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BOA agenda 011419 - cancelled
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BOA agenda 011419 - cancelled
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2/15/2019 3:05:55 PM
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BOCC
Date
1/14/2019
Meeting Type
Regular Meeting
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Agenda
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Draft August 13, 2018 <br />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 <br />2016 that the statement is not pertinent to the LLC. 2 <br /> 3 <br />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 <br />Even if the application was based on a totally fraudulent tax return and the parties could appear before us and prove 5 <br />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 <br />because that’s what the statute says. So, he doesn’t think the board can say the certificate should not have been 7 <br />issued. The only question is who was the certificate issued to and is that the same entity as the party who owns the 8 <br />property. 9 <br />10 <br />Susan Halkiotis asked how the first motion should be worded.11 <br />12 <br />Randy Herman suggested starting with the ones that are not controversial.13 <br />14 <br />Karen Barrows suggested starting with the finding that the structure is used for agritourism.15 <br />16 <br />MOTION by Randy Herman to find as fact that the property is being used for agritourism as that term is defined in the 17 <br />statute. There was no second.18 <br />19 <br />James Bryan said that is more of a conclusion. He suggested a template that includes citing the evidence or what was 20 <br />presented. 21 <br />22 <br />Randy Herman said neither parties have disputed that weddings are taking place on the property. Prior minutes could 23 <br />be relied upon. 24 <br />25 <br />James Bryan said pages 26 to 41 of the agenda abstract were entered into evidence.26 <br />27 <br />Randy Herman said he would include pages 19-22 also, which includes the building permit. 28 <br />29 <br />Barry Katz said he does not think that the board has ever challenged the farm plan summary but like a business plan, 30 <br />what actually happens is very different from what a business plan says. 31 <br />32 <br />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 many33 <br />business plans to believe one.34 <br />35 <br />James Bryan said this is a very good point of what is substantial evidence. The board can refer to the minutes of the 36 <br />prior hearings, which was entered as an exhibit. He said the board does not have to be very specific.37 <br />38 <br />Barry Katz said the proposal was made last year and he doesn’t remember anyone challenging it but the farm plan 39 <br />wasn’t the focus. He noted that originally Kara Brewer said she was going to plant flowers with her children. And then 40 <br />she moved on to this because she got better advice. 41 <br />42 <br />Susan Halkiotis said she agrees with Barry Katz. 43 <br />44 <br />Andy Petesch and LeAnn Brown conferred with James Bryan. 45 <br />46 <br />Karen Barrows said that the board would like to continue to make motions.47 <br />48 <br />James Bryan said the attorneys had been working out how to make it easier for the board to make a motion and the 49 <br />board could reopen the public hearing to hear evidence if that would help. 50 <br />22
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