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[Board of Zoning Appeals on February 21, 2023.]

[00:00:05]

ALL RIGHT.

I'M CALLING TO ORDER, UH, THE BOARD ZONING APPEALS MEETING TODAY FOR TUESDAY, FEBRUARY 22ND, 2023.

SO WE'LL START WITH A ROLL CALL.

IT'S ACTUALLY THE 21ST.

21ST, SORRY.

21ST, UH, 2023 7:00 PM AND, UH, I'LL START WITH A ROLL CALL.

AND WE HAVE, UM, CODY TAYLOR PRESENT.

AMANDA MCCARTHY.

PRESENT.

MR. MO .

MR. MOLEY? MOTON.

MOTON LEWIS MOTON.

PRESENT MS. AARON AND MS. AARON? ABSENT.

ABSENT.

SO ARE WE ALLOWED TO CONTINUE WITHOUT HER BEING PRESENT? YEAH, BECAUSE WE HAVE A QUORUM.

OKAY.

HE'S ABUSE SWORN IN? YES.

OKAY.

ALL RIGHT.

SO THERE IS A QUORUM PRESENT.

UM, WE DO HAVE THREE PRESENT HERE.

UM, SO WE'LL GO AHEAD WITH THE ELECTIONS OF THE OFFICERS.

THE LAST, THAT'S ACTUALLY AFTER THE ELECTION OF OFFICERS ON THE AGENDA.

YOU GUYS CAN MOVE IT IF YOU WANT TO.

ALL RIGHT.

ELECTION OF OFFICERS IS THERE, UM, UH, AN ELECTION FOR CHAIRMAN? I NOMINATE MANDY TO CONTINUE AS CHAIRMAN.

THERE A SECOND.

A SECOND.

ALL RIGHT.

ALL OF THOSE IN FAVOR SAY AYE.

AYE.

ALL OF THOSE OPPOSED? THE MOTION IS MOVED.

THE MOTION CARRIES.

UM, AND SO WE'LL GO AHEAD AND MOVE ON TO VICE CHAIRMAN.

I WOULD LIKE TO MAKE A MOTION FOR CODY AS THE VICE CHAIRMAN.

SECOND.

ALL RIGHT.

UM, ALL THOSE IN FAVOR SAY AYE.

AYE.

ALL OF THOSE OPPOSED? THE MOTION CARRIES.

SO WE HAVE AMANDA MCCARTHY AS CHAIRMAN, AND CODY TAYLOR AS VICE CHAIRMAN.

AND SO WE'LL MOVE ALONG TO THE MINUTES FOR OUR DECEMBER MEETING OF DECEMBER 20TH, 2023.

YOUR, HAVE A MOTION TO APPROVE.

IT'S ACTUALLY 2022.

DECEMBER 22.

MM-HMM.

.

SORRY, MY MISTAKE.

I HAD 23 ON THERE.

WE HAVEN'T GOTTEN THERE YET.

.

I MADE A MOTION TO APPROVE THE MINUTES.

I MAKE A SECOND QUESTION TO APPROVE THE MINUTE.

ALL RIGHT.

THOSE, ALL OF THOSE IN FAVOR SAY AYE.

AYE.

ALL OF THOSE OPPOSED? MOTION TO APPROVE.

THE MINUTES CARRIES.

DID, DID YOU VOTE? NO.

AYE, YOU'LL HAVE TO VOTE.

OKAY.

.

AND THEN YOU STATED THAT YOU ABSTAIN.

I ABSTAIN BECAUSE HE WASN'T HERE AT THE LAST MEETING OR ON THE BOARD.

OKAY.

SO REPEAT IT AGAIN OR NO? UM, SO HE HAD A MOTION? MM-HMM.

, SECOND TO APPROVE.

TAKE A VOTE.

YOU AND CODY VOTED YES.

YES.

AND THEN HE STATE, SO WE'RE GOOD.

OKAY.

SO THE MOTION CARRIES FOR APPROVAL OF THE MINUTES, MOVE ALONG TO THE PARLIAMENTARY PROCEDURES.

AND SO THE TOWN ATTORNEY GEORGE SOK, IS HERE TO REVIEW THAT WITH US.

OKAY.

THANK YOU, MADAM CHAIRMAN.

UM, I, I WAS INVITED TO, TO COME AND SPEAK BRIEFLY ABOUT, UH, RULES OF PROCEDURE, AND I'LL BE HAPPY TO COME BACK, UH, WHEN THERE'S A FULL BOARD.

UM, SO I'LL GO THROUGH THIS FAIRLY QUICKLY.

WE'RE JUST, I'M JUST GONNA COVER THE BASICS.

UM, SO TO START OFF, UM, UH, I JUST WANT TO, UH, STATE WHAT THIS BODY IS.

THIS BODY IS A PUBLIC BODY AS

[00:05:01]

OPPOSED TO A GOVERNING BODY, UM, AS A PUBLIC BODY.

UH, YOU ARE SUBJECT TO VIRGINIA FREEDOM OF INFORMATION ACT AS TO, UH, PUBLIC RECORDS AND THE OPEN MEETING LAWS.

I'M SURE YOU ALL ARE AWARE OF THAT.

UM, SO LET ME GO TO, UM, I'M GONNA BORROW FROM AN OUTLINE, UH, TO START OFF, AND THEN I'M GONNA GET BACK TO IT LATER.

IT WAS PREPARED BY THE FORMER LYNCHBURG CITY ATTORNEY, UM, WALTER IRWIN.

HE PREPARED THIS FOR, UM, A CONFERENCE, UH, LOCAL GOVERNMENT ATTORNEYS HELD, UM, IN OCTOBER OF LAST YEAR.

AND, UH, THIS IS FROM HIS OUTLINE.

I'M PARAPHRASING JUST A LITTLE BIT, UM, REGARDING WHAT IT, WHAT PARLIAMENTARY PROCEDURE IS.

SO, PARLIAMENTARY PROCEDURE IS DESIGNED TO PROMOTE THE EFFICIENT AND ORDERLY CONDUCT OF BUSINESS.

ONE OF, ONE OF, UM, PARLIAMENTARY PROCEDURES GOALS IS TO BALANCE INDIVIDUAL AND MAJORITY RIGHTS.

PROPERLY USED PARLIAMENTARY PROCEDURE PROVIDES ALL MEMBERS OF A PUBLIC BODY AN OPPORTUNITY TO BE HEARD, BUT ALSO ENSURES THAT A MINORITY CANNOT PREVENT A MAJORITY FROM TRANSACTING BUSINESS.

UM, STATED ANOTHER WAY.

PARLIAMENTARY PROCEDURES ARE THE RULES OF THE GAME FOR DEMOCRACY.

SO THAT SAID, UM, IN TAKING A LOOK AT PARLIAMENTARY PROCEDURE OR RULES OF PROCEDURE THAT APPLY TO THIS BODY, I START WITH STATE LAW AND THERE'S AN ISSUE HERE.

UM, SO I START WITH STATE LAW BECAUSE, UH, THAT TRUMPS, UM, THAT TRUMP'S BYLAWS AND THAT TRUMP'S ROBERTS RULES.

UM, SO LOOKING AT STATE LAW, UH, IN PARTICULAR 15.2, 23 0 8, 15 0.2, 23 0 9, 15 0.2, 2312, UM, I'VE GOT A FEW THINGS TO POINT OUT.

LOOKING AT 2308, UM, AND AS WE JUST COVERED, THE QUORUM SHALL NOT BE LESS THAN A MAJORITY OF ALL THE MEMBERS OF THE BOARD.

OKAY? THAT'S, THAT'S PRETTY BASIC STUFF.

SO, UH, IN THE CASE OF THIS BOARD WITH A MEMBERSHIP OF FIVE, YOU ALWAYS NEED THREE TO, TO ESTABLISH A QUORUM.

UM, SO THEN THE, UH, 2308 GOES ON.

THIS IS UNDER PARAGRAPH C GOES ON TO SAY, AND THIS IS A STATEMENT OF PROCEDURE RIGHT HERE.

THE BOARD MAY MAKE ALTER AND RESCIND RULES AND FORMS FOR ITS PROCEDURES CONSISTENT WITH ORDINANCES OF THE LOCALITY AND GENERAL LAWS OF THE COMMONWEALTH.

SO THERE'S YOUR VERY, VERY GENERAL BLANKET MARCHING ORDERS.

OKAY? IT SAYS THAT, UM, YOU CAN SET YOUR RULES OF PROCEDURE AS LONG AS YOU'RE NOT, AS LONG AS YOU'RE NOT INCONSISTENT WITH, UM, GOVERNING BODIES, ORDINANCES, OR STATE LAW.

AND THEN WE LOOK AT 2309, AND THE TAKEAWAY FROM THAT IS THAT THE BOARD MAY BY RESOLUTION, FIX A SCHEDULED REGULAR MEETINGS, MAY ALSO FIX THE DAY OR DAYS TO WHICH ANY MEETING SHALL BE CONTINUED IF UNABLE TO ACT AND SO ON.

AND, UM, I THINK THAT, I DON'T KNOW IF THAT'S ADDRESSED IN THE BYLAWS OR NOT, BUT, UM, IT SAYS MAY.

SO IT'S NOT A REQUIREMENT, BUT YOU, YOU MAY ADDRESS THAT ISSUE IN YOUR BYLAWS.

AND LET'S SEE, 2312.

UM, AND THIS IS, THIS IS SOMEWHAT UNIQUE TO THIS BODY.

UM, A CON CONCURRING VOTE OF A MAJORITY OF THE MEMBERSHIP OF THE BOARD SHALL BE NECESSARY TO REVERSE ANY ORDER REQUIREMENT, DECISION OR DETERMINATION OF AN ADMINISTRATIVE OFFICER, OR TO DECIDE IN FAVOR OF THE APPLICANT ON ANY MATTER UPON WHICH IT IS REQUIRED TO PASS UNDER THE ORDINANCE OR TO AFFECT ANY VARIANCE FROM THE ORDINANCE.

SO, UM, THE TAKEAWAY THERE SHOULD BE THAT, UM, ESPECIALLY IN LIGHT OF THE FACT THAT

[00:10:01]

NO ALTERNATES HAVE BEEN APPOINTED TO THIS BOARD, IT'S VERY IMPORTANT THAT EVERYONE, UH, COME TO THE MEETINGS BECAUSE, UM, YOU CAN SEE THAT, FOR INSTANCE, IF YOU HAD A SUBSTANTIVE MATTER IN FRONT OF YOU TONIGHT, IT WOULD HAVE TO BE UNANIMOUS TO TAKE ACTION.

YOU NEED THREE VOTES.

UM, AND, AND SOMETIMES, YOU KNOW, THAT CAN BE PROBLEMATIC.

SO IT'S IMPORTANT, UM, TO HAVE EVERYONE ATTEND IF POSSIBLE.

ALL RIGHT.

SO THEN MOVING ON TO THE BYLAWS, YOUR CURRENT BYLAWS, ALTHOUGH I DON'T THINK ANY, I'M SURE NONE OF YOU PRESENT HERE, HAD ANYTHING TO DO WITH THE CREATION OF THE BYLAWS THAT YOU'RE OPERATING UNDER.

I THINK IT'S ACCURATE.

THIS WAS LAST REVISED IN 2014.

YES.

UM, SO TAKING A LOOK AT THOSE, AND YOU'RE GONNA TAKE THIS UP, OR AT LEAST IT'S ON THE AGENDA TO TAKE IT UP LATER IN THIS MEETING.

UM, I FLIP THROUGH IT TO TOUCH ON MATTERS OF PROCEDURE.

SO DOING THAT, THE FIRST THING, UM, THAT I SEE IS THE CHAIRPERSON, UM, IS THE PRESIDING OFFICER.

AND THAT'S PARTICULARLY IMPORTANT WHEN YOU GET INTO, UM, ROBERT'S RULES.

SO THE CHAIRPERSON'S PRESIDING OFFICER, AND IN THE ABSENCE OF THE CHAIR, THE VICE CHAIR IS THE PRESIDING OFFICER.

UH, MOVING ON TO ARTICLE THREE, UH, WE ALREADY TALKED ABOUT A QUORUM, AND WE'VE ALREADY TALKED ABOUT THE NECESSITY OF, OF, UM, THREE MEMBERS CONCURRING TO TAKE ACTION.

THAT'S IN, UH, ARTICLE THREE, NUMBER SIX, SIX, AND, UM, UM, AND THEN IT GOES ON TO TALK ABOUT WHAT IS THE NORM, WHICH IS A MAJORITY OF MEMBERS PRESENT.

AND VOTING IS WHAT YOU NEED TO TAKE ALL OTHER ACTIONS, SUCH AS WHAT YOU JUST DID TONIGHT, UH, SELECTING A CHAIRMAN AND VICE CHAIRMAN, UM, UH, WITH THE ABSTENTION, YOU JUST NEEDED A MAJORITY OF THOSE PRESENT IN VOTING, SO YOU WERE ABLE TO TAKE ACTION ON THAT TYPE OF MATTER.

UM, BUT, UM, THE, THE SIGNIFICANT ISSUES THAT COME BEFORE THIS BOARD, AGAIN, IT'S, IT'S THREE VOTES OF THE MEMBERSHIP.

OKAY? THEN IF YOU FLIP TO SEVEN, UM, THIS TALKS ABOUT PUBLIC HEARINGS.

AND THE SIGNIFICANT OF SEVEN IS THAT IT LAYS OUT THE PROCEDURE FOR PUBLIC HEARINGS ONE THROUGH 14.

WHAT I WANT TO FOCUS ON IS NUMBER 11, BECAUSE THAT'S WHEN YOU START GETTING INTO THE MEAT OF, OF PARLIAMENTARY PROCEDURE, WHICH IS, YOU KNOW, WHEN YOU FINALLY GET A MOTION ON THE FLOOR.

SO 11, UM, STATES, UH, DECISIONS AND OTHER ACTIONS, UH, OR ORDERS OF THE BCA SHOULD BE TAKEN IN THE FORM OF A MOTION OR RESOLUTION PERIOD.

UM, I DON'T THINK YOU'RE REALLY GOING TO USE A RESOLUTION FORMAT.

IT'S JUST GONNA BE A MOTION.

WHAT IT DOESN'T SAY HERE IS, UM, IT REQUIRES A SECOND, UM, UH, UNDER ROBERT'S RULES, MOTIONS MUST BE SECONDED.

UM, ALL RIGHT.

AND THEN WE LOOK AT 14.

AND, AND THAT'S WHERE, UH, IT'S, THAT'S WHERE IT INCORPORATES ROBERT'S RULES INTO YOUR PROCEDURE.

UM, IF YOU JUST SEE THE, THE LAST PART OF NUMBER 14, I'M NOT SURE WHY IT SAYS IF NEEDED, UH, BUT THEN IT SAYS ROBERT'S RULES OF ORDER.

SO, UM, THAT IS, HAS BEEN ADOPTED AS YOUR RULES OF PROCEDURE UNLESS IT'S CHANGED.

UH, THE SIGNIFICANCE OF ARTICLE EIGHT, UM, IS THE RECONSIDERATION PART OF THAT.

AND, UH, WHAT'S SIGNIFICANT ABOUT THAT IS IT TALKS ABOUT, UM, A RECONSIDERATION.

UM, WELL, IF YOU LOOK AT TWO D, UM, IT'S TALKS ABOUT, UM, MUST THE MOTION MUST BE MADE BY AT LEAST ONE MEMBER WHO VOTED IN FAVOR OF THE DECISION.

UM, THE INTENT OF THAT, I THINK IS TO SAY ONE MEMBER WHO VOTED ON THE PREVAILING SIDE,

[00:15:01]

UH, IS THE ONE TO BRING A MOTION FOR RECONSIDERATION AS OPPOSED TO THE NON-PRO PREVAILING SIDE.

UM, AND, AND, UM, WITH THE OTHER THING OF SIGNI SIGNIFICANCE HERE IS IF YOU, UM, READ ON, WELL, ACTUALLY IT'S NUMBER C TWO C SAYS IT WILL NOT BE CONSIDERED.

IT SAYS IT WILL BE CONSIDERED AT THE NEXT REGULAR MEETING, WHEREAS ROBERT'S RULES, UH, FOR RECONSIDERATION, UH, REQUIRES THE RECONSIDERATION AT THE SAME MEETING.

SO, WHICH IS OPERATIVE, WELL, THE BYLAWS ARE, AND IT'S WHAT YOU, UNLESS WE WERE TO CLARIFY THE BYLAWS TO PICK FROM, IT'S WHAT YOU AFFIRMATIVELY HAVE PUT IN YOUR BYLAWS, IT'S GONNA TRUMP ROBERT'S RULES.

SO JUST POINTING THAT OUT.

SO THEN IF WE JUST MOVE ON TO ROBERT'S RULES, UM, I JUST WANT TO TOUCH ON SOME BASIC, BASIC MOTIONS AND PROCEDURE.

AND FIRST I WANNA POINT OUT THAT THE OFFICIAL VERSION, UM, THE BYLAWS JUST SAY ROBERT'S RULES.

SO I WOULD INTERPRET THAT TO MEAN THE LATEST EDITION OF ROBERT'S RULES.

THAT'S WHAT I'M HOLDING IN MY HAND.

IT'S THE 12TH EDITION AND IT'S OVER 700 PAGES.

, YOU ARE NOT GOING TO USE 700 PAGES, UM, ESPECIALLY, UH, DUE TO THE FACT THAT YOU'RE NOT A GOVERNING BODY.

GOVERNING BODIES GET INTO, UH, UM, A MI A MYRIAD OF OTHER ISSUES.

UM, YOUR TASKS ARE PRETTY WELL DEFINED, AND SO YOU'RE JUST NOT GONNA GET INTO THIS, SOME OF THIS CONVOLUTED PROCEDURAL MATTER, IT'S JUST NOT GONNA HAPPEN.

SO I'M GONNA TOUCH ON BASICS.

AND THE FIRST THING, UM, WELL, HERE'S A NICE LITTLE STATEMENT THAT SOME JURISDICTIONS, UM, PUT IN THEIR ORDINANCE.

UM, OF COURSE YOU DON'T HAVE, YOU DON'T PASS ORDINANCES.

YOU DON'T HAVE ORDINANCES, BUT IT'S KIND OF A NICE OVERVIEW, UM, JUST SO THERE'S AN UNDERSTANDING OF THE DIFFERENCE BETWEEN, UM, AN ERROR IN RULES OF PROCEDURE VERSUS AN ERROR IN SUBSTANCE.

OKAY? SO RULES OF PROCEDURE WERE DESIGNED AND ADOPTED FOR THE BENEFIT AND CONVENIENCE OF, AND I'M GONNA PARAPHRASE THE PUBLIC BODY, THEIR PURPOSE IS TO HELP THE PUBLIC BODY CONDUCT ITS AFFAIRS IN A TIMELY AND EFFICIENT MANNER.

THEY INCORPORATE THE GENERAL PRINCIPLES OF PARLIAMENTARY PROCEDURE FOUND IN ROBERTS RULES AND THE APPLICABLE VIRGINIA LAWS, THE RULES OF PROCEDURE DO NOT CREATE SUBSTANTIVE RIGHTS FOR THIRD PARTIES OR PARTICIPANTS IN PROCEEDINGS BEFORE THE PUBLIC BODY.

FURTHER, THE PUBLIC BODY RESERVES THE RIGHT TO SUSPEND OR AMEND THE RULES OF PROCEDURE WHENEVER A MAJORITY OF THE BODY DECIDES TO DO SO.

THE FAILURE OF A GOVERNING BODY, OR SORRY, THE FAILURE OF A PUBLIC BODY TO STRICTLY COMPLY WITH ROBERT'S RULES, SHALL NOT INVALIDATE THE ACTION.

SO THE POINT OF ALL THAT IS, UM, OF COURSE, YOU, YOU SHOULD FOLLOW THE RULES OF PROCEDURE, BUT IF, IF THERE'S, UM, UM, YOU KNOW, A HICCUP, AS LONG AS IT'S CLEAR ON THE RECORD WHAT, UH, WHAT THE BODY, UM, DECISION WAS, WHAT THE DECISION OF THE BODY WAS, UM, YOU'RE OKAY.

SO THAT'S, THAT'S A GENERAL PRINCIPLE.

UM, NOT TO DISCOUNT RULES OF PROCEDURE, BUT IT'S NOT NECESSARILY FATAL.

SO, ALRIGHT, SO MOVING ON TO SOME OTHER PRINCIPLES.

UM, AS I'VE STATED, THE PRESIDING OFFICER HAS CONTROL OF THE MEETING.

UM, AND AGAIN, WHAT I'M DOING NOW IS I'M QUOTING FROM ROBERTS, OR PARAPHRASING FROM ROBERTS.

NO ONE SHOULD SPEAK, UH, WITHOUT BEING RECOGNIZED BY THE CHAIR.

OKAY? SO I'M GONNA GO OVER SOME SPECIFIC PRINCIPLES.

WE, WE'VE TALKED ABOUT QUORUM.

UM, SO I'M GONNA MOVE ON TO THE, WHAT'S CALLED THE MAIN MOTION.

SO

[00:20:01]

AFTER YOU HEAR, WELL, IF YOU LOOK AT THE PUBLIC HEARING PROCEDURE, AFTER YOU GO THROUGH ALL OF THAT AND YOU GET TO NUMBER 11, THEN IT'S TIME TO ENTERTAIN FOR THE CHAIR TO ENTERTAIN A MOTION.

UM, SO IT'S RE SOMETIMES REFERRED TO AS THE QUESTION, UM, THE MAKING OF THE MAIN MOTION IS THE STARTING POINT FOR PARLIAMENTARY PROCEDURE.

THE MAKER OF A MOTION IS NOT REQUIRED TO VOTE FOR THE MOTION.

WHAT YOU'RE JUST, YOU'RE, WHAT YOU'RE DOING IS YOU'RE GETTING THE ISSUE ON THE FLOOR BY MAKING A MOTION.

WHILE THE MAKER OF A MOTION CAN VOTE AGAINST HIS MOTION, THE MAKER OF THE MOTION MAY NOT SPEAK AGAINST THE MOTION.

SO THAT'S INTERESTING.

UM, MOVING ON TO SECONDING, THE MOTION NEEDS TO BE SECONDED.

REQUIRING A SECOND TO A MOTION PREVENTS A, UH, PUBLIC BODY FROM HAVING TO CONSIDER A MOTION THAT ONLY ONE MEMBER WISHES TO DISCUSS.

IN OTHER WORDS, IT HELPS DETERMINE THAT, THAT THE, UH, THE MOTION IS WORTHY OF DISCUSSION.

ALL RIGHT, SO ONCE YOU HAVE A SECOND, YOU MOVE ON TO DEBATE.

UH, UNDER ROBERT'S RULES, EACH MEMBER OF A BODY HAS A RIGHT TO SPEAK TWICE ON THE SAME QUESTION OR MOTION.

UM, UH, THE SECOND OPPORTUNITY SHOULD AWAIT EVERYONE HAVING A FIRST OPPORTUNITY.

THE MAKER OF A MOTION HAS A RIGHT TO SPEAK FIRST IF HE OR SHE WISHES.

AND, UM, SHOULD ALWAYS DURING DISCUSSION, SHOULD ALWAYS REFRAIN FROM PERSONAL ATTACKS.

THE SAYING IS THAT THE MEASURE, NOT THE MAN IS THE SUBJECT OF DEBATE.

THE MEASURE MEANING THE TOPIC, NOT THE INDIVIDUALS, UM, THAT THIS MAY COME UP.

UH, YOU MAY HAVE A, A MOTION AND A SECOND, AND, UH, THERE MAY BE DEBATE AND THEN SOMEONE WOULD LIKE TO AMEND THE MOTION THAT'S ON THE FLOOR.

SO YOU MOVE TO AMEND.

AND, UM, WHAT COMES TO MIND? ALTHOUGH THIS BODY HASN'T BEEN AUTHORIZED BY THE GOVERNING BODY TO TAKE UP SUVS, SPECIAL EXCEPTIONS WITH VARIANCES, YOU HAVE THE AUTHORITY TO IMPOSE CONDITIONS.

SO IN THAT CONTEXT, I CAN SEE WHERE, UH, AMENDED MOTION MAY COME IN INTO PLAY MOTION ON THE FLOOR, BUT SOMEBODY WANTS TO PROPOSE A CONDITION OR ANOTHER CONDITION OR WHATEVER.

SO IT WOULD BE A MOTION TO AMEND.

UM, AND THEN OF COURSE, UH, YOU VOTE ON THE MOTION TO AMEND BEFORE YOU WOULD GO BACK TO THE MAIN MOTION.

IF THE MOTION TO AMEND PASSES, IT BECOMES THE MAIN MOTION, AND THEN YOU VOTE ON THAT.

IF IT FAILS, YOU GO ON BACK TO THE MAIN MOTION.

UM, THERE COULD BE SITUATIONS WHERE, UM, YOU HAVE A PRESENTATION OF ALL THE EVIDENCE AND, UH, THERE'S A MOTION ON THE FLOOR, UH, TO, TO APPROVE WITH OR WITHOUT A CONDITIONS OR WHATEVER THE MATTER IS OF, OF THERE'S A MOTION ON THE FLOOR AND THE BODIES MAY JUST NOT BE READY TO VOTE.

UH, MAYBE SOME NEW INFORMATION CAME IN, UM, UH, WHATEVER REASON.

UH, SO THERE COULD BE A MOTION TO POSTPONE AT THAT POINT.

SO A MOTION TO POST POSTPONE IS A SECONDARY MOTION TO A MAIN MOTION ON THE FLOOR.

UM, AND, UH, WHAT THAT WOULD ENTAIL IS, IS, UH, POSTPONING TO A A DATE CERTAIN IF, IF THE BODY IS, UH, IN SUPPORT OF POSTPONING, YOU WOULD POSTPONE TO A DATE CERTAIN, UM, A MOTION TO POSTPONE IS DEBATABLE.

SOME MOTIONS ARE NOT DEBATABLE, BUT THAT IS ONE THAT'S DEBATABLE SO THAT YOU CAN DISCUSS THE MERITS OF POSTPONING.

UM, UM, A, A MOTION TO, UH, END DEBATE AND, AND VOTE IS

[00:25:01]

CALLED, UM, IT'S CALLED CALLING THE QUESTION, UH, UM, WE HAVE TO MAKE THE MOTION FOR THE ORIGINAL FOR THE MAIN QUESTION, THEN POTENTIALLY GO TO DEBATE.

BUT THEN YOU HAVE TO MAKE A MOTION TO END DEBATE.

WELL, YOU CAN MAKE A MOTION TO END THE DEBATE OR YOU CAN JUST LET THE DEBATE RUN ITS COURSE.

BUT, UH, THE PROCEDURE FOR ATTEMPTING TO END DEBATE AND MOVE ON TO VOTE IS CALLING THE QUESTION USUALLY DON'T DEBATE.

LIKE, SO WE USUALLY DO ALL THE DISCUSSION FIRST.

MM-HMM.

, AND THEN WE MAKE A MOTION AND THEN WE VOTE ON THE MOTION.

ARE WE DOING THAT WRONG? UH, YES.

YES.

WE LET THEM DO ALL THE TALKING.

MM-HMM.

AND WE MAKE THE MOTION TO ACCEPT OR DENY AND THEN WE CROSS-TALK WITH EACH OTHER ABOUT THE MERITS OF THE THING.

MAYBE ASK QUESTIONS OR I THINK, I THINK YOU'D ASK QUESTIONS AT THE FIRST AND THEN WE WOULD HAVE OUR DISCUSSION TO DISCUSS.

SO GOING BACK TO MY EARLIER POINT, THE MAKING OF A MAIN MOTION IS THE STARTING POINT FOR PARLIAMENTARY PROCEDURE.

ALL RIGHT.

LET'S SEE.

STILL GOOD, BUT THAT IS GOOD TO KNOW THAT WE CAN MAKE AN AMENDMENT AND SAY LIKE YOU WERE TO MAKE A, A MOTION TO GRANT A VARIANCE, BUT THEN LIKE I WANTED TO GRANT IT WITH A CONDITION, THEN I CAN MAKE AN AMENDMENT.

YES.

THE SAME ONE WITH THAT CONDITION BECAUSE THERE'S, THERE'S NO TIME FOR US TO LIKE TALK ABOUT HOW WE WOULD SET IT ALL UP BEHIND THE SCENES.

SO WE HAVE TO DO IT RIGHT HERE.

SO YOU HAVE TO MAKE ALL THE AMENDMENTS.

YEAH, IT'S JUST IS.

UM, SO WE'VE ALREADY TALKED ABOUT, UM, THE VOTE.

UM, FOR MOST MATTERS IT'S A MAJORITY OF THE ENTIRE MEMBERSHIP.

I'M SURE THAT'S ALREADY BEEN PROBABLY EMPHASIZED FROM THE PAST.

UM, ALRIGHT, SO THE VOTE, WHAT IF YOU HAVE A TIE VOTE? UM, OBVIOUSLY THAT WOULD BE, UH, IN SITUATIONS WHERE YOU ONLY HAVE FOUR PRESENT, UM, OR YOU HAVE SOME WANNA ABSTAIN OR SOME, SOME SITUATION LIKE THAT.

AND IT'S, SO YOU END UP WITH A TIE VOTE.

SO IT WOULD HAVE TO BE A TWO TO TWO SITUATION, RIGHT? BECAUSE IT CAN'T BE ONE TO ONE YOU, IT TAKES THREE TO DO ANYTHING.

SO, OR IT TAKES THREE TO ACT ON THIS TYPE OF MATTER.

RIGHT? SO WHAT HAPPENS? WELL IT MEANS THE MOTION'S BEEN REJECTED.

UM, DOESN'T THE CHAIRPERSON VOTE LAST AND BREAK ANY? THAT'S, YEAH, THAT'S WHERE I WAS IN READING AND LISTENING TO THIS.

A LOT OF THE TIMES THE CHAIR DOESN'T PARTICIPATE FOR THAT PURPOSE, BUT SINCE WE'RE SO SMALL, I'M NOT AWARE OF THE CHAIR HAVING A TIGHT BREAKING FUNCTION.

NOT FOR THIS BODY, NOT FOR THIS LEGITIMATE BREAKING.

YOU'RE JUST THE LAST OF LIKE, IF ME AND HIM WERE TO VOTE YAY AND NAY, THEN I MEAN CLEARLY WITH ONLY THREE OF US WE CAN'T GO FORWARD.

BUT I GUESS THAT WOULD BE SOMETHING YOU WOULD PUT IN THE BYLAWS IF THAT'S THE WAY YOU WANT IT TO GO.

YEAH.

UM, I MEAN YOU SHOULD VOTE ON EVERYTHING.

MM-HMM.

.

NOW WHETHER IF YOU GUYS WANT HERS TO BE THE LAST OR THE CHAIR TO BE THE LAST, BUT IF YOU WOULD ALSO VOTE.

YEAH.

SO BACK TO MOTION THREE.

CONSIDER, I THINK I'VE ALREADY STATED THAT GENERAL RULE IS IT, IT MUST, THAT MOTION MUST BE MADE DURING, UH, MUST BE HER DURING THE SAME MEETING, WHEREAS YOUR BYLAWS CLEARLY STATE THAT IT'S NOT GONNA HAPPEN THAT WAY.

IT'S GONNA HAPPEN THAT THE NEXT MEETING.

AND THAT I THINK IS ALL THAT I WANTED TO TOUCH ON.

AND LIKE I SAID, I'M HAPPY TO COME BACK, GO THROUGH THIS AGAIN.

WE HAVE AN OPENING ON THE BOARD.

I THINK I'M DISQUALIFIED.

SO CAN WE ASK YOU QUESTIONS? DOES ANYBODY HAVE ANY QUESTIONS? UM, SO LAST MEETING THERE WAS LIKE ONE YES.

AND NOBODY COULD SAY NO

[00:30:01]

AND IT WAS THE AUTOMATIC, I I I'M GONNA STOP YOU THERE CUZ I'M PROBABLY NOT GONNA WEIGH IN ON WHAT'S ACTUALLY OCCURRED.

MM-HMM.

.

ALRIGHT.

UM, YEAH, I'M, I'LL JUST LEAVE IT THERE.

I BETTER NOT WEIGH IN ON, ON MATTERS THAT ACTUALLY CAME BEFORE YOU.

YOU DO HAVE TO VOTE YES IF WE CAN'T VOTE YES.

THAT MIGHT BE, THAT'S WHAT I'M ASKING.

YEAH.

MM-HMM.

.

SO WE HAVE TO VOTE TO APPROVE.

IF WE CAN'T GET ENOUGH YESES, IT'S NO.

OKAY.

THERE'S ONLY ONE MOTION MADE AND IF IT DOESN'T PASS, THAT'S IT, THEN THAT'S IT.

YEAH.

WE VOTE TO APPROVE AND IF THERE'S NOT ENOUGH APPROVAL THEN IT'S, THAT'S WHAT WE RAN INTO LAST TIME THAT YEAH, WE WERE, THAT'S WHY I SAW THAT WAS WONDER IF IT WAS AGAINST HOW THIS SAYS.

THANK YOU.

THANK YOU VERY MUCH.

SO MOVING ON TO THE OTHER TOPICS, WOULD YOU GONNA REVIEW THE BYLAWS? I HONESTLY AM NOT SURE WHY THAT WAS ON THERE.

LAUREN SAID SHE THOUGHT YOU GUYS WANTED TO TALK ABOUT IT, BUT SHE DIDN'T REALLY SAY, I DON'T KNOW IF, DO YOU GUYS WANNA TALK ABOUT IT OR DID YOU WANT CHANGES OR, IT SOUNDED LIKE HE HAD RECOMMENDATIONS ON CHANGES MM-HMM.

.

YEAH.

I MEAN, OR DO YOU WANT TO WAIT TILL YOU HAVE A FULL GROUP OR KIND OF HOPING FOR THE FULL GROUP? YEAH.

UM, I DIDN'T KNOW ANDY HAD, HE WAS ON, I GUESS THE IDEA IS SINCE THE BYLAWS WERE APPROVED IN 2014, WE WERE KIND OF HOPING TO LIKE JUST LOOK THEM OVER AND THEN, YOU KNOW, MAYBE BRING THEM UP TO, EVEN IF IT COMES TO JUST VOTING NOW AND SAYING, YES, WE LIKE THESE ONES AND THEN THEY'VE BEEN APPROVED CUZ THEY'RE GETTING ON ALMOST 10 YEARS OLD AND MAYBE WE WANT TO AT LEAST SAY YES, WE AGREE WITH THEM.

RIGHT.

OKAY.

YOU, YOU MAY WANNA WAIT UNTIL YOU HAVE A FULL YEAH.

YEAH.

PROBABLY 'EM AND UH, OTHERWISE WE'RE NOT GETTING THE QUALITY OUT OF IT THAT WE WANT.

RIGHT, RIGHT.

ALL RIGHT.

YOU MAY WANNA LOOK THOSE OVER FOR THE NEXT MEETING.

OKAY.

AND AS OF RIGHT NOW, THERE ISN'T ANYTHING FOR A MARCH MEETING.

THERE'S NO APPLICATIONS IN.

OKAY.

SO YEAH, WE WILL CONTINUE THAT, UM, FORM WHEN WE HAVE A FULL BOARD PRESENT.

IS THERE AN ANNUAL REPORT THAT WAS IN YOUR PACKETS? MM-HMM.

AND THAT WAS BASICALLY JUST SHOWING WHAT Y'ALL DID, YOU KNOW, IN 2022 AND MEMBERSHIP AND THE DATES AND THINGS LIKE THAT.

ATTENDANCE WE HAVE GRAPH.

HUH? THERE'S EVEN A GRAPH.

.

THERE WAS A LITTLE ONE.

YEP.

THAT WAS ACTUALLY TAKEN FROM THE UM, FULL ANNUAL REPORT.

THERE WAS ALL THE BOARDS AND ALL THAT.

AND IF YOU GUYS WANT A COPY OF IT, I CAN SEND THAT TO YOU, BUT FIGURED YOU PROBABLY DIDN'T CARE.

, WE, WE DON'T HAVE SO MANY MEETINGS THAT IT'S HARD TO REMEMBER RIGHT.

THE LAST COUPLE YEARS BEFORE THAT.

I MEAN, THERE WAS NO MEETINGS DURING THE YEAR, SO WE'VE ACTUALLY HAD THAT HAPPEN.

ALL RIGHT, SO THEN IS THERE A MOTION TO ADORN THE MEETING? A MOTION TO ADJOURN? I ALL IN FAVOR SAY AYE.

AYE.

AS OPPOSED, MOTION CARRIES.

MEETING ADJOURNED AT 7 35.

SAME TIME AS LAST TIME.