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APPROVED 10/13/2014 OC Board of Adjustment – 8/27/2014 Page 26 of 64 Larry Wright: We will have a 5 minute recess. That means we reconvene at 9:31 PM 1 2 Larry Wright: Ok, during the recess the members of the Board have expressed their desire to cap this 3 meeting, this session at 11 PM that means that after 11 PM we will cap this session if indeed we are not 4 through by 11 that means we will reconvene at another time to continue this session. I’d also like to say 5 that Mr. Rhoads you can cross examine each of the speakers giving testimony but could you save your 6 arguments to the end. 7 8 Matthew Rhoads: Absolutely, and I would just request, it is very important to the company that this 9 process get done as quickly as possible. 10 11 Larry Wright: We will do everything we can to streamline this and I would like to state that after hearing 12 this first witness, most of what was said is not relevant. We cannot, we really have no power, and while 13 we may sympathize with them, this Board does not have the power to act on what most of what was 14 said. OK. 15 16 Matthew Rhoads: Again in the interest of trying to get this done tonight, I am going to probably be pretty 17 liberal with my objections if things are irrelevant or not competent. I would just ask that, I don’t want to 18 look...... 19 20 Larry Wright: Fine, that is and in our attorney is here to help us they feel you are going too far. 21 22 Michael Harvey: The next person who signed up to speak is Susie Thompson......... Ok Jerry Raines. 23 24 Jerry Raines: These gentlemen addressed most of the things that I had on my mind. 25 26 Larry Wright: Please say your name and if you’ve been sworn in. 27 28 Jerry Raines: I’m sorry, I’m Jerry Raines and I have been sworn. I live on 4914 Nicks Road. I live just 29 east of Mr. Zaragoza property. The pond he was addressing is my father’s, his property and my property 30 joint. The issues we’ve had with the pond with PSNC pretty much have been resolved as long as they 31 do what they say they were going to do. There have been a lot of issues about that. One of the 32 statements in this lease that I have had so much trouble with and since it is a matter of record, I don’t 33 think it should affect anything. I believe this learned gentleman behind me, Mr. Rhoad is the one that 34 printed this thing up and if you don’t mind, I’ll read it. 35 36 Larry Wright: Is this within the purview. 37 38 Jerry Raines: This is the easement. This is the easement I was given to sign. Is that not? 39 40 Larry Wright: I understand, the easements are not within our jurisdiction. 41 42 Jerry Raines: Sir, I’m not going to read the entire easement, I want to read the last paragraph. It has 43 nothing to do with boundaries. 44 45 Larry Wright: Ok, just a second. Is this relevant to us, an easement? 46 47 James Bryan: Most likely not. What the Board would have to ask and determine is to what standard 48 does this evidence apply. Even if it’s true what is being read or what is being alleged would that mean a 49 standard was either met or not met. 50 51 Larry Wright: By a standard he means within an ordinance in our UDO or a part of the 2030 52 Comprehensive Plan and if you are willing to address that with a section like 5.3.2 then it is relevant to 53 us. If not, there is nothing we can do. 54 55