1 00:00:05,170 --> 00:00:08,790 [Music] 2 00:00:08,800 --> 00:00:13,120 everybody um I think we are ready to go 3 00:00:13,120 --> 00:00:16,240 um once again um we've had some 4 00:00:16,240 --> 00:00:18,119 technical difficulties here so briefly I 5 00:00:18,119 --> 00:00:21,119 will summarize for the recording where 6 00:00:21,119 --> 00:00:25,039 we are uh we have done the call to order 7 00:00:25,039 --> 00:00:27,160 and roll call for the ches beach board 8 00:00:27,160 --> 00:00:30,519 of appeals uh 7 p.m. November 14 9 00:00:30,519 --> 00:00:33,520 2023 we have a quorum on the board we 10 00:00:33,520 --> 00:00:35,840 went through some brief announcements uh 11 00:00:35,840 --> 00:00:39,879 concerning uh how this meeting is run um 12 00:00:39,879 --> 00:00:43,200 and then we reintroduce the continuation 13 00:00:43,200 --> 00:00:52,470 of case 14 00:00:52,480 --> 00:00:55,559 2023-the from Mr pounds before we 15 00:00:55,559 --> 00:00:58,000 continue Mr 16 00:00:58,000 --> 00:01:01,320 pounds announce that date just so people 17 00:01:01,320 --> 00:01:03,239 in the public can apologies good idea 18 00:01:03,239 --> 00:01:05,199 yes uh one announcement that is 19 00:01:05,199 --> 00:01:07,159 important for the recording is that our 20 00:01:07,159 --> 00:01:09,799 plan schedule is to resume Thursday 21 00:01:09,799 --> 00:01:14,040 January 4th 2024 at 7 pm that's January 22 00:01:14,040 --> 00:01:15,360 4th 23 00:01:15,360 --> 00:01:17,479 2024 uh thank 24 00:01:17,479 --> 00:01:21,240 you uh Mr pounds okay Mr chair uh 25 00:01:21,240 --> 00:01:23,119 members of the board again uh good 26 00:01:23,119 --> 00:01:25,560 evening uh Todd pounds representing the 27 00:01:25,560 --> 00:01:28,200 town of Chess be Beach uh ladies and 28 00:01:28,200 --> 00:01:30,200 gentlemen uh basically we you know we're 29 00:01:30,200 --> 00:01:33,079 here today uh basically to hear uh you 30 00:01:33,079 --> 00:01:35,320 know was supposed to be sworn testimony 31 00:01:35,320 --> 00:01:37,479 and hearing with regard to this 32 00:01:37,479 --> 00:01:39,520 application as it turns out at the 33 00:01:39,520 --> 00:01:43,439 beginning of this uh the board uh indeed 34 00:01:43,439 --> 00:01:45,840 instructed Mr Blitz whether he was going 35 00:01:45,840 --> 00:01:47,479 to have certain Witnesses testify and 36 00:01:47,479 --> 00:01:51,600 indeed uh Witnesses got up raised their 37 00:01:51,600 --> 00:01:54,399 hand and swore uh took the o to SW to 38 00:01:54,399 --> 00:01:56,840 tell the truth uh I remember seeing two 39 00:01:56,840 --> 00:02:00,759 people uh uh and nence uh we had sworn 40 00:02:00,759 --> 00:02:04,880 in Mr Donovan and also Mr Woodburn uh at 41 00:02:04,880 --> 00:02:06,759 that time I didn't really look but I 42 00:02:06,759 --> 00:02:09,599 really didn't see Mr Blitz indeed 43 00:02:09,599 --> 00:02:12,480 swearing himself in uh at that time Mr 44 00:02:12,480 --> 00:02:15,160 Blitz uh then began his testimony which 45 00:02:15,160 --> 00:02:17,800 became a narrative in which he began to 46 00:02:17,800 --> 00:02:21,120 speak uh and go on uh which has now gone 47 00:02:21,120 --> 00:02:23,319 on for about five hours regarding his 48 00:02:23,319 --> 00:02:25,319 interpretation and what was supposed to 49 00:02:25,319 --> 00:02:28,480 be quote unquote testimony uh at the end 50 00:02:28,480 --> 00:02:30,879 of the uh the last hearing at the 51 00:02:30,879 --> 00:02:32,720 beginning of the last hearing I made a 52 00:02:32,720 --> 00:02:34,519 motion that indeed that was completely 53 00:02:34,519 --> 00:02:38,120 improper for Mr Blitz to just uh give a 54 00:02:38,120 --> 00:02:41,239 narrative like this uh indeed as a 55 00:02:41,239 --> 00:02:43,159 result because it is indeed not 56 00:02:43,159 --> 00:02:45,239 testimony he can't sit there and just 57 00:02:45,239 --> 00:02:47,519 you know give a narrative and testimony 58 00:02:47,519 --> 00:02:49,800 as he's going to be going forward Mr 59 00:02:49,800 --> 00:02:52,239 susman then testified didn't testify but 60 00:02:52,239 --> 00:02:55,080 he then made the statement uh I think 61 00:02:55,080 --> 00:02:56,879 and Leisa if I didn't if I'm 62 00:02:56,879 --> 00:02:59,280 paraphrasing that correctly let me know 63 00:02:59,280 --> 00:03:03,360 I think that Mr Blitz swore himself in 64 00:03:03,360 --> 00:03:06,040 uh and Mr Blitz definitively stated that 65 00:03:06,040 --> 00:03:09,519 point yes I swore myself then uh at that 66 00:03:09,519 --> 00:03:11,720 time the uh the hearing went on and we 67 00:03:11,720 --> 00:03:13,599 spent another couple of hours uh indeed 68 00:03:13,599 --> 00:03:15,440 for the rest of the hearing basically 69 00:03:15,440 --> 00:03:18,239 you know which is in essence Mr Blitz 70 00:03:18,239 --> 00:03:21,159 you know stating his quote narrative 71 00:03:21,159 --> 00:03:23,120 which was indeed testimony as evidence 72 00:03:23,120 --> 00:03:25,400 now what that why that is that important 73 00:03:25,400 --> 00:03:27,959 a narrative is just someone talking okay 74 00:03:27,959 --> 00:03:30,280 that is not uh in any way evidence that 75 00:03:30,280 --> 00:03:32,280 is not in any way for you to be 76 00:03:32,280 --> 00:03:35,080 evaluated as as evidence testimony is 77 00:03:35,080 --> 00:03:36,720 evidence that's the reason he has to be 78 00:03:36,720 --> 00:03:40,360 sworn at so as it turns out I then uh uh 79 00:03:40,360 --> 00:03:42,439 contacted Miss wall and I wanted to 80 00:03:42,439 --> 00:03:44,799 indeed verify that indeed Mr litz had 81 00:03:44,799 --> 00:03:47,560 sworn himself in and as it turns out he 82 00:03:47,560 --> 00:03:51,120 did not um he did not uh swear himself 83 00:03:51,120 --> 00:03:54,120 in with with regard to uh that he did 84 00:03:54,120 --> 00:03:56,280 not raise his hand and according to the 85 00:03:56,280 --> 00:03:58,439 video it did not appear that he said I 86 00:03:58,439 --> 00:04:01,799 agree to tell the truth so in essence 87 00:04:01,799 --> 00:04:04,120 that is a big problem uh in that we are 88 00:04:04,120 --> 00:04:07,120 now five hours which is most of it into 89 00:04:07,120 --> 00:04:09,159 is what Mr Blitz was talking about as 90 00:04:09,159 --> 00:04:11,599 being a narrative which means that 91 00:04:11,599 --> 00:04:13,799 indeed without him swearing himself in 92 00:04:13,799 --> 00:04:16,519 none of it is evidence uh I mean none of 93 00:04:16,519 --> 00:04:18,479 it is to be considered by you as 94 00:04:18,479 --> 00:04:20,519 evidence in the trial that is nothing 95 00:04:20,519 --> 00:04:23,080 more than him doing his talking and 96 00:04:23,080 --> 00:04:24,800 really it's it's you know maybe 97 00:04:24,800 --> 00:04:27,840 considering his opinion but it indeed is 98 00:04:27,840 --> 00:04:30,960 not in any way fore to considered as uh 99 00:04:30,960 --> 00:04:33,560 evidence uh or as testimony as a result 100 00:04:33,560 --> 00:04:39,110 of his fear to SW SAR himself 101 00:04:39,120 --> 00:04:42,320 in now again you know now it's 102 00:04:42,320 --> 00:04:46,400 Undisputed that we do have you know uh evidence that came in through the 103 00:04:46,400 --> 00:04:48,360 records okay that doesn't apply to these 104 00:04:48,360 --> 00:04:50,400 those are records and you can certainly 105 00:04:50,400 --> 00:04:53,000 review those records as you think is 106 00:04:53,000 --> 00:04:54,639 appropriate but this is primarily 107 00:04:54,639 --> 00:04:56,240 talking about what Mr Blitz was talking 108 00:04:56,240 --> 00:05:00,320 about uh in essence uh his 109 00:05:00,320 --> 00:05:01,919 what I'm going to call a narrative that 110 00:05:01,919 --> 00:05:04,680 indeed testimon so basically everything 111 00:05:04,680 --> 00:05:07,840 that he has said so far I'm moving to 112 00:05:07,840 --> 00:05:10,440 strike because in essence it is not 113 00:05:10,440 --> 00:05:12,759 evidence and you're not and and you're 114 00:05:12,759 --> 00:05:15,840 not to really consider that at all well 115 00:05:15,840 --> 00:05:18,240 here's a problem uh here you have a 116 00:05:18,240 --> 00:05:21,280 board and you're into this for five plus 117 00:05:21,280 --> 00:05:23,960 hours and I'm asking you for course 118 00:05:23,960 --> 00:05:25,840 under the law indeed you're not to be 119 00:05:25,840 --> 00:05:28,319 considered anything that is said okay I 120 00:05:28,319 --> 00:05:30,880 mean so is a problem for this board 121 00:05:30,880 --> 00:05:32,280 because in essence 122 00:05:32,280 --> 00:05:34,199 would you know if you're being 123 00:05:34,199 --> 00:05:37,520 instructed to indeed not review any type 124 00:05:37,520 --> 00:05:39,680 of evidence or anything like that to 125 00:05:39,680 --> 00:05:42,319 just open it and close it and pretend 126 00:05:42,319 --> 00:05:44,160 like you never heard it well that's 127 00:05:44,160 --> 00:05:46,120 almost impossible especially going on 128 00:05:46,120 --> 00:05:48,400 for five hours I can certainly 129 00:05:48,400 --> 00:05:50,759 understand if it was one comment here 130 00:05:50,759 --> 00:05:52,759 which 99% of the time you see that as 131 00:05:52,759 --> 00:05:54,960 far as AEM motion to strike a comment a 132 00:05:54,960 --> 00:05:57,440 motion five hours it becomes almost 133 00:05:57,440 --> 00:06:00,080 impossibility okay but at the same time 134 00:06:00,080 --> 00:06:01,880 that's where we are and uh so that's 135 00:06:01,880 --> 00:06:03,600 what I'm going to be asking you to do is 136 00:06:03,600 --> 00:06:07,759 in essence with this motion to uh uh 137 00:06:07,759 --> 00:06:09,360 indeed strike everything that he's 138 00:06:09,360 --> 00:06:12,759 indeed said so here's the other problem 139 00:06:12,759 --> 00:06:16,800 uh which is as a lawyer okay I consider 140 00:06:16,800 --> 00:06:20,319 it a big problem I mean a big problem um 141 00:06:20,319 --> 00:06:24,120 Mr Mr Blitz when he was asked by Mr 142 00:06:24,120 --> 00:06:26,919 susman did you swear yourself then and 143 00:06:26,919 --> 00:06:30,039 he was definitive yes 144 00:06:30,039 --> 00:06:33,560 okay it wasn't a I think so I mean if 145 00:06:33,560 --> 00:06:35,000 I'm wrong on that we can go back and 146 00:06:35,000 --> 00:06:37,520 look at it but it was a yes I did and 147 00:06:37,520 --> 00:06:38,960 all sudden the testimony began to 148 00:06:38,960 --> 00:06:41,120 proceed the problem is that is a 149 00:06:41,120 --> 00:06:43,360 definitive statement by a lawyer to this 150 00:06:43,360 --> 00:06:46,280 board during a hearing that's a problem 151 00:06:46,280 --> 00:06:48,400 lawyers cannot make you know definitive 152 00:06:48,400 --> 00:06:49,800 statements which are in essence 153 00:06:49,800 --> 00:06:51,759 misrepresentations to a board you're not 154 00:06:51,759 --> 00:06:53,880 supposed to make it anyway especially D 155 00:06:53,880 --> 00:06:56,680 to a board during the hearing and that's 156 00:06:56,680 --> 00:07:01,440 what's happened so uh where does that leave him what does that leave the 157 00:07:01,440 --> 00:07:04,039 board I don't know okay I'll be frank 158 00:07:04,039 --> 00:07:06,280 because this all this happened you know 159 00:07:06,280 --> 00:07:08,879 I I got it yesterday and in essence I 160 00:07:08,879 --> 00:07:10,759 contacted Mr susman this morning first 161 00:07:10,759 --> 00:07:12,240 thing this morning was about 7:30 this 162 00:07:12,240 --> 00:07:14,599 morning when I sent the email and I said 163 00:07:14,599 --> 00:07:17,199 we have a problem okay this is a problem 164 00:07:17,199 --> 00:07:19,080 with regard to you know where we are 165 00:07:19,080 --> 00:07:21,759 with regard to all this and so uh 166 00:07:21,759 --> 00:07:23,440 basically when you came in today we were 167 00:07:23,440 --> 00:07:26,960 Mr susman uh Mr Blitz and Miss wall and 168 00:07:26,960 --> 00:07:28,440 I were all in the room trying to figure 169 00:07:28,440 --> 00:07:30,360 this out and believe me nobody has a 170 00:07:30,360 --> 00:07:32,800 solution to this because now we have in 171 00:07:32,800 --> 00:07:35,639 essence what I consider a big deal an 172 00:07:35,639 --> 00:07:37,720 attorney making a definitive 173 00:07:37,720 --> 00:07:40,800 misrepresentation to this board um how 174 00:07:40,800 --> 00:07:42,840 that's going to be handled or what what 175 00:07:42,840 --> 00:07:44,639 is the consequences of that I'll be 176 00:07:44,639 --> 00:07:58,309 frank I don't know but indeed it's a 177 00:07:58,319 --> 00:08:04,029 problem 178 00:08:04,039 --> 00:08:06,080 so basically you know and the reason I 179 00:08:06,080 --> 00:08:08,000 say that okay and I'm going to put it on 180 00:08:08,000 --> 00:08:10,560 the record because you you can make what 181 00:08:10,560 --> 00:08:12,960 whatever judgment you want to because 182 00:08:12,960 --> 00:08:14,639 I'm not sure ethically where we are with 183 00:08:14,639 --> 00:08:18,599 all this I mean I don't know because uh 184 00:08:18,599 --> 00:08:21,199 you know we have an attorney who's been 185 00:08:21,199 --> 00:08:22,879 uh getting a narrative which was 186 00:08:22,879 --> 00:08:25,360 supposed to be a statement and testimony 187 00:08:25,360 --> 00:08:27,919 the last five hours which now should be 188 00:08:27,919 --> 00:08:30,000 stricken and yet the attorney made a 189 00:08:30,000 --> 00:08:32,719 misrepresentation to the board yes I was 190 00:08:32,719 --> 00:08:34,719 on their oath which everyone assumed he 191 00:08:34,719 --> 00:08:38,080 was but now was not uh where that leaves 192 00:08:38,080 --> 00:08:43,399 us all I don't know um but uh I I did I 193 00:08:43,399 --> 00:08:45,480 have contact with the council because my 194 00:08:45,480 --> 00:08:48,200 obligation to inform councel indeed of 195 00:08:48,200 --> 00:08:50,120 what's going on that's my job that's my 196 00:08:50,120 --> 00:08:52,399 lawyer I'm the lawyer they the client 197 00:08:52,399 --> 00:08:55,480 and I was told one thing follow the law 198 00:08:55,480 --> 00:08:58,079 okay and in essence uh and then in 199 00:08:58,079 --> 00:08:59,600 speaking to the mayor I'll be Frank what 200 00:08:59,600 --> 00:09:01,800 he said was if you need professional 201 00:09:01,800 --> 00:09:04,079 interpretation all this you may need it 202 00:09:04,079 --> 00:09:06,880 okay which we may need that too but it's 203 00:09:06,880 --> 00:09:09,120 one of these things where uh I'm 204 00:09:09,120 --> 00:09:10,760 bringing it up because indeed it is a 205 00:09:10,760 --> 00:09:13,000 concern of mine that indeed I think is 206 00:09:13,000 --> 00:09:23,870 very 207 00:09:23,880 --> 00:09:27,360 valid so you know and and it's one thing 208 00:09:27,360 --> 00:09:30,040 that uh uh was brought up but I even 209 00:09:30,040 --> 00:09:32,160 have the note here before was brought up 210 00:09:32,160 --> 00:09:35,640 about possibly uh trying to say okay 211 00:09:35,640 --> 00:09:39,079 well let's swear men now and backdate 212 00:09:39,079 --> 00:09:41,160 everything and just say oh okay I'm 213 00:09:41,160 --> 00:09:43,480 going to accept everything as it as was 214 00:09:43,480 --> 00:09:45,800 as it was done because I indeed you know 215 00:09:45,800 --> 00:09:48,279 had it written down here beforehand in 216 00:09:48,279 --> 00:09:50,360 preparing my notes the problem is you 217 00:09:50,360 --> 00:09:52,160 can't do that you can't just sit there 218 00:09:52,160 --> 00:09:54,040 and say because there's very D various 219 00:09:54,040 --> 00:09:56,560 Dynamics out there that are indeed 220 00:09:56,560 --> 00:09:59,279 there's testimony and then narrative and 221 00:09:59,279 --> 00:10:01,320 then say well no I've changed my mind I 222 00:10:01,320 --> 00:10:03,320 wanted to be testimony now so you just 223 00:10:03,320 --> 00:10:04,640 accept everything as testimony you 224 00:10:04,640 --> 00:10:06,880 simply can't do that okay and I can give 225 00:10:06,880 --> 00:10:09,160 you an example of it uh let's say you go 226 00:10:09,160 --> 00:10:11,920 out and rob a bank and you get caught 227 00:10:11,920 --> 00:10:13,560 and you give the money back and you can 228 00:10:13,560 --> 00:10:15,519 say oh I gave the money back so all of a 229 00:10:15,519 --> 00:10:17,720 sudden it's no longer a problem no it is 230 00:10:17,720 --> 00:10:19,560 a problem because that's indeed where 231 00:10:19,560 --> 00:10:23,200 the issue comes in so uh so why is all 232 00:10:23,200 --> 00:10:25,079 this important because it has to be done 233 00:10:25,079 --> 00:10:28,640 right okay and indeed it has not uh 234 00:10:28,640 --> 00:10:32,120 especially with the fact that we uh for 235 00:10:32,120 --> 00:10:36,360 five hours of what was purported to be 236 00:10:36,360 --> 00:10:38,000 testimony which was nothing but 237 00:10:38,000 --> 00:10:40,040 narrative in essence which you should be 238 00:10:40,040 --> 00:10:42,720 completely ignoring because it it does 239 00:10:42,720 --> 00:10:46,880 is not evidence at all and as a result 240 00:10:46,880 --> 00:10:48,639 you know by this motion to strike in 241 00:10:48,639 --> 00:10:51,079 essence asking you to say no you need to 242 00:10:51,079 --> 00:10:53,160 ignore everything you've been hearing 243 00:10:53,160 --> 00:10:54,600 and sitting here for the last five years 244 00:10:54,600 --> 00:10:56,600 which creates an impossibility but for 245 00:10:56,600 --> 00:11:00,320 right now indeed this motion to strike 246 00:11:00,320 --> 00:11:03,120 uh is you should ignore everything that 247 00:11:03,120 --> 00:11:04,800 uh basically everything you've heard 248 00:11:04,800 --> 00:11:07,240 from Mr blitz so far because it's 249 00:11:07,240 --> 00:11:09,600 reported to be testimony and it is not 250 00:11:09,600 --> 00:11:11,120 thank 251 00:11:11,120 --> 00:11:14,800 you um at this point uh Mr Blitz would 252 00:11:14,800 --> 00:11:17,399 you like to offer a response sure thank 253 00:11:17,399 --> 00:11:19,160 you Eric Blitz on behalf of the Roden 254 00:11:19,160 --> 00:11:24,839 reel um I think from the 255 00:11:24,839 --> 00:11:27,800 beginning Council for the town has tried 256 00:11:27,800 --> 00:11:30,160 to make make this 257 00:11:30,160 --> 00:11:32,639 proceeding something that it 258 00:11:32,639 --> 00:11:35,800 isn't he's tried to turn this into a 259 00:11:35,800 --> 00:11:38,800 trial make objections that wouldn't even 260 00:11:38,800 --> 00:11:40,959 be sustained in a trial such as 261 00:11:40,959 --> 00:11:44,120 objections to uh government 262 00:11:44,120 --> 00:11:47,680 documents um claiming they were hearsay 263 00:11:47,680 --> 00:11:49,079 administrative bodies can take in 264 00:11:49,079 --> 00:11:51,200 hearsay it's even in your own 265 00:11:51,200 --> 00:11:53,880 rules and create a circus-like 266 00:11:53,880 --> 00:11:56,360 atmosphere challenging all of our 267 00:11:56,360 --> 00:11:59,240 evidence and this is in essence a Hail 268 00:11:59,240 --> 00:12:03,440 Mary to try to strike our entire 269 00:12:03,440 --> 00:12:06,079 presentation let me be clear I think I 270 00:12:06,079 --> 00:12:08,720 was I was sworn 271 00:12:08,720 --> 00:12:12,360 in today a half hour before this 272 00:12:12,360 --> 00:12:16,880 proceeding I was told that by Mr susman 273 00:12:16,880 --> 00:12:19,680 and Mr pounds that somebody believes I 274 00:12:19,680 --> 00:12:22,399 wasn't Mr pounds just testified that it 275 00:12:22,399 --> 00:12:24,600 was Miss wall she hasn't obviously 276 00:12:24,600 --> 00:12:27,480 testified so he's BR bringing in uh 277 00:12:27,480 --> 00:12:31,120 information but my point is I don't 278 00:12:31,120 --> 00:12:34,320 think it matters because I don't 279 00:12:34,320 --> 00:12:38,000 think that in an administrat proceeding 280 00:12:38,000 --> 00:12:39,120 what I'm 281 00:12:39,120 --> 00:12:43,240 doing is testifying I'm not offering 282 00:12:43,240 --> 00:12:45,680 facts of my own recollection or 283 00:12:45,680 --> 00:12:48,040 independent judgment I'm submitting 284 00:12:48,040 --> 00:12:50,440 documents and while I submit documents 285 00:12:50,440 --> 00:12:52,320 I'm giving you the arguments about why 286 00:12:52,320 --> 00:12:53,720 those documents are relevant and 287 00:12:53,720 --> 00:12:56,240 pointing out to you the the relevant 288 00:12:56,240 --> 00:13:00,160 portions of those documents so when I 289 00:13:00,160 --> 00:13:02,760 made arguments about the effect of the 290 00:13:02,760 --> 00:13:05,639 charter on the question of whether you 291 00:13:05,639 --> 00:13:08,160 had to do a resolution or an ordinance 292 00:13:08,160 --> 00:13:10,760 I'm not testifying about that I'm making 293 00:13:10,760 --> 00:13:14,160 this this uh Roden reel's 294 00:13:14,160 --> 00:13:16,880 presentation Mr pounds kind of bounced 295 00:13:16,880 --> 00:13:19,480 back and forth in his objection as to 296 00:13:19,480 --> 00:13:22,399 whether I was make doing a narrative or 297 00:13:22,399 --> 00:13:25,519 evidence and said well it a narrative is 298 00:13:25,519 --> 00:13:28,040 in evidence anyway well then what is the 299 00:13:28,040 --> 00:13:29,279 swearing in 300 00:13:29,279 --> 00:13:31,639 business about because you don't need to 301 00:13:31,639 --> 00:13:35,040 swear in the presentation of the lawyer 302 00:13:35,040 --> 00:13:37,880 under land use article 303 00:13:37,880 --> 00:13:41,680 4306 a part party to an appeal can be 304 00:13:41,680 --> 00:13:44,680 represented by themselves or by a lawyer 305 00:13:44,680 --> 00:13:46,560 I've seen plenty of administrative 306 00:13:46,560 --> 00:13:48,000 proceedings where the only person that 307 00:13:48,000 --> 00:13:51,560 shows up is the lawyer they present 308 00:13:51,560 --> 00:13:54,639 the argument in favor of 309 00:13:54,639 --> 00:13:58,360 aarian now I've never really seen 310 00:13:58,360 --> 00:14:00,560 lawyers sworn in but you had us all 311 00:14:00,560 --> 00:14:03,279 stand up everybody in the room and I 312 00:14:03,279 --> 00:14:05,040 think I was standing up and I think I 313 00:14:05,040 --> 00:14:09,240 got sworn in but apparently I I did I 314 00:14:09,240 --> 00:14:11,720 didn't raise my hand I know that so if 315 00:14:11,720 --> 00:14:13,519 you believe that that's necessarily 316 00:14:13,519 --> 00:14:15,639 relevant to being sworn in I don't think 317 00:14:15,639 --> 00:14:19,240 it is I think I kned my head but 318 00:14:19,240 --> 00:14:22,720 when Mr susman I think it wasn't in the 319 00:14:22,720 --> 00:14:24,000 second hearing it was in the last 320 00:14:24,000 --> 00:14:28,000 hearing asked well weren't you sworn in 321 00:14:28,000 --> 00:14:32,279 I thought I was so I said yes my point 322 00:14:32,279 --> 00:14:37,600 is he's trying to strike our entire 323 00:14:37,600 --> 00:14:41,240 presentation which most of which other 324 00:14:41,240 --> 00:14:43,240 than Mr Donovan's testimony in the 325 00:14:43,240 --> 00:14:45,560 beginning and Mr Woodburn's testimony 326 00:14:45,560 --> 00:14:47,680 have been me introducing a series of 327 00:14:47,680 --> 00:14:49,759 documents and explaining to you what law 328 00:14:49,759 --> 00:14:52,279 I think applies I think that's very 329 00:14:52,279 --> 00:14:54,279 typical presentation made in an 330 00:14:54,279 --> 00:14:56,440 administrative hearing where you don't 331 00:14:56,440 --> 00:15:00,160 have Rules of Evidence where you take in 332 00:15:00,160 --> 00:15:01,839 all the information you can and 333 00:15:01,839 --> 00:15:05,160 determine then whether it is relevant to 334 00:15:05,160 --> 00:15:07,000 the cause of action or the decision that 335 00:15:07,000 --> 00:15:10,199 you need to make you will hear testimony 336 00:15:10,199 --> 00:15:13,800 from countless people that will provide 337 00:15:13,800 --> 00:15:16,079 information that isn't relevant that is 338 00:15:16,079 --> 00:15:17,720 members of the public will often talk 339 00:15:17,720 --> 00:15:19,000 about things that aren't really 340 00:15:19,000 --> 00:15:21,040 necessarily relevant to the case you let 341 00:15:21,040 --> 00:15:23,519 it in why because that's the nature of 342 00:15:23,519 --> 00:15:26,759 administrative proceedings so when I'm 343 00:15:26,759 --> 00:15:30,120 making arguments about 344 00:15:30,120 --> 00:15:31,199 the 345 00:15:31,199 --> 00:15:33,639 documents almost all of which were 346 00:15:33,639 --> 00:15:38,199 either correspondents or from the town 347 00:15:38,199 --> 00:15:42,240 or resolutions minutes we you know 348 00:15:42,240 --> 00:15:45,199 plenty of at least three quarters of the 349 00:15:45,199 --> 00:15:46,720 exhibits were minutes these are 350 00:15:46,720 --> 00:15:48,360 government documents I don't need to 351 00:15:48,360 --> 00:15:51,160 swear to them there's no standard by 352 00:15:51,160 --> 00:15:54,199 which you have to I mean you overruled 353 00:15:54,199 --> 00:15:55,720 all those objections that he was trying 354 00:15:55,720 --> 00:15:57,920 to make to prevent those documents from 355 00:15:57,920 --> 00:16:00,319 coming in 356 00:16:00,319 --> 00:16:03,759 and all I'm doing is presenting the 357 00:16:03,759 --> 00:16:07,440 arguments in favor of Roden reel's 358 00:16:07,440 --> 00:16:09,920 position that there was an error 359 00:16:09,920 --> 00:16:11,959 committed I don't I don't I didn't 360 00:16:11,959 --> 00:16:14,199 testify to any independent facts that I 361 00:16:14,199 --> 00:16:17,880 can recall I didn't offer any 362 00:16:17,880 --> 00:16:21,480 opinions um I think I might have said 363 00:16:21,480 --> 00:16:26,000 something about the common way that 364 00:16:26,000 --> 00:16:29,639 things happen in um a hearing before I 365 00:16:29,639 --> 00:16:31,199 think I made some sort of statement like 366 00:16:31,199 --> 00:16:34,120 that so I mean that's kind of typical 367 00:16:34,120 --> 00:16:36,240 statements by lawyers as to as to 368 00:16:36,240 --> 00:16:38,920 addressing what the case is that's not 369 00:16:38,920 --> 00:16:41,720 testimony um but again I think I was 370 00:16:41,720 --> 00:16:46,079 testified I um Mr pounds is right that 371 00:16:46,079 --> 00:16:48,759 as a member of the bar I am committed to 372 00:16:48,759 --> 00:16:51,000 telling you the truth doesn't matter 373 00:16:51,000 --> 00:16:54,839 whether I'm test sworn in or not I think 374 00:16:54,839 --> 00:16:56,720 I have I don't think there's anything 375 00:16:56,720 --> 00:16:59,079 there at the last hearing 376 00:16:59,079 --> 00:17:00,480 and this is kind of why I think this is 377 00:17:00,480 --> 00:17:02,800 coming up now Mr pound started talking 378 00:17:02,800 --> 00:17:05,199 about half truths and he said it about 379 00:17:05,199 --> 00:17:06,959 three or four times about things that I 380 00:17:06,959 --> 00:17:09,280 had said and one of them was about his 381 00:17:09,280 --> 00:17:10,439 own 382 00:17:10,439 --> 00:17:13,000 letter and I literally just read that 383 00:17:13,000 --> 00:17:16,120 letter into the record it was his words 384 00:17:16,120 --> 00:17:17,600 it was a question of whether the the 385 00:17:17,600 --> 00:17:18,959 Planning and Zoning commission also had 386 00:17:18,959 --> 00:17:21,120 to approve the ending of the 387 00:17:21,120 --> 00:17:23,199 moratorium my 388 00:17:23,199 --> 00:17:25,679 point is 389 00:17:25,679 --> 00:17:29,480 that it's typical for when making a 390 00:17:29,480 --> 00:17:31,360 presentation in an administrative 391 00:17:31,360 --> 00:17:36,960 proceeding to decide is this a timeline 392 00:17:36,960 --> 00:17:40,640 type case or is this you know just a 393 00:17:40,640 --> 00:17:44,120 couple key issues this was a timeline 394 00:17:44,120 --> 00:17:47,640 case and I I have taken you through the 395 00:17:47,640 --> 00:17:51,080 timeline by showing you what the town 396 00:17:51,080 --> 00:17:55,400 did or didn't do by introducing a lot of 397 00:17:55,400 --> 00:17:59,200 exhibits that were all admissible 398 00:17:59,200 --> 00:18:01,559 I think you only denied one at the end 399 00:18:01,559 --> 00:18:06,640 of last hearing that I recall 400 00:18:06,640 --> 00:18:08,240 um 401 00:18:08,240 --> 00:18:12,120 and the standard for such admission in 402 00:18:12,120 --> 00:18:14,480 an administrative proceeding like this 403 00:18:14,480 --> 00:18:17,679 is largely relevance so if it's re if 404 00:18:17,679 --> 00:18:20,080 it's irrelevant or if it's duplicative 405 00:18:20,080 --> 00:18:22,400 but basically everything else comes 406 00:18:22,400 --> 00:18:24,159 in 407 00:18:24,159 --> 00:18:27,679 so again I think I got sworn in but I I 408 00:18:27,679 --> 00:18:30,840 can tell you everything I've told you in 409 00:18:30,840 --> 00:18:33,440 this presentation I believe to be 410 00:18:33,440 --> 00:18:35,919 accurate and that's true with respect to 411 00:18:35,919 --> 00:18:39,640 my commentary about the town Charter or 412 00:18:39,640 --> 00:18:43,600 my commentary about um the effect of the 413 00:18:43,600 --> 00:18:47,760 land use article on uh whether you have 414 00:18:47,760 --> 00:18:50,200 to pass an or a moratorium by an 415 00:18:50,200 --> 00:18:51,520 ordinance or 416 00:18:51,520 --> 00:18:53,600 resolution that's what lawyers do is 417 00:18:53,600 --> 00:18:55,440 make arguments about the the various 418 00:18:55,440 --> 00:18:58,720 laws this has largely been a legalist IC 419 00:18:58,720 --> 00:19:00,600 case I get that it's not like your 420 00:19:00,600 --> 00:19:02,600 standard variance case where you get a 421 00:19:02,600 --> 00:19:05,080 lot of testimony about the particular 422 00:19:05,080 --> 00:19:07,159 property and you're determining whether 423 00:19:07,159 --> 00:19:09,200 a variance should be granted that has a 424 00:19:09,200 --> 00:19:12,080 lot more testimony this is a challenge 425 00:19:12,080 --> 00:19:13,919 saying that what some what the two 426 00:19:13,919 --> 00:19:16,320 administrated bodies did the zoning 427 00:19:16,320 --> 00:19:17,240 administrator and the Planning and 428 00:19:17,240 --> 00:19:19,880 Zoning commission were improper and 429 00:19:19,880 --> 00:19:23,600 illegal and therefore should be remedied 430 00:19:23,600 --> 00:19:27,200 it's ultimately a a legal case we have 431 00:19:27,200 --> 00:19:28,799 facts and 432 00:19:28,799 --> 00:19:31,440 I was ready today to actually have the 433 00:19:31,440 --> 00:19:33,799 most testimony you've heard because we 434 00:19:33,799 --> 00:19:35,960 were going to have Mr Woodburn and Mr 435 00:19:35,960 --> 00:19:40,320 Donovan testify because now that we've I 436 00:19:40,320 --> 00:19:41,760 believe 437 00:19:41,760 --> 00:19:43,880 established 438 00:19:43,880 --> 00:19:47,880 the illegitimacy of the delay in 439 00:19:47,880 --> 00:19:50,280 reviewing the site plans that we're now 440 00:19:50,280 --> 00:19:52,720 ready to talk about the remedy and 441 00:19:52,720 --> 00:19:55,280 because the remedy involves lots of 442 00:19:55,280 --> 00:19:57,080 questions 443 00:19:57,080 --> 00:19:59,880 of what what what the course of conduct 444 00:19:59,880 --> 00:20:01,559 for these properties were and the 445 00:20:01,559 --> 00:20:04,760 history that requires testimony so my 446 00:20:04,760 --> 00:20:07,600 point is I think I was sworn in I did 447 00:20:07,600 --> 00:20:11,360 tell the truth and um I don't think 448 00:20:11,360 --> 00:20:14,679 striking all of the presentation which 449 00:20:14,679 --> 00:20:17,280 is just that is just a presentation it's 450 00:20:17,280 --> 00:20:20,799 not testimony I didn't testify all I I 451 00:20:20,799 --> 00:20:23,799 mean I don't know of any particular fact 452 00:20:23,799 --> 00:20:26,520 that I gave you that would be something 453 00:20:26,520 --> 00:20:29,559 that you would have to test credibility 454 00:20:29,559 --> 00:20:33,159 about I if I tell if I say here's a copy 455 00:20:33,159 --> 00:20:35,760 of your Charter the way to argue that I 456 00:20:35,760 --> 00:20:37,799 presented the incorrect version of the 457 00:20:37,799 --> 00:20:39,880 charter is for somebody to say well wait 458 00:20:39,880 --> 00:20:41,159 a minute I've got this version of the 459 00:20:41,159 --> 00:20:44,240 charter but other than that I'm pointing 460 00:20:44,240 --> 00:20:46,799 your pointing your attention to part 461 00:20:46,799 --> 00:20:48,880 portions of the charter and saying this 462 00:20:48,880 --> 00:20:51,880 is relevance to our argument and that's 463 00:20:51,880 --> 00:20:53,960 what I did and this is an administrative 464 00:20:53,960 --> 00:20:56,720 proceeding so that you're not trying to 465 00:20:56,720 --> 00:20:58,880 convert this into a trial where you have 466 00:20:58,880 --> 00:21:01,400 lots of objections over evidence and and 467 00:21:01,400 --> 00:21:03,679 lots of back and forth I 468 00:21:03,679 --> 00:21:06,919 mean if I had to uh do anything again 469 00:21:06,919 --> 00:21:09,960 the one thing I complained about was a 470 00:21:09,960 --> 00:21:12,279 cross-examination about um it being 471 00:21:12,279 --> 00:21:14,520 argumentative uh Mr pounds made a 472 00:21:14,520 --> 00:21:16,240 question and I was saying it was being 473 00:21:16,240 --> 00:21:18,440 argumentative and on reflection I was 474 00:21:18,440 --> 00:21:20,760 like this isn't a 475 00:21:20,760 --> 00:21:23,000 trial just just let him answer the 476 00:21:23,000 --> 00:21:25,440 question if he can so anyway that's that 477 00:21:25,440 --> 00:21:28,600 would be my point I think um I'm 478 00:21:28,600 --> 00:21:31,480 certainly willing to uh be sworn in I do 479 00:21:31,480 --> 00:21:34,799 not typically I do a lot of zoning cases 480 00:21:34,799 --> 00:21:37,080 I've represented Boards of appeal I have 481 00:21:37,080 --> 00:21:40,400 never sworn in a lawyer or been required 482 00:21:40,400 --> 00:21:43,600 to be sworn in on uh but I'm certainly 483 00:21:43,600 --> 00:21:45,880 willing to because I believe everything 484 00:21:45,880 --> 00:21:48,720 that I've uh presented to you is the 485 00:21:48,720 --> 00:21:52,640 truth and I can tell you that if 486 00:21:52,640 --> 00:21:55,320 you believe that everything should be 487 00:21:55,320 --> 00:21:58,799 struck then we essentially start over 488 00:21:58,799 --> 00:22:01,559 and we do this all over again but I'm 489 00:22:01,559 --> 00:22:03,240 going to make the same argument I don't 490 00:22:03,240 --> 00:22:05,799 need to be sworn in for that I'm making 491 00:22:05,799 --> 00:22:08,390 a 492 00:22:08,400 --> 00:22:11,840 presentation thank you very very briefly 493 00:22:11,840 --> 00:22:25,750 one 494 00:22:25,760 --> 00:22:28,640 moment all right uh Mr pounds very 495 00:22:28,640 --> 00:22:32,400 briefly um again your job ultimately is 496 00:22:32,400 --> 00:22:35,080 to base a decision based upon evidence 497 00:22:35,080 --> 00:22:36,880 uh that's what you're ultimately going 498 00:22:36,880 --> 00:22:38,039 to be looking to do and that is 499 00:22:38,039 --> 00:22:39,760 ultimately going to be your job 500 00:22:39,760 --> 00:22:42,240 basically Mr Blitz was talking about me 501 00:22:42,240 --> 00:22:44,919 going back and forth between you know uh 502 00:22:44,919 --> 00:22:47,559 testimony and what I call a narrative 503 00:22:47,559 --> 00:22:48,720 and what difference does it make well it 504 00:22:48,720 --> 00:22:50,760 makes huge difference okay huge 505 00:22:50,760 --> 00:22:52,440 difference because the narrative is 506 00:22:52,440 --> 00:22:54,159 something that's not evidence that's an 507 00:22:54,159 --> 00:22:55,880 opinion that's whatever he wants us to 508 00:22:55,880 --> 00:22:59,159 say testimony is evidence so in essence 509 00:22:59,159 --> 00:23:01,799 what in uh everything he's been talking 510 00:23:01,799 --> 00:23:04,520 about the last five hours as it turns 511 00:23:04,520 --> 00:23:07,400 out is is nothing but a narrative is not 512 00:23:07,400 --> 00:23:11,159 evidence for you to consider and uh and 513 00:23:11,159 --> 00:23:13,640 as a result if it's not testimony then 514 00:23:13,640 --> 00:23:16,000 indeed you should not be considering it 515 00:23:16,000 --> 00:23:17,760 now you you and you should be ignoring 516 00:23:17,760 --> 00:23:19,679 everything that's not evidence indeed if 517 00:23:19,679 --> 00:23:22,200 he wants Mr Blitz talks about a number 518 00:23:22,200 --> 00:23:24,120 of time of making his argument that's 519 00:23:24,120 --> 00:23:25,760 fine you make an argument at the end of 520 00:23:25,760 --> 00:23:27,480 the case okay when you present all the 521 00:23:27,480 --> 00:23:29,480 evidence you make certain arguments with 522 00:23:29,480 --> 00:23:32,279 regard to you know what what the uh 523 00:23:32,279 --> 00:23:34,400 evidence shows uh in showing your 524 00:23:34,400 --> 00:23:38,640 position that's fine but the problem is that his arguments are during the 525 00:23:38,640 --> 00:23:40,960 case and becomes and that is not 526 00:23:40,960 --> 00:23:42,679 evidence that becomes a narrative and 527 00:23:42,679 --> 00:23:44,360 that's what in essence we've been going 528 00:23:44,360 --> 00:23:47,000 through for the last five hours uh so in 529 00:23:47,000 --> 00:23:49,080 essence I appreciate Mr Blitz talking 530 00:23:49,080 --> 00:23:51,640 about that he uh indeed uh admitted that 531 00:23:51,640 --> 00:23:54,159 he did not raise his hand and he cannot 532 00:23:54,159 --> 00:23:57,400 testify for sure that indeed I mean is 533 00:23:57,400 --> 00:23:58,880 that what he just said that he admits 534 00:23:58,880 --> 00:24:00,919 that he did not raise his hand yeah but 535 00:24:00,919 --> 00:24:02,520 that's all I said I said I did believe I 536 00:24:02,520 --> 00:24:08,120 was sworn in so so in essence uh uh as 537 00:24:08,120 --> 00:24:11,440 far as being sworn in um so basically 538 00:24:11,440 --> 00:24:13,360 you know and why this is important if 539 00:24:13,360 --> 00:24:15,200 it's not evidence that indeed you should 540 00:24:15,200 --> 00:24:17,720 not be considering it uh as stated one 541 00:24:17,720 --> 00:24:19,279 of the things that I was instructed to 542 00:24:19,279 --> 00:24:22,279 do uh is to make sure it's this is done 543 00:24:22,279 --> 00:24:24,159 right and uh so that's the reason I'm 544 00:24:24,159 --> 00:24:25,600 here this evening ladies and gentlemen 545 00:24:25,600 --> 00:24:26,799 thank you very 546 00:24:26,799 --> 00:24:28,440 much 547 00:24:28,440 --> 00:24:31,159 um thank you all right at this point in 548 00:24:31,159 --> 00:24:34,120 time um the board is going to go into a 549 00:24:34,120 --> 00:24:36,600 Clos session with legal council to 550 00:24:36,600 --> 00:24:40,080 discuss the arguments you've heard um 551 00:24:40,080 --> 00:24:42,200 this is from the open meetings act 552 00:24:42,200 --> 00:24:45,360 General provision article section 553 00:24:45,360 --> 00:24:48,159 3-35 uh the statutory authority to close 554 00:24:48,159 --> 00:24:50,120 session um this me meeting will be 555 00:24:50,120 --> 00:24:51,640 closed under the following subsections 556 00:24:51,640 --> 00:24:53,200 of the Maryland annotated code General 557 00:24:53,200 --> 00:24:55,480 provision article 558 00:24:55,480 --> 00:24:58,039 3305b uh and we are going into close 559 00:24:58,039 --> 00:25:00,600 session to consult with Council to 560 00:25:00,600 --> 00:25:02,480 obtain legal 561 00:25:02,480 --> 00:25:04,840 advice um so what's going to happen here 562 00:25:04,840 --> 00:25:06,840 is uh the board will go into the back 563 00:25:06,840 --> 00:25:09,399 room and deliberate with our Council and 564 00:25:09,399 --> 00:25:11,720 then we will come back out here and 565 00:25:11,720 --> 00:25:13,399 announce any decisions that have been 566 00:25:13,399 --> 00:25:16,000 made um and unfortunately nothing will 567 00:25:16,000 --> 00:25:18,159 happen out here while we are doing that 568 00:25:18,159 --> 00:25:21,200 so if if I may clarification uh the 569 00:25:21,200 --> 00:25:23,600 board is not going to deliberate with 570 00:25:23,600 --> 00:25:26,919 Council going to uh discuss legal issues 571 00:25:26,919 --> 00:25:32,789 associated with motion and response with 572 00:25:32,799 --> 00:25:36,320 councel okay at this point the um uh I 573 00:25:36,320 --> 00:25:39,039 guess I will entertain a motion uh by 574 00:25:39,039 --> 00:25:41,399 the board to go into closed session I 575 00:25:41,399 --> 00:25:44,880 will so move have a second second all in 576 00:25:44,880 --> 00:25:48,320 favor roll call roll call all right 577 00:25:48,320 --> 00:25:53,120 um uh okay um Mr dhy present Miss 578 00:25:53,120 --> 00:25:56,760 Everett present and Mr hunar I am 579 00:25:56,760 --> 00:26:00,080 present I take it the presence me I CL 580 00:26:00,080 --> 00:26:04,080 session yes all right I all in favor all 581 00:26:04,080 --> 00:26:05,720 right we are going into close session 582 00:26:05,720 --> 00:26:26,590 and we will resume once that is 583 00:26:26,600 --> 00:52:15,970 complet 584 00:52:15,980 --> 00:52:20,280 [Music] 585 00:52:20,280 --> 00:52:23,520 is the video still going okay okay um so 586 00:52:23,520 --> 00:52:27,160 the board of appeals has um closed its 587 00:52:27,160 --> 00:52:31,799 closed session um at this point um the 588 00:52:31,799 --> 00:52:34,920 board is going to discuss how we want to 589 00:52:34,920 --> 00:52:38,599 evaluate the objection uh that has been 590 00:52:38,599 --> 00:52:43,240 raised um during the session um and I 591 00:52:43,240 --> 00:52:44,880 guess the board will start with a 592 00:52:44,880 --> 00:52:47,880 discussion which revolves around 593 00:52:47,880 --> 00:52:52,040 reviewing a limited segment of the video 594 00:52:52,040 --> 00:52:54,880 uh from our first meeting here I don't 595 00:52:54,880 --> 00:52:56,200 have the 596 00:52:56,200 --> 00:52:58,920 first for the uh around the swearing in 597 00:52:58,920 --> 00:53:02,880 of witnesses and participants um during 598 00:53:02,880 --> 00:53:08,319 the first and third session of case 20 599 00:53:08,319 --> 00:53:11,839 23-3 um is there anything the board that 600 00:53:11,839 --> 00:53:16,150 I misstated that we want to 601 00:53:16,160 --> 00:53:19,200 discuss well I mean I certainly would 602 00:53:19,200 --> 00:53:24,150 like to see the video before I made a 603 00:53:24,160 --> 00:53:26,520 determination 604 00:53:26,520 --> 00:53:28,559 I concur I think that it's important 605 00:53:28,559 --> 00:53:30,319 that we watch the video just so we have 606 00:53:30,319 --> 00:53:32,680 a clear understanding of what's happened 607 00:53:32,680 --> 00:53:35,950 and I think we owe it to 608 00:53:35,960 --> 00:53:38,040 everybody all 609 00:53:38,040 --> 00:53:41,240 right I agree with both of those so at 610 00:53:41,240 --> 00:53:45,720 this point I will entertain a motion 611 00:53:45,720 --> 00:53:52,000 that we direct Town staff to um find the 612 00:53:52,000 --> 00:53:53,720 appropriate times during previous 613 00:53:53,720 --> 00:53:56,640 meeting sessions and and prepare them to 614 00:53:56,640 --> 00:54:01,079 be displayed during our next uh our next 615 00:54:01,079 --> 00:54:06,359 meeting on the on January 4th 616 00:54:06,359 --> 00:54:10,680 um I will entertain a motion to do 617 00:54:10,680 --> 00:54:14,559 that I will still move second second all 618 00:54:14,559 --> 00:54:20,760 in favor I okay so um with that um 619 00:54:20,760 --> 00:54:24,000 during our next session on Thursday 620 00:54:24,000 --> 00:54:28,880 January 4th 2024 at 7 pm we'll Begin by 621 00:54:28,880 --> 00:54:30,880 reviewing um some 622 00:54:30,880 --> 00:54:35,559 select uh sections of the record um from 623 00:54:35,559 --> 00:54:38,640 this case around Witnesses being sworn 624 00:54:38,640 --> 00:54:42,240 in and testimony being given 625 00:54:42,240 --> 00:54:47,119 um okay uh the in that case it is 15 626 00:54:47,119 --> 00:54:50,440 after and we go for if I could be 627 00:54:50,440 --> 00:54:53,119 briefly heard yes um if you're going to 628 00:54:53,119 --> 00:54:54,400 review testimony I think you should 629 00:54:54,400 --> 00:54:57,400 review all also the point in time that 630 00:54:57,400 --> 00:54:59,079 you were asking me whether I was sworn 631 00:54:59,079 --> 00:55:01,040 in because I was just informed that I 632 00:55:01,040 --> 00:55:04,440 didn't definitively say what I said was 633 00:55:04,440 --> 00:55:08,000 I believe I did you asked whether I was 634 00:55:08,000 --> 00:55:09,680 sworn in I believe I did but if you want 635 00:55:09,680 --> 00:55:12,440 me to I'll be sworn in right now so it 636 00:55:12,440 --> 00:55:14,520 was that statement I don't know whether 637 00:55:14,520 --> 00:55:16,400 you really need to see that but my point 638 00:55:16,400 --> 00:55:19,280 is this argument about whether I had 639 00:55:19,280 --> 00:55:25,200 made some commitment to whether I did I still do believe I got sworn in but um 640 00:55:25,200 --> 00:55:27,520 I remember I was standing and I was 641 00:55:27,520 --> 00:55:31,950 trying to get West to stand 642 00:55:31,960 --> 00:55:34,319 up we will we will get those things for 643 00:55:34,319 --> 00:55:38,079 you okay um and 644 00:55:38,079 --> 00:55:42,799 uh um I think Town staff is best uh 645 00:55:42,799 --> 00:55:44,680 situated to get that queued up we have 646 00:55:44,680 --> 00:55:46,559 the records we'll find the point in time 647 00:55:46,559 --> 00:55:48,599 if you'd um if there are points that 648 00:55:48,599 --> 00:55:50,839 you'd like to highlight or not highlight 649 00:55:50,839 --> 00:55:53,720 you are welcome to submit them to Sharon 650 00:55:53,720 --> 00:55:55,280 and we will have that queued up for our 651 00:55:55,280 --> 00:55:57,160 next meeting 652 00:55:57,160 --> 00:56:02,039 um okay uh the we are entirely blocked 653 00:56:02,039 --> 00:56:04,960 by this motion so once again I'd like to 654 00:56:04,960 --> 00:56:07,000 apologize to members of the public 655 00:56:07,000 --> 00:56:09,920 another date you showed up and do not 656 00:56:09,920 --> 00:56:14,720 get to speak so we're sorry um but we 657 00:56:14,720 --> 00:56:17,480 must um solve this particular issue 658 00:56:17,480 --> 00:56:20,280 before we go on uh and in that case 659 00:56:20,280 --> 00:56:22,160 there is no more business that the board 660 00:56:22,160 --> 00:56:25,000 can take this evening so I will 661 00:56:25,000 --> 00:56:28,039 entertain a motion to adjourn and then 662 00:56:28,039 --> 00:56:31,319 resume on Thursday January 4th 2024 at 663 00:56:31,319 --> 00:56:33,359 700 p.m. 664 00:56:33,359 --> 00:56:39,240 do I move to adjourn have a second that all in favor all right we 665 00:56:39,240 --> 00:56:53,870 are adjourned thank you 666 00:56:53,880 --> 00:56:56,880 everybody