Agenda - 11-06-2014 - 5c - Laserfiche WebLink

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9 II 1 271 have, I understand that we stand up there and give testimony but if our power is limited to interpreting the UDO and 272 trying make whatever changes proposed fits within the UDO and it either does or it doesn't and staff is far more 273 versed in the UDO than I am. I find their recommendations are pretty bang on. All of what I have to say in a quasi - 274 judicial way is hearsay, right? 275 276 Pete Hallenbeck: The role of the Planning Board is this oversight, are we meeting the requirements of the UDO. 277 Yes, you're right, but that's a level of detail you have to have. I would point out, though, that there's also a document 278 called the Comprehensive Plan. If the UDO is the rules, the left brain, the Comprehensive Plan is the heart and soul, 279 it's the right brain part of it. There are times when we've reviewed things and it's met all of the requirements but then 280 you'll find something in the Comprehensive Plan that's not right and I think it's not power per say but it's a very valid 281 role of the Board is to point this out. An example of that is the Comprehensive Plan encourages that all subdivisions 282 have sidewalks and yet every time we run into it there is no money for sidewalks and DOT doesn't want it. There is a 283 conflict there and we don't have power over that but we can certainly point it out and I think that's also true with 284 representing the areas you're from. 285 286 Tony Blake: Yeah, but I don't find that to be quasi - judicial in essence. You can point it out in a quasi - judicial hearing 287 but it's not some... 288 289 Pete Hallenbeck: Quasi - judicial is such a different beast because people get sworn in and there's testimony. It really 290 changes the game a lot and our role in quasi - judicial is very strict. 291 292 Lisa Stuckey: We're supposed to be the judge in a quasi - judicial, aren't we? 293 294 James Bryan: In quasi judicial, it's the governing board- the deciding body that is the judge. From a legal 295 perspective, for planning boards' involvement, it's dangerous. Especially, how we have it where you close the public 296 hearing and then you have the statements. I think that's right before appeal, for a number of reasons, I don't know if 297 the Board really wants to get into all of that but my recommendation would be that because of all of the legal 298 concerns with all that let one board handle it, the Board of Adjustment, that's all they do and then you also have a 299 corollary to that because when the public goes to these meetings and they want to know, look I'm a neighbor and I'm 300 against this, quasi - judicial they can't say anything. That's objectionable, you're not supposed to allow them to go and 301 speak to that. So if you have one board where they know, oh Board of Adjustment that's when I have to have my 302 expert there to testify and any time you go before the Board of County Commissioners or the Planning Board, that's 303 when I'm allowed to give my opinion because they do policy and legislative matters. It's clear for the public. 304 305 Lisa Stuckey: So, the quasi judicial, and I guess the mix will move out of the Planning Board? 306 307 James Bryan: That would be my recommendation. 308 309 Perdita Holtz: Well, the legislative part of the mix would not but we need to figure out what we want to do for 310 legislative versus quasi - judicial before we tackle that funny beast of the mix. 311 312 Lisa Stuckey: But quasi - judicial is leaving us. 313 314 Bonnie Hammersley: No, as the County Manager I have to speak. The issue tonight is some kind of 315 recommendation from this Board to the County Board of Commissioners, they make the final determination. One 316 thing I would want to add thought as you all talked about your power or your worth, this Board is a highly valued 317 board in county government and is in all the counties I've been in. The County Board of Commissioners depend on 318 you greatly for your recommendations and what you do and so I want you for that but no determination has been 319 made on what is going to happen. That's what this discussion is about. It would be a recommendation to the County 320 Commissioners and whether the Commissioners would agree with that, they would make the final determination and 321 1 don't know what that is. 322 323 Maxecine Mitchell: I'm sitting here thinking I want to share in my own way, when I decided to be on this Planning 324 Board, I came to represent my community. I don't feel comfortable in any decision we make, I have to be there to 6