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Approved 4/22/2014 OC Board of Adjustment – 11/11/2013 Page 10 of 123 more recent pictures so I wanted to set those aside. This is a package of the current state of the newly built 1 picnic area which is in Phase II so these pictures were taken recently. Finally, this was an oversight since we are 2 talking about bridges, etc. but I failed to take pictures, I have taken pictures of all the wooden structures along the 3 pathway including the pedestrian bridge as well as other built objects. I have two paragraphs I would like to read. 4 5 Larry Wright: Is this evidence? It can’t be hearsay. It has to be direct evidence, direct testimony. Do you have 6 that direct testimony? 7 8 Michael Buck: Please give me guidance. If I was told something by someone, not they are telling me something 9 someone else said but I had a conversation with the zoning officer and was told a fact. 10 11 Larry Wright: He can do that can’t he (to David Rooks)? 12 13 David Rooks: Yes. He can. 14 15 Larry Wright: Proceed. You are under oath. 16 17 Michael Buck: Mitch Barron of Newland Communities met in late 2007 on November 26 and then again on 18 December 10 during a homeowner’s board meeting. Mitch Barron of Newland Communities directly told me that 19 Newland was not planning to provide any pedestrian only bridges. He told me that Newland’s opinion was they 20 were obligated to provide any pedestrian bridges. He said Newland would do what the county required them to 21 build, he went on to say that on both November 26, 2007 and again on December 10, 2007 that the county had 22 not required any bridges beyond what we are calling the Motorized Vehicle Bridge. He mentioned in both 23 meetings and I understand this may be questionable so, he mentioned in both meetings that the county did not 24 want pedestrian bridges because of current environmental reasons. These statements were made to me on 25 November 26, 2007 and again at the Churton Grove HOA meeting on December 10, 2007 and I will also…I 26 understand there may be questions about my recollection of events. I took notes after that meeting as well as 27 meeting minutes from the HOA were provided so if there is any question about the validity of those statements 28 and my recollection then I would like to offer the contemporaneous notes into the record. 29 30 Larry Wright: Is this the end of what you are submitting into evidence? 31 32 Michael Buck: I have one other statement. 33 34 Larry Wright: Is that evidence? 35 36 Michael Buck: Same thing but with regard to a conversation I had with Robert Davis, Current Planning 37 Supervisor. 38 39 Geof Gledhill: Who was that conversation with? 40 41 Michael Buck: Mitch Barron of Newland Communities. 42 43 Geof Gledhill: That is not under the rules of evidence, admissible. I’ll object to everything altogether. 44 45 David Rooks: Mr. Chairman that is a statement of someone that was not a party. He can testify to statements 46 made to him by representatives of the county but the testimony he has just relayed to you has to do with 47 statements made by third a party that is not admissible. 48