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Approved 4/3/19 <br />Lydia Wegman: Where you say the applicant shall have the burden of persuasion on those issues. What issues are you 337 <br />referring to? If I’m understanding correctly James, you’re trying to say the first sentence is about the burden of production 338 <br />and the second sentence is about the burden of persuasion? 339 <br /> 340 <br />James Bryan: I don’t have it in front of me. 341 <br /> 342 <br />Lydia Wegman: When you were drawing the distinction, you were saying the burden of proof consists of the burden of 343 <br />production and the burden of persuasion. 344 <br /> 345 <br />James Bryan: I believe the first sentence was what’s currently in our UDO and what I believe is the definition of burden of 346 <br />production. 347 <br /> 348 <br />Lydia Wegman: We have this new burden of persuasion language which was not there before with reference to issues, but 349 <br />the first sentence doesn’t actually reference specific issues. 350 <br /> 351 <br />James Bryan: It should reference the standards for whatever section is applicable. 352 <br /> 353 <br />Lydia Wegman: It’s confusing for an applicant to know the issues. If we are going to keep the burden of persuasion 354 <br />language, I think it needs to be clarified. 355 <br /> 356 <br />James Bryan: It might have been a copy and paste from Durham where it should have been specified. 357 <br /> 358 <br />David Blankfard: Since burden of persuasion is a legal term that is not quite obvious to laypeople, is there a way that we 359 <br />can italicize it so people can Google “burden of persuasion” as opposed to Googling each word, because it means a whole 360 <br />host of legal implications. 361 <br /> 362 <br />James Bryan: I always recommend that ordinances be unaltered and just plain, simple rules. At 600 pages it will never be 363 <br />user friendly. What you do then is create forms and pamphlets to educate the public. I think forms like the application, a 364 <br />fill in the blank type of thing, along with pamphlets. 365 <br /> 366 <br />Kim Piracci: Does Michael have to go back and correct or improve that imperfection that you brought up? 367 <br /> 368 <br />Michael Harvey: You don’t want to know what Michael is thinking right now. 369 <br /> 370 <br />Kim Piracci: Can we call this to vote or do we have to come back for it because there’s an imperfection? 371 <br /> 372 <br />James Bryan: I would always advise against coming up with language on the spur of the moment, but if you were to say 373 <br />relevant issues I think that clarifies it. It’s one word and describes the issues. 374 <br /> 375 <br />Michael Harvey: I’m not signing off on that. I am not comfortable with that suggestion at this time. 376 <br /> 377 <br />Kim Piracci: So, we can’t vote on this tonight, anyway? 378 <br /> 379 <br />Lydia Wegman: We can vote on the language as it sits before us. 380 <br /> 381 <br />Michael Harvey: This was drafted after a 45-minute discussion between Mr. Bryan and myself to address concerns of legal 382 <br />sufficiency. 383 <br /> 384 <br />Craig Benedict: I like the brochure idea or something that explains how we implement this. If we cannot put it as a 385 <br />definition with an elaboration of it, which isn’t being suggested, then the language as it is would be useable with a 386 <br />brochure. This would explain what we are trying to achieve. 387 <br /> 388 <br />Michael Harvey: Are you going to come up with a brochure? 389 <br /> 390 <br />Lydia Wegman: The brochure also isn’t the standard of court with review. It could be helpful to applicants, but it won’t 391 <br />address the question if it were challenged. The brochure wouldn’t be admissible. 392