Orange County NC Website
offendingperson to leave the meeting until that individual regains personal control. Should decorum fail to be 49 <br />restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is 50 <br />observed.All electronic devices such as cell phones, pagers, and computers should please be turned off or 51 <br />set to silent/vibrate.52 <br />53 <br />The Board of Adjustment is a quasi-judicial administrative body established in accordance with the provisions 54 <br />of local regulations and State law to perform specified functions essential to the County’s planning program. 55 <br />Action(s) taken by the board are based solely on competent, substantial, and material evidence presented 56 <br />during a previously scheduled and advertised public hearing on a specific item.As detailed within Section 57 <br />2.12.2 of the UDO the Board chair reserves the right to exclude evidence and testimony that is deemed: 58 <br />‘incompetent, irrelevant, immaterial, or unduly repetitious’ and therefore fails to reasonably address the issues 59 <br />before the Board of Adjustment.While it should be noted there is no time limit on the presentation of 60 <br />evidence, the Chair asks that the presentation of evidence be consistent with established policies, rules of 61 <br />procedure, and acceptable levels of decorum to ensure a fair and equitable hearing for all parties.62 <br />63 <br />64 <br />AGENDA ITEM 5: CASE A-3-18– Public Hearing to begin reviewing an 65 <br />application appealing the final determination of the Planning Director, as 66 <br />articulated in an October 13, 2017, letter, concerning a parcel of property 67 <br />locatedat the intersection of Morrow Mill and Millikan Roads (PIN: 9729-50-68 <br />7168) owned/operated by Southeast Property Group LLC (a.k.a. Wild Flora 69 <br />Farm) care of Ms. Kara Brewer. 70 <br />71 <br />Review of this item at the May 7, 2018, meeting shall be limited to the Board 72 <br />reviewing/acting on a request from the applicant to issue subpoenas 73 <br />compelling the submittal of information deemed essential to the proceeding. 74 <br />75 <br />Karen Barrows asked whether there was anyonewho wishedto speak who neededto be sworn in.76 <br />77 <br />Michael Harvey said two attorneyswould be presenting arguments this eveningconcerning the issuance of 78 <br />subpoenas. There would be no need to swear in witnesses unless either attorney wished to call one for 79 <br />testimony.80 <br />81 <br />Michael Harvey said this is a convening of a hearing to begin reviewing anappeal application concerning 82 <br />the October 13, 2017, determination made bythe Planning Director. He noted that in the abstract the 83 <br />attorneysfor the applicants as well as the impactedproperty owners have filed a joint request that is 84 <br />contained in Attachment 2 beginning onPage 62 of the agenda packet that the board first address the 85 <br />denial of the subpoena request bythevice chair. That is the sole discussionpointfor this evening. Both 86 <br />attorneys have requested that after the Board of Adjustment has made adecision on the subpoenasthat 87 <br />action onthe appeal itself be delayeduntil a future meeting. 88 <br />89 <br />Barry Katz asked for clarificationthat the Board of Adjustmentwill hear this again. Michael Harvey said yes,90 <br />the Board of Adjustment will hear the merits of the appeal at a future meeting. 91 <br />92 <br />Karen Barrows stated that the reasonshe had decided not to sign the subpoenas was thatBarry Katz and 93 <br />Susan Halkiotis have heard quite a bit of testimonyabout this issue. She knew if she refused, it would 94 <br />come before this boardand her fellow board memberswould be able to give input as well.95 <br />96 <br />Michael Harvey summarized the abstract: Attachment 1, pages 3-65, is the appeal application and 97 <br />subpoenas request. Attachment 2, beginning on Page 66, is the joint correspondenceconcerning review of 98 <br />18