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2007-02-02 Planning Commission Minutes
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2007-02-02 Planning Commission Minutes
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really not within their area of expertise. He then suggested Commissioners make every attempt <br />to attend all meetings so that an approval, denial or modified motion of the Commission can <br />pass. <br />Commissioner Siracusa pointed out that not all Commissioners know how they will vote ahead <br />of time as she herself has changed her mind many times after hearing the public testimony. She <br />then suggested the Commission request the administration expedite appointments of new <br />Commissioners to avoid quorum problems. <br />Commissioner Rho urged everyone (applicants, Commissioners and the public) not to take him <br />around the world and expressed his concern that the Commission seems to be repeating <br />themselves and being redundant. He noted that the Commission at a recent meeting appeared to <br />be going in one direction, and within 1 ½ hours later in another direction, and in another 1 ½ <br />hours the Commission was back in the original direction. He then suggested, as per the <br />Corporation Counsel, that the Commission go into executive session to seek legal advise from its <br />counsel on what the Commission should focus on or base its decision on. <br />Mr. Torigoe said the Commission may go into executive session when they need to ask for legal <br />advice regarding what may be some of the legal options available and what some of the <br />ramifications are of taking certain actions, not so the Commission can caucus or deliberate off <br />the record. He said it would perhaps be helpful during executive session for the Commission to <br />find out what the legal scope of the Commission’s inquiry ought to be, the things the <br />Commission should be focusing on. <br />As far as the 90 days the Commission spends on rezoning matters, Mr. Torigoe noted the overall <br />intention is for the Commission to have that time to seriously consider and come to a decision. <br />Mr. Torigoe at this time made the following comments/suggestions: If the Commission is unable <br />to come to five affirmative votes one way or another on rezoning or land use boundary <br />amendment applications, the Commission could agree to send the application up to the County <br />Council with a negative recommendation, but specifically noting the fact that the Commission <br />was unable to obtain five affirmative votes one way or the other. The Commission should be <br />mindful to try and really focus on what are the key issues directly under the Commission’s <br />jurisdiction. The Commissioners should make a concerted effort to attend all meetings. The <br />Commission should give due consideration to really giving the administrative people the benefit <br />of the doubt on matters that are within their jurisdiction rather than trying to micro-manage <br />things for them, noting the Commission could insert their concerns in its decision and say they <br />want the administrative people to really pay attention to their particular concerns. As far as a <br />contested case hearing officer’s report, the Commission does need to reserve the right to reopen a <br />hearing as they have the duty to consider modifying it but the Commission can also give the <br />hearing officer due deference in looking at what has gone on the whole record. He then said it <br />was important for the Commission to express their concerns if they feel the Council is doing <br />something that is procedurally questionable and raises problematic issues. <br />ANNOUNCEMENTS The following announcement was made: <br />5 <br /> <br />
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