HomeMy WebLinkAboutEx 1 ARB 6 13 19 April MinutesDBozeman Parking CommissionADMINISTRATIVE REVIEW BOARD(DRAFT) Minutes - April 26,2079 - 9:00 AMEd Meece (Parking Program Manager) opened the meeting at 9 am. Pam Bryan, Jim Ness, Mark Egge, TimCooper, and Brit Fontinot were present.Mr. Meece reviewed the sections of the Bozeman Municipal Code that are related to the operation of theAdministrative Review Board (ARB). Mr. Meece advised the ARB members that he will be preparing binderfor each of them, however, due to other work requiremelrts, those binders are not available fordistribution today. The binders will include a fullcopy of the'Parking'sections of the Bozeman MunicipalCode, blank copies of all ARB related forms, a copy of the ARB's'Rules of Procedure', and other helpfuldocuments.The ARB reviewed and discussed the'Rules of Procedure'drafted by Mr. Cooper (City Attorney's Office)and Mr. Meece.Mr. Ness asked if the ARB discussion has to be public. Mr. Cooper stated that the ARB's discussion shouldbe public, and the Rules of Procedure need to be amended to state as much.Mr. Egge asked if an ARB decision must be unanimous, or is a simple majority sufficient? Also, is a quorumof the ARB two or three members? Mr. Cooper stated that at least two members must vote together toreach a decision. Allthree members of the ARB are required to have a qtlorum.Mr. Ness asked for an explanation of how the process works, when an appealgoes to Municipal Court'Mr. Cooper explained the history of parking citation appeals in Bozeman, as well as the recent objectionsof the Municipal Courtto how parking appeals are being processed to their jurisdiction.Mr. Cooper explainecJ that the new system, including the ARB, is a 'hybrid' of criminal and civil violations.At this poínt, if an ARB decision is appealed to Municipal Court the judge will be limited to questions offact or law, no new evidence can be introduced. Likewise, unlike the previous system, the City Attorney'sOffice will represent the City at Municipal Court (not Parking staff).The ARB reviewed the Notice of Hearing, ARB Application, and ARB Administrative Summary documents,and suggested several modifications:NoticeoAdd language, "Applicant shoulcJ be bring copies sufficient forthe ARB nrembers (3) andstaff re presentatlves (3 )".a
Adm inistrative Summary:o Relocate decision and signature items to bottom of the page.o Add language that notes a copy of the signed form was provided to applicant.Rules:o Mr. Cooper will draft sample language for the Chair to use in leading the hearing and forstating the ARB's decision to affirm/overturn a parking citation appeal.o Add language stating regular days/times of ARB meetings.o Clarify quorum and simple majority items.o Clarify that there will not be public comment during appeal hearings.Mr. Meece moved the discussion to ltem #4 on the agenda 'Resolution of any remaining administrativeissues'. Mr. Meece noted that the ARB needs to appoint a Chair to lead the meeting, and perform otherduties outlined in the MunicipalCode. The ARB discussed the best possible appointment, considering Mrs.Bryan's pending separation from the Bozeman Parking Commission. Mr. Ness made a motion to appointMark Egge as Chair of the ARB (Bryan - 2no). Mr. Meece called for a vote. Mr. Egge was unanimouslyelected as Chair of the ARB.The ARB discussed potentialdates and times for future meetings, and decided by unanimous vote (Ness,Egge 2^d):o Special Meeting- May 24,201.9, at 9:30 am. 1st Regular Meeting - June 13,20]9 at 9:30 amo The Second Thursday of every month, 9:30 am, City Hall, every month thereafterMr. Cooper gave a brief overview of how an ARB hearing should proceed, He also stated that the ParkingEnforcement Officer that issued the citation in question should present the city's evidence; not the PPM.There was some discussion among those present about the PPM's role in ARB meetings, once the ARB hasbeen established and is running well.Mr. Meece stated that the 'first order of business'at the ARB's special meeting on May 24th, will be toapprove the Rules of Procedure and all ARB-related forms.Adjourned - 10:20 amaa