* 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. [00:00:01] OKAY, AT [I. CALL TO ORDER] THIS TIME I'D LIKE TO CALL TO ORDER THE THURSDAY, MAY 21ST, 2026 MEETING OF THE CITY OF NEW'S BOARD OF ADJUSTMENT. WE'D LIKE A ROLL CALL, PLEASE. YES, CHAIRMAN SERGEANT WITH, UH, BOARD MEMBER SANDRA GREG. PRESENT BOARD MEMBER GARY WILLIAMS. PRESENT BOARD MEMBER? KATHLEEN MARTIN. HERE. CHAIRMAN EVA? HERE. BOARD MEMBER GEORGE HOL. HERE. BOARD MEMBER LESLIE. AND THE RECORD? SHE WAS ABSENT. BOARD MEMBER ASHLEY? THE RECORD. SHE WAS ABSENT. AND BOARD MEMBER PRESENT. AND MR. CHAIRMAN? WE DO HAVE A COURT. OKAY. THANK YOU. MS. TUB. I'D LIKE TO DO THE PLEDGE OF ALLEGIANCE, PLEASE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, REPUBLIC NATION. LIBERTY JUSTICE FOR LAW. YEAH. [IV. CHAIRMAN’S REMARKS] THANKS FOR ATTENDING THE MEETING THIS EVENING. UM, WE ARE A TOTAL VOLUNTEER GROUP AND SURE WOULD LIKE, UH, ANYBODY TO UNDERSTAND AND FOLKS THAT, UM, WOULD LIKE TO VOLUNTEER FOR ORGANIZATIONS THROUGHOUT THE CITY. PLEASE DO SO. UM, GREAT OPPORTUNITY IN WHAT REALLY MAKES THE PUZZLE WORK FOR EVERYBODY. UM, WE'RE A QUASI-JUDICIAL HEARING. UM, WE PROCEED VERY SIMILAR TO THE WAY A COURT PROCESS WORKS AND WE ASK EVERYBODY'S RESPECT. UM, THAT'S HERE IN ATTENDANCE. WE TYPICALLY LIMIT CONVERSATION IN THREE MINUTES. WE DON'T HAVE A WHOLE LOT OF FOLKS, SO WE PROBABLY WILL NOT EVEN THINK ABOUT THREE MINUTES. EVERYBODY WILL GET A FAIR OPPORTUNITY TO SPEAK, UM, BUT PLEASE RESPECT EVERYBODY'S OPPORTUNITIES. UH, IT'S THE BOARD'S POLICY AFTER THE PRESENTATION IS HEARD FROM AND STAFF WILL ALLOW THE APPLICANT TO SPEAK FIRST AND LAST, UH, CITIZENS DO, UH, HAVE THE OPPORTUNITY TO SPEAK. WE DO REQUEST FOLKS TO SIGN UP. SO IF Y'ALL HAVE NOT SIGNED UP, PLEASE DO SO. UM, THE BOARD CAN ONLY CONSIDER FACTUAL EVIDENCE OR EXPERT OPINION IN THE DECISION. REASONABLE CONDITIONS MAY BE APPLIED BASED ON THE PUBLIC'S TESTIMONY. AND SO AT THIS TIME WE'D LIKE TO SWEAR IN PRESENTERS. UM, ANYBODY WHO WILL SPEAK, PLEASE STAND UP AND RAISE YOUR RIGHT HAND. DO YOU ALL SOLEMNLY SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? THANK YOU. SO I DON'T THINK WE HAVE A DECISION TO DISCUSS FROM LAST MEETING, SO WE'RE CLEAR THERE. UM, YES SIR. MR. CHAIRMAN. AND WE HAVE TWO [VI. SPECIAL USE APPLICATION(S)] SPECIAL USE APPLICATIONS AND IT'S MY UNDERSTANDING THAT THE FIRST ONE ON THE LIST IS DAY SPRINGS CHRISTIAN ACADEMY. AND ARE THEY NOT HERE YET? NO, SIR. THEY, THEY DO NOT APPEAR IN THE COURTROOM AT THIS MOTION, SO WE'LL GIVE THEM A LITTLE BIT EXTRA TIME AND WE'LL SWITCH AND WE'LL ASK FOR THE REFRESHING LIVES. CHURCH, ARE Y'ALL AVAILABLE TO? NO. OKAY. UM, SO REFRESHING LIVES CHURCH IS SPECIAL USE PERMIT 0 0 3 4 7 9 20 26. UH, IT'S PARTIAL IDENTIFICATION NUMBER EIGHT DASH TWO ONE DASH 5 0 0, UM, WITH AN ADDRESS OF 4 1 1 OH MARTIN LUTHER KING DRIVE. UH, CURRENT ZONING IS C3. AND MR. CHAIRMAN, I'M JUST TAKING A MOMENT TO HELP THE GENTLEMAN JUST GET SIGNED IN. THEN I'LL BRING THAT SHEET TO YOU PRIOR TO PRESENTING THIS, UH, THIS ITEM. YES. SOUNDS GREAT. AND JAMIE HELP YOU REMIND ME TO ASK OR SWEAR IN AGAIN THERE? YES SIR. THANK YOU. YEP, WE'RE GOOD. THANK YOU. ALRIGHT, AND GOOD EVENING, MR. CHAIRMAN AND TO THE BOARD. SO FOR OUR FIRST ITEM, WE ARE DOING THE REFRESHING LIVES CHURCH AND THE PROPOSED USE IS 5.200. THIS IS CHURCHES, SYNAGOGUES, AND TEMPLES, UH, INCLUDING ASSOCIATED RESIDENTIAL STRUCTURES FOR RELIGIOUS PERSONNEL AND ASSOCIATED BUILDINGS, [00:05:01] BUT NOT INCLUDING ELEMENTARY SCHOOLS OR SECONDARY SCHOOL BUILDINGS. SO THE REQUEST SUMMARY, THE APPLICANT REFRESHING LIVES CHURCH, LLC, AND THIS IS, UH, DR. RONALD SCOTT BISHOP. UM, THE PROPERTY OWNER IS TYSON AND HINZ INVESTMENTS, LLC. AND AGAIN, THE LOCATION IS 41 10 ML KING JR BOULEVARD. THIS IS FOR UNIT C AND D. TOTAL ACREAGE IS 1.63. AND THE PARCEL IDENTIFICATION NUMBER EIGHT DASH TWO 11 5,000, EXCUSE ME, DASH 5,000. AND THE ZONING DISTRICT IS COMMERCIAL THREE OR C DASH THREE. AND THE FIRST MAP HERE THAT YOU'RE GONNA SEE IS THE VICINITY MAP. AND IT IS SHOWN THERE IN THE GREENISH TEAL COLOR WITH SOME HIGHLIGHT THAT'S FOLLOWED BY OUR BUFFERING MAP. AND THAT IS TO SHOW THE NOTIFICATION THAT WAS SENT OUT WITHIN A HUNDRED FEET. AND THEN THE AERIAL MAP IS JUST GIVING A REFLECTION OF WHAT IS ON THE GROUND. AND YOU HAVE THAT, UH, FOLLOWED BY THE ZONING MAP, WHICH SHOWCASES THE C3 REDDISH COLOR. UH, THAT IS A, ESSENTIALLY A SURROUNDING THE PROPERTY. AND, UM, ADDITIONAL CONSIDERATION HERE, UH, STAFF CAN, CAN CONFIRM THAT THE APPLICATION WAS SUBMITTED AND DEEMED COMPLETE. UM, WE CAN ALSO CONFIRM THAT THE REQUEST IS WITHIN ITS JURISDICTION IN ACCORDANCE TO THE TABLE OF PERMISSIBLE USES. AND THEN LASTLY, THESE TWO COUPLE OF SLIDES, I HAVE THE SITE PLAN AVAILABLE FOR VIEW. SO IT IS, UH, TWO PAGES HERE. SO THIS IS THE FIRST PAGE AND IT'S FOLLOWED BY THE SECOND PAGE, WHICH KIND OF GIVES YOU A FLOOR PLAN. I'LL LEAVE IT ON THIS FIRST PAGE, BUT IF THE BOARD HAS ANY QUESTIONS, I'LL TAKE THOSE AT THIS TIME. DO WE HAVE ANY QUESTIONS? NO, FOR STAFF. WE'RE GOOD. YEAH. THANK YOU. SO AT THIS TIME WE'D LIKE THE APPLICANT TO COME FORWARD, UM, IF, IF THEY WOULD LIKE TO. UM, AND PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. MY NAME IS, UH, RONALD SCOTT. ADDRESS, 2 42 VENTURA DRIVE, NEW VERN, NORTH CAROLINA. THANK YOU. THANK YOU. GOOD EVENING. UH, CHAIR PER AND THE MEMBERS OF THE BOARD, UH, MY DR. RONALD SCOTT. I'M BISHOP OF REFRESHING LIVES CHURCH AND I APPRECIATE THE OPPORTUNITY TO, UH, BE HERE FOR YOU THIS EVENING. I WAS BORN AND RAISED RIGHT HERE IN THIS GREAT CITY OF NEW BERN, NORTH CAROLINA. AND I PROUDLY SERVE OUR COUNTRY FOR OVER 22 YEARS, UH, IN THE ARMY. UM, IN ADDITION TO MINISTRY, I'VE HAD THE PRIVILEGE OF SERVING THIS GREAT COMMUNITY AS THE CHAIR OF THE NEW BERN HOUSING AUTHORITY. UH, AND ALSO AS A CHAPLAIN AT THE HOSPITAL, UH, CONTINUING MY LIFELONG COMMITMENT TO SERVICE FOR PEOPLE. UM, UH, I I LOVE WHAT I DO. THIS MONTH, REFRESHING LIVES CHURCH HAS JUST CELEBRATED 22, 21 YEARS OF MINISTRY AND COMMUNITY SERVICE 'CAUSE THEY'RE BOTH TIED INTO THE SAME. BUT OVER THE YEARS OUR MINISTRY HAS WORKED HAND IN HAND WITH THE CITY, UH, WITH, UH, IN THE PAST WITH, UH, SOME OF YOU MAY BE FAMILIAR WITH MR. JOHNNY CLARK WITH THE INSPECTIONS WE WITH, WITH, UH, THE PUBLIC WORKS DIRECTOR, RCS, THE AMERICAN RED CROSS, AND MANY OTHER ORGANIZATIONS WITHIN THE COMMUNITY. THROUGH HEALTH FAIRS AND OUTREACH EFFORTS AND JUST COMMUNITY EFFORTS AS A WHOLE. BUT ESPECIALLY IN THE AFTERMATH OF HURRICANE FLORENCE, WE YIELDED OUR BUILDINGS SO THAT THE CITY AND OTHER RESOURCES COULD COME IN AND USE THE SPACE. 'CAUSE WE TRULY BELIEVE IN, UH, THE COMMUNITY AT LARGE. AND AFTER A FEW INQUIRIES FROM THE CITY, UM, WE ACTUALLY SOLD THE PROPERTY TO THE CITY 'CAUSE THEY HAD A DESIRE FOR IT. AND WE WERE IN COMPLIANCE WITH THAT 'CAUSE WE SAW THE NEED. UH, WE WERE RIGHT THERE NEXT TO A BUILDING THAT THEY OWNED. OUR MINISTRY HAS BEEN A RESOURCE, UH, CENTER TO HELP PEOPLE. THE COMMUNITY WHEN IT WAS NEEDED THROUGH RECOVERY EFFORTS AND ALL. BUT SERVING PEOPLE DURING DIFFICULT TIMES HAS ALWAYS BEEN AT THE HEARTBEAT OF THE MINISTRY. ONE OF THE REASONS THAT WHEN WE SOLD THE PROPERTY, WE WANTED TO GET BACK ON THIS SIDE SO THAT WE COULD HAVE BOOTS ON THE GROUND SO WE COULD GET MORE INVOLVED IN THE COMMUNITY. BUT WE ARE HERE THIS EVENING, UM, SEEKING APPROVAL FOR A SPECIAL USE, UH, PERMIT FOR USE 5.200 TO ALLOW US REFRESHING LIVES CHURCH TO LOCATE AT 41 10 MARTIN LUTHER KING DRIVE BOULEVARD, UH, BOULEVARD, UNIT C AND D. NOW THIS CHURCH HAS ALREADY ENTERED INTO A LEASE AGREEMENT WITH, UH, MR. TUCK, TYSON, TYSON AND HINES INVESTMENT. AND WE HAVE A LETTER FROM MR. CHUCK, UH, TYSON AUTHORIZING THE CHURCH TO PURSUE THIS PARTICULAR, UH, SPECIAL USE PERMIT INCLUDED WITH THE APPLICATION. ALSO PRESENT IS, UM, ELDER [00:10:01] DITA PULLINS. SHE SERVES AS OUR CHIEF OPERATION OFFICER AND AN AUTHORIZED, UH, REPRESENTATIVE, THE CHURCH SHE SPEAK ON MY BEHALF OFTEN. SO SHE'S HERE THIS EVENING AND SHE WILL PRESENT ADDITIONAL INFORMATION AND EVIDENCE ON BEHALF OF THE MINISTRY. AND I DO, UH, I'VE SERVED VOLUNTEERS AND I DO WANT TO THANK YOU FOR YOUR TIME AND FOR WHAT YOU DO AND CONSIDERATION, UH, FOR US BEING CONTINUING TO OUR SERVICE COMMUNITY. AND THANK YOU ALL FOR WHAT YOU ALL DO. THANK YOU SIR. GOOD EVENING AND THANK YOU ALL FOR, UM, ALLOWING US TO COME AND, UH, MR. CHAIRMAN, MEMBERS OF THE BOARD, UH, MY NAME IS ELDER KETA. I AM THE CHIEF OPERATIONS OFFICER FOR REFRESHING LIVES CHURCH AND WE ARE APPLYING FOR THE, UH, SPECIAL USE PERMIT AT 41 12 MLK BOULEVARD, UNIT C AND D. UM, OUR APPLICATION INCLUDED ALL THE DOCUMENTS AS YOU SAW THAT WAS REQUIRED BY THE CITY OF NEW VERN, UM, TO INCLUDE THE PROFESSIONAL SITE PLAN THAT YOU SEE DISPLAYED. AND THEN THE OPINION LETTER AS TO THE ISSUE OF PROPERTY VALUE FOR MR. MICHAEL MOODY, WHO IS HERE WITH US FROM EASTERN VALUATION AND CONSULTANT. UM, INCORPORATION. UM, HE IS A CERTIFIED REAL ESTATE APPRAISER TO JUST SAY THAT WE, UM, OR IN COMPLIANCE AND NOT DEVALUING ANY OTHER PROPERTY THAT ARE NEAR THAT IS NEAR US. WE HAVE SERVICES ON WEDNESDAY EVENINGS AT SIX 30 AS WELL AS SUNDAY MORNINGS. WE START AT NINE 30 AND WE'RE TYPICALLY DONE AROUND 1130. UM, THESE SERVICE TIMES WILL NOT SUBSTANTIALLY INTERFERE WITH ANY OTHER BUSINESS, UM, IN THAT, UH, PLAZA THAT WE ARE LOCATED IN OR WILL BE LOCATED IN. UM, THE OTHER LOCATIONS THERE OPEN AFTER US, THERE'S ONLY ONE THAT OPEN AT ONE. UM, ANOTHER THAT IS THERE, UM, THAT OPENS AT 11 OR STARTS AT 11. THEY BEGIN, UM, WHEN WE ARE ALMOST WRAPPING UP. TYPICALLY THEY USE ABOUT 18 PARKING SPOTS. THERE IS 64 PARKING SPOTS AVAILABLE IN THE FRONT. THERE'S ADDITIONAL PARKING IN THE BACK. WE TYPICALLY WILL USE AROUND 30 PARKING SPACES. SO JUST WANTED TO MAKE SURE THAT WE CALLED THAT OUT, THAT THERE'S CURRENTLY PLENTY OF PROPERTY AT OUR PREVIOUS LOCATION. WE ALSO HAD A PARKING LOT MINISTRY. THAT MINISTRY DOES CONTINUE EVEN TILL HERE. UM, SO THERE WILL BE ASSISTANCE WITH PARKING AND WE HAVE MADE AN AGREEMENT WITH THE OTHER LOCATION, UM, THAT IS THERE OR THE OCCU, UH, BUSINESS THAT IS THERE TO MAKE SURE THAT WE ARE BEING GOOD STEWARDS AND GOOD PARTNERS TO USE PARKING LOT FOR BOTH SIDES. UM, THE MINISTRY FOR BOTH SIDES TO HELP WITH PARKING. AND THEN WHEN WE EXIT, THERE'S NOT A LOT OF TRAFFIC DURING THAT TIME, BUT WE DO HAVE A EXIT PLAN TO, TO MAKE SURE THAT WE'RE SAFE AND IN COMPLIANCE WITH, UM, PARKING AND, AND, UM, EXITING THE BUILDING AS THE SITE PLAN INDICATES, WE ARE NOT PROPOSING ANY EXPANSION OR ENLARGEMENT OF THE EXISTING BLUEPRINT. UM, WE ARE JUST MOVING INTO AN EXISTING LOCATION THAT IS ALREADY THERE. AND THEN YOU SAW ON THE SECOND PAGE WHAT THAT SET SET UP WILL LOOK LIKE. UM, OUR USE OF THE BUILDING AS A CHURCH WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY IF LOCATED. UM, WE ARE PROPOSED AND DEVELOP ACCORDING TO THE PLAN AS SUBMITTED. AND THEN I LIKE TO DIRECT THE BOARD'S ATTENTION TO THE LETTER FROM OUR REAL ESTATE APPRAISAL, UH, MICHAEL MOODY. IT IS IN YOUR PACKET. IT'S DATED MARCH 16TH, 2 20 26. AND JUST LET YOU KNOW, THIS LETTER HAS BEEN INCLUDED, UM, JUST TO UM, SHOW YOU AGAIN THAT IT WILL NOT DEVALUE OR REDUCE THE VALUE OF ANY ADJOINING OR BUDDING PROPERTY. BUT I ASK THAT THE BOARD ACCEPT MR. MOODY'S OPINION LETTER, UM, AS EVIDENCE THAT THE CHURCH USE WILL NOT DO THAT. THANK YOU. DO WE HAVE ANY QUESTIONS? THANK YOU. AND THEN LASTLY, UH, JUST WANNA MAKE SURE THAT WE CALL OUT THAT THE LOCATION AND THE CHARACTER OF OUR CHURCH USE AT THIS LOCATION IS IN HARMONY WITH THE AREA IN GENERAL, CONFORMITY WITH THE PLAN OF DEVELOPMENT BY THE CITY. AND SO THE LOCATION IS IN A HEAVILY COMMERCIAL CORRIDOR WHERE COMMERCIAL USES OF MUCH GREATER INTENSITY ARE PERMITTED. UM, AND THERE IS A PRESUMPTION THAT THERE OUR USE IN THEIR USES IN HARMONY WITH ONE ANOTHER. SO IT SHOULDN'T BE ANY KIND OF CONTRADICTIONS WHATSOEVER. AND THEN WE RESPECTFULLY, WE REQUEST THE BOARD GRANT, THE SPECIAL USE PROGRAM FOR REFRESHING LAW CHURCH. BLESS YOU. BLESS YOU. AND WE WANT TO HAVE THIS COMPLETED IN MAY, UM, WHICH IS VERY SPECIAL TO US. IT COMM COMMEMORATES THE ONE YEAR ANNIVERSARY OF OUR PASSING OF PASTOR ANGELA SCOTT. SHE STARTED AND SHE WORKED WITH THE CITY TO ENSURE THAT OUR LOCATION IN THE JAMES CITY AREA ON KELL ROAD WAS SOLD TO THE CITY. SHE NEGOTIATED ALL OF THAT AND SHE PASSED AWAY MAY OF LAST YEAR. SO WE ARE ABLE TO GET IT APPROVED THIS YEAR. IT'S LIKE A CELEBRATION OF CONTINUING ON WHAT SHE [00:15:01] BEGAN. SO THAT'S WHY WE HERE AND BEEN PUSHING TO GET IT DONE, UM, THIS MONTH. SO WITH THAT, I ASK ARE THERE ANY QUESTIONS OF THE BOARD? DO WE HAVE ANY QUESTIONS, COMMENTS? THANK YOU SO MUCH FOR YOUR TIME AND YOUR VOLUNTEERING FOR US. AND WITH THAT, I'LL CALL MR. MIKE MOODY UP JUST TO SEE IF YOU ALL HAVE ANY QUESTIONS ABOUT WHAT HE SUBMITTED ON OUR BEHALF. YEP. THANK YOU. YEAH. HAS THE BOARD SEEN THE REAL ESTATE APPRAISAL? OKAY, GOOD AFTERNOON EVERYBODY. UM, MY NAME'S MIKE MOODY. I AM A REAL ESTATE APPRAISER. I WAS ENGAGED BY, UM, MR. TYSON TO ANSWER THE QUESTION. UM, I PROBABLY SHOULD KNOW WHICH BULLET POINT THAT IS, BUT I DON'T. BUT IT, IT'S ABOUT, UM, THE PROPOSED USE AFFECTING ADJOINING OR BUDDING PROPERTY VALUES. UM, AND BASICALLY, UH, I PRESENTED A LETTER OR, OR WROTE CHUCK A LETTER. I BELIEVE IT'S IN YOUR PACKET FOR YOU TO READ. UM, BUT THE LONG AND SHORT OF IT IS, IS, IS THAT I DON'T SEE HOW THE, UM, PROPOSED USE OF OF A CHURCH HERE AT THE STRIP CENTER IS GONNA HAVE ANY IMPACT ON ADJOINING IN A BUDDING PROPERTY VALUES. I'M VERY FAMILIAR WITH THE SUBJECT PROPERTY, THE NEIGHBORHOOD, THE SURROUNDING PROPERTIES. I VALUED THIS PROPERTY, VALUED SEVERAL PROPERTIES IN THIS NEIGHBORHOOD. SO, UM, I I JUST CAN'T SEE HOW PUTTING A CHURCH NEXT TO A SELF STORAGE FACILITY OR A GAS STATION, UM, IT'S GONNA ADVERSELY AFFECT ANYTHING. SO, UM, THE FINDINGS ARE SUMMARIZED IN THE LETTER. IF YOU GOT ANY QUESTIONS ABOUT IT, I'LL BE HAPPY TO ANSWER 'EM. WHAT WAS THERE BEFORE? WHAT WAS IN THAT USE BEFORE? YEAH. UM, I BELIEVE THAT THAT UNIT WAS A, A PROSTHETICS, UM, MAKER IF, IF I'M CORRECT. IS THAT YEAH. YEAH. OKAY. SO A MANUFACTURING FACILITY I GUESS WOULD, YEAH. YEAH. DO YOU HAVE ANY ADDITIONAL QUESTIONS? THANK YOU. SO DO WE HAVE ANY DISCUSSION MR. MR. CHAIR, BEFORE YOU OPEN IT UP FOR DELIBERATION AMONGST THE BOARD MEMBERS, YOU MAY WANNA ASK IF THERE ARE ANY NOTIFIED, UM, PERSONS IN THE AUDIENCE WHO MIGHT HAVE EVIDENCE TO PRESENT EITHER FOR OR AGAINST THE PROPOSED APPLICATION. YEAH, SURE. I APOLOGIZE FOR, FOR SKIPPING OVER. DO WE HAVE ANYBODY IN THE AUDIENCE THAT'S GONNA SPEAK, UH, FOR OR AGAINST YOU AND THE PUBLIC? THAT WAS MY FAULT. I ASSUMED WE HAD EVERYBODY WERE THE PRESENTERS, BUT APOLOGIZE. UH, SO FOR THE RECORD, WE DO NOT HAVE ANY PUBLIC COMMENT AND SO WE'LL OPEN UP FOR DISCUSSION AND IF, IF WE DON'T HAVE ANY GENERAL DISCUSSION, WE CAN START TO GO THROUGH THE SIX TOPICS AND TRY TO MAKE A VOTE. SO THE REQUESTED PERMIT IS WITHIN THE JURISDICTION, ACCORDING TO THE TABLE OF PERMISSIBLE USES. DO WE HAVE A MOTION OR, OR ANY DISCUSSION BEFORE WE MAKE A MOTION? SO MOVED. OKAY, SO WE HAVE A MOTION. DO WE HAVE A SECOND? SECOND. SO WE HAVE A MOTION IN A SECOND THAT STATES THE REQUEST OF PERMIT IS WITHIN ITS JURISDICTION ACCORDING TO THE TABLE OF PERMISSIBLE USES. UM, ALL IN FAVOR? AYE. ANY OPPOSED? MOTION CARRIES. UH, THE SECOND ONE IN REFERENCE TO THE APPLICATION BEING COMPLETE. SO MOVED. SECOND. SO WE HAVE A MOTION AND THE SECOND THAT THE APPLICATION IS COMPLETE. ALL IN FAVOR? A. AYE. ANY OPPOSED? MOTION CARRIES. UH, NUMBER THREE, IF COMPLETED, AS PROPOSED IN THE APPLICATION, THE DEVELOPMENT WILL COMPLY WITH ALL OF THE REQUIREMENTS OF THIS ORDINANCE. DO WE HAVE ANY DISCUSSION? DO WE HAVE A MOTION? SO MOVED. OKAY, SO WE HAVE A MOTION. DO WE HAVE A SECOND? SECOND AND A SECOND THAT IF COMPLETED IS PROPOSED ANY APPLICATION AND DEVELOPMENT WILL COMPLY WITH ALL OF THE REQUIREMENTS OF THIS ORDINANCE. ALL IN FAVOR? AYE. ANY OPPOSED? MOTION CARRIES ON NUMBER FOUR, THAT THE USE WILL NOT MATERIAL ENDANGER THE PUBLIC HEALTH OR SAFETY IF LOCATED WERE PROPOSED AND DEVELOPED ACCORDING TO THE PLAN AS SUBMITTED DURING ANY DISCUSSION OR A MOTION. MOTION. SO WE HAVE A MOTION. DO WE HAVE A SECOND? SECOND. SO WE HAVE A MOTION AND, AND A SECOND. [00:20:01] UH, THAT THE USE WILL NOT MATERIAL ENDANGER THE PUBLIC HEALTH OR SAFETY IF LOCATED WE'RE PROPOSED AND DEVELOPED ACCORDING TO THE PLAN IS SUBMITTED. ALL IN FAVOR? AYE. AYE. ANY OPPOSED? MOTION CARRIES. UH, NUMBER FIVE, THAT THE USE WILL NOT SUBSTANTIALLY INJURE THE VALUE OF ADJOINING OR ABUTTING PROPERTY OR THAT THE USE IS A PUBLIC NECESSITY. DO WE HAVE ANY DISCUSSION OR A MOTION? SO MOVED. SHOULD WE HAVE A MOTION? HAVE, JUST TO BE CLEAR, MR. TABAK, MS. GRAY IS YOUR MOTION THAT THE USE WILL NOT SUBSTANTIALLY REDUCE THE VALUE OF ADJOINING A BUDDING PROPERTIES THAT IT WOULD SUBSTANTIALLY INJURE THE VALUE OF ADJOINING OR A BUDDING PROPERTY. OKAY, THAT'S THE MOTION. SECOND. SO WE HAVE A MOTION AND A SECOND. AND THE MOTION IS THAT THE USE WILL NOT SUBSTANTIALLY INJURE THE VALUE OF THE ADJOINING OR ABUTTING PROPERTY. DO WE HAVE ANY ADDITIONAL DISCUSSION? DO WE HAVE A MOTION? UH, DO WE HAVE ALL IN FAVOR? I GUESS SINCE WE HAVE A MOTION AND A SECOND. A AYE. ANY OPPOSED? MOTION CARRIES. NUMBER SIX IS THAT THE LOCATION AND CHARACTER OF THE USE IF DEVELOPED ACCORDING TO THE PLAN IS SUBMITTED AND APPROVED, WILL BE IN HARMONY WITH THE AREA IN WHICH IT IS TO BE LOCATED IN, IN GENERAL CONFORMITY WITH THE PLAN OF DEVELOPMENT OF THE CITY. DO WE HAVE ANY DISCUSSION OR A MOTION? SO WHO DO WE HAVE A MOTION? DO WE HAVE A SECOND? SECOND. OKAY. A MOTION AND A SECOND THAT THE LOCATION AND CHARACTER OF THE USE THAT DEVELOPED ACCORDING TO THE PLAINTIFF SUBMITTED AND PROOF WILL BE IN HARMONY WITH THE, IN WHICH IT IS TO BE LOCATED IN GENERAL CONFORMITY WITH THE PLAN AND DEVELOPMENT OF THE CITY. ALL IN FAVOR? A. ANY OPPOSED? MOTION CARRIES. UM, DO WE HAVE ANY CONDITIONS TO DISCUSS OR ARE WE READY TO HAVE THE OPPORTUNITY TO GRANT THE SPECIAL USE PERMIT? NONE. NO DISCUSSION. NO CONDITIONS. SO, UH, DO WE HAVE A MOTION, UM, TO GRANT THE SPECIAL USE PERMIT? SO MOVED. DO WE HAVE A SECOND? SECOND. SO WE HAVE AN MOTION SECOND TO GRANT A SPECIAL USE PERMIT. TWO REFRESHING LIVES CHURCH. UH, AND THAT'S UP 0 0 3 4 7 9 DASH 2 0 26. ALL IN FAVOR? AYE. ANY OPPOSED? MOTION CARRIES. YEAH, THANK YOU. WE APPRECIATE Y'ALL COMING IN AND HAVING A GOOD PRESENTATION AND HAVING ALL THE DOCUMENTS IN ORDER. YEAH, SHE'S ALRIGHT. AND, UH, MR. CHAIRMAN, WE'RE GONNA PROCEED TO THE OTHER ITEM THAT WAS PREVIOUS TO THIS ONE. THIS IS SARGO. SHOULD WE DO A SWEARING IN AGAIN NOW OR SHOULD WE WAIT UNTIL NO, WE, WE SHOULD GO AHEAD AND DO THAT RIGHT NOW. YES SIR. MR. CHAIRMAN, THANK YOU FOR REMINDING US. SO ARE Y'ALL GONNA SPEAK, UM, IN REFERENCE TO THE SPECIAL USE PERMIT ON DAY SPRINGS? IF, IF WE DO, WE HAVE TO SWEAR IN. OKAY. THANK YOUR RIGHT HAND. SO, SO YEAH, RAISE YOUR RIGHT HAND. DO YOU SOLEMNLY SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD? I DO. YEAH. THANK YOU SIR. ALRIGHT, MR. CHAIRMAN, I'M GONNA BEGIN WITH DAY SPRING CHRISTIAN ACADEMY AND THIS IS SUP 0 0 3 4 3 8 20 26 AND THE PROPOSED USE IS 5.110. THIS IS FOR A ELEMENTARY AND SECONDARY, UM, ESSENTIALLY A SCHOOL INCLUDING ASSOCIATED GROUNDS IN ATHLETIC AND OTHER FACILITIES. AND THE REQUEST SUMMARY HERE, UH, THE APPLICANT AND OWNER IS DAY SPRING MINISTRIES OF NEW BERN, NORTH CAROLINA OR, UH, DAY SPRING MINISTRIES OF NEW BERN KING. I'M SORRY, THE LOCATION IS FOUR 21ST STREET AND 1248 P*****K STREET, NEW BRUN, NORTH CAROLINA. UH, THE TOTAL ACREAGE HERE IS 0.55 AND THE PARCEL IDENTIFICATION NUMBERS ARE EIGHT DASH ZERO 11 DASH A DASH 2 26 AND EIGHT DASH ZERO 11 DASH A DASH 2 28. UM, AND THE ZONING DISTRICT FOR THE PROPERTIES COMMERCIAL THREE OR C DASH THREE, UH, THE OTHER POINT I SHOULD MAKE AS WELL, UH, THAT IS NOT, THE ACREAGE IS NOT REFLECTED FOR THE COMBINATION OF THE TWO PARCELS 'CAUSE THIS IS TWO SEPARATE PARCELS. SO THAT'S WHY THERE'S TWO ADDRESSES THAT ARE, UM, CURRENT RIGHT NOW. SO I BELIEVE THE TOTAL ACREAGE IS 2.05, SO I APOLOGIZE ABOUT THAT. AND HERE'S THE REFLECTION [00:25:01] FOR THE VICINITY MAP THAT SHOWCASES BOTH PARCELS AND THAT'S FOLLOWED BY OUR BUFFER MAP THAT WAS TAKEN ESSENTIALLY FOR THE ENTIRETY OF THE, FOR BOTH PARCELS INCLUSIVE TO THAT, THAT A HUNDRED FOOT RADIUS THAT WE'RE REQUIRED TO DO FOR NOTIFICATION AND AN AERIAL, WHICH IS GONNA REFLECT WHAT'S ON THE GROUND CURRENTLY. AND THAT'S FOLLOWED BY OUR ZONING MAP HERE. AND AGAIN, IT REFLECTS THAT C3 COLOR, UH, THAT IS THE RED COLOR AND ADDITIONAL CONSIDERATION. UM, WE CAN CONFIRM OR STAFF CAN CONFIRM THAT THE APPLICATION SUBMITTED WAS DEEMED TO BE COMPLETE. UM, IT WAS ALSO, UH, WITHIN ITS JURISDICTION IN ACCORDANCE WITH OUR TABLE OF USES. AND FROM STAFF'S PERSPECTIVE, A CONDITION MAY NEED TO BE IMPOSED, UH, BECAUSE THE PROPERTY HAS NOT BEEN SUCCESSFULLY RECOMBINED AT THIS TIME. SO FOR AN EXAMPLE, I HAVE THAT HERE, IT WOULD JUST BASICALLY BE AS SIMPLE AS SAYING NO FURTHER ACTIVITY PENDING APPROVAL OF THE SPECIAL USE PERMIT CAN BE CONDUCTED UNTIL THE RECOMBINATION HAS BEEN SUCCESSFULLY COMPLETED. SO THAT WOULD BE REALLY AT THE BOARD'S PREROGATIVE. UM, THAT IS JUST A SUGGESTION FROM STAFF. AND THIS IS DONE FOLLOWED BY THE SITE PLAN, WHICH IS, UH, REFLECTIVE OF WHAT'S BEING PROPOSED. AND IF THE BOARD HAS ANY QUESTIONS, I'LL TAKE THOSE AT THIS TIME. YES, SIR. BY RECOMBINATION YOU MEAN TAKING THE TWO TRACKS AND MAKING THEM INTO ONE? THAT'S CORRECT, YES, SIR. WERE, WERE THEY THAT WAY PREVIOUSLY? NOT TO MY KNOWLEDGE. I BELIEVE THEY'VE ALWAYS BEEN SEPARATED. THERE WAS A PREVIOUS, UH, SPECIAL USE PERMIT THAT WAS OBTAINED FOR AN ADDITION AND I WAS IN THE BELIEF AS FAR AS HER STAFF WAS IN THE BELIEF THAT IT WAS GOING TO BE RECOMBINED DURING THAT PERIOD. BUT UNFORTUNATELY THIS HAS NOT BEEN FULLY EXECUTED YET. BUT THE MAP HAS BEEN SIGNED FROM WHAT I CAN RECALL. AND BASICALLY IT'S JUST EXECUTING A NEW DEED. WHAT WOULD THE BENEFIT BE OF THE RECOMBINATION FOR THE SUGGESTED USE? IT ACTUALLY BASICALLY BRINGS EVERYTHING TOGETHER BECAUSE THIS IS KIND OF LIKE, IF, IF I CAN REALLY SAY IT'S MORE JOINT, SO IT'S RESPECTIVE TO THE PARKING AS WELL. UM, AND ESSENTIALLY THE APPLICANT HAD EXPRESSED THAT THEY WILL COMPLY AND HAVE IT RECOMBINED THROUGH THE DRC COMMENT RESPONSE LETTER. SO THE IDEA WAS NOT TO, UH, PROLONG THIS PROCESS BECAUSE THE APPLICANT DID, UH, EXPLAIN THAT THEY WOULD ABIDE BY THE RECOMBINATION AND OBTAIN THAT. IS THAT THE REASON WHY IT WAS MOVED FROM APRIL? NO, THE REASON WHY IT WAS MOVED FROM THE APRIL UH, HEARING WAS DUE TO THE APPRAISAL REPORT. OKAY, THANK YOU. YES, KENDRICK, HOW LONG DOES THAT PROCESS TAKE FOR THE RECOMBINATION? IT, IT'S VERY SHORT. UM, I, IT JUST DEPENDS ON THE ATTORNEYS THAT HAVE TO DRAFT THE DEEDS TOGETHER. AND ONCE THAT'S DRAFTED, I BELIEVE IT JUST GETS RECORDED WITH THE REGISTER OF DEEDS. SO I CAN SAY THAT I BELIEVE THE MAP IS COMPLETED. 'CAUSE I'M PRETTY CERTAIN THAT WE HAD SIGNED OFF ON THAT ALREADY. IT'S JUST RECORDING THE DEED AND THE MAP AT THE REGISTER OF DEEDS. SO IT'S A FAIRLY QUICK PROCESS. DOES THAT PRESENT A HARDSHIP? NO, NO MA'AM. OKAY. SO THE TWO PARCELS I'M ASSUMING ARE TWO SEPARATE TAX PARCELS? THAT'S CORRECT. EVEN THOUGH THEY'RE BY THE SAME OWNER? YES, THAT'S CORRECT. YES, SIR. MR. CHAIRMAN. SO THE CONCERN OF NOT HAVING 'EM TOGETHER IS THAT ONE COULD BE SOLD AND YOU WOULDN'T HAVE ENOUGH PARKING SPACES OR SOMETHING. OKAY. ABSOLUTELY. OKAY. YES SIR. IN THE, IN THE PACKET WE HAVE AN APPRAISAL. YES. IT'S A REVIEW OF A PRIOR APPRAISAL. IT LOOKS TO JUST BE AN APPRAISAL OF THE PROPERTY WE'RE TALKING ABOUT HERE. YES SIR. THAT WAS FROM THE PREVIOUS HEARING. OKAY. THERE HASN'T BEEN ANY UPDATES THUS FAR THAT I'VE RECEIVED. UM, BUT I WILL OF COURSE LET THE APPLICANT SPEAK TO THAT THEY HAVE ENOUGH UPDATE. UM, BUT I WANTED TO MAKE SURE ALL THE MATERIALS WERE INCLUDED FOR YOU EVEN AT THIS HEARING AS WELL. THANK YOU. YES, SIR. MR. CHAIR, MEMBERS OF THE BOARD, JUST BEAR IN MIND THAT THIS IS A QUASI-JUDICIAL HEARING, SO THE RULES OF EVIDENCE, UM, DO GENERALLY APPLY. SO JUST BEAR THAT IN MIND AS YOU GO THROUGH YOUR APPLICATION MATERIALS. SO ON THE APPRAISAL REPORT, I THINK WE HAVE A BANK OF AMERICA APPRAISAL THAT'S 2001. YES, SIR. UM, AND IT REALLY DOESN'T TALK ABOUT WHETHER THE USE WILL AFFECT ADJOINING OWNERS. IT MORE OR LESS TALKS ABOUT THE VALUE OF THE PROPERTY IN GENERAL AND IMPROVEMENTS. UM, IS THAT TYPICAL? UM, AND FROM A CONSIDERATION STANDPOINT, HOW WOULD THAT DIFFER FROM A DIFFERENT TYPE OF APPRAISAL THAT WOULD TALK DIRECTLY TOWARDS, UM, ADJOINING PROPERTIES? WELL, I THINK YOU MIGHT BE ASKING FOR SOME LEGAL ADVICE. I'LL JUMP IN, IN A WAY. YES. YES SIR. SO IF YOU, IF YOU REFRESH YOURSELF ABOUT THE CRITERIA THAT'S SET OUT IN THE ORDINANCE, UM, THE QUESTION FOR YOU ALL TO CONSIDER IS WHETHER THE USE WILL SUBSTANTIALLY, THE USE [00:30:01] WILL SUBSTANTIALLY REDUCE THE VALUE OF ADJOINING OR ABUDDING PROPERTY OR THE USE IS A PUBLIC NECESSITY. SO REALLY AND TRULY, WHEN YOU'RE EVALUATING, UM, EXPERT TESTIMONY OR EXPERT OPINIONS ON THE ISSUE OF VALUE, YOU WANT THOSE OPINIONS TO ADDRESS THE PROPOSED USE AND HOW THAT, HOW THE VALUES OF OTHER PROPERTIES MAY BE IMPACTED, IF AT ALL, A VALUATION LETTER TALKING ABOUT THE PROPERTY VALUE OF THE SUBJECT PROPERTY IS NOT RESPONSIVE TO THE INQUIRY BEFORE YOU. AND AS YOU KNOW, YOU HAVE TO CONSIDER COMPETENT MATERIAL, SUBSTANTIAL EVIDENCE AND EVIDENCE THAT PURPORTED EVIDENCE THAT DOES NOT SPEAK TO THE ULTIMATE ISSUE YOU MAY DETERMINE IS NOT COMPETENT MATERIAL OR SUBSTANTIAL. UM, SO IF WE'RE TALKING ABOUT NUMBER FIVE IN, IN GENERAL, UM, SINCE IT HAS THE WORD OR, OR IS A PUBLIC NECESSITY THAT'S, THAT'S RIGHT. YOU CAN HIT EITHER PROBLEM. OKAY. ARE WE GOOD THERE? OKAY. YEAH. THANK YOU. SO AT THIS TIME WE'D LIKE THE APPLICANT TO COME FORWARD AND SPEAK AND PLEASE STATE YOUR NAME AND ADDRESS. GOOD AFTERNOON. MY NAME IS COLIN ROGERS. ADDRESS IS, UH, 2 1 3 FAIRMOUNT WAY HERE IN NEW BERN. UM, WE HAVE COMPLETED THE RECOMBINATION PROCESS. I HAVE A DEED HERE, UH, SHOWING THAT THAT HAS BEEN TAKEN CARE OF. MR. CHAIR, JUST FOR PURPOSES OF THE RECORD, EXCUSE THAT, UM, MR. ROGERS HAS, UH, IS TENDERING A DOCUMENT THAT IS CAPTIONED DEED OF RECOMBINATION FOR TAX PARCELS EIGHT DASH 0 1 1 A 2 2 6 AND EIGHT DASH ONE ONE A 2 2 8. UM, AND THAT IS BETWEEN DAY SPRINGS MINISTRIES, NORTH CAROLINA NEWBURN INC. AND DAY SPRINGS, THE SAME GRANTOR GRANTEE. AND THIS IS OF RECORD AND THE CRAVEN COUNTY REGISTER OF DEEDS IN BOOK 3 8 8 1 PAGE 3 3 7. AND MR. STANTON WILL CIRCULATE THAT FOR YOUR CONSIDERATION, SIR. THANK YOU. YEAH, THANK YOU. ALSO, WE HAVE OBTAINED A, A COPY OF THE, UH, EVALUATION REPORT. UH, WE WERE UNAWARE UNTIL THIS WEEK THAT WE HAD TO HAVE SOMEONE PRESENT TO TESTIFY AND THE ONE WHO DID THE EVALUATION IS IN NORFOLK, VIRGINIA. HE'S NOT FROM THIS AREA. SO, UM, IF THIS IS AN ISSUE, WE WOULD LIKE TO CONTINUE THAT PART IF AT ALL POSSIBLE SO WE CAN MAKE ARRANGEMENTS TO HAVE SOMEONE TO SPEAK ON OUR BEHALF. SO I GUESS THAT WOULD BE YOUR REQUEST, YOU KNOW, TO CONTINUE OR NOT. AND I THINK DURING THE DISCUSSION WITH JAMIE A MINUTE AGO, THERE IS AN OPPORTUNITY FOR THE BOARD TO USE ON NUMBER FIVE AS A PUBLIC NECESSITY. SO DO, WHERE, WHERE DO WE GO THERE? SHOULD WE JUST ACCEPT AND SAY THAT WE WANT TO CONTINUE OR, WELL, I THINK WE HAVE A MOTION FROM THE APPLICANT TO CONTINUE THE HEARING, CONTINUE THIS PUBLIC HEARING TO A LATER DATE, UH, BECAUSE THEY DO HAVE EXPERT TESTIMONY AVAILABLE. SO I'M HEARING ON THE ISSUE OF ADJOINING PROPERTY VALUE AND WOULD LIKE TO HAVE AN OPPORTUNITY TO HAVE THEIR WITNESS TESTIFY BEFORE YOU. I THINK THAT'S WHAT MR. ROGERS IS REQUESTING. YES, MA'AM. UM, WE, WE UNDERSTOOD THE APPLICATION TO SAY OR, AND SO WE GOT THE, THE REPORT DONE AND, UH, WE, BUT WE DON'T HAVE ANYBODY TO SPEAK ON OUR BEHALF. UM, YEAH, THANK YOU. SO DO WE NEED A MOTION TO CONTINUE, UM, ON OUR REQUEST OR DISCUSSION? I'M SORRY? I'M SORRY. THAT DATE SERVED WOULD BE JUNE 25TH, 2020 SIXTH, 25TH? YES, SIR. THAT'S CORRECT. AND IF THE BOARD IS INCLINED TO GRANT MR. ROGERS' REQUEST, UM, I THINK THERE'S ALREADY EVIDENCE IN THE RECORD FOR A SUBSTANTIAL NUMBER OF THE CONSIDERATIONS BEFORE YOU, SO WE WOULD JUST BE CON CONTINUING THE, THE HEARING TO ELICIT ADDITIONAL EVIDENCE FOR THE MATTERS THAT MAY BE UNRESOLVED. HE DOESN'T NEED TO COME AND PRESENT EVERYTHING ALL OVER AGAIN. OKAY. MAY WE MAKE A COMMENT REGARDING THE APPRAISAL THAT IS IN HERE? JUST IF WE THINK IT WOULD BE HELPFUL, MR. ROGERS? SURE. SO, UM, THE APPRAISAL I THINK WE HAVE IS JUST ON THE PROPERTY THAT YOU OWN, WHERE YOU WANNA PUT THE SCHOOL. UM, IT'S MY UNDERSTANDING WE WOULD ALSO NEED SOMEONE TO TALK ABOUT WHETHER IT WOULD AFFECT THE VALUE OF THE ADJOINING OR ABUTTING PROPERTIES. YES, SIR. I, I HAVE A REPORT. OH, VERY GOOD. OKAY. I DO. OKAY, GOOD. IT'S MAKE SURE IT'S NOT HERE TO PHYSICALLY ANSWER ANY QUESTIONS. SO YOU WEREN'T JUST TRYING TO GET THE GUY FROM, UH, BANK OF AMERICA, YOU HAVE AN ADDITIONAL REPORT. CORRECT. UM, JUST RECENTLY WE, UH, SOLD A PORTION OF THE PROPERTY AND WE EMBARKED [00:35:01] UPON A BUILDING PROJECT, WHICH REQUIRED A NEW, UM, APPRAISAL TO BE DONE. IT WASN'T DONE ON OUR BEHALF, SO WE DIDN'T HAVE ACCESS TO IT. UM, BUT THE SAME GENTLEMAN WROTE THE REPORT CONCERNING THE, UH, THE, UH, EFFECT ON THE EVALUATION OF THE PROPERTIES AROUND US. VERY GOOD. THANK YOU. SO AT THIS MOMENT, IF THE BOARD IS SO INCLINED, YOU CAN ENTERTAIN A MOTION TO CONTINUE THE APPLICATION FOR DAY SPRINGS CHRISTIAN ACADEMY TO THE REGULAR MEETING IN JUNE, WHICH IS JUNE 25TH AT 5:30 PM IN THE CITY HALL FORT WORTH. SO DO WE NEED TO RESTATE OF, OR CAN WE MAKE A MOTION, AS YOU DESCRIBED, YOUR MOTION IS TO CONTINUE THE APPLICATION FOR DAY SPRINGS CHRISTIAN ACADEMY TO JUNE 25TH, 2026 AT SIX, AT 5:30 PM IN THE CITY HALL COURTROOM TO ALLOW THE APPLICANT APPLICANT ADDITIONAL TIME TO PRESENT ADDITIONAL INFORMATION. THAT'S THE MOTION. SO ARE WE ABLE TO VOTE SOMEONE TO MAKE THAT MOTION TO STATE? SO MOVED. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? AYE. ANY OPPOSED? MOTION CARRIED. SO THANK YOU FOR STATING THAT FOR US. YES. YOU TAKE FOR THE DISCUSSION ON THE APPRAISAL. YEAH. UM, YEAH, SO WE'RE GOOD. WE'RE CONTINUED, UM, TILL JUNE 25TH, 2026 AT FIVE 30. OKAY. AND, UH, I APPRECIATE Y'ALL BEING, UH, FAVORABLE TO THAT AND THAT'LL HELP GET ALL THE RECORDS STRAIGHT AND MOVE FORWARD. THANK YOU VERY MUCH. UH, SO WE'RE MOVE DOWN [VII. NEW BUSINESS] TO NEW BUSINESS. YES, SIR. IN FRONT OF YOU ALL. I WAS UNABLE TO INCLUDE THIS IN YOUR PACKET, BUT I HAVE IT HERE TODAY. UH, I WORK , UH, AND JUST TO TRY TO GET THIS AS BUTTONED UP AS POSSIBLE, BUT AN UPDATED VERSION OF THE RULES AND PROCEDURES THAT'S THERE, UH, YOU CAN DISREGARD OTHER BOARD LETTER. I WASN'T CERTAIN THAT TO WHETHER OR NOT COMPANY MAY NOT DISREGARD THE WORK THAT'S THERE. BUT IN REGARDS TO THE UPDATED VERSION, PLEASE SAY YOU TRY TO DO A REVIEW. IF YOU HAVE QUESTIONS OR YOU FEEL THAT YOU, OR FEEL FREE TO JUST REACH OUT TO ME DIRECTLY ALL TOGETHER IF YOU HAVEN OR ANYTHING, FEEL FREE TO JUST MAKE A MENTION DIRECTLY TO, AND I CAN TRY TO WORK ON THAT. THAT'S, THAT'S YOU DISCUSS SOMETHING HERE. THIS BE A GREAT TIME TO HAVE THAT DISCUSSION, ANSWER YOUR QUESTIONS. SO DO WE HAVE ANY DISCUSSION IN REFERENCE TO THE SPECIAL USE PERMIT AND OR POLICY AND PROCEDURE? I COURSE, I THINK ONE, ONE BIG THING THAT IS A CHANGE TO ME IS WE'VE GONE BACK AND FORTH BETWEEN THE THREE MINUTES VERSUS OPEN SPEECH. UM, AND, AND MAYBE WE COULD TALK A LITTLE BIT ABOUT THAT. UM, I WAS ACTUALLY GONNA RECOMMEND THE PUBLIC COMMENT. UM, SO IF THIS NEEDS TO, WHEN WE SAY PUBLIC COMMENT, DO WE WANT TO ASK FOR PARTICIPATION FROM THE PUBLIC AT THE NEXT MEETING TO DISCUSS THAT? OR SHOULD, WHEN ARE WE TALKING ABOUT BOARD MEMBER PUBLIC COMMENT? SO, UH, I THINK, I WANT TO MAKE SURE I'M UNDERSTANDING YOUR QUESTION, MR. CHAIR. IS YOUR QUESTION ABOUT ELICITING PUBLIC COMMENTS ON WHAT RULES OF PROCEDURE YOU SHOULD ADOPT OVER THE PUBLIC COMMENT SCENARIO? 'CAUSE I KNOW WE'VE HAD SOME QUESTIONS AT DIFFERENT MEETINGS IN REFERENCE TO THE THREE MINUTE TOPIC VERSUS OPEN SPEECH, UM, WITH UNLIMITED AND SO YEAH, YOU, YOU CERTAINLY PERMITTED. UM, BUT I'LL REMIND YOU THAT THIS IS THE BOARD'S MEETING. SO THE BOARD DECIDES WHAT YOU ARE GOING TO DO AND WHAT YOU'RE GOING TO ALLOW AS IT RELATES TO PUBLIC COMMENT. I WOULD, UM, ENCOURAGE YOU ALL TO DISTINGUISH OR DIFFERENTIATE BETWEEN COMMENTS MADE DURING EVIDENTIARY HEARINGS BY PARTIES AND GENERALIZED PUBLIC COMMENTS. UM, CERTAINLY THE, WHEN WE'RE THINKING ABOUT FAIRNESS AND DUE PROCESS, WE WANT TO GIVE PARTIES AMPLE OPPORTUNITY TO PRESENT THE EVIDENCE THAT THEY NEED TO IN ORDER TO INFORM YOU ALL, UM, ON THE, THE TOPICS THAT YOU'RE CONSIDERING. I WOULD ENCOURAGE YOU TO VIEW THAT DIFFERENTLY THAN PEOPLE WHO JUST WANT TO COME AND TALK ABOUT CITY ISSUES MORE GENERALLY. SO MAY WE DISTINGUISH THAT IN THE POLICY AND PROCEDURES THAT IT'S SEPARATE IN REFERENCE TO THE TIME? YES SIR. IF A MAJORITY OF YOU ALL ARE IN FAVOR, WE CAN CERTAINLY, UM, MAKE SURE THAT THAT DISTINCTION IS MADE VERY CLEAR IN THE NEXT VERSION OF RULES OF PROCEDURES [00:40:01] THAT YOU RECEIVE. WHAT DO Y'ALL THINK? YEAH, MAYBE WE COULD, PUBLIC COMMENT IS FROM PEOPLE WHO ARE NOT PRESENTERS OF THE RIGHT OF THE, UM, SPECIAL USE PERMIT OR APPLICATION. SURE. YOU CALL THAT PUBLIC COMMENT. AND THE OTHER IS JUST A PRESENTATION OF YEAH. PERMIT WHATEVER THERE ANY PUBLIC DISCUSSION COMMENT. SO IF I'M UNDERSTANDING THE PUBLIC COMMENT IS, IS PORTION IS JUST FOR ANYONE WHO WANTS TO COME IN AND SPEAK ABOUT CITY BUSINESS, CORRECT? IS THAT WHAT WE'RE DISCUSSING? WE'RE DISCUSSING DISTINGUISHING COMMENTS MADE ON APPLICATIONS VERSUS GENERAL COMMENTS ABOUT CITY ISSUES THAT MIGHT BE GERMANE TO THE BOARD OF ADJUSTMENT. TRY TO ADD TO THAT. I BELIEVE THE, THE MAIN POINT IS TO UNDERSTAND PERSONS WITHSTANDING MM-HMM . THAT'S WHAT YOU'RE GONNA WANNA FOCUS ON. JUST AS SOME OF THE, UM, DIFFERENT THINGS THAT CAME UP WITH TRAINING REGARDING WHAT FOLKS HAVE STANDING, THEY'RE SPEAKING TO AN ITEM, WHAT FOLKS DO NOT. UM, SO THAT'S VERY IMPORTANT VERSUS SOMEBODY WHO JUST WANTS TO HAVE A GENERALIZED COMMENT. OKAY. MR. YEAH, MR. CHAIRMAN, I I HAVE A QUESTION IN REGARDS TO THE PUBLIC COMMENTS. UH, AS LONG AS THE AUDIENCE OR THE PERSON MAKING THE PUBLIC COMMENTS DOES NOT FEEL THAT THEY ARE GOING TO CHANGE OUR RULES AND PROCEDURES BY MAKING THEIR COMMENTS IT, THAT IT'S A CONCERN TO ME THAT SOMEONE WOULD FEEL THEY COULD COME AND MAKE COMMENTS AND EXPECT US TO MAKE CHANGES BASED ON THOSE COMMENTS, MIKE, PROVIDE SOME CLARITY THERE. UH, AS FAR FOR IF SOMEBODY WERE TO SPEAK OR PROVIDE COMMENTS THAT IS NOT THE APPLICANT, AND THEY MAY OR MAY NOT BE OPPOSED BEFORE THE ACTUAL ITEM, SO LONG AS THEY CAN PROBABLY EXPLAIN HOW THEY HAVE STANDING, YOU WOULD ESSENTIALLY ABLE TO ENTERTAIN WHAT THEY'RE EXPLAINING. DOESN'T MEAN THAT'S EVIDENCE THAT SORT, THEY HAVE THE ABILITY TO PRESENT THAT, BUT THEN WE'RE GONNA KIND OF MOVE AWAY FROM THAT. IF IT'S SOMEBODY WHO ESSENTIALLY WANTS TO SPEAK AT THE END OF THE ACTUAL HEARING JUST TO PROVIDE A GENERALIZED COMMENT OF HOW THEY FELT, THEN THAT WOULD BE SEPARATE FROM THE ACTUAL ITEM ITSELF. SO, SO FOR EXAMPLE, TO ILLUSTRATE MR. STANTON'S POINT DURING, UM, THE FIRST APPLICATION THAT YOU HEARD TONIGHT, THERE WERE A COUPLE OF WITNESSES THAT OFFERED EVIDENCE TO YOU ALL ON THE SPECIALTIES DEPARTMENT APPLICATION. THE CHAIR DID NOT IMPOSE A TIME LIMIT ON THOSE WITNESSES THAT WERE ABLE TO DISCUSS WHAT THEY NEEDED TO DISCUSS WITH YOU ALL. LET'S JUST SAY AS A HYPOTHETICAL, THERE WAS A, A PERSON WITH STANDING WHO HAD EVIDENCE TO PRESENT IN OPPOSITION. UM, WHAT WE ARE TRYING TO ELICIT FROM YOU IS, WOULD A TIME CONSTRAINT BE APPLIED TO THAT INDIVIDUAL WHO WOULD WANT TO PRESENT EVIDENCE IN OPPOSITION TO THE APPLICANT? OR IF A PERSON CAME AND WANTED TO PRESENT ADDITIONAL EVIDENCE, UM, IN FAVOR OF THE APPLICATION, WOULD A TIME LIMIT APPLY TO WITNESSES WHO ARE NOT CALLED BY THE APPLICANT? THAT'S THE QUESTION. WOULD YOU BE ABLE TO SAY THAT THE CHAIR HAS DISCRETION TO IMPOSE A TIME LIMIT? I I THINK WHAT MANY BOARDS DO IS THE CHAIR HAS DISCRETION TO ASK A GROUP TO APPOINT A, A SPOKESPERSON, RIGHT? SO IF YOU HAVE LOTS OF PEOPLE WHO ARE INCLINED TO WANT TO PRESENT EVIDENCE, YOU CAN GROUP THEM TOGETHER AND THE CHAIR CAN ALSO, UM, PIVOT IN THE EVENT THAT THE EVIDENCE BECOMES REPETITIVE. RIGHT? AND I THINK SOME OF THAT LANGUAGE IS IN THE DRAFT THAT YOU HAVE BEFORE YOU TODAY. DOES THAT ANSWER THE QUESTION? YES. AND, AND JUST BY CONTINUATION, UM, SINCE THE, THE HEARINGS ARE NOW CONCLUDED, IF THERE WAS SOMEONE IN THE AUDIENCE WHO JUST HAD A BURNING DESIRE TO ADDRESS THE BOARD, THE BOARD OF ADJUSTMENT, THEN YOU ALL COULD, UM, IN THEORY ALLOW FOR A GENERALIZED PUBLIC COMMENT PERIOD. THEY WOULDN'T BE COMMENTING AND OFFERING EVIDENCE TO YOU ALL, BUT THIS WOULD BE A FORM FOR THEM TO ADDRESS YOU. UM, I, I DON'T KNOW PRACTICALLY HOW THAT, HOW, UM, PRACTICAL THAT IS BECAUSE YOUR, YOUR DOMAIN IS GENERALLY QUASI-JUDICIAL ISSUES, NOT JUST GENERAL CITY ISSUES. SO IT, IT MAY BE THAT YOU CONSIDER THAT AS YOU'RE CONTEMPLATING GIVING DIRECTIONS TO STAFF THREE. SORRY. WOULD, WOULD THOSE PERSONS STILL NEED TO SIGN IN AND BE SWORN IN? THEY WOULD NOT NEED TO BE SWORN IN AS THEY'RE NOT OFFERING EVIDENCE. EVIDENCE. OKAY. YEAH. MAYBE A THREE MINUTE TIME LIMIT FOR FOLKS THAT DON'T HAVE STANDING WITH THE BOARD, THE BOARD CHAIR HAVING DISCRETION TO WAIVE THAT JUST LIKE YOU KIND OF DID TODAY. BUT SURE. I MEAN, SO IF FOLKS DON'T HAVE STANDING THEY SHOULDN'T BE TESTIFYING. NO. NOT TESTIFYING THE COMMENTS AT THE COMMENTS. OKAY. THANK COMMENTS. IS [00:45:01] THERE A GENERAL CONSENSUS REGARDING THAT? YEAH. OKAY. ARE WE GOOD? PROBABLY COMMENTS LIMITED TO THREE MINUTES. YEAH. THREE MINUTES. BUT THEN THE BOARD HAS DISCRETION IF IT'S HELPFUL TO CAN TO, UM, PROVIDE ADDITIONAL TIME DEPENDING ON YEAH. THE MOJO. YEAH. AND FOR THAT GENERALIZED COMMENT COMMENT, SHOULD THEY STILL SIGN IN? JUST NOT BE SWORN IN, BUT SHOULD WE HAVE THEM SIGN IN SO THAT WE KNOW MY BELIEF WOULD BE, SO I SIGN THAT JUST TO AT LEAST SHOW THAT THEY WERE ATTENDANCE AND WE HAVE RECORD. SO WOULD WE WANT A SEPARATE SIGN IN SHEET FOR PUBLIC COMMENT VERSUS YES, ABSOLUTELY. YES SIR. I CAN ABSOLUTELY DO ABOUT THAT WOULD BE ANYTHING THAT EXCUSE, THAT WOULDN'T BE ANYTHING. YEAH, I THINK THAT WAY WOULD BE A LOT EASIER FROM A DISTINGUISHING STANDPOINT WHEN I HAVE THE LIST TO KNOW WHERE WE'RE AT THERE. YEAH. MM-HMM . GOOD. THANK YOU. MM-HMM . OR ANYBODY ELSE WHO WAS SITTING OVER HERE? YEAH. ANY ADDITIONAL COMMENTS, QUESTIONS? DO WE HAVE A MOTION TO ADJOURN? SO MOVED. , DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? 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.