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BOA agenda 121216
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BOA agenda 121216
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12/12/2016
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BOA minutes 121216
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that if there’s some sort or record that you guys did lay eyes on it. But other than that, accept it and then 1 <br />when you get into deliberations you can sort it out. 2 <br /> 3 <br />Barry Katz: Just to be clear I gave this package that we received last time back to their attorney. So I didn't 4 <br />read this material. Ok? 5 <br /> 6 <br />Susan Halkiotis: We all did. 7 <br /> 8 <br />Barry Katz: Well I haven't read it and for me I see it's all there but I'm not sure this has any bearing on our 9 <br />decision because we investigated what agritourism is in other context here, related to this hearing. These 10 <br />don't have any bearings as far as I'm concerned on this hearing. I don't know where that stands. I can't 11 <br />accept this myself because I haven't really digested this, except that I can see what's highlighted in there. 12 <br /> 13 <br /> James Bryan: yeah and I think that's fine. I think that's one of the reasons why you give a little bit of 14 <br />latitude to let it in and then you say now show me again why that's relevant. And they might fail and they 15 <br />might but it does not convince you of it. 16 <br /> 17 <br />Karen Barrows: Do you have something? 18 <br /> 19 <br />Matt Hughes: Yes, I do. For Mr. Petesch what is the relevance of the Orange County 2030 comprehensive 20 <br />plan, chapter 3 and 6 excerpt? 21 <br /> 22 <br />Andy Petesch: Those were documents that Mr. White reviewed in conducting his analysis of the farm 23 <br />project. That’s a lawfully adopted policy of Orange County jurisdiction and it references farms and the policy 24 <br />for farm preservation. And so it has relevance. And I would just read the definition of relevant evidence 25 <br />under the state statute 401, relevant evidence means evidence having any tendency to make the existence 26 <br />of any fact that is of consequence of the determination of the action more or less probable than it would be 27 <br />without the evidence. And the question here, as identified in this deliberation cheat sheet, is what is a non 28 <br />farm use versus a bona fide farm purpose and all of these items do tend, I would submit, to show to some 29 <br />degree more likely or less likely that that fact exists that would support an understanding of what the Board 30 <br />is asked to determine here today. 31 <br /> 32 <br />Matt Hughes: Ok, I have a motion if you all are ready for it. 33 <br /> 34 <br />Susan Halkiotis: Well I think in order to discuss it we have to have a second, is that true? If I want to ask a 35 <br />questions it has to be seconded? Because if these things were introduced… My question is, and I want to 36 <br />reiterate what Barry said, I haven’t read this either. I handed it back in and I didn’t know that we were to 37 <br />keep it. So that wasn’t the impression I had at all. So my question, having said that, is if these things were 38 <br />admitted into evidence last week that wasn’t the time to object to it? 39 <br /> 40 <br />LeAnne Brown: They were not entered into evidence at the end of your hearing last week. They were 41 <br />placed in the notebook. The exhibits that were entered into evidence were the exhibits, what are now 1-10, 42 <br />which are the exhibits from which Ms. Brewer had testified. The remaining exhibits were not entered into 43 <br />evidence at the end of the last hearing. There is relevance issues related to them and, again, a couple of 44 <br />those are your comprehensive plan, the David Owens document, it’s not evidence, it’s something else. It’s 45 <br />information as opposed to evidence. Others of these you also create significant due process problem when 46 <br />you start introducing information into your record as evidence that is something someone has printed from 47 <br />the internet or picked up from some agency or anything else and the reason it’s a due process problem is 48 <br />76
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