unacceptable. It’s completely in violation of the quasi-judicial

process,” Gross said during the hearing. “We believe there has been a serious breach in the due process rights of the applicant.” An “ex parte” contact is not the same as a conflict of interest, said Town Attorney Mark Hamilton. But it is another difficulty that can arise when trustees function in a quasi-judicial role while they consider a land use application. Ex parte contact can occur when a trustee discusses a pending application with a member of the public, according to a memo provided by Hamilton. Such a conversation denies due process rights to the applicants and to any opponents of the application because

they cannot be present to hear, and potentially rebut, information given to the trustee. It’s not uncommon for a town resident to attempt to discuss a pending land-use application with a trustee. When such conversations occur, trustees are instructed to disclose them to the rest of the board. In extreme cases, when the ex parte contact is complex or lengthy, a trustee may be recused to ensure he or she does not reach a decision on an issue based on information that isn’t available to the other trustees, the public or the applicant. Gross pointed to Merriott’s appearances on the Town Trustees’ Report, which airs at TOWN COUNCIL page 3

Sun seeks input

Rams advance

Fashion show preview

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March 3, 2011 by The Sopris Sun - Issuu