16 PCSR 04-26-1994 - Laserfiche WebLink

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• opinions, either verbally or non-verbally, encourage the person to come to the meeting where everyone can hear the some comments, and then to disclose the contact. 3. Swearing In. Some states require that an oath be administered to everyone who testifies at a public hearing, and the oath can be administered to an entire group at one time. Even where it is not required, some places swear in witnesses to lend more seriousness to the proceedings. 4. Tabling Decisions In a recent Oregon case, an applicant sued the city because to Planning Commission tabled action on an application in order to get more information. The judge agreed that the tabling action was not to obtain information, but was simply a means of deferring the decision. The applicant lost a year in construction time, and was awarded $30,000 plus attorney's fees. 5. Avoiding Lawsuits Much of the discussion centered around the increasing proliferation of law suits. The attached check lists from You Be The Judge was presented by the two authors, as a guide • line for avoiding suits because of procedure. 6. Zoning and Subdivisions In a few states, a referendum by the voters is required for a change in zoning. In many other states, the Planning Commission makes the final decisions on subdivision applications, and only appeals go to the City Council. The theory behind this is that zoning is an amendment of a city ordinance, but subdivision decisions are simply the implementation of already established ordinances. 7. Pay A few cities pay the planning commissioners a per diem stipend for each meeting. A lady sitting next to me from Utah received a per diem of$35 per meeting. This practice is relatively rare. 8. Training In Virginia In Virginia, the County Extension Department of Virginia Polytechnic Institute and State University offers a program to train planning commissioners. The course consists of 13 hours of course work, an intervening period for reading, homework and learning experiences, and then an additional 12 hours in the classroom. Upon completion of the 10 • week program, the commissioner is "certified." More than 600 commissioners from Virginia and the surrounding states have completed the course.