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212 <br /> DRAFT <br /> 492 be a condition of approval by the county,so this gets a little more complicated if it's the <br /> 493 commissioner within the hearing, but we have some time. <br /> 494 <br /> 495 Beth Trahos: So we could submit that updated condition in the morning? Is that— <br /> 496 <br /> 497 Cy Stober: The sooner the better for our packet-assembly purposes for the commissioners and the hearing, <br /> 498 but yeah. <br /> 499 <br /> 500 Beth Trahos: I can handwrite it tonight, but I can only get it to you typed out in the morning. <br /> 501 <br /> 502 Cy Stober: Yeah,that's perfectly acceptable. We prefer to have it in how you've already formatted it. That <br /> 503 would be great. <br /> 504 <br /> 505 Beth Trahos: Sure. <br /> 506 <br /> 507 Lamar Proctor: So would that be, if once we get through questions and discussion,would that be a motion to <br /> 508 approve the statement of consistency with the amendment to Condition 7? <br /> 509 <br /> 510 Cy Stober: If it's agreeable to the board. <br /> 511 <br /> 512 Lamar Proctor: Okay. All right. <br /> 513 <br /> 514 Chris Johnston: I don't mean to continue being a stick in the mud here, but so Condition 7 says, "Shall offer limited <br /> 515 access to planned trails for students on the cross-country team,"so that's a very specific thing. <br /> 516 But now, now what Condition 7 is going to say is, "All the kids from Eno River Academy can utilize <br /> 517 the open space and trails from the," I mean that's a— <br /> 518 <br /> 519 Beth Bronson: Limited. <br /> 520 <br /> 521 Lamar Proctor: Pursuant to an— <br /> 522 <br /> 523 Charity Kirk: Limited access. <br /> 524 <br /> 525 Lamar Proctor: —agreement drafted by the landowner. So I think that the only reasonable interpretation is that is <br /> 526 just their commitment to a good-faith effort to have those discussions with Eno River Academy to <br /> 527 see if they can come to an agreement. <br /> 528 <br /> 529 Chris Johnston: Okay, so that isn't how it reads to me, and I'm not,to me,that says"shall offer limited access". <br /> 530 And so if we're saying they need to have a discussion and come to an agreement or whatever, 1 <br /> 531 think we should be clear about that. Because what it looks like right now is"shall offer limited <br /> 532 access". I might be misunderstanding that, and I apologize. <br /> 533 <br /> 534 Cy Stober: Yeah, I think the, my reading of it is that the verb"offer"means that that offer can be accepted or <br /> 535 not, and we're just expanding the scope of the offer. <br /> 536 <br /> 537 Lamar Proctor: I would agree with that. <br /> 538 <br /> 539 Chris Johnston: I'm not a lawyer, so if I've got two of them saying something,then I'm not— <br /> 540 <br /> 541 Charity Kirk: Agreed. <br /> 542 <br /> 543 Lamar Proctor: Statler wanted— <br /> 544 <br /> 545 Statler Gilfillen: Very minor technical issue with the language. When you say just students, I'd like to stay students <br /> 546 and teachers or something to that so that— <br />