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VAN PERNIS: Nobody saw what you are talking about this email but the Commissioners and the
<br />staff.
<br />CARR SMITH: It became a part of the package, and then it becomes public record, so.
<br />VAN PERNIS: That was the choice of the staff and the counsel.
<br />CARR SMITH: Right, well, but it is a fact. So I have some comments. Having said that, the email
<br />in my opinion shouldn't have been sent to us, but, but the decision was made to send it, and I respect
<br />that. But I feel like this was testimony, and from a commissioner, I feel that this type of testimony
<br />should be made at a meeting as opposed to outside of a meeting.
<br />When Mr. Van Pernis decided to share why he sought, -the bankruptcy information in the February
<br />meeting, I think it became clear that there was a personatissue`here;.,and it seemed that that caused
<br />you to continue, based on your behavior in that meeting and the subsequent June meeting, that your
<br />mind was made up and you wanted us to understand' where you were coming from. That raises a lot
<br />of concerns for me about fairness and impartiality..._
<br />In your email, you are trying to convince us that we need to vgte this down. You talked about the
<br />application, the applicant not being the applicant, I think.that's inappropriate. It's not your
<br />responsibility to conduct your own investigations, and that ;talks to Mr. Rapoza's situation as well.
<br />It's not up to you to conduct your own investigation.: The Rulesstate—I'm not done, Mark, hold
<br />on—the Rules state that if we are going to. be investigating things,, we decide as a board, as a group,
<br />that, you know, you go ,out and do this, you. go out and 'do, that. And that wasn't the case; you took
<br />that upon yourself.
<br />The part about the traffic ,study, I dont't think thdi-You are an expert in traffic studies, so I don't think
<br />it was appropriate --for you to.push that subject home hard like you did.
<br />And I just, just the fact -that you are trying to tell us" -.how to vote on this makes me really,
<br />uncomfortable; it doesn't seem ethical to, me. And all of that puts aside the fact that I don't like
<br />applicants being treated poorly, ,That's., nowhy we are here. And I, like Max said, I hope this
<br />doesn't happen again. And I, so I,continue-to question whether you can be fair and impartial.
<br />VAN PERNIS: Fair and impartial; and which I point out that I believe it was Mr. Vitousek who
<br />raised the issue who the'.real applicant was and it was difficult to discuss the matter without knowing
<br />who the true applicant was. And this matter was also raised by Mr. Fuke.
<br />Secondly, you yourself in one of the proceedings here indicated how you were going to vote and
<br />why, in one of the earlier proceedings today - - - members, too, as well. I think our job is to tell
<br />people what we think and try to convince them to go one way or other - - - isolation - - - everybody
<br />guess at the last minute—
<br />CARR SMITH: I think our job is to—
<br />on
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