Agenda - 11-05-2015 - 5-e - Unified Development Ordinance Text Amendment – Public Hearing Process Revisions - Closure of Public Hearing and Action (No Additional Comments Accepted)

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11 59 1 Tony Blake said the word "quasi" means the administrative agencies are not held to the 2 same rules as courts, unless it is spelled out in the statute. He said he does not see this spelled 3 out in the statute, and thus feels there is a lot of room for interpretation. 4 Andrea Rohrbacher said the attendance at the QPH is eroding is part due to some of the 5 late night meetings. She said she does not want the attendance requirements to be so 6 restrictive that turnover becomes a problem on the Planning Board. She said there is a large 7 learning curve on this board, and turnover would increase burdens on the staff that orient 8 Planning Board members. 9 Laura Nicholson said she believed that if the need for a quorum were clearly explained 10 in the beginning, this would help greatly with attendance. She said she supports the increased 11 notification in rural areas. 12 Maxecine Mitchell said the processes are confusing. She said she does not mind 13 coming to the QPH, but she does not want to be the one who holds up a meeting. 14 Pete Hallenbeck said the Planning Board members are encouraged to go to 15 neighborhood meetings. He said clear guidelines are needed regarding ex parte 16 communication, as it pertains to the quasi-judicial process. 17 Commissioner Dorosin said he appreciated all of the comments. He said ex parte 18 communication could be shared. He said that what matters is that the decision is made on 19 evidence heard in the hearing. He said guidelines would be a good idea. 20 Commissioner Rich thanked the Planning Board for their comments. She asked if there 21 are set rules for quasi-judicial processes, or do they change. 22 James Bryan said every Special Use Permit (SUP) will be quasi-judicial, and he said 23 there are pre-set standards. He said the Board is taking standards and applying facts to those 24 standards. He said within quasi-judicial there is more that is known than unknown. 25 Commissioner Rich asked if there is a definition of an expert witness. 26 James Bryan said generally it is some specialized knowledge in a particular field. He 27 said the statute spells out that for land values there must be an appraiser. He said the 28 applicant is represented by an attorney who might say, "this is an incompetent witness". He 29 said if there was a case in criminal court, an expert would be greatly vetted, but in quasi-judicial 30 hearings an expert is not so greatly investigated. 31 Commissioner Jacobs said that the quorum of the Planning Board is only required for a 32 meeting to start. 33 James Bryan disagreed and said a quorum is required for the duration of the meeting. 34 Commissioner Jacobs said he has never heard this information before. He said there 35 should be clarification given to all. He added that if Planning Board attendance is going to be 36 required at the QPH, this should be clearly stated in the Planning Board application, and added 37 to their orientation. 38 Commissioner Jacobs asked if Commissioner Dorosin could clarify his concerns 39 regarding the proposed procedural changes. 40 Commissioner Dorosin said he is in favor of the BOCC voting at the QPH when there is 41 consensus from the Planning Board, and even when there is not consensus. 42 Commissioner Jacobs said he thought Commissioner Dorosin was arguing against that. 43 Commissioner Dorosin said he is trying to avoid the back door option of sending it back 44 to the Planning Board. He said if four Commissioners want to pass it at the QPH, the Board 45 should vote then whether the item is controversial or non-controversial. 46 Commissioner Price said she would like to see a forward moving process and if all are in 47 the same room let the vote move the process onward.