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Transcript of Administrative Hearing Transcript of Administrative Hearing Date: May 11, 2020 Case: Edmonson & Gallagher Property Services Planet Depos Phone: 888.433.3767 Email:: [email protected] www.planetdepos.com WORLDWIDE COURT REPORTING & LITIGATION TECHNOLOGY Transcript of Administrative Hearing 1 (1 to 4) Conducted on May 11, 2020 1 3 1 MONTGOMERY COUNTY 1 A P P E A R A N C E S 2 OFFICE OF ZONING AND ADMINISTRATIVE HEARINGS 2 ON BEHALF OF THE APPLICANT: 3 ------------------------------x 3 JODY S. KLINE, ESQUIRE 4 IN RE: : 4 MILLER, MILLER & CANBY 5 EDMONDSON & GALLAGHER PROPERTY: 5 200-B Monroe Street 6 SERVICES, LLC, application for: 6 Rockville, Maryland 20850 7 Milestone Senior Living : 7 (301)762-5212 8 Parcel 507, : 8 9 Middlebrook Subdivision : 9 ALSO PRESENT: 10 10 James Edmondson, The Applicant ------------------------------x 11 11 Jane Przygocki 12 Transcript of Proceedings 12 Michael A. Wiencek, Jr. 13 Conducted Virtually 13 Mahmut Agba 14 Monday, May 11, 2020 14 Daniel Park 15 9:28 a.m. EST 15 Nicole White 16 16 Jon S. Frey 17 17 Nana Johnson 18 Before: 18 19 LYNN A. ROBESON HANNAN, 19 20 Administrative Hearing Examiner 20 21 21 22 22 23 Job No.: 287912 23 24 Pages: 1 - 145 24 25 Reported by: Stephanie L. Hummon, RPR 25 2 4 1 Transcript of Proceedings in the 1 C O N T E N T S 2 above-captioned matter, conducted virtually. 2 EXAMINATION OF JAMES EDMONDSON PAGE 3 3 By Mr. Kline 9 4 4 EXAMINATION OF JANE PRZYGOCKI PAGE 5 5 By Mr. Kline 34 6 6 EXAMINATION OF MICHAEL A. WIENCEK, JR. PAGE 7 7 By Mr. Kline 74 8 8 EXAMINATION OF MAHMUT AGBA PAGE 9 9 By Mr. Kline 110 10 10 EXAMINATION OF DANIEL PARK PAGE 11 11 By Mr. Kline 122 12 Pursuant to Agreement, before Stephanie L. 12 EXAMINATION OF NICOLE WHITE PAGE 13 Hummon, Registered Professional Reporter and Notary 13 By Mr. Kline 136 14 Public of the State of Maryland. 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 PLANET DEPOS 888.433.3767 | WWW.PLANETDEPOS.COM Transcript of Administrative Hearing 2 (5 to 8) Conducted on May 11, 2020 5 7 1 P R O C E E D I N G S 1 it at the time as each one of them shows up. 2 HEARING EXAMINER ROBESON: This is the 2 HEARING EXAMINER ROBESON: Let's do it at 3 public hearing in the application of Edmondson & 3 the time each one of them shows up. 4 Gallagher Property Services, LLC, for an 4 MR. KLINE: That would be fine. 5 independent living facility for seniors. The 5 I have my first witness, Mr. Jim 6 property is Parcel 507, Middlebrook Subdivision. 6 Edmondson here. We have submitted an affidavit of 7 It is located 0.14 -- approximately 0.14 miles from 7 posting, which I believe is in the record as 8 the intersection of Frederick Road and Maryland 8 Exhibit 55, and I'd ask that that be incorporated 9 Route 355. 9 into the record. I guess I don't even need to ask 10 My name is Lynn Robeson. I am the 10 that. It's 54, and it is on -- in the record 11 Hearing Examiner in this case, which means that I 11 already. 12 will listen to all the testimony today, take 12 HEARING EXAMINER ROBESON: Nana is good. 13 evidence, and write a decision. Anybody that 13 MR. KLINE: Yes. I don't think an 14 disagrees with the decision may request an appeal 14 opening statement is necessary. I know you read 15 to the Board of Appeals within ten days of the date 15 the record and you've been getting materials, staff 16 of this decision. 16 reports, and eventually, the -- eventually, the 17 A word on this remote hearing. Due to 17 chairman's recommendation. 18 the Governor's order limiting gatherings, we are 18 So unless you have any questions for me, 19 holding this hearing remotely on Microsoft Teams. 19 I would just begin with our first witness. 20 Mailed notice of the hearing and the 20 HEARING EXAMINER ROBESON: Okay. Now, 21 motion to amend mentioned the possibility of having 21 something just happened. Who is your first 22 this hearing remotely, and contained instructions 22 witness? 23 that we post the hearing on OZAH's website. A 23 MR. KLINE: It would be Mr. Edmondson, 24 meeting invitation with instructions to join has 24 Mr. James Edmondson. 25 been posted on OZAH's website, along with the 25 MS. PRZYGOCKI: I'm sorry, I 6 8 1 exhibit list, and many of the exhibits we'll be 1 accidentally -- I think I somehow clicked out. I 2 discussing today. 2 can't see you-all anymore. This is Jane Przygocki. 3 There are some important reminders. 3 HEARING EXAMINER ROBESON: You're in the 4 Because this is remote, the hearing -- the court 4 meeting, I think you turned your camera or -- 5 reporter has more difficulty keeping track of what 5 MS. PRZYGOCKI: I'm not sure what 6 is said. Therefore, please try not to interrupt or 6 happened. 7 talk amongst each other or what they call 7 (Technical difficulties.) 8 cross-talk. 8 HEARING EXAMINER ROBESON: Are you back? 9 I will ask, periodically, if there was 9 MS. PRZYGOCKI: I'm back. Thank you. 10 anyone who has joined the meeting that would like 10 I'm sorry about that. 11 to testify. If there's anyone now -- is there 11 HEARING EXAMINER ROBESON: I do want to 12 anyone on this meeting, that is not represented by 12 say, we have on this hearing, Mr. Jon Frey, from 13 Mr. Kline, that would like to testify? 13 the Department of Technology Services. He is our 14 Okay. Seeing -- hearing none, Mr. Kline, 14 Microsoft Teams guru, and he is listening and ready 15 why don't you go ahead and, again, identify 15 to help if there are any issues. 16 yourself for the record, and your client. 16 MR. KLINE: You may recall, when we had a 17 MR. KLINE: Good morning, Ms. Robeson. 17 hearing Friday a week ago, Mr. Frey jumped in and 18 For the virtual record, my name is Jody Kline. I'm 18 was able to straighten things out for us. 19 an attorney at the law firm of Miller, Miller & 19 But having said that, I'll call my first 20 Canby, with offices at 200-B Monroe Street in 20 witness, Mr. Edmondson. 21 Rockville. And the picture that some of you are 21 HEARING EXAMINER ROBESON: Mr. Edmondson, 22 seeing is actually our board room in that law 22 please raise your right hand. 23 office. 23 Whereupon, 24 We have six witnesses to testify today. 24 JAMES EDMONDSON, 25 I'm glad to give you their names now, or we can do 25 being first duly sworn or affirmed to testify to PLANET DEPOS 888.433.3767 | WWW.PLANETDEPOS.COM Transcript of Administrative Hearing 3 (9 to 12) Conducted on May 11, 2020 9 11 1 the truth, the whole truth, and nothing but the 1 in the world, to do something that we, children of 2 truth, was examined and testified as follows: 2 the '60s, thought was important, and doing 3 HEARING EXAMINER ROBESON: Please state 3 affordable housing was that thing. 4 and spell your name and address for the record. 4 We -- we got started in 1982. We 5 THE WITNESS: My name is James H. 5 purchased and redeveloped properties, starting in 6 Edmondson. Edmondson is spelled E-d-m-o-n-d-s-o-n. 6 1982, and have been in that business ever since. 7 (Home address retracted per Hearing Examiner.) 7 As I explained earlier, one company is a property 8 And my offices are also in McLean, Virginia. The 8 management firm, primarily, and the -- the -- kind 9 office address is 1651 Old Meadow Road, Suite 305, 9 of the centerpiece of our organizations; and the 10 McLean, Virginia 22102. 10 second -- the second company is the development 11 HEARING EXAMINER ROBESON: Okay. I'm 11 entity, which doesn't have any employees, but 12 going to ask the court reporter to delete 12 provides guarantees, as necessary, for our 13 Mr. Edmondson's home address because I don't want 13 projects. 14 any personal identifying information in the record. 14 We've done between -- in our -- in our 15 THE WITNESS: Thank you. 15 various roles, over the last 38-plus years, we've 16 HEARING EXAMINER ROBESON: All right. Go 16 done about 10,000 units of acquisitions and 17 ahead, Mr. Edmondson -- or Mr. Kline. 17 development. We've -- among our projects are 18 MR. KLINE: Sure. 18 the -- are the two largest affordable housing 19 EXAMINATION BY COUNSEL FOR THE APPLICANT 19 projects that have been financed by -- with the 20 BY MR. KLINE: 20 help of Washington; one called Fort Chaplin Park 21 Q. Well, simple question: Mr. Edmondson, 21 Apartments, which we sold a number of years ago. 22 what is your affiliation with the Applicant in this 22 Another one is called Meadow Green Courts, which 23 case, Edmondson & Gallagher Property Services? 23 was -- which we still own. We -- in fact, we now 24 A. I am the developer of the property, the 24 own it in fee simple.
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