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65 <br /> DRAFT <br /> 435 <br /> 436 Carrie Fletcher asked the members of the board if everyone would be okay with it if the sentence was struck. Ms. <br /> 437 Wegman replied that she would want to know why the attorney was comfortable striking it having felt strongly about <br /> 438 putting it in. <br /> 439 <br /> 440 Michael Harvey reminded the board that they could recommend approval as amended and then further amend that <br /> 441 the term burden of persuasion get removed. He mentioned to them that he thinks the County Attorney may show up <br /> 442 that public hearing and say the language has to be added back in. <br /> 443 <br /> 444 Carrie Fletcher questioned whether the burden of persuasion language could be made clearer. She even suggested <br /> 445 possibly listing it out. <br /> 446 <br /> 447 Michael Harvey replied that he didn't disagree but pointed out that it could possibly be referred right back to them to <br /> 448 modify language. Mr. Harvey addressed their unease and reiterated no one was happy with the burden of <br /> 449 persuasion based on it's not understood, they don't like it, they don't feel it's been adequately explained,and they <br /> 450 want the attorney to give more understanding as to why it's needed. <br /> 451 <br /> 452 Alexander Gregory commented that the likes the point that it makes. <br /> 453 <br /> 454 Randy Marshall asked whether there was pressure to complete this. Mr. Harvey stated,yes. <br /> 455 <br /> 456 Alexander Gregory stated his faith in the attorney's judgement but questioned if they attorney would make the final <br /> 457 call or if it would make a full circle. <br /> 458 <br /> 459 Michael Harvey provided the option that they could technically adjourn the meeting to a day time certain reconvene in <br /> 460 two weeks in order to get the attorney's comments. <br /> 461 <br /> 462 Adam Beeman asked whether they would have a chance to discuss their concerns with the attorney or just receive <br /> 463 comments. Mr. Beeman voiced his desire to have a discussion with the County Attorney. Michael Harvey replied <br /> 464 that they could request the attorney be present and reiterated the option of reconvening to March 201". <br /> 465 <br /> 466 Paul Guthrie spoke on burden and stated it could only be valued by the vote of the commissioners. Mr. Harvey <br /> 467 replied that Mr. Guthrie was correct. Mr. Guthrie described it as a self-serving definition. Mr. Harvey stated it <br /> 468 certainly would be up to the Board of Adjustment members and Board of County Commissioners to determine if that <br /> 469 burden had been met. <br /> 470 <br /> 471 Paul Guthrie question why it was not said that way instead of the other way around. Mr. Harvey, acknowledged that <br /> 472 it was a good question but stated he did not have an answer. <br /> 473 <br /> 474 Michael Harvey asked if everyone would be available in two weeks and asked for confirmation that he was hearing <br /> 475 that it was the board's interest to adjourn the meeting to March 20th at 7:00 p.m. in order to ask the attorney to be <br /> 476 present to answer questions or if absent, to provide sufficient documentation articulating why burden of persuasion is <br /> 477 necessary. <br /> 478 <br /> 479 Lydia Wegman clarified that they not only wanted a statement, but an addition to the ordinance clarifying the meaning <br /> 480 and why he felt compelled to add it. <br /> 481 <br /> 482 Michael Harvey asked whether he was also hearing that the board is interested in modifying the UDO to expand <br /> 483 retreat center activities in commercial districts. <br /> 484 <br /> 485 Adam Beeman remarked he would motion that. <br /> 486 <br /> 487 Lydia Wegman stated she would agree to that. <br /> 488 <br /> 489 Carrie Fletcher stated she felt more strongly about the first than the second. <br />