Orange County NC Website
Browse       Search
6 <br /> 1 Michael Harvey: I'll turn it over to the attorney. Thank you, sir. <br /> 2 <br /> 3 (Staff Attorney) James Bryan: Thank you. The Chair asked me to briefly mention some <br /> 4 ground rules for tonight. This is going to be a quasi-judicial hearing, which means that it has to <br /> 5 have a fair trial standard. We have both the petitioner and neighbors represented by attorneys <br /> 6 in this matter. When the witnesses have to be made available for cross examination, since we <br /> 7 have attorneys on both sides, we are going to let the attorneys take the lead on that and offer <br /> 8 their witnesses up to the other for that cross examination. One other point that I wanted to <br /> 9 make,just clarify for myself if nothing else, is the speaker's time - that any witness offered up <br /> 10 will have unlimited time to make their offer of evidence that is competent material and <br /> 11 substantial. <br /> 12 <br /> 13 Chair Jacobs: May I ask one more clarifying question for you or for Mr. Harvey? When we <br /> 14 mention the two Planning Board meetings, what kind of testimony is acceptable at the Planning <br /> 15 Board meetings? Is it just written, not oral? Is that correct? <br /> 16 <br /> 17 James Bryan: It depends on what this Board does at the end of this hearing. Once —A quasi- <br /> 18 judicial hearing has two big components of it. You've got the actual hearing where you present <br /> 19 evidence, and then you have the deliberations afterwards. Once the first part is ended, this <br /> 20 Board cannot get any more evidence, and that includes from other bodies. But, if you leave this <br /> 21 and continue it to another date where the hearing is open, then you can receive anything this <br /> 22 Board wishes. <br /> 23 <br /> 24 Michael Harvey: Let me also re-iterate that we require written testimony to be submitted to the <br /> 25 Planning Board. The reason being is so that you have a record of it. We have allowed <br /> 26 individuals to speak before the Planning Board to essentially present that written testimony, and <br /> 27 obviously the Planning Board can ask questions of the applicant that there is an obligation that <br /> 28 they have to respond. When you adjourn this hearing, obviously you are adjourning it to a date <br /> 29 time certain to receive the Planning Board recommendation and any additional testimony <br /> 30 evidence that has already been entered. <br /> 31 <br /> 32 Chair Jacobs: But essentially the people who want to speak are going to get their best <br /> 33 opportunity right now. <br /> 34 <br /> 35 James Bryan: Yes sir. <br /> 36 <br /> 37 Pete Hallenbeck: Mr. Harvey, you wanted to let the applicant speak now. <br /> 38 <br /> 39 Michael Harvey: I do. However, before I do that, let me do a couple of housekeeping matters if <br /> 40 the Board will indulge me. First is, I would like the abstract, including all four attachments, <br /> 41 entered into the record. I would also like to ask that the attachment which the planning staff <br /> 42 provided —the blue cover attachment— be entered into the evidence as part of the record. I <br /> 43 would also ask that the Board accept and enter into the record the current iteration of the <br /> 44 Unified Development Ordinance, the current iteration of the comprehensive plan, the most <br /> 45 recent joint planning land use plan, and the Orange County soil survey into the record as part of <br /> 46 this request. <br /> 47 <br /> 48 Pete Hallenbeck: We will now hear from the applicant then. <br /> 49 <br /> 50 (Attorney) Mike Fox: Good evening, my name is Mike Fox, and I am pleased to be her tonight <br /> 51 to represent Sunlight Partners who is the applicant in this hearing. Miss Hayworth is handing <br />