Orange County NC Website
109 <br />Tony Blake: In the materials provided, it seemed to indicate that the quasi-judicial or ex parte communication began 110 <br />when the application was complete, but I don’t see an application complete milestone on the chart. 111 <br /> 112 <br />Pete Hallenbeck: You want a box that says ex parte starts here? 113 <br /> 114 <br />Tony Blake: Yea 115 <br /> 116 <br />Pete Hallenbeck: If I understand the DAC does not include Planning Board, just staff and is just a process of the 117 <br />application? 118 <br /> 119 <br />Perdita Holtz: Staff reviews all the applications and does not accept applications that are not complete, so when its 120 <br />application submittal time, it’s considered complete. 121 <br /> 122 <br />Tony Blake: So at that point there needs to be some indication that ex parte begins. 123 <br /> 124 <br />Perdita Holtz: That may not be something we put in the chart, but is something that we have to discuss in training to 125 <br />understand when the process starts. 126 <br /> 127 <br />Michael Harvey: Once an application is determined to be complete, we send out notifications for the neighborhood 128 <br />information meeting noting that we have received the application. I have noted before that once an application is 129 <br />deemed complete by staff, that’s when Board members cannot have ex parte communication. You will all find out 130 <br />about the application when the notifications are sent for the neighborhood information meeting. 131 <br /> 132 <br />Tony Blake: Don’t you think that’s late notice? 133 <br /> 134 <br />Michael Harvey: No, because that goes out 60 days before the public hearing and is sent the day after an application 135 <br />is determined complete. 136 <br /> 137 <br />Tony Blake: This negates the Planning Board function because when someone gets the notice, they call Planning 138 <br />Board members and start asking questions and if we are bound by ex parte by not discussing it. 139 <br /> 140 <br />Perdita Holtz: That is true, but that is the nature of quasi-judicial hearings and why many jurisdictions do not have 141 <br />their Planning Board look at these items. 142 <br /> 143 <br />Michael Harvey: Why not recommend to the public to call staff? Since staff is processing the application we can 144 <br />divulge information since we are not bound by ex parte communication and we are not making a recommendation to 145 <br />a governing body. 146 <br /> 147 <br />Pete Hallenbeck: I think that’s the answer if someone calls you. 148 <br /> 149 <br />Tony Blake: Why can staff talk about the details, but not us? 150 <br /> 151 <br />Michael Harvey: Because that’s why we are here. You make recommendations to the BOCC. 152 <br /> 153 <br />Pete Hallenbeck: This is how this process is set up and defined. Those are the rules if you will. 154 <br /> 155 <br />Tony Blake: It doesn’t make sense. 156 <br /> 157 <br />Pete Hallenbeck: I think you can go on record and say I don’t like the rules, but… 158 <br /> 159 <br />Lydia Wegman: To me, I wouldn’t have the kind of information staff would have, I think that if you want to help 160 <br />someone that is upset you… 161 <br /> 162 <br />7