Minutes of the Centerville City Joint Planning Commission/Board of Adjustment work session held Wednesday, August 13, 2008 at 6:30 p.m. in the Centerville City Council Chambers, 250 North Main Street, Centerville, Utah.

MEMBERS PRESENT

Planning Commission: Jason Nichols
                                           Tamilyn Fillmore

Board of Adjustment:  John Eriksson, Chairman
                                        Peter Lassig II
                                        Jason Hunter

MEMBERS ABSENT
Lee Duncan, Planning Commission
Steven Markham, Planning Commission
Jim Palmer, Planning Commission
Jim Pedersen, Planning Commission
Rebecca Wayment, Planning Commission
Susan Brown, Board of Adjustment
Cory Evans, Board of Adjustment

STAFF PRESENT
Cory Snyder, Community Development Director
Brandon Toponce, Assistant Planner
Lisa Romney, City Attorney
Kathy Streadbeck, Recording Secretary  

OPEN MEETINGS ACT

Lisa Romney, City Attorney, provided training on the open meetings act. As of 2006 the Legislature decided annual training would be appropriate. There are two guiding principles in the Act: 1) The state and all of its agencies and political subdivisions exist to aid in the conduct of the peoples business; and 2) All public bodies shall take their actions openly and conduct their deliberations openly. This means all business/meetings of a public body shall be open to the public unless closed for reasons specified by law.

Ms. Romney discussed the definition of a “meeting.” A meeting is the convening of a public body with a quorum present for the purpose of discussing, receiving comments, informing the public, or acting upon a matter over which the public body has jurisdiction or advisory power. A meeting also includes work sessions and site visits. Ms. Romney explained that anytime a quorum is going to be present then it must be noticed as a public meeting. This does not include a chance meeting or social meeting where public matters are not being discussed.

In response to questions, Ms. Romney discussed the appropriateness of speaking with citizens and/or applicants about public matters. She said if there is ever an individual that would like to speak about a pending application it is best to decline speaking with that individual. The individual could be referred to staff or encouraged to bring questions or information before the public body so everyone has access to the information and the opportunity to make an informed decision. Ms. Romney said if an individual would like to discuss a matter that does not have a pending application that may be appropriate, but public officials should be careful not to be lobbied. If an individual has important information then everyone should have access to that information. She said once an individual accepts a position on a public board or commission they should be cautious in spearheading issues. Public bodies need to stay objective and make decisions that are in the best interest of the whole community, not just in the interest of a neighborhood or area.

Ms. Romney discussed emails. She said emails between a majority of a body could possibly be construed as a meeting. She said the Open Meetings Act does not discuss emails, but she cautioned against using emails to discuss matters.

Cory Snyder, Community Development Director, said generally he does not discuss applications at length with any member of a public body prior to the meeting on that matter. He said this practice could be construed as lobbying for staff’s position on a matter. He said he would rather bring staff’s position to the body at the public meeting where they are free to make their own decisions based on all the information; staff’s, the applicant’s, and the public’s.

Ms. Romney said all discussions, deliberations and decisions should be in the open and part of the public record. She explained that the public record is referred to time and again on some matters and it is helpful to understand the process of how a decision is made.

The meeting was adjourned at 7:05 p.m.