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DRAFT 6 1 Susan Halkiotis: But to answer Barry’s question. Should it ever have come to us to begin with? The 2 answer is yes because it came to us under Special Use Permit? 3 4 Michael Harvey: My comment to that is it came before you because that was our determination that 5 was never appealed. 6 7 Barry Katz: Ok. 8 9 Karen Barrows: Any further questions? Ms. Brown? 10 11 LeAnn Brown: Thank you. If I could begin please with some evidentiary… I want to get some 12 evidentiary issues out of the way and then move on to the next thing. Mr. Harvey has introduced 13 and you have received into evidence the information that he prepared as the record the 160A-388 14 (b)15. Is the Statute that establishes your procedures for these hearings and it requires the official 15 who made the decision, which would be Mr. Harvey to transmit to the Board documents and 16 exhibits that constitute the record from which the action for appeal is taken. And originally what was 17 proffered to you, as the package was the staff review and my application for appeal, which included 18 Mr. Harvey’s ruling and that was that was it. 19 20 Karen Barrows: LeAnn? 21 22 LeAnn Brown: Yes? 23 24 Karen Barrows: Could we ask you to use the microphone please? 25 26 LeAnn Brown: Sure. Would you like me to stand? Would that be better? We don’t have mics at our 27 desk so… 28 29 Karen Barrows: I see that. 30 31 LeAnn Brown: So if… We’ll be happy to stand and maybe the public can hear us better. 32 33 Karen Barrows: Thank you. 34 35 LeAnn Brown: So from the standpoint of the record, he has introduced in the record as the record 36 the items that I identified he has since asked you and you have received a copy of your order and 37 particular pieces of the Statute. In the appeal that we filed we incorporated into that appeal by 38 reference the materials that were before you. At your two prior hearings you had the Special Use 39 Permit hearing and then the two part hearing on the first appeal. We believe that by incorporating 40 those into… by reference in our application that they would be before you as part of our 41 applications since they’re incorporated. We certainly believe that while this is not an appeal of that 42 decision that the information you had before you that night is relevant in material to any record that 43 would go from here to any other tribunal in order for the tribunal to have before them the full 44 panoply of materials that you have reviewed. The short story here is that following some 45 communication with Mr. Bryan, who represents your Board at this hearing but does not represent 46 Mr. Harvey at this hearing or in the preparation of the record. I spoke with Mr. Harvey and Mr. 47