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Approved 6/8/2015 OC Board of Adjustment – 12/08/2014 Page 13 of 49 Michael Harvey: I would say that is a correct statement, I would just point out for the record that the UDO as entered 1 into the record at this proceeding, establishes no regulatory standards governing intensity, i.e. does not establish 2 regulations governing number of shots to be fired in a given hour type of caliber limitations . It does not establish 3 noise limits at property lines that can or cannot be exceeded and that was not the basis for us issuing the original 4 Notice of Violation. 5 6 Mark Micol: Again, getting back to jurisdiction that means this board is not the recourse for the applicant, right? 7 Basically, Mr. Chairman, what we are trying to figure out is jurisdiction? 8 9 Larry Wright: I think the jurisdiction… Mr. Bryan why don’t you clarify that because there are various points of 10 jurisdiction. 11 12 James Bryan: You all aren’t proceeding exactly how I recommended but the jurisdiction is y ou have to find a 13 determination. Michael didn’t order anything here, and a Notice of Violation is the first one. He made a determination 14 but whatever y’all are doing, is a shooting range and then he thought about it and said, either I don’t have enough 15 evidence for it or what I saw wasn’t a shooting range, for whatever reason he said rescind it, I wash my hands of it 16 and that rescinding is now being appealed. You have somebody who has argued and is very eager to argue that it is 17 final and binding and creates some sort of rights for Mr. Klein. I think Mr. Klein’s attorney is very eager to argue that 18 no; it’s like when a cop writes you a ticket and tears up the ticket, he can still write you a new ticket. Just because he 19 tore it up doesn’t mean that you weren’t speeding, it doesn’t do anything, just a wash. Y’all are going to have to 20 make that determination. 21 22 Larry Wright: What we want is a definition of jurisdiction as it applies to this board because we feel jurisdiction is … it 23 should go to somebody else. That is the way, when I read jurisdiction, I thought it should go to somebody else. It 24 should go to the Board of County Commissioners. That is what you are alluding to. 25 26 James Bryan: No. I just think that …. 27 28 Mark Micol: We are just determining the NOV, right? 29 30 Larry Wright: That is it… 31 32 Mark Micol: It is a lot simpler than we are making it. 33 34 Larry Wright: As it applies to the UDO as of that April date. 35 36 Mark Micol: I have a feeling we are going to hear a lot of testimony about rapid fire …. 37 38 Larry Wright: Everyone can catch them on relevancy and repetition. Jurisdiction as it relates to…can you summarize 39 that please. 40 41 James Bryan: A final and binding determination by staff and then you will affirm, reverse it or modify it but you have 42 to find out what was the final and binding determination by staff. 43 44 Michael Harvey: Mr. Chairman, before we continue, I feel obligated to make a statement to this board. I already 45 informed Mr. Morphis I was going to do this but I think before we continue I need to make a statement. Mr. Morphis 46 and I have a 10 year association with each other that transcends this hearing date. We are friends; we have been 47 friends for quite a while. It would be fair to say the he and I have had spirited discussions about this issue but we 48 have not discussed the independent merits of this appeal obviously, that is between him, his client and this board. I 49 think it is fair and you all need to know that Mr. Morphis and I have a relationship outside of this hearing and that 50