1 1 HOBOKEN PLANNING BOARD CITY OF HOBOKEN 2 REGULAR MEETING 3 In the matter of: : TRANSCRIPT BOARD AGENDA ITEMS: : OF 4 Call to Order; Open Public : PROCEEDINGS Meetings Act; Roll Call; : 5 Resolutions; Other Business. : 6 - - - - - - - - - - - - - - - 7 8 Tuesday, July 10, 2012 Wallace School Gymnasium 9 1100 Willow Avenue Hoboken, New Jersey 10 commencing at 7:08 p.m. 11 12 B O A R D M E M B E R S P R E S E N T: KEITH FURMAN, CHAIRMAN 13 DANIEL WEAVER, VICE CHAIRMAN FRANK MAGALETTA, MAYORAL DESIGNEE 14 ANN GRAHAM, COMMISSIONER BRANDY FORBES, COMMISSIONER 15 GARY HOLTZMAN, COMMISSIONER RAMI PINCHEVSKY, COMMISSIONER 16 GILL MOSSERI, ALT. #1 DEMETRI SARANTITIS, ALT. #2 17 18 JOANNE M. OPPERMANN, Certified Court Reporter 19 20 ROSENBERG & ASSOCIATES, INC. 21 Certified Court Reporters & Videographers 22 425 Eagle Rock Ave., Ste 201 250 Park Ave., 7th Fl. 23 Roseland, NJ 07068 New York, NY 10177 24 (973) 228-9100 1-800-662-6878 (212) 868-1936 25 www.rosenbergandassociates.com

2 1 A P P E A R A N C E S: 2 RONALD C. MORGAN, ESQUIRE 3 Attorney for the Board 4 5 A L S O P R E S E N T: 6 7 EILEEN BANYRA, 8 Board Planner 9 PAUL CRAY, 10 Consulting Engineer 11 12 MARITZA EMANUELLI, 13 Acting Board Secretary 14 15 16 17 18 19 20 21 22 23 24 25

3 1 CHAIRMAN FURMAN: Good evening, 2 everybody. Welcome to the Hoboken Planning Board 3 meeting. I'm going to ask people, before we get 4 started, to silence your cell phones. 5 I would like to advise all those 6 present, that notice of this meeting has been 7 provided to the public in accordance with the 8 provisions of the Open Public Meetings Act and that 9 those were published in The Jersey Journal and the 10 city Web site. 11 Copies were provided in The Hoboken 12 Reporter, The Record, the Newark Star Ledger and also 13 placed on the bulletin board in the lobby of City 14 Hall. 15 Please stand for the Pledge. 16 (All rise to Salute the Flag.) 17 CHAIRMAN FURMAN: Before we get started, 18 I'd like to thank the Hoboken School District, the 19 Board of Education, and Tim Calligy for allowing us 20 to use this space today. 21 Our -- we're going to jump right into 22 our agenda, which was starting with some resolutions 23 as part of board business. 24 COMMISSIONER HOLTZMAN: Mr. Chairman, 25 I'd like to make a motion to appoint Maritza

4 1 Emanuelli as our acting board secretary. 2 A MEMBER OF THE AUDIENCE: It's hard to 3 hear. Maybe if you stand. It's very hard to hear. 4 CHAIRMAN FURMAN: We'll try to speak up. 5 Go ahead. 6 COMMISSIONER HOLTZMAN: Mr. Chairman, 7 I'd like to make a motion to appoint Maritza 8 Emanuelli as our acting board -- 9 CHAIRMAN FURMAN: -- acting board 10 secretary. 11 COMMISSIONER MAGALETTA: Second. 12 CHAIRMAN FURMAN: Call the roll. 13 BOARD SECRETARY: Frank Magaletta. 14 COMMISSIONER MAGALETTA: Yes. 15 BOARD SECRETARY: Ann Graham. 16 COMMISSIONER GRAHAM: Yes. 17 BOARD SECRETARY: Brandy Forbes. 18 COMMISSIONER FORBES: Yes. 19 BOARD SECRETARY: Gary Holtzman. 20 COMMISSIONER HOLTZMAN: Yes. 21 BOARD SECRETARY: Daniel Weaver. 22 COMMISSIONER WEAVER: Aye. 23 BOARD SECRETARY: Keith Furman. 24 COMMISSIONER FURMAN: Yes. 25 BOARD SECRETARY: Rami Pinchevsky.

5 1 COMMISSIONER PINCHEVSKY: Yes. 2 BOARD SECRETARY: Gill Mosseri. 3 COMMISSIONER MOSSERI: Yes. 4 BOARD SECRETARY: Demetri Sarantitis. 5 COMMISSIONER SARANTITIS: Yes. 6 CHAIRMAN FURMAN: Actually, before we go 7 any further, I need to take attendance. Can you go 8 ahead and take attendance for the board. 9 BOARD SECRETARY: Chairman Keith Furman. 10 CHAIRMAN FURMAN: Present. 11 BOARD SECRETARY: Mayor Designee Frank 12 Magaletta. 13 COMMISSIONER MAGALETTA: Here. 14 BOARD SECRETARY: Commissioner Brandy 15 Forbes. 16 COMMISSIONER FORBES: Yes. 17 BOARD SECRETARY: Commissioner Ann 18 Graham. 19 COMMISSIONER GRAHAM: Yes. 20 BOARD SECRETARY: Commissioner Gary 21 Holtzman. 22 COMMISSIONER HOLTZMAN: Yes. 23 BOARD SECRETARY: Commissioner Daniel 24 Weaver. 25 COMMISSIONER WEAVER: Here.

6 1 BOARD SECRETARY: Commissioner Carol 2 Marsh. 3 Commercial Nadia Mian. 4 Commissioner Rami Pinchevsky. 5 COMMISSIONER PINCHEVSKY: Here. 6 BOARD SECRETARY: Alternate Gill 7 Mosseri. 8 COMMISSIONER MOSSERI: Yes. 9 BOARD SECRETARY: And Alternate Demetri 10 Sarantitis. 11 COMMISSIONER SARANTITIS: Here. 12 CHAIRMAN FURMAN: The first 13 resolution -- the next resolution on our agenda is a 14 resolution to extend the professional service 15 agreement with our board attorney, Parker McCay. 16 Can I get a motion? 17 COMMISSIONER WEAVER: Motion. 18 COMMISSIONER GRAHAM: I have a question 19 first, please. It was my understanding, when we gave 20 Mr. Morgan the contract, that we would evaluate his 21 services. Has there been an evaluation? Has there 22 been an evaluation done of his services for the last 23 six months? 24 CHAIRMAN FURMAN: There has not been a 25 formal evaluation.

7 1 COMMISSIONER GRAHAM: Then I'll have to 2 abstain. I'm not saying I'm against, I thought that 3 we had agreed that there would be an evaluation after 4 six months. 5 CHAIRMAN FURMAN: Can I get a second for 6 that motion? 7 COMMISSIONER FORBES: Second. 8 CHAIRMAN FURMAN: Go ahead and call the 9 roll. 10 BOARD SECRETARY: Mayor Designee Frank 11 Magaletta. 12 COMMISSIONER MAGALETTA: Yes. 13 BOARD SECRETARY: Commissioner Ann 14 Graham. 15 COMMISSIONER GRAHAM: Abstain. 16 BOARD SECRETARY: Commissioner Brandy 17 Forbes. 18 COMMISSIONER FORBES: Yes. 19 BOARD SECRETARY: Commissioner Gary 20 Holtzman. 21 COMMISSIONER HOLTZMAN: Yes. 22 BOARD SECRETARY: Commissioner Daniel 23 Weaver. 24 COMMISSIONER WEAVER: Yes. 25 BOARD SECRETARY: Commissioner Carol

8 1 Marsh. 2 Rami Pinchevsky. 3 COMMISSIONER PINCHEVSKY: Yes. 4 BOARD SECRETARY: Chairman Keith Furman. 5 CHAIRMAN FURMAN: Yes. 6 BOARD SECRETARY: Alternate Gill 7 Mosseri. 8 COMMISSIONER MOSSERI: Yes. 9 BOARD SECRETARY: And Alternate Demetri 10 Sarantitis. 11 COMMISSIONER SARANTITIS: Yes. 12 CHAIRMAN FURMAN: The next resolution on 13 our agenda pertains to 800 Jackson Street, an 14 application heard at our last meeting. Can I get a 15 motion? 16 COMMISSIONER WEAVER: Motion. 17 COMMISSIONER HOLTZMAN: Second. 18 MR. MORGAN: Mr. Chairman, before you 19 call the roll on that, my review of my notes reflects 20 that seven members voted in favor of the motion and 21 one voted to vote negatively. Only the members that 22 voted in favor can vote on the resolution. 23 COMMISSIONER HOLTZMAN: Correct. 24 CHAIRMAN FURMAN: Okay. Call the vote. 25 BOARD SECRETARY: Mayor Designee Frank

9 1 Magaletta. 2 COMMISSIONER MAGALETTA: Yes. 3 BOARD SECRETARY: Commissioner Brandy 4 Forbes. 5 COMMISSIONER FORBES: Yes. 6 BOARD SECRETARY: Commissioner Ann 7 Graham. 8 COMMISSIONER GRAHAM: Yes. 9 BOARD SECRETARY: Commissioner Gary 10 Holtzman. 11 COMMISSIONER HOLTZMAN: Yes. 12 BOARD SECRETARY: Commissioner Daniel 13 Weaver. 14 COMMISSIONER WEAVER: Yes. 15 BOARD SECRETARY: Alternate Gill 16 Mosseri. 17 COMMISSIONER MOSSERI: Yes. 18 BOARD SECRETARY: Alternate Demetri 19 Sarantitis. 20 COMMISSIONER SARANTITIS: Yes. 21 (Whereupon, a recess is taken.) 22 CHAIRMAN FURMAN: I'm going to resume 23 the meeting briefly to read something into the 24 record. 25 I have a memo from the mayor's office

10 1 that she asked me to read into the record. You guys 2 all have a copy of this, so I will read it and then 3 just add some additional things that I got after the 4 fact. I'll give the stenographer a copy. 5 Memo states: "Dear Planning Board 6 Members, as the Mayor of the City of Hoboken I am 7 writing to inform you that on June 20th the City 8 Council took action to initiate the rehabilitation of 9 the Southwest area under the Local Redevelopment and 10 Housing Law. 11 Attached for your convenience is a copy 12 of the resolution that was adopted by the City 13 Council last Wednesday. 14 As you may be aware the next step is for 15 the City Council, as the redevelopment agency of the 16 City, to undertake a redevelopment plan for Southwest 17 area. This redevelopment plan will establish the 18 appropriate uses, bulk standards, and general zoning 19 for that area. As you may know, this has been a very 20 long process for the Southwest neighborhood, but with 21 this step by the City Council, the City now has the 22 ability to address many longstanding zoning issues, 23 flooding issues, and community needs. 24 As part of this planning process the 25 City, including my Administration and City Council,

11 1 will be working directly with the property owners of 2 the community to develop a plan that is appropriate 3 for the needs of this area. 4 Given the recent nature of the City 5 Council's actions, I wanted you to formally be aware 6 of the status in the Southwest area. 7 Thank you and best regards, Mayor Dawn 8 Zimmer." 9 In addition to that, the only other 10 thing that was related to me later on in the day, she 11 wanted to make it clear that the recommendations that 12 the planning board had are acknowledged and she will 13 make sure that those are adhered to and she thanks 14 the board for their action. 15 So, with that, we're going to go into 16 closed session. 17 (Closed session.) 18 (Open session.) 19 CHAIRMAN FURMAN: Does anybody have any 20 other business for the board? 21 MR. MORGAN: Is there anything on the 22 site plan review committee agenda from last week? So 23 there's no need for the meeting? I think we carried 24 that one T-Mobile thing that's been hanging around 25 for two years.

12 1 CHAIRMAN FURMAN: Right. We'll find out 2 about the schedule for the next meeting and let 3 everybody know. 4 COMMISSIONER PINCHEVSKY: Make a motion 5 to close. 6 COMMISSIONER HOLTZMAN: Second. 7 CHAIRMAN FURMAN: All those in favor? 8 (Whereupon, a voice vote is taken.) 9 (Whereupon, the proceedings concluded at 10 7:48 p.m.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

13 1 C E R T I F I C A T E 2 3 4 I, JOANNE M. OPPERMANN, a Certified 5 Court Reporter and Notary Public of the State of New 6 Jersey, do hereby state that the foregoing is a true 7 and accurate transcript of my stenographic notes of 8 the within proceedings, to the best of my ability. 9 10 11 12 13 14 15 16 17 18 19 ____________________________ 20 JOANNE M. OPPERMANN, C.C.R. 21 License No. XI01435 22 23 24 25

1 1 HOBOKEN PLANNING BOARD CITY OF HOBOKEN 2 REGULAR MEETING 3 In the matter of: : TRANSCRIPT 1501 SHIPYARD LANE : OF 4 (Monarch @ Shipyard) : PROCEEDINGS Applicant: Shipyard : 5 Associates, LP : Amended Preliminary (overall : 6 project) & Amended Final Site: Plan for Block G : 7 - - - - - - - - - - - - - - - 8 9 Tuesday, July 10, 2012 Wallace School Gymnasium 10 1100 Willow Avenue Hoboken, New Jersey 11 12 B O A R D M E M B E R S P R E S E N T: KEITH FURMAN, CHAIRMAN (Recused) 13 DANIEL WEAVER, VICE CHAIRMAN/ACTING CHAIR FRANK MAGALETTA, MAYORAL DESIGNEE (Recused) 14 ANN GRAHAM, COMMISSIONER BRANDY FORBES, COMMISSIONER (Recused) 15 GARY HOLTZMAN, COMMISSIONER RAMI PINCHEVSKY, COMMISSIONER 16 GILL MOSSERI, ALT. #1 DEMETRI SARANTITIS, ALT. #2 17 18 JOANNE M. OPPERMANN, Certified Court Reporter 19 20 ROSENBERG & ASSOCIATES, INC. 21 Certified Court Reporters & Videographers 22 425 Eagle Rock Ave., Ste 201 250 Park Ave., 7th Fl. 23 Roseland, NJ 07068 New York, NY 10177 24 (973) 228-9100 1-800-662-6878 (212) 868-1936 25 www.rosenbergandassociates.com

2 1 A P P E A R A N C E S: 2 RONALD C. MORGAN, ESQUIRE 3 Attorney for the Board 4 5 CONNELL FOLEY, LLP 6 BY: KEVIN J. COAKLEY, ESQUIRE 7 Attorneys for the Applicant 8 9 A L S O P R E S E N T: 10 11 EILEEN BANYRA, 12 Board Planner 13 PAUL CRAY, 14 Consulting Engineer 15 16 MARITZA EMANUELLI, 17 Acting Board Secretary 18 19 20 21 22 23 24 25

3 1 CHAIRMAN FURMAN: And now we're going to 2 move on to the hearings portion of the evening. 3 Before we get started on this application, there are 4 some board members that will be recusing themselves. 5 I'd like them to identify themselves. 6 COMMISSIONER MAGALETTA: Frank 7 Magaletta. As the mayor's designee, I recuse myself 8 on this hearing on the Shipyard project. 9 COMMISSIONER FORBES: And Brandy Forbes, 10 I recuse myself from the hearing on the Shipyard. 11 CHAIRMAN FURMAN: And I will also be 12 recusing myself. Keith Furman, I'll be recusing 13 myself from this application and turn over this 14 portion of the meeting to the vice chair, Mr. 15 Weaver. 16 (Whereupon, a discussion is held off the 17 record.) 18 ACTING CHAIR WEAVER: At this point in 19 the evening, the Commissioners will listen to the 20 board solicitor. I believe he has some information 21 that he would like to convey to the board members 22 before we commence the hearing. 23 MR. MORGAN: I'm going to stand up and 24 hope you can hear me. 25 We have a very, very, unusual situation

4 1 with regard to the Shipyard application, and I 2 acknowledge that public hearing notices have gone out 3 tonight for a hearing. But I want to explain the 4 situation, for the record, so everyone understands 5 the position and the legal advice that I'm going to 6 provide the planning board. 7 A MEMBER OF THE AUDIENCE: Can you speak 8 louder? 9 MR. MORGAN: I'll try. 10 A MEMBER OF THE AUDIENCE: Can't hear 11 you at all. 12 MR. MORGAN: The Shipyard application is 13 the first PUD in Hoboken's history, and it was 14 approved in 1997 and there were various development 15 blocks in the project that had received preliminary 16 approval. One of the development blocks, Development 17 Block G, which is the subject of the application that 18 is before the board this evening, was earmarked and 19 approved for three regulation tennis courts, a tennis 20 pavilion, 44 service parking spaces. It was not 21 approved for construction of residential buildings on 22 the property. 23 COMMISSIONER GRAHAM: Ron, you're going 24 to have to talk louder. Now it's hard for us to hear 25 back here.

5 1 MR. MORGAN: In January of 1997, the 2 developer subsequently entered into a tri-party 3 developer's agreement with the city, the planning 4 board, and itself. And that agreement requires that 5 the project be constructed strictly in accordance 6 with the 1997 approvals. And it indicates that if 7 the agreement is to be amended, that it has to be 8 amended by the signed written consent of all parties. 9 The project, you're all familiar with 10 it, has been built for the most part, but Block G has 11 not been built, the tennis courts have not been 12 installed, the tennis pavilions have not been 13 installed, neither have the surface parking. 14 Without first going to the city or the 15 planning board to seek a written amendment to the 16 developer's agreement, the applicant filed the 17 pending application with the board, which originally 18 proposed two 11-story towers in lieu of these 19 recreational amenities. The plans have subsequently 20 been revised to two 10-story towers with a connecting 21 lobby. 22 The city filed suit, in March of this 23 year, to strictly enforce the terms of the 24 developer's agreement and require the construction of 25 the recreational amenities in lieu of the two

6 1 10-story towers that are now being proposed. 2 Shipyard -- oh, and the city also asked 3 for declaratory judgment relief declaring that that 4 agreement still remains in full force and effect and 5 is enforceable. 6 In response to the city's complaints, 7 Shipyard filed their answer and also filed a 8 counterclaim where it also asked for a declaratory 9 judgment relief asking the court to interpret and 10 apply the developer's agreement and is asking for the 11 court to determine whether the planning board has to 12 take jurisdiction over this application, at this 13 point, until the dispute over the enforceability of 14 the developer's agreement is resolved. 15 In response to the counterclaim that was 16 filed, the city filed their answer to the 17 counterclaim that Shipyard filed and said, hey, wait 18 a minute, you're asserting this, you've not named the 19 planning board as a party and they're an 20 indispensable party under Court Rule 428-1, because 21 they're a signatory and they also have to agree to 22 this. 23 The bottom line of this is that the 24 enforceability and applicability of the developer's 25 agreement lies at the bottom of this whole thing. It

7 1 is my opinion, that it is entirely premature for the 2 board to deliberate and take action on the merits of 3 an application to put two 10-story towers until a 4 court resolves the applicability and enforceability 5 of the underlying developer's agreement. 6 Moreover, there are certain issues that 7 have arisen, concerning the need for variances, 8 during the course of review of the application, both 9 the original plans and the revised plans, by the 10 board's professionals. 11 The planning board's planning consultant 12 has applied a definition of "development block" to 13 this application, that requires streets to be 14 delineated around all four sides of the block, which 15 is exactly the position that she took with the 16 "Maxwell House" application in 2002. Apparently the 17 applicant and his planning consultants disagree with 18 our planner's interpretation. And she's also pointed 19 out, called out, several other variances which are in 20 dispute. 21 In lieu of going to the zoning board of 22 adjustment, which has exclusive jurisdiction to 23 interpret zoning ordinances and zoning maps, the 24 applicant is just taking the position that they don't 25 need variance relief and therefore notice of that has

8 1 not been provided in the notices that were sent to 2 the public and published in the newspaper. 3 So that's another issue that is open and 4 in dispute. But is sort of secondary, because to me 5 the fundamental issue here is the court has got to 6 resolve the developer's agreement before the planning 7 board takes action on this application. 8 What I'm recommending to the board -- 9 what I originally recommended to the board, is that 10 the application be dismissed without prejudice. 11 However, the applicant, through its attorney, is 12 taking the position that that would enable the 13 applicant to apply to the court for automatic 14 development approval because the board has to take 15 formal action on an application. 16 There's three courses of action that a 17 board can take on an application that's been filed: 18 it can approve an application; it can approve it with 19 conditions; or it can deny it. Because of the 20 applicant's position on the automatic approval issue, 21 I'm changing my recommendation to the board, that it 22 dismiss the application without prejudice, to having 23 the application denied tonight without prejudice. 24 (Applause.) 25 Now, I want to make sure that you

9 1 understand, this is without prejudice. If the court 2 should uphold Shipyard's ability here to apply for 3 these -- for the residential use of the property, 4 they would be free to come back before the board, but 5 we're not there yet. I mean there's a lot of things 6 the judge is going to have to decide. 7 Now, I understand that many of you, 8 through your attorneys, have advised me that you feel 9 that you are third-party beneficiaries of the 10 agreement. You may have relied on that area being 11 open space and recreation. That may very well be 12 true, I'm not here to determine that. 13 I've also been told that there may be 14 those that may want to intervene in the litigation 15 and be heard before the court on the third-party 16 beneficiary issue. That doesn't involve me either, 17 but I just wanted to let you know that that has come 18 to my attention. 19 Board Members, do you have any 20 questions, on the recommendations that I'm giving you 21 tonight, that you need answers to? This is a very 22 unusual circumstance, but I think we are faced with a 23 very unusual set of facts here. 24 ACTING CHAIR WEAVER: I would like to 25 ask the Commissioners if there's a --

10 1 MR. COAKLEY: Excuse me. 2 COMMISSIONER HOLTZMAN: Hang on one 3 second. 4 MR. COAKLEY: I want to understand. Do 5 I get a right to be heard? 6 MR. MORGAN: If the board adopts the 7 motion that I'm recommending it adopt, there's no 8 public hearing tonight and no one will be heard. 9 MR. COAKLEY: I want the record to 10 reflect that Shipyard is here, ready to proceed. We 11 have all of our experts and we're ready to present 12 this case. 13 And I have substantial objections to 14 what Mr. Morgan just said. I dispute all of it. We 15 have put that in writing already to him in two 16 letters and we're prepared to proceed with this case. 17 We think this is an unprecedented and totally 18 erroneous -- 19 A MEMBER OF THE AUDIENCE: Build the 20 tennis courts. 21 A MEMBER OF THE AUDIENCE: We want 22 tennis courts, we want tennis courts, we want tennis 23 courts. 24 MR. MORGAN: There's no hearing at this 25 point.

11 1 A MEMBER OF THE AUDIENCE: Sit down. 2 ACTING CHAIR WEAVER: This is a motion 3 on the part -- 4 COMMISSIONER GRAHAM: I move to deny, 5 without prejudice, the application of Shipyard. 6 MR. MORGAN: Ann, I think you should 7 say, based upon the recommendation of our solicitor. 8 COMMISSIONER GRAHAM: Based on the 9 recommendation of our planning board attorney. 10 COMMISSIONER HOLTZMAN: I second it. 11 ACTING CHAIR WEAVER: Will you please 12 call the roll. 13 BOARD SECRETARY: Mayor Designee Frank 14 Magaletta. 15 ACTING CHAIR WEAVER: He's recused 16 himself. 17 BOARD SECRETARY: Commissioner Ann 18 Graham. 19 COMMISSIONER GRAHAM: Yes. 20 BOARD SECRETARY: Commissioner Gary 21 Holtzman. 22 COMMISSIONER HOLTZMAN: Yes. 23 BOARD SECRETARY: Commissioner Daniel 24 Weaver. 25 COMMISSIONER WEAVER: Yes.

12 1 BOARD SECRETARY: Commissioner Rami 2 Pinchevsky. 3 COMMISSIONER PINCHEVSKY: Yes. 4 BOARD SECRETARY: Chairman Keith Furman. 5 ACTING CHAIR WEAVER: He's recused 6 himself. 7 BOARD SECRETARY: Gill Mosseri. 8 COMMISSIONER MOSSERI: Yes. 9 BOARD SECRETARY: And Alternate Demetri 10 Sarantitis. 11 COMMISSIONER SARANTITIS: Yes. 12 ACTING CHAIR WEAVER: At this point, 13 those members that have recused themselves are 14 welcome to return. We will then continue the 15 planning board agenda, which unfortunately will mean 16 we'll be going into closed session, to discuss some 17 litigation which we have against us, so we'll need to 18 clear the room. 19 (Applause.) 20 (Whereupon, a recess was taken.) 21 (Whereupon, the proceedings are 22 adjourned.) 23 24 25

13 1 C E R T I F I C A T E 2 3 4 I, JOANNE M. OPPERMANN, a Certified 5 Court Reporter and Notary Public of the State of New 6 Jersey, do hereby state that the foregoing is a true 7 and accurate transcript of my stenographic notes of 8 the within proceedings, to the best of my ability. 9 10 11 12 13 14 15 16 17 18 19 ____________________________ 20 JOANNE M. OPPERMANN, C.C.R. 21 License No. XI01435 22 23 24 25