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Page 2 of 11 until such time that a genuine commitment to this public charge is observed.All electronic devices such ascell phones, 1 pagers, and computers should please be turned off or set to silent/vibrate.2 3 The Board of Adjustment is a quasi-judicial administrative body established in accordance with the provisions of local 4 regulations and State law to perform specifiedfunctions essential to the County’s planning program. Action(s) taken by the 5 board are based solely on competent, substantial, and material evidence presented during a previously scheduled and 6 advertised public hearing on a specific item.As detailed within Section 2.12.2 of the UDO the Board chair reserves the 7 right to exclude evidence and testimony that is deemed: ‘incompetent, irrelevant, immaterial, or unduly repetitious’ and 8 therefore fails to reasonably address the issues before the Board of Adjustment.While it should be noted there is no time 9 limit on the presentation of evidence, the Chair asks that the presentation of evidence be consistent with established 10 policies, rules of procedure, and acceptable levels of decorum to ensure a fair and equitable hearing for all parties.11 12 13 AGENDA ITEM 5: CASE A-3-18– Public Hearing to begin reviewing an application 14 appealing the final determination of the Planning Director, as articulated in an October 15 13, 2017, letter, concerning a parcel of property located at the intersection of Morrow 16 Mill and Millikan Roads (PIN: 9729-50-7168) owned/operated by Southeast Property 17 Group LLC (a.k.a. Wild Flora Farm) care of Ms. Kara Brewer. 18 19 Review of this item at the May 7, 2018, meeting shall be limited to the Board 20 reviewing/acting on a request from the applicant to issue subpoenas compelling the 21 submittal of information deemed essential to the proceeding. 22 23 Karen Barrows asked whether there was anyonewho wishedto speak who neededto be sworn in.24 25 Michael Harvey said two attorneyswould be presenting arguments this eveningconcerning the issuance of subpoenas.26 There would be no need to swear in witnesses unless either attorney wished to call one for testimony.27 28 Michael Harvey said this is a convening of a hearing to begin reviewing anappeal application concerning the October 29 13, 2017, determination made bythe Planning Director. He noted that in the abstract the attorneysfor the applicants as 30 well as the impactedproperty owners have filed a joint request that is contained in Attachment 2 beginning onPage 62 31 of the agenda packet that the board first address the denial of the subpoena request bythevice chair. That is the sole 32 discussion pointfor this evening. Both attorneys have requested that after the Board of Adjustment has made a33 decision on the subpoenasthat action onthe appeal itself be delayeduntil a future meeting. 34 35 Barry Katz asked for clarificationthat the Board of Adjustment will hear this again. Michael Harvey said yes, the Board 36 of Adjustment will hear the merits of the appeal at a future meeting. 37 38 Karen Barrows stated that the reasonshe had decided not to sign the subpoenas was thatBarry Katz and Susan 39 Halkiotis have heard quite a bit of testimonyabout this issue. She knew if she refused, it wouldcome before this board40 andher fellow board memberswould be able to give input as well.41 42 Michael Harvey summarized the abstract: Attachment 1, pages 3-65, is the appeal application and subpoenas request. 43 Attachment 2, beginning on Page 66, is the joint correspondenceconcerning review of the subpoenas request.44 Beginning on Page 70 isthe excerpt of the session law. The background of this is as follows andis articulated in the 45 abstract:On July 12, Session Law 2017-108 became effective, which established the use of structures on a bona fide 46 farm. Orange Countyreceived a request on October12 from Andy Petesch, representing Barn of Chapel Hill/Wild Flora 47 Farm for adetermination from the county on whether the property met the requirements of the sessions lawand could 48 conduct agritourism activities. This requestinvolved thestructure located on the Orange County parcel identified as 49 PIN: 9729-50-7168 owned/operated by Southeast Property Group LLC (a.k.a. Wild Flora Farm), and is commonly 50 95