BOA agenda 081318 - Laserfiche WebLink

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Draft 7/9/2018 2 It was noted that, as vice chair, Karen Barrows chaired the May 7, 2018, meeting. Karen Barrows called for a vote on 1 approval of the May 7, 2018, minutes.2 3 MOTION by Barry Katz to approve the May 7, 2018, minutes with the highlighting eliminated.Randy Herman seconded. 4 VOTE:UNANIMOUS5 6 AGENDA ITEM 4: PUBLIC CHARGE 7 8 Karen Barrows read the public charge. 9 10 The Board of Adjustment pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct 11 themselves in arespectful, courteous manner, both with the Board and with fellow citizens.At any time should any 12 member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the 13 meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting 14 until such time that a genuine commitment to this public charge is observed.All electronic devices such as cell phones, 15 pagers, and computers should please be turned off or set to silent/vibrate.16 17 The Board of Adjustment is a quasi-judicial administrative body established in accordance with the provisions of local 18 regulations and State law to perform specified functions essential to the County’s planning program. Action(s) taken by the 19 board are based solely on competent, substantial, and material evidence presented during a previously scheduled and 20 advertised public hearing on a specific item.As detailed within Section 2.12.2 of the UDO the Board chair reserves the 21 right to exclude evidence and testimony that is deemed: ‘incompetent, irrelevant, immaterial, or unduly repetitious’ and 22 therefore fails to reasonably address the issues before the Board of Adjustment.While it should be noted there is no time 23 limiton the presentation of evidence, the Chair asks that the presentation of evidence be consistent with established 24 policies, rules of procedure, and acceptable levels of decorum to ensure a fair and equitable hearing for all parties.25 26 27 AGENDA ITEM 5: A-3-18 – Receipt of Subpoenaed documentation for a parcel of property28 located at the intersection of Morrow Mill and Millikan Roads (PIN: 9729-50-7168).29 In accordance with action taken at its May 7, 2018, meeting, the Board of Adjustment shall receive 30 subpoenaedmaterial associated with the review of an appeal application concerning the status of 31 a structure located on a parcel of property, identified utilizing Orange County Parcel Identification 32 Number (PIN) 9729-50-7168, owned by Southeast Property Group LLC (a.k.a. Wild Flora Farm)33 care off Ms. Kara Brewer. The Board of Adjustment is scheduled to receive subpoenaed 34 materials. The Board of Adjustment is scheduled to continue the hearing at its August 13, 2018, 35 regular meeting.36 37 Samantha Cabe said the board will receive those documents from the council of Wild Flora Farm. 38 39 Andy Petesch, the attorney representingWild Flora Faunaand Kara Brewer,said the appeal of the decision to 40 issue the subpoenasnot withstanding, he has brought responsive documentsto the subpoena to which someof 41 the parties do not object.He said he had already provided Orange County Attorney JamesBryan and LeAnn42 Brown, attorney for the other party,copies of these documents. Andy Petesch said he would like to submit a 43 motion to quash and modify the subpoenas. 44 45 Samantha Cabe asked if this is a motion he is requesting the board heartonight. Andy Petesch answered he is 46 not requesting that the board hearittonight.47 48 Samantha Cabe said as chair she has recused herself ofanything related to this matter so any motions should 49 be directed to Karen Barrows as vice chair. 50 51 106