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APPROVED 10/13/2014 <br />OC Board of Adjustment – 8/27/2014 Page 25 of 64 <br /> <br /> <br /> 1 <br />Matthew Rhoads: Ok. My comments are on the conditions that he handed out. Those are all things 2 <br />again that are preempted by state and federal regulation and that’s not something this Board can dictate, 3 <br />depth of pipeline or location or things like that. As to any safety issues, A. we have no clue anything 4 <br />about that pipeline that piece of pipe that Mr. Zaragoza expressly said I’m not a pipeline safety expert. 5 <br />That necessarily means any of his testimony on pipeline safety issues is not competent in a legal sense 6 <br />and cannot be the basis of anything that has to be expert testimony for that sort of testimony. His 7 <br />unhappiness with accommodating the road, acquiring new easement areas, what the existing easement 8 <br />says and allows, those are all separate legal issues that are determined outside of this forum. That 9 <br />doesn’t go to any of the criteria for the Special Use Permit and we are a pending condemnation action 10 <br />against Mr. Zaragoza but also at the same time in the middle of negotiations. There is an outstanding 11 <br />offer with new drawings for him so we are trying to work with him on these issues but at the same time, 12 <br />for construction timing issues, we have to go ahead and condemn at the same time because we can’t 13 <br />take six months negotiating with him and then have it not work out and then start a condemnation. It just 14 <br />puts us too far behind our timeline. 15 <br /> 16 <br />Larry Wright: But that’s not within our power either. 17 <br /> 18 <br />Matthew Rhoads: Correct, and the issues that he’s raising, whether it effects the impervious surface, 19 <br />whether it messes up his DOT road, those are all things that would go to valuation in a condemnation 20 <br />action and go to valuation when we are negotiating for the easement with him. If we are taking away 21 <br />some of his impervious surface ability that take to value again. 22 <br /> 23 <br />Larry Wright: And that’s not relevant to us either. 24 <br /> 25 <br />Matthew Rhoads: Correct, however it seems to me that everything that Mr. Zaragoza spoke to other 26 <br />than pipeline safety is really irrelevant to any of the criteria. Any of his comments as to pipeline safety 27 <br />were not competent legally because he is not an expert in that field. 28 <br /> 29 <br />Joseph Zaragoza: Neither are you sir. The question I have for you is, are you willing to put these pipes 30 <br />8 feet below the current. 31 <br /> 32 <br />Larry Wright: You should be talking to the Board. You talk to the Board. 33 <br /> 34 <br />Joseph Zaragoza: Well why don’t you ask him if they’re willing to put it 8 feet down. 35 <br /> 36 <br />Larry Wright: I think that’s outside of our venue, I’m sorry. 37 <br /> 38 <br />Karen Barrows: This is a private company, not a public utility, do they have the right to condemn? 39 <br /> 40 <br />James Bryan: Yes, I’m not an expert on it but they are a public utility that has a right of public 41 <br />condemnation under general statutes. I am used to city and county and I know how we’ve got quick 42 <br />takes I don’t know exactly the term of theirs. I know they have the authority. 43 <br /> 44 <br />Karen Barrows: Ok 45 <br /> 46 <br />Joseph Zaragoza: One point, if they’re not willing to do this, what it tells me is they do not want me to 47 <br />develop my land. That is the land, I can easily put 29 lots here and I need a DOT road to make that 48 <br />happen but if they don’t want 29 neighbors next to the their pipeline they need to say so and compensate 49 <br />me for it. That’s what it’s all going to apparently, that’s where we’re heading unfortunately. 50 <br /> 51 <br />Larry Wright: Ok, thank you. 52 <br /> 53 <br />David Blankfard: Can we have a recess? 54 <br /> 55