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DRAFT <br /> <br />OC Board of Adjustment – 11/9/15 Page 47 of 156 <br /> <br /> 1 <br />Michael Harvey: Rusty before we begin you have been sworn but you are here as the County’s 2 <br />telecommunication consultant, correct? 3 <br /> 4 <br />Rusty Monroe: That’s Correct. My name’s Rusty Monroe, I am a consultant to Carolina 5 <br />Telecommunication Services. I’ve been before the Board a number of times on other applications. 6 <br />And I think one of the things that’s really underlying this whole issue is State Law and what the 7 <br />State says that the County may or may not do as regards to type of information that’s being 8 <br />discussed. Specifically, (North Carolina General Statutes) 153a-349.52 (c) says in relevant part: a 9 <br />county may not require information that concerns the specific need for the wireless support 10 <br />structure including if the service to be provided from the wireless support structure is to add 11 <br />additional wireless coverage or additional wireless capacity. A county may not require proprietary, 12 <br />confidential, or other business information whereas to find the need for the new wireless support 13 <br />structure including propegation maps, and telecommunication traffic studies. I just wanted the 14 <br />Board to clearly understand what it may and may not use in its deliberation as regards of making 15 <br />a decision. The discussion is interesting, I have had numerous discussions like that myself in 16 <br />hearings, but in this particular instance you cannot make a decision that involves this information. 17 <br />It’s pretty simple from there. 18 <br /> 19 <br />Samantha Cabe: Thank you. 20 <br /> 21 <br />Rusty Munroe: I shouldn’t say you cannot, you may not make a decision based upon that 22 <br />information. 23 <br /> 24 <br />John Price: Is it your decision Mr. Haughney that the cell tower that’s proposed here, the 199-foot 25 <br />cell tower, will solve the needs identified? 26 <br /> 27 <br />David Haughney: Yes. 28 <br /> 29 <br />John Price: Is it your testimony that there are no other alternatives that could be utilized to 30 <br />address the individual needs identified, namely the Mt. Carmel Road coverage issue and second 31 <br />the UNC Campus capacity offload? 32 <br /> 33 <br />Laura Goode: At this point I’m going to object as asked and answered ….. and already explained 34 <br />the need in whether there’s other solutions and other technologies they’re employing in addition to 35 <br />this solution. 36 <br /> 37 <br />John Price: You may answer the question. 38 <br /> 39 <br />Samantha Cabe: We have heard him. 40 <br /> 41 <br />49