BOA agenda 121216 - Laserfiche WebLink

Browse Search

Barry Katz: Ok fine. If we want to go ahead… You want to go ahead? 1 2 Karen Barrows: Not particularly. 3 4 Barry Katz: No. See three of us don’t really want to go on right now. Sorry about that. 5 6 Susan Halkiotis: But I am interested in hearing what you were going to say. Something as we were… 7 8 LeAnne Brown: It’s a housekeeping matter because I am tired too. I’m not positive whether I moved my 9 exhibits 1-14 into evidence. If I did not I’d like to move them into evidence on the record and ask that the 10 Board receive them. I do not have an objection, I may have held it to the back of my head but I do not have 11 an objection to deliberating, making legal argument and deliberating at later date. I am concerned that I 12 filed this application many, many months ago, one of our prayers for relief was a stay and until you could 13 decide whether this should be built. It has been built hot and heavy as fast as folks could go and I would 14 ask that we stay any further activity until we can come back again so that it doesn’t get farther down the 15 pipe. There’s tremendous economic waste involved in the continuation so that would be my request to you, 16 that we stay it. 17 18 Andy Petesch: If I could respond to that this Board has no authority to stay an action that's an approval. 19 The only stay that's provided in statute or in the ordinances is when there is a violation and that there's an 20 appeal. That stays for their action on it. The Superior Court has that power but the Board simply does not 21 have the authority to stay this matter. 22 23 James Bryan: It's in your discretion. I'm not quite sure. This is a fairly unique situation with a building permit 24 and I found some things but to be honest I'm not quite sure and one thing is that I think the property owner 25 I've noticed they are proceeding at their own risk so I think if you all were to schedule something relatively 26 soon in the next few weeks I think that the parties might be amenable. 27 28 Barry Katz: Would Mr. Harvey be the one to schedule this? 29 30 James Bryan: So actually you all would schedule it. And staff has to show up whenever you tell us. 31 32 Barry Katz: Can we do this during the day? Can you do it during the day? 33 34 Matt Hughes: No. 35 36 MOTION by Susan Halkiotis to continue meeting on Monday, October 24th at 7:30 in this room. Seconded 37 by Barry Katz. 38 VOTE: Unanimous 39 40 Barry Katz: So if we go ahead with this, do you have some rules for us? As far as discussing things, 41 etcetera. Please go through all of that so everybody hears what has to happen. 42 43 James Bryan: I’d be happy to do that. So this is a quasi-judicial proceeding. That means that the modified 44 rules of evidence apply. One of this is the prohibition against ex-party evidence. I would ask this Board to 45 not speak to anybody, including other Board members, staff, the parties, the public about this matter. I 46 would ask everybody here in the public to please not speak to the Board members about this. If someone 47 were to corner you in public try to cover your ears as much as possible and then disclose it at the next 48 72