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Home My WebLink AboutP-0130 - Public Hearing - Special Use Permit 09-30-1985POLICY FOR INSERTION INTO THE POLICY MANUAL i MEETING DATE: September 30. 1985 NUMBER: P:0130 EFFECTIVE DATE: September 30, 1985 REVISIONS: POLICY• PUBLIC HEARING-SPECIAL USE PERMIT If a Board member is absent from a meeting in which a public hearing is held on a special use permit application, the Board member may vote on that issue providing the said Board member reviews all of the documentary evidence presented and hears the testimonial evidence by listening to the tapes of the Public Hearing. Such review should be documented in the minutes. • 1 3 there is a suxp].us of deputies at budget time, the staffing users would be evaluated at that time. Sheriff Pendergrass emFi>asized there is rso danger of anrerhire because of the tusxtiover within the department. Motion was made by Oonanissfoner Marshall, seaorsded by Caomiissioner Carey to ascend the 1985-~i budget as foll~wss Appropriatioir,Sheriff ~ 60,60 8axrae-~i'ransfer from Capital Projects Ftmd #11,500 Sasrcx-Transfer from DWI Safe iioade Act # 2b,500 Sonr~tinSencY $ 22,160 VO-i'Ss tA~AN. g - 30-- ~s` ~ _ -ecve,~ nA•r~su~x,~ ~rr_ ~r~s aJ ~~A Qommie~aioner [Marshall requested that newly appointed members be adder] to the policy. She questioned how a requirmient that asn absent Hoard mm~ber review all docatmeastary e~vi,dence presented and hear all testimonial evidessce by listening to the tapes of the Public Bearing could be verified. Ceunsty Attos:nay Geoffrey Gleshill indicated that at the time the requirement has been met, it could be so docmm3nted in the minxstes. He rsoted that it is each Board mesabers duty to vote on e~rerything that acmes beforer the Board in which they don't have a fitsancia]. interest. The point is that when yDU are ooessiderf.ng ~mstters for which evidence i,s talwn std sitting in a quasi- judicial capacity. you need to kcsasr what the evidensce is before yw can take part in the decisions. If you miss past of the public hearing then it becomes a Hoard policy to ~clude you from votiig or establish a policy by which ycu beooaie familiaur with the item. Motias was made by Comaissi,oher Carey, seoos~rksd by Ooassnissioner Marshall to adopt the reoasmendation of the Coutsty Attorney to "authorize the Board member to vote on such an icsuQ with the requiressse~at that the absent Board member renriea all of the docunsecstary evidea>ce presented and hear all of the offict • i~a].~ ~e ~ ~ to the tapes of the Public Aenring" as a public hearirr~g.~ ~ situations wtrere a member of the Board does not attessc~ W-rE: ~. Aacaameedation from the P (Public ~~ to receive the lannirg Hoard.) Planner 8tssan Smith presented for decisiaas a request for a Class A b~ecial Use Permit for the non-residential use of the historic Bi~tsamn School submitted to public hearing ors August 26, 198.5. The Planning Board reoosamends approval with the attachrmrst of twelve (12I cotditioats. TBB PI1~TC H~1RII1G T~3 ~ CIa6fA7. Motion wars made by Cascaissironer Marshall, aecaonded by Ooomiasioner Carey that a prepanderarroe of evidence irdicsatee compliance with the general standards, specific rules governinsg the specific use, and that the use caap~].ies with all required regulations and starssards, that the appliastiani should be approved because it is frond that the use gill prcns>ote the public health, safety and general welfare if located where pxaposed asxl developed and aperacted according to the plan set subnaittedj the use will soairstain or @nhalilCQ thin value of oodstiguouat propertyi and the use is in oompliance with the general plane for the physical derae].epaaesst of the County as esdwdied in these regulations or in the Caaapreheasive Plan, or portion thereof, adopted by the orange Casnty Hoard of Cwanissiatyers ens eNvidenced by the findings of fast as set forth in Article 8 for Special ~. Attactsed to the approval are the following consitfons: 1. The grantee of this Special [ise Penxait shall poet with Osage County, in a form aeoeptable to the Chunky Attorney, a bo~nsd or letter cf Credit in an am0lult equal to the cost of all public imprave~nts plus 108. The amount shall be determines cos the basis of fully euecxsted ooasstructiees caontracts or certifi,oation ORANGE COUNT? os~ BOARD OF COMMIISSIONERS Action Agenda ACTION AGII~1fDA ITEM ABSTRACT Ite® No. Meeting Date: SEPTEMBER 30, 1985 SUBJBCTs BOAi~ MEMBER ATTENDANCE AT PUBLIC HEARINGS ON SPECIAL USB PERMIT APPLICATIONS DfSPARTMEN'T: COUNTY MAKAGER PUBLIC HEARING; ._Jfes ,gNo ATTACHMENT(S): INFORMATION CONTACT: MANAGBR~S Ci'FICE, X501 TELEPHONB NUMBER: COUNTY ATTORNEY LBTTT~R DATED Hillsborough -732-8181 SEPTEMBER 25, 1965 Chapel Hill -968-4501 Mebane - 227-2031 burham - 688-7331 PURPOSI3: To consider adopting a policy or proe®dure to matters which Dome before thQ Board in its Auaai-3udicial capacity when one or more Board rm3mbers is absent during the presentation of evidence on the matter. NIXED: September 25: 1985 letter oP County Attorney is attached. IMPACT: RECOMMENDATION(S): As the Board decides. asp COLEMAN. BERNHOL2;. $ICKERSOY, B~Itx~tOLZ, GLEDHII.L & HeRCltav~ ATTORNBY$ AT L-W l10 C~[uttTON STREET HIUS80EtOUGH. N. C. 2t27e s~~-r~z-~9s 9l9.9M12-9000 CHAPEL tl111 0f71CE SU1T& 20, fAAABLIN aClLDIDIO 137 E. TRANIfLIx S71tCE'f csAraL xiLL.N.c. a7aa4 ao-92e-nx ALOHZO H.COLEMAN,JR. s7cvax A. aeaNttou DONALD R. DIC$ERS~I RootR a. aaRxMOu agogntstr s. cLaDxcu DOUGLAS flAB014-VE NARSIN J. BERNa:01.Z N~HARD J. SNIDEA,JR. JANE Q de LI58OVOy t:. NICNOLA8 H81GtAN LYNN A. ANDREWS w cou~ra 90NTiCR D. SAWYER (IDOQ-19>?1 Geptember 25, 1985 Donald willhoit, Chair hoses Carey Ben Lloyd Skirl Marshall Norman Walker Orange County Board 106 E. Margaret Lane Hillsborough, North permit public hearing Gear Board Members: A person interested in the outcome of an application for a Class A Special Use Permit has raised the question of the Board's policy/procedure when a Board member is absent from the public hearing or any portion of the public hearing during which evidence is presented for and against the application. This issue has not been addressed by the Board. It should be addressed and a procedure adopted. of Commissioners Carolina 27278 Re: Board member absences during special use The pertinent law is as follows: 1. N.C. Gen. Stat. Section 153A-340 says, in pertinent part: "when issuing or denying special use permits..., the board of commissioners shall follow the procedures for boards of adjustment except that no vote greater than a majority vote shall be regyired for the board of eommiBSioners to issue such permits...." 2. Section 2.1.3 of the Orange County Zoning Ordinance says, in pertinent part: "The Board of Commissioners when considering applications far approval of special uses, sits in a quasi-judicial capacity and shall be bound by the same rQquirea~ents as the Board of Adjustment acting on similar matters." 3. The Board of Adjustment "requirements" are contained in N.C. Gen. Stat. Section 153A-345 and the Orange County Zoning Ordinance, Section 2.3. Neither the statute nor the ordinance section prescribe a rule governing the absence of board members from public hearings on special use permit applications. ~s~ Board of Commissioners Page Two September 25, 1985 4. The court decisions in North Carolina, generally do not require every member of a board or agency sitting in a quasi-judicial (fact-finding, law concluding and decision making) capacity to attend every meeting of the board or agency during which evidence is received by the board or agency. Howevez, where a board member does participate in the decision of the board, there is a very clear directive that the board member know the evidence gresented. Based on the foregoing. it is my opinion that the Hoard can establish one of two policies to address this issue. They are: 1. exclude a board member who has not attended a public hearing during which evidence has been presented from participating in the decision before the Board; or 2. authorize the board member to vote on such an issue with the requirement that the absent board member review all of the documentary evidence presented and hear all of the testimonial evidence by listening to the tapes of the public hearing. It is my recommendation that the latter alternative be chosen in order to minimize the risk that no decision can be made because of a tie vote and because a decision requires a majority of the members of the Hoard, regardless of the number actually voting. By xerox copy of this letter I am requesting Mr. Thompson to place the following action-item an the Board's September 30, 1985 agenda: -- Establish Board policy for deciding matters which come before the Hoard in its quasi-judicial capacity when one or mute Board member is absent during the presentation of evidencQ on the. matter. Very truly yours, Gledhill GEG/lsg xc: Marvin Collins Ken Thompson \,