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Planning Policy Commission Auto captions

Thursday, June 2, 2022

6:30 PM · 1h 41m
Topic tracked across meetings:
Adopt Rules & Regulations 2/4
Section
3. REGULAR BUSINESS
3b
Adopt Rules & Regulations
Action · 60 min · Stephen Padua, Long Range Planning Manager The Planning Policy Commission meeting Rules and Regulations are available for your · packet pp.41–67
Staff report:
The purpose of the June 2, 2022 Planning Policy Commission (PPC) special meeting is to provide the Commission with required training and to update the Rules and Regulations.
4. REPORTS
4a
Council Update
Stephen Padua, Long Range Planning Manager
5. OTHER BUSINESS / ANNOUNCEMENTS
5a
Upcoming Schedule
packet pp.69–71
Staff report:
Planning Policy Commission 2022 Schedule (subject to change) 2022 1/20/22 1/27/22 Joint Meeting with Development Commission ▪ Public Hearing: Proposed 2022 Docket of Education: Title 18 - Building and Design Comprehensive Plan and Zoning Map ▪ Neighborhood Overlay Standards Amendments January o Olde Town, Central Issaquah, Issaquah Joint Meeting with Development Commission Highlands, Talus Title 18: Education - Building and Design ▪ Neighborhood Overlay Standards o Olde Town, Central Issaquah, Issaquah Highlands, Talus 2/10/22 2/24/22 Joint Meeting with Development Commission Joint Meeting with Environmental Board
0:04 good evening planning policy commission
0:06 uh tonight i'd like to call the june 2nd
0:09 planning policy commission special
0:10 meeting to order and it currently is 6
0:13 30 p.m
0:15 due to the virtual format of today's
0:16 meeting i'd like to start by providing
0:18 some guidelines all of you have heard
0:20 once or twice
0:21 uh we're gonna have participants
0:23 attending by computer and others who may
0:25 be attending by phone for all meeting
0:27 attendees who wish to speak please speak
0:30 clearly and pause
0:31 frequently
0:34 see what i did there
0:36 state your name each time before
0:38 speaking
0:39 mute your microphone when you're not
0:40 speaking and if you're having any
0:42 technical issues try joining the meeting
0:44 using a different device such as a
0:46 smartphone or tablet
0:48 use the call-in information in the
0:49 meeting invite to call into the meeting
0:52 if you're meeting by phone
0:54 um attendance stephen could you please
0:56 call world tonight
1:00 yes
1:02 commissioner lewis
1:04 here
1:05 commissioner monahan
1:07 here
1:08 commissioner milligan
1:10 here commissioner vader
1:13 here
1:14 commissioner voice
1:18 here
1:20 and kelly is excused for tonight
1:27 thank you stephen
1:29 excellent
1:31 now this part of the agenda is for our
1:33 general public comment they're a serious
1:35 part of the process
1:36 and they do factor into the decisions we
1:38 make here
1:40 for the members of the public who are
1:42 joining us welcome and if there is
1:44 anyone in the meeting now who would like
1:45 to make public comments please raise
1:47 your hand
1:48 to do this if you're on a phone please
1:50 press three
1:51 and if you have joined by computer or
1:53 smartphone look for the hand icon and
1:56 this does vary by device
1:58 when recognized please unmute your
2:00 microphone
2:01 state your name
2:03 speak clearly and pause frequently
2:05 limit your comments to five minutes or
2:07 less and then
2:08 mute your microphone when you're
2:09 finished
2:11 if you do not respond or for some reason
2:13 your connection is lost the meeting will
2:15 need to proceed
2:16 you're encouraged to rejoin the meeting
2:18 if you are able
2:20 stephen how do we have anyone tonight
2:22 signed up for public comment
2:24 no one signed up uh prior to the meeting
2:26 and i'm not seeing any additional
2:28 members of the public on the attendee
2:29 list
2:32 so i do not see any public comment for
2:34 tonight
2:37 all right thank you stephen
2:39 the next item on the agenda is training
2:42 training for all of us
2:44 and tonight tisha will be
2:46 presenting um
2:48 or city training so i hand it over to
2:50 tisha
2:55 hi everybody give me just a minute here
2:57 and i'll get my
2:59 trusty powerpoint going
3:04 see
3:06 you're seeing my notes let me
3:09 kiss that
3:15 oh are you still seeing my notes
3:18 you are oh interesting my trusty trick
3:21 isn't working
3:24 i'll try one more time
3:28 oh goodness okay
3:33 well
3:34 you're just gonna get a preview
3:37 or did that fix it
3:39 that fixed it okay i don't know what i
3:41 did but uh we'll we'll take it all right
3:43 well um i want to start by thanking you
3:46 i know um i know from viewing our
3:48 website calendar and monitoring our
3:50 board and commission agendas that you
3:52 have been meeting a lot um on some
3:55 really in-depth topics and
3:58 i just continue to be so impressed by
4:00 the
4:01 um level of volunteerism we have in our
4:03 community and just want to thank you for
4:05 dedicating so many of your evenings to
4:09 helping helping us um plan for a
4:11 brighter future in issaquah
4:13 and i know you're you're veterans on the
4:15 commission so this material is um
4:18 material you've gone over before um we
4:21 provide this open public meeting
4:24 meetings act and public records act
4:26 training um every year to all of our
4:28 boarding commission members
4:30 we think it's important and it helps
4:33 protect you as you're informed about
4:35 some of the expectations around your
4:37 role
4:38 and then tonight we also have anne marie
4:41 soto from the
4:42 madrona law group which is the city's
4:44 contracted law firm and she's going to
4:47 cover a portion of tonight's training so
4:49 we're going to go over that required
4:51 public records act and open public
4:53 meetings act training and then we'll go
4:54 into a couple other topics that are
4:56 shown here
4:58 um and again because because you have
5:00 all served on the committee for um some
5:02 time we'll we'll touch on things lightly
5:04 and then if you have um questions just
5:07 you know raise your hand or indicate in
5:09 the chat and stephen or chair um please
5:12 feel free to interrupt and and let us
5:14 know
5:15 if you have questions along the way so
5:16 i'll get started
5:18 so um the first part of this training is
5:21 to just provide your refresher on the
5:23 washington state um we call them the
5:25 sunshine laws that uh the intention of
5:29 these um two laws the open public
5:31 meetings act and the public records
5:32 actor just to ensure transparency and
5:34 access
5:36 to government and so uh we'll touch on
5:38 both of these
5:40 we we as i mentioned we provide this
5:42 training to all of the city's boards and
5:43 commissions um annually but particularly
5:46 new members but we actually like to give
5:48 all members just a quick refresher um
5:50 because there are some um impacts if we
5:53 don't abide by um these open government
5:56 laws uh so we feel it's important to
5:57 keep you educated and um just free from
6:00 from gray area
6:03 so um you know a primary focus of the
6:06 open public meetings act is is that you
6:08 know this thought that the public is
6:10 entitled to hear discussion um
6:12 pertaining to city business by our
6:14 governing body the council and the
6:16 city's advisory boards and so we um
6:19 we go to efforts to publish all your
6:21 meeting agendas in advance during the
6:23 time of of covet and virtual meetings
6:25 we've been publishing all of the
6:26 information to join your your meetings
6:29 uh via webex and when you return to in
6:32 person meetings the the doors will be
6:34 open so anyone is able to come and again
6:36 we provide advanced notice at typically
6:39 at least three days notice of your
6:41 meeting date time and location
6:47 um you have your regular meetings uh
6:50 which are twice monthly i uh stephen
6:52 caught a typo in the presentation at 6
6:54 30 p.m is your standard meeting time um
6:57 in your standard meeting location is the
6:58 council chambers but of course during
7:00 covid we've continued to meet virtually
7:03 you've got your first in-person meeting
7:05 coming up here in july and we'll talk
7:07 about that in just a minute um just
7:09 something to note that we bring up is
7:11 that any time you meet at a different
7:12 time place location
7:15 um it's considered a special meeting and
7:17 there are some restrictions for special
7:20 meetings which are just that you're
7:21 limited to discussing and taking action
7:23 on items on your meeting agenda so
7:26 there's not the ability to sort of um
7:29 talk about or take action on something
7:30 that's that's not on your agenda and
7:32 that's unique for special meetings even
7:35 though i i know most of our boards and
7:37 commissions you know follow their
7:38 agendas pretty consistently no matter
7:40 what the type of meeting but something
7:43 we like to make you aware of and we take
7:45 special care when we're preparing your
7:46 special meeting agendas to make sure
7:48 they're comprehensive
7:51 um you've been uh you've had a lot of
7:54 joint meetings lately so this is just a
7:56 reminder here that meetings can look
7:58 look different um depending on the
8:01 format um but as i mentioned we provide
8:04 your agendas in advance so people know
8:07 where to attend how to attend how to
8:09 comment um and then we also prepare
8:11 minutes and just ensure that access to
8:14 the materials and the action that you
8:16 take um also uh public comment is taken
8:19 at it all of your uh regular meetings
8:21 and we'll have some discussion on that
8:23 under your rules and regulations tonight
8:26 and that is something that's strongly
8:28 encouraged though not required by the
8:30 open public meetings act
8:34 um there are a few reasons by which you
8:36 can have a closed session that it does
8:38 not occur frequently at ppc you just
8:41 mention it so that if there is a
8:42 situation where
8:44 we ask you to go into a closed session
8:46 you know that that is legitimate but
8:47 there are a lot of rules around when and
8:49 how we do that so we will we will give
8:52 you a heads up if this needs to occur
8:55 and again there's particular reasons
8:57 like you know litigation or certain um
9:01 certain actions that can be more
9:02 sensitive that typically are handled by
9:04 our city council
9:08 so uh we're going to touch on a quorum
9:10 real quick so a quorum of of the
9:12 planning policy commission is four
9:14 members
9:15 um so it's just a number to be mindful
9:17 of you know one of the things um two two
9:19 of the things i'd like to mention here
9:21 are um we you know the goal of the open
9:24 public meetings act is we want any
9:26 discussions you have as a group to be
9:28 public and available for anyone to to
9:31 hear so it means we need to
9:34 work to avoid any of those um
9:36 discussion or actions outside of a
9:38 meeting
9:39 however um travel
9:41 gathering social gatherings a social
9:43 barbecue um getting together again for a
9:45 purely social event where you're talking
9:47 about families or you know kind of a get
9:49 to know you activity outside of the
9:51 meeting is perfectly fine um we do not
9:54 need to publish an agenda for that you
9:56 just need to monitor your conversations
9:58 um but we do ask that you not you know
10:01 attend events pertaining to business to
10:04 come before the ppc um as a group and i
10:07 i don't think that's likely to happen we
10:09 do have some boards that participate in
10:11 a lot of reach more regional um
10:14 topical events so we just ask ask you to
10:17 to think about that if there's a
10:19 community or regional event that um the
10:22 commission's made aware of that we would
10:24 ask you to avoid having four of you
10:27 there again i don't think that's highly
10:29 likely to occur but something to be
10:31 aware of and that um stephen
10:33 and your staff will remind you of if
10:35 there's an event um coming up to avoid
10:37 that
10:38 quorum
10:40 the other thing i want to mention here
10:41 is a serial meeting um this is when
10:45 you inadvertently kind of get some
10:48 collective um input from a total of four
10:52 commissioners um the way this can happen
10:54 is through email you know forwarding an
10:56 email with thoughts
10:58 responding to an email then forwarding
10:59 it to another commissioner who might
11:01 reply and include another commissioner
11:03 and eventually there might be a string
11:07 of input on a topic um that totals for
11:10 commissioners and we want to really
11:12 avoid that which is why we really
11:13 encourage you if you have email um
11:17 have an email you'd like to share with
11:18 the commission that you do so through
11:21 stephen or one of your other liaisons it
11:22 just really protects you from um
11:25 avoiding that situation of
11:28 inadvertently or advertently
11:31 collecting input from multiple
11:32 commissioners uh it's also helpful from
11:35 a public records perspective we'll talk
11:37 about that in a minute
11:39 uh this also the string meeting also
11:41 pertains to discussion so while it's
11:43 totally appropriate to talk to one or
11:45 two of your commissioners to see how
11:47 they're feeling about an issue it
11:48 wouldn't be appropriate to talk to one
11:49 or two commissioners and then talk to a
11:52 third commissioner and relay everything
11:54 you heard from the first two with the
11:57 third you've got now got four of you
11:58 kind of talking outside a meeting so
12:01 those are the things we want you to be
12:02 mindful of and aware of
12:04 um if you have questions
12:06 now or in the future you can
12:08 let the clerk's office or uh steven
12:11 know and we can we can help provide
12:13 advice
12:14 there are some personal penalties here
12:17 um that are shown on the screen
12:19 so uh we just want to make you aware of
12:22 those
12:26 all right so let's talk about the public
12:28 records act um i just have one slide
12:31 here and just a couple points to touch
12:32 on again i know you've you've all heard
12:34 this before in some form or fashion so
12:38 the city clerk is the i'm the designated
12:40 public records officer the clerk's
12:41 office responds to all our public
12:43 disclosure requests so i'm sure you're
12:45 aware as a government agency um almost
12:48 all of our records are uh need to be
12:50 made available to the public and so
12:52 anyone can request any record from us
12:55 and we are obligated to provide it with
12:57 with some certain exemptions for privacy
12:59 and you know certain particular records
13:01 we can exempt
13:04 what this means is that um you know your
13:07 records that are produced um within the
13:09 purview of your role as a commissioner
13:10 could be requested and if so we would
13:13 reach out to you to see if you had any
13:16 records that were responsive to the
13:18 request by and large you're mostly
13:20 dealing with city records right we
13:21 produce an agenda we send it to you that
13:24 contains all of your information when
13:26 you're emailing like i mentioned that's
13:27 why we encourage you to copy or work
13:30 through city staff because those
13:32 messages are all captured you know in
13:34 our city systems um what we might ask
13:36 you for though
13:38 are emails between you and a member of
13:39 the public or you and another
13:41 commissioner that never went through the
13:42 city system
13:44 for that reason we recommend that you
13:45 have a separate email account to keep
13:48 things just really neat and tidy so if
13:51 we needed to request records from you
13:52 it'd be
13:53 very easy for you to identify those or
13:55 search those um and it wouldn't
13:57 implicate a personal uh email account um
14:00 you know the other option is to just
14:03 remain highly organized with your
14:04 personal email um so that you could
14:07 easily identify those messages um but
14:10 again
14:11 it it's definitely cleaner if they're if
14:14 they're all together and not you know
14:16 intermixed with uh other unrelated email
14:20 if you have questions about this please
14:22 raise your hand or and let me know i
14:24 know anne marie can also speak um to
14:27 this topic
14:28 um so as i mentioned
14:31 keep your records organized if you keep
14:33 notes or things related to your work uh
14:36 your time on the commission
14:39 those those notes you take are
14:41 considered transitory records so you can
14:43 dispose of those after the meeting
14:46 or you know a month or year from the
14:47 meeting
14:48 the city doesn't need them
14:51 if you have them and you haven't
14:53 disposed of them and we get a
14:55 records request we would reach out to
14:57 you and ask you if you had any notes and
14:59 would ask for them however so we
15:01 encourage sort of a routine of of
15:04 disposing of those notes so that you're
15:07 not having if we reach out to you you're
15:09 not having to pull pull out you know
15:12 binders full of content so encourage
15:14 just routine um disposal of notes once
15:18 they're no longer needed
15:20 and uh the last bullet here there's just
15:23 a legal obligation to search so you're
15:25 you're our partners in providing um
15:27 responses to requests that might pertain
15:29 to the the commission's work
15:31 uh and with that i'm going to turn it
15:34 over to anne-marie to talk a little bit
15:36 about ethics
15:39 all right good evening everyone thank
15:40 you so much for being here this evening
15:44 i'm going to just be going over a couple
15:46 of really quick um slides regarding the
15:49 city's code of ethics so the code of
15:52 ethics really covers things such as
15:54 conflicts of interest
15:56 gifts and gratuities like what you can
15:58 and cannot accept and political activity
16:02 that you might be engaged in what is and
16:04 what is not allowed the
16:06 policy and the guidelines for the city's
16:09 code of ethics are available on the
16:11 city's website
16:13 but these things really
16:15 they really help to reinforce the
16:17 importance of things such as the open
16:20 public meetings act and public records
16:22 requirements
16:26 next slide
16:28 all right as part of your
16:31 responsibilities as commission members
16:33 you also have to sign the online
16:37 acknowledgement form
16:39 you can get to that form through this
16:41 link that's included in this powerpoint
16:50 all right anne marie i think it's back
16:52 to me already
16:54 you have more to come and again i'm just
16:56 gonna touch on this really lightly here
16:58 but we have a few slides just as some
17:00 reminders about um the role of of uh
17:04 commission members um so we're gonna
17:06 quickly cover these three things
17:09 um and i'm so sorry i have an
17:12 interrupter here excuse me
17:26 so sorry i'm i'm single parenting
17:28 tonight so
17:31 okay so uh we're gonna talk about
17:34 attendance which you know during kova
17:36 this has been a real benefit to the
17:37 virtual meetings i think it's made
17:39 attendance much much easier um
17:42 we will talk in just a minute about the
17:44 return to in-person meetings and we do
17:46 you know sort of want to remind and
17:48 encourage you to
17:49 use
17:50 your um excused absences so if you're
17:53 unwell um if you have planned travel you
17:56 know we are at this time uh going to be
17:59 uh requiring boarding commission members
18:02 to attend meetings in person and so this
18:05 this function of providing uh city staff
18:08 notice of your planned travel and
18:10 anticipated excused absences is
18:12 important
18:14 for planning purposes and to ensure we
18:15 have a quorum we know you're also going
18:18 to have unplanned absences and just do
18:20 your best to provide as much advance
18:22 notice as you can
18:24 to staff again we we encourage five-day
18:27 advance notice but realize that it's
18:29 just not not always possible
18:32 um the uh city's been working on uh
18:36 plans for return in-person meetings so
18:38 the governor had a sort of very
18:40 long-standing proclamation sort of
18:41 prohibiting in in person requiring
18:44 virtual meetings and making the
18:45 in-person element optional that
18:47 proclamation was terminated yesterday
18:51 however the state legislature
18:55 had some foresight to amend the open
18:58 public meetings act during this last
19:00 legislative session and they carved out
19:02 a provision allowing for
19:04 all remote meetings
19:06 during a state of emergency if a
19:08 reasonable um
19:12 if if necessary to ensure reasonable
19:14 safety i'm not quoting that exactly
19:16 correctly um but basically it gives
19:19 local agencies an opportunity while the
19:22 covet emergency is in place to continue
19:24 to have all virtual meetings but the
19:26 city's working towards bringing all the
19:28 boards and commissions back um in person
19:31 the city council has been operating in
19:33 person since march
19:36 however uh we will be continuing to
19:39 offer a virtual component for members of
19:41 the public um and and on occasion uh
19:44 some of your presenters as well
19:48 your first meeting in july uh is july
19:51 14th so we will have uh you know barring
19:54 any um
19:56 you know this this all could change
19:58 we're trying to be flexible here with
20:00 covid case counts and whatnot
20:02 so i you know stay tuned but our current
20:05 plans are to bring you back in person on
20:08 july 14th and you will be seated at the
20:11 dice um
20:13 can certainly choose to wear a mask if
20:14 you would like to
20:16 and uh
20:17 get back into that whole in-person
20:20 meeting dynamic so
20:21 i wanted to take a moment to mention
20:23 that again if you have any questions let
20:25 me know or
20:27 let stephen know
20:30 and then you know i think i'm going to
20:32 roll past this section on alternates you
20:34 know it's something we'd like to
20:35 highlight it where the city is a little
20:37 unique and having alternates so we
20:38 always like to clarify how that works i
20:40 don't understand you have a few
20:41 vacancies right now so you you ever
20:44 pretty much everyone serving as a
20:45 regular member at all times so i'm going
20:48 to move past this i also know you're
20:50 very familiar with your meeting agendas
20:52 so i'm going to move move on down to
20:55 anne marie's section here
20:57 all right tisha just
20:59 wanted to give me more time since i only
21:01 got like 10 seconds the last time so
21:04 we'll just jump right into public
21:06 hearings right next slide
21:10 so there are two types of public
21:12 hearings that you'll see
21:14 there are the legislative public
21:16 hearings that's when you're trying to
21:19 obtain input on legislative policy
21:21 matters and then you have quasi-judicial
21:23 public hearings and that's when you're
21:26 going to be essentially the decider of
21:30 the rights of specific identified
21:32 parties typically with respect to like a
21:35 land use application
21:41 what you're going to be seeing most
21:43 frequently are the legislative
21:45 public hearings so this is where you're
21:47 acting like a legislator you are
21:50 making decisions that will affect the
21:52 community as a whole not any specific
21:56 identified parties when you're having
21:58 legislative public hearings there is a
22:01 requirement for notice to the public and
22:04 also a reasonable opportunity for
22:07 members of the public to be heard
22:09 the type of notice that's required is
22:11 typically set up by statute or in your
22:14 city's code
22:16 and then the notice has to describe what
22:18 it is that you're going to be doing so
22:20 what is the action that's going to be
22:22 under consideration by the commission so
22:25 that it gives members of the public
22:27 enough notice as to what you're going to
22:29 be talking about so that they can have
22:31 an informed opportunity to provide a
22:34 comment on that topic
22:39 so at when what does that really mean
22:42 what is that opportunity to be heard so
22:45 all members of the public have to be
22:47 allowed an opportunity to speak um and
22:50 that's whether it can be in writing or
22:53 it can be orally depending on the
22:55 certain situation
22:57 you are allowed to have reasonable rules
23:00 for how you accept that public testimony
23:04 they can be things that are really
23:06 dealing with the time place in the
23:08 manner of how that testimony can be
23:10 provided so you can provide things like
23:13 time limits or
23:15 codes of conduct for members of the
23:17 public when they're giving their um
23:19 their public comment
23:21 um but when you do have those rules you
23:23 should say those at the very beginning
23:25 of the public hearing so everybody
23:28 understands what the rules are what the
23:30 boundaries are for that public comment
23:36 so typically when you're dealing with
23:39 your legislative hearings you're going
23:40 to have decision criteria and again
23:42 that's going to be either outlined in
23:44 statute or in the city's municipal code
23:48 most of the stuff that you're going to
23:49 be dealing with is going to be outlined
23:51 within the imc
23:53 if there isn't any set criteria then you
23:57 can use a policy judgment as to how to
24:01 how to decide on that particular matter
24:04 that's before the commission
24:06 you're not really limited to just that
24:09 testimony and the documents however that
24:11 are presented during the hearing you can
24:13 still obtain other information to help
24:16 to inform your decision
24:22 the next type of public hearing are a
24:24 question due quasi-judicial hearings um
24:27 these are not as common with the ppc as
24:30 they are with for example the
24:32 development commission but it is still
24:34 something that you will encounter from
24:35 time to time so it's important to make
24:37 sure that you understand what the role
24:39 is when you are acting in a
24:41 quasi-judicial capacity so here you're
24:44 really acting like a judge so this is
24:46 like you're a court um you're holding
24:49 the hearing so you can gather evidence
24:52 and then you're making findings that are
24:53 based on the evidence that's provided in
24:56 that hearing
24:58 this you're really going to be looking
25:00 at the criteria that's outlined again in
25:03 statute or on code and then applying the
25:06 facts and the evidence that's been
25:08 provided
25:09 to the criteria so that you can then
25:11 make a decision and these again as i
25:14 explained earlier these are decisions
25:16 that affect the rights of specific
25:18 people
25:19 you're the applicant of whatever the
25:21 matter is before the commission rather
25:23 than the public as a whole
25:32 all right so when you're when you have
25:35 question judicial matters before you
25:37 again you are going to have rules of
25:40 procedure that are going to guide how
25:42 you
25:43 are
25:44 undertaking that particular matter
25:47 in the absence of rules then you should
25:50 work out a procedure in advance there
25:52 are times where they're going to be
25:54 special circumstances and so you have to
25:56 come up with rules that are going to
25:57 apply to that particular matter
26:00 when you do that again you want to make
26:02 sure that you announce what those rules
26:04 are
26:05 at the outset of the hearing so that
26:07 everybody understands what the rules are
26:10 that are going to apply for the penancy
26:12 of that particular matter
26:14 the party with the burden of proof will
26:17 be the party that goes first and then
26:20 the other parties such as you know city
26:23 staff members of the public opponents of
26:25 the project they then get a chance to
26:28 present their evidence in their side
26:31 and then again the person who has the
26:34 burden of proof they get a chance to
26:37 rebut anything that was raised by
26:40 the
26:41 opponents of the project
26:43 and then commissioners get the
26:44 opportunity to ask questions during the
26:47 hearing to help you to make your
26:48 decision
26:53 when you have quasi-judicial matters
26:55 that are before you then the appearance
26:57 of fairness will apply
27:00 what that means is that the proceedings
27:02 have to be fair
27:04 and they have to appear
27:06 fair so there's a test to determine
27:10 whether or not the appearance of
27:12 fairness has been implicated and that's
27:14 whether a fair-minded person observing
27:16 the proceedings and having essentially
27:19 no part in the proceedings would be able
27:22 to conclude that the the proceedings
27:25 were fair
27:28 this is a reasonable disinterested
27:30 person standard the focus is ultimately
27:33 on the decision maker's relationship
27:36 with the persons who are affected by the
27:39 decision um so this basically means that
27:42 if you have like a special relationship
27:45 you know it's a friend or a family
27:48 member or it's a business partner your
27:51 employer if you stand to benefit or
27:54 someone that you have a close
27:56 relationship stance to benefit from the
27:58 decision
27:59 then you may be precluded from hearing
28:02 the matter under the appearance of
28:04 fairness the appearance of fairness also
28:07 prohibits ex-parte communications
28:09 regarding the matter
28:11 with the proponents and opponents of the
28:13 project what that means is you can't
28:16 have outside of the hearing
28:19 conversations with for example the
28:21 applicant of the project or with
28:24 neighbors who are
28:26 against a project those are decisions or
28:29 those are discussions that need to occur
28:32 in the public hearing however if those
28:36 discussions do occur uh there's still an
28:38 opportunity to remedy any particular any
28:41 uh appear or ex parte communications by
28:44 disclosing the content of communication
28:47 on the record and allowing others an
28:49 opportunity to object to the
28:51 commissioner's
28:52 continued involvement in the matter
28:54 based on that particular communication
29:01 which i
29:03 i guess i already covered this so that's
29:05 again that's how you cure those
29:06 appearance of fairness uh issues is
29:10 again by
29:11 disclosing the content of communication
29:13 and then giving people an opportunity to
29:16 object one thing to note however is if
29:19 you have so many people
29:21 recusing themselves that you don't have
29:23 a quorum anymore then the rule of
29:24 necessity might come into play uh where
29:28 there uh you you may allow people to
29:31 continue to
29:33 serve in capacity as commissioner
29:36 if that would mean that there won't be
29:38 enough people to have a quorum to hear
29:41 the particular matter
29:46 so when you're dealing with those
29:48 quasi-judicial decisions the deploration
29:53 deliberations can occur immediately
29:55 following the hearing or they can happen
29:57 at a later date really that is going to
30:00 depend on the timing
30:02 the commissioners either might want time
30:04 to digest the information
30:06 or they uh there might just not be
30:09 enough time in that particular evening
30:11 you know it's close to 10 o'clock or you
30:14 know later than that and you want to
30:16 just save it until another time
30:19 the decisions just like the other
30:21 matters that we already talked about
30:22 have to be based on criteria that's in
30:24 your code
30:26 and the decision must be based on the
30:28 record so on the things like the
30:31 testimony and the evidence that is
30:33 provided in the context of the the
30:36 hearing and not by doing research on
30:39 your own having conversations outside of
30:42 the hearing those are the things that
30:44 are prohibited
30:49 finally we'll talk about legal
30:51 challenges to decisions of the city
30:57 so when you're dealing with legal
30:59 challenges you have to make sure that
31:00 procedural due process has been followed
31:03 again parties have to be given adequate
31:05 notice and a meaningful opportunity to
31:07 be heard and you have to follow those
31:09 procedures that are outlined in the
31:12 municipal code or in statute
31:16 there's also next slide yeah sorry
31:19 there's also substantive due process and
31:22 that's where you need to make sure that
31:24 the legislation is serving a legitimate
31:26 public purpose and that it's not
31:28 arbitrary or irrational
31:35 so when we're dealing with land use
31:38 decisions
31:40 any challenges to land use decisions
31:43 are heard through
31:45 the procedures outlined in state law
31:48 under the land use petition act
31:50 land use decisions can be appealed to
31:53 the superior court under the land use
31:55 petition act or lupa as it's referred to
31:58 as shorthand the court will then review
32:01 whether the decision um
32:04 was supported by substantial evidence in
32:06 the record with the whether it was based
32:09 on an erroneous interpretation of an
32:12 ordinance or other law
32:13 whether it was based on a clearly
32:15 erroneous application of the law to the
32:17 facts
32:19 whether it was based on a procedural
32:21 error that was not harmless
32:23 whether it was outside of the
32:25 jurisdiction of that particular decision
32:27 maker or whether it violates the
32:30 constitutional rights of any party
32:32 and if so then the decision may be
32:35 overturned
32:36 and the review is uh based on the record
32:39 that has been prepared by the
32:41 jurisdiction and no new evidence is
32:44 taken so at the outset of lupa the uh
32:48 the jurisdiction will prepare the record
32:50 that was
32:51 used for the decision maker to make
32:55 their decision
33:04 all right
33:05 and it looks like we made it to the end
33:09 and so here's both mine and tisha's
33:11 contact information
33:19 all right chair that concludes our
33:20 presentation
33:23 well thank you tisha and anne marie i
33:25 appreciate the presentation it doesn't
33:26 appear that we have any questions
33:28 because your presentation is so thorough
33:31 and
33:32 possibly because we have heard it once
33:33 or twice
33:35 thank you both very much we appreciate
33:37 you guys coming
33:38 here tonight and uh helping to educate
33:43 all right so
33:44 now we move on to topic number four
33:47 which is the adoption of the
33:48 commission's rules and regulations
33:50 and
33:51 what i'm kind of thinking and hoping
33:53 that somebody out there will agree with
33:56 is possibly making a motion to approve
34:00 um the rules and regulations and then as
34:02 we move through the topics because
34:04 there's some that we don't even have
34:06 action required unless we want to
34:08 and then we can possibly because i
34:09 believe there's eight amendments
34:12 if there's any deliberation or
34:14 contention then on those particular
34:16 particular topics we can open it up for
34:19 discussion
34:20 um debate make a motion
34:23 and then vote
34:25 it might be just a cleaner and easier
34:27 way to go about this
34:29 um just by opening it up
34:31 making that motion and then starting to
34:34 have steven present for us
34:40 yeah i'll make a motion to adopt the
34:41 replacement rule that's presented in the
34:43 materials with the minor changes
34:45 received from the commission
34:49 we have a second
34:52 chair i'll second it
34:56 nina milligan
34:59 thank you commissioner milligan thank
35:00 you commissioner monaghan vice chairman
35:03 um stephen i believe you are up for the
35:05 presentation of the amendments to our
35:07 rules and regs
35:10 great thank you
35:12 can you let me know if you see my
35:14 presentation perfect
35:17 so tonight i'm going to talk about the
35:19 the replacement rules and regulation
35:20 amendments um
35:22 several i received from
35:24 commissioners and several were proposed
35:26 or at least brought up by staff in the
35:29 material memo so just really quickly the
35:32 overview of the replacement regulate or
35:35 the replacement rules
35:36 is that it's it's regularly updated to
35:39 incorporate best practices that are
35:41 reviewed and approved by the city clerk
35:43 as well as the city attorney and then it
35:45 also maintains consistency with how the
35:48 other boards and commissions um
35:51 adopt their own rules and regulations
35:53 and maintains our own consistency as a
35:56 as a commission
35:57 in terms of how we operate
36:00 the
36:02 replacement rules came from the draft or
36:04 were drafted from the development
36:05 commission's latest
36:07 uh rules and regulations which were
36:09 adopted last year
36:11 the major the biggest changes that we
36:13 added to our own rules and regulations
36:15 came with the addition of the public
36:16 hearings
36:17 and then i we added in minor
36:20 commissioner edits um which didn't
36:23 change any
36:24 intent or
36:26 any of the context of a lot of the
36:28 language that were presented in the
36:29 materials
36:31 but if the commissioner would like to
36:32 see those uh let me know once i run
36:35 through each of the amendments
36:37 so tonight we have six amendments that
36:38 will be just going through and
36:40 discussing um as chair voice had
36:45 kind of indicated we're going to go
36:46 through each one with each of the
36:48 options
36:49 with
36:50 the
36:51 ideas that you would either go with
36:53 option one which is keep as presented in
36:55 the materials which requires no action
36:58 um but if there's a motion to make a
37:00 change and that's what the commission
37:03 would actually discuss and then vote on
37:06 for each of the amendments so to your
37:08 voice i hand it over to you for the
37:09 first item
37:11 which is uh just confirmation of the
37:13 meeting dates and time
37:16 all right
37:18 well
37:23 i believe for the
37:25 first one the meeting confirmation that
37:27 is our typical regular meetings at 6 30.
37:32 i guess it'd be city chambers
37:34 but currently virtual
37:38 and i believe we have two options so
37:40 option one is to keep that what we've
37:42 always known or option two is to change
37:49 is there any motion to change it
37:55 so this is where like i said i'm still
37:57 got a little bit of learning curve i
37:58 guess uh hearing none
38:00 we move along
38:02 i'm looking at you matt
38:04 that's not a good one
38:06 hearing none we move along exactly
38:10 okay appreciate it violence is consensus
38:13 island's okay okay
38:15 for the first amendment um it's to
38:18 determine kind of the length of public
38:20 comment this is something that's
38:21 presented at most of the boards and
38:23 commissions consider when they update
38:24 their rules and regulations and so the
38:25 first option that was presented in the
38:28 memo was consideration of keeping it the
38:29 same which is five minutes when we have
38:31 public comment
38:32 or consideration to changing the length
38:34 of public comment to three mid uh three
38:36 minutes
38:37 which is consistent with a change that
38:39 the transstate advisory board made for
38:41 their rules and regulations
38:44 and i'm happy to answer any questions on
38:46 these um sureflies
38:51 does anyone have any questions on
38:57 all right looks like we're gonna stick
38:58 with five minutes option one
39:00 hearing none
39:02 okay
39:03 moving on to
39:04 amendment two
39:06 so the second amendment is the move of
39:08 the public comment on the agenda
39:11 originally in our current
39:13 rules and regulations comment public
39:15 comment is actually identified at the
39:16 end of the agenda
39:18 um i think based on conversations we've
39:20 had with commissioners the preference is
39:22 to have public command at the beginning
39:23 so that is what's actually presented in
39:26 the
39:27 uh replacement rules that was presented
39:30 to the commission so
39:32 hand it over you to
39:34 to you
39:35 uh chair voice
39:38 all right so speaking to amendment two
39:39 the public comment on the agenda whether
39:41 it should be before the agenda
39:44 or at the end
39:46 does anyone have any questions
39:50 any motions
39:52 tara voice it looks like there's a
39:54 question from commissioner lewis
39:58 no problem at all my chat for some
40:00 reason isn't working because i don't
40:01 have everyone i just have host
40:04 and then the commissioners alone but i
40:06 can't i can't see anything in my chat
40:08 screen
40:11 so i can i can track the chat sure voice
40:13 okay
40:14 okay
40:17 please commissioner lewis
40:19 thank you chair voice um what i want to
40:21 clarify is because we actually had a
40:23 change of procedure recently uh so i
40:26 want to make sure what this does is this
40:28 actually just addresses a separate
40:30 um agenda item of public comment in
40:33 addition to public comments that we're
40:35 taking if we're obviously having a
40:37 public comment
40:39 for whatever our agenda items are so
40:41 this would actually be a double in a
40:43 meeting where we have public comment
40:45 there would actually be two spaces for
40:48 public comment is that correct stephen
40:50 uh no this is just so i i should clarify
40:54 from what was in the memo we identified
40:55 kind of the three different options of
40:58 having public comment at the beginning
40:59 have a public comment at the end or
41:00 having public comment after every topic
41:02 this is kind of addressing the first one
41:04 which is do we have public comment
41:07 identified on our agendas
41:09 at the beginning of the agendas uh
41:10 versus at the end and then the next
41:13 amendment is the discussion on do we
41:15 have it after every topic does that help
41:16 pennsylvania
41:18 that is my question thank you that's why
41:20 thank you for breaking that up into two
41:21 that's what i wanted to make sure we
41:22 were talking about
41:26 yeah and discussion with uh tisha city
41:28 clerk we
41:30 it made sense to split this up to make
41:32 it a cleaner discussion with further
41:33 commissioners
41:37 so this would be our typical general
41:39 public comment correct stephen
41:42 correct
41:46 so two options again before us for the
41:48 general public comment as far as where
41:50 it appears in our agenda
41:52 uh move to the beginning
41:55 or again
41:56 we can't change it um but that would
41:58 require emotion or action on
42:00 one of our commissioners behalf
42:06 hearing none
42:07 option one
42:11 okay moving on to the next amendment
42:13 this is to allow additional public
42:15 comment with every topic in public
42:16 hearings and so similar to the other
42:19 amendments if the first option is
42:22 requires no action that's not to add the
42:24 edit or the second option requires a
42:26 motion and that is to add the edit to
42:28 put it into our rules and regulations to
42:31 identify public comment with each topic
42:34 discussion in public hearings
42:43 stephen this is tisha can i make a
42:45 clarification here
42:47 yes please
42:49 so i um as i understand it this would
42:53 so your your public hearings or public
42:56 comment is a required element of your
42:57 public hearings
42:59 as as implied in the title so that's
43:02 that's not going anywhere you're always
43:04 going to be taking public comment at
43:05 your public hearings but um i think that
43:08 what we wanted to talk to you about here
43:09 was um what i believe has become a bit
43:12 of a practice to take public comment
43:15 after each agenda item
43:17 irregardless of whether it's a public
43:19 hearing
43:20 um and so
43:21 that is not currently in the ppc's rules
43:24 of procedure nor is it being indicated
43:26 on your agendas currently that there's
43:28 interspersed public comment
43:30 opportunities so this is an opportunity
43:32 tonight to sort of clarify um
43:36 where and how that public comment is
43:38 going to occur so that your rules your
43:40 agenda and what's happening at the
43:41 meeting is all consistent um for at
43:44 every meeting
43:45 so um that's what we wanted to bring
43:47 forward to tonight you know i know
43:49 steven and i do have some thoughts about
43:51 the
43:52 the public public comment occurring
43:55 after each agenda item there's sort of
43:57 some operational considerations there um
44:00 given that we have limited time with uh
44:02 with you to um
44:05 uh provide input on your work plan items
44:07 and make recommendations um the
44:09 interspersing of public comment can can
44:12 be challenging to facilitate for the
44:14 chair for the staff
44:16 i i'd also just like to mention that you
44:19 know as we talked about earlier tonight
44:22 we will be
44:23 providing an ongoing opportunity for
44:25 members of the public to participate
44:26 virtually in your meetings and make
44:28 comments virtually um which i i'm really
44:30 excited about that opportunity um but
44:33 providing those
44:34 frequent public comment opportunities
44:37 throughout the meeting does become more
44:38 challenging when we're managing both
44:40 people who might be in the room and
44:41 monitoring people who might be attending
44:44 virtually so just wanted to share a
44:46 little bit of input there and provide a
44:47 little more context and look forward to
44:49 hearing your discussion
44:56 great thank you tisha
45:07 okay
45:09 would anyone like to comment about
45:12 um allowing additional public comments
45:14 with every topic in public hearings
45:19 commissioner lewis
45:22 thank you chair boyce i i i really
45:25 appreciate
45:26 the opportunity to be able to discuss
45:28 this tonight because i think it's pretty
45:29 fundamental to how we
45:31 how we run our agendas and how we engage
45:32 with the public which in my opinion is
45:34 one of the most vital things that we do
45:37 second only to advising the council is
45:40 being able to give a space for the
45:42 public to be able to come
45:43 when we have really elaborate agendas i
45:46 can recognize that it can get very
45:48 onerous but it's also i think very
45:50 difficult for members of the public to
45:51 prepare comments on these large packets
45:54 and feel that they need to present
45:56 everything they want to say in a
45:57 compressed time period and it's been
45:59 hugely beneficial especially when we do
46:02 our work on title 18
46:04 to be able to have these opportunities
46:05 for a pause and break and be able to
46:07 break these things up i also think it is
46:09 very important that we actually put it
46:11 into our rules and regulations
46:13 so i'll be very interested to see how
46:14 everyone else feels but i think that
46:16 having more venues for the public to be
46:18 able to comment on the work we do is is
46:20 very important so i'm a proponent of
46:22 that and would love to hear what you
46:24 guys say
46:29 thank you commissioner uh commissioner
46:31 milligan
46:33 hi and i really only have one i think i
46:35 was um adding my thing because i was
46:39 trying to get all panelists thank you uh
46:41 commissioner nina milligan here thanks
46:43 chair boys
46:44 i have a couple questions one
46:48 i'll just bundle them up a little bit
46:49 one is the word
46:51 allow
46:53 so when it says allow additional public
46:56 comment with every public hearing that
46:58 speaks to me differently than require
47:02 the public hearing to be open
47:04 with every topic
47:06 and
47:08 and then i want to understand more
47:11 clearly
47:12 if we do nothing no amendment here then
47:15 we are going with the opportunity for
47:17 the public to speak
47:19 after every topic
47:23 the other question has to do with when
47:26 the agenda is written and how a topic is
47:29 identified sometimes when um we've had
47:32 topics come to us
47:34 the agenda has one big um
47:38 title and then there are sub titles
47:41 underneath it so at what time is it
47:43 determined that it is a
47:46 topic
47:47 that's broken up
47:50 and just
47:51 for curiosity now and and when does that
47:53 decision get made who makes that
47:55 decision so the first thing is the
47:56 difference between allow and require and
47:59 the other is what defines a topic
48:02 and generally speaking i'm agreeing with
48:03 um chair lewis i i like each topic being
48:06 broken out it helps us in our
48:08 deliberations and it helps to control
48:10 and manage the complexity of the topics
48:12 for the public so i'm in favor but i
48:15 just want to hear these
48:21 care voice you manage if i respond um
48:23 with questions no please please go ahead
48:27 and and then i'll i'll
48:30 first respond and then tisha if if i'm
48:32 missing anything please add on um so the
48:34 the difference between uh allow and
48:36 require is is
48:37 staff kind of see it the same the intent
48:40 of this is we need to put it into our
48:42 rules and regulations if that's what we
48:44 want to have as part of our agendas
48:46 um that they require
48:49 uh makes the assumption that someone
48:51 wants to speak up for public comments so
48:53 it's it's hard
48:55 to staff there's no difference between
48:57 two the main thing is we want whatever
48:59 the commission wants you want to
49:01 recognize that in the rules and
49:02 regulations
49:04 for your second question on decision on
49:06 agendas
49:08 staff make a recommendation based on
49:10 the topics that are being brought on the
49:12 agendas and we discussed that typically
49:14 with
49:15 the commission chairs
49:17 to look at if
49:19 it makes sense to bundle certain topics
49:21 based on what type of policy questions
49:22 we might have for the commissioners as
49:24 well as the context of the topics as
49:26 well as if if it's really heavy then we
49:29 really and and requires a lot of
49:32 explanation and detail then we probably
49:34 don't want to bundle that with something
49:35 else and separate it out but if there
49:38 isn't a lot of policy question on a
49:40 particular topic that we're bringing to
49:41 the commission
49:42 and there we don't expect a huge
49:45 discussion on it then that's where the
49:47 staff will make the recommendation that
49:48 okay maybe maybe we can bundle these
49:50 items together um as it makes sense to
49:53 kind of talk about them especially if
49:54 there's overlap in the type of topics
49:56 that we're bringing to the commission as
49:57 well
50:03 thank you stephen um did i miss anything
50:06 uh you did a great job stephen the only
50:09 thing i'd clarify
50:11 commissioner milligan is that current
50:12 the current
50:14 uh replacement rules do not provide for
50:18 this um public comment after each
50:21 agenda item so that would be an
50:24 amendment that the commissioners could
50:26 make to
50:28 to add that and so i'm sorry if that
50:30 didn't come through as i'm looking at
50:32 the slide
50:33 it doesn't appear to have come through
50:35 so stephen correct me if i'm wrong but i
50:37 did not see that provision for public
50:40 comment after each item in the
50:42 replacement rules
50:44 that's correct what was presented in the
50:46 commission's materials doesn't doesn't
50:48 reflect this so this would need to be an
50:50 amendment to
50:52 that yeah and i would i double down on
50:55 what stephen said um
50:57 while on the allow versus require we
51:00 really are looking for consistency so
51:02 where i think it would be advisable to
51:05 to put a little discretion in there but
51:07 we the expectation is if the commission
51:09 wanted that comment after each agenda
51:12 item that we would aim to do that for
51:14 for each agenda item and um
51:18 just for consistency purposes
51:30 chair voice you're muted
51:34 thank you stephen thank you tisha uh
51:36 vice chair monahan
51:38 yeah hey matt monahan here uh
51:41 my vote would be to keep the things as
51:43 they are in the rules today which is
51:45 have one
51:46 public hearing for all items um at the
51:49 end of the various fault questions that
51:52 we might add um the reason why i like
51:54 just having one
51:56 i i hear staff on just operationally
51:58 it's gonna get really difficult when we
51:59 have multiple different ways for the
52:01 public to participate
52:03 and that's a good thing obviously but if
52:05 we have to do that multiple we're
52:06 already doing it you know at least twice
52:08 in these meetings right with general
52:09 public comment and then public comment
52:11 on the public hearing if we were to do
52:13 that multiple times i just can only
52:14 imagine kind of the
52:16 some of the operational issues that are
52:18 going to come up and people are going to
52:19 be cut off when they didn't we didn't
52:21 mean to and i don't want that so i'd
52:23 like to just try to land that plane
52:24 twice and not three four five times i
52:27 also like the idea of being consistent i
52:29 understand the development commission
52:30 might do things a little bit differently
52:32 but if we can fall back into line with
52:34 the vast majority of the other boards
52:36 and with the way city council does it
52:38 that just isn't much cleaner um and then
52:41 you know on the legal piece so the
52:42 procedural due process having brought a
52:44 case like this i would make a meal out
52:46 of the fact that a commission was doing
52:48 something different than other
52:49 commissions um
52:50 it just doesn't look good for anybody
52:53 and so i'm
52:55 i'm fairly
52:57 strong in my beliefs that we should go
52:59 we should although i recognize why we
53:01 did it for title 18 and it sort of made
53:04 sense i think now it's time to go back
53:05 to first principles and have you know
53:07 one general public comment at the
53:09 beginning of the meeting and then a you
53:11 know public comment on the public
53:12 hearing um once in a meeting and give
53:15 the public an opportunity to participate
53:17 at that time
53:18 thank you
53:23 thank you commissioner monahan uh
53:25 commissioner bader
53:27 yeah hi says sarah bader um
53:29 i want to preface my comment by saying
53:32 that this isn't to like discount the
53:33 value of the public comment because i
53:34 find them speaking after every topic
53:37 really helpful but i think in practice
53:39 what we have seen happen is that
53:41 especially when it gets to you know 9 30
53:43 at night and we're kind of past the end
53:45 and everybody's tired that there have
53:47 been times where
53:48 someone's wanted to make a comment and
53:49 they've been like just read my letter um
53:51 you know because there's a pressure um
53:53 at that point to not you know to kind of
53:55 get this over with um so i actually
53:57 think it's been detrimental in some
53:59 instances to um public who have been
54:01 there um when they have to wait until
54:03 that topic is presented and so for
54:05 for that reason um i think the the kind
54:09 one bucket in addition to the general
54:10 public comment bucket might be the the
54:12 way to go
54:17 thank you commissioner bader
54:19 commissioner milligan
54:26 thank you commissioner 90 milligan here
54:28 and thank you commissioner monahan uh
54:31 you've bent my ear to the legal side i
54:36 uh appreciate the um consideration that
54:38 you brought
54:39 uh and agree with you on a plus one but
54:42 i also want to expand it a little bit
54:44 and it goes back to my uh earlier
54:46 comment about defining
54:48 uh what the topic is and i think that
54:51 this needs to also
54:54 and and tisha can and explain this a
54:57 little further it needs to relate to the
54:59 notice of the public hearing
55:01 that goes out to the public to say we're
55:04 having a public hearing it's on this
55:06 topic
55:07 and
55:08 per topic
55:10 we will have
55:12 a public hearing
55:14 now in in any meeting
55:16 you're right title 18 has been odd
55:18 because
55:20 we've made buckets but usually we'll
55:22 have a topic
55:24 and we could have more than one public
55:26 hearing in an evening depending on the
55:28 notice
55:29 of the topic
55:31 that leads us to hold public hearing so
55:34 i'm um i'm thinking that
55:36 if if i'm correct so let me know if i'm
55:38 correct and then the other is thank you
55:40 commissioner monahan and leaning towards
55:42 the original option depend and it
55:44 depends on a careful uh distinction of
55:47 what a topic is
55:53 thank you commissioner milligan uh
55:56 commissioner lewis
55:59 thank you chair boyce um i appreciate uh
56:03 matt's comments and i also appreciate
56:05 that uh the city clerk and our city
56:08 staff have looked over and presented us
56:09 with these options knowing that we they
56:11 are in line and that we're not crossing
56:13 any legal boundary right now uh since we
56:15 have a great support staff to be able to
56:17 give us these options i uh
56:20 i do think that it's uh important that
56:22 the
56:23 the
56:24 the public know when they can comment
56:26 and so again to nina's point of being
56:28 able to use that word allow it's not a
56:30 requirement to be able to have in our
56:32 agenda meetings that people know when
56:34 they do have an opportunity to speak to
56:35 kind of cut down confusion is important
56:38 so what i'm going to do right now is i'm
56:39 going to make a motion
56:41 uh for an amendment for option two
56:44 as presented to us
56:48 and see if uh
56:50 if i have a second
56:52 do we have a second
57:06 all right hearing
57:08 um there we go we got one in the chat uh
57:11 nina
57:13 i'm gonna second the um motion because
57:16 then
57:17 we're still
57:19 discussing before we vote
57:22 i want a lot of discussion on um
57:24 commissioner lewis's motion
57:28 yep
57:29 all right so now that we have a motion
57:31 and has been second we can have a
57:33 discussion so we can open this back up
57:35 with staff and then we can take a final
57:37 vote and see what it exactly um
57:40 we're putting into this
57:42 this particular amendment
57:46 so again learning curve with me so
57:49 phoning a friend out there somebody
57:52 where are we going with this stephen are
57:53 you going to present anything more on
57:55 this topic
57:57 your voice i think i'd like to just kind
57:58 of clarify on
58:00 what was presented for so specific to
58:02 what's on the screen
58:04 um specific to public hearings and going
58:08 to commissioner milligan's uh
58:10 comment question
58:12 in terms of trying to determine
58:15 what was you know trying to clarify what
58:17 was actually the edit going to be this
58:20 was specific to the public hearings and
58:23 the
58:24 amendment would be to put into our
58:27 public hearings
58:28 splitting up the topics as recommended
58:31 by staff and working with the chairs
58:34 and then allowing multiple public
58:36 comments as part of the public hearing
58:38 what's in the presented materials
58:41 provided to the commission tonight
58:43 is that we would consolidate those
58:45 topics and not split them up
58:48 and then have public clarifying
58:50 questions
58:51 and then have
58:53 consolidated public comments on all of
58:55 it and then commission would have their
58:56 deliberation that's that's what's listed
58:59 in terms of order of items
59:01 uh for public hearings does that
59:04 commissioner milligan does that clarify
59:06 your comment question
59:11 um if i may and i put q may i chair
59:14 voice
59:15 commissioner milligan here thank you um
59:18 so when i'm here let's let's talk about
59:21 a couple examples that might be helpful
59:23 here because we have been so long in
59:25 title 18. let's say we're going forward
59:26 and we have a um
59:29 a public hearing on a rezoning
59:33 and we have a public hearing on uh
59:35 something else please help me some you
59:37 know some other thing a change in the
59:38 comp plan
59:40 i don't know
59:41 let's say that let's say those so
59:43 those would be
59:45 two different topics
59:47 in the agenda and there's nothing that
59:50 would conflate them
59:51 they would remain two different topics
59:53 and we'd have a public hearing on one
59:55 and we'd have a public hearing on the
59:57 other
1:00:00 correct that is the way that it would be
1:00:02 if we do not amend
1:00:05 right okay
1:00:06 then if the
1:00:09 uh the
1:00:12 the change to the comp plan
1:00:15 topic had a lot of sub categories in it
1:00:20 if we leave it the way it is everybody'd
1:00:22 have to speak to the subcategories at
1:00:23 one time in the public hearing
1:00:26 but one would hope that back in the
1:00:28 docket or wherever it is that these
1:00:29 things get decided that these topics are
1:00:32 clear
1:00:33 and not
1:00:34 uh a complicated a
1:00:36 bunch of separate real topics i think
1:00:39 you know we're talking about this here
1:00:40 year i'm asserting the point that having
1:00:44 one public hearing per topic is the way
1:00:46 to go
1:00:46 but i think it is very dependent on how
1:00:49 the topics are
1:00:51 developed
1:00:52 because i do want the public to be able
1:00:55 to contribute in a meaningful way on a
1:00:58 package of information that is
1:00:59 digestible by by all of us
1:01:02 so that's um if you have further things
1:01:03 to say about that be nice thank you
1:01:08 i think commissioner milligan you you
1:01:10 clarified it exactly how how it would be
1:01:12 in terms of like how it's presented
1:01:13 right now um if it's a separate public
1:01:16 hearing there would be a separate public
1:01:17 comment for that public hearing if even
1:01:20 if it's a complex topic but it's one
1:01:21 public hearing there's still only one
1:01:23 public comment allowed for that and
1:01:26 that's that's kind of how it's spelled
1:01:28 out in the presented
1:01:31 replacement rules
1:01:36 if i may jump in commissioner voice so
1:01:39 basically again this is this is going to
1:01:40 also come down to myself and
1:01:43 and vice chair monahan and staff working
1:01:46 consolidate these topics
1:01:49 to be able to present so it'll fall upon
1:01:51 us to be able to give and provide
1:01:54 staff with enough
1:01:55 where we think we can find
1:01:57 topics that meld together and then say
1:01:59 we want to put this out from a public
1:02:01 hearing or you know staff will obviously
1:02:03 come to us and then like you just
1:02:05 mentioned that would get one hearing in
1:02:07 itself one opportunity to comment
1:02:09 doesn't mean if we have a slow night we
1:02:11 can have two different public hearings
1:02:13 but we wouldn't go through sub-topic
1:02:14 sub-topic sub-topic and continually just
1:02:17 let common common comment
1:02:19 which i think is part of the gripe at
1:02:21 least for myself
1:02:22 is that
1:02:24 sound about basically what commissioner
1:02:25 milligan said a lot more elegantly than
1:02:27 i did
1:02:40 chair voice yes so
1:02:44 to to kind of reiterate what your voice
1:02:46 was saying the intention for staff is to
1:02:49 try to make
1:02:50 any of these topics and public hearings
1:02:51 as simple as possible in terms of
1:02:53 consolidation we don't i mean it's not
1:02:55 beneficial to you and not beneficial to
1:02:58 to bring such a complex topic that it's
1:03:00 difficult for us to discuss in a public
1:03:02 hearing and so to be able to split that
1:03:05 up as much as we're able to
1:03:07 we we work as much as we can with the
1:03:09 chairs to make that work
1:03:13 thank you stephen tisha
1:03:15 chair with your permission i you know we
1:03:17 have we have a land use expert with us
1:03:20 tonight um anne-marie soto i i was
1:03:22 wondering if she might have any thoughts
1:03:24 on um this the concept of separating
1:03:27 these public
1:03:28 hearings into topics there's there's
1:03:31 discretion that's required in that and
1:03:34 based on some of the material material
1:03:36 she presented earlier tonight i'm just
1:03:38 anne marie
1:03:40 might you have any
1:03:43 thoughts with again with the chairs
1:03:45 willingness
1:03:47 please say marie
1:03:49 more information the better
1:03:51 yeah so you have some flexibility in the
1:03:54 way you do it
1:03:55 um if the commission wants to allow to
1:04:00 separate topics then you can certainly
1:04:02 do that um but ultimately you are merely
1:04:06 required by law to have
1:04:09 a public hearing on the overall
1:04:13 if you want to separate it out because
1:04:16 it might be confusing or because you
1:04:19 want to get
1:04:21 more into the nitty-gritty of a
1:04:23 particular topic you can certainly do
1:04:27 that is something that you don't
1:04:29 necessarily need to decide by
1:04:33 putting it in your rules of procedure as
1:04:36 we talked about before you can also have
1:04:39 some you have some flexibility where if
1:04:41 there are special special circumstances
1:04:43 you could announce that for this
1:04:46 particular public hearing we're going to
1:04:49 take a testimony on these specific
1:04:52 topics separate from the overall
1:04:55 uh the overall topic so when we're
1:04:58 dealing with for example all of these
1:05:00 buckets for the title 18 update you know
1:05:03 you have the you know bucket number four
1:05:06 but within bucket number four there
1:05:08 might be you know three or four distinct
1:05:11 topics within that bucket so you could
1:05:15 we're just going to have a public
1:05:16 hearing on bucket number four and pretty
1:05:19 much anything that's within those
1:05:21 buckets is
1:05:23 available for the public to comment on
1:05:25 or you can say we're going to have a
1:05:28 public hearing on bucket number four but
1:05:31 specifically we'll take testimony on
1:05:34 these specific items
1:05:36 separately so that you can have a little
1:05:39 bit more focused discussion on those
1:05:42 you don't need to decide that
1:05:44 necessarily by putting it in your rules
1:05:46 though you can decide that prior to a
1:05:49 particular public hearing that's the way
1:05:51 you might want to do it for that
1:05:53 that um that item
1:05:55 so that you have a little bit of
1:05:57 flexibility you just want to make sure
1:05:59 if that's what you're going to do and
1:06:01 it's not in your rules of procedure that
1:06:03 you are communicating that to the public
1:06:06 in advance of the public hearing so that
1:06:08 they understand how you're going to be
1:06:11 taking testimony and then at the outset
1:06:13 of the public hearing that particular
1:06:16 evening you would want to again explain
1:06:19 this is the way we're going to be taking
1:06:21 public testimony tonight you know we
1:06:24 we're separating it out into these
1:06:25 separate topics
1:06:27 if you have a general comment however
1:06:29 that doesn't neatly fit into those
1:06:31 topics you would still want to make sure
1:06:33 that it's if it's covered under the
1:06:35 overall umbrella that you're still
1:06:37 taking top uh comment on that item
1:06:43 thank you emory yeah that was very
1:06:45 helpful um you might want to stick
1:06:46 around because commissioner
1:06:49 uh vice chair monahan has a question i
1:06:51 don't know who it's directed towards
1:06:52 yeah sorry this is going to be directed
1:06:54 towards anne-marie um so clarifying
1:06:57 question okay let's say there's one
1:06:58 overarching topic bucket four and within
1:07:00 bucket four we have subtopics a b c and
1:07:02 d and we say we're going to take public
1:07:05 hearing on a b c and d
1:07:07 do we then at the end of d
1:07:09 have to have a public hearing or bucket
1:07:12 four writ large or can we rely just on
1:07:15 the public comment for subtopics a b c d
1:07:19 that makes sense
1:07:20 depend on how granular you're getting
1:07:23 with those buckets so if your buckets
1:07:27 are so specific that it doesn't cover
1:07:30 everything that's in
1:07:32 you know the overall
1:07:34 bucket number four um you wouldn't want
1:07:36 to be precluding the public from being
1:07:39 able to talk about something that might
1:07:41 not neatly fit into those
1:07:43 buckets so
1:07:45 i mean it can get a little confusing
1:07:47 when you're doing it that way because
1:07:49 you want to make sure that if
1:07:52 if here's the topic here's the overall
1:07:54 topic
1:07:55 and you've got you know this little neat
1:07:58 part this little neat part but something
1:08:00 doesn't quite fit within you know one of
1:08:03 those sub parts what are you how are you
1:08:06 going to make sure that the public still
1:08:07 gets an opportunity to comment on it
1:08:11 right yeah i
1:08:12 could get even more confusing you know
1:08:14 we say we're only going to talk about
1:08:15 the even number pages well i want to
1:08:16 talk about the odd number pages so yeah
1:08:18 i i get it um
1:08:21 all of this just leads me
1:08:22 to further underscore my my my position
1:08:25 that having just one
1:08:27 with the flexibility that look if
1:08:29 everybody at the meeting thinks hey
1:08:30 breaking this up for this one meeting
1:08:32 and we can publicly announce it
1:08:35 that's fine but
1:08:36 yeah i just i get nervous
1:08:38 particularly like some members of the
1:08:39 public don't necessarily want to confine
1:08:42 you know
1:08:43 if they have a comment on on you know
1:08:45 topic d they don't want to sit through
1:08:46 topics a through c
1:08:48 um and then only be able to comment on
1:08:50 topic d right they want to be able to
1:08:52 say it you know
1:08:53 as part of their overarching comment so
1:08:55 thank you for the clarifying question i
1:08:56 appreciate it
1:09:01 thank you vice chairman and thank you
1:09:03 all of you for your wonderful comments
1:09:07 i kind of saved my mind from my own i'm
1:09:09 kind of an agreement with vice chair
1:09:10 monahan and commissioner bader
1:09:13 um i i think like i said we need to try
1:09:16 and rule in a little bit i understand
1:09:17 what we tried to do with title 18 i like
1:09:20 the idea of being able to have
1:09:22 one public hearing
1:09:24 and then having the flexibility with
1:09:26 proper notice where we can
1:09:28 discuss maybe myself and
1:09:30 vice chair monahan and even reach out to
1:09:32 other commissioners where they think hey
1:09:34 this is an area we need to break up and
1:09:35 ask for additional testimony so i think
1:09:37 we get the flexibility that we want with
1:09:39 also having a cleaner more efficient
1:09:43 meeting process
1:09:45 so that's where i'm leaning
1:09:50 commissioner lewis
1:09:53 thank you chair boys commissioner joy
1:09:55 lewis actually i put comment but it's
1:09:56 kind of more of a question steven
1:09:58 uh right now we're
1:10:00 proposing to be able to put it into
1:10:02 our rules and regulations in the agenda
1:10:05 of how we run things but what i'm
1:10:06 wondering is if instead we could put a
1:10:09 line in in section seven because i think
1:10:12 really what the intent is to allow for
1:10:15 there to be discretion to staff and to
1:10:17 the chair to be able to have this
1:10:19 flexibility so would we instead be able
1:10:22 to add it as a line item in the way that
1:10:24 we talk about
1:10:25 how the responsibilities of the chair to
1:10:27 to work with staff are we able to then
1:10:29 instead just use a line item that talks
1:10:31 about having a discretion to be able to
1:10:33 add additional points and just be able
1:10:35 to give that flexibility without
1:10:37 necessarily building it into our agenda
1:10:39 every single time so that we kind of hit
1:10:42 the um
1:10:43 the intent of how ppc has been running
1:10:46 rather than necessarily codifying it
1:10:48 right into our agenda meeting minutes is
1:10:50 that an option that we can do
1:10:53 uh commissioner lucy actually bring up a
1:10:55 good point uh there is actually already
1:10:57 a line item under the
1:10:59 public participation section for section
1:11:02 7 that gives the chair the discretion
1:11:04 for public comment
1:11:10 so then i'll follow up so is there any
1:11:12 reason that staff doesn't feel that how
1:11:13 we've been operating historically is in
1:11:16 contrast to how this is i guess that's
1:11:18 what i was getting is that staff was
1:11:19 saying hey we want to we want to give
1:11:21 more clarity to that right and so being
1:11:24 able to then put it into our agenda
1:11:25 topics when we present them to the
1:11:28 public and we give notice of our
1:11:29 meetings i think we're all in agreement
1:11:30 about but what i'm trying to question is
1:11:33 if we're able to just put it in section
1:11:34 seven
1:11:35 and if we think that language is already
1:11:37 sufficient then we really don't need to
1:11:39 carry forward with emotion but again
1:11:41 that would be staff saying hey we do or
1:11:43 don't think that your rules and
1:11:44 regulations adhere to how you've been
1:11:46 operating
1:11:50 to respond i'm gonna phone a colleague
1:11:53 tisha
1:11:56 sure i'll offer some input anne-marie
1:11:57 please feel free to and add your
1:12:00 thoughts too my my thought is it would
1:12:02 be nice to have a statement in the rules
1:12:05 explaining that that might be an option
1:12:07 the commission chooses and maybe
1:12:09 establishing how that would be decided
1:12:12 i think
1:12:14 i i just tend to think the the more
1:12:16 transparent we can be in the less
1:12:18 discretion about what's done is
1:12:21 is uh welcome and that was really one of
1:12:23 the points of bringing these rules to
1:12:25 you is that they provide a lot more
1:12:27 clarity and specificity in a number of
1:12:29 situations so i think that that um while
1:12:33 i don't think it's necessarily precluded
1:12:35 from your rules i think adding a
1:12:37 statement saying that and whether it be
1:12:39 at the chair's discretion or
1:12:41 a majority of the commission at the
1:12:44 outset of the public hearing agrees
1:12:49 break the public hearing uh
1:12:51 comments into topic areas or
1:12:54 just maintain flexibility in how the
1:12:56 public comment is taken would be a good
1:13:11 are there any more comments or questions
1:13:17 so uh stephen could you put the
1:13:20 that last slide up
1:13:21 please
1:13:29 can you see it's like
1:13:31 yes okay
1:13:35 so we have option one which is i believe
1:13:37 that is going to be
1:13:39 basically what we've discussed
1:13:41 and then option two which would require
1:13:43 a motion for any type of amendment to
1:13:46 amendment three
1:13:48 well chair we have a motion that's been
1:13:50 seconded at this point on option two
1:13:55 option two uh
1:13:58 by commissioner lewis am i getting that
1:14:00 right
1:14:04 so i've got uh
1:14:06 commissioner lewis for comment like i
1:14:08 said you guys are gonna have to forgive
1:14:09 me this is not my expertise
1:14:11 a little bit of a learning curve so am i
1:14:13 allowed to actually ask for comment even
1:14:14 though there's a motion on the floor or
1:14:16 does this have to be decided
1:14:19 okay uh commissioner lewis
1:14:22 thank you chair boys commissioner joy
1:14:23 lewis so i'm actually gonna make a
1:14:25 second motion we still have to vote on
1:14:26 the first motion um but i'm actually
1:14:29 gonna make a second one because i think
1:14:30 that we actually have
1:14:32 three options in front of us now so one
1:14:34 is option one one is option two which
1:14:37 has been which has been motioned and i'm
1:14:39 gonna make um
1:14:41 make a second uh motion to add the
1:14:43 language into section seven that says
1:14:45 that the chair and staff's discretion
1:14:47 additional public comments may be
1:14:49 included in the in the agenda
1:14:53 uh i'll look and see if i have a second
1:14:55 to that adding that language instead to
1:14:56 section seven rather than adding it to
1:14:59 our agenda piece i think
1:15:07 your voice your muted thank you steven
1:15:11 is there possibly any way we could get
1:15:12 the um motions to be written into the
1:15:14 chat box that might be helpful i've seen
1:15:17 that done once or twice
1:15:19 uh just to help
1:15:20 make sure this is uh cleaning chair
1:15:23 voice i would actually suggest going
1:15:25 through the vote for the first motion
1:15:27 and then
1:15:28 acting on the second motion from
1:15:29 commissioner lewis
1:15:32 okay so on the first motion i believe
1:15:34 that was to look at option two
1:15:36 um i believe now that we've discussed it
1:15:38 would be we're going for a vote correct
1:15:42 chair this is this is tisha excuse
1:15:45 excuse the interruption i have a sort of
1:15:47 efficient
1:15:48 way to deal with this which is that um
1:15:51 commissioner lewis could offer this as a
1:15:53 substitute amendment
1:15:55 to her prior amendment
1:15:57 and then you could ask if there are any
1:16:00 objections to substituting so be
1:16:04 swapping out
1:16:06 i appreciate that um commissioner lewis
1:16:09 would you like to make a substitution
1:16:12 yes chair voice commissioner joy lewis
1:16:14 i'd very much like to make a
1:16:15 substitution to my first motion to the
1:16:18 second motion that was stated and i'm
1:16:20 typing now thank you
1:16:22 great thank you is there any objection
1:16:24 to um
1:16:26 to commissioners lewis's
1:16:29 preference of substituting
1:16:34 hearing none
1:16:38 and i'm just going to chime in because i
1:16:40 was the seconder
1:16:41 and i and i think if i'm remembering
1:16:43 rules as the seconder i have to
1:16:49 comment on whether the substitution i
1:16:51 agree with that and which i do and i did
1:16:54 in the comments
1:16:56 thank you commissioner milligan you know
1:16:58 what i tried to look for last with last
1:17:00 weekend i bought a roberts rules book
1:17:03 that i bought when i first got on the
1:17:04 commission and i just got to find it
1:17:07 but yeah i've got some reading about
1:17:09 some of these more legalese approaches
1:17:11 but it's all very interesting all very
1:17:13 fascinating
1:17:19 so then i don't know if you formally
1:17:20 seconded the substitute motion but i'm
1:17:23 happy to second if it hasn't been
1:17:31 you can go ahead and say all right
1:17:32 commissioner
1:17:33 one second
1:17:40 so and now here's another part so now
1:17:42 that uh
1:17:44 that has all been agreed to and seconded
1:17:47 and non-objected
1:17:48 now we have commissioner lewis's
1:17:50 substitution commissioner lewis would
1:17:52 you like to read it aloud
1:17:58 thank you chair voice commissioner joy
1:17:59 lewis the motion before us is
1:18:01 at the chair and staff's discretion
1:18:03 additional public comments may be
1:18:05 included in the published agenda topics
1:18:13 do we have a second
1:18:22 all right well we have a second so now
1:18:24 um i believe we will take a vote
1:18:29 god help me that's got to be right right
1:18:34 so stephen would you like to take the
1:18:35 role for the vote
1:18:38 yes all right so we are going to take
1:18:42 roll for
1:18:46 this motion
1:18:48 running through
1:18:51 commissioner
1:18:52 milligan
1:18:56 commissioner bader
1:19:01 mr monahan
1:19:04 commissioner lewis
1:19:08 chair voice
1:19:20 to your voice you have
1:19:22 unanimous consent
1:19:27 great thank you everyone
1:19:32 all right so i believe stephen we are
1:19:34 now moving a path from amendment three
1:19:37 and continuing on with
1:19:40 final three
1:19:42 correct so the final three amendments uh
1:19:44 came from commissioner suggestions that
1:19:46 we received what i'll do is i'll explain
1:19:49 each of them and then answer any
1:19:50 questions that commissioners may have
1:19:52 i may ask the commissioner who
1:19:54 recommended the edits to add on if in
1:19:57 case i missed anything
1:19:59 so the first amendment
1:20:01 deals with the section that deal that
1:20:03 focuses on the selection of alternates
1:20:07 the edit is to change the selection of
1:20:10 alternates when a regular member is
1:20:12 unable to attend
1:20:14 by selecting
1:20:16 alternate members who arrive earliest to
1:20:18 the meeting versus selection by
1:20:21 seniority
1:20:27 giving you all a chance to read through
1:20:30 and then so the options for you all
1:20:34 tonight is considering
1:20:35 not adding the edit requires no action
1:20:38 or making the edit um which requires a
1:20:41 motion
1:20:44 and i'll leave the edit on the screen
1:20:47 for you all to consider
1:20:53 commissioner lewis
1:20:56 thank you chair voice commissioner joy
1:20:57 lewis i'd like emotion i'd like to make
1:21:00 a motion uh to adopt the amendment of
1:21:02 option two
1:21:12 is there anyone who'd like to second
1:21:16 commissioner milligan
1:21:18 i'm going to second it for the
1:21:21 discussion
1:21:22 thank you chairman i'm continuous
1:21:28 all right we have a motion on the floor
1:21:30 so stephen if you'd like to take
1:21:32 the roll for a boat
1:21:36 uh first chair voice you have to uh ask
1:21:38 for a discussion
1:21:40 nope apologies
1:21:42 discussion
1:21:45 is there any discussion about the
1:21:47 emotion
1:21:52 commissioner milligan
1:21:54 uh i would allow the
1:21:57 the motion maker to come at first if she
1:22:00 wanted to do you want to
1:22:06 let commissioner lewis go first and i'll
1:22:08 go after her
1:22:10 okay please commissioner lewis thank you
1:22:12 chair boys commissioner joy lewis uh and
1:22:15 thank you to commissioner uh milligan i
1:22:17 will uh i will say that i um i can't
1:22:20 speak to if i was the only one but i am
1:22:22 certainly the one of the people who
1:22:23 reached out to staff to make a comment
1:22:25 on this historically uh how we run in
1:22:28 ppc is to do the alternate who arrives
1:22:30 first to the meeting that obviously is a
1:22:32 little harder in a virtual format
1:22:35 but what it really addresses is issues
1:22:37 of equity
1:22:39 and transparency
1:22:40 what we want to make sure that we do is
1:22:42 that we have a place where all members
1:22:44 feel that they are welcome and instead
1:22:46 of having a hierarchy of who served the
1:22:49 longest
1:22:50 we would then be having a person who has
1:22:52 decided to arrive as is traditionally
1:22:55 how we how we've done it i think it's
1:22:56 worked very well uh and i think that we
1:22:59 can get into some issues right now with
1:23:00 trying to talk about who's been on the
1:23:02 longest i will say for the person with
1:23:05 their granny glasses on for uh the
1:23:07 longest serving member of ppc right now
1:23:09 we've never actually had an alternate
1:23:11 have a second term um in our stay so we
1:23:14 our alternates are often uh decide to
1:23:16 stay with us for a short period of time
1:23:18 and so this is kind of something that
1:23:21 is a little bit moot because we don't
1:23:22 tend to have long-serving alternates
1:23:25 but obviously in a fully functioning and
1:23:27 working commission that is what we'd
1:23:29 like to see so that is why i suggested
1:23:36 thank you commissioner lewis
1:23:37 commissioner milligan
1:23:40 thank you man of milligan here uh number
1:23:43 one i want to ask uh clarification this
1:23:45 kind of confuses me a little bit but
1:23:47 this has to do with the selection of
1:23:48 alternates to make sure i'm in the right
1:23:50 section of the document during a meeting
1:23:54 and so during a meeting
1:23:57 the selection of an alternate to be
1:24:02 say upgraded
1:24:03 to a voting member when we're on the
1:24:06 diocese and it's
1:24:07 worked in other commissions before very
1:24:10 elegantly that when we're looking for
1:24:12 our quorum in the room
1:24:14 if an alternate is upgraded to a voting
1:24:17 member they move in a chair
1:24:20 and then the other people who come in
1:24:22 sit outside that and it makes for a very
1:24:25 visible
1:24:26 meeting management
1:24:29 it makes it obvious who's voting and
1:24:31 who's not voting
1:24:32 when we don't do that when you don't
1:24:34 move up a chair in the um in the array
1:24:37 of of um the quorum on the diocese uh it
1:24:41 can be kind of confusing so mine is
1:24:43 simply my support is simply for the
1:24:45 logistics of the meeting
1:24:47 and and nothing more complicated than
1:24:50 thank you
1:24:55 great thank you both commissioners both
1:24:57 excellent points
1:24:59 would anyone else like to commission
1:25:02 vice chairman
1:25:04 i'm good with this i agree with joy's
1:25:06 amendment
1:25:13 okay is there anyone else who'd like to
1:25:14 discuss this particular uh
1:25:17 motion
1:25:21 all right now i believe we're ready for
1:25:22 roll call
1:25:29 go ahead please touch it
1:25:32 hi chair um commissioner milligan you
1:25:33 brought up a great point which got me
1:25:35 looking um in the replacement rules
1:25:39 and i think there's some language
1:25:41 in this proposed new section that says
1:25:44 if it's known in advance that a regular
1:25:46 member will be absent staff will notify
1:25:48 an alternate member in advance of the
1:25:50 meeting
1:25:51 and requests they serve in the absence
1:25:53 of the regular member and then that's
1:25:55 where the provision for the
1:25:58 alternate be selected based on seniority
1:26:00 comes in
1:26:02 so thank you for highlighting that i'm
1:26:05 sharing that i guess for the
1:26:06 commission's consideration if you
1:26:09 you i suppose you could carve out two
1:26:11 situations
1:26:13 so tisha actually uh
1:26:16 right when you jumped out i was about to
1:26:18 speak to it we actually have uh
1:26:20 additional edit to that section you're
1:26:22 speaking of
1:26:25 notification of alternates
1:26:27 so we'll get to that one next
1:26:36 well thank you thank you staff um
1:26:39 any further discussion
1:26:43 all right if we could please take the
1:26:45 role for a vote
1:26:47 okay commissioner vader
1:26:51 commissioner milligan
1:26:56 vice chair monahan
1:26:59 commissioner lewis
1:27:02 enter a voice
1:27:08 the motion passes
1:27:14 okay moving on to the next amendment
1:27:21 as a great segue on alternates um
1:27:25 the there is an additional edit uh
1:27:27 requested to
1:27:29 change the notifications so that is
1:27:30 there's more
1:27:33 advanced certification to alternates
1:27:36 it's known in events when a regular
1:27:37 member isn't able to attend uh a meeting
1:27:41 so that the language is changed so that
1:27:44 all confirmed attendees will be notified
1:27:48 an uh regular member's absence and
1:27:51 encourage the alternates to
1:27:54 prepare in advance for the meeting
1:27:56 in the case that they serve as a regular
1:27:58 member in the meeting and so the chair
1:28:01 and then there is additional language
1:28:02 where the chair will announce
1:28:04 which alternates will be voting members
1:28:06 for the meeting
1:28:08 and that this will be noted in the
1:28:09 minutes
1:28:12 so the options for consideration is
1:28:15 no action which would not add the edit
1:28:17 and then option two which is to
1:28:20 uh make a motion to add these edits and
1:28:22 i'll go back to the edits for the
1:28:24 commission's consideration
1:28:33 is there anyone who'd like to make a
1:28:34 motion to add these edits
1:28:37 to amendment 5.
1:28:51 hearing none
1:28:52 option one
1:28:58 mr lewis
1:29:01 sorry chair voice commissioner joy lewis
1:29:03 i wasn't fast enough i'd like to make a
1:29:05 motion uh on the amendment for option
1:29:07 two to adopt the language in front of us
1:29:10 for notice notification of alternates
1:29:20 is there a second to commissioner
1:29:21 lewis's motion
1:29:42 chair voice here on you
1:29:46 thank you steven so i don't see a second
1:29:50 like like i said this will be a lot
1:29:52 easier when we're on the dice because i
1:29:53 can't see everyone all the time
1:29:57 looks like that motion has failed
1:30:01 moving on to the next amendment
1:30:06 and this is our last amendment that
1:30:07 we'll be uh discussing tonight this one
1:30:10 is to
1:30:10 [Music]
1:30:13 amend the
1:30:15 language related to
1:30:17 member participation and that was to
1:30:21 the discussion of members should be
1:30:23 relevant to the business pending and
1:30:26 removing the concise to the point so
1:30:28 that it is more of a open dialogue
1:30:36 and then the options for this is option
1:30:38 one do not edit
1:30:40 which requires no action or option to
1:30:42 make the edit which requires a motion
1:30:46 i'll go back to the edit
1:30:54 okay do we have a motion
1:30:57 to allow the edits for amendment six
1:31:02 we have a question from commissioner
1:31:03 lewis
1:31:05 thank you chair voice i i uh the
1:31:07 commissioner joy lewis i will not be
1:31:09 making a motion to support this language
1:31:11 change however i do want to say to staff
1:31:13 that uh what i
1:31:16 what i would like to do is to have uh
1:31:18 the this commission to have a discussion
1:31:20 and a recommendation where we would put
1:31:22 effectively the language we've been
1:31:24 using as a comment to the white board
1:31:26 and to pass along to uh to staff and to
1:31:28 counsel that our newest former board the
1:31:31 of our equity board
1:31:33 i would love for them to have an item to
1:31:35 be able to look at our bylaws
1:31:37 right now i feel that we're missing
1:31:39 language
1:31:40 that is really inclusive to all members
1:31:42 of our community right now we want to
1:31:44 allow for having
1:31:45 people from different walks of life to
1:31:47 be able to participate to be
1:31:48 participants in this in this process and
1:31:50 being able to have members of our
1:31:52 community that are english as a second
1:31:54 language neurodivergent and elderly
1:31:56 right now it's not captured in our
1:31:58 bylaws and i think that it would be
1:32:00 easy depending on how the
1:32:03 meetings are being run to be able to use
1:32:05 this language to stifle a variety of
1:32:08 voices and so instead what i think is
1:32:10 that it needs to be looked at from our
1:32:12 equity board
1:32:13 for all commissions and boards to be
1:32:14 able to have language that is more up to
1:32:18 thank you
1:32:24 thank you commissioner lewis uh
1:32:25 commissioner milligan has a question
1:32:28 uh yes i'm sorry i'm not fast enough to
1:32:30 look it up myself and robert's rules on
1:32:32 my phone um is concise
1:32:35 to the point and
1:32:37 is that a quote from
1:32:40 robert's rules of order
1:32:45 you know i will ask tisha if she's able
1:32:48 to remember the discussion that was had
1:32:50 with the development commission when
1:32:51 they adopted this language
1:32:55 commissioner milligan i um i have
1:32:58 studied robert's rules um extensively i
1:33:01 can't tell you quickly if that is exact
1:33:04 language i'll
1:33:06 but robert's rules is about running an
1:33:09 efficient meeting while ensuring equal
1:33:12 participation by all members so the
1:33:15 informal rules in robert's rules um
1:33:20 it's a little complicated but um the
1:33:22 recommendation is that
1:33:25 members can speak up to 10 minutes on
1:33:27 each topic twice
1:33:30 during any particular topic but there
1:33:32 are different rules for small boards of
1:33:34 12 members and less which is exactly
1:33:36 what the ppc is and so in small boards
1:33:39 of 12 members and less there is robert's
1:33:41 rules doesn't prescribe any particular
1:33:45 time frame it just says you should
1:33:47 attempt to provide you know everyone an
1:33:50 opportunity to speak once before anyone
1:33:52 speaks the second time
1:33:53 so i think that um
1:33:56 i think the board or the commission has
1:33:58 discretion to modify this roberts rules
1:34:01 does talk a lot about having germaine
1:34:03 comments
1:34:04 so that word relevant i think is
1:34:07 important but the rest of the words
1:34:08 there i think
1:34:10 you know i don't know how meaningful
1:34:13 or important they really are
1:34:24 thank you
1:34:26 does anyone else have any questions or
1:34:27 comments
1:34:33 would anyone like to make a motion
1:34:41 all right
1:34:42 i have to go through my screen to make
1:34:44 sure i see everybody
1:34:45 hearing none
1:34:48 i'm in six as presented
1:34:52 earlier
1:34:57 chair voice that concludes all the major
1:34:59 amendments that were proposed by
1:35:01 commissioners
1:35:04 nothing like trial by fire yeah so
1:35:07 appreciate staff and appreciate their
1:35:09 fantastic colleagues on the commission
1:35:12 it didn't look fun it was
1:35:16 uh commissioner lewis has a comment
1:35:19 sorry i did it again it's really a
1:35:20 question stephen i had had one more
1:35:22 thing i had emailed you about which was
1:35:24 um section 13 3 about limiting the use
1:35:26 of technology um was that
1:35:29 uh was that either stricken or were we
1:35:31 going to talk about it or
1:35:34 we so
1:35:35 when i discussed the language with tasha
1:35:38 that what your suggestion was actually
1:35:40 the intent of the language it just was
1:35:43 poorly worded so we made the edit and so
1:35:45 because it kept to the intent of what
1:35:47 was what we were trying to do
1:35:49 we didn't feel like we needed to have
1:35:51 the discussion with the commission and
1:35:53 for the other commissioners benefited
1:35:55 this conversation
1:35:56 at the end of the roles and rules and
1:35:59 regulations there's a section on code of
1:36:00 conduct that spoke to
1:36:02 accessing
1:36:04 the meeting materials via digital
1:36:06 devices
1:36:09 and the
1:36:11 uh intent was we do want the uh the
1:36:14 commissioners to be accessing the
1:36:16 materials
1:36:17 via digital devices but we want to limit
1:36:20 communications between commissioners and
1:36:22 members with the public via digital
1:36:24 devices so that we maintain the
1:36:26 transparency of conversations for the
1:36:29 commission meetings
1:36:38 thank you stephen
1:36:41 all right
1:36:43 if there's no first further amendments
1:36:45 or additional conversation i believe
1:36:47 that leads us to reports
1:36:49 uh city council updates
1:36:54 we have to do one more motion and vote
1:37:01 so i'll make a motion to adopt the
1:37:02 replacement rules considering
1:37:04 the discussed amendments
1:37:13 all second
1:37:15 milligan
1:37:18 thank you commissioner milligan um
1:37:21 any further debate or discussion
1:37:29 we'll give it a second here
1:37:33 chair uh this is tisha just confirming
1:37:35 this would be including adopted
1:37:36 amendments which i i think ultimately
1:37:38 there was one
1:37:46 all right we'll do roll call for uh the
1:37:49 motion that's on the floor
1:37:52 hey commissioner vader
1:37:56 mr lewis
1:38:01 commissioner milligan
1:38:05 vice chair monahan hi
1:38:08 i'm chair voice
1:38:12 motion passes
1:38:17 all right well thank you everybody yes
1:38:19 the most important one that we had to do
1:38:22 it shows you know a little bit of a
1:38:24 learning curve so now we get to
1:38:26 uh agenda item number five reports so
1:38:29 i'd like to ask minnie or steven and
1:38:31 minnie's not here tonight so
1:38:33 i'd like to ask stephen do we have any
1:38:35 city council updates
1:38:37 just really quick updates um the
1:38:41 planning council committee is going to
1:38:42 be considering bucket 3 from the title
1:38:46 18 at next week's meeting
1:38:49 otherwise and
1:38:50 i think we will have an additional
1:38:52 update at your meeting next week
1:38:55 on kind of how that discussion goes with
1:38:57 the council committee
1:39:00 that's it for council updates
1:39:05 all right um stephen do we have any
1:39:07 other business or announcements
1:39:09 i do have one final announcement um
1:39:12 the staff receives a
1:39:15 resignation from the new member kelly
1:39:18 from the planning policy commission she
1:39:20 received a new job offer which
1:39:24 was a bigger time commitment than she
1:39:26 thinks she will be able to be able to
1:39:28 maintain um
1:39:30 at least her attendance for commissioner
1:39:32 so she submitted her resignation
1:39:36 so the
1:39:38 commission will be operating with five
1:39:39 members for a while we are have been in
1:39:42 discussion with the city clerk's office
1:39:44 to have a special recruitment process in
1:39:46 the fall and so that's something that
1:39:47 we'll be working with the chairs
1:39:49 later this year
1:39:54 great thank you steven yeah um
1:39:57 makes it quite difficult we've got a
1:39:58 summer coming up where everybody after
1:40:00 two years of uh pandemic mode probably
1:40:02 wants to go out
1:40:04 and travel and we still have this heavy
1:40:06 weight above us called title 18 so that
1:40:09 means more than one absence and we're
1:40:11 going to have to start doing some
1:40:12 reshuffling so again the previous point
1:40:16 as much advance notice is always
1:40:18 appreciated so when people do have plans
1:40:20 this summer
1:40:21 logistically with the few pieces on the
1:40:24 board that we have it's gonna even
1:40:25 become more important
1:40:28 all right
1:40:29 i believe that leads to adjournment so
1:40:31 is there any comments discussion for the
1:40:34 good of our order
1:40:39 well thank you everyone for being here
1:40:42 and we're going to adjourn at 8 11
1:40:45 p.m thank you everybody
1:40:47 thank
1:40:48 you thank you everybody katisha and
1:40:51 anne-marie and valerie and steven oh and
1:40:55 all you guys too
1:40:57 thank you

Attendance

Council / Members (5)
Voiss
Vice-Chair Monahan
Commissioners Bader
Lewis
Milligan
Staff (1)
Tisha Gieser, City Clerk Stephen Padua, Long Range Planning Manager Ann Marie Soto, Madrona Law 2