Laserfiche WebLink
• <br />ti <br />yo; <br />tests is that a decision made in a quasi-judicial proceeding must be based on sub <br />stantial <br />competent evidence. He theorized that testimony during the public comment i these <br />appeals is often not based on evidence but on what people want or do not wantn these <br />see in their neighborhood. He to have or <br />also believed there should be a provision for the attorney <br />representing the landowner to cross-examine each speaker in a quasi-judicial proceedin . <br />This causes an area of confusion which he felt should be cured. He also queried g <br />the right to take an appeal, because he felt the wording was confusingwho had <br />broad. a nd perhaps too <br />Mr. Evans responded to questions of Commissioner Ginn concerning public input <br />and Commissioner Macht's comments about his thoughts that the Commissioners we <br />elected to make decisions and rely on the staffs recommendations. Commissioner ere <br />ht <br />also believed that reliance on the recommendations should not preclude the C inners <br />from hearing testimony and forming their decisions based on such. Commissioner acht <br />mir Macfht <br />felt the court was getting into a legislative role where it did not belong. <br />Deputy County Attorney William G. Collins addressed some of the <br />r <br />Evans raised. He had found in defending some of the lawsuits brought against isthesues that <br />that by looking over the transcripts of the meetings it is possible to fin the County, <br />by speakers. He also believed the public could bring informationd evidence brought <br />not considered, yet would effect someone else's property or to a hearing that staff had <br />P ty their life on that property. <br />Commissioner Ginn pointed out the decision in one of the Supreme Court cases was <br />not unanimous and read aloud the opinion of the dissenting judge. <br />Melissa Webster, 2525 14th Street, Vero Beach, felt some of the decision-making <br />power of the Board would be taken away. The Commissioners were elected to listen to their <br />constituents and make decisions. She urged them to continue to accept that responsibility. <br />p ty. <br />February 12, 2002 <br />r <br />t=1 <br />35 <br />1.111 i ti <br />410 <br />