Good evening, everyone.

Tonight's meeting will now come to order.

Welcome to the June twenty-third, twenty twenty-two meeting of the city of Greenville Board of Adjustment.

Madam Clerk, would you please give us a roll call?

Yes, sir, Rodney Bullet.

Yes, ma'am.

Christopher Lilly.

Here.

Ann Bellis.

Here.

Hunt McKinnon.

Here.

Sharon Evans.

Here.

Nathan Cohen.

Here.

John Landrine.

Ryan Hurdle.

Here.

Nathan Brandon.

We have a forum.

Very good, madam attorney.

Would you please give us uh our voting members for this evening.

All seven are present are voting.

Very good.

And at this time I will seek a motion for the approval of last month's minutes.

I have a motion.

Is there a second?

Second.

Second.

Very good.

Uh all of those in favor.

Those that oppose that motion carries, and at this time, madam attorney, if you would please give us uh the attorney's statement for this evening.

As previously stated, all seven of you will be voting tonight.

The following applies to all evidentiary evidentiary matters for consideration by the board tonight.

The board of adjustment is a quasi-judicial body that makes a decision concerning an application, petition, or appeal based on the evidence presented by those in favor as well as those in opposition.

Only evidence that is material, competent, and substantial will be considered and may be used by the board in its decision-making process.

Statements by a person such as, in my opinion, the application will create a traffic hazard is not an admissible opinion and may not be considered by the board.

However, such an opinion may be admissible if it is made by an expert or a person who is qualified to give opinions concerning traffic hazards, is making a presentation to the board concerning his or her investigation and the basis for his or her conclusion in the report.

A lay person can give an opinion, but he or she must also present facts to show how the proposal affects his or her piece of property specifically and not just in a general way.

A statement that another person who is not present and not testifying either supports or doesn't support the petitioner or application is hearsay and is not admissible.

The same rule applies to both the applicant and those in opposition.

Pursuant to North Carolina General Statutes 160D-109, 160D-406, and Section 4 of the Board of Adjustments Rules of Procedures.

No member of the Board of Adjust Adjustment shall participate in either the discussion or vote on any special use permit, variance, or appeal from an administrative officer's decision in any manner that would violate the affected person's constitutional right to a fair and impartial decision maker.

Prohibited conflicts include but are not limited to a member having a fixed opinion prior to hearing the matter and not willing to consider changing his or her mind and undisclosed ex parte communications with the person before the board, any witnesses, staff or other board members.

Decisions on either a request for recusal by a member or objections by a person appearing before the board shall be decided by a simple majority vote.

No board member shall take part in the hearing, consideration or determination of any matter in which the board member is involved or has a financial or personal interest.

Personal interest shall be defined as having a family member involved in the project under consideration.

A neighborhood association involvement where a board member is on the governing body of such association, or where the board member is involved in a conflict or dispute with the applicant on a matter unrelated to the application.

If a board member has such a conflict, he shall declare the conflict and request to be excused from voting on the issue.

A majority vote of the remaining members present shall be required to excuse the member.

No board member shall vote on any matter deciding an application or appeal unless he shall have attended the public hearing on that application or appeal.

No member shall discuss any case with any parties in interest prior to the public hearing on that case, provided, however, that members may receive and or seek information pertaining to the case from any other members of the board.

If a board member hasn't had an ex parte communication regarding any of the matters for consideration tonight, that needs to be disclosed at this time.

Moving on.

To the board and to the members of the public, please note that for a variance hearing, a four-fifth vote of the board is required to grant a variance.

For all other evidentiary hearings, the decision will be made by a simple majority vote of the board.

Parties with standing have rights to participate fully.

In order to act as a party in any of the evidentiary hearings being heard tonight, an individual must have legal standing in accordance with General Statute 160D-406D, and General Statute 160D-1402 C, referred to for expediency as the standing law.

The following persons have standing to participate as a party in this evidentiary hearing.