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11.13.24 BOA Agenda Packet
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11.13.24 BOA Agenda Packet
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12/6/2024 4:37:05 PM
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BOCC
Date
11/13/2024
Meeting Type
Regular Meeting
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Agenda
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Draft <br />2 <br />VOTE: Unanimous 1 <br />2 <br />Leon Meyers: The minutes are approved. 3 <br />4 <br />AGENDA ITEMS 4 & 5: PUBLIC CHARGE & POTENTIAL BOA CONFLICT OF INTEREST STATEMENT 5 <br />6 <br />Leon Meyers: Folks, bear with me while I read this public charge for the Board of Adjustment which pledges to the 7 <br />citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a 8 <br />respectful, courteous manner, both with the Board and with fellow citizens. At any time should any 9 <br />member of the Board or any citizen fail to observe this public charge, I'll ask the offending person to 10 <br />leave the meeting until that individual regains personal control. Should decorum fail to be restored, 11 <br />we'll recess the meeting until such time that a genuine commitment to this public charge can be 12 <br />observed. Please turn off phones and pagers. The Board of Adjustment is a quasi-judicial 13 <br />administrative body established in accordance with local regulations of the UDO and State law to 14 <br />perform specified functions essential to the County's planning program. Actions taken by the Board 15 <br />are based solely on competent, substantial, and material evidence presented during a previously 16 <br />scheduled and advertised public hearing on a specific item. As detailed within 2.12.2 of the UDO 17 <br />the Board chair reserves the right to exclude evidence and testimony that is deemed incompetent, 18 <br />irrelevant, immaterial, or unduly repetitious and therefore fails to reasonably address the issues 19 <br />before the Board of Adjustment. I'll just mention also that the Board, for folks who have not already, 20 <br />is going to ask folks who want to testify to establish standing before testifying. While it should be 21 <br />noted there is no time limit on the presentation of evidence, I ask that the presentation of evidence 22 <br />be consistent with established policies, rules of procedure, and acceptable levels of decorum to 23 <br />ensure a fair and equitable hearing for all parties. This part of the charges about potential conflict of 24 <br />interest, it's the duty of every Board member to avoid both conflicts of interest and appearances of 25 <br />conflict. Board members having any conflicts of interest or appearances of conflict with respect to 26 <br />matters before the Board should identify the conflict or appearance of conflict and refrain from undue 27 <br />participation in the matter involved. As a reminder, General Statute 160.D.109 establishes the 28 <br />following standard: A member of any Board exercising quasi-judicial functions pursuant to this 29 <br />chapter shall not participate in or vote on any quasi-judicial matter in a manner that would violate 30 <br />affected persons' constitutional rights to an impartial decision-maker, and permissible violations of 31 <br />due process include, but are not limited to, a member having a fixed opinion prior to hearing the 32 <br />matter that is not susceptible to change, undisclosed ex parte communications, a close familial 33 <br />business or other associational relationship with an affected person, or a financial interest in the 34 <br />outcome of the matter. And I'll ask at this time if any Board members need to declare a conflict or a 35 <br />potential conflict. 36 <br />37 <br />Holly Fraccaro: No. 38 <br /> 39 <br />Leon Meyers: Hearing none, the first case is A-4-24, the modification to the special use permit. 40 <br /> 41 <br />AGENDA ITEM 6: CASE: A-4-24 - To review Special Use Permit Modification (Case Number SUP24-0012) 42 <br />Modification request to an approved Site Plan associated with an approved Camp/Retreat 43 Special Use Permit (SUP) (Case A-15-18). Request submitted by Camp Chestnut Ridge and 44 <br />2
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