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Approved 2.1.17 11 taking of rights, without compensation. And I think that the honest answer is, I don’t think that Byrd got to that level Paul. But 529 what I think Byrd came from is, you as a government entity have a legal obligation to define for you what’s permitted and if you 530 choose not to say or take a definitive stance on oil and gas pipeline and related structure construction then the person should 531 assume they could do it. 532 533 Paul Guthrie: Ok, I can understand that but I’m going back actually a little further, and that is as you redefine our processes to 534 try to comply with the attorneys view of the Byrd decision you may in fact be retroactively making a taking of someone’s 535 property. 536 537 Michael Harvey: I don’t share that concern but I understand why you’re asking the question. 538 539 Paul Guthrie: Oh I understand that, I’m just saying… 540 541 Craig Benedict: We’re putting them into a slot that might not have been as specific as it was before. So we’re trying to match 542 what they can do there now, but there’s going to be some things where we’ve never really answered that question before. 543 544 Lisa Stuckey: So then Paul’s question is relevant. 545 546 Craig Benedict: Michael, I have a question that you can pose for the attorneys. On page 43, if you had specially trained 547 contractors and this NAICS code heading 2, 3, 8 if we thought all those sub uses below were ok that we didn’t mind if they 548 were in any district or whatever, could we just use the main heading? 549 550 Michael Harvey: Yeah. But if I don’t show you and everybody else, because that’s what got us in trouble at the Cou nty 551 Commissioner level with the Hillsborough district, when certain assumptions were made that everything in this particular land 552 use category could be allowed or should be allowed… Well that’s not fair, Perdita had a couple land use categories where no 553 boxes were checked and the concern was, “Well in this land use category this land use is allowed. We don’t know what land 554 uses are allowed” and of course Perdita’s honest and straight forward answer was, “It doesn’t matter, we’re not allowing them 555 in the district” and that’s when we got into some of the problems and trouble we did. But Craig is right. If you have a land use 556 category, or a sector category for example, that lists uses that nobody cares, they’re all fine then you can just have the 557 reference, as long as you’re properly defining all that reference entails somewhere. 558 559 Lydia Wegman: So you would say specialty trade contractors NAICS 238 and all… 560 561 Michael Harvey: If we stick with NAICS code references, yeah. Or the better example, if you have beauty and barbershop as 562 the overall category and then break it down to what beauty and barbershop could entail as long as it’s the encompassing list. 563 Page 45 begins extracted uses, mining, quarry, and oil and gas extraction. This became a huge issue at the County 564 Commissioner level dealing with the Hillsborough Economic Development district because the concerns that you could have 565 manufacturing activity that may not be deemed reasonable for the area in question. So we listed everything out, obviously 566 capturing everything we currently allow on page 47. What I have listed is what I believe we currently already allow through that 567 proves but yeah, we specifically didn’t include geranium mining. 568 569 Tony Blake: Well how about sand, gravel, and ceramic. I mean if you look at the merits over at Chapel Hill Gravel, it’s by 570 definition… 571 572 Michael Harvey: Well I would actually say it was stone mining and quarrying, but I understand your point… Again, what I’m 573 hearing a lot of you say and the nods of consensus are that we need the level of detail but if we can eliminate the sector 574 references and just group them it would be a lot easier to understand. 575 576 Lydia Wegman: What do you mean by eliminate the sector references? 577 578 Michael Harvey: Well for example, I have put in here all the sector references as they live in the NAICS code. What I’m 579 hearing you all say is if you can give the land use category and then provide the uses it would be a lot easier for you to track 580