June 21, 2018

before the Board. Ms. Durkin also commented about how she felt about Chairman Buechler now recusing himself due to a conflict with his law firm after the way he conducted himself at the April and May meetings. Ms. Durkin asked Mr. Pellon to approach. Mr. Pellon was sworn in and read a statement that he prepared regarding his encounter with Vice Chairman Neuer after the May 17" meeting. Vice-Chairman Neuer stated that it would be inappropriate for him to rule on Ms. Durkin’s motion and asked Ms. Beirne to make a decision as to whether he should recuse himself. Ms. Beirne stated that she asked Ms. Durkin to provide her with the factual basis for Mr. Pellon’s complaint which she could not provide. Ms. Beirne stated that she would like Vice Chairman Neuer to address the allegations stated by Mr. Pellon and place something on record regarding his version of the incident. Vice Chairman Neuer was sworn under oath and testified that he did not address any of the substance of Mr. Pellon’s testimony other than the accusation that he was not being compassionate towards the applicant. Ms. Beirne asked Vice Chairman Neuer if he felt that he could impartially judge this application knowing what Mr. Pellon had said; he said yes. Ms. Durkin proceeded to ask Vice Chairman Neuer questions regarding the encounter he had with Mr. Pellon after the May meeting. Ms. Beirne stated that she did not find the incident to be disqualifying because the conversation was not about the substance of the application. Ms. Beirne ruled that Vice Chairman Neuer would not be disqualified from participating in this matter. Ms. Durkin disagreed with Ms. Beirne’s ruling and stated on record that Vice Chairman Neuer has a disqualifying conflict. Ms. Durkin stated that the Board could make a motion for Vice Chairman Neuer to step down. Ms. Beirne asked if any Board Member wanted to make a motion to have Vice Chairman Neuer step down; there was no motion made by any of the Board Members. Ms. Weiss noted on record how she felt about this matter and asked that the case continue.