Planning Board - Regular Meeting

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at uh 6:04 I'll we'll bring the town of North topsil Beach Zoning Board of adjustment regular meeting Tuesday March 18th to order we have an adoption of the agenda I make a motion to approve the or adopt the agenda as presented I second all in favor I we have approval of the minutes of February 18th 2025 I make a motion to approve the minutes from February 18th 2025 and I'll second that all in favor I I old business item a aa24 d003 and that is the North town of North topsil Beach Zoning Board of adjustment appeal application micophone I'll go ahead and uh let attorney Ferguson step in uh we drafted a final order for both the appeal as well as the variants that we'll take afterwards and so in the appeal I Emil those out to you uh uh blind copied them to you to comply with the open meetings law so hopefully

all of you had a chance to read through that uh if you have any questions or any additions or any comments or discussions would you would you like to discuss the pill order this is just the finalization of the findings from last week right I was I'll I'll jump in youall hear me all right yeah so I Believe Miss Hill drafted the administrative appeal as well as the variant draft orders um from the evidentiary quas judicial hearings that you heard on both of these matters and she provided those these are proposed orders for your consideration um you all are welcome to make any amendments you like um ask any questions and make sure that that proposed order is in line with what your decision was after hearing all the evidence in both those cases if they are acceptable to you you can go through each of them and make a motion to approve the written decision um if you have amendments to or proposed edits to the proposed order you can also make a motion to approve your proposed orders with the Amendments um or proposed edits that you address in your discussion so so typically like on the on the appeal so on the findings of fact um all of the items that were listed were listed by exhibit that were presented into evidence during the

meeting so if you agree that those are findings of fact and if you accepted those as a um if someone even wanted to make a motion uh would that be okay would you try if if someone made a motion to accept the uh exhibits as findings effect as listed in the in the draft for exhibit 13 exhibit 14 and exhibit 15 I I mean I think it's fine I don't think it it's necessary for you to make a motion to adopt the findings of fact and separately the findings or conclusions of law um and then the document itself I believe at the hearing you all made certain findings of fact established a record if you recall call and so this is just the written decision memorializing what your findings were at those hearings and then what your conclusion was because the ordinance requires you to put it in writing so at this point I think you're welcome to do that but I think the better course of action would be to make suggested edits to the proposed order if you have them um and then make a motion to approve or um approve it or approve it with the additions you all want this order should reflect what happened at the hearing what your understanding of the findings of fact were and should reflect what appropriately what your decision was for those two matters after review I I would make a motion then to uh accept the decision for appeal application aa2400 03 uh with a finding that uh upheld the denial of the fense

permit I second just to be clear just to be clear is the motion to um approve the written decision draft decision as presented and adopt that decision that is correct thank you I second I I would okay I would recommend that you call the RO Mr stair yes Miss kazlowski yes Mr Malcolm yes Miss moud yes M Meyer yes motion passes unanimously next order of business is oh thank you next order of business is v4- 00 001 okay and this is going to be the same thing sorry I was reading off the wrong one that for the appeal one up I was talking about the appeal so on the variant um was a variance application from uh Ted Scott uh that you heard at the last meeting and so this is the same uh same scenario this is a draft order in way of a decision for your consideration is there any discussion

since I presided uh at that one I would not make the motion for the acceptance is that correct or does it matter I think to be safe since you were the presiding officer of the board that you would not be that no you should not make the motion I make a motion to accept the the denial of a variance for the application for number v24 d00 0000001 I second clear and just to be clear the just to be clear the motion is to the proposed draft order in its entirety for that decision correct thank you cler call the role please miss Meyer I miss McLoud yes Mr Malcolm I miss kazlowski I Mr stair yes okay next item is the organizational and um at this time I'd like to uh let you know that I would like to step down as chair I only have this month and next month and then I'll be resigning for while be off the board so um I would prefer to have a new chair and maybe a vice chair

um appointed or voted for at the at the last meeting you recall that there was a um there was an election of a vice chair in board member of Malcolm and so I believe with chair mccloud's resignation assuming it's accepted that he would step in as a chair the board could certainly determine if they want to keep him as chair or um if they wanted to hold new elections um but if he is moved in his chair then I do believe it would be appropriate to them um consider an election for a vice chair so that we have someone is back in so I guess to as mentioned then I should probably formally then accept the chair position would that be re the recommendation yeah accept the resignation and accept the okay appointment yeah yeah I mean I think uh the clerk has noted the acceptance of the resignation uh and with the acceptance of the resignation um I then taking over would accept uh the chair position moving forward uh with that said then I now take over and is there a uh motion for a vice chair position or should you want to table it and think about it for next meeting don't everybody jump I would say as a backup sorry I would say as a backup yes to have a vice in the event that you were tied up or something that way we could still hopefully still have a quorum and still proceed business as

usual okay is there a motion then currently for vice chair can I uh nominate Scott as the vice chair even though he's not here okay well I nominate Scott as Vice chair I second Scott since you were not here uh there has been a motion in a second um all those uh in favor any discussion on the motion other than the fact that he's not here no I think it's hearing no discussion uh all those in favor say I I any oppos no oppos with that uh Scott is now the vice chair thank you thank you so then moving on to the organization go ahead Mr tney please no I just sorry I wasn't on me okay then moving on to the organizational rules uh of procedure and Deb is this your part to give us a quick presentation on yeah just briefly we've had a uh we've had rules of procedure for quite some time um 2007 I I'd have to go back see how far they go back but um this is just an update based largely on uh once 60D but there was also uh Robert's Rules of Order that came a new addition that came out I think in 2020 2021 um so this is an update and the planning board I believe has already adopted their update uh their updated rules of procedure and so hope has everyone had a

chance to read through them take a look at them okay so if you if you don't have any questions or if the attorneys don't have any comment uh if you wanted to go ahead and adopt them then we could get that taken care of and in the back where has uh Hannah M Cloud we just uh we could update that and have Kip have it down for Kip signature and uh certification by the clerk to the board and I believe Miss Meer did have a question or a statement yeah I I actually um I can't remember exactly which rule it was but we had that we wanted to vote it listed in the affirmative or in the in the negative and I just want to make sure that we I had yeah I had the thanks bring that up I had that highlighted in the planning boards it was the same one I done rule 29 is it rule 29 yeah so well there's for the uh for the town attorney um the unex the unexcused failure to vote by a member who is physically present in the meeting room or who that a vote say again that isn't a vote that is a vote in the affirmative in the are physically present but notused from the vote that is a v in the affirmative all right so I'll make that correction clean it up and then uh and then I have one other yeah yes um in Rule 21 it says um a second is not required oh yep and I don't know this is my personal feeling is that AEM motion dies if there's no second so so it doesn't move on and without a second you don't

know if there's enough I mean we could save ourselves some time if we keep the second to keep having a second as in a motion and you're used to doing it as well right so we can I'll be glad to make that change of that's the pleasure of the board should we is this a document that's going to require us to make a motion on this any uh changes or modifications or do we uh direct Miss Hill to make those modifications and then present them again at the next meeting if if you you're asking me to change Rule 21 where a second uh second is required and where the vote is in the affirmative I'll make those changes prepare them for your your signature in the clerk certification that's assuming everybody's for answer to answer your question I believe if it's the board's pleasure you can make a motion to approve the organizational rules as presented with the stated edits of changing Rule 21 and changing the V to the affirmative okay is there any further discussion then I move that we accept the rules with the [Music] modifications there is a motion do I have a second second now having a motion and a second uh with the two amendments to the procedural rules for the zoning Board of adjustment do should we do a roll call Vote or can we just do I think this is just simply all those in favor say I I I any

opposed hearing none Deb thank you so much before the board adjourns um I would like to S the opportunity to introduce you to um attorney Beth valeris which I believe you're last name is mcil now is that right um yeah but my professional name I still do work under feris yeah um Miss valeris is an attorney in Jacksonville um who does civil litigation and local government work the board of alderman approved a um Legal Services agreement with her to represent the board of adjustment to represent you all when we have administrative appeals um and so I wanted to have the opportunity to introduce you um it the at your next administrative appeal hearing she will be there present um to advise you on the relevant legal issues well welcome I suppose are in order and we look forward to working with you we appreciate uh you helping us and guiding Us in future endeavors thank you very much any other things that you'd like to address us or by way of uh resume or anything like that oh oh sure I mean you can ask me anything um I currently am the town attorney for the town of mville I've been there for almost 20 years I think um I also served as Vice chairman of thean zoning board way back in early 2000s for about six years and um in representing the town of maille of course um we don't have a separate zoning board so the Board of Commissioners it's as the board of adjustment at times too so we have to kind of switch hat in the middle of meeting and we have zoning appeal things of that nature yeah but I don't want to show my age but I've been in practice almost 35 years now yeah excellent well thank you

very much again for uh helping us out and we look forward to work with you sure thank you very much guys seeing no other items on the agenda is there a motion to adjourn I so move I have a motion is there a second I second all those in favor say I I I no opposed we are here by jurn at 623