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12.13.23 BOA Agenda Packet
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12.13.23 BOA Agenda Packet
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BOCC
Date
12/13/2023
Meeting Type
Regular Meeting
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Agenda
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11 <br /> 1 Leon Meyers:We do have pretty specific guidelines from the County Attorney about how to establish standing. And the way <br /> 2 1 read that is it must be a diminution of property value and the diminution must be demonstrated with competent material <br /> 3 and substantial evidence or with an expert opinion. Any other discussion on the motion? All in favor please say aye. <br /> 4 <br /> 5 MOTION made by Nathan Robinson to deny standing. Seconded by Adam Beeman. <br /> 6 VOTE: 4-1 (Beth Bronson opposed) <br /> 7 <br /> 8 Leon Meyers: So that motion carries. Ms. Coronado, I'm sorry,the Board can't grant you standing for this hearing tonight. <br /> 9 But thank you for being here. <br /> 10 <br /> 11 Laura Coronado: I understand. Thank you. <br /> 12 <br /> 13 Leon Meyers: Next person, Jim West. Jim West, in the room or online? <br /> 14 <br /> 15 Cy Stober: If he is here,that would be great. But he did email me earlier today sending his regrets that he could not attend. <br /> 16 <br /> 17 Leon Meyers: Next person, Linda Johnson. Linda Johnson, in the room or online? <br /> 18 <br /> 19 Linda Johnson:Yes. I don't know exactly what to do because I've been corresponding with Adam Lovelady from the UNC <br /> 20 School of Government. And he's been sending me information. And one of the articles that he sent me talks about many <br /> 21 different individuals participate in a hearing without standing consider a quasi-judicial evidentiary hearing for a conditional <br /> 22 use permit, planning staff introduces, but it talks about how you can allow witnesses that there's a difference between a <br /> 23 witness and a person of standing and witnesses are allowed to speak so. <br /> 24 <br /> 25 Leon Meyers:The Board may hear from witnesses whose standing has not been established. But the Board may not <br /> 26 consider that testimony as evidence in the case. I think if you'll read further in Dr. Lovelady's article there,you'll find that it's <br /> 27 the case. And that's the reason that witnesses in tonight's hearing will need to be certified for standing. Do you believe you <br /> 28 have standing to testimony? <br /> 29 <br /> 30 Linda Johnson:According to Adam Lovelady, but I guess not to you. <br /> 31 <br /> 32 Leon Meyers:Thank you. <br /> 33 <br /> 34 Beth Bronson: Pose a question to staff and council potentially, the people who have signed up for a public hearing have not <br /> 35 established standing will they still be able to speak without it being entered into evidence? Like are they given the <br /> 36 opportunity to still without standing to speak? I just want to make sure I interpret what this most recent person has <br /> 37 presented. <br /> 38 <br /> 39 James Bryan: I think there's a distinction between what you guys will do. That's your decision. I can't control all that and <br /> 40 then the legality of it. There is a distinction between parties. Only parties may call witnesses to testify. The Board and its <br /> 41 discretion may call its own witnesses including these people. But they do not have to. If they do, all testimony would be <br /> 42 limited to competent material and substantial evidence regardless. Anything beyond that would be ill advised the potential <br /> 43 for prejudicial testimony subject to objection and later appeal. <br /> 44 <br /> 45 Beth Bronson: Thank you. I appreciate it and to clarify. <br /> 46 <br /> 47 Leon Meyers:Wanda Richardson signed up to speak. It's not clear whether Wanda Richardson is claiming standing or not. <br /> 48 Ms. Richardson here or online? <br /> 49 <br /> 50 Beth Bronson: She's approaching. She's here. <br /> 51 <br /> 52 Leon Meyers: Sorry, Ms. Richardson, come forward, please. Welcome. Could you please tell the Board how you qualify as <br /> 53 a witness for standing for this case? <br /> 54 <br />
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