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07-27-1977 Workshop Q u BOARD OF ADJUSTMENTS WORKSHOP JULY 27, 1977 Followed the Public Hearing for Robert J. DeFlippo Th~re was some discussion on the May 11, 1977 meeting. Chairman Millard stated that at this meeting Judson Woods was present and he referred to legal cases. There were two pages of these minutes. They skimmed through the very important parts and they go into great detail when it came to the exchanges between Marie Nichols, the Chairman and the City Attorney. It goes into great.detail how she left the meeting. He felt that this was a hatchet job on Marie Nichols. Chairman Millard stated that he feels if these minutes are going to be typed they should be verbatim. Chairman Millard stated that there were minutes done on this meeting. Then months later there was another set of minutes typed and put into the record with no notice to them at all. He stated that he feels badly about it and he feels that this leaves a bad impression on the board. He went on to say that it was a very brief event. We were talking in general terms and Mr. Woods was asked to avoid talking about the Highland Shores case. Mr. Woods stated at the meeting, oh, yes all right. Chairman Millard went on to explain that Marie Nichols arrived later and had not heard that. She did not realize that we were not talking about any case she made some reference to it, Mr. Millard told her, hey Marie .you better not. This is a general talk and we don't want to talk about a certain case. We then discussed the rules and regulations she started to use as an illus- tration a thing that had happened in the Highland Shores case. He stated that he felt that he should stop at that point and say that we will have to recess if we go on with this. Marie as was her perfect riqhts, said o.k. and then she left. Chairman Millard stated that Marie has assured him repeatedly that she did not feel badly about this. It seems to him that some of the audience that were there had gone out of their way to create a problem on this. So much so that someone requested Susan or whoever to type these minutes and apparently told whoever was going to do it to con- centrate on the fact that Marie was told not to talk about Highland Shores. He feels that this was a very minor and brief episode. This does not create a clear picture of what happened that night. Mr. Poland asked if he may ask a question. Chairman Millard stated that that is what we are here for. Mr. Poland stated that there is only one set of official minutes of the meeting. There is one set of minutes and there is a verbatim tape. Chairman Millard agreed with him. Mr. Poland went on to say that there is only one set of minutes in the record. Chairman Millard stated that there are two. Mr. Poland stated that there can't be two. One of them should be removed from the record. - Chairman Millard stated that he feels that is the right way to go. Mr. Poland stated that as the Chairman of the Board and as all the members that are present now were present at that meeting he thinks that the two sets of minutes should be reviewed and that we should take a vote on which one more truly represents the important parts of the meeting and should be approved by the board, and one should be rejected by the board. If anyone has any questions beyond the depth of this meeting that they can go back to the verbatim tape and listen to the whole meeting. (.) (.I Chairman Millard agreed with this. Mr. Poland suggested that this be done. Chairman Millard stated that we do not make motions in this group we are all equ~l-. We should approve our minutes. Mr. Poland stated that a memo should go to the City Clerk directing her as to which of these two sets of minutes is to be entered in the official records as the official brief minutes of that meeting. He feels that would be in order. Mr. Lupinek agreed with that. Chairman Millard stated itin the record. Mr. Poland stated that it would appear that people who somehow get the impression that they can be the power behind the throne with regard to the one case which we recently had, where we had the minutes of the Zoning Board stating that they approved certain action, he takes this as undue pressure on the board and he feels that this had no business in our files at the time of the meeting. He stated that he believes that he commented to Mr. Sikes shortly after that meeting and he feels that we have to put a stop to this type of thing now. He wonders why on earth would someone make up a set of minutes when we already had a set of minutes. This was two months later. Chairman Millard stated -that the original one page minutes have been there on file so far as he knows nobody has made any comment about it either way and then unannounced there are two pages. He went on to say that he has done a little background checking on it. He stated that he was not going to use any names he just asked around to various people and he was told that the minutes were not long enough. He takes this as a very lame excuse. Mr. Poland stated that if they are going to have minutes that consice, he suggests that the City hire a full time employee to type verbatim minutes of all our meetings. And to go back in history and type them up verbatim and then type up the entire history of the Highland Shores case; all thirteen hours of the discussion the debate and the decision as well as verbatim minutes of all meetings. Chairman Millard stated that this points out the ridiculessness of this extracting only those parts that whoever is writing them decides to ex- tract. Mr. Poland stated that whoever is directing them written. Chairman Millard stated that he did not want to get into that. Chairman Millard stated that on page 125, Part 901.103 Minutes and Records. He read the part on the Board of Adjustments. He went on to say that he thinks if we are going to keep the minutes then we should have the accompanying right of approving or not approving whatever is typed up. Mr. Poland stated that he proposed that the Board of Adjustments write a letter to the City Clerk directing that the original and all copies of this two page minutes of May 11th which was delivered July 13th should be with- drawn from the records and in their place should be the original minutes as done by the Chairman with the approval of the board. Chairman Millard stated that we should vote on that at this time. Mr. Lupinek voted 'to have those minutes stricken from the files and he would like to add that he does not think we need any help from the outside. Mr. Fenske stated that he agrees with that 100%. Mr. Poland stated that he made it and he is going to certainly vote for it. -2- ~ ~ Chairman Millard stated that he agrees and concurs, he went on to ask if he should wri"te a "memo of this or give her the tape? Mr. Poland stated that he thinks we need a written memo for the record. Chairman Millard stated that he feels that this is one thing that we should do for Marie Nichols, he feels that she got the raw deal on this thing. Chairman Millardl had written down what he felt we should talk about in regard to the rules and procedures. He stated that if we are going to have any more complicated cases as we have been having, we need to get the ground rules cleared up. He asked if the board members would like to take these home with them and look them over. Mr. Poland suggested that we take them one at a time now and make the changes. Chairman Millard began with one. Mr. Poland began to read from the rules and procedures. The board members discussed each part and made numerous changes. After much discussion, Chairman Millard said he would type up the new rules and procedures and give them to the clerk. (Attached to these minutes are the detailed results of the rules and procedures which were decided on by the board) Chairman Millared ended the workshop meeting. -3-