A tape recording shall be made of each public hearing. The secretary shall record the minutes. The minutes shall include each decision of the board, with findings made and the vote of each member of the board for the respective decision. A copy of the minutes shall be submitted to the board for approval at the next regular meeting of the board.
(AR No. 96-26(S), § 1, 3-12-1996)
A. 
Testimony of persons appearing before the board shall be limited as follows: petitioner (including all of his or her representatives), ten minutes; representatives of groups, five minutes; individuals, three minutes. The petitioner may reserve time for rebuttal at the end of the public hearing. The board may extend the time period for any person where it deems the additional testimony to be new and necessary to its decision on the case.
B. 
Cross-examination shall be permitted of any witness by any party or by staff, but only through the chair. The chair shall redirect the question to the appropriate person unless he or she determines it to be irrelevant or presenting the question will unreasonably disrupt, delay or confuse the proceedings. The chair may modify or restrict the scope, extent or method of cross-examination in order to assure fundamental fairness of the proceedings before the board, to prevent undue delay, irrelevant cross-examination or harassment of persons offering testimony to the board.
C. 
Voluminous information should not be submitted to the board at the public hearing. Generally, maps, graphic, and photographs will be allowed. Typewritten information should be limited to one page. Information may be accepted, if the board chooses to allow the additional information. If the petitioner insists that the voluminous information is important and critical to the case, the hearing will be postponed for 30 days to allow staff to review the information, include it in the board member packet, and allow a thorough review of the board.
(AR No. 96-26(S), § 1, 3-12-1996)
All parties shall have the right to subpoena witnesses and documents using a form provided by the municipal clerk and submitted to the clerk for issuance at least five working days before the date of the hearing.
(AR No. 96-26(S), § 1, 3-12-1996)
A. 
Every decision made by the board shall be based on and include written findings of fact and conclusions. Every finding of fact shall be supported in the record of the proceedings. The findings shall be sufficient to provide a reasonable basis for understanding the reasons for the decision. In considering and applying any applicable approval criteria, the board shall make specific findings as to why the criteria have or have not been met.
B. 
Every final decision of the board shall clearly state on its face it is a final decision with respect to all issues involved in the case, and that the parties have thirty (30) days from the date of mailing, or other distribution of the decision, to file an appeal to the superior court.
C. 
Only those members shall participate in the decision who have been present at all public hearings on the matter before the board or who state on the record that they have reviewed available records and are sufficiently familiar with the testimony and material presented at any missed hearings to make an informed decision.
(AR No. 96-26(S), § 1, 3-12-1996; AR No. 2004-215(S), § 8, 12-7-2004)
A. 
Upon its own motion at any time before a decision on the matter is made, at the request of a board member or a person appearing before the board, the board may postpone the matter before the board for cause stated on the record. Re-notice of the new time for hearing is only necessary if the postponement is for more than four weeks or if no date certain is set for the hearing at the time of postponement.
B. 
When the board has only a quorum in attendance a petitioner shall have the option of postponement without prejudice on the case before the board.
(AR No. 96-26(S), § 1, 3-12-1996)
A. 
No board member shall participate in any decision in which he or she has a possible conflict of interest unless, after full disclosure to the board, his or her participation is approved by a majority of the full board. The vote shall be recorded on the public record.
B. 
Any board member who has a possible conflict of interest in pending matter shall bring this information to the attention of the board before the staff begins its presentation or as soon thereafter as the board member recognizes his or her possible conflict of interest. It is the responsibility of each board member to fully disclose facts showing any possible conflict of interest. Where those facts involve information of a confidential or scandalous nature, the conflict may be discussed in executive session.
C. 
The board shall find a conflict of interest and refuse to approve the participation of a board member if:
1. 
The board member or member of his or her immediate family has a measurable financial interest in any property affected by the matter to be decided; or
2. 
The board member or member of his or her immediate family could foreseeably profit in any material way because of the matter to be decided; or
3. 
If the board member would be faced with a violation of the code of ethics of the municipality under the conflict of interest provisions of chapter 1.15 by participating in the matter to be decided.
The board shall also consider whether the personal interest or involvement of the board member in the matter to be decided would prevent that member from fairly evaluating the evidence or that, based on all the surrounding circumstances, participation by the board member would create the appearance of impropriety in the proceedings. No member shall be excused from participation solely on the basis of personal familiarity with the case or the parties involved.
D. 
Any member found by the board to have a conflict of interest with regard to a particular matter shall not participate in any manner in that matter.
(AR No. 96-26(S), § 1, 3-12-1996)
Ex parte contacts are prohibited by section 3.60.065. If, however, a board member obtains information from outside of the public hearing process, whether through inadvertent ex parte communications with interested parties or through specific personal knowledge of a case, he or she shall fully disclose the information or knowledge to the board during the public hearing, along with the source of that information. Such ex parte communications or personal knowledge of a case shall not constitute a conflict of interest or other basis for excuse from participation in any case. Ex parte contacts shall be also prohibited for matters under reconsideration by the board.
(AR No. 96-26(S), § 1, 3-12-1996)