Orange County NC Website
Approved 7/8/2013 <br />OC Board of Adjustment – 6/10/2013 Page 88 of 92 <br /> 1 <br />James Bryan: Definitely true. 2 <br /> 3 <br />Larry Wright: We don’t have to repeat all the testimony from the applicant’s attorney; we could start 4 <br />with the gentleman right here, right? 5 <br /> 6 <br />James Bryan: Yes. There are two things, one, as you know, I am not familiar with the Board’s 7 <br />procedure so you may want to ask staff. I am not sure but if you have members that are not going to 8 <br />be here, you might have voting problems. 9 <br /> 10 <br />Larry Wright: We will have one member that has not heard the case but we will still have a quorum. 11 <br />W e would have an alternate that could take the place. 12 <br /> 13 <br />Michael Harvey: You have six people here sitting. Obviously you have, with Mr. Carter’s absence 14 <br />since his term is up, you have five people sitting on this Board, who have the right to vote and have 15 <br />heard the testimony and heard the case. Those are the five people that would be deciding the case 16 <br />because they would hear the other testimony. All five have to be here for that to occur. Mr. Schmidt, 17 <br />who is taking Mr. Carter’s position that, is part of the answer. The other part of the answer is that if 18 <br />you choose to do this after hearing from all other parties, you would adjourn to a date and time 19 <br />certain, July meeting, and you would close the public hearing and motion to adjourn to the date and 20 <br />time certain to reconvene. 21 <br /> 22 <br />Samantha Cabe: Was the notice provided, property notice in accordance with the ordinance and/or 23 <br />the statues required for the public notice of such type of decision? 24 <br /> 25 <br />James Bryan: I haven’t reviewed it; I would have to refer to staff. 26 <br /> 27 <br />Samantha Cabe: Was the notice provided proper under the ordinance and/or the statute that 28 <br />provides the notice? 29 <br /> 30 <br />Michael Harvey: Yes. 31 <br /> 32 <br />Samantha Cabe: So it was properly noticed. The amount of notice required by law was actually 33 <br />given? 34 <br /> 35 <br />Michael Harvey: Correct. 36 <br /> 37 <br />Samantha Cabe: If we were to adjourn, would a separate notice requirement be imposed? 38 <br /> 39 <br />Michael Harvey: No, and the reason being that you are adjourning to a date and time certain and we 40 <br />don’t have to re-advertise the hearing or resend certified letters; we might have to post a state public 41 <br />hearing notice in the newspaper but that…... That is if you feel it necessary to adjourn. 42 <br /> 43 <br />Mark Micol: How many petitioners do we have? 44 <br /> 45 <br />Greg Dixon: This is representative of each family so there are multiple members in each family; this 46 <br />is just a representative of each family. There are a dozen families that live in visibility of the tower. 47 <br /> 48 <br />Samantha Cabe: How many are on the petition? 49 <br /> 50 <br />Greg Dixon: Seven. 51 <br /> 52 <br />Larry Wright: How many were at the community forum of those numbers? 53