"Virtual" Planning Commision Meeting Questioned

Fairhope, Alabama

SOCIAL DISTANCING REQUIREMENTS THE PROBLEM

In light of a lengthy agenda (at bottom) with numerous public hearings, some citizens are questioning how what has been described as a "virtual" planning commission meeting will work tomorrow. (Watch it on city's You-tube channel (possibly audio only)- click)

Current social distancing policy limits groups/gatherings to 10, and there are nine planning commission members; three or four staff members are usually present as well. (The lobby outside of he council chamber may be utilized as well.)

Eleven items are on the agenda, including the controversial Watershed West at the golf course off of Twin Beech Road.

The April Planning commission meeting was canceled ... and On April 13, the city council postponed all public hearings until further notice, due to the coronavirus state emergency (social distancing limitations), but gave the go ahead for the public hearings in certain circumstances for "essential minimum functions" only during the last council meeting (April 27).

(There may be financial/legal deadlines for pending projects, according to sources.)

New resolution allowing some public hearings.

TO BE LIVE STREAMED?

Council president Burrell says he understands the meeting will be live streamed for the general public ... and cited new guidance that recently came out for conducting public hearings/meetings in the emergency.


Burrell: "I understand it will be live-streamed, will have public hearing or hearings, and all will be able to hear each other.  I know the P & Z had many lengthy discussions with staff and legal council about the proper way to handle this, and other hearings, and they believe this is the necessary course of action, and complies with all existing State orders.

I am most certain those interested prefer a meeting in which the public hearing could be attended in person by everyone.  Doing so now would entail a very large number of people, thus would then violate the social distancing orders.  Obviously, a large gathering of people speaking with one voice can be more impactful than participating from afar.  I would much rather prefer the hearings be attended in person.

It was not long after the Council passed a resolution postponing public hearings (April 13) that new guidance was given regarding public hearings.  Keep in mind this all relates to public hearings which are often times one’s right , and not public participation, which is not guaranteed by right, but is recommended.

Here is some more language to consider when determining what defined “minimum essential functions”.  

“Questions to ask include “Is this action needed to keep the entity’s services or operations ongoing?” and “If this action is not taken, is there a reasonable likelihood that the entity or those its serves suffer prejudice, harm, or failure to meet an existing obligation?”.  If the answers to these questions are yes, then it is reasonable that the action constitutes an “essential minimum function”. It is advisable that the entity reflect those findings in its minutes. Because the phrase “essential minimum functions” is not defined, the entity should exercise caution and seek legal counsel where it is not clear."

As of his writing, we have not heard back from the mayor about this.  Check back for updates.