Tuesday, April 26, 2011

planning board again: I stand accused of violating the laws of physics and creating too many jobs

I had to work. Here is the audio of the meeting last night. Here is what I would say about it from my point of view:

1) I did invite the planning board to a sound test in February and no one responded. In fact, Tom Shanahan said it was ex parte communication.

The board is mad that I didn't invite them to my sound test in April. When I did invite them to my sound test in February, they were mad that I sent an email to all the members of the board.

You know when I say something like that, I have the links to prove it. Don't temp me: I can always prove everything I say.

2) It is standard procedure to have applicant hire consultant and board review it. This test would not be necessary had the board attended the test in February.

3) I did the sound test on the one and only day available until June, likely. Yet, members of the board are not happy about the 1) the speed at which this is being resolved, saying I am dragging the process out, and 2) that I did the test too quickly and efficiently.

I am both dragging my feet and acting too quickly. I am both complying with their requests too efficiently and professionally and not taking the process seriously.

4) The charge against me is clearly false, as demonstrated since last Fall. The charge defies the laws of physics and you don't need to do a sound test or hold meeting after meeting to dismiss this charge. It can't be. There is no evidence that the charge is true. Lots of evidence that the charge is false. I have done every single thing they asked me to do.

The charge is impossible. Other charges are irrelevant. Dismiss the case on the grounds that not only didn't I do what I am accused of, I can't do it even when I try my damnedest because it is impossible.

IMPOSSIBLE! Find someone who can do algebra and use google to say it is possible. Just go on the record and say the charge could be true in this universe.

Do some simple algebra. Google "decay of sound over distance." Go get that app I used, MotionX for iPad and iPhone and measure the distances.


5) Ray Jurkowski, Principal, Morris Associates, Greenport, NY will apparently review the report.

6) The truth: because sound decays at the inverse square of distance the charge that my dogs produce more barking than the barking produced by a normal residence is impossible. I proved that in October. I know that this point, number 6, is exactly the same as number 4 but I just can't repeat it enough.

7) The request for my workman's comp insurance is new. The board member who requested this did not specify workman's comp in the past. The reason she wants to see my workman's comp documents it to prove that I have had more than 2 employees at some point in order to shut my business down for creating too many jobs.

8) In the past, Tom Shanahan of the Shanahan Group, an Albany lobbying firm, has taken me to task for creating too many jobs. This charge has not dropped off the radar screen.

Sadly, the charge is not true. We're it true! I could only dream. But no. I can't create that many jobs because I am spending all the money I would have invested in the local economy on sound engineers and lawyers to prove that I am innocent of a charge which defies the rules of the universe we live in for which the other side has not a shred of evidence that any of their multiple charges are true.

9) The lawyer for the Planning Board, David Everette, accused my side of being slow. However, I am before the planning board because I offered to settle the dispute in December. I voluntarily went to the planning board to approve the settlement, although negotiations were not finished and not conducted in good faith on the town side. The board chose to have public comments. The board requested a sound test. If the board had approved the settlement in January as I requested we would be done already.

The board is dragging this out and stalling. The board is introducing new conditions. The board is requesting irrelevant information.

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