BOA minutes 070918 - Laserfiche WebLink

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Approved 811312018 1 It was noted that, as vice chair, Karen Barrows chaired the May 7 , 2018 , meeting . Karen Barrows called for a vote on 2 approval of the May 7 , 2018 , minutes , 3 4 MOTION by Barry Katz to approve the May 7 , 2018 , minutes with the highlighting eliminated . Randy Herman seconded . 5 VOTE : UNANIMOUS 6 7 AGENDA ITEM 4 : PUBLIC CHARGE 8 9 Karen Barrows read the public charge . 10 11 The Board of Adjustment pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct 12 themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any 13 member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the 14 meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting 15 until such time that a genuine commitment to this public charge is observed. All electronic devices such as cell phones, 16 pagers, and computers should please be tumed off or set to silent/vibrate. 17 18 The Board of Adjustment is a quasi judicial administrative body established in accordance with the provisions of local 19 regulations and State law to perform specified functions essential to the County's planning program. Action (s) taken by the 20 board are based solely on competent, substantial, and material evidence presented during a previously scheduled and 21 advertised public hearing on a specific item. As detailed within Section 2. 12. 2 of the UDO the Board chair reserves the 22 right to exclude evidence and testimony that is deemed: `incompetent, irrelevant, immaterial, or unduly repetitious ' and 23 therefore fails to reasonably address the issues before the Board of Adjustment. While it should be noted there is no time 24 limit on the presentation of evidence, the Chair asks that the presentation of evidence be consistent with established 25 policies, rules of procedure, and acceptable levels of decorum to ensure a fair and equitable hearing for all parties. 26 27 28 AGENDA ITEM 5 : A-3 - 18 — Receipt of Subpoenaed documentation for a parcel of property 29 located at the intersection of Morrow Mill and Millikan Roads ( PIN : 9729 -50 -7168 ) . 30 In accordance with action taken at its May 7 , 2018 , meeting , the Board of Adjustment shall receive 31 subpoenaed material associated with the review of an appeal application concerning the status of 32 a structure located on a parcel of property , identified utilizing Orange County Parcel Identification 33 Number ( PIN ) 9729 -50-7168 , owned by Southeast Property Group LLC ( a . k . a . Wild Flora Farm ) 34 care off Ms . Kara Brewer . The Board of Adjustment is scheduled to receive subpoenaed 35 materials . The Board of Adjustment is scheduled to continue the hearing at its August 13 , 2018 , 36 regular meeting . 37 38 Samantha Cabe said the board will receive those documents from the council of Wild Flora Farm . 39 40 Andy Petesch , the attorney representing Wild Flora Fauna and Kara Brewer, said the appeal of the decision to 41 issue the subpoenas not withstanding , he has brought responsive documents to the subpoena to which some of 42 the parties do not object. He said he had already provided Orange County Attorney James Bryan and LeAnn 43 Brown , attorney for the other party , copies of these documents . Andy Petesch said he would like to submit a 44 motion to quash and modify the subpoenas . 45 46 Samantha Cabe asked if this is a motion he is requesting the board hear tonight . Andy Petesch answered he is 47 not requesting that the board hear it tonight . 48 49 Samantha Cabe said as chair she has recused herself of anything related to this matter so any motions should 50 be directed to Karen Barrows as vice chair . 51 2