The Dolores Town Board and Planning and Zoning board got a lesson in the function of government entities from town attorney Mike Green during the February workshop.<\/p>\n
Both boards have legislative and quasi-judicial roles, he said, so board members need to be careful to ensure a fair process.<\/p>\n
Planning board members should refrain from investigating proposed projects on their own, Green said.<\/p>\n
\u201cYou should be only reviewing information and evidence provided to you by town staff, the applicant and the public at a public hearing,\u201d he said. \u201cIf you investigate on your own, you may have to recuse yourself from making the decision.\u201d<\/p>\n
Additional questions on specifics about projects should be directed to town staff, who investigate a project\u2019s validity and compliance.<\/p>\n
If a site visit is needed by the board, it should have specific scope, be organized with town staff and involve the whole board and applicant.<\/p>\n
Also, when the town board is acting as a judicial entity, such as for approving liquor licenses, it should also only consider what is presented by town staff and the applicant.<\/p>\n
It is important to follow the correct process because quasi-judicial decisions by the boards can be appealed, Green said, or end up in court.<\/p>\n
\u201cThat takes time, creates problems and could be the first step in a lawsuit where the town could be liable,\u201d Green said.<\/p>\n
Board members wondered if they could accept documentation from members of the public during a public hearing. Green said they could and the relevant information would become part of the public record.<\/p>\n
\u201cWhat if we have prior knowledge that something submitted is not true?\u201d asked a boardmember.<\/p>\n
\u201cWhat you think you know as fact may not be the case, and town staff would need to verify and double check the facts,\u201d Green said.<\/p>\n
Pre-application processes required under the Land Use Code also be followed more closely, he said, in order to ensure the applicant is moving in the appropriate direction.<\/p>\n
Also, incomplete or questionable applications will be returned to the applicant, and will not be submitted to the town board or planning and zoning board until they are complete.<\/p>\n
\u201cWe\u2019re going to get more strict in following the process of land use code and the proper flow chart,\u201d Green said. \u201cIt will make it a better process for both boards, the public and the applicant.\u201d<\/p>\n
Board members said it\u2019s a small town, and people want to talk to them about issues.<\/p>\n
But Green said the boards must be careful what they discuss with people if it is about a quasi-judicial decision relating to such things as the land-use code, building codes, zoning or a liquor license that the board member will be making a decision on in the future.<\/p>\n
\u201cIt is not easy or comfortable, but you may have to walk away from that conversation,\u201d he said.<\/p>\n