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