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Barry Katz said isn’t there an issue that if the LLC didn’t exist in 2016 and they have to file a financial statement for 1 2016 that the statement is not pertinent to the LLC. 2 3 Randy Herman said maybe it is and maybe it isn’t but he is not sure that it’s a determination that the board can make. 4 Even if the application was based on a totally fraudulent tax return and the parties could appear before us and prove 5 without a doubt that it was a fraudulent tax return, he thinks if the certificate was issued the board has to rely on that 6 because that’s what the statute says. So, he doesn’t think the board can say the certificate should not have been 7 issued. The only question is who was the certificate issued to and is that the same entity as the party who owns the 8 property. 9 10 Susan Halkiotis asked how the first motion should be worded. 11 12 Randy Herman suggested starting with the ones that are not controversial. 13 14 Karen Barrows suggested starting with the finding that the structure is used for agritourism. 15 16 MOTION by Randy Herman to find as fact that the property is being used for agritourism as that term is defined in the 17 statute. There was no second. 18 19 James Bryan said that is more of a conclusion. He suggested a template that includes citing the evidence or what was 20 presented. 21 22 Randy Herman said neither parties have disputed that weddings are taking place on the property. Prior minutes could 23 be relied upon. 24 25 James Bryan said pages 26 to 41 of the agenda abstract were entered into evidence. 26 27 Randy Herman said he would include pages 19-22 also, which includes the building permit. 28 29 Barry Katz said he does not think that the board has ever challenged the farm plan summary but like a business plan, 30 what actually happens is very different from what a business plan says. 31 32 Barry Katz said he would not accept this as a fact at all. It is not a fact. It is hypothetical. He said he has done too many 33 business plans to believe one. 34 35 James Bryan said this is a very good point of what is substantial evidence. The board can refer to the minutes of the 36 prior hearings, which was entered as an exhibit. He said the board does not have to be very specific. 37 38 Barry Katz said the proposal was made last year and he doesn’t remember anyone challenging it but the farm plan 39 wasn’t the focus. He noted that originally Kara Brewer said she was going to plant flowers with her children. And then 40 she moved on to this because she got better advice. 41 42 Susan Halkiotis said she agrees with Barry Katz. 43 44 Andy Petesch and LeAnn Brown conferred with James Bryan. 45 46 Karen Barrows said that the board would like to continue to make motions. 47 48 James Bryan said the attorneys had been working out how to make it easier for the board to make a motion and the 49 board could reopen the public hearing to hear evidence if that would help. 50 22