WEBVTT

00:00:00.000 --> 00:00:12.000
 Good afternoon and welcome to the Zoning Board of Adjustments meeting for today.

00:00:12.000 --> 00:00:15.360
 The date is Monday, November 30th, 2020.

00:00:15.360 --> 00:00:21.000
 The time is 3.03 p.m. I'd like to call this meeting to order as we do have a quorum.

00:00:21.000 --> 00:00:25.760
 The first item on our agenda is the Pledge of Allegiance to both the U.S. and the Texas

00:00:25.760 --> 00:00:26.760
 flag.

00:00:26.760 --> 00:00:30.880
 Is that a thing we do on Zoom, Ron?

00:00:30.880 --> 00:00:33.880
 You're on mute.

00:00:33.880 --> 00:00:40.720
 Sorry, I was on mute.

00:00:40.720 --> 00:00:43.800
 Yes, we do the Pledge.

00:00:43.800 --> 00:00:44.800
 I apologize.

00:00:44.800 --> 00:00:51.640
 We do the Pledge, so if you're able to, please join us on the Pledge.

00:00:51.640 --> 00:00:56.280
 Pledge of Allegiance to the flag of the United States of America.

00:00:56.280 --> 00:01:04.680
 And to the Republic for which it stands, one nation under God, indivisible, with liberty

00:01:04.680 --> 00:01:06.720
 and justice for all.

00:01:06.720 --> 00:01:15.120
 On the Texas flag, honor the Texas flag, and Pledge of Allegiance to the Texas, one state

00:01:15.120 --> 00:01:18.120
 under God, one indivisible.

00:01:18.120 --> 00:01:20.120
 Thank you.

00:01:20.120 --> 00:01:21.120
 Thanks.

00:01:21.120 --> 00:01:28.360
 The second item on our agenda is Item 2A, a Work Session Report, which is Receive a

00:01:28.360 --> 00:01:33.240
 Report, Hold a Discussion, and Give Staff Direction Regarding Code Amendments Related

00:01:33.240 --> 00:01:36.240
 to Zoning Board of Adjustment, Composition, and Operational Procedures.

00:01:36.240 --> 00:01:38.920
 So I'll hand it over to staff.

00:01:38.920 --> 00:01:39.920
 Great.

00:01:39.920 --> 00:01:40.920
 Thank you.

00:01:40.920 --> 00:01:41.920
 Give me a second.

00:01:41.920 --> 00:01:45.040
 I'll go ahead and bring up my presentation.

00:01:45.040 --> 00:01:58.760
 Hopefully you all can see the presentation and can hear me.

00:01:58.760 --> 00:02:04.180
 This is a presentation related to our development code amendments that we're currently working

00:02:04.180 --> 00:02:07.520
 on as it relates to the Zoning Board of Adjustment.

00:02:07.520 --> 00:02:12.160
 It's just a part of, again, our code amendments.

00:02:12.160 --> 00:02:17.640
 So just a way of agenda presentation, I'm just going to briefly go over the history

00:02:17.640 --> 00:02:24.280
 of the DDC update, what code amendments we've already started and currently drafting.

00:02:24.280 --> 00:02:28.440
 The Development Code Review Committee go over who they are and how they're helping in this

00:02:28.440 --> 00:02:29.440
 process.

00:02:29.440 --> 00:02:34.200
 A little bit about the proposed schedule, where we are and where we hope to be in the

00:02:34.200 --> 00:02:40.480
 next couple months, and then kind of dive into a little bit more on the amendments as

00:02:40.480 --> 00:02:45.260
 it relates to the Zoning Board of Adjustment.

00:02:45.260 --> 00:02:52.480
 So by way of history, on April 23rd, 2019, the development code was updated.

00:02:52.480 --> 00:03:00.240
 And through that update, we had made some changes to some of the operations and composition.

00:03:00.240 --> 00:03:04.600
 And so we're going to address that later in the presentation.

00:03:04.600 --> 00:03:11.920
 During April and September, the zoning map was also approved by the City Council.

00:03:11.920 --> 00:03:19.660
 And on October 1st, the entire DDC update, 2019 DDC update, was effective, again, October

00:03:19.660 --> 00:03:20.660
 1st.

00:03:20.660 --> 00:03:25.280
 Obviously, one year later, we're celebrating our year anniversary.

00:03:25.280 --> 00:03:32.360
 Since October of 2019, to date, we have been doing a number of code amendments, primarily

00:03:32.360 --> 00:03:40.280
 addressing nonconformities, performing city initiated rezonings to address those nonconformities,

00:03:40.280 --> 00:03:46.720
 also drafting and getting code amendments approved to, again, address those nonconformities.

00:03:46.720 --> 00:03:53.080
 We also had a number of state law that was passed in the summer of 2019.

00:03:53.080 --> 00:04:01.400
 One specifically, House Bill 2497, which affects the Zoning Board of Adjustment.

00:04:01.400 --> 00:04:05.620
 And that's one of the other reasons why we're doing these code amendments, to make sure

00:04:05.620 --> 00:04:10.880
 that we are in line with the state law that were passed.

00:04:10.880 --> 00:04:21.280
 Again, this House Bill 212497 was one of those, again, that affects the Zoning Board of Adjustment.

00:04:21.280 --> 00:04:24.840
 So again, I kind of briefly went through this, but I just really want to spend a little bit

00:04:24.840 --> 00:04:29.040
 more time to discuss why the code amendments now.

00:04:29.040 --> 00:04:35.960
 Well, again, based on some of the code amendments or the 2019 update, there were some nonconformities

00:04:35.960 --> 00:04:39.780
 that were created, so we're continuing to address that.

00:04:39.780 --> 00:04:45.200
 We want to align our provisions with House Bill 2497, and I'll speak a little bit more

00:04:45.200 --> 00:04:47.840
 towards what that is.

00:04:47.840 --> 00:04:52.320
 We also are obviously improving our development review process, and we want to codify some

00:04:52.320 --> 00:04:55.480
 of that and make sure that that's in our code.

00:04:55.480 --> 00:05:00.440
 And again, we continue to hear from the general public, the development community, the Planning

00:05:00.440 --> 00:05:04.600
 Zoning Commission, City Council, and other boards and commissions on how to better improve

00:05:04.600 --> 00:05:12.680
 our process and our code, and we want to make sure we have an avenue to do so.

00:05:12.680 --> 00:05:18.680
 We've identified a number of code amendments from high priority changes to substantive

00:05:18.680 --> 00:05:25.280
 changes to others that deal primarily with criteria manuals, and then others are just

00:05:25.280 --> 00:05:32.560
 non-substantive changes such as typos, missed references, clarifying the intent and/or deleting

00:05:32.560 --> 00:05:33.560
 some duplication.

00:05:33.560 --> 00:05:42.320
 So these are not as critical, but still need to be done as part of our code amendments.

00:05:42.320 --> 00:05:47.880
 Real quickly, the Development Code Review Committee is made up of three councilmembers,

00:05:47.880 --> 00:05:50.040
 three Planning Zoning Commissioners.

00:05:50.040 --> 00:05:51.360
 You see them listed here.

00:05:51.360 --> 00:05:57.600
 Now, the councilmembers, they may change in the next coming weeks, but again, we have

00:05:57.600 --> 00:06:04.380
 a committee that is charged, change my slide, to assist in the code amendment process by

00:06:04.380 --> 00:06:10.960
 providing guidance, giving us, reviewing the code amendments, but also giving us priorities

00:06:10.960 --> 00:06:16.680
 on what code amendments should be presented and move forward to the Planning Zoning Commission

00:06:16.680 --> 00:06:17.680
 and City Council.

00:06:17.680 --> 00:06:22.840
 So yes, ultimately, the Development Review Committee is just an advisory board, which

00:06:22.840 --> 00:06:29.440
 will provide recommendations, and ultimately, the full City Council will make their decision

00:06:29.440 --> 00:06:34.000
 on the code amendments that we bring forward.

00:06:34.000 --> 00:06:41.800
 Our schedule, as we've been working on this beginning of September, as you all know, with

00:06:41.800 --> 00:06:46.200
 COVID and everything, everything seemed to be put on the back burner.

00:06:46.200 --> 00:06:52.640
 However, we recognize that this is an important part of what we need to accomplish with code

00:06:52.640 --> 00:06:53.640
 amendments.

00:06:53.640 --> 00:06:55.920
 And so we started it again in September.

00:06:55.920 --> 00:07:02.800
 October 6th is when we established or reestablished the DCRC, Development Code Review Committee.

00:07:02.800 --> 00:07:04.920
 We've got a pretty aggressive schedule.

00:07:04.920 --> 00:07:08.120
 We'd like to take things forward as soon as possible.

00:07:08.120 --> 00:07:13.600
 Obviously, with the holidays and with some of the City Council changes, we may pause

00:07:13.600 --> 00:07:19.440
 a little bit, but ultimately, our goal is to get something done by spring of next year.

00:07:19.440 --> 00:07:23.720
 So a lot of these code amendments will be brought forward to the Planning Zoning Commission

00:07:23.720 --> 00:07:25.920
 and ultimately to City Council.

00:07:25.920 --> 00:07:31.200
 But again, I wanted to share this with you because you are part of the Zoning Board of

00:07:31.200 --> 00:07:32.200
 Adjustment.

00:07:32.200 --> 00:07:35.240
 There are code amendments related, and we want to make sure that you are aware of those

00:07:35.240 --> 00:07:39.760
 code amendments that are being brought forward.

00:07:39.760 --> 00:07:46.400
 So the ones that we're going to speak specifically today is related to the composition, the overall

00:07:46.400 --> 00:07:52.880
 operation procedures for the Zoning Board of Adjustment, appeal of administrative decisions.

00:07:52.880 --> 00:07:54.920
 These come to the Zoning Board of Adjustment.

00:07:54.920 --> 00:08:03.580
 So if there is a appeal to a decision by an applicant, property owner, whoever, they have

00:08:03.580 --> 00:08:10.000
 to follow a procedure, and there's a time and there's a way to submit all of those.

00:08:10.000 --> 00:08:16.760
 And again, ultimately, the Zoning Board is the body that decides, makes the final decision

00:08:16.760 --> 00:08:20.240
 on those appeals.

00:08:20.240 --> 00:08:25.440
 In addition, interpretation procedures, that's something that is offered to our development

00:08:25.440 --> 00:08:27.520
 community and/or citizens.

00:08:27.520 --> 00:08:32.800
 They have the opportunity to request, and again, this goes to the Zoning Board of Adjustment

00:08:32.800 --> 00:08:36.160
 for your consideration.

00:08:36.160 --> 00:08:41.680
 And then there are a number of non-substantive changes just to clarify certain dates and

00:08:41.680 --> 00:08:43.800
 due dates and other things like that.

00:08:43.800 --> 00:08:49.000
 So again, I'll go through that in my presentation in a little bit.

00:08:49.000 --> 00:08:53.160
 Okay, so does anybody have any questions before we get going?

00:08:53.160 --> 00:08:56.480
 And I'm going to drop my screen so that we can see everybody.

00:08:56.480 --> 00:09:03.680
 I don't know where Jennifer went, hopefully.

00:09:03.680 --> 00:09:04.680
 I'm here.

00:09:04.680 --> 00:09:06.160
 I just turned off my video.

00:09:06.160 --> 00:09:07.160
 Oh, okay.

00:09:07.160 --> 00:09:08.640
 So just want to make sure we have quorum.

00:09:08.640 --> 00:09:09.640
 Yeah, yeah.

00:09:09.640 --> 00:09:10.640
 You're there.

00:09:10.640 --> 00:09:14.840
 So anybody have any questions on the code amendments, the process, what we're doing, why we're doing

00:09:14.840 --> 00:09:15.840
 it?

00:09:15.840 --> 00:09:20.840
 Again, just want to make sure that we have your buy-in and we want to make sure that

00:09:20.840 --> 00:09:24.400
 you're all involved, at least, in what's going on.

00:09:24.400 --> 00:09:30.880
 Okay, having read this in advance, there was a shortening of the time period in which members

00:09:30.880 --> 00:09:33.960
 of the public could respond to certain things.

00:09:33.960 --> 00:09:41.760
 Yeah, when I get to that point, and I'll bring it up, and again, specifically, we're responding

00:09:41.760 --> 00:09:47.280
 to House Bill 2497, but let me get to that presentation and, Jennifer, if you can interrupt

00:09:47.280 --> 00:09:53.200
 me if I don't see you raise your hand or whatnot, we can discuss that further.

00:09:53.200 --> 00:10:04.920
 Okay, so going back to the presentation.

00:10:04.920 --> 00:10:11.280
 So the first code amendment that we are proposing or recommending staff is, is really to bring

00:10:11.280 --> 00:10:18.840
 back the composition statements that were in the prior development code.

00:10:18.840 --> 00:10:27.280
 We updated the code in 2019, and what we just stated was to reference the Municipal Code

00:10:27.280 --> 00:10:30.520
 of Orrences when it talks about the Board of Adjustment.

00:10:30.520 --> 00:10:39.640
 However, we feel that is more customer service-friendly if we had that information in the code itself,

00:10:39.640 --> 00:10:46.840
 and so what you see here underlined is what we're proposing to include in the 2019 development

00:10:46.840 --> 00:10:47.840
 code.

00:10:47.840 --> 00:10:50.800
 And again, it really lists stuff that we already know.

00:10:50.800 --> 00:10:56.680
 Again, we're just bringing it back, but just to summarize what we're proposing is that

00:10:56.680 --> 00:11:04.240
 the language you see here is that the ZBA is a member of, is made up of seven members

00:11:04.240 --> 00:11:11.200
 and that they are appointed by the City Council and their terms are staggered with two-year

00:11:11.200 --> 00:11:12.200
 terms each.

00:11:12.200 --> 00:11:18.280
 Ron, I've got a question about that.

00:11:18.280 --> 00:11:19.280
 Yes.

00:11:19.280 --> 00:11:23.040
 So we're term-limited as well on this commission, like other, is that right?

00:11:23.040 --> 00:11:28.320
 Like do boards and commissions, like they also have term limits of three two-year terms

00:11:28.320 --> 00:11:29.320
 each?

00:11:29.320 --> 00:11:30.320
 Correct.

00:11:30.320 --> 00:11:31.320
 Correct.

00:11:31.320 --> 00:11:32.320
 Yes.

00:11:32.320 --> 00:11:33.440
 Does that need to be included in this clause here?

00:11:33.440 --> 00:11:39.080
 So when you mean other boards of commission or just?

00:11:39.080 --> 00:11:46.520
 So if we have term limits of three consecutive two-year terms on the Zoning Board of Adjustments,

00:11:46.520 --> 00:11:49.320
 does that need to be included in that clause, that first clause?

00:11:49.320 --> 00:11:50.840
 Oh, I see what you mean.

00:11:50.840 --> 00:11:51.840
 Okay.

00:11:51.840 --> 00:11:56.240
 Let me go back and turn my screen.

00:11:56.240 --> 00:12:00.800
 So I have to go back and forth to make sure we see everybody, because with the PowerPoint

00:12:00.800 --> 00:12:05.960
 presentation, it's hard to see everyone's.

00:12:05.960 --> 00:12:07.760
 So let me flip over to...

00:12:07.760 --> 00:12:17.320
 So yes, there is mention of that, and it may not be here, and that's a good question.

00:12:17.320 --> 00:12:23.440
 I thought it may be on this next slide as it relates to a three-year term.

00:12:23.440 --> 00:12:31.440
 It may be an all-encompassing board and commission three-year term, and that's more likely in

00:12:31.440 --> 00:12:34.960
 the Code of Ordinances, so that's more likely where it's covered.

00:12:34.960 --> 00:12:36.720
 So good question.

00:12:36.720 --> 00:12:43.120
 I think, based on our proposal or recommendation, I think it's fine if we don't include it here

00:12:43.120 --> 00:12:50.480
 in that we just refer that portion to the Code of Ordinances, where it speaks to the

00:12:50.480 --> 00:12:52.760
 ultimate three-year term, three-time terms.

00:12:52.760 --> 00:12:53.760
 Perfect.

00:12:53.760 --> 00:12:54.760
 Yeah, as long as it's included somewhere.

00:12:54.760 --> 00:12:57.760
 And if we're only seeing a segment, that's why we're coming to you.

00:12:57.760 --> 00:12:58.760
 No, no, no.

00:12:58.760 --> 00:12:59.760
 Great.

00:12:59.760 --> 00:13:00.760
 Yeah, because it's included somewhere else, then I get it.

00:13:00.760 --> 00:13:01.760
 I just wanted to bring that up.

00:13:01.760 --> 00:13:02.760
 Yes.

00:13:02.760 --> 00:13:03.760
 Yes.

00:13:03.760 --> 00:13:04.760
 There's a bigger...

00:13:04.760 --> 00:13:06.400
 The Code of Ordinances, I believe, covers all that.

00:13:06.400 --> 00:13:09.760
 Like I said, I thought it was on this one, but it's not.

00:13:09.760 --> 00:13:10.760
 Okay.

00:13:10.760 --> 00:13:11.760
 Okay.

00:13:11.760 --> 00:13:12.760
 Thank you.

00:13:12.760 --> 00:13:20.060
 So the other portion of this is on the composition is also the alternates, as you all know that

00:13:20.060 --> 00:13:26.680
 there are three alternates to the Zoning Board of Adjustment, and basically what this identifies

00:13:26.680 --> 00:13:35.440
 or lists is that how they're also assigned and also appointed, that is, and they also

00:13:35.440 --> 00:13:38.200
 serve a two-year term.

00:13:38.200 --> 00:13:44.520
 They are also a first, a second, and third alternate, and as you all know, if one member

00:13:44.520 --> 00:13:47.880
 is absent, the first alternate will take that place.

00:13:47.880 --> 00:13:54.120
 If there's a second member that's absent, the second alternate will take that place.

00:13:54.120 --> 00:14:01.280
 So this is to ensure that we have quorum at all times, and because it's such an important

00:14:01.280 --> 00:14:07.480
 scheduling thing to have members present, because we do have a time limit in considering

00:14:07.480 --> 00:14:14.480
 applications, and again, postponing a meeting may not be the best thing to have, especially

00:14:14.480 --> 00:14:18.600
 if it is required per state law.

00:14:18.600 --> 00:14:25.120
 Number three relates to the two-year term, as we spoke earlier, and again, the alternates

00:14:25.120 --> 00:14:33.620
 serve the same time frame and staggeredness of making sure that there is always a person

00:14:33.620 --> 00:14:39.240
 or member in the meetings.

00:14:39.240 --> 00:14:47.000
 So we get into the general procedures with the Zoning Board of Adjustment, again, much

00:14:47.000 --> 00:14:53.080
 of this you already know, but what we're trying to do again is bring these statements and

00:14:53.080 --> 00:14:58.360
 these provisions back into the development code, so it's more or less our opportunity

00:14:58.360 --> 00:15:04.160
 to make sure that our development community and our citizens understand what is required

00:15:04.160 --> 00:15:05.800
 of the Zoning Board of Adjustment.

00:15:05.800 --> 00:15:12.280
 So for general purposes or procedures, in order to have a meeting, we need a minimum

00:15:12.280 --> 00:15:18.280
 of six members, which for this meeting we have, that the Zoning Board of Adjustment

00:15:18.280 --> 00:15:23.600
 may adopt rules to govern its proceedings, and this is something that we probably will

00:15:23.600 --> 00:15:27.140
 need in the future to discuss further.

00:15:27.140 --> 00:15:33.360
 There's some rules and procedures that we, the staff, would like to discuss with you

00:15:33.360 --> 00:15:39.280
 all, but it's not covered under this agenda item, but we will certainly bring this up

00:15:39.280 --> 00:15:41.640
 at a future meeting.

00:15:41.640 --> 00:15:48.240
 That the meetings of the Zoning Board of Adjustment may be held at the call of the chairperson

00:15:48.240 --> 00:15:53.560
 and vice chair as well in certain situations, and that the Zoning Board of Adjustment keeps

00:15:53.560 --> 00:15:59.120
 minutes, and we all know that we do keep minutes, and that's something that will be considered

00:15:59.120 --> 00:16:03.720
 later on this agenda.

00:16:03.720 --> 00:16:14.840
 So here's the first part of the procedures that relate to House Bill 2497, and I'm going

00:16:14.840 --> 00:16:25.160
 to stop and share, sorry, to stop the presentation, and bring up that House Bill that was included

00:16:25.160 --> 00:16:26.160
 in your packet.

00:16:26.160 --> 00:16:32.520
 Hopefully you all had an opportunity to look at that, and let me see if I can bring it

00:16:32.520 --> 00:16:50.720
 up here one second.

00:16:50.720 --> 00:16:58.120
 So hopefully you all can see the document on the screen, House Bill 2497, again, where

00:16:58.120 --> 00:16:59.120
 it is underlined.

00:16:59.120 --> 00:17:09.360
 This was passed in 2019, where it is underlined is what was added to the Texas Local Government

00:17:09.360 --> 00:17:12.960
 Code, Section 211.

00:17:12.960 --> 00:17:20.440
 One of the things that was added is that the provision to have a person that's not related

00:17:20.440 --> 00:17:29.640
 to a specific application address or project be able to appeal a decision to the Board

00:17:29.640 --> 00:17:31.800
 of Adjustment.

00:17:31.800 --> 00:17:39.640
 It also clarified that any person that's related, so you have not related, and you also have

00:17:39.640 --> 00:17:46.100
 related to an application under which there are different provisions, but this area was

00:17:46.100 --> 00:17:50.840
 expanded as part of House Bill 2497.

00:17:50.840 --> 00:18:01.840
 In addition, I think this is where Board Member Jennifer mentioned the time in which the appeal

00:18:01.840 --> 00:18:06.120
 must be filed and considered.

00:18:06.120 --> 00:18:12.760
 So the appeal must be filed not later than 20 days after the decision has been made,

00:18:12.760 --> 00:18:17.180
 or prior it was just a reasonable time as determined by the rules of the Board.

00:18:17.180 --> 00:18:25.400
 So the Texas Local Government Code specifically states that an appeal must be made 20 days

00:18:25.400 --> 00:18:27.320
 after the date of the decision.

00:18:27.320 --> 00:18:32.120
 So that is what will be presented as part of the code amendment.

00:18:32.120 --> 00:18:38.200
 I just wanted to share with you how it fits in with the Texas Local Government Code.

00:18:38.200 --> 00:18:40.760
 In addition, yes, Jennifer.

00:18:40.760 --> 00:18:44.360
 Just to mention that it says 20 days, not 20 business days, so I don't know if they've

00:18:44.360 --> 00:18:52.000
 clarified that to be literally 20 days, including Saturdays and Sundays, or whether it includes

00:18:52.000 --> 00:18:57.520
 the day of the decision, just so that people know.

00:18:57.520 --> 00:19:02.320
 When there's a specific number like that, it's easier to miss by a day.

00:19:02.320 --> 00:19:03.320
 Right.

00:19:03.320 --> 00:19:04.320
 Right.

00:19:04.320 --> 00:19:07.560
 To misinterpret it, it may be necessary to ask the state for clarification.

00:19:07.560 --> 00:19:13.480
 We can, and I think we have, when I bring up the code amendment, we can certainly make

00:19:13.480 --> 00:19:19.960
 that part of our code and then verify that further with the state.

00:19:19.960 --> 00:19:29.640
 I think the last addition to House Bill 2497 was also this meeting where we notice for

00:19:29.640 --> 00:19:36.320
 an appeal for one meeting date, but not have a decision.

00:19:36.320 --> 00:19:41.920
 I think some of you were involved in one recently, I think it was in October of last year, where

00:19:41.920 --> 00:19:46.040
 we had to meet the following meeting date.

00:19:46.040 --> 00:19:52.200
 It just needs to be a 24-hour difference, and so that happened, again, in October of

00:19:52.200 --> 00:20:00.040
 last year, but must be considered within 60 days after the date the appeal was filed.

00:20:00.040 --> 00:20:05.440
 This was added in June, or this was part of the House Bill that was passed in June, and

00:20:05.440 --> 00:20:13.080
 we actually applied it for an application that was appealed in October of last year.

00:20:13.080 --> 00:20:18.440
 That's something that we're planning to include in the development code amendments.

00:20:18.440 --> 00:20:23.600
 Let me go back to the code amendments.

00:20:23.600 --> 00:20:32.320
 You can see that we've added where the provision states that anyone that's not related, as

00:20:32.320 --> 00:20:37.080
 well as anyone that's related to the project with the provisions here, so that's covered

00:20:37.080 --> 00:20:39.600
 in our code.

00:20:39.600 --> 00:20:45.680
 This is the section, I think, that you're referring to, or, remember, Jennifer Layne.

00:20:45.680 --> 00:20:52.040
 An appeal shall be submitted to the Development Services Board not later than the 24th date,

00:20:52.040 --> 00:21:00.000
 so maybe this is where we can add calendar days, and that's a good point, and I don't

00:21:00.000 --> 00:21:01.920
 see any issues with that.

00:21:01.920 --> 00:21:07.640
 I think what we're trying to do with our development code is to stick consistently with calendar

00:21:07.640 --> 00:21:21.240
 days rather than business days, so we can clean that up with this particular provision.

00:21:21.240 --> 00:21:30.140
 I think two more here related to the appeal stating that anybody at a public meeting related

00:21:30.140 --> 00:21:36.280
 to an appeal, any interested party, may appear before the Board of Adjustment.

00:21:36.280 --> 00:21:41.440
 This kind of goes over that process, and if there's any action or variance authorizing

00:21:41.440 --> 00:21:48.840
 the issuance of a building permit or COA or certificate of occupancy, CEO that is, that

00:21:48.840 --> 00:21:55.920
 they will be only valid for 90 days, so this is, again, just more technicality just to

00:21:55.920 --> 00:22:01.720
 cover that, again, if this ever was needed to happen or needed to be verified, we have

00:22:01.720 --> 00:22:09.440
 it, and then this is, again, where we cover the 60-day Zoning Board of Adjustment shall

00:22:09.440 --> 00:22:16.160
 decide an appeal at the next meeting for which notices can be, you know, be provided following

00:22:16.160 --> 00:22:23.040
 the meeting, and no later than 60 days, again, maybe put calendar days here as well so that

00:22:23.040 --> 00:22:32.760
 we're clear that it's calendar days from the date of the appeal when it was submitted.

00:22:32.760 --> 00:22:41.520
 So moving on to the other sections of the code, this is, again, related to the Zoning

00:22:41.520 --> 00:22:42.960
 Board of Adjustment.

00:22:42.960 --> 00:22:50.520
 This is under Section 234, which is our administration and procedure section, and basically what

00:22:50.520 --> 00:22:55.120
 we're saying here and just providing that clarification that the Zoning Board of Adjustment

00:22:55.120 --> 00:23:01.600
 shall be the body responsible for hearing appeals of administrative decisions under

00:23:01.600 --> 00:23:10.840
 this CDC and then in accordance with 211.010, which is that version that I shared with you

00:23:10.840 --> 00:23:14.760
 that was part of the House Bill 2497.

00:23:14.760 --> 00:23:24.960
 Further, within that same administration procedure section, we clarify that the six-member concurring

00:23:24.960 --> 00:23:26.600
 vote is required.

00:23:26.600 --> 00:23:31.960
 Just to be clear, when someone asks, "Well, what is 75% of the members?"

00:23:31.960 --> 00:23:36.440
 What we're saying is it's six members, so you need six members of the board in order

00:23:36.440 --> 00:23:39.800
 to approve a variance application.

00:23:39.800 --> 00:23:43.480
 This is more or less for clarification purposes.

00:23:43.480 --> 00:23:50.160
 This right here following, on the second part of this, is that any Zoning Board of Adjustment

00:23:50.160 --> 00:23:55.960
 will always be heard by a minimum of six members, and again, just to restate that, in order

00:23:55.960 --> 00:24:00.360
 to meet quorum, we need six members.

00:24:00.360 --> 00:24:02.280
 The next slide here is just more clarification.

00:24:02.280 --> 00:24:04.520
 It is not the Zoning Board of Appeals.

00:24:04.520 --> 00:24:12.360
 It's the Zoning Board of Adjustment, so just more cleanup on our end.

00:24:12.360 --> 00:24:18.200
 This specifically refers to a section, again, under Administrative and Procedures, where

00:24:18.200 --> 00:24:21.640
 we talk about the related and not related.

00:24:21.640 --> 00:24:29.440
 Again, for what we saw earlier in the House Bill 31, that's part 2497, we're just outlining

00:24:29.440 --> 00:24:37.480
 it here in this part of the code in a little bit more detail under this section.

00:24:37.480 --> 00:24:43.200
 Again, 2.83 is an Appeal to Administrative Decision.

00:24:43.200 --> 00:24:52.040
 What we were on prior, where it was the Procedures section, this is related to specifically Administrative

00:24:52.040 --> 00:24:56.680
 Appeals.

00:24:56.680 --> 00:25:00.440
 The time limit, again, we went from, well, we initially had 10 days.

00:25:00.440 --> 00:25:07.120
 We're going to 20 to be consistent with the House Bill that was passed.

00:25:07.120 --> 00:25:11.880
 We also talk about the stays of proceeding.

00:25:11.880 --> 00:25:22.640
 What this means, basically, is that if there is an Appeal, that certain items must remain

00:25:22.640 --> 00:25:26.280
 stayed until that decision has been made on the appeal.

00:25:26.280 --> 00:25:32.360
 So again, those certain applications must remain undecided, that is, until the appeal

00:25:32.360 --> 00:25:37.400
 is processed and considered.

00:25:37.400 --> 00:25:40.680
 Ron, I have a question on that past slide.

00:25:40.680 --> 00:25:41.680
 It's Kate Linus.

00:25:41.680 --> 00:25:42.680
 Yes.

00:25:42.680 --> 00:25:46.280
 Let me stop my screen and go ahead.

00:25:46.280 --> 00:25:47.280
 Okay.

00:25:47.280 --> 00:25:54.640
 So on that slide, you've got the change from 10 business days to 20 business days, but

00:25:54.640 --> 00:25:58.360
 we need to clarify whether we really mean business days.

00:25:58.360 --> 00:26:00.040
 No, you're absolutely correct.

00:26:00.040 --> 00:26:02.720
 That should say calendar days to be consistent.

00:26:02.720 --> 00:26:04.480
 That should say calendar.

00:26:04.480 --> 00:26:05.480
 Okay.

00:26:05.480 --> 00:26:09.240
 Thank you for that.

00:26:09.240 --> 00:26:11.280
 Yeah.

00:26:11.280 --> 00:26:21.960
 Yeah, so we have areas also mentioning in that 60 days, again, here, and again, this

00:26:21.960 --> 00:26:26.200
 is part of the Administrative or the Appeal on Administrative Decisions.

00:26:26.200 --> 00:26:30.840
 So again, I know it's redundant, but again, this is a different section that speaks to

00:26:30.840 --> 00:26:31.840
 this matter.

00:26:31.840 --> 00:26:36.200
 We want to make sure that that is covered here as well.

00:26:36.200 --> 00:26:44.000
 A little bit more clarification, again, correction in this particular section, but then underneath

00:26:44.000 --> 00:26:48.920
 that is again, it's more clarification that now we're talking about interpretations.

00:26:48.920 --> 00:26:53.560
 Now, there hasn't been a number of interpretations that the Sonia Board of Adjustment have seen

00:26:53.560 --> 00:26:57.240
 recently, but there may be in the future.

00:26:57.240 --> 00:27:04.360
 So this is again to clarify that any interpretation may be appealed to the Zoning Board of Adjustment.

00:27:04.360 --> 00:27:11.760
 Again, again, it's part of that section that we discussed prior.

00:27:11.760 --> 00:27:12.760
 I wanted...

00:27:12.760 --> 00:27:16.160
 So that was it on the Code Amendments.

00:27:16.160 --> 00:27:17.920
 I don't know if you all have any questions.

00:27:17.920 --> 00:27:24.560
 I feel that is pretty much an exercise of making sure that we are in line or aligned

00:27:24.560 --> 00:27:32.600
 with state provisions and also to correct some minor typos or correct references.

00:27:32.600 --> 00:27:40.040
 But again, to reestablish the procedures and the composition back in the Development Code

00:27:40.040 --> 00:27:46.520
 to be more customer friendly and also to be clear as to what the procedures are.

00:27:46.520 --> 00:27:51.660
 So anyone that's looking has an easier way of understanding it.

00:27:51.660 --> 00:27:56.120
 So that's the exercise that we're trying to do, and we wanted to make sure that you all

00:27:56.120 --> 00:27:57.120
 are aware of that.

00:27:57.120 --> 00:28:03.200
 I wanted to put a list together of all of the things that could come to the Zoning Board

00:28:03.200 --> 00:28:10.680
 of Adjustment as an appeal of an administrative decision.

00:28:10.680 --> 00:28:19.440
 We have a number of applications from Zoning Complaints Plan all the way through interpretations.

00:28:19.440 --> 00:28:25.700
 But again, ones that we've heard recently back in October was specifically to an appeal

00:28:25.700 --> 00:28:27.080
 to an administrative decision.

00:28:27.080 --> 00:28:35.100
 But there could be others that, again, would require the Zoning Board of Adjustment's consideration

00:28:35.100 --> 00:28:36.100
 and decision.

00:28:36.100 --> 00:28:42.960
 So this is just a list of what those applications could be.

00:28:42.960 --> 00:28:48.040
 And that concludes my presentation, and I'll be happy to staff for any further questions

00:28:48.040 --> 00:28:50.640
 or any other comments.

00:28:50.640 --> 00:28:58.560
 >> Ron, this is David, a couple of things came to mind.

00:28:58.560 --> 00:29:05.060
 The provision whereby you are struck from being a member of the board applies to Zoom

00:29:05.060 --> 00:29:09.520
 meetings, as well as any other, it's a live meeting, right?

00:29:09.520 --> 00:29:10.520
 >> That's correct.

00:29:10.520 --> 00:29:18.080
 And I don't know if Matt can help me with this one, but I believe there was a -- from

00:29:18.080 --> 00:29:23.480
 the governor's action, I believe, I don't know the term specifically, but it gives us

00:29:23.480 --> 00:29:30.640
 the opportunity to hold meetings via Zoom as long as it's posted, and we have the opportunity

00:29:30.640 --> 00:29:32.640
 to have people comment.

00:29:32.640 --> 00:29:33.640
 >> Okay.

00:29:33.640 --> 00:29:34.640
 That makes sense.

00:29:34.640 --> 00:29:42.000
 And the asset where it said members may be removed for callings, I assume that just refers

00:29:42.000 --> 00:29:44.320
 back to the ethics ordinance.

00:29:44.320 --> 00:29:45.320
 >> That's correct.

00:29:45.320 --> 00:29:51.760
 The city council would have to make that motion, and there has to be some sort of reasoning

00:29:51.760 --> 00:29:52.760
 for that action.

00:29:52.760 --> 00:30:02.320
 >> But, again, within the stipulation of the ethics ordinance?

00:30:02.320 --> 00:30:05.520
 >> That is my understanding, there has to be some sort of reason, and obviously they

00:30:05.520 --> 00:30:10.800
 would have to reference either the ethics -- most likely it would be the ethics section

00:30:10.800 --> 00:30:17.440
 or maybe something else that is referenced, and I'm not going to say it's only the ethics

00:30:17.440 --> 00:30:18.440
 ordinance.

00:30:18.440 --> 00:30:22.720
 There may be other things that they can reference as well.

00:30:22.720 --> 00:30:26.600
 >> Could you repeat what David's question is, because his speech is a little blurry

00:30:26.600 --> 00:30:30.800
 coming through my headset, a bit blurry or without it, too?

00:30:30.800 --> 00:30:36.400
 >> Sure, and then David, interrupt me if I misspeak.

00:30:36.400 --> 00:30:44.280
 Board member Hagens was referring to the clause that the council member can remove a zoning

00:30:44.280 --> 00:30:50.800
 board of adjustment under a certain situation, but that's what he was referring to.

00:30:50.800 --> 00:30:55.480
 >> I didn't hear what the question was, so now I really don't know what you guys are

00:30:55.480 --> 00:30:56.480
 talking about.

00:30:56.480 --> 00:31:06.760
 >> I'll just say to everyone, I lost my headset, Jennifer, or at least I realized it's fuzzy.

00:31:06.760 --> 00:31:09.760
 I'm aware of that, sorry.

00:31:09.760 --> 00:31:13.180
 >> Yeah, I'm just trying to follow what the conversation was, because I could hear Ron,

00:31:13.180 --> 00:31:16.240
 but not yourself, clearly.

00:31:16.240 --> 00:31:20.380
 >> David, can you repeat your question?

00:31:20.380 --> 00:31:23.040
 >> Maybe what the subject even is.

00:31:23.040 --> 00:31:29.960
 >> Well, the question was at the very outset, under what I think was paragraph one when

00:31:29.960 --> 00:31:37.160
 Ron was reading, it said that a board member may be removed by cause from the council,

00:31:37.160 --> 00:31:43.520
 and I said I assume that that just refers back to the ethics ordinance requirements,

00:31:43.520 --> 00:31:49.120
 and his answer, as I understand it, was that's true, maybe not limited to what the ordinance

00:31:49.120 --> 00:31:52.120
 says, but certainly within what the ordinance says.

00:31:52.120 --> 00:31:58.080
 >> Okay, yeah, so what for cause means, thanks.

00:31:58.080 --> 00:32:00.840
 >> Okay.

00:32:00.840 --> 00:32:06.040
 As we go through the code amendments, like I said, if there's anything that changes or

00:32:06.040 --> 00:32:12.480
 comes up that I feel is something that the board should be aware of, I'll certainly make

00:32:12.480 --> 00:32:21.200
 mention of it in future meetings.

00:32:21.200 --> 00:32:24.280
 So Amber, if we can move on to the next item.

00:32:24.280 --> 00:32:30.080
 >> All right, it's my first time chairing a Zoom meeting, so okay, thank you.

00:32:30.080 --> 00:32:33.680
 So that concludes the work session item 2A, correct?

00:32:33.680 --> 00:32:34.680
 >> Correct.

00:32:34.680 --> 00:32:35.880
 >> Okay, thank you, okay.

00:32:35.880 --> 00:32:41.280
 So the next item on the agenda is item 3A, item for consideration, we are considering

00:32:41.280 --> 00:32:50.720
 approval of the minutes of October 28th and October 29th, 2019, and November 18th, 2019.

00:32:50.720 --> 00:32:53.800
 Were there any corrections to the minutes?

00:32:53.800 --> 00:32:57.200
 Commissioner Lane, did you have a comment?

00:32:57.200 --> 00:33:05.520
 >> Yes, I just wanted to suggest that we consider them as a group, move to consider approval

00:33:05.520 --> 00:33:10.960
 of the minutes in their entirety, all three at once, and then if there's a second, then

00:33:10.960 --> 00:33:15.760
 we can of course discuss anything that needs to be changed in them if there is.

00:33:15.760 --> 00:33:17.760
 >> I'll second that.

00:33:17.760 --> 00:33:25.200
 >> Okay, so we are voting on whether or not to approve the minutes as a whole or discuss

00:33:25.200 --> 00:33:28.280
 them as a whole, is that correct, Commissioner Lane?

00:33:28.280 --> 00:33:35.880
 >> The motion is to approve them and with a second, then discussion can occur.

00:33:35.880 --> 00:33:39.000
 >> So is there any discussion of the minutes?

00:33:39.000 --> 00:33:43.280
 I did look over them, it was a really long, complicated meeting, but it didn't stand out

00:33:43.280 --> 00:33:46.560
 in my memory because it was that back-to-back one that we had.

00:33:46.560 --> 00:33:53.480
 I didn't see any big changes or anything that was, you know, staring, that was evident to

00:33:53.480 --> 00:33:54.480
 me.

00:33:54.480 --> 00:33:59.360
 Did anyone else have anything to add to the minutes or correct?

00:33:59.360 --> 00:34:08.480
 Okay, so hearing no objection, I guess we have a motion and a second to approve the

00:34:08.480 --> 00:34:09.480
 minutes.

00:34:09.480 --> 00:34:12.440
 All those in favor, if you could just raise your hand visibly.

00:34:12.440 --> 00:34:14.360
 Any opposed?

00:34:14.360 --> 00:34:21.680
 >> Chair, can I ask the legal question real quick?

00:34:21.680 --> 00:34:29.800
 Mac, would they need to respond or raise their hand, would that be sufficient for the vote?

00:34:29.800 --> 00:34:35.640
 >> As a matter of practice, I shouldn't say policy, but as practice, we've been having

00:34:35.640 --> 00:34:41.680
 a roll call vote, so we've gone one by one just to have a verbal yay or nay from each

00:34:41.680 --> 00:34:45.800
 member of the board.

00:34:45.800 --> 00:34:46.800
 >> Thank you.

00:34:46.800 --> 00:34:53.000
 Again, this is my first Zoom, Chair, so do I -- should I call on each Commissioner individually

00:34:53.000 --> 00:34:54.880
 then as the Chair I call on them?

00:34:54.880 --> 00:34:55.880
 >> Yes, ma'am.

00:34:55.880 --> 00:34:56.880
 >> Okay.

00:34:56.880 --> 00:35:00.920
 Then I'm just going to go left to right, top to bottom, what I see on my screen, Commissioner

00:35:00.920 --> 00:35:03.200
 Meissner, how do you vote?

00:35:03.200 --> 00:35:04.640
 >> Approved.

00:35:04.640 --> 00:35:10.000
 >> It was broken up, but I heard you say approved.

00:35:10.000 --> 00:35:11.000
 Correct?

00:35:11.000 --> 00:35:12.000
 >> Yes.

00:35:12.000 --> 00:35:13.000
 Aye, yes.

00:35:13.000 --> 00:35:14.000
 >> Thank you.

00:35:14.000 --> 00:35:17.000
 Commissioner Redwine, how do you vote?

00:35:17.000 --> 00:35:18.000
 >> Approved.

00:35:18.000 --> 00:35:19.000
 >> Commissioner Higgins?

00:35:19.000 --> 00:35:20.000
 You're on mute, sir.

00:35:20.000 --> 00:35:21.000
 >> Aye.

00:35:21.000 --> 00:35:22.000
 >> Commissioner Linus?

00:35:22.000 --> 00:35:23.000
 >> I approve.

00:35:23.000 --> 00:35:25.040
 >> And Vice Chair Lane?

00:35:25.040 --> 00:35:26.040
 >> Yay.

00:35:26.040 --> 00:35:28.120
 >> And I also approve.

00:35:28.120 --> 00:35:43.760
 So the minutes are approved unanimously.

00:35:43.760 --> 00:35:51.240
 The last item for consideration is item 3b, where we look at the calendar for next year,

00:35:51.240 --> 00:35:56.200
 consider approval of the 2021 ZBA meeting calendar.

00:35:56.200 --> 00:35:58.200
 >> Can that be a screen share?

00:35:58.200 --> 00:35:59.200
 >> Yes.

00:35:59.200 --> 00:36:02.960
 >> I didn't see any big issues, but I know we typically like to talk about the November

00:36:02.960 --> 00:36:06.280
 and December months in particular.

00:36:06.280 --> 00:36:16.600
 >> Let me bring it up, and I'll share it out with the group.

00:36:16.600 --> 00:36:24.440
 I know it's kind of small, but I can move up and down if I need to.

00:36:24.440 --> 00:36:29.360
 Typically they are the last Monday of every month.

00:36:29.360 --> 00:36:37.800
 There are some Mondays that we obviously adjust accordingly, specifically May is one that

00:36:37.800 --> 00:36:43.880
 is not the last Monday of the month.

00:36:43.880 --> 00:36:48.160
 The other one, I think that's it.

00:36:48.160 --> 00:36:56.240
 I think what we need to discuss, I would recommend as staff is looking at the holidays, specifically

00:36:56.240 --> 00:37:03.720
 November, Thanksgiving, and then December between the Christmas holiday and New Year's,

00:37:03.720 --> 00:37:06.120
 there's a zoning board adjustment.

00:37:06.120 --> 00:37:11.760
 That's something maybe the board can discuss specifically.

00:37:11.760 --> 00:37:16.920
 >> We went through this last year and made adjustments, but this year with both Christmas

00:37:16.920 --> 00:37:24.000
 and New Year's coming at the end of a week, I think that having it on the 27th is the

00:37:24.000 --> 00:37:25.000
 best you could possibly do.

00:37:25.000 --> 00:37:27.000
 You wouldn't want to move it up to the 13th.

00:37:27.000 --> 00:37:30.880
 It would only be two weeks behind November.

00:37:30.880 --> 00:37:32.880
 >> Okay.

00:37:32.880 --> 00:37:40.800
 >> So everyone can see this, right?

00:37:40.800 --> 00:37:50.240
 So I was going to say, it may be difficult to get a quorum and staff is going to be requesting

00:37:50.240 --> 00:37:54.300
 time off that week between Christmas and New Year's as well.

00:37:54.300 --> 00:37:59.280
 I would recommend moving it up if we could.

00:37:59.280 --> 00:38:05.480
 And maybe even that Monday after Thanksgiving, I don't know if we could also move up that

00:38:05.480 --> 00:38:10.520
 last week of November to the Monday prior or even the Monday before that.

00:38:10.520 --> 00:38:16.080
 Again, just keeping in mind, you know, people didn't get to see family for Thanksgiving

00:38:16.080 --> 00:38:19.800
 or Christmas this year, and I bet next year there's going to be -- I hope that we can

00:38:19.800 --> 00:38:25.720
 see our families again, and so I'm just concerned about making quorum and having staff available

00:38:25.720 --> 00:38:29.720
 during those holiday weeks, especially after a pandemic year when we can maybe pilot it

00:38:29.720 --> 00:38:30.720
 together again.

00:38:30.720 --> 00:38:36.640
 So I would recommend moving both the November and the December meeting up if possible.

00:38:36.640 --> 00:38:41.400
 And I know we can call a special meeting if we need to, like, if there's really something

00:38:41.400 --> 00:38:44.960
 important that they didn't meet the timeline, we could always call a special meeting.

00:38:44.960 --> 00:38:45.960
 That's just my suggestion.

00:38:45.960 --> 00:38:48.960
 >> Could we not -- sorry.

00:38:48.960 --> 00:38:52.360
 >> Commissioner Redwine.

00:38:52.360 --> 00:38:55.720
 >> Could we combine November, December to an early December meeting?

00:38:55.720 --> 00:39:00.240
 I know if we had a call for a 30-day, you know, I think there's a 30-day window we have

00:39:00.240 --> 00:39:07.880
 to have if something comes up, could we do something like that?

00:39:07.880 --> 00:39:12.680
 >> What say you, Ron, and Mac, is that a thing that the city could do?

00:39:12.680 --> 00:39:13.680
 >> I think that's a possibility.

00:39:13.680 --> 00:39:20.960
 I think we probably would need to have a meeting in November, and then -- and I don't know

00:39:20.960 --> 00:39:27.440
 if, obviously, if it's the last Monday or if it's earlier, one, I think, obviously,

00:39:27.440 --> 00:39:31.920
 we're meeting November 30th today, so it's not going to work, but I think the December

00:39:31.920 --> 00:39:37.160
 one is a little bit more difficult just because of where it sits.

00:39:37.160 --> 00:39:41.040
 Having an earlier meeting in December might be consideration.

00:39:41.040 --> 00:39:45.760
 >> Commissioner Lane, what were you going to put?

00:39:45.760 --> 00:39:51.800
 >> Yes, I was just looking at the calendar, and just the way it's laid out, given that

00:39:51.800 --> 00:39:58.160
 October is a sort of long month, and we would be the 25th of October, perhaps we could use

00:39:58.160 --> 00:40:04.620
 the 22nd of November, and then an earlier day in December, and they would be pretty

00:40:04.620 --> 00:40:10.200
 well spaced out, at least approximately four weeks from the October 1 to -- October 25th

00:40:10.200 --> 00:40:19.760
 to November 22nd, and then if we show as an early one in December, it would be three weeks,

00:40:19.760 --> 00:40:23.340
 not two.

00:40:23.340 --> 00:40:26.720
 >> So I'm hearing November 22nd.

00:40:26.720 --> 00:40:31.160
 Are we saying December 13th or December 20th?

00:40:31.160 --> 00:40:35.000
 >> Either one is reasonably fine, but if you think people will be taking vacation on the

00:40:35.000 --> 00:40:39.700
 20th, perhaps the 13th would be better, and if we're moving -- if we're thinking in terms

00:40:39.700 --> 00:40:46.120
 of the October 25th, four weeks later, that making it one week earlier in December, then

00:40:46.120 --> 00:40:55.280
 if we did use December 13th, it wouldn't be such a short amount of time between the two,

00:40:55.280 --> 00:40:58.040
 the only one week short rather than two.

00:40:58.040 --> 00:41:04.520
 >> This kicks the can down the road for January 2022.

00:41:04.520 --> 00:41:13.520
 >> Well, and we can't -- there is always the option to call a special meeting if, you know,

00:41:13.520 --> 00:41:17.960
 if there's an applicant who can't meet a particular deadline for whatever reason.

00:41:17.960 --> 00:41:21.080
 There is a process for us to call a special meeting.

00:41:21.080 --> 00:41:26.240
 I'm just, you know, again, just concerned about quorum, and, you know, staff deserves

00:41:26.240 --> 00:41:28.520
 a break, too, once in a while.

00:41:28.520 --> 00:41:32.880
 So, Commissioner Lane, I like that suggestion that, you know, that -- I think that seems

00:41:32.880 --> 00:41:33.880
 like a reasonable compromise.

00:41:33.880 --> 00:41:36.920
 Is there anyone else with any input about that?

00:41:36.920 --> 00:41:42.640
 >> No, I didn't take the same question I would have it be that November 22nd date, but, you

00:41:42.640 --> 00:41:44.560
 know, that's the other question.

00:41:44.560 --> 00:41:48.080
 It would be a holiday week.

00:41:48.080 --> 00:41:54.280
 >> Perhaps the problem is the week after is even more caught up in the holiday.

00:41:54.280 --> 00:41:59.480
 >> Yeah, speaking as a small business owner, I can tell you how hard it was for me on Cyber

00:41:59.480 --> 00:42:02.440
 Monday to make this meeting today.

00:42:02.440 --> 00:42:09.040
 So, yes, I would actually prefer something before Thanksgiving rather than after.

00:42:09.040 --> 00:42:17.440
 >> Actually, I think that the 20 -- talking on December, I think that if you were flipping

00:42:17.440 --> 00:42:23.440
 between 20th and 27th, and I realize that a lot of you don't want either one of those,

00:42:23.440 --> 00:42:29.400
 20 would be worse than the 27th, I think, in terms of generating a quorum.

00:42:29.400 --> 00:42:40.020
 >> We're actually considering the 13th, if we move the November to the 22nd.

00:42:40.020 --> 00:42:41.020
 >> So do we --

00:42:41.020 --> 00:42:45.040
 >> You can kick the can down the road on January 22 and deal with it at the time.

00:42:45.040 --> 00:42:51.920
 I'm just saying let's recognize that that's what we're doing.

00:42:51.920 --> 00:42:55.880
 >> And I hear that concern, Commissioner Higgins, and that's why I mentioned that there's, you

00:42:55.880 --> 00:43:01.280
 know, if that's too long of a wait between December 13th and the last Monday of January

00:43:01.280 --> 00:43:07.080
 2022, that there is a process to call a special meeting if an applicant, you know, requests

00:43:07.080 --> 00:43:08.080
 that.

00:43:08.080 --> 00:43:11.720
 So -- but we don't know what, you know, 2022 will look like.

00:43:11.720 --> 00:43:15.920
 We can only kind of look ahead with what we have here.

00:43:15.920 --> 00:43:23.520
 So if -- is there, like -- do we need to make a motion wrong to approve Jennifer's suggestion

00:43:23.520 --> 00:43:24.520
 of -- yeah?

00:43:24.520 --> 00:43:25.520
 Okay.

00:43:25.520 --> 00:43:31.760
 So we'll just approve the calendar, and we will then use that for scheduling our meetings.

00:43:31.760 --> 00:43:32.760
 >> That sounds great.

00:43:32.760 --> 00:43:34.560
 So can I make a motion?

00:43:34.560 --> 00:43:35.560
 >> Sure.

00:43:35.560 --> 00:43:41.760
 Change the calendar to November 22nd and December 13th.

00:43:41.760 --> 00:43:46.700
 >> I'll second.

00:43:46.700 --> 00:43:51.640
 >> We have a motion from Commissioner Lane and a second from Commissioner Redwine.

00:43:51.640 --> 00:43:55.880
 Commissioner Meisner, how do you vote?

00:43:55.880 --> 00:44:01.280
 >> I'll vote to approve.

00:44:01.280 --> 00:44:03.600
 >> Commissioner Redwine?

00:44:03.600 --> 00:44:06.760
 >> I vote to approve.

00:44:06.760 --> 00:44:09.080
 >> Commissioner Higgins?

00:44:09.080 --> 00:44:10.080
 >> Aye.

00:44:10.080 --> 00:44:11.640
 >> Commissioner Linus?

00:44:11.640 --> 00:44:14.760
 >> I vote to approve.

00:44:14.760 --> 00:44:16.720
 >> Commissioner Lane?

00:44:16.720 --> 00:44:17.720
 >> Aye.

00:44:17.720 --> 00:44:22.120
 >> And I also vote to approve.

00:44:22.120 --> 00:44:23.760
 >> Okay.

00:44:23.760 --> 00:44:26.120
 Thank you.

00:44:26.120 --> 00:44:27.120
 >> Okay.

00:44:27.120 --> 00:44:28.120
 That's it.

00:44:28.120 --> 00:44:29.720
 Are there any -- that's Section 4.

00:44:29.720 --> 00:44:32.320
 Any concluding items for today?

00:44:32.320 --> 00:44:36.320
 Anything else to bring up?

00:44:36.320 --> 00:44:37.520
 >> Floor doesn't have any.

00:44:37.520 --> 00:44:43.480
 I just quickly mentioned that we do have applications for the coming month.

00:44:43.480 --> 00:44:48.680
 If not in December, we don't meet quorum in December, for sure, January.

00:44:48.680 --> 00:44:53.080
 If you are available, please let me know.

00:44:53.080 --> 00:44:56.720
 >> May I ask when the next meeting is scheduled for?

00:44:56.720 --> 00:44:58.120
 I have forgotten.

00:44:58.120 --> 00:45:05.480
 >> We are looking to meet December 14th, if we get six members, hopefully seven is the

00:45:05.480 --> 00:45:06.480
 goal.

00:45:06.480 --> 00:45:16.280
 If it's not in December, then it will be all the last Monday in January.

00:45:16.280 --> 00:45:18.520
 >> Great, thanks.

00:45:18.520 --> 00:45:20.520
 So I think that's it.

00:45:20.520 --> 00:45:22.760
 I guess I will close the meeting now.

00:45:22.760 --> 00:45:24.320
 The time is 3.48 p.m.

00:45:24.320 --> 00:45:30.760
 Thank you again, everyone, for joining us, and I look forward to seeing you if not December

00:45:30.760 --> 00:45:33.360
 14th, and I'll see you in the new year.

00:45:33.360 --> 00:45:34.360
 >> Great.

00:45:34.360 --> 00:45:35.360
 Thank you, everyone.

00:45:35.360 --> 00:45:36.360
 >> Bye.

00:45:36.360 --> 00:45:44.360
 [BLANK_AUDIO]

