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IT'S 5:35 PM ON MONDAY, APRIL 10TH.
I'M HERE BY CALLING THIS MEETING OF THE BOARD OF ADJUSTMENT TO ORDER.
WE HAVE A QUORUM AND I'M GOING TO HEAD BEFORE WE CALL, ROLL CALL A QUICK RECESS BECAUSE WE'RE HAVING SOME COMPUTER ISSUES.
WE'LL, WE'LL GET YOU OUTTA HERE AS QUICK AS WE CAN.
SO, RECESS FOR 10 MINUTES FOR NOW.
[CALL TO ORDER]
5:46 PM CALL THE MEETING BACK TO ORDER.LET'S GO AHEAD AND START WITH THE ROLL CALL.
TOMMY, TOMMY, TOMMY, WE'RE NOT HEARING YOU.
SHE GET CHESTED THROUGH HER FACE.
I, SHE'S GOT, SHE'S GOT, THAT WAS PRETTY COOL.
SO FOR A SECOND YOU WERE LIKE THIS WHITE BEACON AUGUSTINA.
YOU BEAMED HER IN FROM STAR TREK.
DID YOU SAY HERE BEEPED IN, WE DIDN'T HEAR ANYTHING.
I DON'T KNOW IF SHE CAN HEAR US.
I'M GONNA HAVE, TELL ME HOW TO SAY THAT SO I DON'T SCREW IT UP, PLEASE.
AND YOU PREFER MAGGIE, RIGHT? I DO.
RICHARD, CAN YOU HEAR US? Y'ALL CAN HEAR US.
AUGUSTINE AUGUSTINA CAN'T HEAR US.
SHE HAD HER THUMBS DOWN FROM HEARING US AND THEY'RE WHAT? RICHARD? RICHARD CAN HEAR US, BUT WE CAN'T HEAR.
RICHARD, CAN YOU HEAR ME NOW? YES.
IT'S LIKE ONE OF THOSE PHONE COMMERCIALS, RIGHT? CAN YOU HEAR ME NOW? SO I THINK IT'S JUST AUGUSTINA THAT WE'RE HAVING ISSUES WITH.
OKAY, I JUST WANNA SEE KELLY'S TAB.
[12. Discussion and possible action regarding Board vacancies]
UH, WE HAVE A REQUEST FROM CITY STAFF TO SPEAK ON ITEM 12 VERY BRIEFLY.AND THEY HAVE ANOTHER COMMITMENT.
SO IF THERE ARE NO OBJECTIONS, I WAS GOING TO MOVE ITEM 12 TO THE BEGINNING OF THE AGENDA SO CITY STAFF CAN SPEAK ON IT AND THEN WE WILL TABLE IT AND PICK IT BACK UP AGAIN.
CAN WE DO THAT BEFORE THE MINUTES? HMM? CAN WE DO THAT BEFORE THE MINUTES? CAN WE DO THAT BEFORE THE MINUTES? OKAY.
AND WE CAN MOVE, DO WHATEVER WE WANT.
NO, AS LONG AS THERE'S NO OBJECTION.
IT'S A NOD BY APPROVAL OR APPROVAL BY NOT.
I'M THE DIVISION CHIEF FOR THE OPEN GOVERNMENT ETHICS AND COMPLIANCE DIVISION.
UH, YOU ALL SHOULD HAVE RECEIVED AN EMAIL, UH, ABOUT THREE 30 OR SO THIS AFTERNOON.
I KNOW A BOARD MEMBER, YOU'RE HAVING SOME TROUBLE.
I HAVE HANDOUTS HERE FOR THE FOLKS WHO ARE HERE IN PERSON.
UH, BUT FOR THOSE WHO ARE APPEARING VIRTUALLY, UH, YOU SHOULD HAVE AN EMAIL WITH THIS CHART, UH, THAT I'M GONNA DISCUSS.
SO I'M GONNA STEP AND, UH, STEP UP AND GIVE YOU SOME HANDOUT.
COMMISSIONER RODRIGUEZ, COULD YOU CHECK YOUR MIC FOR ME? CAN YOU HEAR ME? SOUNDS GOOD.
SO I'M GOING TO GO AHEAD AND ACKNOWLEDGE THAT WE CAN NOW HEAR COMMISSIONER R, OH, SORRY, BOARD MEMBER RODRIGUEZ AND, UH, HER TO THE ROLL CALL AT THE TIME.
AND EVERYONE ONLINE IS ABLE TO HEAR ME WELL AT FIVE.
[00:05:01]
UM, SO WHAT I'M HERE TO DISCUSS IS, UM, THE VACANCY THAT WAS CREATED BY THE RESIGNATION OF BOARD MEMBER RYAN NIL.I UNDERSTAND THAT, UH, SOME BOARD MEMBERS ALSO HAVE SOME QUESTIONS ABOUT THEIR OWN REAPPOINTMENTS.
WE'LL BE HAPPY TO ADDRESS THOSE INDIVIDUALLY WITH EACH OF YOU ALL.
UH, I KNOW THAT COUNCIL MEMBERS HAVE BEEN NOTIFIED OF, UH, REAPPOINTMENT ISSUES.
AND SO, UM, UH, WE'LL ADDRESS THOSE CUZ UH, EACH PERSON WILL HAVE, UH, SPECIFIC SITUATIONS THAT WE'LL NEED TO ADDRESS ONE-ON-ONE.
SO WE'LL TAKE THOSE UP INDIVIDUALLY WITH YOU.
I JUST WANNA DISCUSS THE VACANCY CAUSE BY, UH, THE RESIGNATION OF BOARD MEMBER, UH, NEIL.
SO, UH, YOU ALL SHOULD HAVE RECEIVED AN EMAIL FROM CAROLINE WEBSTER, UH, UH, AN ATTORNEY IN OUR DIVISION LAST FRIDAY.
UM, I DON'T WANT TO GO OVER, UH, LINE BY LINE WITH THAT EMAIL.
I THOUGHT IT WOULD BE HELPFUL, THOUGH, TO JUST PRESENT YOU ALL WITH THIS LITTLE TIMELINE.
IT'S EASIER FOR ME TO VISUALIZE THINGS ON A TIMELINE SCALE SOMETIMES.
UH, BUT THIS TIMELINE MATCHES THE ANALYSIS IN, IN THE EMAIL THAT CAROLINE SENT YOU ALL.
SO WHEN BOARD MEMBER, UH, NEIL RESIGNED, UH, THAT TRIGGERED THE HOLDOVER PROVISIONS UNDER THE TEXAS CONSTITUTION.
AND, UH, UNDER THOSE PROVISIONS, UH, UH, BOARD MEMBER NEIL, UH, REMAINED A BOARD MEMBER OF, OF THE COMMISSION.
UM, AND, UH, WHILE HE WAS ABSENT, AN ALTERNATE MEMBER WAS ABLE TO FILL IN, IN HIS SEAT FOR THOSE MEETINGS THAT HE WAS ABSENT AT THE TIME THAT HE MISSED THREE CONSECUTIVE MEETINGS UNDER CITY CODE SECTION 2 1 26, HE AUTOMATICALLY VACATED THE POSITION.
OKAY? AND THAT'S UNDER CITY CODE.
UM, AT THAT POINT, THE HOLDOVER PROVISIONS IN CITY CODE STEPPED IN, AND THAT WAS EFFECTIVE FOR 60 DAYS, UM, OR UNTIL A REPLACEMENT TOOK HIS SEAT.
SO THERE WAS NO VACANCY CREATED UP UNTIL THAT POINT AFTER THE, UH, EXPIRATION OF 60 DAYS BECAUSE THERE WAS NO, UH, APPOINTMENT TO FILL THAT POSITION.
SO, AT THE EXPIRATION OF 60 DAYS, HE WAS INELIGIBLE TO SERVE, AND THAT SEAT AND WAS AUTOMATICALLY REMOVED FROM WHAT WE CALL OFFICE AUTOMATICALLY REMOVED FROM OFFICE.
AT THAT POINT, ALL OF THE HOLDOVER PROVISIONS UNDER THE TEXAS CONSTITUTION AND CITY CODE EXPIRED.
AND THAT SEAT WAS THEN DETERMINED TO BE VACANT AT THAT TIME.
AND THAT'S WHERE WE, UH, FIND OURSELVES TODAY.
QUESTIONS BOARD MEMBER VON OLAN.
I'LL, I'LL LET MELISSA OUT THE FURTHER VICE HOFFLAND.
SO FOR THREE CONSECUTIVE MEETINGS AND THEN, AND THEN 60 DAYS.
SO THAT'S FIVE MEETINGS LOOSELY, IS THAT CORRECT? IN THE CALENDAR? YEAH.
SO IF HE RESIGNED IN OCTOBER, IS THAT CORRECT, ELAINE? I THINK IT WAS SEPTEMBER.
SO ERICA IS DOING THE ANALYSIS ON WHAT VOTE REQUIREMENTS WERE NEEDED FOR EACH MEETING AND WHICH MEETINGS THAT IMPACTED.
SO IT'S EITHER FEBRUARY OR MARCH.
IT WAS, SO ERICA LOPEZ, ASSISTANT CITY ATTORNEY, IT WAS FEBRUARY.
UM, THE VOTES, THE VOTES FOR THE FEBRUARY AND MARCH MEETING MET THE LEGAL THRESHOLD.
THE ONLY CASE THAT WAS POTENTIALLY AFFECTED.
THAT WAS THE CASE WHERE THE, UM, BOARD RESCINDED THEIR ACTION AND THEN, UH, POSTPONED THE CASE.
SO THE, THE CASE WOULD'VE APPEARED ON TODAY'S AGENDA.
THAT'S THE MARCH MEETING? YEAH, THAT WOULD BE THE MARCH MEETING.
BOARD MEMBER OR, UM, LAN, SORRY.
SO ARE, YOU'RE BASICALLY GOING BASED ON THE TEXAS CONSTITUTION A LAW THAT STATES ALSO AS WELL, UH, AND FEDERAL LAW WOULD SUPERSEDE THE TEXAS LAW? CORRECT.
BECAUSE WHAT I WAS WONDERING, I WAS CURIOUS IS AS IF THIS WOULD FALL UN UNDER THE FEDERAL VACANCIES REFORM ACT OF 1998, WHICH I CAN TELL BY THE LOOK IN YOUR FACE, IT'S, THAT'S A LITTLE BIT OF A CURVE BALL.
THAT'S FOR, I'M NOT FAMILIAR WITH THAT.
I'M ASSUMING THAT THAT'S FOR FEDERAL OFFICE.
IT'S FOR FEDERAL, THE TEXAS CONSTITUTION GOVERNS TEXAS OFFICES.
[00:10:01]
WHERE I'M GOING WITH THIS IS IN THE EMAIL THAT, UH, CAROLINE, AND THAT'S, THAT'S THE WAY I FELT ABOUT IT AS WELL.BUT I WANTED TO MAKE SURE THAT WE PUT IT OUT THERE THAT ALL AVENUES ARE, ARE EXPLORED HERE, UH, IN THE EMAIL.
AND I, UM, REALLY THERE'S SOME OF THESE ITEMS THAT I'M GONNA REQUEST WE GO INTO EXECUTIVE SESSION FOR.
BUT IN OUR EMAIL FROM CAROLINE WEBSTER, I'M, AFTER REVIEWING THIS, AND I HAVE A COPY OF ALAMO HEIGHTS VERSUS GARRITY, I HAVE AN APP, UH, A COPY OF OUR BOARDS AND PROCEDURES.
I GOT, I HAVE NUMEROUS, UH, INFORMATION THAT I RESEARCHED ON THIS.
AND I HAD CORPORATE ATTORNEY RESEARCH AS WELL.
AND WHAT WE'RE INTO, WHAT IT LOOKS LIKE HERE IS THAT WE'RE INTO A SITUATION WHERE THERE'S SOME, UH, THERE'S AN AMBIGUOUS AND CONFLICTING RULING IN THE WAY OUR BYLAWS ARE WRITTEN, THE WAY THE RULES AND PROCEDURES ARE WRITTEN, AND THE WAY THE CITY OF CODE ISRI WRITTEN AS IT, AS IT REFERS TO VACANCIES, PURELY ON THE FACT THAT THESE VACANCIES, THOSE RULINGS ARE WRITTEN WITHOUT TAKING INTO THE ACCOUNT OF SWORN TRAINED AND, UH, ALTERNATES.
AND THE ALTERNATES CAME AT LATER.
YOU KNOW, I'VE BEEN UP HERE FOR 15 YEARS AND, AND WE, IF WE WANT TO EVEN TAKE THE LEGAL TERMINOLOGY OF PRECEDENT BEING SET, IT HAS BEEN FOR YEARS AND YEARS AND YEARS.
SO I THINK WHAT WE HAVE HERE IS A SITUATION WHERE, THROUGH THE TRANSITION, IT'S ALMOST LIKE OUR, OUR ZONING OR ORDINANCE, YOU KNOW, UH, CODE NEXT THROUGH A CODE.
OVER THE YEARS, THINGS HAVE BEEN ADDED TO IT WHERE THINGS HAVE NOT BEEN REALLY REVISITED AND BROUGHT UP TO DATE.
AND WHEN WE FOUGHT REALLY HARD, I WANNA SAY IT WAS PROBABLY 10, 12 YEARS AGO FOR, FOR ALTERNATES, WE WERE HAVING A PROBLEM SIMPLY HAVING ENOUGH PEOPLE TO HAVE A QUORUM AND BEING A SOVEREIGN BOARD, THAT WAS A BIG DEAL.
UH, WE'VE GROWN SUBSTANTIALLY SINCE THE, IN THOSE 10 YEARS.
AND SO I THINK WHAT HAS HAPPENED IS WHEN, WHEN WE, UH, BROUGHT IN THE ALTERNATE ISSUES SO THAT WE COULD HAVE MEETINGS BECAUSE WE, OUR, OUR, I MEAN OUR, WE WERE GETTING AGENDAS LIKE THIS.
WE WERE HERE TILL TWO O'CLOCK IN THE MORNING.
IT WAS REALLY BAD BECAUSE WE, WE DIDN'T HAVE ENOUGH PEOPLE.
AND I THINK WHAT HAS HAPPENED IS IT, THIS HASN'T BEEN BROUGHT INTO THE FRAY OF WHAT IS, WHAT ARE THE, IT CAN, THE ALTERNATES CAN CANNOT DO.
THE LETTER FROM CAROLINE, I SEE WHERE SHE IS SAYING THAT THIS, THIS IS TO PROVIDE, QUOTE UNQUOTE, TO PROVIDE PROCEDURAL ADVICE, WHICH IS REALLY APPRECIATED.
BUT, UH, AND I'M NOT SAYING THIS TO BE FLIPPED, BUT IF WE HAVE 10 LAWYERS IN HERE, WE'LL GET 10 DIFFERENT OPINIONS ON IT.
UH, BASED ON MY EXPERIENCE OF RUNNING MY COMPANY FOR THE LAST 30 YEARS AND DEALING WITH CORPORATE ATTORNEYS ON BOTH SIDES OF THE TAPE.
AND SO, WELL, FIVE LAWYERS HAVE LOOKED AT THIS, AND THIS IS THE, THE ANSWER THAT YOU GOT FROM CAROLINE AS A, YOU'VE DONE, YOU'VE DONE GREAT ON THAT, ON THAT ASPECT, BECAUSE I, I, I UNDERSTAND AND YOU'VE DONE GREAT IN THAT, THAT ASPECT.
BUT I DO FEEL THAT THERE IS A WAY THAT WE CAN CLEAN ALL OF THIS UP TO, TO A MANNER.
UH, I'M NOT PREPARED TO HAVE IT ON THE DS BECAUSE IT'S SOMETHING THAT HAS TO BE ADDRESSED IN EXECUTIVE SESSION FIRST, AND THEN WE'LL HAVE TO COME OUT HERE AND MAKE A, A FORMAL WAY TO ADDRESS IT, BECAUSE IT IS QUITE LENGTHY IF WE WANNA GET INTO IT ON THE DIES, WHICH I DON'T THINK WE SHOULD, BECAUSE WE MAY NEED LEGAL ADVICE IN THE BACK.
I WOULD PREFER THAT WE DO THAT.
BUT I DO WANT TO THANK YOU AND THE OTHER ATTORNEYS FOR DIGGING INTO THIS BECAUSE I WATCHED THE VIDEO LAST WEEKEND AND, YOU KNOW, AND ALL OF MY YEARS OF BEING UP HERE, AND I'M THE LONGEST SITTING COMMISSIONER HERE, I'VE NEVER SEEN ANYTHING LIKE IT.
AND I THINK, UH, IT, WE ALSO HAD A LETTER IN OUR PACKET FROM SOME OF THE PEOPLE THAT WERE HERE, AND THEY DIDN'T QUITE UNDERSTAND THAT THIS DEVIATION, THIS TANGENT THAT THE BOARD WENT OFF ON, DIDN'T HAVE ANYTHING TO DO WITH THEIR CASE.
IT WAS MORE OF A PROCEDURAL ISSUE.
SO I, THAT WAS JUST MY, MY, MY, MY COMMENTS ON IT.
BUT I DO THINK WE PROBABLY BECAUSE OF, UH, SHE DID CITE, UM, CITY OF ALAMO HEIGHTS VERSUS GARRITY, AND I'VE GOT, I'VE GOT THINGS IN HERE THAT, UH, WERE BROUGHT UP BY ATTORNEY THAT, UH, THAT THAT REALLY DOESN'T APPLY IN THIS SITUATION.
UM, UH, THE PRIMARY EXAMPLE AND LANGUAGE OF THAT TRIGGERS ACCOUNTANT USE, WE IN GARRITY AS ELECTED OFFICIALS, AND WE'RE NOT ELECTED, WE'RE A APPOINTED.
SO, UH, YOU ARE CONSIDERED PUBLIC OFFICIALS UNDER THE TEXAS, I UNDERSTAND THAT, BUT WE'RE NOT ELECTED.
AND GARRITY AND GARRITY, THE LEGAL, THE LEGAL, UH, REFERENCE IN GARRITY IS TWO ELECTED OFFICIALS.
SO IT WOULD NOT, WOULD NOT APPLY IN THIS SITUATION.
[00:15:01]
UH, GARRITY ALSO DOES NOT ADDRESS THE POSSIBILITY OF HAVING ALTERNATES BECAUSE GARRITY WAS DIRECTED AT CITY COUNCIL MEMBERS, NOT AT COMMISSIONERS OR BOARD MEMBERS.WELL, THEY CALL 'EM ALMAN AND STUFF LIKE THAT.
BUT, YOU KNOW, SO THERE THERE'S A LITTLE BIT OF A, OF A, THERE'S A LOT OF AMBIGUOUS INFORMATION AND THERE'S A LOT OF CONFLICTING INFORMATION AS IT RELATES TO AN ACTUAL ALTERNATE ON AN APPOINTED BOARD.
SO I THINK WHAT WE HAVE TO DO IS PROBABLY APPROACH THIS FROM OUR BYLAWS, OUR, OUR, OUR BYLAWS, OUR RULES AND PROCEDURES, OF COURSE, LAW ITSELF, TEXAS CONSTITUTION AND EVERYTHING.
BUT ALSO BY, UH, ROBERT RULES OF ORDER, BECAUSE AT THE VERY END, AND I, I DID A DEEP DIVE IN THAT I USED TO BE THE PARLIAMENTARIAN FOR CAPITAL METRO WHEN I WAS ON BOARD BEFORE I BECAME CHAIRMAN.
YOU KNOW, I DID A DEEP DIVE IN THAT AS WELL.
AND I THINK THERE'S A WAY THAT WE CAN RESOLVE THIS.
UH, BUT I WOULD LIKE TO US TO GO ON EXECUTIVE SESSION TO DISCUSS IT BEFORE I PRESENT IT TO, TO THE BOARD.
CUZ THE ENTIRE BOARD NEEDS TO BE AWARE OF IT.
SOMETHING YOU WANTED TO ADD ON? YES.
I CAN ADDRESS, UM, THE BOARD MEMBER VAN OLAND'S COMMENTS REGARDING THE CONFLICT, UH, PROVISION.
SO IN YOUR BOARD OF ADJUSTMENT RULES OF PROCEDURE, ARTICLE ONE, UM, SUBSECTION B UH, B TWO, IN THE EVENT OF A CONFLICT WITH CITY CODE CHAPTER TWO 11 OR OTHER APPLICABLE LAW, THE CODE CHAPTER TWO 11 OR OTHER LAW SUPERSEDES THESE RULES.
BUT ALSO ON UNDER, UH, IN, ACCORDING TO OUR, OUR BYLAWS OF THE BOARD OF ADJUSTMENT ARTICLE ONE, ALL THE WAY BACK AT THE VERY END WHERE IT GOES DOWN TO ARTICLE NINE, PARLIAMENTARY AUTHORITY, IT STATES EXCEPT AS OTHERWISE, EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, RULES CONTAINED IN THE CURRENT EDITION OF ROBERT RULES OF ORDER SHOULD GOVERN BOARD IN ALL CASES TO WHICH THEY'RE APPLICABLE EXCEPT WHERE THEY'RE INCONSISTENT WITH THE BYLAWS AND SPECIAL RULES OF ORDER OF PROCEDURE, WHICH THE BOARD AND CITY HAS ADOPTED.
THE RULES OF PROCEDURES FOR THE BOARD OF ADJUSTMENT MAY BE SUSPENDED UNDER 22 OF ROBERT RULES OF ORDER.
AND THEN IF YOU GO EVEN DEEPER INTO ROBERT'S RULES OF ORDER, YOU CAN GO, YOU GO.
AND THIS IS FROM ROBERT'S RULE RULES OF ORDER, NEWLY REVISED 10TH EDITION.
IT GIVES THE USEFUL PRINCIPLES OF INTERPRETATION FOR RULES.
RULES INCLUDED IN BYLAWS AS WELL.
IT STATES RESOLVING AMBIGUOUS AND CONFLICTING RULES.
EACH ORGANIZATION DECIDES FOR ITSELF DEMEANING OF ITS AMBIGUOUS RULES.
THEN ITEM THREE STATES SPECIFIC RULES SUPERSEDE GENERAL RULES.
THIS CURRENTLY RIGHT NOW IS A GENERAL RULE.
AND THEN IT ALSO STATES A NEW RULE CONFLICTING THE OLD RULE OF THE SAME RANK SUPERSEDES THE OLD RULE.
IF THE NEW RULE IS ADOPTED BY VOTE REQUIRED TO RESCIND HER, AMEND THE OLD RULE.
SO ACCORDING TO MY ATTORNEYS, WE'RE WE ARE ABLE TO HOLD A VOTE ON WHETHER WE'RE GOING TO UTILIZE THE ALTERNATES BE IN ORDER TO UTILIZE THE ALTERNATES SO THAT THEY CAN SIT IN A PLACE OF A VACANCY.
CUZ WE CAN SUSPEND THAT BY OUR RULES AND THEN IT WILL BE ADOPTED INTO OUR RULES AND PROCEDURE.
IT DOES NOT HAVE TO GO THROUGH THE, TO THE, UH, BYLAWS CHANGE.
AND I'M THINKING, AND I DIDN'T WANT TO GO HERE, BUT I'M GONNA GO HERE AND YOU'RE GONNA SAY, YES, HE SAID IT.
THIS WILL NEGATE THE ISSUE THAT WE MAY HAVE IN THE FUTURE OF ANY OF THESE MEETINGS.
IN THE PAST, SINCE I'VE BEEN ON THIS BOARD AND SINCE WE'VE HAD ALTERNATES THAT I KNOW HAVE BEEN DECIDED BY ONE VOTE, BY AN ALTERNATE, WHETHER IT BE FOUR OR OR OR AGAINST DENY, THEY WOULD ALL BECOME NOLAN MORGAN.
SO THIS IS A WAY TO CLEAN IT UP BECAUSE WE'RE GONNA HAVE TO GO BACK AND REVISIT EVERY SINGLE CASE THAT WAS, THAT THIS CIRCUMSTANCE FELL UNDER PRIOR TO COMING TO ATTENTION YESTERDAY.
AND IT'S, THAT'S GONNA BE A MESS.
UM, LOOKING AT OUR BYLAWS, ARTICLE THREE, UH, SECTION G A MEMBER WHO SEEKS TO RESIGN FROM THE BOARD SHALL SUBMIT A WRITTEN RESIGNATION TO THE CHAIR OF THE BOARD, THE STAFF LIAISON, THE CITY CLERK'S OFFICE.
I RECEIVED THAT EMAIL ON THE 6TH OF SEPTEMBER.
SO LEGAL IS SAYING THAT THERE WAS A, EVEN THOUGH THAT WAS LIKE A TRUE RESIGNATION, LIKE IMMEDIATE RESIGNATION, I KNOW THERE'S AN OPTION TO GIVE 30 DAYS IF YOU CAN, BUT EVEN THOUGH THAT WAS AN IMMEDIATE RESIGNATION, THERE'S STILL 90 DAYS, THREE MONTHS OF MISSING UNDER THE TEXAS CONS CONSTITUTION UNDER THE TEXAS CONSTITUTION, UH, WHEN A PERSON RESIGNS, WHENEVER THAT RESIGNATION BECOMES EFFECTIVE, THAT WE'RE NOT DISCUSSING WHETHER THE RESIGNATION WAS EFFECTIVE OR WHEN IT BECAME EFFECTIVE.
BUT WHEN THAT RESIGNATION BECOMES EFFECTIVE, THE PERSON REMAINS IN OFFICE, UH, UNTIL SOMEONE HAS REPLACED THEM IN OFFICE.
THAT'S A CONSTITUTIONAL PROVISION.
AND THE REASON THAT'S THERE IS TO, UH, FROM A
[00:20:01]
POLICY PERSPECTIVE, IT'S TO ENSURE THAT THE GOVERNING BODY, OR WHICHEVER BODY IS TAKING A VOTE OR CONDUCTING BUSINESS, STILL HAS ENOUGH PEOPLE TO CONDUCT BUSINESS.AND, UH, THAT EVEN OCCURS WITH, WITH CITY COUNCIL MEMBERS.
UM, THERE HAVE BEEN SITUATIONS WHERE COUNCIL MEMBERS HAVE RESIGNED TO RUN FOR ANOTHER OFFICE AND THEY REMAIN IN THEIR COUNCIL SEAT UNTIL, UH, UH, SUCCESSORS QUALIFIED.
BUT REGARDLESS AFTER THAT 60 DAYS OF HOLDOVER, THAT'S IT.
SO THE TEXAS CONSTITUTION WILL FILL THAT, THAT PERSON'S RESIGNATION WILL, WILL SORT OF BACKFILL IT AS A HOLDOVER UNTIL THEY ARE NO LONGER ELIGIBLE TO BE AN OFFICE HOLDER.
AND SO THEN WE TURN TO CITY CODE TO LOOK AT ELIGIBILITY REQUIREMENTS.
AND UNDER THE ELIGIBILITY REQUIREMENTS, UH, YOU ARE INELIGIBLE, INELIGIBLE FOR THE OFFICE IF YOU MISSED THREE CONSECUTIVE MEETINGS, EXCEPT CITY CODE ALSO STEPS IN WITH ANOTHER HOLDOVER PROVISION TO EXTEND THAT BY 60 DAYS.
SO YOU HAVE THE TEXAS CONSTITUTION HOLDOVER PROVISION UNTIL THE PERSON BECOMES INELIGIBLE.
AND THEN THE CITY CODE HOLDOVER PROVISION BACKFILLS FOR ANOTHER 60 DAYS IS SO AGAIN, IN TOTAL OF FIVE MONTHS.
SO I'M THINKING 2020, JIMMY FLANAGAN LOST THE RAISE.
MACKENZIE KELLY JUST GOT ELECTED.
THE DISTRICT SIX BOARD MEMBER, UH, THEY CATERED THEIR SEAT UPON THE TRANSITION OF THE OFFICE AND WE DIDN'T GET AN APPOINTMENT TO THE BOARD OF ADJUSTMENT TILL AUGUST OR SEPTEMBER, BUT IT WAS EASILY SIX MONTHS.
WAS THAT MEETING BECAUSE WE VOTED WITH AN ALTERNATE WRONG.
DID WE VOTE WRONG THERE? SO AGAIN, UH, THAT'S A FACTUALLY, THAT'S A FACTUALLY DIFFERENT SCENARIO THAN THE ONE WE'RE TALKING ABOUT NOW.
SO IN THAT SCENARIO, UH, THE PERSON WAS, UM, NOT REAPPOINTED BY VIRTUE OF THE FACT THAT THEIR COUNCIL MEMBER OFFICE CHANGED SEATS.
SO THAT IS NOT SIMILAR TO WHAT WE'RE TALKING ABOUT NOW.
AND SO CITY CODE WOULD STEP IN IN THAT SITUATION AND PROVIDE FOR A HOLDOVER IN THAT SITUATION WOULDN'T BE UNDER THE TEXAS CONSTITUTION.
AND AND I AM, I AM PART OF THAT BECAUSE MY, I'M OUTTA QUESTION RIGHT HERE.
I'M STILL FIGURING OUT THE MIC SITUATION.
UM, SO AM I CORRECT THAT YOU'RE, YOU'RE OPINING ON THE SITUATION AS IT IS NOW? YOU'RE NOT, YOU'RE NOT OPINING ON WHETHER OR NOT WE CAN MAKE CHANGES MOVING FORWARD TO OUR RULES? YEAH, WE SIMPLY ANALYZED, UH, THE VERY SPECIFIC FACTUAL SITUATION PRESENTED WITH, UH, WITH BOARD MEMBER NILS RESIGNATION AND PROVIDE AN ANALYSIS ON THAT.
SO THERE ARE OTHER SITUATIONS THAT WOULD HAVE OTHER FACT SCENARIOS THAT WE WOULD HAVE TO ANALYZE INDEPENDENTLY TO GIVE YOU AN ANSWER ON THAT CERTAINLY.
BUT IN TERMS OF KIND OF AS MEMBER OF AN OLAND WAS SAYING, LIKE CLEANING THIS UP, MOVING FORWARD, CAN WE MAKE CHANGES TO OUR RULES SUCH THAT THIS ISN'T A PROBLEM MOVING FORWARD FOR YOUR BYLAWS? YEAH, NOT FOR BYLAWS.
WHAT WAS THE PROCEDURE? RULES AND PROCEDURES, BYLAWS GO THROUGH AUDIT AND FINANCE COMMITTEE APPROVAL.
UH, THAT'S FOR BYLAWS, THAT WAS GONNA BE MY POINT.
IT HAS TO GO THROUGH AUDIT AND FINANCE COMMITTEE.
I'M NOT FAMILIAR WITH YOUR SPECIFIC RULES AND PROCEDURES, BUT, UH, THAT'S SOMETHING LEE, WE CERTAINLY SOMETHING WE CAN DISCUSS WITH, WITH ERICA.
SO FOR ME, I CHANGED COUNCIL MEMBERS.
SO MY HOLDOVER PERIOD ENDS MAY 1ST.
SO IF THAT MY SEAT IS NOT FILLED, THEN THAT'S ONLY THREE MONTHS.
I MEAN, THAT'S NOT THE WHOLE FIVE MONTH THAT YOU'RE TALKING ABOUT.
SO BECAUSE THEY HAVEN'T APPOINTED ANYONE OR, AND IF THEY HAVEN'T APPOINTED ANYONE BY THE NEXT MEETING, WHAT HAPPENS THEN? IS THERE AN EXTRA 60 DAYS AFTER THAT? THREE MONTHS.
SO WE'LL DISCUSS THAT, UH, INDIVIDUALLY.
UH, LIKE I SAID AT THE BEGINNING, UH, I RECOGNIZE THAT THERE ARE SOME MEMBERS WHO, BUT I MEAN THIS, BECAUSE THIS RELATES BACK TO OTHER CASES THAT THIS HAS HAPPENED WHERE PEOPLE, THEIR, THEIR SEATS WEREN'T FILLED FOR THREE MONTHS, EVEN THOUGH THEY WAITED AND THEN THEY CAME TO THE MEETING.
SO UNDER CITY CODE, WHEN YOUR APPOINTING COUNCIL MEMBER IS NO LONGER, UH, SERVING AND UM, THERE NEEDS TO BE ANOTHER REAPPOINTMENT, ESSENTIALLY YOUR TERM HAS ALSO EXPIRED.
UH, THERE IS A HOLDOVER PROVISION IN THAT SITUATION AS WELL.
WHAT HAPPENS AFTER THAT HOLDOVER? BECAUSE WE'VE HAD THAT HAPPEN IN THE PAST WHERE IT'S BEEN LONGER THAN
[00:25:01]
THREE MONTHS.YEAH, IT'S BEEN LONGER THAN 60 DAYS.
SO WE'LL GET WITH YOU ON THAT INDIVIDUALLY.
ACTUALLY, I WOULD PREFER TO DO THAT NOW, BECAUSE THIS ISN'T ABOUT ONE SITUATION, RIGHT? NO, LET ME FINISH PLEASE.
THIS IS ABOUT THE BOARD OF ADJUSTMENT.
IT'S CONTINUITY BETWEEN MM-HMM.
WHEN WE CAN USE AN AN ALTERNATE, THAT'S THE IMPORTANT PART.
IT'S NOT JUST GONNA BE THIS ONE SITUATION.
I KNOW WE'VE DONE IT, OR AT LEAST IF WE'RE GOING OFF WHAT THIS IS SAYING AND APPLY IT IN OTHER AREAS.
THERE, THERE'S THE POTENTIAL TO HAVE HAD MEETINGS WHERE WE VOTED WITH TOO MANY PEOPLE.
OKAY? AND I KNOW 15 YEARS AGO WE WERE PRETTY LOOSEY-GOOSEY CUZ WE WERE A MUCH SMALLER CITY, RIGHT? THINGS WEREN'T QUITE AS STRICT.
AND, UH, I KNOW THAT WE HAVE TA WE HAVE BEEN GIVEN LEGAL ADVICE CUZ THAT IS LEGAL'S JOB TO ADVISE US.
AND THEN IT'S UP TO US AS A BODY TO MAKE THE DECISION ON WHAT DIRECTION WE'RE GONNA GO.
WE HAVE HAD TO MAKE SOME DECISIONS THAT QUITE FRANKLY WERE VERY HARD TO MAKE.
UH, THAT REALLY DIDN'T COINCIDE WITH LEGAL'S ADVICE.
UH, SINCE I'VE BEEN ON BOARD, I THINK WE'RE PRETTY MUCH THREE AND ALL WHEN WE'VE BEEN TESTED ON THOSE IN COURT.
UH, SO I'M BACK AGAIN TO TRYING TO CLEAN IT UP.
THIS ISN'T A BATTLE BETWEEN PUSHING BACK WITH LEGAL BY ANY MEANS.
MY CONCERN IS HOW MANY, HOW MANY CASES DID I SIT ON WHERE WE, THIS VOTE WAS VOTED BY ONE PERSON WHO WAS AN ALTERNATE CAST, A FINAL DECIDING VOTE ON IT, THAT IT COULD HAVE GONE THE OTHER WAY.
AND, AND THAT'S WHERE I WAS ADVISED BY LEGAL, THAT THAT IS A VERY, VERY BIG ISSUE THAT WE NEED TO ADDRESS.
I, THAT'S WHY I WANTED TO DO IT IN EXECUTIVE SESSION.
BUT SINCE WE BROUGHT OUT IN THE PUBLIC, THAT'S FINE THAT THE CHIPS FALL AWAY.
THEY MAY, BUT I'M, I'M PREPARED TO UTILIZE OUR RULES, OUR RULES AND PROCEDURES ARTICLE, UH, 19, WHERE AM I AT? ARTICLE NINE, THE PARLIAMENTARY AUTHORITY IN ORDER TO CLEAN THIS UP.
AND THEN THAT'LL GIVE LEGAL AN OPPORTUNITY TO GO BACK AND, OKAY, THEY'LL, THEY'LL KEEP US GOING.
THAT'LL PUT EVERYTHING SQUARE ON THE BOOKS, AND THEN THAT'LL GIVE LEGAL AN OPPORTUNITY TO GO BACK AND FIND A WAY THAT WE CAN MAKE SURE THIS DOESN'T EVER HAPPEN AGAIN.
BECAUSE AGAIN, IF YOU TAKE A LOOK AT OUR ALTERNATES, OUR ALTERNATES ARE SWORN IN JUST LIKE WE ARE.
OUR ALTERNATES HAVE TO TAKE THE TRAINING JUST LIKE WE DO.
OUR ALTERNATES HAVE TO FILE FINANCIAL REPORTS JUST LIKE WE DO.
BUT THIS SITUATION, NOWHERE IN IT, NOWHERE IN OUR RULES AND PROCEDURES, AND I WILL SAY THIS, MS. CYNTHIA DID, UH, IN HER EMAIL, QUOTE, SOME VERY ACCURATE INFORMATION OUT OF THE WAY THINGS ARE WRITTEN IN THE BYLAWS AND IN, IN OUR RULES AND PROCEDURES.
BECAUSE THOSE BYLAWS AND RULES AND PROCEDURES, NOWHERE, NOWHERE, JUST LIKE, UH, ALAMO, THE CITY OF ALAMO AND, AND GARRITY, NOWHERE DO THEY ADDRESS THE ADDITIONAL INGREDIENT OF HAVING, OF VACANCY, UH, SOMEBODY TO BE ABLE TO, TO SIT IN WHO'S BEEN SWORN IN, WHO'S BEEN TRAINED AND IS OF THE SAME LEGAL CAPACITY AS YOU AND I.
OKAY? SO THAT'S, THAT'S WHERE THE, THAT'S WHERE THE RUB IS.
THAT IS NOT, THAT HAS NOT BEEN TAKEN INTO ACCOUNT IN ALL OF THIS.
I I UNDERSTAND WANTING TO HANG ON THE LETTER OF THE WORD.
BUT THAT ISN'T WHAT REALITY IS RIGHT HERE TODAY.
WHAT IS REALITY HERE TODAY IS WE'VE HAD ALTERNATES ALWAYS BE COUNTED FOR A QUORUM, WHICH EVEN IN OUR BYLAWS, AND I AGREE WITH MS. CYNTHIA, EVEN IN OUR BYLAWS AND, AND RULES OF PROCEDURE SHOULDN'T HAVE BEEN COUNTED TOWARDS A QUORUM, BUT THEN IT DEFEATS THE WHOLE PURPOSE OF HAVING ALTERNATES.
OKAY? AND IN THE PAST, THEY WERE COUNTED IN ORDER, WE WOULD SIT HERE AND WAIT SOMETIMES 15, 20 MINUTES UNTIL AN ALTERNATE WOULD SHOW UP SO THAT WE WOULD HAVE A QUORUM.
SO WE COUNTED THEM TOWARDS A QUORUM, AND THEN THEY DID VOTE ON THESE CASES.
SO I, I, THAT REALLY BRINGS ME BACK TO THE QUESTION OF WHEN CAN WE USE AN ALTERNATE? I WASN'T ABLE TO FIND ANYTHING THAT'S SAID, WE CAN'T USE AN ALTERNATE FOR A VACANCY.
THE, THE, THE, THE SUPERMAJORITY NUMBER MENTION DOESN'T IN ANY OF THIS.
BUT DOESN'T, THAT DOESN'T MEAN WE, WE CAN'T HAVE AN ALTERNATE SITUATION.
[00:30:01]
AND THAT WAS THE PURPOSE.WE HAD ALTERNATES BECAUSE WE WERE UNABLE TO, TO COMPLETE OUR SWORN DUTY TO THE CITIZENS OF AUSTIN BECAUSE WE COULDN'T VOTE ON ANYTHING.
WE'D SHOW UP AND WE'D GO HOME LAST YEAR.
WELL, AND, BUT IF YOU USED AN ALTERNATE, THEN IT, IT SHOULDN'T ALTER THE VACANCY NUMBER.
I MEAN THE, THE SUPER MAJORITY NUMBER, BECAUSE THEN THAT'S JUST NOT RIGHT.
I MEAN, IF YOU HAVE 11 PEOPLE HEARING THE CASE, THERE'S NINE.
SO I MEAN, WE'RE, WE'RE, IT IS SOMETHING THAT JUST IS, WE NEED TO LOOK AT IT AND CLEAN IT UP.
THIS IS, UM, I THOUGHT MY HEAD WAS GONNA POP OFF LAST MEETING.
SO, I MEAN, AND THE POOR PEOPLE WITH THE POOL WITH THEIR CASE, I MEAN, THAT JUST HAPPENED TO BE, AND YOU KNOW, I MADE A MOTION TO RESCIND THE ACTION UNTIL WE COULD GET FURTHER CLARIFICATION.
SO AT THIS POINT, UM, MIGHT IT BE A SUGGESTION THAT, THAT THERE BE AN ADDITION TO THE, UH, AGENDA FOR NEXT TIME TO CREATE A WORKING GROUP FOR THE RULES AND PROCEDURES AND BYLAWS FOR, UH, PERHAPS A LITTLE, BUT THAT'S REALLY THIS ITEM.
WITH ALL DUE RESPECT, MELISSA, THAT'S NOT GONNA HELP US.
AS IT STANDS HERE TODAY, AS IT STANDS FOR EVERY VOTE THAT WAS TAKEN AT LAST WEEK'S MEETING, OR THE MEETING THE MONTH BEFORE.
AND I, AND I, I FEEL VERY STRONG THAT, YOU KNOW, WHEN WE ARE POINTED TO THESE POSITIONS, I KNOW MY COUNCIL MEMBER HAS THE UTMOST CONFIDENCE IN ME.
AND I KNOW SHE TELLS ME, MICHAEL, WHEN YOU GO OUT THERE, YOU DO WHAT YOU JUST REMEMBER, YOU REPRESENT DISTRICT 10 AND, AND DO THE BEST THAT YOU CAN.
AND, AND SO I THINK HAVING BEEN REAPPOINTED AS MANY TIMES AS I HAVE, I'M WILLING, AND I'VE SAID THIS BEFORE, TO TAKE ACTION TODAY AND MAKE A MOTION BASED UPON THE AMBIGUOUS CONFLICTING RULES PROCESS OF ROBERT JEWELS OF ORDER AND MAKE A MOTION THAT ALTERNATES ARE ALLOWED TO BE COUNTED AS QUORUM AND TO FILL A VACANT SEAT OR A, A, A SUBSTITUTED SEAT.
SOMEBODY OR SOMEBODY WHO'S NOT HERE IN ORDER TO PERFORM OUR DUTIES.
I'LL SECOND THAT AND THEN WE CAN DO YOU SOMETHING DRAFT DRAFTED THAT WE CAN USE, WE CAN PUT THAT INTO OUR RULES AND PROCEDURES AND GIVE ATTORNEY TIME TO CLEAN IT UP.
BUT IT KEEPS ALL OF THESE OTHER CASES THAT HAVE ALREADY TRANSPIRED PERFECTLY LEGAL AND THEY STAND.
DO DO YOU HAVE SOMETHING DRAFTED ALREADY? NO, BUT I THINK I JUST SAID IT IN THE RECORD AND I'LL, AND I CAN WRITE IT DOWN.
I THINK MEMBER OF ENZA HAS A QUESTION.
UH, VIRTUAL MEMBER, SORRY, RAISE YOUR HAND.
DID SOMEONE HAVE A QUESTION? VIRTUAL? YES, I DID.
CAN YOU WE KEEP, HMM, WE HEAR YOU.
OKAY, SO WHAT WE'RE I, THERE KEEP REFERENCES TO LIKE, SORT OF PRIOR INSTANCES WHERE, UM, ALTERNATES VOTED, UM, WHERE THERE WAS A VACANCY.
I GUESS MY FIRST QUESTION IS, UH, IS THERE LIKE A STATUE OF INVITATIONS FOR CHALLENGING, UH, THOSE DECISIONS THAT WERE MADE? AND HAS THAT RUN, BECAUSE I'M WONDERING SORT OF LIKE IN THE LENGTH OF THIS, LIKE SAY 15 YEARS THAT KEEPS BEING REFERENCED.
UH, MAYBE A VOTE THAT HAPPENED 12 YEARS AGO, LIKE, I, IS THIS ACTUALLY LIKE AN ISSUE FOR THOSE DECISIONS? AND THEN TWO, UM, IT SOUNDED LIKE EARLIER ON WHEN WE WERE TALKING ABOUT THE VOTES LAST MONTH AND IN FEBRUARY THAT MIGHT BE AN ISSUE, IT SOUNDED LIKE NONE OF THOSE ACTUAL VOTES WERE AFFECTED BECAUSE THEY PASSED BY THE PROPER AMOUNT.
AND I JUST WANTED CLARIFICATION ON THAT VICE CHAIR.
SO THERE IS A, THERE IS AN APPEAL PROCESS FOR THE BOARD OF ADJUSTMENT AND, AND THAT APPEAL PROCESS WOULD, WOULD IT BE GONE FOR ANYONE? BUT I, I THINK IT THEN BECOMES A RESPONSIBILITY.
I MEAN, WHAT IS OUR RESPONSIBILITY IF, IF, IF PROCEDURALLY THERE'S AN ISSUE? I MEAN, WE'VE HAD SOME CASES THAT HAVE HAD, UH, OPPOSITION, WE'VE HAD SOME CASES THAT HAVE PASSED.
WE HAVE HAD SOME CASES THAT HAVE FAILED.
WE HAVE SOME CASES THAT HAVE BEEN WITHDRAWN.
SO THIS CLARIFICATION COULD BE FAR REACHING, COULD NOT BE, I MEAN IT COULD BE, YOU KNOW, IT'S ONE OR TWO.
I I, THERE'S ONE PARTICULAR CASE THAT COMES TO MIND AND I MEAN, WHAT IS OUR RESPONSIBILITY? WE'RE HERE TO SERVE THE CITIZENS OF BOSTON AT THE, AT THE PLEASURE OF OUR COUNCIL PERSON, BUT OUR DECISIONS ARE NOT POLICY DRIVEN.
THEY'RE BASED ON HARDSHIP BY STATE LAW AND CITY CODE.
SO I GUESS, UH, IT, I'M OVERALL JUST CONCERNED THAT
[00:35:02]
WE, WE'VE TAKEN A WRONG TURN AND WE, WE NEED TO SOMEHOW GET IT ALL LINED UP.UM, CUZ UH, IT'S JUST NOT RIGHT.
AND, UM, AND I MEAN WE ALL KIND OF FIGURED THIS OUT LAST MEETING AND UH, YES, MY HEAD IS STILL ATTACHED TO MY BODY, BUT I THOUGHT MY HEAD WAS GONNA BLOW OFF AT ONE POINT AND I'M ACTUALLY KIND OF THE FUN PERSON UP HERE MOST OF THE TIME.
SO, YOU KNOW, HEAD BLOWING OFF BAD.
THERE'S AN ISSUE POSTING, THERE'S AN ISSUE POSTING ABOUT DOING IN ACTION THAT'S GONNA BE ITEM 13, WHICH IS WHAT I WAS JUST ABOUT TO GET TO.
THERE'S MORE QUESTIONS FOR VIRTUAL.
SO THE VIRTUAL, SORRY, MORE QUESTIONS.
SHE JUST, UH, BOARD MEMBER SMITH.
SO, UH, I KNOW THERE'S A MOTION TO, I, I GATHER THERE'S A MOTION HERE TO AMEND THE BYLAWS.
I WOULD REALLY LIKE TO, UM, MOVE TO POSTPONE THIS AND IN THE INTERIM, GET SOMETHING IN WRITING THAT WE CAN LOOK AT.
AND ALSO LEGAL CAN LOOK AT, YOU KNOW, I, WHETHER, WHETHER THERE'S BEEN A MISTAKE IN THE PAST, WE CAN'T DO ANYTHING ABOUT THAT TONIGHT.
BUT IF WE'RE OKAY MOVING FORWARD TONIGHT, I THINK THE BETTER WAY IS TO LOOK AT THIS CAREFULLY WITH LEGAL'S INPUT AND THEN, AND THEN TAKE A VOTE NEXT, UH, NEXT SESSION.
WELL, I THINK, I THINK THE VOTE VOTE IS MORE JUST TO MOVE IT FORWARD, NOT TO NECESSARILY HAVE IT ALL IN WRITING TONIGHT.
IT WAS JUST, UH, SO LIKE MICHAEL SAID, WE WOULD COME UP WITH SOMETHING THAT LE AND WORK WITH LEGAL ON IT, BUT JUST THAT WE WANNA MOVE FORWARD WITH SOMETHING FOR THE BYLAWS.
IS THAT, IS THAT CORRECT, MICHAEL? PARDON? UH, THAT YOUR INTENT WAS FOR US TO VOTE ON SOMETHING TO SHOW THAT WE WANTED TO MOVE FORWARD AND WORK WITH LEGAL ON THE WORDING? YES, BUT, UH, I WAS JUST WRITING IT.
I WAS GONNA MOVE TO IMPLEMENT ROBERT'S RULE OF ORDER FOR RESOLVING AMBIGUOUS AND CONFLICTING RULES AS IT RELATES TO THE ALTERNATES AND MOVE THAT DULY SWORN MEMBERS WHO SERVE AS ALTERNATES HAVE THE LEGAL AUTHORITY TO SERVE IN PLACE OF A VACANCY AND IN NEED OF SUBSTITUTION CHAIR.
SO, AND, AND, UH, HAVE US VOTE ON THAT JUST SO THAT IF WE HAVE ANY ALTERNATES OR, OR ANYTHING THAT HAS TRANSPIRED RECENTLY BECAUSE WE'RE LIVE ON TV.
AND I KNOW, I KNOW, AND WE ALL KNOW HOW MANY PEOPLE, UH, IN THE DEVELOPMENT YOU, UH, NOT JUST OTHER NORMAL CITIZENS, BUT PEOPLE THAT ARE IN THE DEVELOPMENT INDUSTRY WATCH THIS ON A WEEKLY BASIS.
AND I, I THINK IF WE DO THAT, IT WILL BIAS US.
IT WILL, IT WILL MAKE IT LEGAL, EVERYTHING THAT IS TRANSPIRED BY OUR, BY OUR, OUR RULES AND PROCEDURES.
BUT IT'LL GIVE LEGAL AN OPPORTUNITY ALSO TO COME BACK AND RESEARCH IT AND THEN OF COURSE ADVISE US ON WHAT DO WE REALLY NEED TO DO TO MAKE SURE THIS DOESN'T HAPPEN.
AGAIN, MY WORDING, I'M NOT AN AOR, I'M NOT A LAWYER.
I'VE HAD MANY AND I TALKED TO 'EM STILL, BUT, UH, YOU KNOW, I'M NOT A LAWYER, SO I'M JUST GOING BASED UPON WHAT I KNOW FROM PARLIAMENTARY STANDARDS THAT I'VE HAD TO IMPLEMENT BOTH AT THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA AS WELL AS CAPITAL METRO WHEN I WAS CHAIRMAN THERE AND PARLIAMENTARIAN THERE.
I DON'T KNOW IF IT WILL REALLY, IT MIGHT JUST GET US THROUGH THAT ENOUGH TIME TO HAVE LEGAL COME BACK AND SAY, HEY, THIS IS WHAT YOU REALLY NEED TO DO.
THIS IS WHAT WE ADVISE YOU TO DO, AND THEN WE CAN FOLLOW THAT ADVICE.
CHAIR, IF I MAY, UM, I, I WANNA MAKE SURE THAT YOU'RE WITHIN THE OPEN MEETINGS ACT.
UM, AND SO I UNDERSTAND THAT'S UNDER ITEM 13.
I'M ABOUT TO COVER THAT, RIGHT? OKAY, HANG ON.
UH, I WAS JUST GOING TO SAY IF YOU'RE OKAY WITH IT, UH, BOARD MEMBER SMITH, INSTEAD OF MAYBE A POSTPONEMENT A SUBSTITUTE MOTION TO TABLE THIS FOR NOW, AND THEN IF WE NEED TO DISCUSS WITH LEGAL, WE CAN CALL EXECUTIVE SESSION AND TAKE WHAT BOARD MEMBER BONNO HAS WRITTEN AND HAVE RUN IT BY THEM AND THEN GET THE OPINION ON IT FROM A LEGAL STANDPOINT.
THAT WAY WE COULD ADOPT IT TONIGHT.
WE'RE NOT PREPARED TO DO AN EXECUTIVE SESSION TONIGHT.
I'M PRETTY SURE WE WARNED EVERYONE, YOU SHOULD HAVE RECEIVED AN EMAIL FROM CITY ATTORNEY AND MORGAN ASKING TO POSTPONE TILL MAY, BUT THE BOARD RESERVES THE RIGHT TO CALL AN EXECUTIVE SESSION AT ANY TIME.
YEAH, WE'RE NOT PREPARED TO DO ONE TONIGHT.
I I THINK WE, UM, THE QUESTION THAT, UH, BOARD MEMBER MICHAEL VAN OLAND SPECIFICALLY WITH THE LEGALITY, I, I THINK THAT THAT IS SOME, AN OPTION THAT WE COULD POTENTIALLY EXPLORE AND HAVE SOME MORE TIME TO KIND OF TAKE BACK.
UM, BUT IT'S, IT'S HELPFUL TO HAVE THE QUESTIONS IN ADVANCE SO THAT WE ARE PREPARED TO ANSWER QUICKLY.
[00:40:01]
QUESTIONS TONIGHT AND MAKE SURE THAT WE CAN FOLLOW UP IN WRITING TO ALL THE MEMBERS OF THE BOARD AND THEN HAVE AN EXECUTIVE SESSION IF NECESSARY.BUT WE WILL NOT BE ABLE TO ANSWER SUFFICIENTLY SOME OF THE ISSUES THAT YOU HAVE RAISED TONIGHT.
SO I THINK BECAUSE THE POSTING FOR ITEM NUMBER 12 IS ABOUT THE BOARD VACANCY.
THAT'S SOMETHING THAT'S ISSUED AND ADDRESSED AND NOT SPECIFICALLY TOWARDS AMENDING THE RULES OF PROCEDURE.
UM, THAT SINCE YOU'VE RAISED THAT, THAT'S SOMETHING THAT WE CAN PUT ON AS A, UM, FUTURE AGENDA ITEM AND CAN HAVE THAT ADDRESSED AT THE NEXT MEETING AND BE SUFFICIENTLY PREPARED.
BUT I ALSO DO WANNA POINT OUT THAT THERE IS A, A LIMITATION ON THE, WHEN AN AGGRIEVED PARTY CAN, UM, APPEAL TO THE JUDICIAL COURT.
SO I DON'T THINK FOR THE PAST CASES THAT YOU, THAT THAT
WHAT I WAS TRYING TO DO, MADAME CHAIR, UH, FIRST OF ALL, I DIDN'T WANT TO BE CONTENTIOUS BY ANY MANNER, SHAPE, OR FORM.
I JUST WANTED TO MAKE SURE THAT WE HAD A STOP GAP UNTIL, BECAUSE I ANTICIPATED DISCUSSING THIS IN THE EXECUTIVE SESSION AND HAVING A STOP GAP MEASURE TO GIVE YOU YOU GUYS LEGAL AND THE OTHER 4 0 3 I GUESS, CUZ I KNOW ERICA'S GOOD TO GO, BUT, UH, GIVE YOU GUYS AN OPPORTUNITY TO FIGURE SOMETHING OUT.
AND MY OTHER CONCERN WAS TO MAKE SURE, AND THANK YOU, YOU, YOU, YOU'VE, UH, CLARIFIED THAT I DIDN'T AFTER BEING ON HERE FOR SO LONG LASTING, I WANNA DO, AND I WAS HUNG ON THE CROSS THAT WHEN I WAS CHAIRMAN OF THE BOARD FOR CAPITAL METRO BRINGING LIGHT RAIL HERE, I DON'T WANNA BE HUNG ON THE CROSS AGAIN.
YOU KNOW, YOU STICK YOUR NECK UP OUTTA WATER AND EVERYBODY WANTS TO TAKE IT OFF.
SO WHATEVER THE WILL OF THE BOARD IS, IS FINE, PLEASE CHAIR.
UH, SO PART OF MY CONCERN, AND AND YOU DO HAVE BOTH ITEMS ON THE AGENDA, MY CONCERN IS, IS THAT WE'RE GONNA HAVE ALL NEW PEOPLE ON THIS BOARD.
SO HERE, YOU KNOW, WE HAVE THIS, UM, ISSUE AND THEN, UH, I DON'T KNOW WHO ALL'S GETTING REAPPOINTED.
UM, THIS COULD BE PRETTY MUCH A PRETTY STICKY WE GET FOR SOMEBODY TO WALK INTO.
AND THAT'S REALLY RATHER UNKIND.
AND SECOND OF ALL, THE APPEAL PERIOD IS WRITTEN IN THE CODE.
BUT IF THERE IS AN IMPROPER ACTION, I MEAN, WHAT IS OUR RESPONSIBILITY OF THE BOARD TO THE PEOPLE? AND IT'S NOT JUST THE APPLICANT, IT'S, IT'S THE PEOPLE THAT WROTE IN, IT'S THE PEOPLE THAT GOT NOTICED.
IT'S, I MEAN, IT'S NOT A SINGULAR ONE SIDE OR THE OTHER.
I MEAN, WE'RE HERE TO, WE'RE HERE TO LOOK AT CASES IN HARDSHIP BY STATE LAW AND IF WE HAD ONE THAT WAS CLOSE, UM, ONE DIRECTION OR THE OTHER, UH, THIS COULD BE WHY SOMEONE WITHDREW A CASE.
THIS COULD BE WHY SOMEONE WON A CASE.
THIS COULD BE WHY SOMEONE LOST A CASE.
THIS IS, THIS IS RATHER SERIOUS.
AND AS YOU KNOW, WHAT IS OUR RESPONSIBILITY AS A BOARD ON THOSE CASES? AND THEN WHERE DO WE DRAW THE LINE ON THOSE CASES? I MEAN, IF, IF THE INFORMATION THAT WE'VE GIVEN THE PUBLIC IS NOT STRONG CAN BE PUSHED OVER, UM, SO EASILY.
ANYWAY, THERE'S ANOTHER VIRTUAL QUESTION, VIRTUAL QUESTIONS BOARD MEMBER FRANZA.
I THINK, UM, SORT OF MY INTENTION BEHIND ASKING ABOUT LIKE THE APPEALS PERIOD IS, UM, THIS ALL FEELS LIKE WE'RE TRYING TO MOVE MAYBE A LITTLE QUICKLY AFTER HAVING, UH, IDENTIFIED AN ISSUE.
AND SO I WAS JUST WONDERING, UH, SORT OF IF THERE, SO I WOULD AGREE THAT A STOP GAP MEASURE MAKES SENSE BECAUSE, UM, IF WE WANT TO LIKE HAVE EVERYONE FULLY INFORMED, BECAUSE I'M NEWER TO THE BOARD AS WELL AND LIKE TRYING TO GET A GOOD SENSE OF WHAT'S, WHAT'S GOING ON HERE.
I THINK IF, IF THERE'S NOT LIKE 10 YEARS OF OPINIONS OR DECISIONS THAT MIGHT BE OVERTURNED, UM, I, I WAS JUST WONDERING LIKE WHAT IS, I GUESS WHAT IS THE, LIKE HOW URGENT IS IT? LIKE IS THIS TONIGHT WE HAVE TO MAKE AN ACTION OR CAN WE MAYBE SOME OF US HAVE AN OPPORTUNITY TO GET A LITTLE MORE, UH, INFORMATION ON THIS BEFORE WE TRY TO, YOU KNOW, RESOLVE IT, IT AFFECTS OUR VOTES TONIGHT WE HAVE AN ALTERNATE.
IS THERE MADAM CHAIR, IS THERE A WAY TO MAKE A MOTION, UH, BASED ON OUR RULES AND PROCEDURES FOR RESOLVING AMBIGUOUS AND CONFLICTING RULES AS
[00:45:01]
ROBERT RULES OF ORDER AND STATE THAT IT IS AN INTERIM ACTION TO GIVE THE LEGAL TEAM AND OPPORTUNITY TO, BECAUSE THAT WAY IT WON'T BE A PERMANENT THING, BUT IT WILL GIVE YOU THE LEGAL TEAM AN OPPORTUNITY TO COME BACK.I THINK FROM A PARLIAMENTARY PERSPECTIVE, OUR ONLY OPTIONS WOULD BE TO VOTE IT INTO THE RULES OF PROCEDURES AND THEN REMOVE IT AT THE NEXT MEETING.
SO LEAVE IT ON THE, I THINK THAT WOULD PROBABLY WORK IF WE WANTED TO DO IT THAT WAY.
WHATEVER THE FLAVOR OF THE BOARD IS.
UH, BOARD MEMBER VENO, WE'RE STILL ON ITEM NUMBER 12.
SO I THINK YOU'RE, YOU'RE MIGHT BE JUMPING AT A LITTLE BUT WELL ITEM BECAUSE WE HAVE A MOTION IN A SECOND.
WELL, I, UH, BOARD MEMBER SMITH, WAS THAT A SUBSTITUTE MOTION OR ARE YOU OKAY IF MAYBE WE TABLE THIS AND TALK, DISCUSS THE TEMPORARY VOTE LATER ON SO I CAN GO AHEAD AND GET THIS CASE HEARD? YEAH, WITH A IS A SUBSTITUTE MOTION TO POSTPONE? YEAH, IT'S A MOTION TO POSTPONE.
IS THERE A SECOND? I'LL SECOND.
I WOULD LIKE TO ADD THAT I GUESS I'M A LITTLE CONCERNED MORE TO THE VICE CHAIR'S POINT THAT WE DO HAVE TWO NEW MEMBERS WHO ARE HERE AND ALREADY IN OVER THEIR HEAD OVER THIS.
AND I'M SORRY, I'M NOT TRYING TO DEMEAN Y'ALL OR PUT YOU DOWN AT ALL.
THIS IS JUST A VERY COMPLICATED SUBJECT AND WE, WE, WHICH IS WHY WE SORT OF BE THE ANSWER BECAUSE THERE'S A VERY STRONG CHANCE WE'RE GONNA HAVE NEW BOARD MEMBERS AT THE NEXT MEETING AND THEN WE HAVE TO START ALL OVER AGAIN.
MADAM CHAIR, I'D LIKE TO CLARIFY, I AM ON ITEM 12, WHICH STATES DISCUSSION AND POSSIBLE ACTION REGARDING BOARD VACANCIES.
THE MOTIONS THAT ARE BEING MADE ARE THE POSSIBLE ACTION.
UH, I DON'T THINK WE DEVIATED FROM THAT AT THIS POINT.
MY ONLY ISSUE WITH THE POSTPONEMENT IS WE'VE GOTTA DO SOMETHING TONIGHT BECAUSE WE HAVE THIS ISSUE TONIGHT.
DO WE HIT QUORUM WITHOUT THE ALTERNATES? IT'S MY UNDERSTANDING THE ALTERNATE IS SERVED IS IS REPLACING THAT.
THERE'S A BOARD MEMBER THAT'S ABSENT.
THAT'S, SO THAT'S FROM NICOLE WADE? YEAH, THAT'S CORRECT.
SO THE BOARD WHEN IT VOTES HAS TO HAVE A 75% VOTE FOR SUPER MAJORITY.
IF THERE ARE NINE MEMBERS, OR SORRY, 11 MEMBERS, IT'S NINE.
RIGHT? IF THERE'S ONLY GOING TO BE 10 OF US BECAUSE WE HAVE THE VACANCY IN DISTRICT FOUR RIGHT NOW IT BECOMES EIGHT.
SO I DON'T KNOW IF WE DO THIS TEMPORARY MEASURE MAKING IT TO WHERE THE ALTERNATE CAN ALWAYS VOTE REGARDLESS OF WHETHER OR NOT IT'S A VACANCY OR NOT.
THEN IT CHANGES THE SUPER MAJORITY.
THE THE VACANCY WOULD BE EIGHT UNDER THE DEFINITIONS, SO IT WOULD STILL BE EIGHT.
WE'D HAVE TO CHANGE THAT PART TOO, I THINK.
BUT, BUT UNDER, UNDER THE HANDY DANDY CHART, NICOLE IS NOT MISSING THREE MEETINGS AND IS NOT, YOU KNOW, UNDER THE HANDY DANDY TODAY CHART.
SO IS IT, IS IT NINE, IS IT EIGHT? IS IT, YOU KNOW, THIS IS, THIS BECOMES, IT WOULD BE EIGHT IF IT STANDS RIGHT NOW BECAUSE OF THE DISTRICT FOUR VACANCY AND WE COULD ONLY HAVE 10 MEMBERS VOTING.
SO SORRY TO ADD A POTENTIAL WRINKLE TO THIS, BUT IF I'M THE ALTERNATE, AM I ALLOWED TO VOTE ON DECISIONS ABOUT THE RULE OF THE ALTERNATE
SO ANY OTHER QUESTIONS? WE DO HAVE A MOTION TO POSTPONE.
WE HAVE A MOTION TO AMEND THE RULES OF PROCEDURE WITH A SUBSTITUTE MOTION TO POSTPONE MADE BY BOARD MEMBER SMITH.
I WILL GET THIS SECONDED BY SHANI.
HE'S THE FIRST WE'RE GOING TO VOTE ON THE POST.
WELL, WE NEED A, A DATE BOARD MEMBER SMITH JUST TILL NEXT MONTH'S MEETING OR YEAH, NEXT MONTH'S MEETING.
AND I JUST WANT TO CLARIFY FOR EVERYONE AS I UNDERSTAND IT, WE DO HAVE, HAVE ONE MATTER UP FOR VOTE AND, UH, AT LEAST, UH, IF VARIANCE MATTER AND, UM, WE'VE GOT ENOUGH PEOPLE TO VOTE ON THAT AND WE NEED, WE NEED, WE NEED EIGHT VOTES TO, TO, UH, GET TO GO AHEAD.
[00:50:01]
IS THAT CORRECT? CORRECT.SO WE WE CAN, WE CAN ACT TONIGHT, CORRECT? YEAH.
AND ALSO FOR THE NEW MEMBERS, SIX IS A QUORUM FOR US.
SIX IS ALSO THE NUMBER OF VOTES FOR SIGNED CASES AND THOSE ARE JUST MAJORITY, NOT SUPER MAJORITY VOTES.
BUT RICHARD, ARE YOU SAYING THAT YOU DON'T WANNA POSTPONE THAT YOU WANNA GO AHEAD AND VOTE ON MICHAEL'S MOTION? NO, I, NO, THE, THE OBJECTION TO POSTPONING I UNDERSTOOD WAS THAT WE COULDN'T DO ANYTHING TONIGHT BECAUSE OF, AND I'M JUST CLARIFYING THAT WE CAN, WE CAN ACT TONIGHT.
NO, IT WAS THAT WE WANTED TO CLEAN UP SOME OF THE LANGUAGE.
I DON'T THINK WE SHOULD DO IT TONIGHT.
THEY SHOULD GET IT IN WRITING.
WE SHOULD LEGAL HELP US WITH IT AND THEN WE CAN VOTE ON IT NEXT MEETING.
WE DON'T NEED TO KNOW IT TONIGHT.
SO AGAIN, THIS WAS A MOTION TO AMEND THE RULES AND PROCEDURES MADE BY BOARD MEMBER VAN OLAN SECONDED BY VICE CHAIR HAWTHORN.
WAS IT YOU? NO, I DID, NO, SORRY.
SECONDED BY BOARD MEMBER BAILEY.
SO I JUST NEED THAT FOR MY RECORDS.
WAS THE SECOND WITH A SUBSTITUTE MOTION TO POSTPONE TO MAY 8TH MADE BY BOARD MEMBER SMITH, SECONDED BY BOARD MARIN BY SHANI.
SHE IS A ROCKSTAR, ISN'T SHE?
SO LET'S GO AHEAD AND VOTE ON THE POSTPONE FIRST.
BROOKE BAILEY, COME BACK TO ME.
ONE OF THESE TIMES ARE COMMA RICHARD SMITH.
DOES THAT COUNT AND KELLY BLOOM? YES.
JESSICA, JESSICA, DID I MISS THE JESSICA BURKE? BROOKE.
THERE ITS NO, SO THAT WAS 1, 2, 3, 4, 5, 6, 7, 8, 19.
WE GO BACK TO THE ORIGINAL MOTION, UH, WHICH IS TO AMEND THE RULES AND PROCEDURES.
I JUST WROTE SOMETHING DOWN HERE.
UH, A MOVE TO IMPLEMENT ROBERT TRU OF ORDER TO RESOLVE AMBIGUOUS AND CONDUCT CONFLICTING RULES AS IT RELATES TO ALTERNATES.
AND MOVE THAT DULY SWORN MEMBERS WHO SERVE AS ALTERNATES HAVE THE LEGAL AUTHORITY TO SERVE IN CASE OF VACANCY OR IF MEMBERS ARE TEMPORARILY ABSENT AND UNABLE TO ATTEND A GIVEN MEETING AND BE DULY AMENDED IN THE BOARD OF ADJUSTMENT RULES AND PROCEDURES.
AND YOU'VE GOT THAT ALL WRITTEN DOWN SO YOU CAN EMAIL IT.
SO WE'RE GONNA GO AHEAD AND CALL THE VOTE ON THAT ONE.
THIS AGAIN IS A MOTION TO AMEND THE RULES AND PROCEDURES MADE BY A BOARD MEMBER JUAN OWEN.
SECONDED BY BOARD MEMBER BAILEY.
EXECUTIVE, RIGHT? NOT QUITE, BUT
THAT MOTION PASSES NINE TO ONE.
UH, SO I'LL BE ENTERING THIS INTO, OKAY, PERFECT.
AND WE CAN DISCUSS IT WHEN WE GET TO ITEM 13.
SO LET'S MOVE ON WITH THE AGENDA.
THANK YOU SO MUCH FOR YOUR TIME AND THE HARD WORK Y'ALL PUT INTO THIS
I'M SURE WE'LL BRING, DO IT AGAIN.
A COUPLE OF QUICK HOUSEKEEPING NOTES FOR Y'ALL TOO THAT I FORGOT TO MENTION IN THE BEGINNING CUZ IT'S, BUT UM, OKAY.
[00:55:01]
OFF YOUR CELL PHONES IF YOU HAVEN'T ALREADY.I FIGURED YOU KNOW THAT ONE, UM, AFTER YOUR KISS IS OVER, IF YOU HAVE QUESTIONS, UH, FEEL FREE TO FOLLOW UP WITH ELAINE TOMORROW VIA EMAIL OR PHONE.
UM, WHEN YOU'RE ADDRESSING THE BOARD, PLEASE.
WELL, I DON'T SEE ANY OPPOSITION.
IF YOU HAVEN'T GOTTEN YOUR PARKING TICKET STAMP, GET IT VALIDATED RIGHT THERE.
YOU JUST PUT THE NUMBER ON THE PIECE OF PAPER AND STAMP IT AND THAT WAY YOU DON'T HAVE TO PAY ON YOUR WAY OUT.
UH, FOR WHOEVER'S GOING TO BE TESTIFYING TONIGHT TO THE BOARD, I NEED YOU TO PLEASE STAND AND TAKE YOUR OATH.
DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE? THANK YOU.
I HAVE ONE APPROVAL OF THE MINUTES FROM MARCH 13TH, 2023.
MOTION TO APPROVE MADE BY VICE CHAIR HAWTHORNE.
SECONDED BY BOARD MEMBER BAILEY, ANY COMMENTS OR DISCUSSION? DEBATE.
[APPROVAL OF MINUTES]
MOTION TO APPROVE THE MINUTES.I'M, I'M GONNA FIGURE OUT HOW TO REMEMBER IT.
IT'S GONNA BE KIND OF LIKE A CROSS.
BETWEEN CHER AND GWEN STEFANI IN MY MIND.
OKAY, SO YOU GOT LIKE TWO ROCK STARS TOGETHER.
I DID WATCH THE VI UH, THE VIDEO IN DETAIL.
OKAY, THE MINUTES ARE APPROVED.
[2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda]
ITEM TWO WILL BE, UH, DISCUSSION OF STAFF AND APPLICANT REQUEST FOR POSTPONEMENT AND WITHDRAWAL OF PUBLIC HEARING CASES POSTED ON THE AGENDA.WE ARE, WE HAVE REQUEST TO WITHDRAW ITEMS C 15 20 23.
ONE DAVID WEBBER FOR GAIL GEIGER, 9 0 6 EBONY STREET AND C 15 20 2314.
GARY AND MELISSA PRESS 1 12 4 CRESTWOOD ROAD.
SO THOSE ARE ITEMS FOUR AND FIVE.
DO I HAVE A MOTION, MOTION TO ACCEPT THOSE WITHDRAWALS AND TAKE ACTION ON THE CASE OR DO WE NEED A VOTE ON WITHDRAWAL? NO, JUST USUALLY NOT, BUT YEAH, YOU ASKED, WE'LL JUST WITHDRAWS DONE.
YOU, YOU SAID THEM INTO THE MICROPHONE, WHICH IS APPROPRIATE THAT AN ACTION WAS TAKEN ON.
OKAY, SO MOVING ON FROM THERE WILL BE ITEM
[3. C15-2023-0018 Emma Esparza and Cavan Merski 3204 Lafayette Avenue]
THREE C 15 20 23 0 18, EMMA ESPARZA AND KEVIN MURKY FOR 32 0 4 LAFAYETTE AVENUE.UH, PLEASE COME UP TO THE PODIUM.
WE'LL GET YOUR PRESENTATION PULLED UP.
YOU'LL STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES TO SPEAK.
AND WHEN YOU'RE READY FOR HIM TO CHANGE SLIDES, JUST SAY NEXT SLIDE PLEASE.
PLEASE STATE YOUR NAME FOR THE RECORD.
I'M THE OWNER OF 32 0 4 LAFAYETTE, ALONG WITH MY WIFE EMMA ESPARZA.
WE ARE APPLYING FOR TWO VARIANCES TO BUILD A SECOND UNIT ON OUR, UM, ON OUR LOT WITH AN EXISTING HOME.
UH, THE EXISTING HOME IS 1,648 SQUARE FEET.
WE WANNA BUILD A SECOND UNIT, BUT BECAUSE OF VARIOUS HARDSHIPS WE CAN'T FIT THE ADU.
UM, AND SO WE WANT TO DEMOLISH PART
[01:00:01]
OF THE EXISTING HOME AND DESIGNATE IT AS THE SECONDARY UNIT OR ADU IN FRONT BONITA VARIANCE, UH, BECAUSE BY CODE IT'S REQUIRED TO BE BESIDE IT OR BEHIND IT.AND THEN ALSO WE WE'RE ASKING FOR 58 MORE SQUARE FEET ON THE ADU.
THEN OUR LOT CAN SUPPORT, UM, SO THAT WE CAN SAVE AS MUCH OF THE ORIGINAL HOME AND FOOTPRINT AS POSSIBLE.
WE HAVE A POWER LINE RUNNING THROUGH THE BACKYARD, UM, WHICH HAS A LARGE, HAS A 15 FOOT RADIAL SETBACK AND COMBINED WITH THE FOUR PROTECTED TREES AND ONE 18 INCH TREE THAT WE'RE TREATING AS PROTECTED.
UM, AND THEY'RE CRITICAL ROOT ZONES AS WELL AS THE OTHER SETBACKS FROM THE REAR AND THE EXISTING HOME.
THERE ISN'T ANY SPACE TO OR ENOUGH SPACE TO PUT A SECOND UNIT.
UM, ALSO OUR HOME EXEMPLIFIES THE CHARACTER OF THE NEIGHBORHOOD AND, UM, THROUGH THE CHERRYWOOD NEIGHBORHOOD DESIGN GUIDELINES AND THE OUR NEIGHBORHOOD PLAN, UM, MERIT'S PRESERVATION.
SO WE WANT TO PRESERVE THIS HOME, UM, WITHOUT, UM, GETTING THE FRONT HOME DESIGNATED AS THE ADU.
WE WOULD HAVE TO EITHER, UM, MAKE IT TWO STORIES OR DEMOLISH IT TO GET A SECOND UNIT IN THE BACK.
UM, THIS SLIDE SHOWS THE POWER LINE CONSTRAINT WE'RE FACING IN THE BACKYARD.
UM, YOU CAN SEE THE RADIAL SETBACK AND THE TWO 10 FOOT SETBACKS.
UM, DON'T ALLOW, UH, A TWO-STORY ADU IN THAT FOOTPRINT.
AND SINCE IT'S SUCH A SMALL FOOTPRINT, UM, IT DOESN'T ALLOW A LARGE ENOUGH STRUCTURE.
THIS IS FROM THE OTHER SIDE, UM, WITH JUST SUPERIMPOSED GRAPHICS, BUT IT SHOWS THE SAME THING.
YOU CAN ALSO SEE THE LARGE TREES ON THE LOT.
UM, THERE'S A SLIDE PLAN THAT WILL SHOW THE CRITICAL ROOT ZONES AND A FEW SLIDES.
UM, HERE YOU CAN SEE THE TWO, UH, UH, ADDITIONS TO THE HOME WE'RE GOING TO REMOVE SO THAT THE SQUARE FOOTAGE IS REDUCED TO 1100 SQUARE FEET.
UH, YOU CAN SEE THE ORIGINALS, THE HOME FROM THE, THE FIRST ROOF LINE THERE.
UM, WE'RE PRESERVING THAT AND JUST ANOTHER FOOT OR TWO, UH, TO REACH 1100 SQUARE FOOT ON THE ORIGINAL HOME IN AU.
NOW THESE ARE JUST A COUPLE MORE SLIDES SHOWING WHERE THE ORIGINAL HOMES IN THE ADDITIONS MEET.
AND THIS IS, YEAH, THE OTHER SLIDE.
UM, FOR CONTEXT, UH, THESE ARE ALL THE HOMES ON OUR STREET AND IN THIS SLIDE AND THE NEXT ONE.
AND, UM, YOU CAN SEE THAT OUR HOME CONTRIBUTES ALONG WITH THESE TO THE HISTORIC CONTEXT, UH, IN SCALE AND ARCHITECTURAL STYLE.
SO ALL THE HOMES, UM, ARE OF THIS PERIOD AND SCALE AND WE WOULD LIKE TO PRESERVE THEM EXCEPT ON THE NEXT SLIDE.
UM, ONE OUR NEXT DOOR NEIGHBOR, UM, WAS RECENTLY DEMOED, BUT THE REST, SO IT CONTRIBUTES TO A VERY, UM, STRONG CHARACTER AND CONTEXT ON THE STREET.
UM, BEYOND THAT, IT'S VERY COMMON, UH, IN THE AREA TO HAVE ITS TWO STORY, UH, UNIT IN BEHIND A SMALLER ONE STORY UNIT.
SO WE'VE DOCUMENTED THESE, UM, WITHOUT TRESPASSING.
IT'S A LITTLE HARD TO SEE SOME OF 'EM, BUT ALL OF THEM DO HAVE A TWO STORY IN THE BACK IF YOU KINDA LOOK IN THE CORNERS.
UM, AND THEN THE NEXT SLIDE YOU CAN SEE THERE'S AT LEAST NINE WITHIN A FEW BLOCKS OF US.
UM, THESE ARE JUST PROPOSED FOOTPRINTS FOR THE NEW PRIMARY UNIT AND YOU CAN ALSO SEE THE EXISTING STRUCTURE SUPERIMPOSED AS WELL AS THE, UM, 1100 SQUARE FOOTPRINT OF THE ORIGINAL HOME.
ON THIS YOU CAN ALSO SEE ALL THE CRITICAL ROOTS INS OF THE PROTECTED TREES, UM, AND HOW THEY, UH, INTERACT WITH THE, THE SETBACKS.
ALSO IN THE BACK, THERE'S THE 10 FOOT REAR, BUT THEN IN FRONT OF THAT WHERE, UM, THE PROPOSED PRIMARY UNIT IS, UM, UP AGAINST IS THE 15 FOOT SETBACK FROM THE POWER LINE.
UM, WE THINK THE NEIGHBORHOOD PLAN, THE CHERRYWOOD NEIGHBORHOOD OR THE UPPER BOBBY, UPPER BOGIE CREEK NEIGHBORHOOD PLAN AND THE CHERRYWOOD NEIGHBORHOOD ASSOCIATION DESIGN GUIDELINES STRONGLY SUPPORT PRESERVING THE STRUCTURE.
AND IF YOU COULD JUST WRAP IT UP IN ONE SECOND PLEASE.
WE HAVE SUPPORT FROM ALL IMMEDIATE NEIGHBORS, UM, AN EMAIL AND THE NEIGHBORHOOD ASSOCIATION AND THE HISTORIC PRESERVATION OFFICER, WHICH IS IN ALL THE SLIDES AFTER THIS.
UM, AS WELL AS MANY OTHER NEIGHBORS.
IS THERE ANY OPPOSITION MADAM CHAIR? WE HAVE SOMEONE VIRTUAL.
[01:05:01]
MR. DAR, CAN YOU HEAR US? IT'S A, SHE, SHE, MS. MSAR, IS SHE ON THE LINE OR HOPEFULLY CALLER, CAN YOU UNMUTE? UM, OKAY.I THINK THE MUTE WAS HAPPENING ON Y'ALL'S END, BUT ANYWAY, I WAS PUSHING MY MUTE BUTTON AND IT DIDN'T.
UH, PLEASE STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES.
UM, I RECEIVED NOTICE OF THE PROPOSED VARIANCE, UM, AND I PRIMARILY JUST WANT TO RAISE A CONCERN THAT I HAD IN TERMS OF THE APPLICATION, UM, IN TERMS OF IT BEING DES THE ORIGINAL HOUSE BEING DESIGNATED AS THE SECONDARY GLOWING UNIT.
UH, IF IT HAS THAT D DESIGNATION, MY READING OF THE CODE WAS THAT IT WOULD NOT BE SUBJECT TO THE 30 DAY LIMITATIONS THAT'S REQUIRED FOR SHORT TERM RENTALS.
UM, THE CODE, UH, 25 2 7 74, SUBSECTION C6, UH, SAYS THAT, UH, FOR SECONDARY UNITS CONSTRUCTED AFTER OCTOBER 1ST, 2015, THEY CANNOT BE USED FOR A SHORT TERM RENTAL FOR MORE THAN 30 DAYS IN A CALENDAR YEAR.
AND SO THIS HOUSE WAS IN FACT, CONSTRUCTED IN 1939.
SO MY READING WAS THAT, UH, BECAUSE OF THAT CONSTRUCTION DATE, UM, AND ITS DESIGNATION AS A SECONDARY UNIT, IT WOULD BE ALLOWED TO BE A SHORT TERM.
IT WOULDN'T HAVE ANY LIMITATIONS ON HOW LONG IT COULD BE USED AS A SHORT TERM RENTAL.
UM, SO I JUST WANTED TO BRING THAT, UH, TO THE ATTENTION OF THE BOARD.
UM, I WOULD PREFER IF POSSIBLE, I DON'T KNOW THE BOARD'S, UH, AUTHORITY, IF THEY COULD GRANT THE VARIANCE, UH, WITH THE CONDITION THAT IT IS, IS SUBJECT TO SUB SUBSECTION C SIX.
NOT BECAUSE I HAVE ANY CONCERNS ABOUT WHAT THE INTENTS ARE OF THE CURRENT OWNERS.
IN FACT, I, I APPLAUD THEIR EFFORTS AND I'M VERY EXCITED ABOUT WHAT THEY'RE, UH, TRYING TO DO.
UM, I JUST HAVE CONCERNS THAT IN THE FUTURE IF THE HOUSE IS SOLD OR SOME INVESTOR OR DEVELOPERS ARE LOOKING, UH, TO MAKE IT INTO A MONEY MAKING, UH, ENDEAVOR, THAT THEN IT WILL, YOU KNOW, CIRCUMVENT OR FIND A LOOPHOLE IN THESE REGULATIONS BY DOING, UH, BY, BY SETTING OUT THIS ARGUMENT THAT I SEE HERE.
UM, SO AGAIN, I, I WOULD REQUEST THAT IF YOU CAN APPROVE THE VARIANCES WITH THE CONDITION THAT IT IS SUBJECT TO SUBSECTION C SIX AND, AND, AND AGAIN, APPRECIATE THE EFFORTS OF THE NEIGHBORS CAUSE OF, OF THEIR EFFORTS TO TRY TO PRESERVE THE NEIGHBORHOOD.
IF THE BOARD DOES NOT HAVE THE AUTHORITY TO AMEND THE VARIANCE AS I REQUESTED, AS REQUESTED, UH, THEN I STILL WHOLEHEARTEDLY APPROVE OR WOULD SUPPORT THAT THE VARIANCES BE GRANTED.
UH, BECAUSE PRESERVATION OF THE NEIGHBORHOOD IS CRITICAL AND, YOU KNOW, ANYTHING THAT CAN BE DONE TO STOP DEVELOPERS FROM PUTTING MORE, UH, SQUARE BOXES, TEARING DOWN OLD HOUSES AND PUTTING IN SQUARE BOXES AS HOUSES.
UM, MS. HAIDAR, COULD YOU STAY ON THE LINE FOR QUESTIONS, PLEASE? SURE.
UH, I, YOU WILL HAVE A THREE MINUTE REBUTTAL IF YOU CHOOSE TO USE IT.
SORRY, TWO MINUTE, TWO MINUTE REBUTTAL.
YEAH, WE ARE TOTALLY FINE WITH, UM, AMENDING THE APPLICATION WITH THE ADU, UM, LIMITATION TO 30 DAYS SHORT TERM RENTAL.
I DIDN'T FORESEE THAT WHEN I APPLIED OTHERWISE.
UM, I ASSUME THAT WOULD BE THE CASE.
SO, UM, YEAH, APPRECIATE THE SUPPORT AND WE'RE ON THE SAME PAGE AS FAR AS AMENDING TO, UM, HAVE A LIMIT OF 30 DAYS SDR ON THE ADU, LIKE ANY OTHER ADU BUILT UP THROUGH 2015.
GOING TO GO AHEAD AND CLOSE THE PUBLIC HEARING CHAIR, UH, DEBATE DISCUSSION.
MR. BOARD MEMBER V MR. ROGERS AND DOESN'T HAVE TO STAY ON HER SHE LAW.
YEAH, WELL, FOR, FOR THE LADY ON THE PHONE, THE, THE CITIZEN ON THE PHONE, SECTION B ITEM FOUR, UH, UNDER CONDITIONS THE BOARD MAY IMPOSE REASONABLE CONDITIONS ON HIS ZONING VARIANCE TO DIRECTLY MITIGATE THE IMPACTS OF APPROVING THE VARIANCE ON SURROUNDING PROPERTIES OR ARE OTHERWISE NECESSARY IN ORDER FOR THE BOARD TO MAKE ONE OR MORE OF THE FINDINGS REQUIRED UNDER RULE
[01:10:01]
THREE.SO THAT BASICALLY ANSWERS YOUR QUESTION.
YES, WE CAN PUT CONDITIONS AS FAR AS YOU'RE CONCERNED ABOUT IF SOMEBODY ELSE IS GOING TO MOVE INTO, UH, THE, THE HOME AND THEN CHANGE IT.
UH, THIS DOES APPLY ONLY FOR THE USE, WHICH OF VARIANCE IS GRANTED AND DOES NOT RUN WITH THE LAND, UH, ON WHICH IT IS LOCATED.
SO THAT'S, THAT'S THE ONLY THING.
AND I DO KNOW BASED ON, I'M GONNA MAKE A MOTION TO APPROVE BECAUSE WE HAVE A, WE HAVE DONE THIS MULTIPLE TIMES WHERE WE FLIPPED THEM IN ORDER TO KEEP THE AIR CHARACTER.
AND YOU GU YOU GUYS DID A REALLY GOOD JOB ON, ON BRINGING THIS BEFORE THE BOARD AND EVEN HAVING THE ASSOCIATION SUPPORT AND EVERYTHING ELSE.
UH, SO, UH, AND I, AND I THINK APPROVING THIS VARIANCE WILL ALSO KEEP THE AREA CHARACTER BASED ON WHAT WE'VE SEEN AND INVESTIGATED HERE.
SO I WILL HAVE A MOTION TO APPROVE.
UM, MICHAEL, ARE YOU GONNA KEEP THAT SAME 30 DAY? UH, YES.
YEAH, WE CAN, WE CAN, UH, AMEND IT FOR SUBSECTION, UH, C6 FOR THE 30 DAY TIME.
IS THAT BUT, UH, MY TIME UP? NO, GUYS, GUYS.
OKAY, SO YOU'RE NOT GONNA DO EASY ON THE, YOU'RE NOT GONNA DO NO SCRS AT ALL THEN? UH, WELL IF, IF THAT'S A FRIENDLY AMENDMENT, I CAN ACCEPT IT, BUT I DON'T THINK IT'S REALLY NECESSARY IF YOU'RE NOT GOING TO I WAS GOING TO, YEAH.
YEAH, BECAUSE CITY COUNCIL'S BEEN VERY CLEAR HOW THEY WANT US TO INCREASE IS HOUSING STOCK.
SO THAT IS PERFECTLY ACCEPTABLE FOR, I MEAN, AND THAT'S WHAT WE'VE DONE ON ALL THE OTHER ONES.
YES, WE'VE DONE NO STRS AND ALL THE OTHER ONES THAT WE'VE GRANTED THESE VARIANCES WHEN PEOPLE COME IN AND ASK US FOR VARIANCES BECAUSE, UM, WE ARE, THIS COULD BE A GOOD SMALLER SIZE STARTER RENTAL PLACE FOR SOMEBODY INSTEAD OF A STEADY STREAM OF PEOPLE JUST COMING IN.
AND SO CUZ THAT'S WHAT WE NEED IS, IS SOLID HOUSING STOCK IN AUSTIN.
QUESTIONS, DISCUSSION? DO WE SEE ANY HANDS? OKAY, WELL WE DO HAVE A MOTION TO APPROVE, UH, WITH THE CONDITION OF NO STR CORRECT ON THE AMENDMENT CORRECT MADE BY BOARD MEMBER VON OLAND, SECONDED BY VICE CHAIR HAWTHORNE.
LET'S GO AHEAD AND CALL THE VOTE REASONABLE USE REASONABLE USE FINDINGS.
THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE CRITICAL ROOT ZONES OF PROTECTED TREES AND LARGE UNPROTECTED TREES AND, AND THE RADIAL SETBACK FROM THE POWER LINES AT THE BACK OF THE HOUSE INHIBIT THE CONSTRUCTION OF THE SECONDARY UNIT HARDSHIP.
THE HARDSHIP FOR WHICH A VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT THE 1939 HOME EXEMPLIFIES THE CHARACTER OF THE STREET NEIGHBORHOOD IN AT LARGE AND IS WORTH PRESERVING IN SCALE AND ARCHITECTURAL FORM.
FOR CNA DESIGN GUIDELINES, ONE LARGE CEDAR ELM AND THREE PROTECTED HERITAGE SIZE POST OAK AND CEDAR ELM TREES PREVENT CONSTRUCTION ON THE NORTH AND SOUTH SIDES OF THE LOT AND A POWER LINE RUNNING THROUGH THE, UH, RUNNING ACROSS THE REAR OF THE LOT SPANS ONLY TWO BLOCKS REQUIRES A 15 FOOT SETBACK.
HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH PROPERTY IS LOCATED BECAUSE MOST LOTS IN THE AREA ARE NOT CONFINED BY THE COMBINATION OF HISTORIC HOME THAT MARRIAGE PRESERVATION.
FOUR LARGE TREES WITH CRITICAL ROOT ZONES AND THE REAR POWER LINE SETBACK AREA CHARACTER.
THE CHARACTER, THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY, WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE THIS VARIANCE IS TO PRESERVE THE STREET FRONT COTTAGE AND ALLOW FOR PRINCIPAL STRUCTURE AT THE REAR, WHICH CONTRIBUTES TO WHAT IS LEFT OF THE NEIGHBORHOOD'S ARCHITECTURAL CHARACTER, SCALE AND VALUES.
AND YOU, I WANNA ALSO COMMEND YOU ON WRITING SOME VERY GOOD FINDINGS.
LIKE, I DON'T KNOW WHAT YOU DO FOR A LIVING OR IF YOU JUST WATCHED OR IF ELAINE COACHED YOU, BUT IT WAS A GREAT PACKET.
OKAY, SO WE DO HAVE THE MOTION TO APPROVE AGAIN, MADE BY BOARD MEMBER VANK, SECOND BY VICE CHAIR HOFFLER.
AND THANK YOU FOR ALL YOUR WORK ON YOUR PACKET CUZ IT REALLY WAS, YOU HAVE NO IDEA.
AND THANK YOU FOR TRYING TO SAVE THAT HOUSE IN THE FRONT.
I APPRECIATE YOU LIKE WORKING WITH EVERYBODY AND IT'S VERY RARE WE GET TO SEE THAT.
[01:15:01]
YES.[6. Discussion of the March 13, 2023 BOA activity report]
ITEM SIX.DISCUSSION OF THE MARCH 13TH, 2023 BOARD OF ADJUSTMENT ACTIVITY REPORT.
IT'S BEAUTIFUL EVEN THOUGH I CAN'T SEE IT RIGHT AT THIS MOMENT.
AND THANK Y'ALL FOR KEEPING UP WITH THAT AND WE REALLY APPRECIATE IT.
[7. Discussion regarding future training for board members]
SEVEN DISCUSSION REGARDING FUTURE TRAINING FOR BOARD MEMBERS.I THINK MAYBE I'M GOING TO RECOMMEND WE TABLE OR MEETING.
CAN WE POSTPONE THAT MEETING? YEAH.
WE ARE ABOUT TO GET NEXT MEETING.
I WOULD LIKE TO SAY THAT WE DID HAVE SOME TRAININGS THAT KIND OF CAME AFTER COVID THAT HAD SOME REALLY GOOD TOPICS THAT WERE AVAILABLE THAT ELAINE MIGHT BE KIND ENOUGH TO SEND OUT.
UM, WE GET A LOT OF LIKE AUSTIN CASES AND THEY'RE HARD, UM, TO UNDERSTAND.
JUST IN GENERAL, THE WATERSHED TRAINING WAS SUPER BENEFICIAL AND SO, UH, AND THEN WE'VE HAD 'EM ON HARDSHIP AND THIS, THAT AND THE OTHER AND WE, THEY GOT TELEVISED OR NOT TELEVISED, BUT RECORDED.
SO IT MIGHT BE HELPFUL IF YOU FEEL THE NEED TO BRUSH UP ON A LITTLE LAND DEVELOPMENT CODE IN YOUR SPARE TIME BECAUSE I KNOW EVERYBODY WANTS TO KNOW LAND DEVELOP.
DO YOU MEMBERS TO THE BOARD? UH, YES.
THAT BROOKE JUST SAYS THAT CUZ SHE THINKS SHE'S JUMPING OFF THIS SHIFT.
[8. Discussion regarding Senate Bill 491]
DISCUSSION REGARDING, REGARDING SENATE BILL 4 91.AND I'M GONNA JUST GO AHEAD AND ADMIT I HAVE NOT LOOKED AT TLO TO GET UPDATE ON THIS COMMITTEE.
IT'S OUT OF COMMITTEE, RIGHT? YEAH, I THINK IT'S DEAD.
I KNOW THAT WELL, I'M NOT SURE HOW TO BRING THIS UP, BUT THERE IS ANOTHER HOUSE BILL THAT I THINK IS GONNA AFFECT US MORE IF IT COMES OUT.
AND THAT IS THE FOR, UH, NEXT MEETING.
YEAH, I JUST, I GUESS I COULD DO THAT IN A FUTURE AGENDA.
[9. Discussion and possible action regarding Election of Officers]
DISCUSSION AND POSSIBLE ACTION REGARDING ELECTION OF OFFICERS.I WOULD LIKE TO NOMINATE MADAM CHAIR JESSICA COHEN DOING SUCH A GREAT JOB TO SERVICE OUR CHAIR AGAIN AND MELISSA AS VICE CHAIR, I WOULD LOVE TO SECOND THAT ONLY BECAUSE JESSICA HAS PERFECT ATTENDANCE.
WELL, AND IF YOU WANNA POSTPONE THIS AND SO YOU GET SOME NEW PEOPLE, I'M, YOU KNOW, I'M HAPPY TO GIVE THIS JOB AWAY.
WHEN I NOMINATED
HE, HE'S LIKE, HE UNDERSTANDS SWING ZONE.
UH, OKAY, SO WE'VE GOT A, DO I HAVE TO CALL ROY? I WOULD LIKE TO MAKE A MOTION THAT REMOVED BY AFFIRMATION.
SO THE ORIGINAL MOTION IS I STATE CHAIR AND VICE CHAIR HAWTHORNE STATES VICE CHAIRS.
IF THERE'S NO OBJECTION, WE'LL DO THIS AS A VOTE OF AFFIRMATION.
IT KEEPS GOOD CONTINUITY MADAM CHAIR.
SHE'S JUST LAUGHING CUZ SHE'S, SHE THINKS SHE'S LEAVING.
YOU KNOW, SPEAKING OF OFFICERS, WE COULD TECHNICALLY RIGHT INTO THE RULES THAT WE NEED A PARLIAMENTARIAN AND THERE'S A GUY DOWN THERE ON THE END WHO SEEMS PRETTY GOOD AT IT.
I DON'T KNOW IF ERICA WOULD WANT ME TO SIT NEXT TO HERE.
THERE'S NOTHING IN OUR, I THINK IT WOULD TAKE A BY.
WELL THAT'S LIKE A BYLAW RULE OF RULES OF PROCEDURE AMENDMENT FOR OFFICER.
I THINK THAT WOULD BE, I THINK THE, THE SCOPE OF THIS ITEM RIGHT NOW IS THE ELECTION OF THE OFFICER.
THAT MIGHT BE A DISCUSSION OF A FUTURE AGENDA ITEM.
WE DON'T REALLY HAVE THAT MANY ISSUES COME UP.
I THINK THIS IS THE FIRST ONE SINCE YOU'VE BEEN ON THE BOARD THAT WE'VE HAD A PARLIAMENTARY PROCEDURE COME UP.
I MEAN, WE HAVE A COUPLE OF POINT OF ORDERS, BUT THAT'S, YEAH, NO BIG DEAL.
I GOT A SHEET BECAUSE WE JUST PLAY LAWYERS ON TV.
IT'S CAUSE I'M DODGING BULLETS OVER HERE.
[10. Discussion and possible action regarding an update on the resolution sent to council for the BOA Applicant Assistance Program (BAAP).]
10.UH, DISCUSSION IMPOSSIBLE ACTION.
REGARDING AN UPDATE ON THE RESOLUTION SENT TO COUNSEL FOR THE BOARD OF ADJUSTMENT APPLICANT
[01:20:01]
ASSISTANCE PROGRAM.WE EXPECT AN UPDATE FROM CITY STAFF FOR IMPLEMENTATION BY THE MAY MEETING.
UH, ELAINE, YOU HAVEN'T HEARD ANYTHING NEW SINCE I LAST ASKED HER? YEAH, NO.
SO CITY STAFF HAS TILL MAY, UH, ITEM 11, DISCUSSION AND POSSIBLE ACTION BY
[11. Discussion and possible action by the Board based on the Working Group update on proposed changes to BOA Appeals. (Working group: Barbara Mcarthur, Darryl Pruett and Kelly Blume)]
THE BOARD BASED ON THE WORKING GROUP UPDATE ON PROPOSED CHANGES TO THE BOARD OF ADJUSTMENT APPEALS PROCESS.UH, I THINK, UH, WE'RE GOING TO HAVE TO MAKE A MOTION TO REMOVE BOARD MEMBER MACARTHUR SINCE SHE'S NO LONGER PART OF THE BOARD.
SHE CAN'T BE ON THE WORKING GROUP BOARD MEMBER PUT HAS HAS IS HAS BOARD MEMBER PROVED BEEN REPLACED YET? YES.
THAT'S, THAT'S, UH, THAT'S ROCK STAR DOWN THERE.
IS HE? SEVEN? WHAT WAS HE EIGHT 80 PAGE JEALOUS.
WELL, THANK PROPONENT TO GIVE THE THE NEW DISTRICT EIGHT, I MEAN 7 89.
YOU WANT THROW SOMETHING ON YOU THAT YOU HAVE NO IDEA WHAT WE'RE TALKING ABOUT
SO IS IT, IS IS THE PROPOSAL TO JUST SUBSTITUTE ME IN FOR PRUIT? NO, NO, NO, NO.
I THINK IT'S, IT'S MORE, AND I DON'T KNOW THAT WE MAKE A MOTION TO REMOVE PEOPLE.
THEY JUST AREN'T HERE UNTIL WE, WE WOULD MAKE A MOTION TO, OR WORKING GROUPS.
CAN YOU HAVE, YOU HAVE TO MAKE A MOTION TO START THE WORKING GROUP? NO, BUT WE HAVE A WORKING GROUP AND SO PEOPLE CAN JUST BE ADDED.
KELLY'S GOT HER HAND UP SEEING HOW SHE'S THE LONE RANGER,
UM, WELL, CONSIDERING I, MY ACTUALLY MY HOLDOVER PERIOD ON MY TERM LIMIT EXPIRES THIS MONTH.
SO I MIGHT BE OFF THE TASK OF THE WORKING GROUP AS WELL.
IS IT POSSIBLE JUST TO CLOSE IT AND CREATE A NEW ONE? YES, ABSOLUTELY.
WOULD THAT BE THE CLEANEST? ABSOLUTELY.
UH, DO YOU GUYS HAVE NOTES THAT YOU WANNA SHARE? UM, DARYL FORWARDED THEM LAST MONTH.
THAT'S WHAT WE'RE GONNA, I BELIEVE TO ELAINE.
I DON'T KNOW IF YOU WERE COPIED.
ELAINE, DO YOU HAVE THOSE NOW? BUT I CAN FORWARD THEM AGAIN.
UH, CC ME OR SEND TO ELAINE OR YOU SEE ME PLEASE? SURE.
SO WHAT'LL, SO IF WE, IF WE, SO CAN WE PUT IT ON? YEAH, I'M GONNA, I'LL PUT IT ON THE AGENDA FOR NEXT MONTH.
LET'S, FOR WHY DON'T YOU, IS IT NEXT MONTH OR THE MONTH AFTER? TWO MONTHS IN JUNE.
WELL, I WOULD THINK TWO MONTHS ANYWAYS BECAUSE A BUNCH OF NEW PEOPLE ARE COMING ON.
THAT'S WHY I'M, AND THAT WAY CAN WE, WE CAN SEND OUT AN INFORMATION PACKET ABOUT WHAT THE WORKING GROUP IS, WHAT WE'RE ASKING THEM TO DO, AND THEN PEOPLE COULD SAY, HEY, I, I'M INTERESTED OR I'M NOT INTERESTED.
I'M UNTIL NEXT MONTH AND WE'LL JUST NO UPDATE AND THEN END UP AGAIN THE MONTH AFTER.
HOW COME? I THINK THAT'S A, A GOOD IDEA.
AND I WILL NOT BE HERE FOR JUNE.
I AM NOT GONNA BE BE HERE FOR JUNE.
AND IF WE DON'T HAVE ANY ALTERNATES, Y'ALL ARE GONNA HAVE TO HAVE A VACANCY.
[12. Discussion and possible action regarding Board vacancies]
ITEM 12 HAS BEEN ADDRESSED ALREADY.[13. Discussion and possible action to amend the rules of procedure or bylaws]
13, DISCUSSION.ACTION TO AMEND THE RULES OF PROCEDURES ARE BYLAWS.
SO WE DID HAVE THE MOTION, WHICH PASSED TO AMEND THE RULES OF PROCEDURE.
LOOKING THROUGH IT, UH, LET'S SEE, WHAT WAS IT? I THINK AT SOME POINT WE'RE GOING, NEED TO CREATE A WORKING GROUP.
NO, I THINK THE, HE'S GOT IT PRETTY SPECIFIC HERE FOR AT LEAST THIS PART I HEARD.
BUT THIS, UH, UH, THIS ONE WAS 13 WAS ACTUALLY TIED TO 11.
IT WAS TIED TO OUR RULES OF PROCEDURE.
SO I THINK THIS SHOULD GO INTO, UH, ARTICLE THREE B ONE.
UH, WE WOULD HAVE TO AMEND SECTION AIM AND ADDED AS SECTION D.
AGAIN, ARTICLE THREE
I THINK THAT'S THE ONLY PLACE.
AND IT WOULD BECOME D THAT'S CORRECT.
THAT ABOUT WE STILL HAVE TO AMEND VOTING REQUIREMENTS.
WE'D HAVE TO AMEND ITEM A ON THAT B BECAUSE IT SAYS I E IN OTHER WORDS, NO VACANCIES.
WE'D HAVE TO STRIKE THAT PART.
AND THAT WAS, AND THAT WAS ONE THING ALSO, MADAM CHAIR, UM,
[01:25:01]
FOR ERICA, THAT, YOU KNOW, I WANTED TO GET TO TOGETHER WITH YOU AND SHOW YOU WHAT I'VE GOT HERE.I DON'T WANT, I DIDN'T, BY ALL MEANS, I DIDN'T MEAN A BLINDSIDE TODAY.
I JUST, I WAS WORKING ON IT UP TILL I WALKED OUT THE DOOR.
BUT, UH, UH, TO BE ABLE TO PROVIDE YOU THE INFORMATION OF WHERE THIS WAS SORT OF COMING FROM.
AND THEN THAT WAY WHEN YOU GET TOGETHER WITH THE REST OF LEGAL AND, AND FIND OUT WHAT WE CAN DO OR WHAT'S GONNA HAPPEN,
UM, YOU'LL HAVE SORT OF WHAT I WAS REFERENCING TO.
SO DO YOU WANNA PROPOSE LANG SO YOU'RE JUST PROPOSING LANGUAGE TO FOR CONSIDERATION AND THEN WE BRING IT BACK AT ANOTHER MEETING? NO, NO.
WE ALREADY, WE ALREADY TOOK ACTION ON THIS, BUT I WAS GONNA GIVE YOU THE INFORMATION THAT I HAVE BECAUSE AS, AS, UH, BOARD MEMBER SMITH HAD POINTED OUT, YOU KNOW, WE CAME INTO THIS TODAY, IT WAS POSTED ON THE AGENDA, BUT YOU GOT, WHEN I SAY YOU GUYS, I'M TALKING ABOUT LEGAL, YOU DON'T HAVE THE INFORMATION FROM WHERE THAT MOTION DERIVED FROM AND I WANTED YOU TO HAVE THAT INFORMATION.
SO THIS, THE, THE MOTION WAS JUST TO ADD INTO THE RULES AND PROCEDURES THAT ALTERNATES CAN.
SO I THINK MAYBE, UH, IF WE, IF WE MOVED A TO B, B TO C AND C TO D AND STARTED IT OFF WITH ITEM B ONE E AS ALTERNATES ARE ALLOWED TO SERVE IN THE CASE OF A VACANCY OR ABSENCE, AND I'M GONNA STICK MY NECK OUT HERE, MADAM CHAIR, I REALLY HATE TO DO THIS BECAUSE I KNOW WHAT HAPPENS WHEN YOU MAKE SUGGESTIONS ON THIS BODY.
UM, WE MAY WANT TO FORM A COMMITTEE TO TAKE A LOOK AT THE RULES AND PROCEDURES, UH, AND SO THAT THE, THE ISSUE OF ALTERNATES CAN BE ALSO FORMALLY ADDRESSED.
AND IT, BECAUSE THIS IS ONLY A STOP GAP MEASURE TO ALLOW US TO PROCEED.
AND EVENTUALLY WHEN YOU REAPPOINT YOUR, UH, BYLAWS COMMITTEE, THAT CAN BE MOVED AND ALSO INCLUDED INTO THE BYLAWS NOW.
SO, UH, I THINK FOR THE TEMPORARY, I MEAN FOR THE TEMPORARY, UH, STOP GAP MEASURE, YES.
IT CAN BE ANYWHERE IN THE, BASICALLY IN HERE IT DOESN'T HAVE IT.
I JUST SAID INTO OUR RULES AND RULES, PROCEDURES, PROCEDURE, YEAH.
THERE WAS SOME LIBERTY TO MOVE IT WHERE IT NEEDS TO BE.
BUT IF AFTER WE GET BRIEFED FROM LEGAL AND THEY DO THEIR RESEARCH, WE'RE GOING TO NEED NOT ONLY TO HAVE IT IN OUR RULES AND BYLAWS, BUT WE'RE GONNA, UH, WE'RE GONNA NEED TO HAVE IT IN OUR RULES AND PROCEDURES.
WE'RE GONNA NEED TO HAVE IT IN OUR BYLAWS AS WELL.
AND AT THAT TIME, THOSE TWO COMMITTEES ARE ALSO GOING TO NEED TO GET TOGETHER TO MAKE SURE THAT WE DON'T HAVE CONTRADICTORY LANGUAGE IN ONE VERSUS THE OTHER.
BECAUSE THESE BYLAWS, I MEAN WE, WE SORT OF ADDRESS SOME SORT OF LIKE THIS AS ISSUES COME UP.
BUT WE HAVEN'T HAD A REAL OVERLAPPING COMMITTEE TO TAKE A LOOK AT BOTH OF THEM AND MAKE SURE THAT ONE DOESN'T CONTRADICT THE OTHER.
THE MOTION WAS, UH, IMPLEMENT ROBERT'S RULES OF ORDER TO RESOLVE AMBIGUOUS OR CONFLICTING RULES AS IT RELATES TO ALTERNATES AND MOVE THAT JULIE SWARM MEMBERS WHO SERVE AS ALTERNATES HAVE THE LEGAL AUTHORITY TO SERVE IN CASE OF VACANCY.
OR IF A MEMBER IS TEMPORARILY ABSENT AND UNABLE TO ATTEND A GIVEN MEETING, IS THAT ENOUGH RIGHT NOW, THAT MOTION TO CARRY US THROUGH TO NEXT MONTH? OR DO WE NEED TO ACTUALLY PUT SOMETHING INTO THE RULES OF PROCEDURE RIGHT NOW? SO THIS IS UNDER ITEM 13, CORRECT.
AND, AND SO ITEM 12, YOU DIDN'T MOVE TO MO.
SO ITEM AND BELY AMENDED IN BOARD OF ADJUSTMENT RULES OF PROCEDURE.
IT JUST DOESN'T HAVE A DATE ON IT.
WELL ACTUALLY THIS WAS TO ADDRESS THE A, IT SAID PO THIS IS THE POSSIBLE ACTION REGARDING THE BOARD VACANCIES, BUT IT'S A STOP AREA UNDER IT.
SO AN ALTERNATE CAN SERVE AS, UM, AS A, IN PLACE OF A VACANCY.
THERE IS A VACANCY AND THEY'RE TEMPORARILY ABSENT.
THAT'S THE PURPOSE OF THE ALTERNATE RIGHT NOW.
I I THINK THE UM, BUT ARE, ARE YOU ASKING WHETHER THE OTHER LANGUAGE TO AMEND THE BYLAWS RIGHT NOW? ARE YOU ASKING RULES OF PROCEDURE ROOM? SORRY, RULES OF PROCEDURE.
SO YOU'RE ASKING US TO CHANGE THE RULES.
ARE YOU ASKING WHETHER YOU CAN CHANGE THE RULES OF PROCEDURE TONIGHT? OR ARE YOU ASKING IF YOU WANT ME TO EVALUATE THE PROPOSED LANGUAGE AND COME BACK? I THOUGHT THAT'S WE, WHAT WE VOTED ON TO AMEND THE RULES AND PROCEDURES TONIGHT TO DO IT TONIGHT.
SO THEN WE'RE GONNA HAVE TO DO IT TONIGHT THEN.
WHAT'S THAT? THEN WE'RE JUST, WE'RE GONNA HAVE TO COME UP WITH
[01:30:01]
THE LANGUAGE FOR IT.HOW DO WE WANNA PHRASE IT? WELL, I THINK HE, HE ALREADY DID THE LANGUAGE WORD.
WHAT, WHAT IT'S JUST WHERE IT GOES.
I THINK IT'S WHERE IT GOES IN IT.
AND ALSO THAT I THINK WE ALL ALSO UNDERSTAND IF LEGAL TAKES A LOOK AT IT AND THE WORDING NEEDS TO BE AMENDED, WE ARE ALSO OPEN TO THAT IN THE FUTURE.
BUT I, IT WE CAN'T PUT, WELL, WE COULD, WE COULD PUT THIS IN, BUT IT WILL DIRECTLY, UH, IT'LL HAVE A CONFLICT WITH ITEM E, WHICH SPECIFICALLY SAYS NO VACANCIES, LET'S BE ONE.
WELL, WELL THAT'S WHERE I WAS GOING WITH FORMING THE COMMITTEES BECAUSE YOU CAN'T HAVE A SAY NO.
IF IT SAYS NO VACANCIES, NOW IT, YOU KNOW.
IT DEFEATS THIS ENTIRE, WELL, THE, I FEEL THAT THE LANGUAGE, THE LANGUAGE THERE WOULD SERVE US TO RESOLVE THAT ISSUE FOR NO VACANCIES, CUZ THE STATES WERE GONNA HAVE.
SO IT BASICALLY, THAT WOULD BE ATTACHED TO THE RULES AND PROCEDURES AS AN AMENDMENT, WHICH OF COURSE IS GOING TO ADDRESS THE NO VACANCY ISSUE HERE.
AND THEN IT'S JUST A HOLDOVER UNTIL LEGAL CAN GIVE US THE PROPER, PROPER VERBIAGE.
BUT ACCORDING TO ROBERT'S RULES, MAKE CAN GO BACK TO IT AGAIN.
ACCORDING TO ROBERT'S RULES, WHAT WE VOTED ON TONIGHT.
I'M GONNA BE SLEEPING WITH THIS GUY.
I'M GONNA WAKE UP AND YOU'RE JUST GONNA LIKE START SPOUTING ROBERT'S ROLLS AND MY WIFE IS GONNA BE FIRST.
WE HAVE TO PROCEDURE DO, SO YOU PROBABLY HANDED IT TO JESSICA.
I THINK SHE, YOU PROBABLY HANDED IT TO JESSICA AND THAT'S WHY YOU CAN'T FIND IT.
DID YOU BOARD MEMBER VAN LYNN, DID YOU WANT TO ADOPT THE LANGUAGE OF YOUR, OF YOUR MOTION AND THEN HAVE US COME BACK IF THERE IS ANY RESULTING CONFLICT, CONFLICT WITH THE LANGUAGE FOR THE BOARD TO CONSIDER AGAIN, TO HAVE A SECOND AMENDMENT.
SO, SO I, THE MOTION THEN IS, AS I UNDERSTAND IT, UNDER 13, WOULD BE TO AMEND THE RULES AND PROCEDURES, UM, WITH THAT LANGUAGE.
SO THE CHAIR, IF YOU WANNA READ THE LANGUAGE AND THEN, UM, AND THEN THE DIRECTION TO, TO CITY LEGAL WILL BE TO REVIEW WHERE THERE IS POTENTIAL CONFLICT.
AND THEN TO COME BACK WITH SOME PROPOSED LANGUAGE FOR YOU GUYS TO CONSIDER AT YOUR NEXT MEETING.
IN ADDRESSING YOUR CONCERN ABOUT THE VACANCY, A NEW RULE CONFLICTING THIS IS, UH, ALSO ROBERT RULES OF REVIS 10TH EDITION.
THE NEW RULE CONFLICTING WITH THE OLD RULE OF THE SAME RANK SUPERSEDES THE OLD RULE.
IF THE NEW RULE IS ADOPTED BY BOTH.
SO THAT TAKES CARE OF THE TERMINOLOGY THAT YOU WERE CONCERNED.
SO I GUESS, UH, THE MOTION WOULD BE TO, IT'S ALREADY BEEN MOVED AND APPROVED MADAM CHAIR, BUT WHERE, BUT PUT IT WHERE ITEM D UNDER LIKE, UH, UH, ARTICLE THREE B ONE D, IT WOULD JUST BE AMENDMENT TO THE RULES, PROCEDURES.
I THINK YOU JUST AN AMENDMENT.
I THINK YOU WOULD HAVE TO ADD IT UNDER B ONE.
WE DIDN'T HAVE TO GO UNDER A AND MOVE THINGS DOWN.
I THINK SO IF THAT'S SO DESIRED.
SO DO WE NEED TAKE A VOTE ON THAT SINCE WE'VE ALREADY VOTED TO AMEND IT OR WHAT? I HAVE ONE OF THE THINGS THAT I HAVE MADAM CHAIR, THAT'S WHY I SAID IT CAN JUST GO JUST AS A SIMPLE AMENDMENT.
BUT MAYBE YOU, I HAVE AN AMENDMENT THAT WE HAVE TO OUR RULES AND PROCEDURE.
IT'S A ONE PAGE AND SIMPLY STATES AMENDMENT RULES AND PROCEDURES.
AND IT WAS ATTACHED AND I WAS GONNA BRING IT, BUT IT WASN'T GERMANE TO THIS DISCUSSION.
SO I DIDN'T BRING WELL, AND AND ALSO MAYBE WE KEEP IT AS AN AMENDMENT UNTIL NEXT MONTH WHEN WE GET FINAL LANGUAGE AND THEN WE CAN ADOPT IT IN THE PROPER PLACE OKAY.
I THINK I, AND THAT WAY WE KIND OF, THIS IS JUST AN AMENDMENT PLACEHOLDER UNTIL IT'S REVIEWED AND THEN WE CAN GET DOWN TO THE SPECIFICS OF THE LANG EXACT LANGUAGE AND WHERE IT NEEDS TO BE.
AND ELAINE, I WILL EMAIL YOU THE EXACT LANGUAGE SO THAT WE CAN PUT IT IN A DOCUMENT THAT WE COULD JUST TACK ONTO THE RULES OF PROCEDURE.
IS EVERYONE OKAY WITH THAT? ANY OBJECTIONS?
[01:35:01]
UH, BOARD MEMBER SMITH? YEAH, I, I JUST WANNA MAKE SURE MOST OF US HAVE NOT SEEN THIS LANGUAGE.COULD YOU MAKE SURE THAT WE GET COPIES OF IT? ABSOLUTELY.
AND IF YOU'D LIKE ME TO READ IT AGAIN, I'LL, I'LL ABSOLUTELY READ IT AGAIN.
NO, I THINK WE'VE COVERED IT ENOUGH TONIGHT.
IT WOULD HAVE TO TAKE MADAM CHAIR BECAUSE IF I WOULD'VE SENT IT TO EVERYBODY, I'D HAVE BEEN IN BIG TROUBLE.
ROLLING QUORUMS. OKAY THEN MOVING ON.
[FUTURE AGENDA ITEMS]
ITEM 14.UH, DISCUSSION OF FUTURE AGENDA ITEMS, STAFF REQUESTING POTENTIAL SPECIAL CALL MEETINGS.
UH, I WILL ADD THAT NEW HOUSE BILL.
RIGHT? IT'S THE MINIMUM LOT SIZE BILL.
I'M SORRY? IT'S THE ONE THE MINIMUM LOT SIZE.
I DON'T KNOW THE NUMBER OF IT, BUT THEY WANNA DROP THE MINIMUM.
WE'RE JUST GONNA USE IT AS AN ACTUAL AMENDMENT.
THE PROCEDURE FROM 12, LIKE STICK A SINGLE PAGE STEP ON THE BACK, RIGHT? CORRECT.
SO WE GONNA HAVE IT NEXT MEETING.
WILL WE HAVE A SPECIFIC AGENDA ITEM WHERE, UH, COUNSEL CAN, UH, ADVISE US ON THIS NEW LANGUAGE? UH, YES.
WE'RE, IT WILL BE ON THE AGENDA FOR NEXT ITEM.
UH, LEGAL IS GOING TO REVIEW THE LANGUAGE AND COME BACK TO US IF THERE'S ANY CONFLICT.
I DO THINK, UM, MADAM CHAIR, THAT THERE OUGHT TO BE, UM, AN ITEM FOR A WORKING GROUP FOR RULE PROCEDURES, BYLAWS.
BUT I DO THINK THAT WE SHOULD WAIT UNTIL OUR MEMBERSHIP, WHAT WE KNOW.
WAIT TILL THE NEW APPOINTMENTS ARE ARE COMPLETED.
ANY OTHER, AND, AND DON'T FORGET TO DO YOUR SISS.
DO YOUR SFI, EVERYBODY IF YOU HAVEN'T DONE IT ALREADY.
S FFI AS OPPOSED TO S I IT'S DUE APRIL 30TH.
AND THEN DON'T FORGET TO TAKE YOUR TRAINING.
AND THEN, SO THIS IS WHY WE NEED AN ANNOUNCEMENT SECTION ON THE AGENDA, OKAY? UH, THEN IT IS 7:23 PM THIS MEETING IS ADJOURNED.
AND IF I DON'T SEE YOU AGAIN, THANK EVERYBODY.
I'LL PROBABLY CHILL YOU IN THE MORNING.
I'LL THINK OVER AND OVER AGAIN.