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16 <br /> 1 panel, thus the resident who is appealing should also be allowed representation. He would be <br /> 2 willing to open this up, and if it is determined that doing so undermines the process then the <br /> 3 decision can be revisited. <br /> 4 John Roberts said the panel is advised on procedure, but counsel does not represent <br /> 5 the department. <br /> 6 Commissioner Dorosin said if there is a Board of Adjustment (BOA) or a quasi-judicial <br /> 7 hearing, the applicant requesting a decision to be made is represented by an attorney, as is the <br /> 8 County. He said this example seems to be more analogous to tonight's discussion. <br /> 9 John Roberts said in a BOA hearing, the BOA has an attorney present to advise on <br /> 10 procedure. He said the Planning Department and the applicant may elect to hire an attorney to <br /> 11 pursue their interests. <br /> 12 John Roberts said the appeal hearings, under review this evening, are just <br /> 13 administrative and not quasi-judicial. <br /> 14 Chair McKee said since Commissioner Jacobs could not attend, he submitted the <br /> 15 following questions: <br /> 16 7a. Page 2, Appeals <br /> 17 • b) To be clear about the 5 days to appear and the 10 days to schedule a hearing, can <br /> 18 we make those business days? <br /> 19 • d) Can we please see the oath folks are asked to take, and does this have any real legal <br /> 20 value? <br /> 21 • i) Very inexact language, suggesting multiple counties might be involved, and leaves out <br /> 22 Mebane. I suggest : "At least one member of the panel shall be either from the town <br /> 23 where the owner resides, or from the non-municipal portion of Orange County, as <br /> 24 appropriate." <br /> 25 Annette Moore said if the language was changed to say business days, a new section <br /> 26 would have to be created in the ordinance for dangerous dog appeals versus the County's <br /> 27 appeals. <br /> 28 Chair McKee asked if changing the wording would have an adverse effect on the <br /> 29 County. <br /> 30 Annette Moore said the wording could not be changed for dangerous dog appeals as <br /> 31 the general statute sets that timetable. <br /> 32 Chair McKee said Commissioner Jacobs questioned if there is a reason why Mebane is <br /> 33 left out of the list of municipalities. <br /> 34 Annette Moore said Mebane has its own animal control. <br /> 35 Bob Marotto said the townships that are included in the policy are ones to whom his <br /> 36 department provides services. He said Mebane Township does not utilize services and <br /> 37 declined the invitation to participate in this current process. <br /> 38 Chair McKee said Commissioner Jacobs asked if the oath has any legal value. <br /> 39 John Roberts said the oath makes the process more formal, and it is a general oath to <br /> 40 tell the truth. <br /> 41 Annette Moore said the oath is included at the request of a commissioner. <br /> 42 Chair McKee said he is concerned about the attorney issue, noting that the entire <br /> 43 process is already adversarial. He suggested that this section be tweaked, and the wording be <br /> 44 "accompanied by a person of their choosing who may represent the person." He also <br /> 45 suggested including in writing the ability to appeal to the court. <br /> 46 Commissioner Pelissier asked if the Board could vote on each of the proposed <br /> 47 suggestions. <br /> 48 John Roberts said this would be acceptable. <br /> 49 <br />