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DRAFT <br /> <br />OC Board of Adjustment – 11/9/15 Page 122 of 156 <br /> <br /> 1 <br />John Price: Then this is a matter of legal interpretation, but I would put to you the case law has 2 <br />normally sided on the favor of state law trumping local law, especially in North Carolina. 3 <br /> 4 <br />Rusty Monroe: I’m not an attorney. I’m not trying to practice law. I just know a lot of case law on 5 <br />this issue. 6 <br /> 7 <br />John Price: I think in our filing, a simple note on filing I made, I include all those citations. Including 8 <br />how the state defines a wireless support structure, not just the County. And I don’t have it in front 9 <br />of me or I’d recite it to you. 10 <br /> 11 <br />Samantha Cabe: I didn’t bring my computer in to access that ….. 12 <br /> 13 <br />(General conversation amongst multiple people) 14 <br /> 15 <br />Rusty Monroe: I was just given a copy of the Ordinance and it says it defines a 16 <br />telecommunications facility wireless support structure: A new or existing structure, such as a 17 <br />monopole, lattice, or guide tower that is designed to support or capable of supporting wireless 18 <br />facilities. A utility pole is not a wireless support structure. 19 <br /> 20 <br />John Price: I think that is clear a utility pole is not, but transmission power lines, water towers, 21 <br />buildings. 22 <br /> 23 <br />Michael Harvey: Madame Chair, I’m going to testify for the record as the Zoning Enforcement 24 <br />Officer Current Planning Supervisor to Orange County. There are no water towers in this area 25 <br />under the County’s jurisdiction. 26 <br /> 27 <br />John Price: I understand. I’m just trying to tell you what the alternatives are. They include 28 <br />buildings, transmission towers… 29 <br /> 30 <br />Jackie Hicks: Can I say one thing? I understand in the state law it also says that the County can’t 31 <br />try to design the applicant’s network and I think what you’re trying to do… 32 <br /> 33 <br />Samantha Cabe: Ma’am? 34 <br /> 35 <br />Jackie Hicks: Oh, I’m sorry. 36 <br /> 37 <br />Samantha Cabe: No, no, that’s ok, no, no, you’re fine, but state your name for the record. 38 <br /> 39 <br />Jackie Hicks: Jackie Hicks. Sorry. I was sworn in at the last meeting. 40 <br /> 41 <br />Samantha Cabe: And what is your position, just so everyone… 42 <br /> 43 <br />Rusty Monroe: She’s the owner of the firm. 44 <br /> 45 <br />Samantha Cabe: You’re the new Rusty Monroe? 46 <br /> 47 <br />Jackie Hicks: We are together. We’re both consultants. And the County can’t design Verizon’s 48 <br />network, so by saying you could do this and you could do that, the County can’t do that. 49 <br /> 50 <br />124