[00:00:01]
AT 7:00 PM[Board of Zoning Appeals on June 18, 2024.]
FOR A BOARD OF ZONING APPEALS, UH, MEETING.AND I'LL GO AHEAD AND HAVE A ROLL CALL PLEASE.
AND NEXT WE'LL GO ON TO, UH, REVIEWING THE MINUTES.
WE'LL START WITH OUR DECEMBER 19TH, 2023 MEETINGS.
IS THERE A MOTION TO APPROVE THE MINUTES? NO.
SHE NEEDS MOTION BECAUSE I WAS HERE.
UH, I MAKE A MOTION TO APPROVE THE DECEMBER 19TH, 2023 REGULAR MEETING MINUTES.
UM, ALL THOSE IN FAVOR SAY AYE.
THE THING IS YOU, WE NEED TO MAKE THAT STATEMENT ABOUT THE OTHERS NOT BEING PRESENT.
IS THERE ANY DISCUSSION YOU CAN ARTICULATE? BECAUSE YOU WERE, UM, OKAY.
WE WERE THE ONLY MEMBERS PRESENT AND STILL ON THE BOARD AFTER THE RESIGNATION OF MICHAEL WILLIAMS AND LOIS.
YOU WERE AT, I MEAN, DO I GET ASKED? I CHAIRMAN MCCARTHY.
AND THEN IS THERE A MOTION TO APPROVE THE FEBRUARY 20TH, 2024, UH, MEETING MINUTES.
I MOVE TO APPROVE THE MINUTES FROM THE FEBRUARY 20TH, 2024 BPA MEETING.
ANY DISCUSSION? UM, IT'S THE SAME ISSUE.
UH, MANDY AND I ARE THE ONLY MEMBERS PRESENT AND STILL ON THE BOARD AFTER THE RESIGNATION OF MICHAEL WILLIAMS AND LOUIS MOTON.
VICE CHAIRMAN AARON? I WAS THERE.
AND NOW WE'LL MOVE ON TO THE OTHER TOPICS AT HAND.
FIRST WE'LL START WITH THE BYLAWS.
SO WE HAVE INCLUDED THE CURRENT EZA BYLAWS.
UM, THE ONLY CHANGES WE MAYBE WANT TO DISCUSS, UM, YOU THINK IT SEEMS MISSING FROM OURS IS LIKE A, A DRUG CODE, WHEREAS LIKE OTHER PGAS TEND TO A LITTLE MORE FORMAL.
WE DON'T HAVE ANYTHING IN HERE.
I DON'T KNOW WHAT YOU GUYS THINK OF A CASUAL ADDRESS.
YEAH, I DO THINK THAT WE NEED THE BUS BUSINESS CASUAL DRESS CODE.
AND, UM, I WAS LOOKING AT IT AND I GUESS WOULD IT GO UNDER OFFICERS? WE PUT IT UNDER ARTICLE TWO, UM, OR IT CAN GO UNDER ARTICLE THREE.
WE USE FORMS VOTING AT THE END.
IT SEEMS LIKE IT WOULD BE UNDER ARTICLE THREE, RIGHT? NOT REALLY RELATED TO OFFICERS, IS IT? YEAH, NO, YOU'RE CORRECT.
SO I WOULD SAY ARTICLE THREE THREE CAN ADD IN LIKE A YEAH, BECAUSE THIS IS A QUASI-JUDICIAL BOARD.
SO THE THOUGHT WOULD BE, SHOULD BE A LITTLE MORE FORMAL.
BUT THAT'S THE ONLY THING THAT'S DIFFERENT FROM MOST OTHER LOCALITIES.
EVERYTHING ELSE IS PRETTY MUCH YEAH, I, I HAD PRINTED IT OUT, BUT I CAME STRAIGHT FROM ARLINGTON.
I DIDN'T HAVE A CHANCE TO REVIEW.
THERE WAS A FEW THINGS Y'ALL HAD HIGHLIGHTED, BUT I DON'T REMEMBER THEM OFF THE TOP OF MY HEAD.
AND I DON'T HAVE IT WITH YOU BECAUSE
BUT DO YOU REMEMBER, DO YOU MAKE IT HIGHLIGHTED? I SENT MANDA, I SENT IT TO EVERYBODY WRITE UP OF ALL THE EDITS AND THINGS THAT I HAD THAT I THOUGHT WERE WORTHWHILE TO ADJUST OR CHANGE.
WHEN DID YOU SEND THAT? I DID NOT SEND IT TO YOU THOUGH.
WE NEED A COPY OF THAT SO THAT WE CAN DISCUSS THE, THE PROPOSED CHANGES OR IF YOU WANNA GO AHEAD AND READ 'EM ALL THAT WAY WE CAN HAVE IT IN THE RECORD.
[00:05:01]
AND I WOULD SUGGEST IN THE FUTURE YOU FORWARD IT TO ME AS THE SECRETARY AND THEN I DISTRIBUTE IT TO YOU ALL.SO THE BEST WAY, AND WE CAN GO OVER THE EMAIL, COMMUNICATE, WE CAN WHEN YOU GUYS ARE CORRESPONDING WITH FIVE EMAIL MEETING.
YEAH, NO, THAT'S WHY I SENT IT TO EVERYBODY INDIVIDUALLY.
I DIDN'T HAVE ANY PROBLEM WITH YOUR, WHAT YOU SAID.
I SUGGESTED MOVING SOMETHING TO A DIFFERENT PLACE.
THAT WAS THE ONLY THING I, THE PROBLEM IS, IS THAT YOU CAN'T MAKE SUGGESTIONS LIKE THAT THROUGH THE EMAIL.
WE CAN'T DISCUSS IT THROUGH EMAIL.
SHE SENT OUT ASKING FOR INPUT.
NO, I SAID TO LOOK OVER IT FOR THE MEETING.
BUT ANY CORRESPONDENCE THAT HAPPENS, CONNIE HAS TO BE CC'D.
UM, BECAUSE SHE'S A LOT OF TRUST.
SHE KEEPS ALL RECORDS AND THAT WAY WE'RE NOT, NOT VIOLATING ANYWHERE OR ANY STATE CODE, ESPECIALLY IN THIS COMMUNITY.
LIKE, WE NEED TO BE TRANSPARENT.
SO EVEN BEEN ONE-ON-ONE COMMUNICATION, CONNIE NEEDS TO BE CC'D ON.
UH, TYPICALLY LIKE WE HAVE A BZA.
WE HAVE ISSUED EACH OF YOU A TOWN EMAIL.
SO THAT EMAIL, WHEN SOMEBODY SENDS AN EMAIL TO THE BCA AT FRONT ROYAL B COM, EVERY SINGLE PERSON ON HERE GETS IT.
I GET COPY AND CONNIE GETS A COPY.
BUT I'M SAYING LIKE YOU SAID, YOU SAID SHE HAS TO BE CC'D ON EVERYTHING.
IN A CASE OF LIKE ONE-ON-ONE, IF MANDY SENDS ME SOMETHING, I MEAN, IF IT'S NOT DIRECTLY RELATED TO BOARD BUSINESS, NO, BUT JUST AS A, JUST AS A SAFEGUARD CC CONNIE.
THAT WAY IT'S IN OUR SYSTEM AND WE HAVE THE RECORDS.
BECAUSE I ONLY SENT IT JUST THINKING THAT WE WOULD TAKE TODAY TO DISCUSS IT.
SO THAT'S WHY I DIDN'T INCLUDE YOU.
'CAUSE I WASN'T EVEN THINKING, THOUGHT WE WOULD ALL LOOK AT IT.
SO WE WERE READY TO DISCUSS THE BYLAWS AT THE MEETING.
UM, DO YOU WANT ME TO FORWARD IT TO YOU RIGHT NOW? 'CAUSE TYPICALLY WHAT WOULD HAPPEN IS WE WOULD HAVE ACTUALLY, I WOULD SEND IT TO GEORGE EVEN THOUGH HE'S NOT YOUR ATTORNEY.
I, IF HE COMES TO ME, THEN I CAN PLEASE LOOK THROUGH IT WITH HIM TO MAKE SURE EVERYTHING IS ON PAR WITH STATE CODE.
HOW SIGNIFICANT ARE THESE CHANGES? NOT A LOT.
CAN I INCLUDE BOTH YOU AND CONNIE? AND SO THE FIRST ONE IS TO, IN ARTICLE 2.1 AT THE END, HE JUST WROTE, IN THE EVENT, ANY OFFICER'S POSITION BECOMES VACANT AT ANY TIME DURING THE YEAR.
AN ELECTION MUST BE HELD AT THE EARLIEST OPPORTUNITY TO FILL THE VACANCY, WHICH IS WHAT WE'VE BEEN DOING.
BUT IT'S NOT BEEN WRITTEN THERE.
UM, BASICALLY WE HAVE NO CONTINUATION FOR LOSS OF NUMBERS OR ANYTHING THAT SEEMS TO HAMSTRING US AT VARIOUS POINTS.
SO MIGHT AS WELL PUT IT IN THERE THAT WE TAKE CARE OF IT WHEN IT HAPPENS.
AND THEN IN ARTICLE TWO HE DID ADD, UM, UH, FIFTH 0.6 DAYS PRIOR TO A TERM EXPIRATION OR UPON SUCH TIME THAT AN IMMEDIATE VACANCY OCCURS, THE SECRETARY TO THE DCA SHALL NOTIFY TOWN ADMINISTRATION THAT THE NEED EXISTS TO FILL A VACANCY OR UPCOMING TERM EXPIRATION.
SOMETHING YOU PROBABLY ALREADY DO INTERNALLY.
UM, IT'S JUST YOU'RE SAYING JUST CODIFY IT.
UM, THERE ARE ALSO SOME CHANGES TO LIKE GENERAL LIKE LANGUAGE INSTEAD OF CHAIRMAN, I JUST MOVED EVERYTHING TO CHAIR SO THAT WE DON'T HAVE ANY ISSUES WITH THAT GOING FORWARD.
I KNOW THAT'S PROBABLY NOT LOCALLY AN ISSUE, BUT IT EVENTUALLY BECOMES ONE.
SO DOES IT SAY CHAIRMAN ANYWHERE? IT SAYS CHAIRPERSON, RIGHT? YES.
IT SAYS CHAIRPERSON, BUT CHAIRPERSON ISN'T CORRECT.
IN MEETINGS, YOU WOULD BE THE CHAIR.
THE CHAIR RECOGNIZES THE CHAIR DOES THIS, THE CHAIR DOES THAT.
IT DOESN'T MATTER WHO OCCUPIES IT.
THE POSITION RECOGNIZES NOT THE PERSON THEY DID PERSON TO MAKE IT NEUTRAL.
TO TRY AND BE NEUTRAL THAT WAY.
UM, IN ARTICLE THREE IN THE FOURTH POINT, HE TOOK OUT A QUORUM SHALL BE NECESSARY TO CONDUCT ANY VDA BUSINESS.
IS THIS PULLED FROM ANOTHER JURISDICTION OR WHAT DO YOU MEAN? PULLED FROM ANOTHER JURISDICTION? DID YOU LOOK AT OTHER BYLAWS TO COME UP WITH THIS ONE? THE, THE QUORUM? YEAH, THE QUORUM PIECE.
BECAUSE WHAT I NEED TO DO THEN IS CHECK THAT THIS IS IN ALIGNMENT WITH STATE CODE.
I'D HAVE TO RUN THIS BY THE TOWN ATTORNEY WHENEVER WE SAY THAT.
UM, EVERYTHING SHOULD BE RUN BY THE TOWN ATTORNEY, BUT CORRECT.
[00:10:01]
YES.ALL, ALL THESE THINGS ARE ARTICLE THREE FOUR.
DO YOU HAVE A SOURCE, THE SOURCE FOR YOUR INFORMATION FOR THIS ONE? SEVERAL DIFFERENT ONES.
IN THE ABSENCE OF A FORUM, THEY'RE WORDED DIFFERENTLY.
HOWEVER, THE BZA MAY ENGAGE IN DISCUSSION OF INTERNAL MATTERS SUCH AS TRAINING PROCEDURES OR PERSONNEL.
AN OPEN SESSION WITHOUT A QUORUM.
BUT THAT ONE I NEED TO TALK TO GEORGE ABOUT.
PLUS I DON'T KNOW WHY WE WOULD HAVE ANY OF THOSE THINGS WITHOUT A BOARD.
WE'RE NOT GONNA OFFER TRAINING TO TWO PEOPLE RUN BY HIM.
I'LL RUN THESE THROUGH GEORGE.
AND THEN GRANT A REHEARING, THREE MEMBERS, UM, QUORUM IS REQUIRED TO VOTE.
SO FOR US TO MAKE A DECISION, WE NEED QUORUM.
BUT IF THERE'S ONLY TWO OF US, BECAUSE THREE OF US ARE SICK, IT DOESN'T MEAN THAT WE CAN'T MEET AND BE LIKE, OKAY, WE WE NEED TO, YOU KNOW, NEXT MEETING.
WE NEED TO MAKE SURE THAT WE GET TOGETHER AND DO THIS AND WE DO THIS.
IT'S STILL AN OFFICIAL MEETING.
YEAH, BUT WE'RE NOT DECIDING ANYTHING.
WE'RE JUST DISCUSS PLANNING AND DISCUSS, DISCUSS.
THEORETICALLY THE PROBLEM IS, WITHOUT HAVING A VOTE, WE CAN'T DISCUSS THROUGH EMAIL AND ALL THE OTHER STUFF.
'CAUSE THEN WE'RE HAVING MEETINGS, OUTSIDE, RECORDINGS, ALL THAT STUFF.
SO WHY NOT AT LEAST BE ABLE TO USE THAT TIME USEFUL? RIGHT.
'CAUSE AS IT'S WRITTEN NOW, IT'S JUST OTHER THAN WE COULD SAY OUR NEXT MEETING IS AT JULY.
WE TWO, IF WE HAVE TWO, IF WE ONLY HAVE TWO PEOPLE, THAT'S IT.
WE CAN'T EVEN TALK ABOUT WHAT WE'RE DOING AT THE NEXT MEETING.
AND THAT'S NOT GOOD 'CAUSE IT JUST SLOWS THINGS DOWN.
WELL IT'S IN THE BEST INTEREST OF THE, OF THE TOWN'S FUNDS AS WELL.
IF WE'RE PAYING TWO PEOPLE TO BE HERE, THEN MIGHT AS WELL DO SOMETHING.
OR WHAT THEY WOULD END UP DOING IS THEY PROBABLY JUST CANCEL THE MEETING SAYING WE DON'T HAVE ENOUGH PEOPLE.
AND THEN THE NEXT TIME WE HAVE ENOUGH PEOPLE, WE WOULD ALL COME TOGETHER AND SAY, OKAY, WELL NEXT MEETING WE NEED TO DISCUSS THESE THINGS.
WE SHOULD HAVE GOT TOGETHER AND DECIDED TO DISCUSS AT THE MEETING.
AND SO IT'S JUST MORE MEETINGS.
UM, SO THEN 0.6, HE ADDED GRANT REHEAR.
HAS TO, UM, WE'VE ALREADY, BUT WOULDN'T BE THE POSS WOULDN'T, WE'VE ALREADY DONE THIS.
SO IT TAKES THREE CONCURRING MEMBERS, CIVIL MAJORITY TO DO THESE THINGS.
ONE OF THEM'S GRANTED REHEARING, THE BOARD HAS ALREADY GRANTED REHEARINGS IN THE PAST WITH THREE MEMBERS.
SO YOU'RE JUST THROWING IT IN HERE.
IT'S, IT'S SIMPLY NOT ONE OF OUR POWERS UNDER OUR BYLAWS.
SO WHY NOT HAVE, YEAH, SO I MEAN, JUST SO I'M CLEAR, BASICALLY THIS IS TO DISCUSS THESE CHANGES.
AS LONG AS WE ALL AGREE ON THEM, THEN THEY WOULD TONIGHT.
NO, I KNOW WE'RE NOT MAKING ANY FORMAL CHANGES TONIGHT.
YOU COULD, BUT STAFF STRONGLY RECOMMEND THAT YOU DON'T UNTIL I CAN TALK TO AN ATTORNEY.
THEY WOULD LIKE ADVISEMENT OF STAFF.
BUT, BUT I'M JUST SAYING THAT'S WHAT, IN TERMS OF NEXT STEPS ULTIMATE GOAL YEAH.
STAFF HAS TO PREPARE THE DRAFT.
LIKE TECHNICALLY WE NEED TO PREPARE THE DRAFT.
WE NEED TO DISSEMINATE IT TO ALL OF YOU.
LIKE WE HAVE TO FOLLOW THE PROPER PROCEDURES.
SO, UM, TONIGHT WE WILL NOT BE ABLE TO I, OKAY.
MY RECOMMENDATION IS THAT WE DO NOT, YOU DO NOT VOTE ON THIS TONIGHT.
MAKE ANY FORMAL CHANGES TONIGHT.
STAFF HAS TO BE LOOPED INTO THINGS LIKE THIS.
I DON'T WANNA HAVE, LIKE I I DO THINK IT'S, WELL WHAT CAN YOU WALK ME THROUGH? I DIDN'T, WHY IS, WHY DOES STAFF HAVE TO BE LOOPED IN? LIKE VERSUS LIKE THIS? WE KEEP THE RECORDS.
SO WE'RE THE SECRETARY, CONNIE IS THE SECRETARY OF THIS BOARD.
SO ANY, ANYTHING THAT YOU DO, WE NEED TO BE ABLE TO KEEP A RECORD OF IT.
BUT ISN'T THAT WHAT WE'RE DOING RIGHT NOW? SORRY, THAT'S WHAT I'M CONFUSED BY.
BUT STAFF NEEDED TO, LIKE, STAFF HASN'T HAD ANY TIME TO REVIEW THIS.
WE HAVEN'T HAD ANY, WE DIDN'T, WE WEREN'T ABLE TO PRINT IT OUT.
I WASN'T ABLE TO TALK WITH THE TOWN ATTORNEY ABOUT IT.
HAD WE RECEIVED IT, WE WE WOULD'VE CREATED A DRAFT.
WITH THE CHANGES YOU'RE PROPOSING, LIKE RED LINED THROUGH WHAT EXISTS PUT IN THE NEW GEORGE WOULD'VE REVIEWED THAT.
WHY ARE YOU LAUGHING, CODY? BECAUSE THAT, THAT IT'S JUST, THAT'S WHAT IT EXACTLY IT LOOKS LIKE.
I'M NOT BEING SO I'M JUST SAYING HAD WE KNOWN IN ADVANCE YEAH.
WE WOULD'VE HAD IT PREPARED FOR Y'ALL TO LOOK AT.
LIKE I'M NOT, I CAN'T, I CAN'T GIVE YOU ANY ADVICE BECAUSE
[00:15:01]
WAIT A MINUTE, IF THIS CONTINUES, I CAN'T WITH HIM.UM, I HAVEN'T, I CAN'T GIVE YOU ANY ADVICE BECAUSE I HAVEN'T TALKED TO THE TOWN ATTORNEY.
BUT, BUT WOULDN'T WE ALL AGREE? SORRY, WHAT, WHAT? I'M, I'M JUST TRYING TO, AS FAR AS NEXT STEPS, WOULDN'T WE, LIKE, THIS IS A PROPOSAL, BUT WE HAVEN'T ALL DISCUSSED IT.
WHY WOULD WE INVOLVE THE TOWN ATTORNEY UNTIL WE'RE ALL IN AGREEMENT THAT THIS IS, WE NEED TO INVOLVE STAFF FIRST.
SO ANYTHING THAT HAPPENS, SEND IT TO US SO WE CAN PREPARE IT.
SO WE, WE GET THE DOCUMENTS READY, WE WOULD PUT THAT IN YOUR PACKET AND THAT WAY IT WOULD'VE BEEN ADVERTISED PUBLICLY THAT THIS IS WHAT YOU WERE GONNA BE DISCUSSING TONIGHT.
BECAUSE WE DIDN'T ADVERTISE THIS.
SO WE JUST SAID, OKAY, DO WE NEED TO ADVERTISE IT? EVERYTHING THAT GOES IN YOUR PACKETS AND EVERYTHING THAT YOU DO HERE NEEDS TO BE, BUT SORRY, PUT THAT ON THE, BUT IT IS ON THE AGENDA THAT WE'RE, I UNDERSTAND THAT IT'S ON THE AGENDA.
IT'S JUST THAT THESE SPECIFIC CHANGES, THIS EMAIL IS NOT IN THE PACKET.
PUBLIC IS NOT ABLE TO CLICK THE LINK AHEAD OF TIME AND READ WHAT WE ARE DOING.
WHICH IS OH, TO MORE TRANSPARENCY'S SAKE.
WE HAVE TO PUT ALL OF THOSE MATERIALS ON THE WEBSITE.
IN THE PACKETS AVAILABLE TO THE PRESS.
SO YOU WOULD WANT, EVEN IF WE'RE GONNA DISCUSS IT AND WE'RE NOT ALIGNED, EVEN IF WE, EVEN IF I'M NOT SAYING THIS IS THE CASE, BUT EVEN IF THERE WAS SOMETHING THAT WE, WE, WE GO, OH, ACTUALLY WE'RE NOT ALL ALIGNED ON THIS.
IT SEEMS LIKE IT WOULD BE A WASTE TO TO NO, IT'S NOT GO TO THE, IT'S NEVER A WASTED NO.
IF WE WEREN'T IN A, IT SEEMS LIKE WE WOULD RECOMMEND BE LIKE, OKAY, WE'VE DISCUSSED IT NOW WE WOULD GET IT REVIEWED BY GEORGE.
AND SHE'S SAYING SHE'S NOT READY FOR IT TO GO TO THE TOWN ATTORNEY.
'CAUSE WE HAVEN'T TALKED ABOUT IT.
BUT WHAT WOULD HAPPEN IS I WOULD JUST GET SOME INITIAL FEEDBACK SO THAT WHEN WE ARE HAVING THIS DISCUSSION, LIKE WE CAN ADVISE YOU PROPERLY.
BECAUSE TONIGHT ALL WE'RE GONNA DO IS I'M GONNA TAKE YOUR FEEDBACK, CONNIE'S GONNA MAKE A RECORD OF IT, AND THEN WE'RE GONNA HAVE TO COME BACK AFTER I TALK WITH POWERS THAT BE.
AND I THINK THAT'S NECESSARY THOUGH IN THIS CASE BECAUSE I MEAN, TECHNICALLY RIGHT NOW, THESE ARE COREY'S SUGGESTIONS.
THESE AREN'T, I'M NOT A COACH.
UM, I'M, I KNOW NOTHING OF THEM.
I MEAN I GOT THE EMAIL BUT I DIDN'T READ IT.
SO I'M LEARNING ABOUT THEM RIGHT NOW.
I THINK WE NEED TO GO OVER THEM, DISCUSS SOME AND THEN SAY, OKAY, HEY STAFF, THIS IS WHAT WE CAME UP WITH.
PLEASE, PLEASE THE ATTORNEY TO MAKE SURE THAT WE'RE ON POINT BECAUSE WE ALL KNOW WHERE CORRECT.
LUCY EY AND THE GRAVEL SOMETIMES.
'CAUSE I THOUGHT THAT THAT'S WHAT TONIGHT WAS, WAS THE DISCUSSION FOR IT.
SO NEXT TIME I'LL KNOW IN THE FUTURE TO SAY AHEAD OF TIME THEN THAT'S ALWAYS YEAH.
THAT'S LIKE THE, OR IT JUST CC US ON IT SO THAT WE'RE AWARE BECAUSE WE CAN'T, LIKE WE, WE COULDN'T HAVE PREPARED.
SO THEN IF I CC YOU GUYS, IT DOESN'T COUNT AS A MEETING.
SO LIKE IF I DID CONNIE AND ONE OTHER BOARD MEMBER, THAT DOESN'T COUNT AS A MEETING THEN.
WHEN YOU, WHEN YOU AS THE CHAIR SEND OUT AN EMAIL AND, AND PUT ALL OF THEM ON IT, THAT'S NOT A MEETING.
WHEN YOU ALL START RESPONDING AND YOU CREATE A CONVERSATION, THAT'S WHEN IT BECOMES A MEETING.
BUT WE STILL NEED TO HAVE, SO WE JUST DON'T RESPOND RECORDS.
WE ALREADY OTHER BOARDS IS IF YOU'RE ALL GONNA RESPOND, AT LEAST WE STAGGER IT.
IT CAN'T BE PERCEIVED AS A CONVERSATION.
SO IF YOU SEND THE EMAIL AND THREE HOURS LATER YOU RESPOND TO IT MM-HMM.
THAT'S PER SE IS NOT A CONVERSATION.
BUT IF IT'S LIKE WITHIN LIKE FIVE MINUTES AND THEN YOU'RE RESPONDING AND THEN YOU'RE RESPONDING AND IT'S LIKE AT A VERY SHORT TIMEFRAME, THAT'S WHEN YOU GET INTO LIKE IT'S A LITTLE IFFY.
BUT JUST TO BE CLEAR, SO IF WE'RE GONNA DISCUSS SOMETHING, THE IDEA IS TO MAKE IT AVAILABLE TO THE PUBLIC FOR TRANSPARENCY'S SAKE.
WE HAVE TO MAKE IT, BECAUSE I DO THINK THAT IT MAKES SENSE FOR US TO DISCUSS IT BEFORE IT GOES TO GEORGE AND THAT'S FINE.
BUT I JUST WANTED TO CLARIFY THE TWO SEPARATE ISSUES.
I UNDERSTAND FOR THE, THE TRANSPARENCY OF HAVING IT AVAILABLE TO THE PUBLIC THAT THIS IS WHAT WE'RE DISCUSSING.
STILL A LITTLE CIRCULAR OH YEAH.
SO IN THE CASE, IN, IN THE CASE WE JUST TALKED ABOUT, HE HAD SET OF SUGGESTIONS.
LET'S SAY YOU HAD SOME SUGGESTIONS.
AND WE SENT TO YOU, BUT NOT TO EVERYONE ELSE, OR IT WENT TO EVERYWHERE ELSE.
IT WASN'T DISCUSSED ANYTIME YOU, BUT THEN WAS SENT TO ALL, ALL OF YOU AS WELL.
AND, AND THEN YOU'RE GOING TO TAKE EVERYONE'S SUGGESTIONS AND RUN IT BY THE LAWYER AND THEN COME BACK HERE BEFORE WE'VE EVER DISCUSSED IT.
SO THE PROPER WAY IS THAT EACH OF YOU WOULD SEND YOUR EDITS TO CONNIE.
AND THEN CONNIE WILL COMPILE EVERYTHING LIKE, WE'LL, COLOR CODE IT, CODY'S COLORS WILL BE GREEN, YOURS WILL BE RED, WHATEVER.
AND IT'LL ALL BE IN ONE DOCUMENT THAT'LL BE POSTED ON THE WEBSITE THE FRIDAY PRIOR TO THE MEETING.
SO ONLY RESPOND TO HER IS WHAT YOU THINK.
SHE REALLY ONLY RESPOND THAT'S ACTUALLY THRUST OF IT.
AND THAT WAY EVERYTHING IS COMPILED PROPERLY.
IT'S IN THE PACKET THAT GIVES US TIME TO LOOK AT IT PRIOR TO
[00:20:01]
THE MEETING.SO WHEN I, IF I HAD GOTTEN THAT LAST WEEK, CONNIE WOULD'VE PUT IT IN THE AGENDA PACKET.
I WOULD'VE, WE WOULD'VE SPENT THE LAST TWO DAYS REVIEWING IT.
I WOULD'VE HAD GEORGE LOOK AT IT.
AND THEN YOU COULD HAVE MOVED FORWARD TONIGHT OKAY.
AND I MEAN, TECHNICALLY YOU STILL CAN, MY RECOMMENDATION IS THAT YOU DON'T, I MEAN, I'M GUESSING THAT EVEN AFTER GEORGE LOOKS AT IT, WE COME HERE, WE DISCUSS, WE MIGHT HAVE CHANGES, WE HAVE TO DISCUSS IT.
AND THEN IT MIGHT HAVE TO GO BACK TO GEORGE MIGHT BE ANOTHER, ANOTHER, YOU KNOW, SO WE'RE JUST, YEAH.
YEAH, I, YEAH, I THINK MY, SORRY.
AND I DON'T MEAN TO BE LIKE BEATING THIS TO DEATH, BUT LIKE YOU SAID, YOU KNOW, IF YOU HAD GOTTEN THAT, THAT YOU GUYS WOULD'VE SPENT THE LAST TWO DAYS, THAT FEELS PREMATURE TO ME.
LIKE WOULDN'T WE? WHY WOULD YOU GUYS DISCUSS IT FOR THE LAST TWO DAYS IF, WOULDN'T WE DISCUSS IT AS A BOARD? WE DO.
YOU KNOW WHAT, DO YOU KNOW WHAT I'M SAYING? LIKE, I, I GET LIKE I'M TOTALLY FOR FULL TRANSPARENCY, LIKE YES.
LIKE I, I, I WOULDN'T SEND, I GET THE PART ABOUT IT GOING TO STAFF.
I'M GONNA TELL YOU WHAT MY RECOMMENDATION.
LIKE WHAT, WHEN I SPEAK TO GEORGE, WHAT HIS INTERPRETATION OF THE LAW IS.
I'M NOT GONNA TELL YOU GUYS, IF I THINK SOMETHING IS SILLY AND UNNECESSARY, DON'T PUT IT IN THERE BECAUSE THAT'S OUTSIDE OF MY PURVIEW.
IT'S A, THE REASON YOU LOOP STAFF IN, IT'S JUST SO THAT WE CAN MAKE A RECOMMENDATION.
I DON'T KNOW HOW TO EXPLAIN IT.
AND IT'S BECAUSE STAFF IS FUNCTIONING AS THE SECRETARY FOR OUR BOARD.
SO IF OUR BOARD, IF OUR BOARD WAS LARGER OR A LARGER JURISDICTION AND WE HAD AN INTERNAL SECRETARY AS LIKE A POSITION THAT WE APPOINTED.
AND EVERYTHING WOULD STILL GO TO THAT SECRETARY, BUT IT WOULDN'T BE INVOLVING TOWN STAFF.
IT WOULD JUST BE INSIDE THE BOARD.
THEN EVERYTHING FUNNELS THROUGH HER BECAUSE CONVERSATIONS WITH THE SECRETARY ARE DIFFERENT.
NO, I'M TOTALLY CLEAR ON, ON CONNIE'S ROLE AND WHAT, AND THE, THE WAY OUR BOARD IS STRUCTURED THAT I'M, I'M TOTALLY CLEAR ON THAT.
THE PIECE THAT IT GOT ME WAS THE STAFF WORKING ON IT.
I I'M NOT INCLUDING YOU AS STAFF WORKING ON IT FOR THE PURPOSES OF THIS.
I'M MEANING YOU WOULD BE WORKING ON IT AS OUR SECRETARY, NOT AS TOWN STAFF.
EVEN THOUGH I KNOW YOU'RE BOAT WHERE I WAS CONFUSED THAT YOU AND GEORGE AND PEOPLE WOULD BE WORKING ON IT WITHOUT HAVING I WOULD BE READING IT.
NO, I'M TOTALLY LIKE I AM, I AM TOTALLY DOWN WITH TRANSPARENCY.
IT WAS, I FEEL LIKE IT'S TWO SEPARATE ISSUES THAT ARE GETTING COBBLED TOGETHER, WHICH IS LIKE, YEAH, I THINK YOU'RE RIGHT.
ACTUALLY I THINK YOU'RE RIGHT.
'CAUSE I THINK IT GOING TO CONNIE FOR IT TO BE PUT TOGETHER AND YOU WHATEVER.
BUT IT FEELS, YEAH, IT, THE GOING GOING TO THE ATTORNEY PART DOES SEEM SLIGHTLY PREMATURE FOR ME OR TOWN STAFF WORKING ON IT WITHOUT HAVING US DISCUSS LIKE, IT'S LIKE TO ME IT'S LIKE IT WOULD BE, WELL IT'S NOT LIKE THEY'RE WORKING ON IT.
I'M READING IT SO THAT OKAY, I'M AWARE OF WHAT'S HAPPEN.
AND YOU, YOU WOULD ALSO HAVE TO SAY IF YOU PUT SOMETHING IN THERE THAT'S LIKE NOT EVEN RELEVANT TO STATE CODE, I CAN BE LIKE, HEY GUYS, CODE.
MY RECOMMENDATION IS SHE CAN GIVE US WISDOM.
'CAUSE OTHERWISE THERE'S NO POINT IN STAFF BEING HERE.
DO WE WANNA KEEP GOING THROUGH THESE POINTS? YEAH.
I SAW ON ARTICLE SIX YOU SAID COUNTY THAT MAKES CHANGE TO TOWN.
SO THE BA COUNTY STAFF, IT NEEDS TO SAY TOWN STAFF ARTICLE THREE SIX DID YOU SAY? YEAH, IT'S WHAT I THINK IT'S ARTICLE SIX PROCESSING OF THE APPLICATION.
THEN IT'S NUMBER SIX, THE ADDITION.
SO THAT NEEDS TO ON ARTICLES DOWN, HE ADDED ONE THAT'S IN, SO THAT NEEDS TO CHANGED TO TOWN STAFF.
IN ARTICLE SIX, BECAUSE I SKIPPED OVER SOME.
I READ THROUGH A FEW OF THE CAN I UP HERE? SORRY.
I'M LIKE, I DON'T, I THINK SHE, SHE JUMPED SIX.
OH, I THOUGHT WE WERE STILL IN ARTICLE THREE.
SO HE REMOVED 11, UH, FROM ARTICLE THREE.
UM, AND HE DISQUALIFIED SHALL BE ANNOUNCED AND MADE PART OF THE RECORD OF THE VCA PRIOR TO, UM, WHICH I'M NOT SURE IF I AGREE WITH THAT BECAUSE THESE POINTS AHEAD DO MENTION ABOUT WAYS OF DISQUALIFICATION, BUT IT DOESN'T NECESSARILY MENTION THAT THERE WERE ANY DISQUALIFICATIONS.
AND I THINK IT PROBABLY SHOULD BE NOTED IN THE RECORD THAT THERE ARE DISQUALIFICATIONS IS THE DECISION DECISION TO BE DISCLOSED THAT SHALL BE ENTERED THREE 11 BELIEVE.
SO EIGHT AND 11 ARE DUPLICATES.
[00:25:01]
SO WE STILL HAVE IT.IN THE EVENT OF IMPLEMENT WEATHER OR OTHER CONDITIONS THAT REQUIRE CLOSURE OF TOWN HALL, UM, OR SUCH LOCATION TO W FIVE PPA MEETING IN THE NOTICE OF THE MEETING OR IF THE CHAIR OR VICE CHAIR, IF THE CHAIR IS UNABLE TO ACT, FINDS AND DECLARES THAT WHETHER OTHER CONDITIONS ARE SUCH THAT IT IS HAVE THOSE REMOTE MEMBERS TO ATTEND THE MEETING.
ALL AGENDA ITEMS NOT YET HEARD AT THE TIME OF THE ADORNMENT MUST BE RESCHEDULED.
TELL STAFF IS RESPONSIBLE TO ING HIS SCHEDULE SUCH POSTPONE ITEMS INTO THE ADVERTISING BY LAW.
ANOTHER THING I THINK WE ALREADY KIND OF DO.
THIS IS THE VBA TOWN STAFF AND APPLICANT
SO THEN CONNIE, WILL YOU TAKE THIS AND THEN YOU'LL ALSO ADD THE DRESS CODE TO IT.
WHATEVER CHANGES YOU SEND ME, I CAN PUT INTO A DRAFT.
SO WHATEVER YOU SEND ME, I CAN PUT IT IN THERE AND TALK WITH GEORGE, MAKE SURE EVERYTHING'S GOOD.
YOU KNOW, IF IT'S NOT GOOD, THEN WHEN WE COME TO MEET AND YOU LOOK AT THE DRAFT, SHE'LL SAY, WELL, GEORGE RECOMMENDED YOU NOT, OR THIS ISN'T HER STATE CODE OR WHATEVER.
SO COULD WE SEND BUT DIFFERENTLY, LIKE, BECAUSE LIKE YOU'LL SEND HER THIS DRAFT, BUT ALSO WILL INCLUDE THE DRESS CODE AND YOUR, WHATEVER YOUR, DO YOU REMEMBER WHAT YOUR CHANGES WERE? I NOT, NOT OFF THE TOP OF MY HEAD.
WELL, I HAVE, I HAVE ALL THAT ON THE RECORDING AND, AND IN THE MINUTES, SO I'LL BE ABLE TO RECORD EVERYTHING YOU'RE SUGGESTING.
SO YOU CAN TAKE CARE OF THE DRESS CODE.
HOWEVER THE STAFF WOULD WRITE THAT IN.
THAT'S WHERE I WOULD SAY I WOULD WORK ON IT, IS I WOULD WRITE THAT IN TO THE BYLAWS AND THEN WE WOULD BRING YOU GUYS THE DRAFT AND THEN YOU WOULD SAY, YES, THIS LANGUAGE IS WHAT WE WANT.
SO YOU HAVE EVERYTHING YOU NEED FROM ME.
I DO NOT NEED TO SEND YOU ANYTHING AFTER THIS UNLESS THERE ARE OTHER ITERATIONS FLOATING AROUND FROM OTHERS.
I'LL, I'LL GET IT FROM THE MINUTES AND WHAT YOU SENT US.
I DID HAVE ONE OTHER THING THAT I HAVE IT HERE THAT I DID PUT IN HERE.
UM, BUT I THINK IT APPEARS SEVERAL TIMES THROUGH OUR BYLAWS.
THERE IS A, LET'S SEE, ARTICLE THREE SIX, UH, D ITEM D ISSUANCE OF SPECIAL USE OR SPECIAL EXCEPTION PERMIT, UM, IS ONE OF THE THINGS THAT WE CAN VOTE ON.
BUT ONLY IF SUCH AUTHORITY IS DELEGATED TO THE BVA IN THE FUTURE BY THE TOWN COUNCIL.
AND I UNDERSTAND WE DON'T HAVE THAT AUTHORITY.
THIS APPEARS MULTIPLE TIMES IN THE DOCUMENT.
I THINK IT SHOULD BE TAKEN OUT OF THE DOCUMENT.
IF WE DON'T HAVE THE POWER, THEN GET RID OF IT UNTIL WE DO HAVE THE POWER AND THEN WE'LL ADD IT IN.
OTHERWISE WE'RE JUST HAVING, LIKE, YOU MIGHT HAVE THIS, MAYBE THAT'S, THERE'S NO REASON TO HAVE IT THERE IF WE DON'T HAVE IT.
WHY, WHY WOULD WE HAVE IT THERE IF WE DON'T HAVE, 'CAUSE WE'VE NEVER HAD THAT HAVE WE? BECAUSE IN OTHER JURISDICTIONS THEY DO HAVE THAT AUTHORITY.
AND I THINK THEY'RE JUST TRYING TO BUILD SOME FLEXIBILITY IN, BUT I CANNOT FORESEE THIS CURRENT COUNCIL, UM, OR ANYBODY THAT TYPES IN TO BE ELECTED THIS FALL BEING AMENABLE TO THAT KIND OF CHANGE.
LIKE DELEGATING THAT KIND OF AUTHORITY.
AND IF THEY DO, WE CAN WE CAN ADD IT.
BECAUSE THEN YOU GUYS WOULD BE MEETING EVERY SINGLE MONTH.
I MEAN I'D BE FINE WITH STRIKING THAT THEN WE'D BE OLD FINE OIL MACHINE IF WE DID
UH, SO ARE WE GOOD? IS THERE ANY MORE DISCUSSION WITH THE BYLAWS AND YOU DON'T REMEMBER WHAT YOUR CHANGE WAS? NOT OFF THE TOP OF MY HEAD.
SO THE HIGHLIGHTED DOCUMENT THAT I WAS TALKING ABOUT THAT WAS PRINTED OUT WAS ONE THAT LOUIS HAD SENT.
DO YOU REMEMBER THAT? UM, I HAVE YOU.
UH, ARTICLE SIX, UM, ADDITION NUMBER SIX.
UH, PERHAPS IT BELONGS IN SECTION FIVE FOUR.
ATION SIX SEEMS TO BE DUTIES OF THE MEMBER.
DID IT UNDER WHICH ONE? UM, SIX
[00:30:01]
AND NUMBER SIX.OH, THE BDA COUNTY STAFF OR THE BDA TOWN STAFF AND APPLICANT'S MUST COMPLY WITH THE CODE OF VIRGINIA WITH RESPECT TO EX PARTE COMMUNICATION.
YEAH, HE SAID SHOULD GO UNDER FOUR.
BECAUSE THAT'S SPECIFICALLY UNDER PROCESSING OF APPLICATION.
BUT THIS IS FOR APPLICANTS TOO, ISN'T IT? FOR OH, IT SAYS BD COUNTY STAFF AND APPLICANT APPLICANTS.
IS WHY WITH THE CODE OF VIRGINIA, WITH RESPECT TO EX PARTE, WE SPLIT THE SENTENCE AND PUT IT IN EACH, OR DO WE JUST LEAVE IT WHERE IT'S AT? OR DO WE PUT IT UP TOP? I DON'T KNOW.
'CAUSE AN APPLICANT'S WON'T MAKE SENSE.
WELL MOST OF IT APPLIES TO US TOWN STAFF.
I MEAN, I WOULD JUST TAKE OUT, I CAN TAKE, I WOULD TAKE OUT THE APPLICANT'S BECAUSE IT SAYS ALL APPLICATIONS SHALL BE FILED WITH THE DEPARTMENT OF PLANNING AND ZONING.
THE PROCESSING AND SCHEDULING OF APPLICATION SHALL COMPLY WITH THE REQUIREMENTS OF THE FRONT ROYALS COORDINATE TO THE CODE VIRGINIA.
SO I WOULD SAY THAT'S OUR NUMBER.
SO WE TAKE TAKE IT OUT AND MOVE IT UP.
YEAH, I AGREE WITH PUTTING IT IN UNDER ARTICLE FOUR AS A NUMBER FIVE.
SO THE BZA TOWN STAFF AND APPLICANT, OR THE BZA TOWN STAFF AND TOWN STAFF MUST COMPLY WITH THE CODE OF VIRGINIA WITH RESPECT TO EX PARTE COMMUNICATION? BECAUSE I DON'T THINK THAT, I MEAN WE, APPLICANTS DO HAVE TO, BUT WE WE'RE NOT THE POLICE OF THAT
I HAD THREE OTHER ADDITIONS THAT I DON'T KNOW IF THEY NEED TO BE ADDED HERE OR, OR WHAT WE HAVE TO DO.
UM, ONE OF THE THINGS THAT I'VE SEEN IS THAT MOST OF THESE BOARDS HAVE AN ALTERNATE.
SO WE HAVE FIVE MEMBERS, BUT IT WOULD BE GOOD TO HAVE A SIXTH ALTERNATE IN CASE ONE OR TWO OF US ARE OUT.
THE ALTERNATE CAN COME IN AND BE A, HE IS A FULL FUNCTIONING MEMBER.
I MEAN, WE COULD ROTATE 'EM IN AND OUT IF WE WANT, BUT WE COULD JUST HAVE THE ALTERNATE KIND OF ON HAND SO THAT WE DON'T HAVE THIS LIKE, 'CAUSE THERE'S FIVE OF US, IT'S VERY EASY TO GET INTO A ONE, A SITUATION WHERE WE CAN'T VOTE, SO WE GOTTA HAVE THREE.
YOU HAVE TO HAVE, YEAH, WE HAVE GOTTA HAVE THE THREE.
HOW DOES THAT WORK WITH OUR BUDGET FOR THE BP PPA? SO LIKE THE, LIKE HOW WE GET PAID.
SO THE THING IS, YOU KNOW, SO WE HAVE A BOARDS AND COMMISSIONS BUDGET.
UM, SO ALL THE BOARD TRAININGS FOR ALL FOUR OR FIVE BOARDS THAT WE HAVE TRAINING COMES OUT OF THAT.
UM, I, THERE'S NO HARM IN PUTTING IT INTO BYLAWS AND REQUESTING IT OF COUNSEL, BUT I, WE HAVE DIFFICULTY FILLING THE BOARDS, LIKE THE VACANCIES WE CURRENTLY HAVE.
I DON'T KNOW IF THEY'D BE ABLE TO FILL AND HAVE AN ALTERNATE AND THEN WE'D HAVE TO PAY TO TRAIN THEM.
UM, SO THAT'S GONNA BE A DISCUSSION THAT WE WOULD HAVE STAFF WOULD HAVE WITH THE TOWN COUNCIL NOT TO KICK DOWN THE ROAD BE GOOD.
IT, HOPEFULLY WE DON'T HAVE TURNOVER ANYMORE, BUT FOR THE TURNOVER THAT WE DO HAVE, IF WE HAD SOMEONE PREPPED LIKE
BECAUSE WE'D BE LOOKING NOW AND SAY SOMEBODY'S LIKE DONE AND THEY LEAVE, WELL, WE'RE ALREADY LOOKING TO FILL AND THEN, THEN WE'RE LOOKING AGAIN.
SO WE'RE NOT WAITING UNTIL OUR BOARD IS DOWN TO COMPLETELY UNFUNCTIONAL BEFORE LOOKING.
WAS IT EVER DOWN TO DOWN? OH YEAH.
MEANS NOBODY CAN TAKE A DAY OFF.
WHICH THERE, IF THERE'S BUDGETARY CONSTRAINTS THAT THAT'S FINE.
IT'S JUST, IT'S AN IDEA TO SOLVE WHAT I PERCEIVE TO BE AN ISSUE THAT YEAH.
THERE'S NO HARM IN PUTTING IT IN THE BYLAWS.
IF YOU'D LIKE TO WRITE AN EMAIL TO TOWN COUNCIL AS THE CHAIR, IF YOU WANT HELP, WE'LL HELP YOU.
IF YOU WANT HELP DRAFTING A, AN EMAIL, THEN I'D BE HAPPY TO SEND IT JUST TO YOU AND COPY CON EMAIL.
THAT'S, THAT'S WHAT I DO FOR A LIVING, SO I'M LIKE THE COMP FEE.
SO I'M HAPPY TO ADDRESS SOMETHING IF THAT WOULD BE HELPFUL.
AND THEN, SO IF YOU'RE GONNA GO BEFORE TOWN COUNCIL, I WOULD'VE TO TALK WITH THE TOWN MANAGER.
I DON'T THINK IT'S NECESSARY, BUT IF YOU NEED SOMEBODY TO DO THAT PART, I CAN DO THAT.
I WOULD THINK THOUGH, THAT WE COULD JUST SEND, BUT I THINK WOULD BE SUFFICIENT.
UH, ONE OF THE OTHER THINGS I HAD WAS, SO WE HAD THIS, THE EXISTING BYLAWS AND THEN WE'RE GETTING READY TO MAKE A CHANGE.
[00:35:01]
I DON'T KNOW WHERE OUR EXISTING BYLAWS CAME FROM, BUT WE'VE HAD THEM, I'M SURE THEY WERE APPROVED AT SOME POINT, BUT THERE'S NO DOCUMENT THAT I KNOW OF THAT'S LIKE, THIS ARTICLE WAS ADDED BECAUSE OF THIS, THIS ARTICLE WAS ADDED.I DON'T KNOW THAT WE HAVE REASONS FOR THE CHANGES REDLINED, BUT WE HAVE COPIES OF THE OLD BYLAWS OR EVERY, SO SOME OF THEM MAY HAVE JUST LIKE CEASED TO BE FUNCTIONING ALONG THE REASONING WHY THEY WERE ADDED, BUT WE WOULDN'T KNOW.
SO WE'RE LOOKING AT IT GOING, WELL, EVERYTHING THAT EXISTS IS GOOD, BUT WE DON'T KNOW WHY IT'S THERE.
AND MAYBE THAT'S JUST TRYING TO GET GREATER UNDERSTANDING.
BUT IF WE MAKE THE CHANGES THIS TIME, TYPICALLY ANY, ANY SIGNIFICANT CHANGES WOULD COME BECAUSE OF STATE CODE.
UM, I DON'T KNOW THE LAST TIME THESE BYLAWS WERE REVIEWED IN COMPLIANCE OR CONFORMANCE WITH STATE CODE.
THAT'S ALSO PART OF THIS PROCESS, WHICH IS ALSO WHY I ALLUDED TO LAWYERS.
UM, BUT I MEAN, EVEN IF I CAN GET YOU OLD, I CAN GET YOU ALL, EVERY PREVIOUS SET OF BYLAWS THAT WE HAVE IN OUR FILES DO NOT HAVE STAFF CAPACITY TO TABLE MINUS FOUR.
SINCE, SINCE, SINCE YOU'RE GOING TO BE COLLECTING WHAT WE'RE DOING NOW AND WE'RE PUTTING IT TOGETHER.
WE DON'T HAVE TO WORRY ABOUT THE OLD STUFF, WE WILL JUST CUT IT, CUT IT AND GO.
BUT FROM FROM NOW WE CAN PUT IT, YOU KNOW, HERE'S OUR COMPILING DOCUMENT.
HERE'S THE REASONS THAT WE VOTED YES ON THESE THINGS.
IF YOU GUYS WANT, IF YOU WANT TO EXPLAIN WHY YOU DID EACH CHANGE, WE CAN KEEP THAT SOMEWHERE.
BUT TYPICALLY WHEN WE DO THE MINUTES AND WE HAVE THE RECORDINGS, IF WE NEED TO GO BACK AND LIKE FIGURE OUT WHY WAS THIS DONE OR WHAT HAPPENED, WE GO BACK THROUGH THE MINUTES.
AND THEN IT, IT JUST, IT GIVES US THE CONVERSATION THAT HAPPENED.
AND THAT IS TYPICALLY AS LONG AS THAT'S PROBABLY REFLECTED ON THE DRAFT SOMEWHERE.
RIGHT? LIKE THE DATE OF LIKE, I DON'T KNOW THAT 18.
SO YOU BYLAW THE DATES ON THE LAST PAGE.
THAT WAS REVISED IN JUNE OF 2014.
I THOUGHT YOU SAID THAT BEFORE.
I HAVE A QUESTION ABOUT, UM, MAYBE WE COULD ADD SOMETHING INTO THE BYLAWS.
IF THE STATE CODE, THE STATE CODE CHANGES ARE USUALLY ALWAYS DONE ON JULY 1ST.
SO I DON'T KNOW IF THERE'S LIKE THE FIRST, THEIR MEETING AFTER JULY 1ST, WE COULD CHECK TO SEE IF ANY LAWS CHANGED.
THE ASSEMBLY DID NOT PASS ANYTHING RELEVANT TO BDA THIS PAST SESSION.
SO YOU GUYS ARE GOOD FOR THIS.
I HEAR YOU SAYING THAT, BUT I'M SAYING WHICH MAYBE WE SHOULD PUT SOMETHING IN THE BYLAWS THAT SAY WE SHOULD THE, WE SHOULD AT LEAST MAKE A YEARLY CHECK SO THAT WE DON'T GET 10 YEARS FURTHER DOWN THE ROAD AND WE HAVE IT UPDATED.
WELL, TYPICALLY EVERY FEBRUARY THAT'S WHEN YOU'RE SUPPOSED TO DO THE BYLAW REVIEW ALL OF YOUR LIKE ADMINISTRATIVE THINGS.
BUT I THINK IN FEBRUARY WHAT WE HAD THE REGULAR MEETING AND NOT EVERYBODY WAS HERE.
FEBRUARY, WE HAD TWO VACANCIES FEBRUARY OF THE YEAR.
I KNOW, BUT LIKE THE, THE STATE CODE NEW YEAR'S JULY ONE.
BUT FOR WHATEVER REASON, AND I HAVE NO IDEA WHY ALL OF OUR BOARDS REVIEW BYLAWS AND CHOOSE THE, UM, THE CHAIR IN FEBRUARY.
SO THEY'RE DOING IT ALL BASED ON THE CALENDAR YEAR INSTEAD OF THE FISCAL YEAR.
AND THE STATE RUNS ON THE FISCAL YEAR.
CAN YOU WRITE IT INTO A BYLAW
I MEAN WE COULD, WE COULD CHANGE THAT TO SAY ELECTIONS SHALL TAKE, SHOULD TAKE PLACE THE FIRST MEETING HELD DURING THOSE.
THE ONLY THING THOUGH IS LIKE, I DON'T KNOW THAT WHAT WE DO HAS ANYTHING HAS ANYTHING TO DO WITH THE FISCAL YEAR? NO.
IT'S JUST WHEN ALL THE NEW RULES AND LAWS COME ONLINE.
SO THE GOVERNMENT JUST RUNS BY FISCAL YEAR.
IF THERE ARE CHANGES, WE CAN ALWAYS HOLD ANOTHER MEETING.
SO AT THAT POINT YOU JUST, YOU WOULD EMAIL US AND SAY, HEY, WE'D LIKE TO HOLD A WORK SESSION.
AND THEN CONNIE WILL ARRANGE IT.
THEN MY LAST ONE IS, ONE OF THE THINGS I KEPT SEEING POP UP IS I KNOW THAT THE TOWN DECIDES WHAT CASES COME BEFORE US.
LIKE WHAT? LIKE YOU GET, YOU GET LIKE AN APPLICATION FOR LIKE A, A VARIANCE.
AND THEN YOU WORK WITH THE PEOPLE AND THEN IT COMES TO US IF THEY DON'T LIKE THE TOWN'S DECISION.
SO IT'S REALLY THE PERSON'S DECISION.
WELL, IF THEY DON'T LIKE THE TOWN'S DECISION, IT'S MORE THAN LIKELY A NO.
UM, SO THEY WOULD, THEY WOULD THEN COME TO US.
BUT THE FORM THAT THE PEOPLE FILL OUT, ALL THAT KIND OF STUFF THAT GOES THROUGH Y'ALL, EVEN THOUGH ALL OF THE INFORMATION YOU'RE GATHERING AND EVERYTHING, IF IT IS A NO EVENTUALLY COMES TO US.
[00:40:01]
WE DON'T SEE WHAT THE FORM IS BEFORE IT GOES OUT.WE DON'T APPROVE THE FORM OR NOTHING.
I SEE A LOT OF OTHER BOARD OF ZONE BOARDS WHERE THE FORM ITSELF, THE, IT'S APPROVED BY THE BOARD, LIKE THE THINGS THAT ARE ON IT, THE INFORMATION THAT'S ON IT, THAT'S GATHERED BY IT, THAT GETS AT LEAST RUN BY THE BOARD.
I DON'T KNOW IF THE BOARD IS LIKE THE ARBITER.
DOES, DOES THIS BODY WANT TO REVIEW THE APPLICATION? IS THAT WHAT YOU'RE SAYING? BECAUSE WE CAN GIVE YOU THE APPLICATION AND YOU GUYS CAN, IT'S THIS RIGHT BEFORE WE DENY IT.
THAT THEY HAVE TO FILL OUT TO APPEAL THE YEAH.
FOR A VARIANCE OR A, FOR A VARIANCE FOR, OR APPEAL YOUR DECISION.
SO WE DETERMINE, BECAUSE THERE, THERE MAY BE SOMETHING THAT IN THE, I DON'T KNOW, THE WISDOM OF THE BOARD, THEY SAY, MAN, IT'D BE REALLY NICE IF THIS PIECE OF INFORMATION WAS ON THE FORM AND THEN THAT WOULD HELP US MAKE A DECISION.
WE, BUT IT MIGHT BE SOMETHING THAT, YOU KNOW, GOES THROUGH US AND MAYBE IT'S JUST A RUBBER STAMP, BUT AT LEAST WE GET TO SEE IT AND GO, OH, THIS IS, THIS IS REALLY GOOD AND NOW WE KNOW WHAT WE'RE LOOKING AT, WHAT WE'RE GONNA GET.
AND SO TYPICALLY WHEN YOU GUYS GET A CASE, EVERYTHING, WE EMAIL YOU THE, LIKE SAY THEY'RE, UM, APPLYING FOR A VARIANCE.
WE'RE GONNA SUBMIT THEIR A COPY OF THEIR ENTIRE APPLICATION AND THEN WE'RE GONNA SUBMIT STAFF REPORT.
UM, YOU GET EVERYTHING THAT WE HAVE IN OUR RECORDS.
NOW WHEN YOU'RE REVIEWING IT PRIOR TO THE MEETING, HOPEFULLY A COUPLE DAYS BEFOREHAND.
UM, WHEN YOU HAVE QUESTIONS OR NEED ADDITIONAL INFORMATION, YOU CAN ALWAYS EMAIL CONNIE AND WE CAN GET YOU AT LEAST TRY TO ANSWER IT.
BUT WE CAN SEND YOU GUYS THE FORMS IF YOU'D LIKE TO HAVE ANOTHER WORK SESSION.
YOU'RE GONNA NEED ONE FOR THESE BYLAWS.
YOU WANT TO AMEND THE FORMS? YEAH.
UM, WE CAN INCLUDE THAT IN THE NEXT WORK SESSION.
WE CAN DO BYLAWS AND YOU GUYS CAN REVIEW ALL THE FORMS AND SEE IF THERE'S ANY MISSING INFORMATION THAT YOU'D LIKE TO INCLUDE.
UH, JUST, UH, ARE THESE THE FORMS WE'RE TALKING ABOUT? NO.
SO, SO I THINK IT'S ONLY DUE PROCESS IF THE BYLAWS HAVEN'T BEEN LOOKED AT BY THE BOARD IN 10 YEARS.
MAYBE WE SHOULD JUST TAKE A LOOK AT THE FORMS AND SEE.
YEAH, I MEAN THEY, THESE BYLAWS GET REVIEWED EVERY YEAR.
THEY JUST HAVEN'T BEEN LIKE AMENDED.
THEY HAVEN'T BEEN CHANGED IN 10 YEARS, BUT THIS BOARD DOES BELIEVE THEM ANNUALLY.
WELL, SO IF WE LOOK AT THE FORM YEAH.
AND APPROVE IT, THEN IT DOES GIVE THE TOWN A LITTLE BIT OF COVER TO BE LIKE, THIS IS OUR FORM.
IT'S APPROVED BY THE BOARD OF ZONING APPEALS.
IT GOES OUT AND SO NOBODY CAN QUESTION BLAME YOU STEPS OF YOUR PROCESS TO TRY AND LIKE THAT.
YOU'RE NOT MANIPULATING THE, THE PROCESS.
SO YOU'RE, YOU'RE RESTRICTING THE INFORMATION THAT COMES TO US SO THAT YOUR NO HOLDS UP WHEN IT COMES TO US.
NOBODY GETS TO SAY THAT, YOU KNOW, THE BOARD, THE BOARD'S DECIDING THE BOARD'S DECIDED WHAT INFORMATION YOU'RE GIVING THEM AND THIS IS WHAT IS GOING ON.
WE CAN ADD THAT TO THE NEXT WORK SESSIONS FORMS BY.
BUT IF, IF, IF WE THINK OF ANYTHING ELSE, WE SHOULD JUST EMAIL EMAIL CONNIE BEFORE, OBVIOUSLY BEFORE OUR NEXT MEETING, BUT ASAP.
BUT I, NO, I I'M GOOD WITH ALL THOSE CHANGES WE DISCUSSED.
CONNIE, MEL, ALL OF YOU SHOULD HAVE ACCESS TO YOUR TOWN EMAILS.
UM, AND JUST I AM CURRENTLY BECAUSE I STARTED A NEW JOB THAT HAS USES MICROSOFT, I CANNOT GET ON MY LAPTOP FOR MY PHONE.
DO YOU WORK, ARE YOU HERE DURING OUR BUSINESS HOURS AT ALL IN TOWN? SOMETIMES.
NEXT TIME YOU'RE HERE, GIVE ME A DAY OR TWO NOTICE AND I'LL GET CHARLES.
INSTEAD OF THE TIME YOU CAN MEET WITH CHARLES AND HE CAN GET YOU SQUARED AWAY.
BUT I DON'T THINK, I DON'T THINK IT'S A TOWN ISSUE.
I THINK IT'S THAT MY COMPANY WILL NOT ALLOW ME TO HAVE ANOTHER DO YOU HAVE A VPN? NO, BUT I CAN'T ADD.
I JUST GOT BACK LAST NIGHT INTO THE COUNTRY, SO I EMAILED HIM AFTER I GOT BACK.
BUT I, UM, YEAH, I DON'T KNOW.
I'M HAVING CHALLENGES, SO LIKE I'M NOT GETTING ANY OF US.
CAN YOU SIGN IN ON THE.COM FOR YOUR EMAIL? I'M NOT SURE.
SO I HAVE THIS ONE ON THE APP AND THEN I HAVE ONE.COM AS A WEBSITE AND LIKE YEAH, I THINK YOU MIGHT BE ABLE TO THAT I, BUT IF YOU CAN'T, IF YOU CAN'T FIGURE IT OUT, JUST GIVE ME A DAY OR TWO'S NOTICE.
WE DID FIGURE IT OUT BEFORE, BUT NOW THAT THAT WAS, I WAS USING OTHER APPS.
NOW THAT I HAVE TO USE THIS FOR THIS, IT'S NOT WORKING ANYMORE.
SO THANKFULLY CON EMAILED ME TRYING TO GET THE BUDGET TO GET YOU GUYS IPADS OR SURFACES, BUT I HAD TO GET THE FOR PLANNING COMMISSION FIRST.
DID UM, SO IS EVERYBODY EXCEPT FOR CLAIRE GETTING THEIR TOWN EMAIL? YES.
[00:45:01]
NOT, I DIDN'T EVEN KNOW I HAD ONE.NOBODY EVER TOLD ME THAT YOU HAD ONE FROM BEFORE.
SO YOU JUST NEED TO LOG INTO YOUR, AND THEN WHAT WE DID IS ANYTIME SOMEBODY CLICKS THE GENERAL BZA EMAIL ON THE WEBSITE, SO ON THE LITTLE BZA TAB WE HAVE ON THE TOWN WEBSITE, CONTACT BZA, THERE'S A LINK.
IS THAT RUNNING? THAT IS RUNNING? THAT'S RUNNING NOW.
IT'LL GO TO CONNIE AND TO MYSELF.
UM, TO OUR PERSONAL EMAILS? NO, THROUGH MY TOWN.
SO DID THEY, DID THEY CHANGE THE PASSWORD TO IT, LIKE RESET IT? NO, IT SHOULD HAVE BEEN THE SAME.
AND IF THEY, IF YOU CAN'T GET IN, CHARLES WILL.
YOU JUST NEED TO CALL ME OR EMAIL ME.
I, I DON'T KNOW IF I REMEMBER THE PASSWORD FOR IT, SO WE'LL SEE.
SO YOU WERE ON THE BOARD BEFORE LEFT AND YOU COMING BACK? YEAH.
I GOT UNDER ME, MY PRESIDENT,
UM, THESE CHAPTERS HERE ARE OUT OF THE ALBEMARLE COUNTY, UM, LAND USE LAW HANDBOOK.
THAT IS LIKE, IT'S ALMOST LIKE THE BIBLE FOR OUR DEPARTMENT.
SO THERE ARE DIFFERENT CHAPTERS IN HERE.
THERE'S CHAPTERS ON LIKE VARIANCES.
THIS IS JUST A, JUST AN EASY VIEW OR REVIEW OF STATE CODE.
YOU DON'T NEED TO ACTUALLY GO THROUGH AND READ THE STATE CODE.
I WILL INCLUDE IT ANYTIME WE HAVE.
WE SO MANY APPLIES FOR A VARIANCE.
WE'LL SEND YOU THE STATE CODE, PROBABLY SEND YOU ANOTHER COPY OF THIS.
THIS IS WHAT THEY TRAIN YOU ON WHEN YOU GO TO TRAINING.
UM, BUT VARIANCES, LEGISLATIVE ACTS VERSUS LIKE MINISTERIAL, ADMINISTRATIVE, QUASI-JUDICIAL.
YOU ARE A QUASI-JUDICIAL BOARD.
YOU MAKE QUASI-JUDICIAL DECISIONS, WHICH IS THE VARIANCE, WHICH IS RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE.
YOU DON'T, YOU'RE PREVENTING A CONSTITUTIONAL TAKING BECAUSE OF OUR LAWS.
AND THEN LIKE TOWN COUNCIL, THEY GRANT LEGISL, THEY COMMIT, HOW DO WE PHRASE IT? THEY ALLOW LIKE LEGISLATIVE ACTS, SO LIKE A SPECIAL EXCEPTION, SPECIAL USE PERMITS THAT THEY DO THAT'S CONSIDERED LEGISLATIVE BECAUSE YOU ARE QUASI-JUDICIAL.
OUR TOWN ATTORNEY BELIEVES THAT IS NOT WITHIN YOUR WHEELHOUSE.
UM, AND THEN THERE'S JUST A LITTLE THING ON THE ORIGINS OF ZONING POWER, JUST SO YOU CAN KIND OF UNDERSTAND WHERE IT CAME FROM.
UM, THE DISTINCTION BETWEEN, UH, CITIES, TOWN AND COUNTIES.
BASICALLY TOWNS ARE NOT INDEPENDENT OF THE COUNTY IN WHICH THEY EXIST.
THAT'S THE IMPORTANT PART OF IT FOR YOU GUYS.
UM, TRYING TO THINK WHAT ELSE IN HERE IS IMPORTANT.
UH, JUST LIKE IT IS JUST GENERAL INFORMATION.
UM, YOU KNOW HOW BZA APPEALS WORK, UH, THE PROCESS, THE PROCEDURE.
SO IT, IT'S JUST A, IT'S A GREAT HANDBOOK.
SO MY RECOMMENDATION IS THAT MR. THIS IS THE ONE YOU SENT OUT THE LINK TO? YES.
SO IT JUST, IF YOU HAVE ANY SPECIFIC QUESTIONS, LEMME TRY TO ANSWER 'EM.
YOU SENT THAT FROM THE LAST MEETING TOO, RIGHT? YOU JUST SENT IT FOR THE NEW PEOPLE BECAUSE I, YEAH.
OKAY, BECAUSE I DIDN'T GET IT FOR THIS MEETING.
I MEAN I SENT YOU, I SENT, IT'S IN THE AGENDA.
THE AGENDA I SENT YOU HAS EVERYTHING.
BUT YOU HAD ALREADY, THIS IS THE SAME DOCUMENT YOU EMAILED ME LIKE A LITTLE BIT AGO.
SO I DIDN'T FACT CHECK EACH ONE, BUT I WAS LIKE, I THINK THIS IS THE SAME.
CHECK IN WITH ME LIKE TWO WEEKS, THREE WEEKS BEFORE THE MEETING AND WAY WE'RE GONNA HAVE A MEETING.
THAT WAY WE CAN MAKE SURE YOU'VE GOT ALL THE AGENDA MATERIALS.
WE CAN REVIEW WHAT WE NEED TO GO OVER.
UM, MAYBE I'LL, AND ALSO THE AGENDA IS ALWAYS POSTED ON OUR WEBSITE TO COMPLETE AGENDA.
DON'T WANT, SHE SAYS THAT I NEED TO SEND IT TO YOUR PT A WELL, I DUNNO WHAT THAT ALL THE OLD STUFF THAT THE OLD YEP.
AND THAT'S ALL GOVERNED BY STATE CODE.
THIS IS A MEETING THAT HAD TO HAPPEN BECAUSE WE STARTED GROWING PAIN.
IT, EVERYBODY WAS GONNA BE C YEAH.
[00:50:01]
ADJOURN THE MEETING? I'LL MAKE THAT MOTION THERE.CHAIR MCCARTHY? AYE ADJOURNED.