BOA agenda 060815 - Laserfiche WebLink

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T.C. Morphis: We believe he is the only person who can testify to what he and his attorney have already said. We 1 believe some of it to be untruthful. However, I will candidly say to the board in the absence of Mr. Klein appearing, 2 we are fully prepared to present evidence on the issues. 3 4 Anthony Taibi: Nothing I have said constitutes testimony. Mr. Harvey and I engaged in discussions about these 5 issues but nothing that I said to him constitutes any kind of any formal representation or fact and I am sure the board 6 did its own investigation as to all discussed matters and of course most of what we talked about is interpretation so 7 there really are not any facts that are at issue. 8 9 Larry Wright: Thank you. 10 11 T.C. Morphis: I just wanted to point out that in fact, the February 10, 2014 letter we are appealing is replete with facts 12 that they accept the … 13 14 Larry Wright: We will deal with that when it comes. Do I have a motion? 15 16 MOTION made by Jeff Schmitt: that given the information that has been provided by staff and under the context of 17 the UDO which sets the bounds of limitation that this board has that the information we need to make a decision 18 relative to the dismissal or the pulling of notice of violation is sufficient for us to do in the material that we have been 19 provided and no subpoena is necessary. Seconded by Karen Barrows. 20 VOTE: Unanimously 21 22 Larry Wright: Now we move to standing. 23 24 James Bryan: Jurisdiction I would do first. I made a little chart that would help. It is basically that you will note in the 25 appeal; the applicant has seven issues that have contentions with. Then for each one of those, I have listed and 26 have two columns where the jurisdiction, whether it is an order requirement or determination and then whether it is 27 final and binding. If you have got both of those, you have got jurisdiction to hear it. It can be order, requirement or 28 determination so it could be ordering something; you have to take the shed off your property. It could be requiring 29 something; you need to have a 50 foot buffer or it could make a determination; that box out there is a chicken coop 30 and not a shed. It is my determination and then it has to be final and binding. There are a lot of times you can ask 31 staff or an advisory opinion and it could be very informal; a phone call. The county could formalize it and say you 32 have to pay $50 for this advisory opinion but it is still advisory. It is just what I think and then you have a separate 33 process for a determination and that would be things like permits, a sign permit, a zoning compliance permit, 34 something like that, that actually vests rights in the applicant that says once this person gets this letter from the staff, 35 they have a right years later. It doesn’t matter if Michael is fired, if James is fired, if anybody is fired, they will have 36 that letter and say, yes I can do this on my property or I have to do this. 37 38 Jeff Schmitt: We are going to be asked to make a determination of jurisdiction and its sundry definitions here. On 39 each of the items that has been appealed by the applicant? 40 41 James Bryan: You can do it as one lump haul. I think it would be easier to go item by item. 42 43 Jeff Schmitt: We need to do this because? 44 45 James Bryan: All you have right not is somebody saying I want to appeal; here is the money for an application. 46 Michael has to bring that so if I wrote down that Michael has a messy office, here is $300 I want to appeal it, he would 47 have to bring that in front of this board. I could be saying let me bring witnesses for his office, you guys would be 48 wasting your time, so you would need to set off; is this something this board is granted the authority to decide. 49 50 9