Minutes 05-18-2021 Virtual Business meeting

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9 Commissioner Dorosin left the meeting at 7:48 p.m. Commissioner Hamilton asked for addition to include definition, as a "center" could be anything. Perdita Holtz said the definition is in Article 10. Commissioner Hamilton said the language does not serve well. Perdita Holtz said it came from State language. Commissioner Hamilton said she agrees with Commissioner Bedford, and does not want to change the notice from 15 to 10 days. She said she wants to signal to residents that they have been heard regarding adequate notice. Commissioner Hamilton referred to section 2.712, which discusses giving notice about special permits within reasonable time. She said this is vague, and needs specification. She said the previous 5 days may not have been enough, but she would like more specificity. Commissioner Dorosin rejoined the meeting at 7:51 p.m. James Bryan said this is notice of something that is already done, rather than telling the public something will be done. He said residents go to the Board of Adjustment with special use permits, and have already had notices leading up, then the quasi-judicial hearing, then the Board of Adjustment makes a decision of yes or no. He said usually parties are in the room, and within 5 days, staff will mail a letter about what happened at the hearing. He said this is usually unnecessary because of everyone being in the room. He said the Board's action only takes effect when reduced in writing and signed by the chair. He said this normally did not happen within 5 days because a lot can happen at hearings. He said there has to be a finding of fact, which is dependent on testimony and witnesses, and staff often has to wait for minutes before sending the notice. He said that document starts clock for appealing the decision with Superior Court. He said 5 days is a quick turnover and it confuses some people who think 30 days starts from vote or notice, but is actually from the date the ordinance is signed by the chair. He said the Board of Adjustment makes Quasi-judicial decisions, and the current chair agrees this is confusing for the public, and wanted to streamline it. Commissioner Hamilton said she can understand that 5 days is not enough time, with all of the steps that need to be taken, but finds the wording "reasonable time" adds more confusion. She said there should be some timeline so people do not argue about defining reasonableness. James Bryan said it is required by statute that the Board of Adjustment has to do it and the Board chair has to sign it. He said some meetings span over several nights or several months, while others are very simple. Commissioner Hamilton clarified that the letter is sent after the decision is made, so it seems there could be a timeframe since everything has been done up to that point. Chair Price said if the issue is the word "reasonable", it is part of general legalese and asked an attorney on the call to comment about that. Commissioner Dorosin said he thinks "reasonable" is ambiguous. He suggested removing the option for a copy of the decision to be provided before it becomes effective. He said if clock only starts running after the decision is effective, then he would go with 10 days instead of 5. Chair Price asked if the term "reasonable" is from the state statute. Commissioner Dorosin exited the meeting at 7:59 p.m.