Code 18.30.060 appeals to the borough assembly.
If the borough assembly chooses to hear the decision, it may choose to rehear the entire decision or any portion thereof, it shall give public notice, conduct a public hearing and make its decision at the next regular scheduled meeting.
In a rehearing the burden of proof shall be on the party challenging the decision of the commission.
On Nov. 28, the borough assembly meeting did not make a decision on an appeal regarding a planning commission decision to grant a conditional use permit to Southeast Road Builders for a project on Lutak Road. There were five assembly members present. The party challenging the decision of the commission asked the assembly to postpone the commission because they did not have a stacked deck.
The code is clear: conduct a public hearing and make a decision at the next regular scheduled meeting. They did not make a decision. Apparently, the borough attorney’s opinion was that they could stall the appeal.
I do not think the borough administration or the attorney are allowed to bend the codes.
I do not see a place in the code or the charter for this to happen. Therefore, I think this appeal at the next assembly meeting on Dec. 12 is illegal.
Don Turner Jr.