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Approved 3113117 <br />1 <br />2 John Price: Then this is a matter of legal interpretation, but I would put to you the case law has <br />3 normally sided on the favor of state law trumping local law, especially in North Carolina. <br />4 <br />5 Rusty Monroe: I'm not an attorney. I'm not trying to practice law. I just know a lot of case law on <br />6 this issue. <br />7 <br />8 John Price: I think in our filing, a simple note on filing I made, I include all those citations. Including <br />9 how the state defines a wireless support structure, not just the County. And I don't have it in front <br />10 of me or I'd recite it to you. <br />11 <br />12 Samantha Cabe: I didn't bring my computer in to access that ..... <br />13 <br />14 (General conversation amongst multiple people) <br />15 <br />16 Rusty Monroe: I was just given a copy of the Ordinance and it says it defines a <br />17 telecommunications facility wireless support structure: A new or existing structure, such as a <br />18 monopole, lattice, or guide tower that is designed to support or capable of supporting wireless <br />19 facilities. A utility pole is not a wireless support structure. <br />20 <br />21 John Price: I think that is clear a utility pole is not, but transmission power lines, water towers, <br />22 buildings. <br />23 <br />24 Michael Harvey: Madame Chair, I'm going to testify for the record as the Zoning Enforcement <br />25 Officer Current Planning Supervisor to Orange County. There are no water towers in this area <br />26 under the County's jurisdiction. <br />27 <br />28 John Price: I understand. I'm just trying to tell you what the alternatives are. They include <br />29 buildings, transmission towers... <br />30 <br />31 Jackie Hicks: Can I say one thing? I understand in the state law it also says that the County can't <br />32 try to design the applicant's network and I think what you're trying to do... <br />33 <br />34 Samantha Cabe: Ma'am? <br />35 <br />36 Jackie Hicks: Oh, I'm sorry. <br />37 <br />38 Samantha Cabe: No, no, that's ok, no, no, you're fine, but state your name for the record. <br />39 <br />40 Jackie Hicks: Jackie Hicks. Sorry. I was sworn in at the last meeting. <br />41 <br />42 Samantha Cabe: And what is your position, just so everyone... <br />43 <br />44 Rusty Monroe: She's the owner of the firm. <br />45 <br />46 Samantha Cabe: You're the new Rusty Monroe? <br />47 <br />48 Jackie Hicks: We are together. We're both consultants. And the County can't design Verizon's <br />49 network, so by saying you could do this and you could do that, the County can't do that. <br />50 <br />OC Board of Adjustment — 12/12/16 Page 122 of 156 <br />