The last time the Truth or Consequences Planning and Zoning Commission met was Oct. 1, 2013. There was a mass resignation of board members shortly after that, which was months in the making, as gleaned from meeting minutes.
The board worked five months on amendments to the sign code, which were not considered by the City Commission, although then-City Commissioner Mike Kertesz had requested the overhaul.
In addition, recommendations to disallow illegal signs and other enforcement of the zoning code were overridden by the City Commission.
Two incidents in particular caused the board to resign en masse. The original illegal permit for a billboard on S. Broadway for Los Arcos was withheld; leading the board to mistakenly approve its renewal after it was damaged. When the P&Z obtained the illegal permit and advised the sign not be allowed, the City Commission ignored the law and approved the sign. In addition, the P&Z was excluded from the City’s self-permitting of the solid waste transfer station, which violated zoning codes.
The hardworking P&Z stirred up too much contention and the City Commission opted to let it die, despite local laws requiring a five-member board remain active as a check-and-balance on the City Commission in making and enforcing land law.
The local law also gives the P&Z final-decision-making authority over home-occupation permits and conditional-use permits, which have been handled by the City Commission for six years illegally. All other zoning-law issues go to the City Commission for final approval.
None of this was mentioned at the City Commission Nov. 13 meeting. Instead, City Manager Morris Madrid said city staff was recommending the Planning and Zoning Commission be changed from five to three members, because it was difficult to find volunteers for the Planning and Zoning Commission.
According to documents under Advisory Boards on the City’s website, no other board operates with three members and most have been in operation for years. It is therefore unlikely lack of volunteers has led the P&Z to be moribund for over six years, as Madrid and City Commissioner George Szigeti claimed at the Nov. 13 meeting.
The ordinance to reduce the board’s membership from five to three members amends city code Chapter 16, section 11-2-2, parts D and F. Part D, simply strikes out “five” and substitutes “three.” Part F states a simple majority vote of a quorum is necessary to approve a measure. The City Commission agreed the three-person board cannot convene unless all three members are present, making the question of a quorum moot.
The proposed ordinance missed the City’s Article IV law, “Boards and Commissions,” which also states the Planning & Zoning Commission will have five members.
City Attorney Jay Rubin will bring back a second draft of the amending ordinance, which will eventually go to a public hearing.