April 11, 2017

MEMO TO:           Mayor Barber and Board of Commissioners

FROM:                  Frank A. Rush, Jr., Town Manager

SUBJECT:           Appointments - Board of Adjustment – 4 Vacancies - (Summary & Suggested Motions)

There have been 2 vacancies on the Board of Adjustment for several months.  The terms of Board of Adjustment members Don Wells and Mark Brennesholtz will also expire in May, and the Board should fill at least 2 of the 4 vacancies to insure that the Board of Adjustment has a total of 5 participating members for a future meeting. 

The Board of Adjustment includes a total of 5 regular members and 2 alternate members.  The regular members serve a 3-year term, and the alternate members serve a 2-year term.  If the Board is inclined, I would recommend the “promotion” of alternate member #1, Chad MacAvery, to a regular member position on the Board of Adjustment that expires in May 2018, and then appoint two other regular members and two new alternate members.  Both Don Wells and Mark Brennesholtz have expressed a willingness to serve on the Board of Adjustment for another term.   

The Board of Adjustment has not met since November 2011 – more than 5 years ago.  (There were, however, 4 members in attendance at the June 2016 training session presented by the UNC School of Government.)  NC General Statutes allow either the Board of Commissioners or the Planning Board to fulfill the duties of the Board of Adjustment if desired, and the Board may wish to also consider this option.  The Board of Adjustment is tasked with considering variances and appeals of staff decisions, and operates under quasi-judicial procedures.  If the Board decides to task the Board of Commissioners or the Planning Board with these duties, Town staff will present the appropriate amendments to the Town’s Unified Development Ordinance at an upcoming Board meeting.