Can They, Or Can't They?

On December 12, the Cascade County Board of Adjustment will hear an appeal of the Zoning Administrator's decision that earth moving and construction activity at the HGS site does not require a location/conformance permit.

According to the agenda, see below, public comment is not allowed until after the board has made its decision. Mr. Jerry Taylor, taxpayer, has taken issue with this situation.

What follows are the e-mails sent between him, Brian Clifton, Cascade County Planning Director and Brian Hopkins, Cascade County Deputy Attorney. Mr. Taylor also cc'd the County Commissioners.

Why is Mr. Taylor was so adamant about getting clarification on this matter? Simply put, he was told, emphatically, by the legal team of MEIC that that part of the agenda that allows for argument in favor of the appeal (b) is strictly for them; their arguments and witnesses, not for the public.

I agree with Mr. Taylor's concern. For the attending public, all they will see is this agenda, which does not indicate the public has the right to comment before the board takes action on this appeal. Section b indicates: "Argument in favor of the appeal (appellant or agent)". Does appellant or agent sound like John Q Public to you? It doesn't to me.

Not only that, the board chair is not Mr. Clifton or Mr. Hopkins. Mr. Tim Wilkinson is the chair. Is somebody going to inform him that Mr. Taylor was told he could comment before the board takes action on this appeal? Is somebody going to tell him that Brian Hopkins indicated that Mr. Taylor should be able to respond. Note: "should" does not mean "can".

I am not at all convinced from this dialogue that Mr. Taylor or any other member of the public will be able to comment prior to board action. If they will be able to, as Mr. Hopkins seems to indicate, then the agenda needs to be amended to say that.

Let's get this situation clarified before the meeting, because otherwise, I have a feeling things could perhaps get uncomfortable for some.