OCPB agenda 120314 - Laserfiche WebLink

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D R A F T 8 379 James Lea: It sounds like there is plus to making recommendations or just having quasi-judicial meetings. 380 381 Tony Blake: In this way our role is to inform more than represent. 382 383 Perdita Holtz: Should that pre-meeting with the Planning Board be the Neighborhood Information Meeting together? 384 385 Lisa Stuckey: In these cases, the folks are hiring lawyers so this is more expense to them. Maybe the lawyer is at 386 the neighborhood meeting and then to our meeting and then they will do the public hearing. 387 388 Lydia Wegman: In your list you say if the Planning Board continues to make a recommendation so are you assuming 389 there is a room as a legal matter to make a recommendation if the Planning Board meeting occurs before the 390 meeting of the BOCC? 391 392 James Lea: It sounds like we are not making recommendations. 393 394 James Bryan: You have the public hearing. The first person to speak is staff who introduces it, reviewing the packet, 395 and one item will be the Planning Board recommendation. 396 397 Lydia Wegman: The Planning Board could hear whatever we are hearing from the public from the applicant and 398 make a recommendation prior to the public hearing that would go into the record that the BOCC would consider? 399 400 James Bryan: Right. The BOCC can’t make a decision based on that recommendation. But it could prompt them to 401 ask the right questions. 402 403 Tony Blake: Wouldn’t staff do that anyway? 404 405 Paul Guthrie: Prior to the formal legal hearing, could this group discuss the project and appear as a witness for 406 information at the legal hearing? 407 408 James Bryan: It depends on the facts but in general, no. I would object. 409 410 Bryant Warren: You said if the Planning Board wanted to be at the informational meeting and they had questions 411 about it and they wanted staff to bring it to the BOCC during the quasi-judicial hearing, would that be a 412 recommendation? As long as it is presented to the BOCC. 413 414 James Bryan: There is a difference between hearing it and using it as a basis for the decision. 415 416 Lisa Stuckey: Do we clarify things or muddy the waters? They can hear it but not base anything on it. 417 418 James Bryan: Attorneys will do that. Give you background information, sort of context for it. 419 420 Tony Blake: Even presenting new facts that are not in evidence, that is not sufficient? 421 422 James Bryan: Right. 423 424 Lydia Wegman: A recommendation could be considered by the BOCC if I understand correctly. 425 426 Paul Guthrie: Are staff communications directly to the BOCC privileged? 427 428 James Bryan: No. 429 430 Paul Guthrie: So they are considered just another testifier? 431 432 12