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132 <br /> April 1,198, <br /> ATTORNEY'S COMMENTS <br /> Drupe Jonee, City AttOrney, presented a resolution to the council <br /> propeeing the appointment of a moderator to conduct hearings before. <br /> the P.lanning Commission and -City Council on the' Shoreline 1 <br /> Substantial DeVelopment Permit Application regarding the DavY <br /> Homeport. He asked council to approve the resolution. <br /> RESOLUTION NO.2840 • <br /> T , <br /> I WHEREAS,the City of Everett has received an application from <br /> the U.S. Navy for a Shoreline Substantial Development Permit <br /> regarding the Navy Homeport,and <br /> wHERsAs, the Navy application involves a large volUme of <br /> information and the City Council anticipates that complex data and <br /> information will Pe required to be reviewed and analywed,and <br /> WHEREAS, the City Council aleo anticipates that the project <br /> applicant and the 13.11c-et-large will Present.number of diVergent <br /> opinions and data and information as well as diverse legal opinions <br /> coneerning said aPPlicatien,and <br /> WHEREAS, the City Council desires that all aspects of the <br /> Procedure be both fair in substance and appearance recognising <br /> differing points of view and finds that an impartial moderator for <br /> the public hearings and meetings will assist in determining legal <br /> and proCedUral issues and aid in eliciting all points of view while <br /> assuring that the permit application proceeds prudently Put <br /> expeditiouslY; <br /> NOW,THEREFOR6 B6 IT RESOLVED BY THE CITY COUNCIL OF TEE CITY <br /> OF EVERETT that a moderator shall be appointed to chair and conduct <br /> all pUhlic hearings and meetings of the Planning Commission and CitY <br /> Council concerning the aPPlication by the U.S.NaVY fer a Shoreline <br /> Substantial Development Permit regarding the Navy Homeport. The <br /> mode... shall be legally trained and experienced and shall be <br /> selected jointly by the Chairman of the Planning Commission and the <br /> President of the City Council. The moderator shall assure that the <br /> ' II hearings and meetings follow appropriate procedures and shall make <br /> recommendations to the Planning Commission and Council on issues of <br /> law as may arise during the proceedings. The moderator shall he <br /> charged with the duty of expediting the bearings and meetings. <br /> Repetive and non-relevant teatimony shall be discouraged, and <br /> written testimony nnall be encOUraged, particularly scientific, <br /> technical or statistical data. In order to eXpedite the hear.. <br /> and meetings and allow all member.of the public to be heard, all <br /> oral testimony of the general public should be no more"ilia,333five <br /> minutes,eXcept where the moderatOr rUles that a person giving oral <br /> testimony is a bona fide group spokesperson or otherwise wDere the <br /> moderator in his/her discretion rules that additional time will be <br /> relevant,non-repetitive and Will not unduly delay the proceedings. <br /> Neither city staff,the applicant,nor members of the public mill be <br /> allowed direct cross-examintion of witneasee; hoWeVer, written <br /> questions of witnesses may he presented to the moderstor who <br /> • <br />