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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 the other party cannot then ask questions about the document. Where’d it come from, how was it 1 <br />created, what information went into your writing what you wrote in this document? There is no one here 2 <br />about whom we can ask those questions. And so, that’s the other problem with it. I don’t disagree with your 3 <br />attorney’s thought processes that you may or may not end up in error if you have something before you but 4 <br />if you don’t end up considering it or it doesn’t weigh in your final decision that’s there but that’s the reason 5 <br />that I need to object because my objection needs to be of the record. And I truly can’t tell you what Harnett 6 <br />County has done with regard to their definition of agritourism and for you to receive that and for that to be 7 <br />probated to you as to what the ultimate decision you must make as a Board . You get to be the group of 8 <br />people who ibnterrupt the meaning of this term and the context of how Orange County is applying it. And 9 <br />you can listen to us make legal argument, you can look at legal authorities that we may provide to you 10 <br />including, Professor Owens, who by the way is a dear friend of mine so I’m not insulting him but I think he 11 <br />would agree with me that he is neither case law nor statute. You certainly can consider legal argument from 12 <br />both of us, and you should. But you can’t substitute your job and your judgment in interrupting what the 13 <br />statute mean by reading something somebody out there may have written and may have posted on a 14 <br />website for a government entity or for any other reason. In this proceeding or in any other legal proceeding. 15 <br />And so that’s my concern. I don’t want to get you hung up on an evidentiary issue for an extended period of 16 <br />time. I have to object for the record. But that’s what’s going into my deciding that I need to make an 17 <br />objection. 18 <br /> 19 <br />Karen Barrows: Does that answer your question? 20 <br /> 21 <br />Susan Halkiotis: Well, it begs another question. Which is, why wasn’t it introduced 2 weeks ago? 22 <br />James Bryan: If I may also to maybe cut short the argument a little bit. It’s my opinion that anything that 23 <br />gets handed up to you guys, if you accept it and take physically possession of it then it’s in the record. 24 <br />What we’re actually doing would be striking from the record. Pretending that we didn’t see it. But the 25 <br />reviewing court wants to know what you all saw and what you based your decision on out of what you saw. 26 <br />Did you see it and then did you base your decision on it? So again, I would urge great latitude in accepting 27 <br />for the sole reason of expediting the process. To make it go quickly. But this is of the Board of Layman; I do 28 <br />not have the legal background so you give yourself great deference in accepting it and then review it with a 29 <br />much stricter eye. 30 <br /> 31 <br />Barry Katz: Can we just simply state for the record then that whatever decision we make will not be based 32 <br />on certain elements that are in this folder? 33 <br /> 34 <br />James Bryan: You can do that now or you can do that later, in deliberation. 35 <br /> 36 <br />Barry Katz: Ok. 37 <br /> 38 <br />Karen Barrows: I think we have a motion. 39 <br /> 40 <br />MOTION made by Matt Hughes to enter exhibits 1-21 into the record. Seconded by Susan Halkiotis. 41 <br />VOTE: Unanimous 42 <br /> 43 <br />Andy Petesch: Alright, and not to scratch an existing wound but I have 2 other documents. The first is 44 <br />simply, and this may already be in the record but just to be sure, the approved building permit that was 45 <br />issued to SPG. 46 <br /> 47 <br />Michael Harvey: This would be SPG exhibit 22? 48 <br />77
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