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