order let me first review our agenda for this evening we have just one item of new business which is an appeal of administrative decision on the moments when union high school proposed message board that's the only piece of business that we have on the agenda for tonight will be in the rest of the public meeting approving minutes of past meetings and then our intention is to  the public meeting and move to deliberative session where we will work on some finishing up some other work from previous hearings so that's the agenda for this evening i just want to remind people that this proceeding will be conducted in an orderly manner consistent with our rules of procedure you will need the rules of procedure to participate i'll walk you through everything but if you wanted written copies of the rules of procedure you can get them from jenin any time at this point i'd need to formally request disclosure of any conflicts of interest or any ex parte communication with board members you think ok thank you so now i need to do to deal with the question of interested persons first let me give you a read you the definition of the persons the interested persons are those who under vermont law have the right to appeal an actor decision of the zoning in a straight or the d or be interested persons immediate neighborhood of a property that subject of any zoning decision or act who can demonstrate a physical or environmental impact on a person's interest on the under the criteria reviewed and who allege that the decision or act of confirmed will violate the municipal plan or b to make a timely appeal they are bound by the officer decision or act and only those interested persons who have participated in a d or be proceeding may appeal a decision re entered in that proceeding to the environmental court pursuant to state statute participation consists of offering through oral or written testimony evidence or statement of concern related to the subject of the proceeding so i read all of that because if there were to be an appeal of any work that we do we don't make a determination about interested party status but that would be part of the appeal process but what we do do is try to keep make sure that we know who has participated and see to that and there should be a sign of sheet that went around or is going around so if you are here for this hearing please make sure that you sign up that we know you are here and if you choose to participate make sure you tell us your name nice and loud when you participate so we can not can can keep record of that this is a hearing and all of those who intend to speak must be sworn in so what i'll do is read the oath and you can to say i do i hereby swear that the evidence i give in the cause under consideration shall be the whole truth and nothing but the truth under the pains  penalties of perjury ok thank you so let's begin we have this one piece of business which is actually an appeal of an administrative decision so there's it's a little bit different format than we sometimes have and because this matter was set aside previously let me explain procedurally where we stand just for everyone's benefits are on the same page the amount  high school applied for a permit to a wreck to sign which is described in a filing that they made with the town and that's filing as part of the record that  based on the the the idea that we centrally that the town that this process had no authority to regulate sign there was an appeal of that decision of that approval so we are tonight hearing that approval the second thing you should know as there are that everyone should understand is that we previously the d r p had acted to agree with the administrative ruling that we did not have jurisdiction that our act of agreeing with that was was appealed to us to environmental court and there was there were i won't go into the details of the court proceedings but the but the decision from the court was to instruct us that in fact our jurisdiction does apply to this particular use it's not in other words subject to the to the special uses exemption blanket exemption and therefore this matter was remanded back to us by the environmental court so that we so that we the the court made no finding of no real findings in the in the  the in in the case in other words they didn't they did they made no judgment on the facts of the case but rather just ruled on now more narrowly on the question of jurisdiction instructed it that we do have jurisdiction and therefore remit it back to us so that's how we get to where we are today which is that we we are asked to act to go through the normal approval process power the normal appeal process for the administrative approval that the basis of the administrative approval has been set aside by the court by summary judgment and it's been remanded back to us to hear this now and apply the standards of the development control  this application so we are now so so done that we're sort of in the odds odd position of hearing a application for a particular project which was not in fact made  it was made but it was made to the town during and originally was passed on as administrative matter so we're back now to hearing the facts of the proposed so to that end and with all of that preamble i'd like to invite you to come up and present as we always do that the proposal that's being made so perhaps who you have yes please i'm going to i'm going to ask you can you tell us your name what my question is ris representing the school as the applicant and so i'm going to put him in the hospital we also all hot seat and ask him to as we always do this start by sort of just giving us a presentation of of what the proposals for the benefit of  of the interest of pretty people here there you don't actually have to move to the hoxsey when we use the screen oftentimes deader if you stay where you are but that's totally up to you so we'll just give you a little bit of the history why i've been there nine years to y early just your high school so at the the end of last fiscal year in the where we got to may of last fiscal year we were in a situation financially in our building the cow where can see it's the the generally allowed sign regulations of size etc our whole with it needs to convey messages about what's going on in school be there concerts or ballgames or when we open when we close what's going on it's it's a it's a more efficient way of communicating i also r that we shouldn't be communicating with the public in a way that is comparable to to others so that's where the genesis of it came from you know over this process i've  i've been through many meetings now so i can answer questions about the sign and we can talk about how often that the message would move does it go off and on that night all those things like you answer  i would want to do the story in comes in the morning if they're coming in about five five thirty to verify it's on so the time we would kick it on around five o'clock and i have my nights do it live about ten thirty so i have to kick off about ten so when they're driving out if it's still on they can come back again to turn it off so that would be to be on and off i think the last time we were here in the the messages if they need to switch you know i think every half hour is more than reasonable or parent teacher conferences or graduation there's you know there's not that many that we need to be constantly rolling that we will go with this exact location where the exact location is where we were to my nine by seven by ten so it's two by nine tall seven by ten long and whatever that leaves us to stay with thirty to six square feet will be what we we play with  you have any information on how great these lights are well you know they deal with life you know they're bright in d m depending upon how light and dark it is out so the more fun it is out the brighter they get the more visible i'm then i guess what i should what i should do is i'd explain so as part of our common process and let me make sure that it's clear to all those who are here what this what the substance of the of the other correspondents that we've got this is besides the you know the application and the other information that we've got just part of the allocation i already explained about  the questions that were brought to the environmental court were essentially does the does the town have authority to regulate this sign and what the what the court has answered is that we have jurisdiction and that the we are there and we were instructed to consider whether the proposed asked that was the answer to them so that's where we stand with that part in the in the process of going back and forth with the court there  so this is a mess so this was the this was a man this is that this from the high school ok so this is so then there's the initial questions there was a i think it's germane i think what i was hoping is that we would treat this more let you know hearing and ask people to explain themselves but it is but i think it's also useful to know for everyone to bunch of information to the  of what's the of what these are is not under the jurisdiction of the different statutes i don't think any treaty statute but the idea is whether whether we have jurisdiction on under this special use clause or so that's the that's the substance of this in response to his motion for summary judgment there were two responses one from the appl everyone knows what's in the record i think that's important so the fact that the school filed a response to the motion has so i don't know general this is this is over your signature so maybe you're the best one to summarize what the salient points are here i just wrote that because i was you know  the summary judgment said certain things that didn't correspond with what we heard in the hearing in just for the purposes of the judge reviewing this and possibly rendering a decision on it i felt that i needed to dispute some of the facts but the judge got the memorandums of opera's position he ended up rendering decision anyway which tells me that he decided that the facts that were in dispute were not material to him being able to render the judgment that was part you know proposed in the statement of facts so to avoid the possibility of getting into an exchange that's unpleasant over something that's a moot point i guess we can like probably skip that social right so and there are so just to be clear the the decisions that have been made are there was an appeal with you with the statement of questions are jurisdictional and the judge ruled on the jurisdictional question he did not give his decision making made yes yes i think it's another and another part of what i talk about in my memory of opposition is that is that this the statement of questions submitted it might possibly result in a re appeal of the case which result additional delays the schools are just going to bring that to the courts attention and they chose not to do anything about that they apologize for it but said that that might very well happen and that's because our  the substance of the chain of facts that that feeling as presented in a motion for summary judgment so even though that was the most expeditious way to decide this i disagreed of some of the material facts that were represented in the motion for summary judgment which we could get into but i kind landscaping lighting and screening requirements and only to the extent that the regulations do not have the effect of interfering with the intended function and schools are in that category so this this means that  not correct so i have no confidence in what the high school was opposing or that they have the additional discretionary funds to pay twenty thousand dollars the size i strongly object the taxpayer ok i'll connect you just a second so i had i noted one question that was that was open in the public comments which was to understand the dimensions and i believe i have the answer but like it correct me if i be if i got this wrong on the  the public comment from today so this is the hearing that well so there was a previous happy information that came out of that hearing is part of our record so the comments made at that hearing are respected jurisdiction not whether the sign there will be there like so and in fact the record of that previous hearing is part of our record and it's this is not so there is no precedent for whether this must be a  on and so there but we do have that other information that was previously why it was when i was a boy i before we continue i need to go back because there is one more piece of a comment which so i have one more question that maybe mr weston can answer maybe mr chemical answered that the only the only map that i have of the proposed sign location is actually from an aerial photo which is from taken from pretty high up and it's not exactly clear what the distances are from mr cameron's home and his yard to the proposed sign and where are the existing and he isn't open to you know hardship araa deliberation is important and so just to be clear that there was a previous hearing and there were some say it was some testimony about the facts of the case and so that leaves that just make sure that everyone realizes that that information is indeed in our in our record so you take any more letters or testimony after the close of this hearing in fact we cannot so we're closing here at this point and will deliberate accept this work that way ok so we'll so this this hearing is closed do we have minutes to work on this from this from the previous meeting tonight we're doing or not i can't remember whether we're not even or so we're going to adjourn the public hearing the public portion of the meeting and my work so our plan was to go to deliberative session so do i hear a motion from the board to move to deliver obsession