BOA Handbook.pdf

Report 0 Downloads 27 Views

at least seven (7) calendar days before the first meeting held pursuant to the .... Variance applications require a concurring vote of a four-fifths majority, or four (4).

Town of Morrisville

Board of Adjustment Handbook February 13, 2019

Table of Contents I.

INTRODUCTION....................................................................................................... 1

II.

ESTABLISHMENT AND AUTHORITY................................................................. 1 ESTABLISHMENT. ........................................................................................................... 1 POWERS AND DUTIES. .................................................................................................... 1 1. Review of Development Applications.........................................................................1 2. Other Powers and Duties. ..........................................................................................1

III.

MEMBERSHIP ........................................................................................................... 1 APPOINTMENTS. ............................................................................................................. 1 TERMS. .......................................................................................................................... 2 VACANCIES. ................................................................................................................... 2 RESIGNATIONS. .............................................................................................................. 2 QUORUM. ....................................................................................................................... 2

IV.

OFFICERS .................................................................................................................. 3 OFFICER APPOINTMENTS. .............................................................................................. 3 DUTIES. .......................................................................................................................... 3 VACANCIES. ................................................................................................................... 3

V.

STAFF .......................................................................................................................... 3 PLANNING DIRECTOR DUTIES. ....................................................................................... 3 GENERAL SUPPORT. ....................................................................................................... 3 TOWN ATTORNEY. ......................................................................................................... 4

VI.

MEETINGS ................................................................................................................. 4 MEETINGS SCHEDULE. ................................................................................................... 4 MEETING NOTICE........................................................................................................... 4 MEETING RECORD. ........................................................................................................ 5

VII.

RULES OF PROCEDURE ........................................................................................ 5 AGENDA PREPARATION. ................................................................................................ 5 1. Board Meeting. ..........................................................................................................5 2. Work Session. .............................................................................................................5 AGENDA ORDER. ........................................................................................................... 6 1. Board Meetings. .........................................................................................................6 2. Work Sessions. ...........................................................................................................6 CONSIDERATION OF SCHEDULED ITEMS. ........................................................................ 7 1. Board Meeting. ..........................................................................................................7 2. Work Sessions. ...........................................................................................................7

VIII.

TYPES OF APPLICATIONS ................................................................................ 8 VARIANCE...................................................................................................................... 8 ADMINISTRATIVE APPEAL. ............................................................................................ 9

Board of Adjustment Handbook

Page i

IX.

PUBLIC PARTICIPATION ...................................................................................... 9 TYPES OF PARTICIPATION ............................................................................................ 10 1. Applicant Testimony.................................................................................................10 Parties with Legal Standing Testimony. ................................................................. 10 Non-Party Witnesses Testimony. ............................................................................. 10 PROCEDURE ................................................................................................................. 10 1. Register to Speak......................................................................................................10 2. Swearing in of Parties and Witnesses. .....................................................................11 3. Testimony. ................................................................................................................11 4. Cross Examination. ..................................................................................................11 5. Rebuttal. ...................................................................................................................11 6. Continuations. ..........................................................................................................11

X.

MANNER OF ACTING ........................................................................................... 12 MOTIONS. .................................................................................................................... 12 1. Main Motion.............................................................................................................12 2. Motion to Amend. .....................................................................................................12 3. Substitute Motion. ....................................................................................................12 4. Motion to Table or Continue....................................................................................12 VOTING. ....................................................................................................................... 13 1. Voice Vote. ...............................................................................................................13 2. Roll Call Vote...........................................................................................................13 3. Abstention. ...............................................................................................................14

XI.

OPEN MEETINGS LAW ........................................................................................ 14 BROADCASTING OR RECORDING OF MEETINGS. ........................................................... 14 CLOSED SESSION.......................................................................................................... 14 EMAILS. ....................................................................................................................... 14

XII.

GENERAL CONDUCT............................................................................................ 15 ATTENDANCE. .............................................................................................................. 15 CONDUCT. .................................................................................................................... 15 CONFLICT OF INTEREST. ............................................................................................... 15 PUBLIC REPRESENTATION & EX PARTE COMMUNICATION. ......................................... 16

Board of Adjustment Handbook

Page ii

I. INTRODUCTION Members of the Morrisville Board of Adjustment have been entrusted to review variance and administrative appeal applications subject to quasi-judicial hearings and to make final decisions on these applications. This handbook provides an overview of the roles and responsibilities of the Board of Adjustment and has been prepared to assist members in fulfilling the important duties of their position. In compiling this handbook, information was taken from multiple sources including the State of North Carolina General Statutes, the Town’s Appointed Public Bodies Administrative Policy, and Morrisville’s Unified Development Ordinance (UDO). In the event of a conflict between this handbook and any official state or local law or policy, the subject law or policy shall prevail. In the event a law and policy conflict, the law shall prevail. II. ESTABLISHMENT AND AUTHORITY Establishment. The Morrisville Board of Adjustment exercises authority under North Carolina General Statutes and the Town of Morrisville UDO and is governed by these statutes and ordinances as adopted and amended by law. Powers and Duties. In accordance with Section 2.2.2.B of the Town of Morrisville UDO, the Board of Adjustment has been granted the following powers and duties. Review of Development Applications. The Board of Adjustment is responsible for reviewing and making final decisions on those requests identified in Table 2.3, Summary Table of Development Review Procedures, of the UDO. Other Powers and Duties. The Board of Adjustment shall have any other powers and duties delegated to it by the Town Council, consistent with state law. III.

MEMBERSHIP

Appointments. 1. The Board of Adjustment shall consist of five (5) regular members and two (2) alternates. 2. Four (4) of the regular members shall be residents of the Town’s incorporated area and shall be appointed by the Town Council. Board of Adjustment Handbook

Page 1

3. One (1) regular member shall be a resident from within the Town’s extraterritorial jurisdiction (ETJ) and shall be appointed by the Wake County Board of Commissioners. The ETJ member shall have equal rights, privileges and duties as all other members of the Board of Adjustment. If no applications are received for the ETJ position, the Wake County Board of Commissioners may allow the Town Council to appoint a resident within the Town’s incorporated area to fill the position. 4. The two (2) alternate members shall be residents of either the Town’s incorporated area or its ETJ and shall be appointed by the Town Council. The Chair of the Board of Adjustment shall assign alternate members, generally on a rotating basis, to serve as substitutes for regular members who are temporarily absent or disqualified. When substituting for a regular member, an alternate member shall have the same powers and duties as a regular member. Alternate members can vote only when standing in for a regular member but may otherwise participate in meetings in the same manner as a regular member. Terms. 1. Members and alternates shall be appointed for three (3) year terms that are staggered such that the terms of not more than three (3) regular members and two (2) alternate members expire in a given year. Board members may be appointed to successive terms without limitation. 2. Board members shall continue to serve until their successors are appointed. Vacancies. Vacancies occurring for reasons other than expiration of the term shall be filled for the period of the unexpired term only, and by the body (Town Council or Wake County Board of Commissioners) that appointed the vacating member. Resignations. Board members who wish to resign their position shall notify the Planning Director in writing, who shall then forward the notification to the Town Clerk. Quorum. Four (4) members, regular or alternate, of the Board shall constitute a quorum. The presiding Chair is counted in determining whether a quorum is present. In the absence of a quorum, the Board shall not conduct any business.

Board of Adjustment Handbook

Page 2

IV.

OFFICERS

Officer Appointments. The Board of Adjustment shall recommend one of its members to serve as its Chair and another as its Vice-Chair. The Town Council shall consider the recommendation of the Board and appoint the Chair and Vice-Chair, each to serve a one-year term. Officers may be appointed to successive terms without limitation per the UDO. The recommendation of a Chair and Vice-Chair by the Board of Adjustment for the ensuing calendar year shall take place prior to the end of each year, or during the next closest regularly scheduled meeting. In the event a selection cannot be held, staff shall convene the next meeting and proceed with conducting the selection of officers. Duties. It shall be the duty of the Chair to preside over all meetings and to sign all official papers. The Vice-Chair shall preside over Board meetings in absence of the Chair. If both the Chair and Vice-Chair are absent, the Board shall vote to determine who shall serve as acting Chair for the meeting. Vacancies. Whenever the Chair or Vice-Chair term is vacated due to resignation, dismissal, death, or otherwise, a new Chair and Vice-Chair shall be selected by the Board without undue delay. In the event both offices are vacated, staff shall convene the meeting and proceed with conducting the selection of officers. V. STAFF Planning Director Duties. The Planning Director, or their designee, shall serve as the official professional staff for the Board of Adjustment and as the Board’s secretary, providing it administrative support, notifying members of Board meetings, and keeping the minutes of meetings. General Support. Planning Department staff shall be available as a resource to advise Board members and assist them in fulfilling their duties. To ensure that the Board has the information it needs to fulfill its duties, members are encouraged to contact the Planning Department with any questions.

Board of Adjustment Handbook

Page 3

Town Attorney. The Attorney for the Town may be consulted on legal issues through the Planning Director’s office. The Attorney will attend meetings of the Board if requested by the Planning Director or Town Manager. VI.

MEETINGS

Meetings Schedule. The Board of Adjustment shall adopt an annual schedule of regular meetings prior to the end of each calendar year or as soon thereafter as a quorum is established. A copy of the schedule shall be kept on file with the Town Clerk. The Chair may cancel a regular meeting on determining that there are no agenda items for consideration, and may call a special or emergency meeting in accordance with state law. Regular meetings are currently scheduled on the second Wednesday of each month at 6:30 p.m. in the Council Chambers of Morrisville Town Hall, 100 Town Hall Drive, Morrisville, North Carolina. Meetings shall adjourn no later than 11:00 pm unless extended by a two-thirds vote. Meeting Notice. All Board of Adjustment meetings shall be open to the public in accordance with state law and shall be noticed for as follows: 1. Changes to the regular meeting schedule shall be filed with the Town Clerk at least seven (7) calendar days before the first meeting held pursuant to the revised schedule. 2. Notice of a special meeting and the business to be conducted thereat shall be given to each member of the Board at least 48 hours prior to the meeting. 3. Public hearings for Variance & Administrative Appeal requests shall be noticed to the public as set forth in Table 2.4.5.B.1 of the UDO. 4. When there is no business for the Board, the Chair may dispense with a regular meeting by giving notice to all members and the Planning Director not less than 72 hours prior to the time scheduled for the meeting. 5. The Board may continue a meeting to a specified date and time without the meeting becoming a special meeting and without further notice being required to members of the public provided that the time and place in which the next meeting is to be continued is announced in open session. The Board may, at its discretion, interrupt the hearing and continue it to another meeting. Reasons for doing so may include the lateness of the hour or to allow consideration of other items on the agenda. Board of Adjustment Handbook

Page 4

Meeting Record. The Board of Adjustment shall keep a record of its members' attendance, discussions, findings, and decision. Meeting minutes shall be a public record in accordance with state law. VII.

RULES OF PROCEDURE

The Board of Adjustment has established Rules of Procedure in accordance with the authority granted to it by the UDO. Modifications to the following Rules of Procedure may be approved by a majority vote of those Board members present at a meeting and must be consistent with state and local law. Agenda Preparation. Board Meeting. The business of a Board meeting is controlled by the agenda. The agenda is prepared as described in this section. a. The Planning Department prepares the agenda. b. Items may be placed on the agenda by the following method: i. Request of the Board of Adjustment Chair or a majority of Town Council, ii. Request of the Town Manager, Planning Director or Town Attorney, or iii. Request of a majority of the regular Board of Adjustment Board members. Board of Adjustment agendas are published five (5) days prior to the meeting on the Town’s website. Copies of the agenda are provided in sufficient quantity at each regular meeting for the public to obtain copies. In the event that any confidential material is distributed with the agenda, such as a memorandum from the Town Attorney advising the Board on a legal issue, such information shall be marked as confidential. Board members shall not discuss any confidential material at any open meeting or with any members of the public. Work Session. The agenda preparation adheres to the same procedures as the Board meeting above.

Board of Adjustment Handbook

Page 5

Agenda Order. 1. Board Meetings. The agenda shall be set in the following order. The Board of Adjustment Chair may, at their discretion, alter the order of the agenda at the meeting. a. Call to Order. b. Invocation. c. Adoption of Agenda. d. Approval of Minutes. e. Presentations. f. Old Business with Public Hearing. g. Old Business. h. New Business with Public Hearing. i. New Business. j. Staff Comments. k. Board Comments. l. Upcoming Term Expirations. m. Upcoming Events. n. Adjournment. 2. Work Sessions. The agenda shall be set in the following order. The Board of Adjustment Chair may, at their discretion, alter the order of the agenda at the meeting. No public comment sessions shall occur at a work session. a. Call to Order. b. Adoption of Agenda. c. Work Session. d. Adjournment.

Board of Adjustment Handbook

Page 6

Consideration of Scheduled Items. Board Meeting. In order to ensure full consideration of matters requiring action before the Board, presentations related to each item shall customarily be taken in the order set forth below. Items may be taken out of order at the discretion of the Chair. a. Public Hearing Opened. b. Staff, Applicant, and Applicant Witnesses Sworn In. c. Town Staff Presentation. d. Applicant Presentation. e. Examination of Applicant and their Witnesses. f. Public Comment and Presentation from Those with Standing (Each member of the Public to be Sworn in Before Speaking). g. Examination of Public Speakers. h. Other Parties Rebuttal. i. Cross Examination of Witnesses. j. Public Hearing Closed. k. Board of Adjustment Deliberation. l. Motion and Decision by the Board of Adjustment. Work Sessions. The purpose of work sessions is to allow the Board to take a deep dive into a single matter under consideration, and does not include opportunities for public comment. Work session matters shall customarily be discussed in the order set forth below. The discussion may be taken out of order at the discretion of the Chair. a. Town staff and/or consultant presentation. b. Discussion by the Planning and Zoning Board.

Board of Adjustment Handbook

Page 7

VIII. TYPES OF APPLICATIONS All applications considered by the Board of Adjustment shall be conducted as quasi-judicial hearings. Quasi-judicial hearings adjudicate how the UDO applies to particular situations based on an evidentiary record. The burden of proof shall be on the applicant. Quasi-judicial decisions shall be based upon competent, material, and substantial evidence in the record. Board members shall not have ex-parte communication, meaning that they shall not discuss the case outside of the hearing with staff, the applicant, residents, among themselves, or with any other person or group. If contact between Board members and parties occurs outside of the hearing it must be disclosed prior to the start of the hearing. Variance. A Variance is a mechanism that allows property owners to seek relief from the strict application of the UDO if it is determined that strict application causes an undue and unique hardship. If granted, a Variance allows for a property owner to develop their property in a manner that would otherwise not be allowed by the UDO. In reviewing a Variance, the Board receives evidence, decides the facts, and applies the facts to the standards in the UDO. Variance applications require a concurring vote of a four-fifths majority, or four (4) members, for approval. Section 2.5.16. of the UDO states that a Variance application shall be approved only if the Board reaches each of the following conclusions, based on findings of fact supported by competent, substantial, and material evidence presented at the hearing: 1. There are extraordinary and exceptional conditions (such as topographic conditions, narrowness, shallowness, or the shape of the parcel of land) pertaining to the particular land or structure for which the Variance is sought, that do not generally apply to other land or structures in the vicinity; 2. The extraordinary and exceptional conditions referred to above are not the result of the actions of the landowner; 3. Because of the extraordinary and exceptional conditions referred to above, the application of the UDO to the land or structure for which the Variance is sought would effectively prohibit or unreasonably restrict the utilization of the land or structure and result in unnecessary and undue hardship; 4. The Variance would not confer any special privilege on the landowner that is denied to other lands or structures that are similarly situated; 5. The extent of the Variance is the minimum necessary to allow a reasonable use of the land or structure; 6. The Variance is in harmony with the general purpose and intent of the UDO and preserves its spirit; Board of Adjustment Handbook

Page 8

7. The Variance would not adversely affect the health or safety of persons residing or working in the neighborhood, be injurious to property or improvements in the neighborhood, or otherwise be detrimental to the public welfare; and 8. The Variance is consistent with the Comprehensive Plan. The decision of the Board shall be one of the following: 1. Approve the application as submitted; 2. Approve the application subject to conditions needed to comply with the standards in Section 2.5.16; or 3. Deny the application. Administrative Appeal. An Administrative Appeal is an appeal by a party that believes they have been aggrieved by a decision, interpretation, or order made by the Planning Director, Town Engineer, or other Town administrative officer in administering or enforcing the provisions of the UDO. The Board shall review the appeal application and shall base its decision solely on the record established for the decision, interpretation, or order being appealed. The record consists of all documents, hearing records, and other materials related to the decision, interpretation, or order. The Board may modify or reverse a decision, interpretation, or order only if it finds that there is competent substantial evidence in the record of a clear and demonstrable error in the officer’s application of the standards of the UDO. Administrative Appeals require a simple majority, or the affirmative vote of three (3) members, for approval. The decision of the Board shall be one of the following: 1. Affirmation of the decision, interpretation, or order being appealed (in whole or in part); 2. Modification of the decision, interpretation, or order being appealed (in whole or in part); or 3. Reversal of the decision, interpretation, or order being appealed (in whole or part). IX.

PUBLIC PARTICIPATION

The Board of Adjustment believes in a fair hearing process for applicants and other parties with legal standing. Testimony by Parties and Non-party Witnesses is vital to the function of quasi-judicial hearings, and the Board encourages their input for fair representation, which enables a better decision-making process. All persons Board of Adjustment Handbook

Page 9

who will testify at the hearing shall be sworn in. The following forms of public participation are permitted at Board meetings: Types of Participation Applicant Testimony. A specific time during Board meetings during which the applicant can demonstrate how they believe their application complies with the standards of the UDO. Compliance must be demonstrated by competent, material, and substantial evidence. Expert witnesses may be produced by the applicant at this time. Parties with Legal Standing Testimony. A specific time during Board Meetings in which parties with legal standing, meaning those who could be specifically impacted by the Board’s decision due to proximity, property value impact, or other adverse effects, can demonstrate how they believe an application does, or does not, comply with the standards of the UDO. Compliance or non-compliance must be demonstrated by competent, material, and substantial evidence. Expert witnesses may be produced at this time. Parties with legal standing typically have a clearly defined interest in the outcome of the case and can include adjacent property owners, Homeowners Associations, or neighborhood groups. Non-Party Witnesses Testimony. A specific time shall be allotted during Board Meetings in which expert witnesses, who may or may not have legal standing, may testify to demonstrate how they believe that the application does or does not comply with the standards of the UDO. Non-party witnesses cannot produce expert witnesses. Procedure Register to Speak. Sign-in sheets will be available no later than 6:00 pm the day of the meeting, and are given to the Chair at the start of the meeting. If someone desires to speak, but has not signed-up, the Chair may, at their discretion, allow the person to speak.

Board of Adjustment Handbook

Page 10

Swearing in of Parties and Witnesses. All persons who testify at the hearing shall be sworn in. At the appropriate time, the Chair will call all those who plan to testify to be sworn in and testify. Testimony. At the appropriate time, the Chair will acknowledge those persons who have signed in and will call upon the applicant first. Other parties will be called in the order they have signed in and non-party witnesses will be called last. Speakers will address the Board as a whole, from the podium at the front of the room and begin their remarks by stating their name and address. Speakers should demonstrate how they believe the application does or does not comply with the applicable standards of the UDO. Compliance, or noncompliance, must be demonstrated by competent, material, and substantial evidence. Speakers may produce expert witnesses, as appropriate. Cross Examination. On being properly recognized by the Chair, the applicant, Town staff, or other parties may be granted an opportunity to ask questions of any other person who has testified at the hearing. Any such inquiry shall be limited to matters raised directly by the testimony or evidence being questioned. Generally speaking, the time spent cross examining a party should not exceed the length of that party’s testimony. Rebuttal. On being properly recognized by the Chair, the applicant, Town staff, or other parties may be granted an opportunity to rebut any testimony, comments, documents, or materials presented by any other person. Any such rebuttal shall be limited to matters raised directly by the testimony or evidence being rebutted. Non-party witnesses cannot speak again at the same meeting, unless specifically called upon by the Chair, the applicant, Town Staff, or other parties to rebut any testimony, comments, documents, or materials they presented. Generally speaking, the time spent rebutting any testimony should not exceed the length of that party’s testimony. Continuations. When the hearing is continued from a previous meeting, previous individuals cannot provide further testimony, unless other parties rebut any part of their testimony.

Board of Adjustment Handbook

Page 11

X. MANNER OF ACTING The act of a majority of the Board present at a meeting at which a quorum is present shall be the act of the Board of Adjustment unless the act of a greater number is required by law or by these By-Laws. Motions. The Board shall follow Robert’s Rules of Order in considering and acting on any business and shall act through the use of a motion. Motions may be made by any regular Board member, or alternate serving in the seat of a regular Board member, with the exception of the Chair. All motions require a second and are before the Board when stated by the Chair. Once a motion has been duly made, it is up for discussion and debate by the Board. Except by ruling of the Chair, discussion of an item shall be limited to members of the Board after a motion on the item has been made and seconded. A summary of four (4) of the most common types of motions is below. 1. Main Motion. A main motion is the original motion made on an item. After a motion has been made and seconded, the Chair shall recognize Board members desiring to discuss the matter under consideration and shall determine in which order Board members shall speak about the request. All members will be given an opportunity to discuss an item prior to a vote. 2. Motion to Amend. Once a motion has been seconded and is on the floor for consideration, any member may move to amend the motion. Motions to amend are typically made if a member wishes to add to, delete from or substitute language in the main motion. When a motion to amend has been duly made, seconded and stated by the Chair, it must then be voted upon. If the vote on the amendment passes, then a vote is taken on the amended motion. If the vote on the amendment fails, the un-amended main motion remains before the Board for action. 3. Substitute Motion. A substitute motion is a subsidiary motion, and may be made only when a main motion is pending. If approved, a substitute motion, disposes of and replaces the main motion. 4. Motion to Table or Continue. A motion to table or continue consideration of an item to a later meeting may be made by the Board. Generally, such motions are made if the Board needs additional time to hear testimony, an applicant has requested time to Board of Adjustment Handbook

Page 12

amend an application in response to feedback from the public or Board, or if additional time is needed to compile information requested by the Board that is relevant to the request. Motions to table or continue may be made on any item. When an item is subject to a public hearing, it must be continued rather than tabled. A motion to continue a public hearing must include the date, time and location of the meeting that the item will be considered at next or the public notice will lapse and a new notice must be published before the item can be taken back up by the Board. In making a motion to continue, the Board should be mindful that applicants have a right to due process and to have their request considered in a reasonable timeframe. If a motion to table or continue fails, then the item remains before the Board for further action. If adopted, the matter is tabled or continued under the terms of the motion and a motion to open and continue consideration of the item is required at the next meeting before the Board may consider the matter again. Voting. Provided a quorum has been established, the vote of a majority of those members present shall be sufficient to decide matters before the Board, such as the approval of meeting minutes, except when making final decisions on Variance applications. Variance applications require the concurring vote of four-fifths majority of the Board for approval. Members absent from a Variance hearing count towards the total number of Board members in calculating the four-fifths majority, however Board members with conflicts of interest will not be counted towards the total number. A simple majority vote shall decide Administrative Appeal cases. The vote of each member for all Variance and Administrative Appeal requests acted on by the Board shall be recorded in the minutes. A written final decision of the Board shall be signed by the chair and transmitted to the applicant by staff. 1. Voice Vote. Motions are typically made by a simultaneous voice vote of those in favor followed by a simultaneous voice vote of those opposed. In order to maintain an accurate voting record, members shall raise their hands when voting. 2. Roll Call Vote. A roll call vote shall be used when deciding quasi-judicial items and may be used when deciding other matters at the Chairman’s discretion. During a roll call vote, each member shall state their vote out loud upon being called on by the Secretary.

Board of Adjustment Handbook

Page 13

3. Abstention. Board members have a duty to consider items, however Board members shall abstain from voting on an item if the outcome of the matter is reasonably likely to have a direct, substantial and readily identifiable financial impact on the member or if a Board member has a close familial, business, or other associational relationship with an affected person. When an abstention is made in the case of an administrative appeal, a majority of members present, including the member abstaining, is still needed to decide an item. Members abstaining from voting on a variance do not count towards the total number of Board members. As a policy, Board members that need to abstain from consideration of an item due to a conflict of interest shall inform the Chair at least 48 hours in advance of the meeting so that an alternate member may sit in on and consider the item in their place. XI.

OPEN MEETINGS LAW

All meetings of the Board of Adjustment are open to the public and any member of the public may attend. Broadcasting or Recording of Meetings. Any radio or television station is entitled to broadcast all or any part of a meeting required to be open. Any person may photograph, film, tape-record, or otherwise reproduce any part of the meeting required to be open. Closed Session. The Board of Adjustment may go into closed session to discuss those items set forth in Section 143.318.11 of the State of North Carolina General Statutes (hereinafter “Open Meetings Law”). An example includes to consult with an attorney employed or retained by the Town on legal matters. The Board may only hold a closed session upon a motion duly made and adopted at an open meeting. Every motion to close a meeting shall cite one or more of the permissible purposes listed in the Open Meetings Law. Emails. The Board shall not conduct business outside of regularly scheduled or properly called special meetings and shall not have ex-parte communication. Email correspondence outside of a public meeting (i.e. questions/ comments/suggestions) should be directed to the Planning Director only and should not include other Board members. The Planning Director will respond to the entire Board if appropriate.

Board of Adjustment Handbook

Page 14

To avoid any conflict with the open meetings law, individual members should not “reply all” to staff emails that include the entire Board but should respond directly to staff. XII. GENERAL CONDUCT Attendance. Each regular member or alternate of the Board of Adjustment is responsible for faithfully attending all regular meetings. Any regular member or alternate who expects to be absent at a meeting shall notify the Planning Director, Chair, and Secretary to the Board at least 24 hours prior to the meeting. Members will be allowed the number of absences totaling one-third of the total number of meetings within a calendar year, unless the Board had only two or fewer meetings, in which case absences will not be considered for dismissal. For Board members appointed to represent the Town’s Extraterritorial Jurisdiction, the Wake County Board of Commissioners will be notified that the Board member has not maintained the standard for attendance and that the Town requires the member be replaced. The Town will forward a recommendation for a replacement along with this notification. The Secretary to the Board will retain an ongoing attendance record. Conduct. When participating in a meeting or conducting Town business (whether in person, via email or other communication methods), members shall conduct themselves in an ethical and professional manner. Any member who engages in inflammatory, hostile or threatening language or behavior toward others, including but not limited to elected officials, staff or another Board member, will be removed from the meeting. Any member who engages in the aforementioned behavior is also subject to dismissal from the Board. Conflict of Interest. A Board of Adjustment member shall not participate in the review of, or vote on, an application if the outcome of the matter is reasonably likely to have a direct, substantial and readily identifiable financial impact on the member or if a Board member has a close familial, business, or other associational relationship with an affected person. The member shall not sit with the Board during hearing, discussion, or vote on that item. However, such member may, as a private citizen, petition the Board regarding such an item, and present comments with other members of the public.

Board of Adjustment Handbook

Page 15

Public Representation & Ex Parte Communication. Only the Chairperson speaks officially for the Board. Board of Adjustment members should avoid ex parte communication on matters subject to an appeal or Variance application. State law prohibits communication between Board members and parties outside of the public hearing. If a Board member does communicate with a party outside of an official public hearing it shall be disclosed to both the Board, parties, and Town staff prior to the hearing. No member of the Town staff has any authority either direct or implied to speak for the Board or to bind it in any way.

Board of Adjustment Handbook

Page 16

Recommend Documents
spirit is a man of understanding” (Prov. 17:27). • “Doing wrong is like a joke to a fool, but wisdom is pleasure to a man of understanding” (Prov. 10:23).

and Dance held last Frida~v in Wralk~er. M~emoriall. ..... Week, the glorious climax of four years of undergraduate life for .... Still hopeful of gaining their initial.

When threatened, boa constrictors will hiss so loudly that they can be heard 100 feet away. Information Sources (2011). Cleveland Metroparks Zoo Animal Facts.

Boa Constrictor. Surprise Me. Chapter Three describes how boa constrictors hunt and kill their prey. Their unique use of constricting is interesting and effective.

Technical Information. Material Specification Assessment Data. Frame Assembly: Performance: 50,000 endurance cycles. Casting: Zinc Alloy to BS EN 12844 ...

Class: Reptilia. Order: Squamata Serpentes. Status: IUCN pop. trend: unknown. Primary Diet: Wild: pulp and juice of very ripe fruit, figs and dates. FRUGIVORE.

measurement. Site of IV injection. ABSORPTION AND DISPOSITION PHASES. Figure 3. Fick's first law applied to a membrane. J wall= Pwall . C wall. Table 2. ...... unit. Bile salt and lecithin levels in this medium are typical for the fasted state. The m