* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. OKAY, I'D LIKE TO [00:00:01] CALL TO ORDER THE THURSDAY, APRIL 23RD, 2026 MEETING OF THE CITY OF NEWBURG BOARD OF ADJUSTMENT. UH, COULD WE HAVE A ROLL CALL, PLEASE? YES, SIR. MR. CHAIRMAN, I'M STARTING WITH BOARD MEMBER SANDRA GRAY. LET THE RECORD SHOW SHE IS ABSENT. BOARD MEMBER OF GARY WILLIAMS. YEP. BOARD MEMBER KATHLEEN MARTY. HERE, CHAIRMAN TIM BECK. HERE. BOARD MEMBER GEORGE OLIVER. JUST LET THE RECORD TRAIL IS ABSENT. BOARD MEMBER LESLIE ALLEN, PRESENT BOARD MEMBER ASHLEY, HOW PRESENT AND BOARD MEMBER IN ADINE BUCHANAN. PRESENT. AND MR. CHAIRMAN, WE DO HAVE A QUORUM. THANK YOU, KENDRA. STAND FOR THE PLEDGE OF LEADING PLEASE. I PLEDGE ALLEGIANCE TO OF THE UNITED STATES OF AMERICA AND TO REPUBLIC. REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. YEAH. GOOD EVENING EVERYBODY. UM, [IV. CHAIRMAN’S REMARKS] I ALWAYS LIKE TO START THE MEETINGS BY MENTIONING THAT IT'S A GOOD THING FOR FOLKS TO VOLUNTEER FOR DIFFERENT ACTIVITIES THROUGH THE CITY OR WHETHER IT'S AN ACTIVITY WITH DIRECTLY WITH THE CITY OR A VOLUNTEER WITH ANOTHER ORGANIZATION. UM, WE ARE ALL VOLUNTEERS HERE ON THE BOARD AND WE DO OUR BEST TO SERVE THE CITY AND THE CITIZENS, UM, TO OUR BEST OF OUR ABILITY. SO WE ARE A QUASI-JUDICIAL HEARING, UM, WHICH PROCEEDS VERY SIMILAR TO A COURT HEARING AND WE ASK THAT YOU ALL RESPECT EVERYONE IN ATTENDANCE AND DO NOT ENGAGE IN DISORDERLY CONDUCT OF ANY DISRUPTION. IF THIS TAKES PLACE, WE MAY ASK YOU ALL TO LEAVE OR BE ALL ESCORTED OUT. IF YOU INTEND TO SPEAK TONIGHT, PLEASE LIMIT, UH, THREE MINUTES, UM, PER SPEAKER AND WE WILL BE IMPOSING AFTER PRESENTATION OF THE APPLICATION. UM, IF Y'ALL, IF Y'ALL ARE GONNA SPEAK, PLEASE SIGN UP. UM, THERE'S A SIGNUP SHEET HERE. ARE WE, UH, WE'RE, WE'RE GOOD. OKAY. I WILL, UH, WE WILL CALL THE SPEAKERS UP TO THE PODIUM IN ORDER, UM, WITH THAT SIGNUP SHEET. IF SO, BE IT IS THE BOARD'S POLICY AFTER THE PRESENTATION IS HEARD FROM STAFF TO ALLOW THE APPLICANT TO SPEAK FIRST AND LAST CITIZENS WHO HAVE SIGNED UP TO SPEAK WILL HAVE AN OPPORTUNITY TO PROVIDE THEIR TESTIMONY PERTAINING TO THAT ITEM. WHILE THE BOARD CANNOT, CAN ONLY CONSIDER FACTUAL EVIDENCE OR EXPERT OPINION IN THE DECISION, REASONABLE CONSIDERATIONS MAY BE APPLIED BASED ON THE PUBLIC'S TESTIMONY. SO WE WOULD LIKE TO SWEAR IN PRESENTERS. UM, IS THERE ANYONE THAT IS GONNA SPEAK? NOT TONIGHT, SIR. OKAY. SO WE CAN PASS THERE. NO THANKS. SO OUR FIRST ITEM, UM, PERTAINS TO THE FIREFLY CAFE AND THAT'S PARCEL IDENTIFICATION. EIGHT DASH ZERO NINE DASH 0 9 3 AND EIGHT DASH. I I'M, UH, OH YEAH, I APOLOGIZE MR. CHAIRMAN. I'M NOT SURE. YOU MIGHT HAVE AN OLDER COPY, BUT, UH, ABSOLUTELY. NO, YOU'RE OKAY. THIS ITEM SHOULD BE FOR DAY, DAY SPRING CHRISTIAN ACADEMY. WE HAVE TWO OF THEM PRINTED OUT HERE, SO I APOLOGIZE FOR NOT BEING ORGANIZED. AND, AND MR. CHAIR, UM, MEMBERS OF THE BOARD, IF I MIGHT BE HELPFUL, THE DAY [VI. SPECIAL USE APPLICATION(S)] SPRING CHRISTIAN ACADEMY IS ON TONIGHT FOR A HEARING FOR THE SPECIAL USE PERMIT FOR THE EDUCATIONAL USE. THE APPLICANT HAS COMMUNICATED TO STAFF, AND I THINK SOME CORRESPONDENCE MAY HAVE BEEN FORWARDED TO YOU ALL THAT THEY HAVE REQUESTED A CONTINUANCE OF THE HEARING. THEY WOULD LIKE AN OPPORTUNITY TO PROVIDE SOME ADDITIONAL EVIDENCE IN THE RECORD. AND THEY HAVE REQUESTED THAT THIS MATTER BE CONTINUED TO THE MAY 21ST, 2026 MEETING OF THE NEWBURN BOARD OF ADJUSTMENT. UH, DO WE NEED TO HAVE ANY CONVERSATION OR DISCUSSION ABOUT DO WE DO THE PRESENTATION OR HOW SHOULD WE PROCEED? THE APPLICANT IS ASKED TO CONTINUE THE HEARING IN, IN ITS ENTIRETY SO THAT THEY CAN PRESENT THEIR FULL APPLICATION DURING THE MAY 21ST MEETING. SO, DO WE NEED A MOTION AND A SECOND? YES, SIR. THE MOTION WOULD BE TO CONTINUE THE APPLICATION FOR DAY SPRING CHRISTIAN ACADEMY TO THE MAY 21ST, 2026 MEETING AT 6:00 PM IN THE CITY HALL COURTROOM TO ALLOW THE APPLICANT AN OPPORTUNITY TO PROVIDE ADDITIONAL EVIDENCE AT FIVE 30. AT FIVE 30, EXCUSE ME, FIVE 30. WE'RE ALL HAVING SOME CHALLENGES TODAY. UM, THAT'S GOOD. WE'RE GONNA MAKE IT THROUGH. UM, SO DO WE HAVE A, A MOTION OR I'LL MAKE THE MOTION. UM, SO THE MOTION WOULD BE TO CONTINUE TO CONTINUE THE DAY SPRING CHRISTIAN ACADEMY, UH, SPECIAL USE PERMIT 0 0 3 4 3 8 2 0 2 6. AND THAT'S UNTIL THE MAY 21ST, 2026 MEETING. SO THE MAY 21ST, 2026 MEETING. UM, DO WE HAVE A SECOND? SECOND. DO WE HAVE [00:05:01] ANY DISCUSSION? ALL IN FAVOR A AYE. ANY OPPOSED? MOTION CARRIES. SO WE'RE, WE'RE CONTINUED. THANK YOU. UM, NEXT ITEM [VII. NEW BUSINESS] OF BUSINESS, UH, RULES AND PROCEDURES. YES, SIR. MR. CHAIRMAN. AND, UH, I KNOW IT'S BEEN LONG AWAITED, SO I'M HAPPY THAT WE, I WELL I WAS ABLE TO FINALLY KIND OF PIECE SOMETHING TOGETHER FOR YOU GUYS. UM, I DO HAVE THAT AT THE VERY BACK OF THE PACKET. AND BASICALLY WHAT I'M JUST ASKING YOU ALL TO DO, IF YOU'LL JUST TAKE IT HOME AND DO A REVIEW AND SEE IF THERE'S ANYTHING THAT KIND OF POPS OUT AT YOU TO, TO, TO SAY NECESSARILY IF YOU WOULD WANT TO CHANGE IT OR IF YOU WOULD LIKE TO SEE SOMETHING ADDITIONAL OR ESSENTIALLY, UH, MAYBE NOT BE IN THERE. UM, I'M HAPPY TO ENTERTAIN ALL AND ANY SUGGESTIONS OR RECOMMENDATIONS. AND THEN OF COURSE I'M WORKING WITH LEGAL COUNSEL TO TRY TO PUT THAT TOGETHER IN A, A MORE CLEAN AND NEAT PERSPECTIVE. SO, UM, THAT'S THE EXPECTATION AND BASICALLY YOU GUYS ARE WELCOME TO REVIEW IT AT YOUR WILL. PLEASE SEND ANY COMMENTS OR RECOMMENDATIONS DIRECTLY TO ME. TRY NOT TO HAVE DISCUSSION AMONGST YOURSELF JUST SO WE DON'T, YOU KNOW, UH, ESSENTIALLY ENGAGE IN SOMETHING THAT ISN'T SUPPOSED TO BE HAPPENING OUTSIDE OF THE ACTUAL HEARING ITSELF. UM, YOU CAN SEND THOSE COMMENTS, LIKE I SAID, DIRECTLY TO ME AND I'LL MAKE SURE THAT I CAN CONSIDER IT AND WORK WITH LEGAL COUNSEL TO TRY TO INCORPORATE 'EM IF NEED BE. IS IS NOW A TIME THAT WE COULD HAVE ANY DISCUSSION PERTAINING TO ABSOLUTELY, YES SIR. SO ONE, ONE ITEM, THIS MIGHT BE A QUESTION AS MUCH TO JAMIE. UM, AND I KNOW IN SOME OF THE INFORMATION THAT WE GOT TODAY, WE HAD A DIFFERENT TYPE OF APPRAISAL THAN WE'VE HAD AT OTHER TIMES. SO WE, WE GET A LOT OF DIFFERENT TYPES OF APPRAISALS. AND SO MY QUESTION IS, IS THERE ANY INFORMATION THAT YOU COULD PROVIDE OR IS THERE ANY INFORMATION THAT MAY COME UP PERTAINING TO DIRECTION AS FAR AS WHAT MAY OR MAY NOT BE INCONSISTENT INFORMATION THE WAY WE SEE IT, TO WHAT'S, YOU KNOW, PERCEIVED AS BEING VERSUS WHAT'S ACTUAL? YES, SIR. THAT'S A, THAT'S A GOOD QUESTION. SO I THINK THE PURPOSE OF THE RULES OF PROCEDURE IS TO GIVE YOU ALL A FRAMEWORK, UM, BY WHICH YOU CAN OPERATE BY AND TO GIVE APPLICANTS AND MEMBERS OF THE PUBLIC AN OPPORTUNITY TO UNDERSTAND THE RULES OF THE ROAD. GENERALLY WHEN THEY GET HERE, ONE OF THE, UM, NUANCES OF A QUASI-JUDICIAL PROCEDURE IS YOU MAY ENCOUNTER FACTUAL SCENARIOS THAT ARE UNIQUE EVERY SINGLE TIME THAT YOU CONVENE A HEARING. SO WE'RE NOT GOING TO BE ABLE TO ACCOUNT FOR ALL OF THOSE POSSIBILITIES, BUT CERTAINLY, UM, IN THE, THE, THIS NEXT VERSION OF THE DOCUMENT THAT YOU RECEIVE, WE WANT TO GIVE YOU SOME MORE STRUCTURE ABOUT CONDUCTING A QUASI-JUDICIAL HEARING ITSELF. SO WE MAY NOT INCLUDE STATUTORY REFERENCES OR CASE LAW NECESSARILY TO GUIDE YOU, UM, SPECIFICALLY, BUT CERTAINLY GIVING YOU A MORE ROBUST OUTLINE OF WHAT, WHAT YOU CAN AND CANNOT DO AND CAN AND CANNOT SAY, UM, HOW MEMBERS OF THE PUBLIC CAN EXPECT THE HEARINGS TO FLOW. THAT INFORMATION WILL CERTAINLY BE, UM, INCLUDED IN THIS DOCUMENT. IF YOU ALL WOULD LIKE SOME ADDITIONAL SUPPORT SPECIFICALLY ON THE ISSUE OF, UM, WHETHER A USE WILL MATERIALLY OR SUBSTANTIALLY AFFECT ADJOINING OR REBUTTING PROPERTY VALUES, WE CAN PROVIDE KIND OF A LITTLE CHEAT SHEET FOR YOU ALL, UM, JUST SO THAT YOU KNOW THE RELEVANT RULES, THE MOST RECENT CASE LAW, AND YOU CAN HAVE THAT IN ADDITION TO YOURS OF PROCEDURE. YEAH, THANK YOU. SO IS THERE ANY DISCUSSION BETWEEN BOARD MEMBERS OR CURRENTLY ABOUT THINGS THAT WE MIGHT HELP KENDRICK OUT WITH THAT MIGHT BE IN THE BACK OF OUR HEADS CURRENTLY? UM, GIVE HIM AHEAD OF TIME SO WE, I KNOW Y'ALL HAVEN'T HAD MUCH OF AN OPPORTUNITY TO LOOK AT ANY OF IT. NO. UM, AND I KNOW WE HAVE A NUMBER OF NEW BOARD MEMBERS HERE TOO, WHICH MAKES IT EVEN A GREATER CHALLENGE. UM, BUT FOR THOSE OF US THAT HAVE SERVED FOR SOME TIME, UM, I KNOW WE'VE HAD A NUMBER OF QUESTIONS THAT WE'VE DIRECTED TOWARDS STAFF, UM, DURING MEETINGS AND JUST CURIOUS IF THERE'S ANYTHING THAT WE COULD BRING UP NOW TO HELP DIRECT KENDRICK FOR THE NEXT 30 DAYS. I'M GONNA WAIT AND REVIEW IT AND THEN IF I HAVE QUESTIONS, I'LL BE SURE TO EMAIL KENDRICK. SOUNDS GOOD. ANY OTHER COMMENTS OR I WILL SAY THAT, UM, SOMETHING LIKE WHAT YOU JUST TALKED ABOUT JAMIE WOULD BE HELPFUL BECAUSE I'VE BEEN IN A POSITION WHERE I'M THINKING, OKAY, I DON'T THINK WE HAVE THE LEGAL STANDING TO SAY SOMETHING ABOUT THIS, BUT I SURE WOULD LIKE TO ADDRESS IT AND I JUST DON'T KNOW HOW SO OR WHERE OUR BOUNDARIES ARE SOMETIMES. SO HAVING SOME KIND OF GUARDRAILS WOULD BE HELPFUL. UM, BUT ALSO HAVING SOME, SOMETHING THAT WE CAN REFER TO THAT MIGHT GIVE US GUIDANCE ON HOW TO APPROACH SOMETHING WOULD BE HELPFUL. ABSOLUTELY. AND I KNOW, UM, SINCE THERE ARE A NUMBER OF NEW FOLKS ON THE BOARD, UM, GENERALLY WE [00:10:01] DO A NEW MEMBER ORIENTATION TO GIVE SOME TRAINING AND ADDITIONAL RESOURCES, UM, BECAUSE QUASI-JUDICIAL PROCEDURES ARE MUCH UNLIKE THE OTHER TYPES OF HEARINGS THAT PEOPLE DO OR MEETINGS THAT WE HAVE IN THE CITY. AND WHAT, WHAT WE MAY DO IF, IF THERE'S A NUMBER OF YOU WHO ARE INTERESTED IS BREAKING THE BOARD DOWN INTO SMALL GROUPS TO DO A REFRESHER. THAT WAY EVERYBODY CAN GET THE SAME INFORMATION AND IF THERE'VE BEEN ANY UPDATES OR CHANGES IN THE LAW, YOU HAVE THE BENEFIT OF THAT INFORMATION AS WELL. YEAH. YEAH. THANK YOU. YEAH, AND JUST TO ADD TO THAT, THAT MAY ACTUALLY BE SIMPLER, UM, THAN THE POTENTIAL FOR EMAILING, UH, DIRECTLY. SO IF YOU GUYS WOULD WANT TO, I, I GUESS GO THAT ROUTE OR PREFER THAT ROUTE, WE CAN DO THAT INSTEAD TO WHERE YOU CAN ACTUALLY GET AN OPPORTUNITY TO REVIEW THE RULES AND PROCEDURES AND THEN WHEN WE HAVE OUR KIND OF BREAKOUT GROUPS, IF YOU WILL, THEN YOU CAN ASK ALL THE QUESTIONS THERE AND I CAN JUST TAKE DOWN THE FEEDBACK INSTEAD OF KIND OF MAKING YOU HAVE TO GO BACK AND FORTH. OKAY. IF THAT WORKS FOR I LIKE THAT IDEA. YEAH. SO WHAT I'M HEARING IS SOME DIRECTION FROM THE BOARD TO STAFF TO ORGANIZE SOME SMALL GROUP MEETINGS BETWEEN THE NEXT MEET NOW AND THE NEXT MEETING, UM, FOR THE PURPOSES OF REFRESHER OR NEW TRAINING AND TO DISCUSS THE RULES AND PROCEDURES IN SMALL GROUPS. IS THAT, IS THAT THE FEEDBACK WE'RE GETTING? YEAH. MM-HMM . THERE ANY ADDITIONAL COMMENTS, DISCUSSIONS, IF I REMEMBER RIGHT, KENDRICK, THE LAST TIME WE DID THAT FOR THE NEW BOARD MEMBERS, YOU GAVE US A COUPLE ALTERNATIVE DATES AND WE COULD SELECT A TIME. YES MA'AM. AND IT WAS USUALLY, YOU KNOW, YOU OFFERED US A COUPLE HOURS, IF I REMEMBER RIGHT. YES MA'AM. I'M GONNA DO MY BEST. I'M GONNA TRY TO GIVE AT LEAST TWO OPTIONS, WHICH WOULD BE ONE IN THE MORNING AND ONE IN THE AFTERNOON. EXCELLENT. TYPICALLY THE MORNING OPTION IS ROUGHLY IN BETWEEN NINE AND 10, BUT I HAVE TO WORK WITH LEGAL COUNSEL TO SEE WHEN THEY'RE AVAILABLE. UM, SO TYP THAT'S KIND OF WHY WE, WE STAND ON THAT POINT OF USUALLY TWO OPTIONS OF, AND IT NORMALLY WORKS BEST EITHER EARLY IN THE MORNING OR LATE IN THE AFTERNOON, BUT YOU'LL GET, YOU'LL GET BOTH OPTIONS TO, TO BE AVAILABLE. AND THEN I'LL KIND OF SET THE GROUPS AND I'LL DO THE SAME DIFFERENCE AS WHAT I DID PREVIOUSLY WHERE I TELL YOU WHAT GROUPS OR WHAT AND WHAT DAY WAS FOR WHAT TIMES AND WHO WAS SUPPOSED TO BE, UM, CORRESPONDING WITH THOSE GROUPS. SO I, I SHOULDN'T HAVE ANY ISSUE WITH THAT. THANK YOU. YES, MA'AM. AND THEN ONCE WE'RE ABLE TO GET THAT FEEDBACK AND INSTRUCTION FROM YOU ALL, WE'LL BE ABLE TO SYNTHESIZE A FINAL VERSION, WHICH WILL BE ON YOUR REGULAR MEETING AGENDA AND PUBLISH TO THE WORLD SO THAT YOU HAVE AN OPPORTUNITY TO ADOPT THE DOCUMENT IN ITS FILE FORM. SOUNDS GOOD. YEAH, I LIKE THAT. ANY ADDITIONAL DISCUSSION? MOTION TO ADJOURN? , I WAS GONNA ASK BUT I, MS. MARTY'S AREN'T WRITING SO FAST. I WANTED TO BE A MINUTE. OH, THAT'S DON'T, DON'T WAIT FOR ME. THAT'S FINE. WHATEVER. OKAY. ARE WE GOOD? YEAH, WE'RE GOOD. OKAY. SO WE DO HAVE A MOTION TO ADJOURN. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? AYE. AYE. ANY OPPOSED? MOTION CARRIES FOR ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.