BOA minutes 061013 - Laserfiche WebLink

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Approved 7/8/2013 OC Board of Adjustment – 6/10/2013 Page 89 of 92 1 Greg Dixon: Most of these. Six if not all these were at the information meeting, I think. But that was 2 basically showing us those maps, we have not had enough time, we had two weeks. You can look at 3 the certified mail that came of the hearing. 4 5 Larry Wright: What I want to ask you is, what you would be bringing in one month from now that you 6 cannot state here? 7 8 Greg Dixon: Proper representation, proper documentation, a consultation and we need to retain legal 9 counsel. I have been in touch with an attorney who is out of state and he has not had enough time. 10 11 Larry Wright: We have to look at evidence; this is how we base this. We look at material evidence 12 and we look at expert evidence and if you want counsel, then I can understand. 13 14 Karen Kemerait: I would object to the case being deferred. We have been discussing the case for 15 approximately two hours and as I have mentioned there has been more than two months’ worth of 16 notice and then the community meeting was done in addition to the ordinance requirements plus if the 17 case is deferred for a month and the public hearing about what has been provided thus far is closed I 18 think we would need to have an opportunity to listen to the witnesses and testimony that comes back 19 at the next hearing and reopen the public hearing and give my witnesses an opportunity to respond. 20 We have a room full of people who have come as well who are fully prepared to testify and we also 21 have public witnesses who cared enough to come to the meeting so I think from a legal standpoint, 22 closing the public hearing and just allowing additional witnesses to come from the opponents would 23 not be legally sufficient and we would have to have an opportunity to respond and all our witnesses 24 would have to come back again in another month as well. As I mentioned notice has been provided 25 over two and half months. 26 27 Larry Wright: He says he wants to get counsel. 28 29 Karen Kemerait: I believe that over two months in which notice has been provided has been given 30 ample opportunity to be prepared for the hearing. 31 32 Samantha Cabe: I have a question for each of you. At the public hearing, did you explain to the 33 individual present that what you were applying to do and there was an application process and there 34 would eventually be a decision made by the County? 35 36 Karen Kemerait: In the letters about the balloon test, I indicated that we had filed a Class B Permit 37 application and provided the site plans, provided information about cell towers and said please call 38 me or email me. I provided my direct telephone number at work and my email address and received 39 the one telephone call I mentioned. During the community meeting, I talked about the hearing, it 40 would be occurring tonight. I tried to provide much of the information that I provided tonight about the 41 specifics, I brought the maps, the site plans and I answered the questions so it was an opportunity to 42 provide as much information about our application as I could and also to respond and answer 43 questions. 44 45 Samantha Cabe: Mr. Dixon, when did you contact the attorney out of state? 46 47 Greg Dixon: As soon as I got the letter about the hearing. 48 49 Samantha Cabe: So you did not contact an attorney when you found out they were going to be 50 making application and asking the county? 51 52 Greg Dixon: Yes, I did contact attorneys and realtors but I could not decide…. 53