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Modify Advisory Board Remote Participation Policy to Allow the Board of Adjustment and Historic District Commission to Conduct Remote Quasi-Judicial Evidentiary Hearings and to Allow Boards to Act to Approve or Deny Matters Before Them During State-declared States of Emergency and in Accordance with the Provisions of G.S. 166A-19.24.
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Staff:
Department:
Ralph D. Karpinos
Town Attorney
Overview: On April 1, 2020, the Council adopted a Resolution (2020-04-01/R-1) to modify and reinstate a policy addressing remote participation in Advisory Board meetings by members of Town advisory boards. The resolution excluded boards that are quasi-judicial in nature, specifically the Board of Adjustment and Historic District Commission, except where those Boards are engaged in making recommendations and not hearing quasi-judicial applications. On May 4, 2020, the Governor signed General Assembly Session Law 2020-3 into law to enact G.S. 166A-19.24, which provides authority and procedures for remote meetings by simultaneous communication during declarations of emergency by the Governor or General Assembly, including authorization and procedures for holding quasi-judicial evidentiary hearings, subject to limitations (Session Law 2020-3, Section 4.31(a)). The Town Attorney briefed the Council on the provisions of G.S. 166A-19.24 at the May 8, 2020 meeting of the Council Committee on Economic Sustainability. Modifying Resolution (2020-04-01/R-1) would allow the Board of Adjustment and Historic District Commission to conduct remote quasi-judicial evidentiary hearings and other boards to act to approve or deny matters before them during a State-declared State of Emergency and in accordance with the provisions of this new law.
Recommendation(s):
That the Council adopt the attached resolution allowing the Board of Adjustment and Historic District Commission to conduct remote quasi-judicial evidentiary hearings and other boards to act to approve or deny matters before t...
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