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Approved 11/14/2011 OC Board of Adjustment – 6/13/2011 Page 12 of 44 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 53 54 any parties, we just want to know when they are going to be and how many there will be and we want to keep it limited to something we can live with. I don’t really know what the rules are. I don’t know how this thing works but if you could finish tonight and say go to arbitration, come back to us in a couple of months when you have come up with an agreement. That is what I would like to see. I want to get along with my neighbors. I want to be able to live with them. I want them to understand how loud their music is, how I can hear it inside my house with all my doors and windows closed. I am not getting that at all. I appreciate everybody who has come because I think we should all feel welcome and comfortable speaking our minds whether it is for or against a certain idea and I appreciate the respect that people have shown for us tonight. Tom Brown: Is there additional testimony in opposition? Jody Bakst: Sworn in. I am a realtor and I am here in my capacity as a realtor and I actually did sell Scott and Nancy their property. All I am here to say is that as a realtor either representing a buyer or seller, we need to disclose the facts. We need to disclose things that are proposed, not even happening. When you are listing a property even agents representing buyers ask questions all the time because they want to provide their clients with all the information so people can make informed decisions so if things change and it becomes a party barn then the only point is that it will be disclosed and you need to let your buyers and potential buyers know so they can make an informed decision and it is entirely possible that more people won’t want to live near a party barn if there is that kind of noise. Lori Kroothoep: Sworn in. I live here. I am the second closest house to the ag center. I am new to the neighborhood. I don’t own the home. I don’t belong to the homeowner’s association because I don’t own the home but I am a resident there. I have four small children ages 10, 8, 4 and 3 and I am not opposed to farming, the Nutters, the ag center, or the education activities that go on there. My concern is the extended permit that would allow the parties. It will sound redundant to most of the other neighbors. I have a concern about the noise. My home is not blocked by many trees because I am right across from the pond. The view is beautiful. I can see cows, the geese, and the llama. It is nice. Having the tractors roll by is a little….I can accept that. I think the biggest concern for me is the noise and the safety and having people who are staying up late, making a lot of noise, drinking, possibly wandering or trespassing into our yard with my small children who I can freely let out the door to play at almost any time at reasonable hours. It is having someone come up and disturb that peace and safety. That is my biggest concern. I am not opposed to occasional parties but I would be opposed to unlimited use and I think it would affect the quality of our life living there. So I hope you will consider that. Tom Brown: Is there additional testimony. David Rooks: I would like to speak briefly if I could. Tom Brown: Not yet. Is there any further testimony in opposition? Mr. Rooks, we have heard most of the testimony that is explaining that noise is a major issue. Have there been any measurements taken to determine if the Orange County Noise Ordinance has been violated at any point during the activities. David Rooks: I am not aware that has happened. Tom Brown: So you have no evidence to present. David Rooks: There were several episodes, there were complaints made and ultimately the staff acted and the activity stopped so to my knowledge, I do not know of anybody taking noise readings. Meredith Berry: I would assume you would need some type of particular equipment to do that and we have never been notified ahead of time there would be a party so we have never purchased or rented or asked anyone to come out. Tom Brown: That wouldn’t be necessary, the Orange County Sheriff’s Department is responsible for enforcing the noise ordinance and they would take the measurements. It has to be qualified personnel to do so. My question was has that been done. Meredith Berry: We called the sheriff but we don’t know if they did any readings.