E. Voting. No member shall be excused from voting except upon matters involving the consideration of the member’s own financial interest, official conduct, or on matters in which the member is prohibited from voting under North Carolina General Statutes §14-234, and/or §160D-109. In all other cases, a failure to vote by a member who is physically present at the Town Board of Commissioners meeting, or who has withdrawn without being excused by a majority vote of the remaining members present, shall be recorded as an affirmative vote. The question of the compensation allowances of members of the Town Board of Commissioners is not a matter of involving a member's own financial interest or official conduct. An affirmative vote shall be determined as follows:
i. Majority Vote . An affirmative vote equal to a majority of all the
members of the Town Board of Commissioners not excused from voting on the question in issue, including the Mayor’s vote in case of an equal division, shall be required to adopt an ordinance, take any action having the effect of an ordinance, authorize or commit the expenditure of public funds, or make, ratify, or authorize any contract on behalf of the Town.
(3) Conducting the Evidentiary Hearing. The board conducting an evidentiary hearing shall open the evidentiary hearing and proceed in accordance with the standards of this Article and the North Carolina General Statutes as follows: A. Administrative Materials. The Clerk to the Board shall transmit to the board all applications, reports, and written materials relevant to the matter being considered. The administrative materials may be distributed to the members of the board prior to the hearing if at the same time they are distributed to the board a copy is also provided to the appellant or applicant and to the landowner if that person is not the appellant or applicant. The administrative materials shall become a part of the hearing record. The administrative materials may be provided in written or electronic form. Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the board at the hearing. B. Presentation of Evidence. The applicant, Town staff, and any person who would have standing to appeal the decision under G.S. 160D-1402(c) shall have the right to participate as a party at the evidentiary hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the board. Objections regarding jurisdictional and evidentiary issues, including, but not limited to, the timeliness of an appeal or the standing of a
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