Release from the office of Columbia Mayor Pamela Hoots
On Wednesday, October 9, 2019 Columbia City Hall received several questions in reference to the vote at Monday night’s City Council meeting concerning the planning and zoning recommendation on Burkesville Street. This was on property owned by Dustin Brockman. There was a tie vote on the Planning and Zoning Commission’s recommendation; with the Mayor breaking the tie, allowing the zone change to be made from residential to commercial.
Questions relative to whether the Mayor could break a tie vote on a Planning and Zoning Commission recommendation were then raised by a few individuals. Columbia City Attorney Derrick Helm has responded with the following memorandum to the Mayor:
Dear Mayor:
Upon your request regarding the Columbia City Council’s vote on the recommendation of the Planning and Zoning Board, I have the following response:
KRS 83A.130(5) allows a Mayor to cast a vote on a measure before the city council when a tie among the body exists. However, the Kentucky Court of Appeals has modified that principal by stating that a mayor is not considered a member of the legislative body as defined by KRS Chapter 100 and may not vote on recommendations of the Planning and Zoning Board. Chandler, et al v. Bullitt County Joint Planning Commission, 125 S.W. 3d 851 (Ky. App. 2002).
Therefore, the vote on the recommendation of the Planning and Zoning Board regarding a proposal by Dustin Brockman on October 7, 2019 was a tie of the full legislative body and the recommendation of the Planning and Zoning Board shall be considered affirmed.
Derrick G. Helm
