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Approved 12/12/16 <br />OC Board of Adjustment – 10/10/16 Page 69 of 113 <br /> <br /> <br />Andy Petesch: If I could respond to that this Board has no authority to stay an action that's an approval. 1 <br />The only stay that's provided in statute or in the ordinances is when there is a violation and that there's an 2 <br />appeal. That stays for their action on it. The Superior Court has that power but the Board simply does not 3 <br />have the authority to stay this matter. 4 <br /> 5 <br />James Bryan: It's in your discretion. I'm not quite sure. This is a fairly unique situation with a building permit 6 <br />and I found some things but to be honest I'm not quite sure and one thing is that I think the property owner 7 <br />I've noticed they are proceeding at their own risk so I think if you all were to schedule something relatively 8 <br />soon in the next few weeks I think that the parties might be amenable. 9 <br /> 10 <br />Barry Katz: Would Mr. Harvey be the one to schedule this? 11 <br /> 12 <br />James Bryan: So actually you all would schedule it. And staff has to show up whenever you tell us. 13 <br /> 14 <br />Barry Katz: Can we do this during the day? Can you do it during the day? 15 <br /> 16 <br />Matt Hughes: No. 17 <br /> 18 MOTION by Susan Halkiotis to continue meeting on Monday, October 24th at 7:30 in this room. Seconded 19 <br />by Barry Katz. 20 <br />VOTE: Unanimous 21 <br /> 22 <br />Barry Katz: So if we go ahead with this, do you have some rules for us? As far as discussing things, 23 <br />etcetera. Please go through all of that so everybody hears what has to happen. 24 <br /> 25 <br />James Bryan: I’d be happy to do that. So this is a quasi-judicial proceeding. That means that the modified 26 <br />rules of evidence apply. One of this is the prohibition against ex-party evidence. I would ask this Board to 27 <br />not speak to anybody, including other Board members, staff, the parties, the public about this matter. I 28 <br />would ask everybody here in the public to please not speak to the Board members about this. If someone 29 <br />were to corner you in public try to cover your ears as much as possible and then disclose it at the next 30 <br />meeting and do not allow that to sway your judgment. I am available for your legal questions if you have 31 <br />any. I wont be advising on anything in particular for this but if you just have procedural questions in general 32 <br />I am this Board’s attorney and I would be happy to answer any questions like that. 33 <br /> 34 <br />Meeting was adjourned by consensus. 35 <br /> 36 <br />Monday, October 24, 2016 37 <br /> 38 <br />Karen Barrows called meeting to order. 39 <br /> 40 <br />Karen Barrows: Did you have something you wanted to say? 41 <br /> 42 <br />Matt Hughes: Yes. Before we got started I did want to indicate that I had some ex partake communication 43 <br />that I was very clear. I don’t know the gentlewoman here with the red shirt on but she did try to speak to me 44 <br />at a community event. 45 <br /> 46 <br />Member of the Public: It was a joke. 47 <br /> 48