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(StaffAttorney) James Bryan: Thank you. The Chair asked me to briefly mention some <br /> ground rules for tonight. This is going to be a quasi-judicial hearing, which means that it has to <br /> have a fair trial standard. We have both the petitioner and neighbors represented by attorneys <br /> in this matter. When the witnesses have to be made available for cross examination, since we <br /> have attorneys on both sides, we are going to let the attorneys take the lead on that and offer <br /> their witnesses up to the other for that cross examination. One other point that I wanted to <br /> make, just clarify for myself if nothing else, is the speaker's time - that any witness offered up <br /> will have unlimited time to make their offer of evidence that is competent material and <br /> substantial. <br /> Chair Jacobs: May I ask one more clarifying question for you or for Mr. Harvey?When we <br /> mention the two Planning Board meetings, what kind of testimony is acceptable at the Planning <br /> Board meetings? Is it just written, not oral? Is that correct? <br /> James Bryan: It depends on what this Board does at the end of this hearing. Once—A quasi- <br /> judicial hearing has two big components of it. You've got the actual hearing where you present <br /> evidence, and then you have the deliberations afterwards. Once the first part is ended, this <br /> Board cannot get any more evidence, and that includes from other bodies. But, if you leave this <br /> and continue it to another date where the hearing is open, then you can receive anything this <br /> Board wishes. <br /> Michael Harvey: Let me also re-iterate that we require written testimony to be submitted to the <br /> Planning Board. The reason being is so that you have a record of it. We have allowed <br /> individuals to speak before the Planning Board to essentially present that written testimony, and <br /> obviously the Planning Board can ask questions of the applicant that there is an obligation that <br /> they have to respond. When you adjourn this hearing, obviously you are adjourning it to a date <br /> time certain to receive the Planning Board recommendation and any additional testimony <br /> evidence that has already been entered. <br /> Chair Jacobs: But essentially the people who want to speak are going to get their best <br /> opportunity right now. <br /> James Bryan: Yes sir. <br /> Pete Hallenbeck: Mr. Harvey, you wanted to let the applicant speak now. <br /> Michael Harvey: I do. However, before I do that, let me do a couple of housekeeping matters if <br /> the Board will indulge me. First is, I would like the abstract, including all four attachments, <br /> entered into the record. I would also like to ask that the attachment which the planning staff <br /> provided —the blue cover attachment— be entered into the evidence as part of the record. I <br /> would also ask that the Board accept and enter into the record the current iteration of the <br /> Unified Development Ordinance, the current iteration of the comprehensive plan, the most <br /> recent joint planning land use plan, and the Orange County soil survey into the record as part of <br /> this request. <br /> Pete Hallenbeck: We will now hear from the applicant then. <br /> (Attorney) Mike Fox: Good evening, my name is Mike Fox, and I am pleased to be her tonight <br /> to represent Sunlight Partners who is the applicant in this hearing. Miss Hayworth is handing <br /> your clerk some written materials, which are in this format, which I was told the clerk will hand <br />