Agenda - 03-16-2021; 8-a - Minutes

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2 1 Arts Moment— No Arts Moment was available for this meeting. 2 3 4 2. Public Comments 5 a. Matters not on the Printed Agenda 6 Chair Price asked if the Board of Country Commissioners (BOCC) should vote to allow 7 further public comment on Efland Station. 8 John Roberts said the public hearing for Efland Station is closed, and although the 9 Board's rules allow for public comment on items not on the printed agenda, if the Board allows 10 additional comments on Efland Station, any future decision could be jeopardized by questions 11 of fairness to the Applicant and public participants with legal standing, and whether they 12 received an adequate follow-up opportunity. 13 Chair Price reviewed the list of names, and felt that most of them had spoken before on 14 Efland Station. 15 Commissioner McKee said he feels there is little difference between making a comment 16 at the meeting this evening, and people writing emails or calling the Commissioners. 17 John Roberts said there is not a substantial difference. His recommendation is that 18 when the Board makes its decision, it should not consider any comments received after the 19 deadline for comments on the Efland Station application, whether they are phone calls, written 20 comments, or verbal ones this evening. He said the deadline for written public comments was 21 24 hours after the closure of the public hearing. 22 Commissioner Greene said it sounds like the Board could hear the comments, as long 23 as it does not consider them. 24 Commissioner Dorosin asked if there are risks are for allowing people to speak, even if 25 the Board does not consider the comments. 26 John Roberts said the risk is minimal and the Board could affirmatively state that it would 27 allow comments but not consider them. He said the Board has never restricted comment, to his 28 knowledge. He said it is not a quasi-judicial hearing, but rather a legislative one, so therefore 29 the risk for is low. 30 31 A motion was made by Commissioner Bedford, seconded by Commissioner Dorosin for 32 the Board not to receive the comments about Efland Station. 33 34 Commissioner McKee said he is concerned about not hearing the comments, because 35 he has received emails and phone calls, and does not want to restrict comments. He cannot 36 think of a time when the Board has restricted comments. He said he believes the public has a 37 right to speak, and the Board should consider the application on its merits, not public comment. 38 He said he would vote against the motion. 39 Chair Price said she is concerned that the Board has told the public that the public 40 comment period was over. 41 Commissioner McKee said it is important to let people make a comment, and he has 42 allowed anyone who wanted to talk to him about the issue do so, without making comments 43 back. 44 Commissioner Dorosin said he is concerned about being fair to those who did not sign 45 up to speak at this meeting, because they felt the public hearing was over. He suggested for 46 future public hearings that after the hearing is over, have a specific mailbox for comments on 47 that issue be available. He said telling the public they can speak this evening, but the 48 comments will not be considered, feels specious. He said letting individuals speak on Efland 49 Station tonight makes it seem like the hearing never ends. He said it feels like it sets the wrong 50 precedent, and this is not the same as saying no one can speak on a topic at any time. He said 51 it is specific to the context of having had a public hearing.