Orange County NC Website
Approved 11/5/14 <br />11 <br />be written comments only and at the conclusion of that meeting the Planning Board would make a recommendation 539 <br />on whether they thought the application should be approved or not, on legislative items. Craig is a little bit mixing 540 <br />legislative and quasi-judicial together. Then the item would go to public hearing with the Planning Board 541 <br />recommendation. At the public hearing the BOCC could decide, man there’s so many people here that maybe didn’t 542 <br />talk at the Planning Board meeting; we really should kick it back to the Planning Board for them to consider this other 543 <br />information that came out at the public hearing. Or, the BOCC could decide this is one of those no-brainers, the 544 <br />people who have been on the Planning Board before will remember the discussion about no-brainers, this is a no-545 <br />brainer, we can close the public hearing tonight and we can just vote on it, or they can say, well, you know the 546 <br />Planning Board gave us a recommendation, nothing major has come out but I want to mull this over more and the 547 <br />BOCC can say let’s schedule it for a later meeting. 548 <br /> 549 <br />Loss of recording device/full memory- approximate 7 to 9 minutes lost. 550 <br />[There was some discussion about how notices about the Planning Board meeting would be sent via first class mail 551 <br />to adjacent property owners and a sign would be posted on the affected property, in the case of map amendments]. 552 <br /> 553 <br />Pete Hallenbeck: It is important that the notifications be a blend of the dry legal requirements of notification and a 554 <br />nice human readable, ok guys here’s how it’s going to work- we’re going to have to this meeting here’s what you can 555 <br />do, this is an opportunity for you, so it explains the process and people know what is going on. 556 <br /> 557 <br />Tony Blake: I have a couple of comments; I don’t know how much power we really have. I think we’re maybe 558 <br />assuming that we have more power than we do here. We are really looking at the UDO and deciding whether or not 559 <br />a project meets the criteria of the UDO, we can’t just all of a sudden say, no we don’t like that, and the second part of 560 <br />it is, I think we’re all here to represent some part of the County. I represent Bingham because I live there and 561 <br />because I have other contacts in the community and it seems to me that we should be part of the notification list for 562 <br />any public information session in our area of representation. We should be at least as strongly encouraged to attend 563 <br />that public information meeting on behalf of the Planning Board and all the Planning Board members be encouraged 564 <br />to attend any public information meeting as that somewhat cloudy crystal because I think you can tell from a public 565 <br />information meeting how many people show up as to what kind of a response you’re going to get and what the real 566 <br />concerns and questions are that need to be addressed up front. I don’t really understand the quasi-judicial role we 567 <br />have, I understand that we stand up there and give testimony but if our power is limited to interpreting the UDO and 568 <br />trying make whatever changes proposed fits within the UDO and it either does or it doesn’t and staff is far more 569 <br />versed in the UDO than I am. I find their recommendations are pretty bang on. All of what I have to say in a quasi-570 <br />judicial way is hearsay, right? 571 <br /> 572 <br />Pete Hallenbeck: The role of the Planning Board is this oversight, are we meeting the requirements of the UDO. 573 <br />Yes, you’re right, but that’s a level of detail you have to have. I would point out, though, that there’s also a document 574 <br />called the Comprehensive Plan. If the UDO is the rules, the left brain, the Comprehensive Plan is the heart and soul, 575 <br />it’s the right brain part of it. There are times when we’ve reviewed things and it’s met all of the requirements but then 576 <br />you’ll find something in the Comprehensive Plan that’s not right and I think it’s not power per say but it’s a very valid 577 <br />role of the Board is to point this out. An example of that is the Comprehensive Plan encourages that all subdivisions 578 <br />have sidewalks and yet every time we run into it there is no money for sidewalks and DOT doesn’t want it. There is a 579 <br />conflict there and we don’t have power over that but we can certainly point it out and I think that’s also true with 580 <br />representing the areas you’re from. 581 <br /> 582 <br />Tony Blake: Yeah, but I don’t find that to be quasi-judicial in essence. You can point it out in a quasi-judicial hearing 583 <br />but it’s not some... 584 <br /> 585 <br />Pete Hallenbeck: Quasi-judicial is such a different beast because people get sworn in and there’s testimony. It really 586 <br />changes the game a lot and our role in quasi-judicial is very strict. 587 <br /> 588 <br />Lisa Stuckey: We’re supposed to be the judge in a quasi-judicial, aren’t we? 589 <br /> 590 <br />James Bryan: In quasi-judicial, it’s the governing board- the deciding body that is the judge. From a legal 591 <br />perspective, for planning boards’ involvement, it’s dangerous. Especially, how we have it where you close the public 592