Showing posts with label housekeeping. Show all posts
Showing posts with label housekeeping. Show all posts

Monday, May 4, 2026

Saturday, May 17, 2025

Page Update: Public Hearing FAQ’s

 The FAQ page has been updated to include the following information about the options for making decisions and the role played by questions during a public hearing. 


Q:  What options does a land use commission or board have with regard to its decisions?

A:  Many parties may try to assert that their facts as presented compel a particular decision. That is not true. Public bodies always have options, but for any given case, the options vary with respect to whether or not or the degree to which a decision is legally defensible. It is to be expected that interested persons offering testimony may try to assert otherwise, but for staff or legal counsel to do so should be regarded as an indication of undue influence and such raises the possibility of a legal challenge.  

Most land use decisions fall under four general categories: (1) to approve as presented with no conditions attached, (2) approve with conditions so long as any conditions are consistent with applicable ordinances, resolutions, or court decisions, or (3) to deny if approval of the application is not consistent with the aforementioned legal instruments. (4) In addition, a land use board may table a matter to a date certain or table a matter indefinitely. The former is preferable as indefinitely tabled items must be taken up again in the same form; after a long interval, doing so may be difficult if circumstances have changed.

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Q:  What role do questions from a land use commission or board play in public hearings?

A.  Questions may be asked of those offering testimony, staff, or legal counsel in order to clarify testimony, ask questions about staff contributions such as meeting packets or reports, and of counseto evaluate available options with regard to the legal defensibility of potential decisions.  

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Q:  Why do members of land use commissions or boards sometimes ask questions for things they should be expected to know?

A.  The ordinary reasons for such questions are fairly simple: (1) New members may need to ask for clarification if they are unsure about something under discussion. (2) During long hearings, it is wise to ask for clarification especially if the topic is unusually complex and/or the hour is late. (3) The least understood reason by both public officials and the general public is that the proper role for members of a public body is to hear, clarify, and evaluate testimony and exhibits. They should not offer testimony as doing so is confusing in that it blurs the line between providing testimony and evaluating it. However, if a board member has reason to believe that something relevant is being left out or ignored they may ask questions designed to elicit further testimony. The distinction is obvious, but in during long or contentious hearings it is difficult to maintain. 

Sunday, March 9, 2025

Two additions to the links list.

I have added links in the left sidebar: The first is to Campbell Farming which is the official website for the Campbell Ranch proposed master plan development. There is also a link to a description of the master plan located at Kellenberg Studio’s website:   “Kellenberg Studio is a boutique urban planning and urban design firm…”

Monday, February 17, 2025

New page added to the list under the blog title

By request, I’ve added a page listing Edgewood’s elected officials from 1999 to the present. Some dates are approximate. Corrections/clarifications are welcome: email me using the address on the profile page.