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4 <br /> 1 The Board considered an application from the Parker family to certify 293 acres of the <br /> 2 Parker farm within the Caldwell voluntary agricultural district, and enroll the lands in the <br /> 3 Voluntary Agricultural District program. <br /> 4 Commissioner Jacobs said that he pulled this to recognize the family that entered into a <br /> 5 voluntary agricultural district and cared enough about conserving agriculture in Orange County. <br /> 6 The Parker family is putting 293 acres into the program and this pushes Orange County to over <br /> 7 3,000 acres that are in voluntary agriculture districts. <br /> 8 Dave Stancil said that the Parker family is present tonight. <br /> 9 <br /> 10 A motion was made by Commissioner Jacobs, seconded by Commissioner McKee to <br /> 11 approve an application from the Parker family to certify 293 acres of the Parker farm within the <br /> 12 Caldwell voluntary agricultural district, and enroll the lands in the Voluntary Agricultural District <br /> 13 program. <br /> 14 VOTE: UNANIMOUS <br /> 15 <br /> 16 6. Public Hearinqs <br /> 17 a. Eno Economic Development District (EDD) Area Land Use and Zoninq <br /> 18 Amendments <br /> 19 The Board received the Planning Board recommendation, closed the public hearing, and <br /> 20 considered a decision on County-initiated amendments to the Future Land Use Map and Zoning <br /> 21 Atlas. <br /> 22 Chair Pelissier said that this public hearing is only open to receive the Planning Board <br /> 23 recommendation and written comments. She asked the County Attorney to explain why oral <br /> 24 comments are not being considered at this time. <br /> 25 John Roberts said that the reason this Board cannot hear oral comments at this meeting <br /> 26 is because the UDO requires both legislative and quasi-judicial hearings conducted during the <br /> 27 QPH and reconvene the public hearings for the purpose of receivinq the Planninq Board's <br /> 28 recommendation and to receive anv written comments. He has previously verbally informed the <br /> 29 BOCC that in his opinion, once the public hearing is adjourned for that purpose further oral <br /> 30 testimony/comment should not be accepted at the reconvened public hearing and once the <br /> 31 original hearing takes place, it is referred to the Planning Board. <br /> 32 By ordinance the County Commissioners cannot receive any more oral comments and <br /> 33 secondly, important legal reason to avoid accepting further oral testimony/comment once a <br /> 34 motion is made and passed wherein the sole stated purpose of adjourning and reconvening the <br /> 35 public hearing is to receive the Planning Board's recommendation and to receive written <br /> 36 comments. If an individual attends the QPH and offers testimony or comments but does not <br /> 37 attend the reconvened hearing because the individual reasonably expects no further oral <br /> 38 testimony/comment will be accepted and oral testimony/comment is then accepted to which the <br /> 39 individual cannot respond, that individual may then have grounds to appeal whatever decision <br /> 40 or policy the BOCC enters. <br /> 41 Chair Pelissier said that although people have signed up to speak, some have sent <br /> 42 written comments already. <br /> 43 <br /> 44 Written comments are shown below: <br /> 45 <br /> 46 <br /> 47 From: Chris Kelsey Imailto:kelsey chris(a7hotmail.com� <br /> 48 Sent: Wednesday, September 05, 2012 2:30 PM <br /> 49 To: Craig Benedict; Bernadette Pelissier; Pam Hemminger (External); Valerie Foushee; Alice <br />