2005-07-15 GOLDING - Laserfiche WebLink

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because then now its about enforcement and that the Planning Department has to be on top of watching what does go on and I dont think we want to dedicate our resources in that way. So the better that we tie it up as Commissioner Graham had mentioned earlier the more at ease the Commission would feel about the project. And I think working together with you folks we can come to agreement about what the uses will be and then wed be assured that it would be in line- the uses would be in line into the future along what the community is asking for and what is applicable or- yeah applicable for the area in terms of use. SPRINGER:Thank you Commissioner Salavea. And if I understood the Director correctly he suggested that there may be some commercial activity that could occur in Building M and thats where our discussion is up to this point. I need to do a time check and some housekeeping for the Planning Commissioners. Its now 10 to 12; we have 3 members of the public who have signed up to give testimony on this matter. Im not sure that the discussion has been full and is complete. I need to leave at 12 oclock or very shortly thereafter. Mr. Torigoe hasconsultedwiththerulesandRobertsRulesofOrderandMr.Torigoecouldyouperhapsjust give us a description of what our alternative may be at this time? TORIGOE:Thank you Madame Chair. First of all again this is a technically a contested case although there is no formal contested case. Its technically a contested case because it is a final decision that you will be making and that can be appealed to court. Under contested case Rule 4-5, the presiding officer is the Chairperson of the Commission, one of its members or a hearing officer duly appointed and designated. The rules dont seem to say how you appoint one of the members. That being the case we would default to Roberts Rules which states, provides for an appointed Chairman pro tem if the President vacates the Chair during a meeting and no Vice-President is available he can or she can subject to the approval of the assembly appoint a temporary chairman who is called a Chairman Pro tempore. So you know that is I think a procedure that you can use, we wouldnt want to do it all the time but so the Chairperson I think can appoint someone. Preferably someone who has not spoken, taken a position on the merits of the application and subject to the consensus approval of the Board. SPRINGER:Members youve heard the options available to us and that would be to conclude business when I need to excuse myself or that Chairman pro tem is then appointed. We may- knowing this it is our pleasure we may continue to conduct business for the next 10 minutes and see if we can arrive at a decision on this matter. If we decide to do that I would suggest that at 12 oclock we suspend our discussion and then take up the matter of a pro tem assignment. Is that acceptable to us? TORIGOE:Madame Chair just also I suggest that if you go ahead with that procedure that we would check with the applicant and get on record their concurrence with that. SPRINGER:To the applicant and the colleagues all there at the table youve heard a description of our situation and the options available to us. Are you- do you have any discomfort with what weve discussed so far? GOLDING, G.:No unless it unbalance the vote in any way. EXHIBIT B 31