Loading...
Hearing Rules(360) 458-3835 (360) 458-3144 FAX www.ci.yelm.wa.us City of Yelm Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 Wal-Mart Public Hearing The public hearing is to provide an opportunity for any person interested in the Wal-Mart application to provide information to the Hearing Examiner. There are two issues before the Examiner: ?? whether the issuance of a Mitigated Determination of Non-significance was clearly erronious, and ?? whether the site plan conforms to the standards, provisions and policies of the city as expressed in its various adopted plans and ordinances. The public hearing will create the record upon which the Hearing Examiner will base his decision. This record is established for the applicant, the SEPA appellant, and the City. This hearing will be the only time testimony is taken on the proposal. The City Council, upon appeal of the Hearing Examiners decision, will review the record created at the public hearing before the Examiner. How to testify You may par?????ticipate in the hearing by submitting written comments, testifying at the hearing, or both. Written comments and oral testimony are given equal weight by the Hearing Examiner in his decision. Written testimony has no length limitations, so you can explain your concerns or recommendations in detail while testimony presented at the hearing may have time limitations to ensure that everyone has a chance to speak. Oral testimony is given under oath. The most effective testimony is given by the person who has taken the time to review the project application and background as well as the City rules, regulations, and policies by which the project will be measured and is able to make their comments within this framework. The Hearing Examiner will make his decision based on criteria and codes adopted by the City Council. At the very minimum, you should review the staff analysis of the project in order to understand the important points raised during review of the project. Interested parties may review the project application and staff review and recommendation at the City of Yelm web site (www.ci.yelm.wa.us), or by requesting a copy at City Hall (copy charges will apply). Prior to providing testimony, you will be asked to state and spell your name, and provide your mailing address for the record. Effective testimony is: ?? relevant to the issues at hand ?? specifically related to the project ?? not repetitive of previous comments made by others ?? to the point ?? concise ?? supported by facts August 2, 2005 Page 2 of 3 Rather than restate a comment, you may simply indicate that your testimony is in agreement with the previous comments. If you attend the hearing with a large group of people that support the same point of view, consider designating one or two people to express the concerns of the group, and have those who agree with your testimony stand during the testimony. Your should direct all of your comments to the Hearing Examiner, who will request responses from the applicant or appellant, if he deems it appropriate. The Hearing Examiner is there to listen to you, and will not debate the merits of the project. Hearing rules Anyone may attend a public hearing and may speak in accordance with the rules of the Hearing Examiner. Normally in a public hearing on a project proposal, City staff will present background information and a staff report first, and the applicant will then make their presentation. For an appeal hearing, the appellant will then make their presentation. The hearing will then be opened for anyone else wishing to speak regarding the project. The Hearing Examiner has the right to ask questions of anyone at anytime, even after the public hearing is closed. No new testimony outside of specific answers to questions by the Hearing Examiner can be accepted after the hearing is closed, so be sure to get your comments into the record during the hearing. An appeal hearing also includes expert testimony and cross-examination of the experts by the attorneys for the applicant and appellants. The public will not be allowed to cross-examine experts, nor will the public be cross-examined by the attorneys. The Hearing Examiner has the power to prescribe additional rules for the conduct of hearings. Because the Wal-Mart hearing is scheduled to last three days, the Examiner has established the following order of presentation: Day 1 (August 29) Staff Presentation Presentation by Wal-Mart Presentation by Yelm Commerce Group Testimony from the General Public Day 2 (August 30) Staff Report Expert testimony by Wal-Mart Cross examination by Yelm Commerce Group Expert testimony by Yelm Commerce Group Cross examination by Wal-Mart Day 3 (September 1) Continuation of expert testimony (if needed) Closing statements/rebuttal testimony While public comment will be allowed during the 2nd and 3rd days by those who are unable to attend on Monday, it is highly encouraged that public testimony take place on the first day of the hearing. August 2, 2005 Page 3 of 3 Courtesy, decorum, recording, and safety The public hearing will be recorded by recording equipment and a court reporter and transcribed in order to create a clear record. As a courtesy to all participants in the public hearing, and to allow the record to be properly created, please refrain from side conversations, applause, outbursts, or other disruptive behavior. Also please turn off or mute cell phones, pagers, and PDA’s. All persons in attendance shall conduct themselves with decorum and courtesy consistent with both judicial and quasi-judicial proceedings. Participants must: ?? Step to the podium/microphone each time you wish to be recognized by the Hearing Examiner to offer a comment, or to ask or answer a question. ?? Address all testimony, comments and questions to the Hearing Examiner and not to other participants, the applicant or staff. The Hearing Examiner will determine the appropriateness of all questions, and when and to whom to direct the question. ?? Allow others in attendance an opportunity to present their testimony. Do not interrupt the proceedings with applause, heckling, outbursts or other disruptive behavior. ?? Address the issues and application that are before the Hearing Examiner.