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DRAFT OC Board of Adjustment – 11/9/15 Page 121 of 156 Michael Harvey: Well before we go on to the applicant’s witness I’d like our telecommunications 1 consultant to reiterate the testimony that was offered at the December hearing, concerning not 2 only our ordinance but state law requirements, with respect to processing location for 3 telecommunication towers. If it pleases the Board. 4 5 Samantha Cabe: Ok. Would you state your name and that you’ve sworn for the record? 6 7 Rusty Monroe: Yeah, I was sworn in last time. 8 9 Samantha Cabe: And your name? Just for the transcript. 10 11 Rusty Monroe: Rusty Monroe. 12 13 Samantha Cabe: Thank you. 14 15 Rusty Monroe: I commend the opposition on their choice of experts whose reputation precedes 16 him. Well known. The problem or the issue really is what the state law allows. I understand the 17 desire and in point of fact I might, in certain circumstances, agree that the state law prohibits the 18 community from requiring the company to investigate the feasibility of attaching to anything other 19 than existing or previously approved wireless support structures. And that’s in 352… it’s going to 20 be 153A-349.52(c)(2). 21 22 Samantha Cabe: (c)(2) you said? 23 24 Rusty Monroe: The other thing that I wanted to point out, and by the way as I said I might prefer it 25 differently, I totally disagree with state law on a personal basis, but the law is what the law is. The 26 issue of them providing, the company providing, proof to counter this; the County does not have 27 the authority to, under the same provision effectively, to require that kind of evidence or proof. I 28 might like it personally, I might prefer it personally, but if you don’t like it talk to your legislatures. 29 30 John Price: May I ask a question? 31 32 Rusty Monroe: Yes. 33 34 John Price: I don’t know if you’re finished or not, but what is the definition of a wireless support 35 structure? 36 37 Rusty Monroe: I’d have to look it up on the County Ordinance to see what their definition is. 38 39 John Price: I believe that the County Ordinance is broad enough to encompass any structure that 40 will support the wireless facility necessary in order to satisfy the need. 41 42 Samantha Cabe: Is it any support structure or previously approved wireless support structure? 43 44 45 Rusty Monroe: That’s the issue, is no existing or previously approved wireless support structure… 46 As I said, I happen to personally disagree with that. 47 48 Jackie Hicks: And I think where we have some issues is the Unified Development Ordinance 49 doesn’t necessarily coincide with the state law. 50 123