Board of Zoning Appeals

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[0:17] Call the meeting of board of zoning appeal to order. For the record, we have a five member of the board of zoning appeal, our present, which is constituted corns.
[0:27] First item of business, the election of the chair and the vice chair and the definition of the secretary and the parliamentary for the 2024 term of the board of zoning appeal.
[0:41] I see that resolution I've been included in the meeting materials and I'm going to call
[0:46] up on Deputy Town attorney to provide short explanation of how the nomination resolution
[0:52] will proceed.
[0:55] Good evening.
[0:56] Thank you chair Kim and good to see all the members of the board this evening.
[1:05] The presentation of the nominations that's going to look just a little bit different this year.
[1:15] In coordination with the town clerk, there is a resolution that has been proposed with the staff report.
[1:22] The idea is you will go through the nomination process for chair and then vice chair and elect those officers.
[1:30] And the designation of the Secretary in the parliamentarian, our new, what we're just asking, again, and we've done this across the other boards and the Commission, is just to get on record that the bylaws do call that the zoning administrator is the designated staff for the board, I believe that's also in the town code.
[1:57] So, we're just putting on record and as that, they play the role of a secretary.
[2:07] And the nomination just calls for the zoning administrator or their designate to be secretary.
[2:13] And what the designate is, is the zoning administrator will appoint and designate the colon and era.
[2:23] because that's their formal role as clerk of boards and commissions.
[2:28] The parliamentarian role has always traditionally been the town attorney, and again,
[2:35] that's all that that is stating is you're just designating the town attorney or their
[2:38] designationee, and which I would be a designationee, as a deputy town attorney for this board.
[2:45] And so if you go through the actual election of the chair in the vice chair,
[2:50] the designation of the Secretary and the Parliamentarian, and then it's all put together in the final resolution
[2:58] that's adapted with the names of the new President or Chair and Vice Chair kind of filled in the draft resolution you have.
[3:08] So I know it's more steps and it was just something that was presented to do this year.
[3:16] So, if there are any questions,
[3:24] so we'll do an election for chair, an election for a vice chair, and then do we need to do a separate motion to adopt the resolution with those two people and
[3:35] Yes, three of them for four. Okay.
[3:37] Okay. So just to kind of give you a heads up that the procedures is a little different.
[3:41] Okay.
[3:42] Okay.
[3:43] I thank you for the explanation. Okay first, I would like to make a motion to nominate
[3:52] mispares to the chair of the board of zoning appeal. Can I have second? Second? So we have
[4:01] motion, second is, and you discussion on the motion?
[4:10] I mean, does mispares
[4:11] accept the nomination.
[4:17] I'll accept the nomination. And yet a discussion.
[4:23] Call to the vote.
[4:26] Can we have the call? Miss Fry. Hi. Mr. Munt. Hi. Mr. Porter. Hi. Vice Chair Pierce. I.
[4:37] And Chairman Kim.
[4:41] So the vote carries unanimously five zero.
[4:46] Now is there a motion to nominate the Vice Chair for the Board of Zoning Appeal?
[4:56] Mr. Chairman, I'd like to nominate Steve.
[5:00] Order is the vice chair. So, the nominations may be made second, second, aye. Okay. And any discussion on the nomination?
[5:13] Okay, we have the call for the vote.
[5:17] Ms. Fry. Aye. Mr. Mont. Aye. Mr. Porter.
[5:22] have stained.
[5:27] Vice chair appears. Aye. And chair Kim. Aye. So the vote carries four in
[5:36] favor and one is there.
[5:42] Is there a motion to designate the zoning administrator
[5:45] or there doesn't need as the secretary for the board of zoning appeal? So moved.
[5:54] Okay, we had motion and second it any discussion on the motion?
[5:59] No, okay, we have a call on the vote.
[6:02] Ms. Fry?
[6:03] Aye.
[6:04] Mr. Munt?
[6:05] Aye.
[6:06] Mr. Porter?
[6:08] Vice Chair Pierce?
[6:10] Aye.
[6:11] Chair Kim?
[6:12] Aye.
[6:13] The vote carries five-zero.
[6:16] Now, is there a motion to designate the town attorney or the designate as a parliamentarian
[6:22] for the board of zoning appeal?
[6:26] So, move.
[6:28] Second.
[6:31] Any discussion on the motion?
[6:34] None.
[6:34] Can we have a call to vote?
[6:37] Ms. Fry.
[6:38] Hi.
[6:39] Mr. Munt.
[6:40] Aye.
[6:40] Mr. Porter.
[6:41] Aye.
[6:42] Vice chair of yours.
[6:43] Aye.
[6:43] The chair of Kim.
[6:46] Aye.
[6:46] The carries.
[6:48] Uh, vote carries.
[6:49] Five-zero.
[6:52] Is there motion to adopt the draft resolution dated January 25th, 2020, for with, um,
[7:02] mispares elective chair and misdevice.
[7:07] Mr. Porter.
[7:08] Mr. Porter.
[7:09] Uh, I like there's a vice chair.
[7:11] It's only a administration and there doesn't need as a secretary and the town attorney and there
[7:15] Doesn't need to move, can we have seconds?
[7:20] Second, and it discussion on the motion.
[7:24] None, call for the vote.
[7:28] Miss Fry.
[7:30] Mr. Monti.
[7:31] Aye.
[7:31] Mr. Porter.
[7:33] Vice Chair Pierce.
[7:35] Aye.
[7:35] And Chair Kim.
[7:37] Aye.
[7:38] The vote carries 0, 5, 0.
[7:41] And next item on the business is approved with a minute
[7:45] for the December 21st, 2023, the board was earning a pill.
[7:50] Can we have motion on that?
[7:56] So, what's the second?
[7:58] Second, second, the discussion on the motion.
[8:03] I'm sorry, I missed two seconds.
[8:05] I did.
[8:06] Thank you.
[8:10] Okay, saying not call on the vote.
[8:15] Ms. Fry?
[8:16] Aye.
[8:16] Mr. Month?
[8:17] Aye.
[8:18] Mr. Porter?
[8:18] have stayed. Vice chair appears. Aye. And chair Kim. Aye.
[8:26] Vote carries four in favor and one is staying. Next we move the common portion of the agenda.
[8:36] Mr. Kim. Yes. One thing I wanted to point out that we didn't necessarily come for.
[8:41] Um, that, um, Ms. Pierce has been elected, chair now.
[8:47] So it's like she runs the meeting.
[8:49] I did, she, I, you technically, yes.
[8:53] But, um, what I don't know is, um, do you have a copy of the script?
[8:57] Yep, I can hand it over to you.
[9:00] That's a troll by fire.
[9:02] Oh, okay.
[9:07] Okay, so I think we've moved to the, uh,
[9:09] comments section. Okay, of the meeting. To begin with, are there any comments from any board members this evening?
[9:19] I'm not sure exactly where this fits in the script, but a couple of things that occurred to me.
[9:26] And one is after going down to the course at Virginia BCU down there. There were a lot of things that were brought up and a lot of great discussions.
[9:36] and one of them is that a strong business practice across the state is that they will take
[9:45] a member of the Board of Zoning Appeals and they will put that or make sure that there's a member
[9:51] of the Board of Zoning Appeals on the Planning Commission because it does the cross-fertilization
[9:56] and helps the Board of the Zoning Appeals understand.
[10:00] And what's going on, as well as the planning commission when they're making decisions about zoning and other things, which is what our responsibility is so that we can avoid conflicts.
[10:11] That's one, and I think it's something that we ought to look into.
[10:15] The other one is that when you look at the workload currently, between the planning commission, the historic preservation review board, I think that's what it's called.
[10:26] Well, I can't keep up with the acronyms, but, and then us, you could make the case that
[10:35] cups and sups, conditional and special use permits are permitted by Virginia code and law
[10:43] to be delegated to the board of zoning appeals, and it would help balance out some of the
[10:50] workload so that, you know, we were meeting on a more regular basis helping handle things for
[10:56] the town because we're all getting paid each month. Yeah, I mean, so it was both of those
[11:03] things are things I think that we as a board ought to consider and make a recommendation to the
[11:10] town that says, hey, there is more that we can do. So I don't know what the new chair woman, thanks.
[11:16] Or on that point I have a question, who currently here's conditional use permit applications and special use permit applications.
[11:26] Currently those are heard by the planning commission. They make a recommendation to the town council and then they ultimately vote on that.
[11:35] To make any changes would require a change to the zoning ordinance.
[11:40] So you'd have to do a zoning ordinance tax demandment
[11:44] that the planning commission and town council would review.
[11:48] So it would be a policy change.
[11:51] I think what we could do is,
[11:55] since we won't be adopting the bylaws tonight
[11:59] and we do have to come back for another meeting,
[12:02] I could work on a memo for the board
[12:05] that kind of outliers what our ordinances currently say,
[12:09] what would have to change both to get,
[12:13] have crossover between a BZA member and a planning commission member,
[12:19] because right now, the zoning ordinance
[12:21] wouldn't allow that, and members are,
[12:24] for both the planning commission and the BZA are appointed
[12:26] by the town council.
[12:27] So we can run through kind of all of those procedural steps
[12:31] that would need to take place within the town attorney,
[12:36] provide that to you at the next meeting when we're going to discuss the bylaws and then the board can discuss it with all that information and come up with some sort of recommendation if you want to send a recommendation to the town council.
[12:52] I think our good, I think our current Bala prevents us from holding any other position.
[13:03] It's the zoning ordinance that actually prevents that.
[13:07] But that's a herndon zone or it's correct.
[13:10] It is not a state ordinance.
[13:12] I don't think there is.
[13:14] Because they wouldn't have presented it in the end.
[13:16] We think it was permissible by law and by ordinance through the state and through
[13:22] the state legislature. And one of the kind of unique ways with the BZA in herndon is that
[13:31] the council actually appoints the BZA members and most localities, it's the circuit court,
[13:36] who appoints the BZA members. I don't know if that actually matters for this, but we're
[13:43] more, you know, anything about the person. Right, I don't know what that makes any difference. And
[13:49] I do know that there's a provision in the town code about BZA not serving on another board,
[13:55] but I do not know if it is in the state code, but that's something that we could, you know,
[14:01] right.
[14:01] That's the only place I could find it was in the actual bylaws.
[14:04] And so I went back and said, well, then it's a bylaws change that reflects how we actually do business.
[14:10] But that's why I kind of wanted to come up and talk to you before we got out in public.
[14:15] So that we'd have a chance to look at that.
[14:17] next maybe this one. So if it's a zoning ordinance, then it would even if we changed the
[14:28] bylaws of the BGA, that wouldn't matter. So that the crowds will have to have to change the
[14:37] ordinance. The one thing that I'm not sure that we would double check and know before the next
[14:43] I mean, if there's anything in the town charter about that because that's the case, when we're kind of stuck, if not, then there's a little bit more flexibility to change the ordinance.
[14:54] If.
[14:55] Just a question for clarification as you put that together, would you include sort of.
[15:00] The count of how often like special exceptions actually come up over the last. I mean, I have a ten most count
[15:08] town council meetings and it's there haven't been a lot of special exceptions over the last. We have the numbers for how many we have each year.
[15:17] Okay. That's easy enough to provide. So I have a question. So zoning ordinance does prevent us from holding to position.
[15:30] Right.
[15:31] Okay.
[15:32] So, but you're saying that it's not, but it's not the state, but that's why it's all right.
[15:40] So, so then it takes the action of the council to change that ordinance.
[15:44] Correct.
[15:46] So, even if this board recommend, I guess we can recommend.
[15:50] Right.
[15:51] Right.
[15:56] because if that's the case, then the legislature has to approve a change to the charter, which is a ugly process and has its own risk of opening the charter.
[16:10] So.
[16:10] Anything else on this topic?
[16:12] It is one more thing.
[16:13] And the problem with opening up the charter is once you open up the charter at the state, everything of the charter is open.
[16:21] And there is great angst in the town to do in that because there's a lot of things that we do that others don't do,
[16:27] that is based in our charter currently,
[16:29] that they would have to change to meet for at the state law.
[16:35] Okay, any other comments?
[16:38] Okay, any comments from staff tonight?
[16:43] No chairwoman, please, no comments from staff.
[16:48] Okay, normally we would have comments from citizens
[16:50] at this point, but seeing no one in the crowd,
[16:52] I think we'll keep moving.
[16:58] Okay, what is on our agenda for new business tonight?
[17:06] Okay, so our only item is tonight is the discussion and on the amendment and restating of the bylaws for the BCA.
[17:17] And so I guess we'll move to a staff report.
[17:20] Thank you, Madam Chair.
[17:23] So this is a project.
[17:25] The amendment and restatement of bylaws has, this is a project that staff has been working on for quite some time behind the scenes.
[17:32] Our office, the town attorney's office in conjunction with the town clerk and the clerk of the boards and commissions have been reviewing the bylaws.
[17:43] The idea initially was to see where we can create more consistency amongst the boards and the commission.
[17:54] There's also been slight change in terminology as to more so for the other boards and
[18:04] commission than this board with how we, there's work sessions in regular meetings rather
[18:11] than work sessions in public hearings.
[18:13] The public hearing is just a portion of the regular meeting.
[18:17] And when we started to look at all the various boards and commissions, we realized that there was, there is a reason for differences mainly because either the state code provides something specific for that border commission or our own ordinance had dictated it as such.
[18:42] And one of the other things that we are, and you're going to see a slight change in how the items look, when they come, when they come to you, we have recently started using a new software program called Civic Plus.
[19:00] It's right now, it's really a behind-the-scenes program that allows staff to put together the agendas.
[19:08] So it's a specific software package. It has templates. It has internally, we get emails about one to review something.
[19:19] And with that, we wanted to also have some consistency with the agendas, because again, we're dealing with the template in the software.
[19:28] So that prompted also for us to be looking, be looking at the bylaws.
[19:38] The one matter that I highlighted in the forefront was an attendance policy.
[19:47] There was discussion at the town council about adapting an attendance policy for council members.
[19:54] This has been discussed, I believe, at the January, um, was-
[20:00] It's been a couple months that they've been discussing perhaps making an amendment to the code of ethics, which is section 2-5, or possibly even adopting another section of the town code to deal with attendance.
[20:16] So, the idea was that the boards and commissions would be looking at adapting a similar provision in their bylaws to what the town council is considering.
[20:26] Part of the reason why would suggest we not adopt these changes is because, like I said, the town council hasn't made a final decision yet.
[20:35] That could be this month, it could be next month.
[20:38] And the other thing that has happened is as we have discussed the changes, but the different
[20:44] boards in the commission, questions have come up, suggestions, so what we're trying
[20:50] to do is compile all the comments from the various boards and commissions, see what we have,
[20:56] see if there's a way again to try to be uniform or maybe we, again, maybe we can't on those issues,
[21:03] and then also wait to see what the town council does to incorporate all of that.
[21:09] The language on attendance is an article one at the Bialos, the draft Bialos.
[21:15] There has always been a removal provision in the Bialos,
[21:19] and it's specifically in accordance with a town code section 78, 150.3,
[21:26] where the code of ordinances state that any BCA member may be removed
[21:32] by town council for malfeasance, misfeasants, or non-feasants in office.
[21:38] So that has always been in the bylaws, but the new provision, again, as proposed right now,
[21:44] states that notwithstanding the following provision, which I had just read.
[21:50] A member of the BCA may be removed from office by town council without limitation.
[21:54] If the member is absent from many three consecutive meetings of the BCA, or is absent from
[22:01] four meetings of the BCA within any 12-month period beginning upon the BCA members of
[22:07] assumption and office. That exact language appears in our town code and in the state code
[22:16] but as it applies only to planning commission members right now. So what we did is we took that
[22:24] that the planning commission is subjected to already suggested it be adopted by the other boards.
[22:33] And so that's exactly where the language comes from.
[22:38] The town council language, again, nothing has been decided.
[22:42] They talked about needing to be four consecutive meetings or 25% of the meetings before anything kicks in.
[22:52] And from the town council's perspective, what they're looking at is a
[22:56] sensor that if a member is, and there's talk about adding, if
[23:01] are absent, and it's not for good cause or it's not excused, then the
[23:09] sensor could happen. So again, there's, there's so working out the
[23:15] specifics. So again, we're suggesting that this board. Again, put off actually voting on the adoption. Again, I think some of the other changes I had highlighted some.
[23:34] Let's see.
[23:39] Before we move on to that, if we could just discuss that a little bit so that
[23:46] you and Mr. Stromberg have more information. I mean, I understand what the town council is
[23:53] trying to do and, you know, I hate to say, but I understand the background behind it too. But,
[23:59] you know, when you use words like three consecutive meetings, okay? So how do you then, in this, in this board, where we have quite a few meetings that we end up canceling because there's no work,
[24:13] or those considered present meetings, or those considered not. In other words, if I miss one meeting and then the next two, because we don't meet, is that, you know, how is the, is there going to be a policy letter behind it?
[24:26] The other piece behind, not just the three, but if you have a good excuse, is it counted as an
[24:35] absence. So, you know, all of a sudden, I hate to say it, but at my age, I could end up in a hospital,
[24:40] as has happened in the past. I think that's probably a valid reason, but I'm happy to come in a robe.
[24:47] You may not want that, but yeah, so I'm just trying to think down the road about the language and the
[24:53] it is without a policy or some explanation. I'm not saying right all that in the
[24:57] bylaws, but there's got to be a...
[25:00] Bigger explanation about what that means and how that's implemented, so in my opinion.
[25:07] And I think Board Member Munt, there was no staff was not expecting that there'd be another policy document behind the bylaws, but certainly I understand your point.
[25:25] And right, consecutive meetings, I guess that could be for interpretation, I would say if you're not meeting because you don't have business, that doesn't count. Obviously no one is going to be there.
[25:40] And that it would be three called meetings that you would be absent from.
[25:46] So again, the intent wasn't have to have further policy, but, and that's part of what I think
[25:53] town council is working through as well. And you're welcome to watch the last few meetings
[26:00] and you can get a feel for more of the discussion. But again, I think that's the reason why good
[26:07] cause it has been added in the council.
[26:11] That's before we let's like a bug down on this particular point. Do you want to finish
[26:15] do you have more in your general presentation that may be in come back to specific points
[26:18] and we can ask some more questions? Sure, I mean really quick article 4 has been changed.
[26:26] There has how a meeting, if a meeting is canceled, how it will be called this is now going to be
[26:33] consistent with which is what is in section 2-1 of the town code as to matters for council
[26:43] The other matter, and I'm going to bring it up because Mr. Porter had brought up a very good point and I believe we emailed his comments to you, the order of, I guess, how a matter is discussed before this board.
[27:02] That did change, the current bylaws do allow for discussion of the matter before a motion is actually before the board.
[27:16] And that was suggested to change so that it would say that you put the motion on the table before and then have discussion on the matter.
[27:26] What we have found again, there was a difference between the boards and commissions, so we had suggested the change by putting the motion first, which is also consistent with the town council.
[27:40] So, but Mr. Porter brought up some some points, and again, if you're willing, if you're wanting to have a discussion about that, again, typically there's no discussion until a motion has been put on the table.
[27:55] So I think those were kind of the highlights, I don't know, we provided you with the red line copy, I know it's still kind of messy because we've moved things around and things like that, but certainly if you have any specific questions, you know, please let me know where we can discuss the other matters.
[28:14] Some is similar. At this juncture, you've gone through your presentation. What is your vision for the outcome of this evening?
[28:22] What do you want from us this evening and when we leave tonight, what will be a successful meeting from your standpoint?
[28:29] So I think, you know, again, if there are concerns, like we're just voiced about the attendance.
[28:37] If there are some concerns about the ordering, again, the motion on the table versus not, I guess I'd like to have maybe a list of things that you are concerned about.
[28:51] If you have suggestions, you know, let me know, or if you want staff to come back with some proposed changes.
[29:00] Okay.
[29:03] Was there a further comment on the attendance policy? Yes, good.
[29:12] Just real briefly, should the town council pursue a percentage-based type thing?
[29:19] I think there would have to be some exception for this body, because we met what?
[29:27] 4 times, 3 times last year. So, you know, saying that you can't miss more than, you know, 25% of the meetings, some years for us could literally mean if you miss one meeting you're kicked out.
[29:41] So, I think that would, if they choose to go down that path, I think we would have to be careful of how it applies to this board just because of the unusual dynamic of how our meetings are held.
[29:52] like the Council or even the Planning Commission, you know, Planning Commission has what two meetings a month.
[30:00] And those are fairly regularly held. The council, of course, has four meetings plus retreats and stuff.
[30:08] So, I mean, this board meets by far the least frequently of any even if we're meeting on schedule.
[30:15] So, that I think that would be a concern. Anything else on that on that point?
[30:23] I'm all, I might, anything else on that, particular point.
[30:29] Okay, why don't we move to order of the public hearing?
[30:33] Components, you wanna start?
[30:35] Yeah, I guess one thing I've noticed,
[30:37] and this is where it's a little differently.
[30:39] First of all, obviously Robertson thinks it does allow
[30:42] for specific bylaws to override the general practice
[30:48] and also a small board rules,
[30:50] which we haven't formally adopted and must be suggesting we should do allow for that as well.
[30:57] But where I found it's sort of different is in most cases, there is a motion that's coming up.
[31:03] You know, it's issue X has a motion that's being brought up by the council, whatever.
[31:11] In our cases, there's usually three different possible motions and at least on a few occasions,
[31:18] Because I think there's been some confusion or some wishes among the members of this thing
[31:22] that maybe we had discussed a little bit more which motion to bring forward.
[31:28] And so that's why I think it might be useful.
[31:30] And then also one part that just has sort of been confusing to me over the year is, you
[31:37] know, what do we do?
[31:37] We bring up a motion to deny.
[31:40] If that motion should fail, it doesn't mean that the variance is granted.
[31:47] It means we now have to bring up either a motion to approve or a motion to approve with conditions.
[31:54] And so it just gets sort of awkward whereas if we have at least a little back and forth prior to that,
[32:00] we can sort of get a feeling for which general path we're trying to go in and then bring that motion,
[32:08] discuss that motion, vote on that motion. Not a guarantee that we won't have to have multiple motions
[32:13] because it could fail with special conditions or things like that as well, but that was my concern
[32:19] and thoughts around it.
[32:24] My concern, I agree with what Vice Chair Porter had suggested and I
[32:31] think we have this example in mind, had there been discussion for me, it's not even so much about
[32:37] like which direction we're all looking to go in, but just even through the learning process,
[32:42] right of being new to this and most of us being new to this in the last year had there been
[32:50] discussion there's one case in my mind that sticks out among the rest that had there been
[32:57] discussion before the motion my mind would have been changed because from other people who've been
[33:06] here longer that you know you have the expertise and the practice and seeing different cases
[33:12] and similar cases that, anyway, the discussion would have changed my position on it, and I wish
[33:20] I do wish we had had it before the motion was brought forth. So yeah, I think the the movement
[33:28] of the order, as we're allowed to, I think I would prefer to have it discussion before the motion.
[33:39] I think if that is allowed, it might be helpful as well.
[33:52] I think people get confused on the motion to make and then forget what the motion is.
[34:00] So I think we have the discussion, then I have the motion and vote.
[34:04] I think that might be more streamlined process.
[34:13] I agree with Vice Chairman Porter and in part of it is, and I'm only going back to the training
[34:19] I've had because we went so, so a few times, you know, there's not a, we don't have the
[34:25] opportunity that I know of to go to close session where we can just have a private discussion.
[34:31] And so that discussion is invaluable because as we were reviewing cases, as small groups
[34:37] which is basically the same as the commission,
[34:40] what you would find is a complete misunderstanding
[34:42] between different people of what the issue was
[34:45] and where we're voting on emotions,
[34:47] where we're voting on law, what we're voting on,
[34:50] and that's, I think that's an important element
[34:53] of what we're doing, and to learn from people
[34:56] who've been doing this for a while, is helpful.
[34:59] Thanks for watching, and I'll see you in the next video, and I'll see you in the next video, and I'll see you in the next video.
[35:00] So I agree. So yeah. So it sounds like there was a consensus or a unanimous, I'm going to make it unanimous. I want to definitely put it out there. I strongly favor this. I think not only is it helpful to the board members. I think it's particularly jarring to applicants and
[35:20] And town resident who have come to participate in the process when we hear a presentation,
[35:27] and it almost appears as if we're given it no consideration and we go straight to motion.
[35:32] I think it would be helpful to everybody involved, and it doesn't have to be a rousing argument
[35:36] up here, but it can be a true comments on an indication of which way you might vote, why
[35:44] you might vote that way, which factors were important to you, and I think it explains the process
[35:48] for everybody better.
[35:50] So that's where my weight behind that one as well.
[35:52] Okay, I think last month would have been an example.
[35:54] We were all kind of like, yeah, this one's easy.
[35:56] Right.
[35:56] There are others that are going to be so ready and haven't been easy.
[36:00] So yeah, no, definitely a proof in favor of moving that.
[36:05] Okay, so that's two issues.
[36:07] Does anyone have any comments on anything else
[36:09] that stuck out that concerned them in the Bible revisions
[36:15] or they liked?
[36:17] They didn't like, yes, no, oh, you're sorry, okay, I just, I think we've got at least make it
[36:23] known that as we go forward and review the code, that that would cause the bylaws to be changed
[36:30] where it says you can that hold another office. Okay, so.
[36:40] Okay. Yes, I'm sorry. Oh, I just wanted to say,
[36:45] Overall, I am very supportive of most of these changes and just wanted to express my appreciation for all of the time and effort that staff has put into making these changes and reviewing it, so I wanted that on my record as well.
[37:04] Second. I have a question about Article 6. It really relates to participants not on the board,
[37:17] so members of the public who come forward to them. I'm curious in particular about the proper decorum provision.
[37:27] I guess my question is how is that enforced and is that going to be the written standard for all boards and the town council and what kind of problem would prompted this?
[37:44] Right. So again, you're talking about article six, the under I guess it's actually subsection B proper decorum.
[37:53] Yes, there is a statement that the that the mayor makes before every every meeting in which there I think it's even the work session
[38:04] But I think more so for sure the regular meetings and the idea was that the language that we have added in here again
[38:13] It mirrors what instruction has been given for town council meetings
[38:19] So, nothing necessarily specific, again, this was just an attempt to keep things similar and I'm trying to remember there was, there was a small section before if you look at old article 5, it just simply said,
[38:44] conduct of members of the board of,
[38:47] oh no, that's the board members, sorry.
[38:50] I'm trying to find there was another section
[38:53] about people appearing before the board.
[38:56] This is right above
[39:03] the board.
[39:04] That's exactly it.
[39:06] So yeah, if you look at the red line version on page seven,
[39:10] same article article six,
[39:12] there's subsection A public comment
[39:14] and then that crossed the strike through language right above B
[39:18] Well, it says comments should be addressed to the item before the BZA,
[39:21] if a comment is irrelevant in flammatory or prejudicial,
[39:25] the chair mainstruck members to disregard the comment,
[39:28] which nevertheless remains on the public record.
[39:32] So again, it's just a more general statement about proper decorum.
[39:42] But the question that I heard that you're, say, was how do it was enforced?
[39:50] It would be by the chair.
[39:53] The chair has the authority to, again, if the chair feels an individual is not respectful.
[40:01] You know, making improper comments, then it's up to the chair to speak. I mean, I guess a member up here could say something, but it is, as, as the, as the chair, it really does fall in there.
[40:17] I think I was going to the next step, but the chair looks at somebody and says, hey, you know, we need to get ourselves back in proper decor and we need to, you know, respect each other.
[40:27] we're not talking at each other, we're having a discussion,
[40:30] however the chair would handle it would be totally appropriate,
[40:32] but if the individual continues to go on,
[40:36] is that where the chair calls an end of the meeting
[40:39] and we get up and walk out?
[40:40] Is that where there's a police officer in the back room
[40:43] because the town council has a police officer
[40:46] at every town council meeting?
[40:47] Yes, and we usually do not.
[40:50] Right, I mean, let's hope it doesn't get to that.
[40:52] I'm hoping it never does, I'm just playing it out.
[40:57] Okay. Any other particular sections anybody wants to discuss?
[41:02] I had one other one, which was Article 7.
[41:08] What would be the new subsections see on a necessary vote?
[41:12] The last sentence. A favorable vote of at least three members of the BZH.
[41:16] I'll be necessary to reverse the determination of the design administrator on appeal.
[41:21] Is that new?
[41:24] No, and if we have just a quorum of three on that particular evening, then it's going to be a unanimous vote.
[41:31] Madam Chair, that's actually a requirement of the state code.
[41:35] Okay.
[41:36] When it comes to board of zoning issues, it also, I haven't checked whether our bylaws have it.
[41:43] But the state code also has a catch in there that if it's less than a quorum present and it looks like the vote could go either way.
[41:51] the entire board was present. This board can actually move to a stand-in issue to the next meeting.
[41:58] Right, so. Okay. If I could just quickly add to that typically, if we know in advance
[42:06] that one or two members won't be there, we will reach out to the applicant and say,
[42:11] you have the right to, you know, request that your case be deferred or continued to the following month
[42:18] because we know that there will be one or two members, not present.
[42:24] Anything else from anybody?
[42:27] Okay.
[42:27] Do you have enough that you, what you need from us for tonight?
[42:31] I do.
[42:32] Thank you very much.
[42:34] So, again, I don't know when we will be back.
[42:37] I guess depending on whether there's applications or, again, once we're ready to move this forward with the others,
[42:46] then we'll call another regular meeting in order to discuss this.
[42:50] and again the bylaws require that we send you the changes at least 30 days prior to the meeting.
[42:57] The other boards actually have to discuss it at two meetings, but I think someone realized that
[43:02] this board doesn't meet as often and changed that provision for for that reason.
[43:07] So, okay. Thank you. Okay. Anything else before we adjourn?
[43:13] Okay. I will entertain a motion to adjourn.
[43:17] Madam Chair, I make motion to adjourn.
[43:20] Second. Second. Okay, there's no objection. B.C.A. will now adjourn at 7.43. Oh, this is exciting.