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Approved 11/8/2010 OC Board of Adjustment – 10/11/2010 Page 26 of 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Michael Harvey: It’s not an issue for me only because obviously it was not referenced in that letter and there is no zoning issue associated with it. That I know of. Dawn Brezina: Ok, so that’s not to be addressed. Tom Brown: We are coming to the end, I will let you make some brief comments as long as we are not retracing past information. Nancy Oglesby: Yes sir. I just wanted to respond that I brought up the fish kill because I thought it related to trees and brush being cut down. Even though they are not on the ag center property, we were told they were cut down so that ag center visitors could see the pond. There was a statement in the application saying that no vegetation would be cut. I didn’t make that connection very clear before. Tom Brown: Thank you, and that was Ms. Oglesby for the record. Tammy Jordan: The only thing I want to state is the fact that Mapleview is to Dairyland Road what New Hope is to our area and in the sense if you think about it, Mapleview is like the improvement association of Dairyland Road. Just the way New Hope is off Whitfield Road it’s New Hope improvement association. That’s what it’s used for to try add to the community and get the community involved. That is what Mapleview should be not just the agriculture but also the community. Tom Brown: Thank you, Board members, any other questions of staff, of the attorney before we close the public hearing portion of the case? One final question for you Mr. Harvey. The way I am understanding our path forward, affirmation of your decision with the caveats that you have described on the record, reversal or arbitration. Would you call it arbitration? That of course defers this hearing to the next regular scheduled meeting but what is your experience with that? Michael Harvey: I am going to answer this question but also ask Mr. Parker as the applicant’s attorney to comment as well. Once you close the hearing you are going to make very specific findings that staff was either erred or is correct in their determination based on the testimony and we’re focusing essentially on subsection a, b, and c of Section 8.7.1. In terms of if you want to delay action until more information can be provided, I think that both the applicant and I need to know what you are looking for if it is to attempt a meeting with the adjacent property owners to address some of their concerns with respect to this order, for them to supply additional information on how they either a. ensure there is a component of an activity that complies with the SUP or whether you might be seeking additional information on their justification for how it complies with the provision of the SUP or if you are going to be asking staff to supply additional documentation demonstrating how the decision was made on subsections a, b, and c. If you want to recommend arbitration, as its been suggested, I think it should be fashioned in a manner that it’s a mediation rather than arbitration because arbitration has a specific connotation to it; that you don’t impose on the applicant or staff a condition that incur cost, and that you set some perimeters that the applicant and staff can agree to could be adhered to and that we can respond back to you as you have requested because obviously without speaking for Mr. Parker. If I am Mr. Parker, his concern is that you ask us to go to a mediation to discuss these things and there’s no perimeters on how this issue could be resolved and then we come back to the Board we can’t report anything back or we can’t address your concern. Tom Brown: I am not advocating that I just want to understand your position on that. Mr. Parker would you… Mike Parker: I would agree. I think that if that were the inclination of the Board that we would like to have some guidance as to the process and what you expect. If there is additional information required, tell us what you need to hear that you have not heard tonight. I am sure you don’t want to re-plow the same ground twice. Tom Brown: Exactly, I just wanted to make sure I understood if that was a path forward.