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Draft 12.9.19 7 Constance Lowe: One question for clarification about the hearsay issue. I noticed in the Board meeting agenda which 1 I’m assuming is this 84 page document. Am I to understand that the documents that are in here where people are 2 quoted making statements, are those to be considered hearsay and not admissible because they are in the agenda that 3 was distributed earlier today? 4 5 Barry Katz: We don’t make that packet. 6 7 Constance Lowe: Mr. Harvey, are the statements that people recorded in making the exhibits that were submitted with 8 Mr. Hall’s petition -- 9 10 Randy Herman: As I said, the Board isn’t governed by strict rules of evidence, so we can allow some hearsay evidence 11 if we determine it to be germane. It is going to limit the extent to which we consider that evidence in making our 12 decision.13 14 Constance Lowe: Okay. Well, I will refer everyone to the agenda document. I’m looking at an article that was 15 submitted as Exhibit D2 to Mr. Hall’s petition starting on page 38. There are quotations that start on about page 41. 16 Commissioner Barry Jacobs is quoted as saying following the public comment, “We are trying to regulate the effects on 17 other people.” (Inaudible) I can appreciate the desire to want to minimize conflict, but I don’t know of any fights that 18 have broken out because of the flag. I think there is more controversy in the news about it than anything else. 19 (Inaudible). Have you all heard anybody specifically tell you that seeing that particular flag on Highway 70 made them 20 physically ill or upset or caused them not to come back to Hillsborough? 21 22 Randy Herman: I would like to ask a question. Mr. Harvey has submitted that the only question relevant here is whether 23 or not the flag is in fact larger than 24 sq.ft. Do you disagree with that? 24 25 Constance Lowe: No, we do not.26 27 Randy Herman: Do you have any other witnesses? 28 29 Constance Lowe: I do not at this time. 30 31 Randy Herman: Does anyone have any questions? 32 33 Susan Halkiotis: I agree with the statement that you made earlier that we should all talk to each other more. I think 34 that’s missing in a lot of our daily lives. As Randy stated and Mr. Harvey stated earlier, the only decision before us 35 tonight is whether or not staff erred in assessing the size of the flag. I think this is a short discussion because in 36 evidence is your admission that this flag is larger and exceeds 24 sq.ft. limit.37 38 Randy Herman: Mr. Harvey? 39 40 Michael Harvey: A couple points of clarification need to be brought forth. As articulated by staff and spelled out in 41 Attachment 2 page 46, the elected officials directed the county attorney’s office and staff to initiate a UDO text 42 amendment to address concerns over a lack of clear and comprehensive regulations to ensure that flags would not be 43 so large as to dominate local skylines and to clarify existing regulations; flags and flagpoles specifically to allowable 44 height, location, number and the maximum allowable area that can be displayed within residential and non-residential 45 zoning districts. The Board chose to adopt an amortization policy establishing a timeframe in which flags erected prior 46 to the adoption of these standards have to be brought to compliance with the code. They chose to adopt a rule 47 establishing a timeframe and time limit. That timeframe had passed. We have a flag that is larger than 24 sq.ft. and we 48 are looking to bring the flag into compliance with the applicable standard consistent with the policy adopted by the 49 BOCC at its May 2018 public hearing.50