Orange County NC Website
Approved 10/10/2016 <br />29 <br />Samantha Cabe: Same with page 115, the findings that are set forth on 115, there’s no dispute between 1 <br />staff and legal counsel. Do I have a motion to adopt those findings recommended by staff? 2 <br /> 3 <br />MOTION made by Barry Katz to adopt findings recommended by staff on page 11 5. Seconded by Susan 4 <br />Halkiotis. 5 <br />VOTE: Unanimous 6 <br /> 7 <br />Samantha Cabe: Onto page 116 of attachment 4. The 2 findings set forth there, again there’s no conflict 8 <br />between staff and legal counsels recommendation. Do I have a motion to adopt the findings set forth on 9 <br />page 116? 10 <br /> 11 <br />MOTION made by Karen Barrows to adopt findings recommended by staff on page 116. Seconded by 12 <br />Barry Katz. 13 <br />VOTE: Unanimous 14 <br /> 15 <br />Samantha Cabe: On page 117, I don’t have a note about this but the second finding set forth there staff is 16 <br />recommending that it is not applicable on the basis that the provision is not applicable as the relocation of 17 <br />the driveway will not impact the NIER levels of the proposed site. And that is with regard to a submission of 18 <br />a certification that NIER levels at the proposed site are within the threshold levels adopted by the FCC. Do I 19 <br />have a motion as to the 2 findings on that page? 20 <br /> 21 <br />MOTION made by Karen Barrows to adopt findings recommended by staff on page 117. Seconded by 22 <br />Barry Katz. 23 <br />VOTE: Unanimous 24 <br /> 25 <br />Samantha Cabe: Page 118, there are 3 findings there. The third finding on that page was the provision of 26 <br />the FCC license. We have discussed making a condition of the approval of the permit. The other findings 27 <br />were both yes with no discrepancy between staff and legal counsel ’s recommendation. Do I have a motion 28 <br />with regard to the findings on page 118? 29 <br /> 30 <br />Barry Katz: That would mean that they would provide a copy? That’s what we’re proposing? 31 <br /> 32 <br />Samantha Cabe: Yes. 33 <br /> 34 <br />Barry Katz: With that being said I move to adopt that… Including the 3 p rovisions. 35 <br /> 36 <br />Samantha Cabe: So just to be clear your motion is to adopt the recommendation of staff set forth on page 37 <br />118 with the added condition that a copy of the FCC license and 5 and 10 year building out plan shall be 38 <br />provided as a condition of the issuance of the permit? 39 <br /> 40 <br />Barry Katz: Yes. 41 <br /> 42 <br />James Bryan: If I may, just for clarification, I think you’d want that last one yes, it’s the same idea that you 43 <br />had.. and the only way to impose a condition is if it was necessary. 44 <br /> 45 <br />Samantha Cabe: Ok, got it. So just to clarify your motion is to adopt the recommendations set forth on page 46 <br />118 with the modification to change the finding in the third fact to yes, with the condition that the applicant 47 <br />provide a copy of the FCC license and their 5 and 10 year building out plan as required by the FCC as a 48 <br />condition of the issuance of the SUP. 49