6.11.25 BOA Agenda Packet - Laserfiche WebLink

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2 Draft 1 2 Leon Meyers: Any discussion changes? All in favor, please say aye. 3 4 MOTION was made by Beth Bronson. Seconded by Greg Niemiroski. 5 6 VOTE: Unanimous 7 8 Leon Meyers: None opposed. The motion passes. Then to begin the hearing, I have to read this public charge. 9 10 AGENDA ITEMS 4 &5: PUBLIC CHARGE & POTENTIAL BOA CONFLICT OF INTEREST STATEMENT 11 12 Leon Meyers: The Board of Adjustment pledges its respect to the citizens of Orange County. The Board 13 asks participants to conduct themselves in a respectful, courteous manner, both with the 14 Board and with fellow citizens. Should any member of the Board or any participant fail to 15 observe this public charge, I'll ask the offending person to leave the meeting until that 16 individual regains personal control. Should decorum fail to be restored, we'll recess the 17 meeting until a genuine commitment to this public charge can be observed. Please silence 18 your devices now.The Board of Adjustment is a quasi-judicial administrative body established 19 in accordance with local regulations and State law to perform specified functions that are 20 essential to the County's planning program. Actions taken by the board are based solely on 21 competent material and substantial evidence presented during an advertised public hearing 22 on a specific case. Section 2.12.2 of the UDO allows the Board chair to exclude evidence 23 and testimony that is deemed: 'incompetent, irrelevant, immaterial, or unduly repetitious' and 24 therefore fails to address in a reasonable way the issues before the Board. While there is no 25 time limit on the presentation of evidence, the Board asks that the presentation of evidence 26 be consistent with established policies and rules of procedure, and acceptable levels of 27 decorum to ensure a fair and effective hearing for all parties. Regarding conflict of interest, 28 it's the duty of every board member to avoid both conflicts of interest and appearances of 29 conflict. Board members having any conflict of interest or appearances of conflict with respect 30 to matters before the board should identify the conflict or appearance of conflict and refrain 31 from undue participation in the matter involved. As a reminder, General Statute 160.D.109 32 establishes the following standard: A member of any board exercising quasi-judicial functions 33 pursuant to this chapter shall not participate in or vote on any quasi-judicial matter in a manner 34 that would violate an affected person's constitutional rights to an impartial decision maker. 35 Impermissible violations of due process include, but are not limited to, these issues: a 36 member having a fixed opinion prior to the hearing regarding the matter that is not susceptible 37 to change; undisclosed ex-parte communications, meaning talking with parties involved in the 38 case outside the hearing; a close familial business or other associational relationship with an 39 affected person; or a financial interest in the outcome of the matter. Are there any Board 40 members who feel a need to announce a conflict or an appearance of a conflict? 41 42 Kyle Myers: I don't believe it's a conflict of interest, but the office of the land conservancy is 520 South 43 Duke Street. They moved into my building, 524 South Duke Street. I don't know them. I've 44 never spoken to them, but they are, in fact, officing in the same office complex where I work. 45 46 Leon Meyers: Yeah, that sounds perfectly legitimate to me. 47 48 Kyle Myers: Thanks. 49 2