district of columbia + + + + + meeting room, reeves building, 2000 14th street n.w., washington,...

202-234-4433Neal R. Gross and Co., Inc.

DISTRICT OF COLUMBIA + + + + + ALCOHOLIC BEVERAGE CONTROL BOARD + + + + + MEETING

IN THE MATTER OF:

19th & K, Inc, t/a OzioMartini & Cigar Lounge Protest1813 M Street, NW HearingRetailer CN (Status)ANC 2BLicense No. 89394Renewal ApplicationCase No. 13-PRO-00151

March 19, 2013

The Alcoholic Beverage ControlBoard met in Alcoholic Beverage ControlHearing Room, Reeves Building, 2000 14thStreet N.W., Washington, D.C., ChairpersonRuthanne Miller presiding.

PRESENT:RUTHANNE MILLER, ChairpersonNICK ALBERTI, MemberDONALD BROOKS, MemberMICHAEL SILVERSTEIN, MemberHECTOR RODRIQUEZ, MemberJAMES SHORT, Member

ALSO PRESENT:

Felicia Dantzler, Investigator, ABRA


1 P-R-O-C-E-E-D-I-N-G-S

2 (1:39 p.m.)

3 CHAIRPERSON MILLER: Good

4 afternoon. I'm going to call Case Number 13-

5 PRO-00151. It's Ozio Martini and Cigar

6 Lounge, located at 1813 M Street, N.W.,

7 License Number 89394 and ANC 2B. And I'm just

8 going to ask the parties to introduce

9 themselves for the record.

10 MR. FONSECA: Michael Fonseca, on

11 behalf of the licensee. With me is the Vice

12 President and one of the principals, Steven

13 Christacos, C-H-R-I-S-T-A-C-O-S. My last name

14 is F, like Frank, O-N-S-E-C-A.

15 CHAIRPERSON MILLER: When you're

16 ready, if you could introduce yourself for the

17 record?

18 MS. PECK: My name is Sarah Peck.

19 I'm a community representative. I'd like to

20 note for the purposes of the Board that,

21 although I am a licensed attorney I am in

22 inactive status.


1 I am admitted in the State of

2 Massachusetts. I've never tried a case. I'm

3 merely here as a community representative. So

4 I hope that you will bear with me as I try to

5 go through this proceeding. Thank you.

6 CHAIRPERSON MILLER: Okay. So,

7 I'm going to start off with my preliminary

8 matter. And that is that I'm going to be

9 recusing myself in this case out of an

10 abundance of caution.

11 I think back in 2010 I provided

12 counsel to Jefferson Condominium, with respect

13 to the voluntary agreement regarding this

14 establishment. So I am going to leave this

15 case in Mr. Alberti's hands to chair, and wish

16 you all a good hearing.

17 MR. FONSECA: Okay.

18 MS. PECK: Thanks.

19 MEMBER ALBERTI: I'm going to have

20 to switch places. It will be easier for some

21 parties to direct their attention if I do

22 that. Okay. Let's start. Are there any


1 preliminary matters, procedural issues that we

2 need to address before we begin?

3 MR. FONSECA: I don't think so.

4 MEMBER ALBERTI: Okay. Ms. Peck,

5 you said you haven't tried one of these cases.

6 Do you want me to go through briefly how this

7 will proceed?

8 MS. PECK: Sure.

9 MEMBER ALBERTI: Okay, it's like,

10 probably like, very much like any

11 administrative hearing you've witnessed. We

12 will start with opening statements. The

13 applicant will present their case first, call

14 witnesses. There'll be cross examination of

15 witnesses. And then the protestants will

16 present their case.

17 Again, there'll be witnesses and

18 cross examination of witnesses. After the

19 cross examination by the parties, the Board

20 usually has questions. And then we have

21 redirect and recross after that. Each side is

22 given a total of 90 minutes to present their


1 case. That includes examination and cross

2 examination of witnesses.

3 I forgot to mention that the first

4 witness today will be the ABRA's investigator,

5 who's reviewed this protest. And that will be

6 the Board's witness. And we will start with

7 that witness first. So before we begin, Mr.

8 Fonseca, how many witnesses do you plan to --

9 MR. FONSECA: Four witnesses.

10 Yes, four witnesses.

11 MEMBER ALBERTI: Okay. Ms. Peck?

12 MS. PECK: Three witnesses.

13 MEMBER ALBERTI: Three witnesses,

14 okay. I'll just remind everybody that we

15 really want to, not want to hear duplicative

16 information. So we'll try to speed things up

17 that way. Do we need to call the rule on

18 witnesses?

19 MR. FONSECA: No, problem.

20 MEMBER ALBERTI: Do you

21 understand?

22 MS. PECK: No. What's the rule on


1 witnesses?

2 MR. FONSECA: Actually, I prefer

3 not having the rule on witnesses.

4 MEMBER ALBERTI: Okay. The rule

5 on witnesses, if it was applied, would mean

6 that all of the witnesses would have to leave

7 the room until they testify.

8 MS. PECK: Okay. And I agree

9 that's not necessary.

10 MEMBER ALBERTI: Okay. It's not

11 necessary, okay. Very good. So let's begin.

12 I'll give each side five minutes for opening

13 statements. And we'll begin with Mr. Fonseca.

14 MR. FONSECA: Yes. We're here for

15 what I would consider a somewhat limited

16 protest, albeit one that's meritorious on its

17 face. It goes to noise, primarily from the

18 music, to put the noise that's generated from

19 this establishment.

20 But more particularly, this

21 particular area of the District of Columbia

22 that's come to be known as Club Central, with


1 an abundant number of bars and lounges, and

2 restaurants that offer entertainment, that

3 also provide entertainment.

4 Unfortunately, because of the

5 timing sequence, Ozio was the first to be

6 placarded, the first to come up for protest,

7 the first to not sign a settlement agreement

8 that would have terminated the case, and now

9 the first to come to a full protest here.

10 As such, this is in essence a

11 focus on Ozio. But one that we believe the

12 evidence will show, an establishment that is

13 not a major responsible party for the noise

14 complaints. And particularly, to the

15 residents, which are the majority of the

16 protests.

17 And it's at the Palladium, which

18 is in excess of 700 feet, that could hear the

19 music that's being emitted from the space

20 that's the rooftop summer garden, which is

21 what will be the focal point of the

22 allegations.


1 We believe that our testimony,

2 which will include the original sound

3 engineer, back when we had a protest of the

4 request to the Board to approve the rooftop

5 space. And also some testimony as to some

6 current sound readings, to assist the

7 establishment and being compliant with the

8 noise control act.

9 Our propositions is, and has

10 always been, both with the protestants and,

11 frankly, before the Board, and will be part of

12 my summation is, an acknowledgment. There's

13 a voluntary agreement, which is a superseded

14 one from the first, that included a testing

15 period.

16 And it includes mechanisms for

17 complaining, principally for the Jefferson Row

18 Condominium, which is the immediate

19 residential unit, albeit in a C3(C) zone. And

20 also a recognition that the Noise Control Act

21 is enforceable.

22 Having said that, therein is the


1 real nut of this dilemma we have here. Is the

2 Noise Control Act has not been enforced by the

3 agency responsible, which is DCRA, which we

4 now finally have an ABRA joint agency task

5 force, noise task force.

6 And we believe that that is going

7 to ultimately result in further enforcement,

8 which will perhaps meet the needs of the

9 protestants, and also the needs of the

10 applicant at this renewal, as to knowing

11 whether they're compliant or not, as opposed

12 to, you know, the protestants or any other

13 citizen attempting to regulate this business,

14 as opposed to the regulators.

15 MEMBER ALBERTI: Thank you, Mr.

16 Fonseca. Okay, five minutes.

17 MS. PECK: This case is a wakeup

18 call to the ABRA Board. Stop granting summer

19 garden endorsements that permit amplified

20 sound outside. Ozio has such an endorsement

21 to operate an open roof dance club on the

22 third floor of a building in DuPont Circle.


1 This is a home. Hundreds of

2 people live there, children, professionals,

3 retired people. And they are regularly

4 disturbed when Ozio's pounding music is

5 released out of its roof into the night sky.

6 Engineer Carl Nelson, a resident,

7 will testify that he has used a DCRA noise

8 meter, and reported 101 decibels inside of

9 Ozio, just a few feet from the open roof.

10 And although this has not been

11 admitted as evidence yet, with your permission

12 I'd like to just play a very short clip to

13 give you an idea of the kind of noise that

14 Ozio is generating. May I?

15 MEMBER ALBERTI: Any objection?

16 MR. FONSECA: Yes, I would object.

17 Opening statements aren't evidence, as closing

18 statements can only address evidence that's

19 been submitted.

20 MEMBER ALBERTI: Ms. Peck, are you

21 going to enter this?

22 MS. PECK: Yes, I am.


1 MEMBER ALBERTI: Let's just wait -

2 -

3 MR. FONSECA: I'm reserving my

4 rights to object to any admission of any

5 videos.

6 MEMBER ALBERTI: I'm going to hold

7 that objection. We'll hold this until -- I

8 think it will be fine. We'll hear it later,

9 and I think that will be sufficient.

10 MS. PECK: Okay. Well, very well.

11 I can tell you right now that the noise that

12 you will hear on that video is of course not

13 as loud as it is inside of the club. One

14 hundred and one decibels is the sound of a

15 plane taking off.

16 And I have, you have to ask

17 yourself, would you want to listen to that

18 kind of noise when you are trying to sleep at

19 3:00 a.m.? As Ann Kappel will testify, this

20 is not a one time occurrence.

21 For years Ozio's noise has caused

22 considerable distress at Jefferson Row, which


1 is located a half block away. She regularly

2 sleeps wearing hearing ear plugs. She will

3 testify that despite the careful and expensive

4 effort to negotiate the settlement agreement,

5 and despite years of complaints, Ozio is still

6 not complying with its settlement agreement.

7 Even Ozio's sound engineer, in his

8 report indicates that at 90 decibels, which is

9 considerably lower than 103 decibels, every

10 3.3 decibels it doubles in amount. Ozio's

11 noise could be heard inside the two Jefferson

12 Row apartments during the 2010 sound check.

13 And that was with the roof open, and possibly

14 even when it was closed.

15 The ABRA inspector, we believe she

16 reported in her report that she could hear

17 Ozio's rooftop music on the ground, in the

18 alley behind Ozio. And while I would argue

19 that the correct measurement should have been

20 taken three feet away from the open roof, and

21 not 30 to 40 feet away on the ground,

22 nevertheless, she could hear Ozio's noise


1 three stories away, coming from a roof, over

2 the sound of a loud industrial band, and over

3 music coming from other clubs in the alley.

4 These facts will show that Ozio's

5 music is greatly in excess of 60 decibels,

6 which is the sound of a conversation. Carl

7 Nelson's testimony is consistent with the

8 inspector's findings.

9 He will testify that he has

10 measured 74 to 82 decibels in that alley, in

11 a alcove at the base of the establishment.

12 And that amount is over 60 decibels, and up to

13 22 decibels over the ambient sound levels.

14 Abigail Nichols will testify that

15 residents at the Palladium can hear noise from

16 Ozio, albeit it is mixed with noise from other

17 clubs. And despite her distress she will

18 explain why she and other residents have given

19 up calling ABRA for relief.

20 We have submitted letters from

21 other Palladium residents to help the Board

22 understand the level of distress that


1 residents are experiencing.

2 To sum up, our evidence will show

3 that Ozio's noise violates the peace, order

4 and quiet of the residents of DuPont Circle,

5 and damages their property values.

6 Accordingly, we will ask the Board to find

7 Ozio's rooftop dance club inappropriate. The

8 Board should suspend Ozio's license, and order

9 immediate relief to long suffering residents.

10 And I'd like to add, from a policy

11 perspective, we also ask this Board to

12 reconsider its practice of granting summer

13 garden endorsements to licensees who plan to

14 use amplified sound outside. Ozio's case

15 clearly demonstrates that such endorsements

16 are unworkable.

17 MEMBER ALBERTI: Thank you, Ms.

18 Peck. We are now going to call the Board's

19 witness, Investigator Dantzler. And I'll

20 remind the parties that you'll have a chance

21 to ask questions of Investigator Dantzler.

22 But that will count against your total time.


1 Investigator, if you would stand

2 and raise your right hand? Do you affirm that

3 the testimony that you are about to give will

4 be the truth, the whole truth, and nothing but

5 the truth?

6 INVESTIGATOR DANTZLER: I affirm.

7 MEMBER ALBERTI: Thank you.

8 Please be seated. Would you introduce

9 yourself, tell us what your position is at

10 ABRA, and then proceed to summarize your

11 report, please?

12 INVESTIGATOR DANTZLER: Sure. My

13 name is Felicia Dantzler, ABRA Investigator.

14 MEMBER ALBERTI: You may proceed

15 with your report. Thank you.

16 INVESTIGATOR DANTZLER: I'm not

17 going to read my report verbatim. I'm just

18 going to basically summarize on my report.

19 This is the, as we know, we're here for the

20 Ozio Martini and Cigar Lounge, Protest Number

21 13-PRO-00151. The protest is being, Ozio is

22 being protested by two groups of five, from


1 the Palladium Condominium, and the Jefferson

2 Row Condominium Association.

3 On Wednesday, February 5th, 2014 I

4 spoke with Ms. Sarah Peck, who is identified

5 in ABRA records as the contact person to

6 communicate with, to determine the issues as

7 it relates to the community.

8 Ms. Peck advised that the Ozio

9 Martini and Lounge, that they have loud music

10 which emanates from the rooftop summer garden,

11 and interrupts the enjoyment and sleep of the

12 residents at the Palladium Condominium, as

13 well as Jefferson Row.

14 On Tuesday, February 11th of 2014

15 I telephonically spoke with Steven Christacos,

16 who's identified in ABRA records as one of the

17 owners. And Mr. Christacos stated that he had

18 no comment as it relates to that statement for

19 this investigation.

20 As you can see, Ozio Martini and

21 Cigar Lounge operates in an area that has

22 approximately 58 Board approved ABC


1 establishments. The makeup of Ozio Martini

2 and Lounge, it consists of four floors, not

3 including, to include the basement.

4 On Page 6 of my investigative

5 report you can see the breakdown of the floors

6 as it relates to the capacity. Ozio Martini

7 and Cigar Lounge did not ask for any change in

8 their, any change of hours in their operation

9 of their establishment. Nor did they ask for

10 a change of hours for their rooftop summer

11 garden.

12 On Page 8 is what you're going to

13 see are the observations that I found. Ozio

14 was monitored by several ABRA investigators,

15 beginning -- Court's indulgence. Beginning on

16 February the 20th several ABRA investigators

17 monitored Ozio's Martini and Cigar Lounge.

18 From February 20th of this year

19 until March 15th there were a total of ten

20 observations. As you can see, you'll see the

21 dates and times, as well as the type of

22 weather during those monitorings. Listed on


1 Page 8, which you will also find, are the

2 times that I heard music while at Ozio.

3 If you look at Exhibit Number 4 of

4 the packet, you'll see that on the front shows

5 Ozio. On the side of the photograph you'll

6 see an alley. This alley, from the beginning

7 of the 1800 block of M, like Mary, Street,

8 north by west, walking northbound through the

9 alley. And the first left that you get to

10 will put you behind Ozio's.

11 So while standing in the rear of

12 the establishment I can hear music that was

13 emanating from the rooftop summer garden. As

14 I continued to walk eastbound in the rear

15 direction westbound --

16 MEMBER SILVERSTEIN: Say again,

17 please? By standing in the alley?

18 INVESTIGATOR DANTZLER: Yes, the

19 rear of Ozio. I can hear the music from the

20 rooftop summer garden. So as I walked

21 westbound in the alley, the music would, the

22 sound would decrease.


1 While I was also in the rear of

2 the establishment, Exhibit Number 4, if you

3 see on the side I have an arrow pointing

4 exactly, in the approximate area where 18th

5 Street Lounge is located. And that's another

6 ABC establishment. And that establishment as

7 well has some sort of outdoor activity on

8 their summer garden.

9 So, the further away I walked from

10 Ozio's I can, I heard, I could hear some

11 music. But I couldn't distinguish which

12 establishment the music was emanating. Nor

13 could I make out any type of lyrics. There

14 was some sort of pounding. But I couldn't

15 determine who actually, which establishment

16 was actually music that I was hearing.

17 The rear of this alley takes one

18 to the 1200 block of 19th Street as you

19 continue walking westbound. It deposits you

20 right into the 1200 block of 19th Street.

21 So I then walked on 19th to

22 Jefferson Place N.W. And what you cannot see


1 in this photograph is that, I believe it's the

2 Palladium Condominiums are located closer to

3 19th and Jefferson Street, than it is at

4 Jefferson and, let's say 18th Street.

5 So as I walked eastbound in the

6 1800 block of Jefferson Street, I could hear,

7 more than halfway in the block is when I first

8 started hearing the noise. Or should I say,

9 the music.

10 Now, the Palladium Condominiums is

11 well, more than halfway in the block behind

12 me. So when I got to 19th and Jefferson I

13 couldn't hear any music, right down in the

14 area where the condominiums are located. No

15 music could be heard there.

16 The further I got into the 1900

17 block of Jefferson Street is when I first

18 picked up the sound of some sort of music.

19 And the music that I actually picked up is the

20 music that was from Heist, which is located in

21 the 1800 block of Jefferson Street.

22 Once I got to the opening to the


1 alley, if you look at Exhibit Number 4, the

2 opening in the alley that is furthest from

3 you. That's where I would stand. And the

4 only music I can hear at that point is coming

5 from 18th Street Lounge, as well as Heist.

6 So, no music from Ozio Martini

7 could be heard in that area. And directly

8 across the street is the condominium for, is

9 the Jefferson Row Condominiums.

10 During the monitoring of Ozio's,

11 not one time did ABRA receive a complaint for

12 noise during our monitoring, as it relates to

13 Ozio Martini and Lounge. The times that I

14 went out there were just solely for the

15 monitoring for the protest and not out for the

16 complaint.

17 MR. FONSECA: Excuse me, what was

18 the last thing you said? And not what?

19 INVESTIGATOR DANTZLER: The

20 monitoring that ABRA investigators did for

21 Ozio was not from a complaint. But it was

22 solely because of this protest investigation.


1 And that's the end of summary.

2 MEMBER ALBERTI: Is that your

3 report?

4 INVESTIGATOR DANTZLER: Yes.

5 MEMBER ALBERTI: Thank you. Okay.

6 As far as the Board, are there questions of

7 the investigator? Mr. Short?

8 MEMBER SHORT: Good afternoon,

9 Investigator.

10 INVESTIGATOR DANTZLER: Good

11 afternoon.

12 MEMBER SHORT: You stated in your

13 testimony that you walked further away from

14 the club in question, and you heard noise

15 emitting from other clubs? Approximately how

16 far were you away from the club at that time,

17 or your direct location?

18 INVESTIGATOR DANTZLER: I would

19 say approximately 60 feet from the rear of the

20 establishment. I stood under, right under

21 where the rooftop garden is. And I could hear

22 it. But the further I got away, approximately


1 60 feet, is where I could not distinguish

2 which music I actually hearing.

3 MEMBER SHORT: In your estimation,

4 or guesstimation as a investigator, was where

5 you were standing, was peace, order and quiet

6 preserved? Or how would you --

7 INVESTIGATOR DANTZLER: I wouldn't

8 characterize as a disturbance.

9 MEMBER SHORT: Thank you.

10 MEMBER ALBERTI: Thank you Mr.

11 Short. Mr. Silverstein?

12 MEMBER SILVERSTEIN: Thank you,

13 Investigator. I was, I have some questions

14 about where you were, where the various

15 buildings are? You said that as you walked

16 westbound the sound would, in the alley the

17 sound would decrease?

18 INVESTIGATOR DANTZLER: Correct.

19 MEMBER SILVERSTEIN: And you said

20 that you couldn't distinguish. Was that

21 because there was just an overall din that

22 you, you know, if a lot of people are yelling,


1 the person closest to you will be the one you

2 hear or distinguish. Whereas, there's still

3 a lot of people yelling. Was this a matter

4 where simply sound decreased? Or where you

5 were picking up other sounds?

6 INVESTIGATOR DANTZLER: The other

7 sounds that I heard was from 18th Street

8 Lounge, and as well as Ozio. But the further

9 away I got, I couldn't tell whose music was

10 being heard. And by the time I got to the end

11 of the alley that deposited me in the 1200

12 block of 19th Street, no music was heard.

13 MEMBER SILVERSTEIN: You didn't

14 hear any music --

15 INVESTIGATOR DANTZLER: No.

16 MEMBER SILVERSTEIN: -- from the

17 end of the alley? It was quiet?

18 INVESTIGATOR DANTZLER: No music

19 heard. None.

20 MEMBER SILVERSTEIN: And where did

21 you say the Palladium is located?

22 INVESTIGATOR DANTZLER: It's on


1 the lower end of the 1800 block of Jefferson

2 Place N.W. Closer to 19th and Jefferson.

3 Around 18th--

4 MEMBER SILVERSTEIN: The

5 Palladium's on 18th Street.

6 INVESTIGATOR DANTZLER: The

7 Palladium's on 18th Street?

8 MEMBER SILVERSTEIN: Yes, is it

9 not? They're on the other side of Connecticut

10 Avenue, aren't they?

11 INVESTIGATOR DANTZLER: That was

12 not my understanding. I spoke with one of the

13 managers at Ozio, who helped me to identify

14 where the condominium was located. Jefferson

15 was clearly marked on their building.

16 The building that was identified

17 to me was actually 1830. But there's no name

18 on that building. And I believed that to be

19 the Palladium.

20 MEMBER SILVERSTEIN: So how far

21 away, if you were walking towards Connecticut

22 Avenue, could you hear Ozio? And is there


1 just a general din as you go towards

2 Connecticut Avenue?

3 INVESTIGATOR DANTZLER: Well, my

4 investigation didn't lead me to Connecticut

5 Avenue, because the music was in the rear of

6 the establishment, which is towards the

7 rooftop summer gardens of it.

8 MEMBER SILVERSTEIN: Did you get

9 up to the roof?

10 INVESTIGATOR DANTZLER: No, I

11 didn't go to the roof.

12 MEMBER SILVERSTEIN: Do you know

13 if there are any buildings that are taller

14 than Ozio, that would buffet or block the

15 noise? Or make it reverb or echo?

16 INVESTIGATOR DANTZLER: I don't

17 recall any buildings taller than Ozio. But I

18 do recall buildings pretty much the same

19 height as Ozio's.

20 MEMBER SILVERSTEIN: No further

21 questions.

22 MEMBER ALBERTI: Other Board


1 Members? Investigator, I have a similar

2 question. Thank you for your report. So, all

3 of your observations of sound were at street

4 level, correct?


6 MEMBER ALBERTI: So you never went

7 into, I think there are two condominiums that

8 are involved here, or at least the Palladium.


10 MEMBER ALBERTI: You didn't go

11 into the upper floors of the Palladium? Do

12 you know how tall the Palladium is? How many

13 floors it is?

14 INVESTIGATOR DANTZLER: It

15 appeared to be about four stories.

16 MEMBER ALBERTI: Okay. So you

17 didn't go up into the upper stories, and try

18 to enter one of the apartments and residents

19 --


21 MEMBER ALBERTI: -- and observe

22 sound?


1 INVESTIGATOR DANTZLER: No. I

2 purposefully did not go into the condominiums

3 to determine the noise level. I wanted to

4 have the initiation brought upon from the

5 protestant --

6 MEMBER ALBERTI: Okay.

7 INVESTIGATOR DANTZLER: -- the

8 Board to confirm or deny.

9 MEMBER ALBERTI: Now, you also

10 stated that --

11 MR. FONSECA: Mr. Alberti, if we

12 may, I think the parties will stipulate

13 there's, we're beginning to get confusion as

14 to the Jefferson Row Condos, and the

15 Palladium, which are two distinct buildings

16 far removed from each other. The Jefferson

17 Row Condominium is on Jefferson Place.


19 MR. FONSECA: The Palladium is at

20 18, excuse me, 1325 18th Street.


22 MR. FONSECA: On the other side of


1 Connecticut Avenue. So I just think, so that

2 we don't have to clean this up later, maybe if

3 we stipulate to that --

4 MEMBER ALBERTI: On the other side

5 of --

6 MR. FONSECA: -- it may be

7 helpful.

8 MEMBER ALBERTI: On the other side

9 of Connecticut Avenue, okay.

10 MR. FONSECA: Correct.

11 MEMBER ALBERTI: So the Jefferson

12 Row Condominiums is the one that's --

13 MR. FONSECA: In closest proximity

14 --

15 MEMBER ALBERTI: Just --

16 MR. FONSECA: -- to the rear.

17 MEMBER ALBERTI: Just west of

18 Ozio's on Jefferson Street?

19 MR. FONSECA: Yes. And their rear

20 meets the same alley.

21 MEMBER ALBERTI: Ms. Peck is that

22 --


1 MR. FONSECA: We will stipulate to

2 that.

3 MS. PECK: Yes, that is correct.

4 That is the correct location.

5 MEMBER ALBERTI: Okay, great.

6 Thank you very much.

7 MR. FONSECA: And I'm sorry about

8 the interruption.

9 MEMBER ALBERTI: That's all right.

10 MR. FONSECA: I just thought it

11 would be helpful.

12 MEMBER ALBERTI: Okay. So,

13 Investigator, you said that you weren't aware

14 of any complaints, noise complaints from

15 residents, regarding Ozio's, while you were

16 doing your, while you were monitoring. Would

17 you have been made aware of those?


19 MEMBER ALBERTI: Okay. So your

20 statement really is that ABRA didn't get any

21 noise complaints? And you would know whether

22 or not ABRA did get noise complaints during


1 that period?


3 All the complaints may not have come to me.

4 It would have went to other investigators, who

5 would advise me of their findings.

6 MEMBER ALBERTI: Right. And no

7 one did advise you --


9 MEMBER ALBERTI: -- that there

10 were complaints?

11 INVESTIGATOR DANTZLER: No one

12 advised me that they responded to Ozio's

13 because of a complaint was lodged.

14 MEMBER ALBERTI: Okay. Very good.

15 That's what I'm trying to understand.

16 INVESTIGATOR DANTZLER: Okay.

17 MEMBER ALBERTI: Thank you very

18 much. Okay. Mr. Fonseca, questions for

19 Investigator Dantzler?

20 MEMBER JONES: Oh --

21 MEMBER ALBERTI: Just one moment,

22 please.


1 MR. FONSECA: All right.

2 MEMBER ALBERTI: I'm sorry, we had

3 another Board Member who's coming late to the

4 game. Mr. Jones?

5 MEMBER JONES: Better late than

6 never. Sorry about that. Investigator, how

7 are you?

8 INVESTIGATOR DANTZLER: How are

9 you?

10 MEMBER JONES: Do you happen to

11 have your report in front of you? I'm looking

12 at Exhibit 2.

13 INVESTIGATOR DANTZLER: I do.

14 MEMBER JONES: This is just, it

15 will help me out. Just because I'm spatially

16 retarded sometimes. I need your help. All

17 right, when you get to Exhibit 2, just let me

18 know.

19 INVESTIGATOR DANTZLER: Will do.

20 MEMBER ALBERTI: Exhibit 2 is one

21 of the maps?

22 MEMBER JONES: Yes.


1 INVESTIGATOR DANTZLER: Okay. I

2 have Exhibit 2.

3 MEMBER JONES: Excellent. So on

4 there is a call out box for Ozio, at 1813 M

5 Street, N.W. And there's a circle drawn

6 around that, I guess a circle centered at 1813

7 M Street, N.W., or approximately a circle. Is

8 that the Exhibit 2 that you're looking at as

9 well?


11 MEMBER JONES: Okay. The alley

12 that you noted that you are standing in or at,

13 at the time that you initiated some of your

14 activities related to sound measurement, is

15 that alley there denoted in that drawing?

16 INVESTIGATOR DANTZLER: It is.

17 MEMBER JONES: Okay. From a frame

18 of reference standpoint, if I am looking at

19 this map, is it towards the top of the box

20 that is noted at 1813? Or is it towards the

21 bottom, where the alley is?

22 INVESTIGATOR DANTZLER: Where I


1 would stand?


3 INVESTIGATOR DANTZLER: It's in

4 the --

5 MEMBER JONES: So the box says,

6 1813 M Street, N.W. You see that box?


8 MEMBER JONES: There's a narrow

9 white path. Is that the alley?


11 MEMBER JONES: Okay. Were you

12 standing directly behind that box, on the

13 short side of it, or the long side of it?

14 INVESTIGATOR DANTZLER: The long

15 side.

16 MEMBER JONES: Okay.

17 INVESTIGATOR DANTZLER: I stood

18 there.

19 MEMBER JONES: So you were to the

20 right of 1813 M Street, in the alley to the

21 right of 1813 M Street initially, correct?



1 When I enter into, I go to the right, yes.

2 MEMBER JONES: Okay. So you're

3 at, If I'm out, if I am on the street, and I'm

4 looking at 1813 M Street, looking at Ozio's,

5 in order for me to get into that alley I would

6 go to the right of the front of the building,

7 and walk down that alley, correct?


9 MEMBER JONES: Okay. You walked

10 down that alley?


12 MEMBER JONES: You did? Okay.

13 And then you made a left, and proceeded down

14 the alley that is between the top set of

15 buildings and the set of buildings where 1813

16 is, correct?


18 MEMBER JONES: Okay. And then you

19 walked all the way down from 1813, all the way

20 down to the end of that alley?


22 MEMBER JONES: Okay. So when you


1 were speaking to, you heard it initially, it

2 being the sound emanating from Ozio's, but

3 then it began to taper off, or became blended

4 in with other sounds? And then eventually

5 tapered off to nothing?


7 MEMBER JONES: Where were you when

8 it tapered off to nothing?

9 INVESTIGATOR DANTZLER: About,

10 probably about 45 feet before I left the

11 alley.

12 MEMBER JONES: Okay. So you were

13 still physically in the alley --


15 MEMBER JONES: -- when it tapered

16 off to nothing?


18 MEMBER JONES: Okay. And just to

19 help me out a little bit more, on this diagram

20 can you denote where the two condominium

21 complexes of note are located, as it relates

22 to this diagram?


1 INVESTIGATOR DANTZLER: Yes. If

2 you look at the word Jefferson, in front of

3 the ER, the word ER right directly in front of

4 that is approximately, that's 1830, which I

5 understood to be the condominium that was in

6 question. And I believed that to be the

7 Palladium, because there was no name on that

8 building.

9 MEMBER JONES: Understood.

10 INVESTIGATOR DANTZLER: And then

11 as far as Jefferson Row, where it has

12 northwest, right by that triangle, a little

13 part of that triangle, and a little part to

14 the left is Jefferson Row.

15 MEMBER JONES: Okay. So roughly

16 where the northwest is, the triangular shape

17 is?


19 MEMBER JONES: Okay. The other

20 condominium or residential location?


22 MEMBER JONES: Yes? Okay. All


1 right. And just to a clarifying question, I

2 think this is where, just to follow-up on

3 Board Member Silverstein's question, 1813

4 there, how tall is that, approximately how

5 many stories?

6 INVESTIGATOR DANTZLER: It's four

7 stories.

8 MEMBER JONES: Four stories?

9 INVESTIGATOR DANTZLER: For

10 laymen, it's four stories. However, the

11 Certificate of Occupancy includes the rooftop

12 garden as part of the third floor. So there's

13 the basement, first, second, third, to include

14 the rooftop garden, according to the

15 Certificate of Occupancy.

16 MEMBER JONES: Okay. Fair enough.

17 The buildings that are immediately to the

18 right, as I look at this Exhibit 2, the

19 buildings that are immediately to the right,

20 that are perpendicular to the direction of

21 1813, how tall are those buildings generally?

22 Are they taller than the Ozio establishment?


1 INVESTIGATOR DANTZLER: They're,

2 some are a little lower. But they're pretty

3 much the same.

4 MEMBER JONES: Pretty much the

5 same height? Okay. A similar question for

6 the row of buildings that are directly behind

7 1813. Are they taller, the same height or

8 lower?

9 INVESTIGATOR DANTZLER: Those vary

10 in height as well.

11 MEMBER JONES: Okay. Do you

12 happen to remember the two buildings that

13 appear to be directly behind 1813? Are they

14 approximately the same height, taller or

15 lower?

16 INVESTIGATOR DANTZLER: As it

17 relates to Ozio?


19 INVESTIGATOR DANTZLER: They're

20 about the same.

21 MEMBER JONES: Okay. So it

22 doesn't appear from your recollection, none of


1 the buildings that are immediately surrounding

2 1813 are taller than the rooftop of 1813? If

3 they are, it's not significant?

4 INVESTIGATOR DANTZLER: Correct?

5 MEMBER JONES: Okay. Thank you.

6 Thank you, Chairman.

7 MEMBER ALBERTI: Thank you. Thank

8 you, Mr. Jones. Okay. Mr. Fonseca?

9 MR. FONSECA: Okay. Thank you.

10 Investigator Dantzler, why don't we pick up

11 with what Member Jones was talking to you

12 about. In looking at your Exhibit 2, let's be

13 clear. Because despite the stipulation, I'm

14 still not sure we're clear on where the

15 Palladium is.

16 Your testimony where Jefferson

17 Place is, the ER in Jefferson, is essentially

18 located, in your opinion, where the 18, was it

19 1830 Jefferson Place, where the Jefferson Row

20 Condominium?


22 MR. FONSECA: That's correct?



2 That's the Palladium, to my understanding,

3 that's the Palladium.

4 MR. FONSECA: This --

5 MEMBER ALBERTI: Okay. Let me

6 interrupt. Just for the record, the parties

7 have stipulated that that's -- I know your

8 perception is that it's the Palladium. But

9 the parties have stipulated that it is the

10 Jefferson Condominium on Jefferson Street.

11 So, just to make it clear in this

12 discussion, and easier for everyone, we'll

13 refer to that place underneath the ER as the

14 Jefferson Condominium. Because that's what

15 the parties have stipulated to.

16 MR. FONSECA: Did you ever go to a

17 location of the, where the other protestants

18 are, where Ms. Peck resides, at 1325 18th

19 Street, to that building?


21 MR. FONSECA: Because that's the

22 actual address of the Palladium. This Exhibit


1 2 purports to be a 400 foot buffer, the ring.

2 And so I don't think the witness knows where

3 the Palladium is. But my visual suggests that

4 the Palladium wouldn't even appear on this

5 exhibit. Because it's beyond the map. It's

6 nearby. But it's beyond.

7 MEMBER ALBERTI: Well, you can

8 enter that in testimony.

9 MR. FONSECA: We'll try to get to

10 that. I just think there was a bit of

11 confusion on that. Let's deal with one other

12 one. And it may just be your terminology.

13 You referenced that there was a group of five

14 from the Palladium, and a separate group of

15 five from Jefferson Row. How did you

16 determine that?

17 INVESTIGATOR DANTZLER: By letter.

18 There was a letter submitted to our office,

19 identifying --

20 MR. FONSECA: Do you have that

21 letter? Is it the protest letter dated

22 November 12th with the ABRA stamp on it?


1 INVESTIGATOR DANTZLER: I believe

2 that's --

3 MEMBER ALBERTI: Again, I'm going

4 to try to speed things along, Mr. Fonseca. I

5 think our records show that there are, this

6 group of five, I'm not sure how large the

7 actual group is. But we have one protesting

8 group.

9 Now, there are members of that

10 group who I believe reside in the Jefferson

11 Condominiums. And there are members of that

12 same group that reside in the Palladium, if

13 I'm correct. Just so, and I don't know where

14 you're going with this. But hopefully that

15 will help clear things up.

16 MR. FONSECA: This is part of the

17 record. So it's not --

18 MEMBER ALBERTI: All right, go

19 ahead. I'm trying to be helpful.

20 MR. FONSECA: I just referenced

21 that she has that. It would reflect that

22 there are only two signatories from the


1 Jefferson Row, which is the 1830 Jefferson

2 Place. And approximately 22 from the

3 Palladium, which is 1335, which together made

4 up the group, a singular group of five.

5 MEMBER ALBERTI: Okay. Well

6 continue then, if that's your point. Go

7 ahead.

8 MR. FONSECA: Looking at your

9 observations, I know you listed all the dates

10 of those observations. Those confirm, were

11 those all days that you went out? Or was it

12 a combination of you and other ABRA

13 investigators?

14 INVESTIGATOR DANTZLER: It's both.

15 The ones that are with bullet points are those

16 times that I actually heard the music.

17 MR. FONSECA: The bullet points

18 being --

19 INVESTIGATOR DANTZLER: On Page 8.

20 MR. FONSECA: -- those four

21 particular dates?



1 MR. FONSECA: All right. And to

2 confirm, in looking at your chart of ten

3 separate visits, it appears that this would be

4 over a period of 23 days. Is that correct?


6 MR. FONSECA: And it was your

7 testimony that over that 23 day period there

8 was never a complaint logged into ABRA, a

9 noise complaint --


11 MR. FONSECA: -- regarding Ozio?


13 MR. FONSECA: And again, from your

14 Exhibit Number 2, excuse me, 4, which is that

15 photograph of the front of Ozio, where were

16 you when you first heard the noise where you

17 could, the music when it was clearly only

18 Ozio?

19 Were you in the alley that's

20 depicted here, which is the one that would

21 take you straight to Jefferson Row, I mean,

22 excuse me, Jefferson Place? Or was it the


1 alley that then meets it, that would then take

2 you towards 19th Street?

3 INVESTIGATOR DANTZLER: This, the

4 alley that would take you to 19th Street.

5 MR. FONSECA: Okay. Did you ever

6 hear any music from the other establishments

7 that back onto that alley, as you started to

8 walk down that alley from M Street?


10 MR. FONSECA: Do you know what

11 other establishments there are that back onto

12 that alley?


14 There's Camelot --

15 MR. FONSECA: I'm talking

16 particularly the one that would back on to the

17 alley you would walk down to from M Street.

18 INVESTIGATOR DANTZLER: Right.

19 MR. FONSECA: Meaning the ones

20 that their addresses are on 18th Street.

21 INVESTIGATOR DANTZLER: The only

22 one I could hear, let me say two. I can hear


1 two, 18th Street Lounge.


3 INVESTIGATOR DANTZLER: And I also

4 heard Heist, which carries in ABRA records an

5 18th Street address. However, it's actually

6 physically located in the 1800 block of

7 Jefferson Place.

8 MR. FONSECA: Okay. So if you

9 were to walk on this alley and go all the way

10 to Jefferson Place, and you turned right, is

11 that where Heist would be?

12 INVESTIGATOR DANTZLER: That's

13 correct.

14 MR. FONSECA: And is theirs a

15 rooftop there also, to your knowledge?

16 INVESTIGATOR DANTZLER: To my

17 knowledge, no.

18 MR. FONSECA: Okay. Is 18th

19 Street Lounge have a rooftop? Or open --


21 MR. FONSECA: -- an open space?

22 INVESTIGATOR DANTZLER: An open


1 area, yes.


3 MR. FONSECA: Again, looking at

4 the, do you recall the height of the building

5 next to Ozio on M Street, that office building

6 there, next to the alley that separates the

7 two buildings that you walk down? That's your

8 zip four.

9 INVESTIGATOR DANTZLER: Repeat

10 that, Mr. Fonseca.

11 MR. FONSECA: Exhibit 4 shows the

12 alley, and it shows a building that I can't

13 tell where the roof line is. There is an

14 appearance that it's taller than Ozio.


16 MR. FONSECA: Did you ever make a

17 guess at, or count the windows going up, as to

18 how tall that building might be?

19 INVESTIGATOR DANTZLER: No. I

20 didn't count the windows. But on the back

21 side of that is where the, what it appeared to

22 me is where the rooftop garden is located. So


1 there's a parcel, a blank parcel in the rear

2 of that. I guess it's for parking. And if I

3 stood there I could hear the music as well.

4 MR. FONSECA: Okay. I don't think

5 I have any further questions.

6 MEMBER ALBERTI: Are you done?

7 MR. FONSECA: Yes.


9 I'm sorry. Go ahead, please.

10 MS. PECK: Hi there. I have a

11 couple of questions for you. First of all,

12 did you ask Ozio for their complaint log when

13 you visited them?


15 MS. PECK: Okay. Your report said

16 that you could hear music that you, was

17 clearly from Ozio on, for these visits. So

18 just to track where the sound was coming from,

19 it was on a roof deck, came down three

20 stories, and then was behind the

21 establishment, correct?



1 MS. PECK: Okay. And you also

2 noted that there was a loud industrial fan.

3 And that was on the back of Ozio, right?


5 MS. PECK: Very loud?


7 MS. PECK: And you also said that

8 there was 18th Street, which has a outdoor

9 space that's much lower. It's about a story

10 up, right? And that was down that part of the

11 alley that goes over to Jefferson Row. So

12 between M Street to Jefferson Row.


14 MS. PECK: So a lot of noise back

15 there, right?

16 INVESTIGATOR DANTZLER: I can

17 three distinct noises, yes.

18 MS. PECK: You could hear Ozio's

19 music over all of that? And despite the fact

20 that it's coming off of a roof and down 30

21 feet into an alley, or 40 feet, how far it is?

22 INVESTIGATOR DANTZLER: Right. I


1 can hear like the bass. Couldn't make our

2 lyrics. But yes, I can hear music.

3 MS. PECK: Right. Okay. Have you

4 had any, now that rooftops are kind of a new

5 thing, has there been any special training for

6 how to monitor the sound that's coming from a

7 rooftop establishment?

8 INVESTIGATOR DANTZLER: Did I

9 receive any special training?

10 MS. PECK: Yes.

11 INVESTIGATOR DANTZLER: Our office

12 has discussed enforcement of it. But I don't

13 know what training you're asking about.

14 MS. PECK: So for example, if

15 you're on the ground, and next to an

16 establishment that has music coming out the

17 front door, like Heist, for example, you'll

18 hear that music right there, because you're

19 right in front of it, right?


21 MS. PECK: But if it's something

22 that's up on a roof deck it might be going to


1 places that you can't hear, because it's going

2 up into the sky and across rooftops, right?


4 MS. PECK: So you don't have any

5 way to measure that.

6 INVESTIGATOR DANTZLER: Other, the

7 same measurement I take when I'm, the same

8 measurement I took directly behind the

9 building is the same listening ear I had when

10 I was away from the building.

11 MS. PECK: Right. But you didn't

12 have like a ladder that could take you up

13 closer? Or didn't go on to a nearby fire

14 escape, or a nearby roof, to see what it might

15 be like if you were on the, you know, line

16 with the --

17 INVESTIGATOR DANTZLER: On the

18 same level?

19 MS. PECK: Yes.


21 MS. PECK: But it would be louder

22 up there? Coming out of the roof deck, do you


1 think it would be louder, closer to it?

2 MR. FONSECA: Objection.

3 MEMBER ALBERTI: Okay, wait.

4 Okay. The objection?

5 MR. FONSECA: Objection. I don't

6 know if she could draw that conclusion. She

7 never was at that height?

8 MEMBER ALBERTI: Ms. Peck, do you

9 want to respond?

10 MS. PECK: My response is, I think

11 we all understand how sound operates. We've

12 had TVs, stereos, things like that in our

13 life. I think we have common understanding

14 of, when you're closer to something it's

15 louder. When you're farther away it's less

16 loud.

17 MEMBER ALBERTI: Okay. Your

18 point's well taken. But the objection, I

19 think, was that it was speculation. And I

20 have to --

21 MS. PECK: My point is actually --

22 MEMBER ALBERTI: I'm going to


1 sustain the objection --

2 MS. PECK: -- to establish she

3 doesn't know.

4 MEMBER ALBERTI: Okay. She

5 doesn't know.

6 MS. PECK: Okay. You don't know

7 whether it was louder if you got closer?

8 INVESTIGATOR DANTZLER: If I got

9 closer to the top of the building?

10 MS. PECK: If you got closer to

11 the source of the sound, it might have been

12 louder. But you don't know? Or you do have

13 an opinion, a professional opinion about that,

14 having come closer to music in your --

15 MR. FONSECA: Objection. I think

16 we've established that she's had no special

17 training. She was using her ear. And she was

18 doing that from the ground level.

19 MEMBER ALBERTI: Yes. Ms. Peck, I

20 think that's been established. And I think

21 you're kind of going to waste your time on

22 that one too.


1 MS. PECK: Okay. Well, that's

2 fine.

3 MEMBER ALBERTI: I suggest that

4 you move on.

5 MS. PECK: That's fine. Okay. If

6 it were during the day, and someone were on

7 the roof having a conversation, and you were

8 on the ground behind the building, there was

9 a fan going, do you think you could hear what

10 they were saying in that conversation?


12 can't.

13 MS. PECK: Okay. No further

14 questions.

15 MEMBER ALBERTI: All right. Thank

16 you. Okay. Any further questions?

17 MR. FONSECA: I have none.

18 MEMBER ALBERTI: Any follow-up

19 questions from the Board?

20 MEMBER SILVERSTEIN: Yes.

21 MEMBER ALBERTI: Mr. Silverstein?

22 MEMBER SILVERSTEIN: Investigator,


1 the protestants are asking, and I would also,

2 I'd like to know, did you ever hear anything,

3 did you ever listen to anything at a level

4 above the street level, being the noise that

5 they're referring to is three stories high?

6 Did you ever hear it from anything higher than

7 street level?


9 didn't. I didn't have a resident to go into,

10 at prompting from a resident to come inside

11 their home to listen for the music.

12 MEMBER SILVERSTEIN: So the

13 protestants, or no one asked you or offered

14 you to come into their home to hear the noise,

15 which if you had heard it would have been in

16 violation of ordinance? No one asked you? Or

17 nobody offered you?

18 INVESTIGATOR DANTZLER: Not during

19 the monitoring. No one asked me to come into

20 their residence. And I think it's important

21 too, Mr. Silverstein, if you look at Exhibit

22 18 of the voluntary agreement.


1 On Page 2, as it talks about, you

2 see Clause Number 5, even if I was able to go

3 inside an resident's home, I think it's,

4 because of the language and the settlement

5 agreement, it doesn't state what an acceptable

6 level is.

7 So even if the parties were to

8 enter in some sort of agreement with the

9 settlement agreement about what the acceptable

10 level is. So if there's a volume of ten

11 spokes, ten spokes could have been the norm.

12 Or should I say, ten spokes could have been

13 approved on both sides.

14 So because there's no number for

15 volume, I don't know what the acceptable level

16 is. I could have heard it in their residence.

17 And that could have been acceptable. But

18 there is no specified number in this

19 agreement.

20 Perhaps, you know, the spirit of

21 this agreement, or the letter of the agreement

22 is upon the Board, I would think, to determine


1 what the acceptance is.

2 (Off the record comments)

3 MEMBER SILVERSTEIN: Okay. And

4 the Palladium is about 700 feet to the

5 northeast of the licensee, on the other side

6 of Connecticut Avenue. Did you ever have any

7 opportunity to go over there? Or did they

8 ever invite you over there to hear what was

9 going on over on the east side of Connecticut

10 Avenue?


12 MEMBER SILVERSTEIN: Okay.

13 INVESTIGATOR DANTZLER: You know,

14 I really dropped the ball on the Palladium.

15 I understood that the Palladium, that was my

16 deduction, was because Jefferson Row

17 Condominiums was labeled, and the other

18 building was not.

19 I would have, I assumed that was

20 the Palladium. And I know that Ms. Peck also

21 stated that the noise could be heard at

22 Massachusetts Avenue, N.W. and N Street, N.W.,


1 which is way on the other side, far west from

2 the establishment itself.

3 MEMBER SILVERSTEIN: Thank you,

4 Ms. Dantzler.

5 MEMBER ALBERTI: Okay. Mr.

6 Brooks?

7 MEMBER BROOKS: Yes, thank you,

8 Chairman. Investigator, have you had any

9 other occasion, other than this protest

10 preparation document that you prepared, to

11 visit Ozio?

12 INVESTIGATOR DANTZLER: Yes, I've

13 been there on a couple of complaints. Not

14 noise related though.

15 MEMBER BROOKS: So they were not

16 noise related complaints?


18 MEMBER BROOKS: Okay. Thank you.

19 MEMBER ALBERTI: Thank you. Okay.

20 I'm going to ask if you have questions, just

21 on the two Board Members questions that were

22 just asked. Mr. Fonseca?


1 MR. FONSECA: Only on those, no.

2 MEMBER ALBERTI: Ms. Peck? All

3 right. Thank you. All right. Investigator

4 Dantzler --

5 INVESTIGATOR DANTZLER: Okay.

6 MEMBER ALBERTI: Thank you for

7 coming.

8 INVESTIGATOR DANTZLER: Thank you.


10 Fonseca, you can call your first witness.

11 MR. FONSECA: Yes. Can you just

12 give me one moment? I call Kevin O'Connor,

13 please.

14 MEMBER ALBERTI: Mr. O'Connor,

15 would you please raise your right hand? Do

16 you solemnly affirm that the testimony you're

17 about to give will be the truth, the whole

18 truth, and nothing but the truth?

19 MR. O'CONNOR: I do affirm.


21 Please be seated. You may proceed.

22 MR. FONSECA: Mr. O'Connor, would


1 you please state your name and your, what your

2 occupation or elected position also is?

3 MR. O'CONNOR: I am Kevin

4 O'Connor. I'm the Commissioner for the

5 Advisory Neighborhood Commission 2B-02. And

6 I'm also the Chairperson of our ABRA policy

7 committee.

8 MR. FONSECA: Give me one moment.

9 Members of the Board, I'm going to use Mr.

10 O'Connor to get in most of our exhibits,

11 without objection. There are, my second

12 witness would be able to establish the

13 foundation for the others. So if I could give

14 staff these exhibits, so the Board will have

15 them?

16 MEMBER ALBERTI: So, my

17 understanding is that you're not going to

18 establish the foundation here for these?

19 MR. FONSECA: No. I will. But if

20 there's an objection -- Because one of them's

21 going to be a sound report.



1 MR. FONSECA: And I think,

2 frankly, there may be an objection as to that.


4 (Pause)

5 MEMBER ALBERTI: Are they labeled,

6 Mr. Fonseca?

7 MR. FONSECA: Yes, they are.

8 MEMBER ALBERTI: Great.


10 MR. FONSECA: I have these for

11 you. You just have to identify them as I

12 begin to ask you. First of all, before we

13 deal with any of the exhibits, did you

14 participate in the negotiation of the

15 voluntary agreement for the original rooftop

16 approval?

17 MR. O'CONNOR: I did. That

18 actually, as the, I was the appointed liaison

19 to ABRA matters in ANC 2B-06. That was prior

20 to me actually being on the Commission. But

21 I was appointed by the Commission to handle

22 liquor matters in ANC 2B-06. That's correct.


1 MR. FONSECA: And subsequently,

2 did you then get elected to the Commission?

3 MR. O'CONNOR: That's true.

4 MR. FONSECA: Okay. Is it correct

5 that this occurred back in the fall of 2010?

6 MR. O'CONNOR: Yes.

7 MR. FONSECA: And do you recall at

8 that time whether or not the applicant

9 undertook a professional sound engineer to do

10 some sound measurements?

11 MR. O'CONNOR: Yes. As part of

12 the negotiation period for the voluntary

13 agreement there was sound testing conducted.

14 MR. FONSECA: I've marked an

15 exhibit that I've indicated as Applicant's

16 Exhibit 1. Did you receive that exhibit from

17 me back on October 27th?

18 MR. O'CONNOR: I did.

19 MR. FONSECA: And at that time,

20 was it by email to you, and also to Ann

21 Kappel?

22 MR. O'CONNOR: That's correct.


1 MR. FONSECA: Jefferson Condos.

2 MR. O'CONNOR: Although the

3 specific date of October I do not, I could not

4 say.

5 MR. FONSECA: Would you identify

6 the cover page, and what the date, and what

7 the label is on that?

8 MR. O'CONNOR: Sure. That would

9 be this document here, October 27th, 2010.

10 MR. FONSECA: Okay. And is it

11 labeled as Ozio, Washington, D.C., measurement

12 and evaluation of sound levels?


14 MR. FONSECA: Okay. Subsequently,

15 was there not a initial voluntary agreement at

16 that time, what the terminology was, entered

17 into? A short time after that sound

18 measurement was taken?

19 MR. O'CONNOR: Yes. We did enter

20 into a voluntary agreement, both the party of

21 five or more and the ANC.

22 MR. FONSECA: And the ANC?



2 MR. FONSECA: And at that time,

3 did that also include a testing period?

4 MR. O'CONNOR: Yes. Approximately

5 six months or so I believe was what was, more

6 or less.

7 MR. FONSECA: Do you recall

8 whether or not it also had some earlier hours

9 on the closing of the rooftop? Not the room,

10 like there's a retractable roof --

11 MR. O'CONNOR: Right.

12 MR. FONSECA: -- that that would

13 be shut?


15 MR. FONSECA: At an hour earlier

16 than the 2:00 a.m. and 3:00 a.m. closing?


18 MR. FONSECA: Now what I marked as

19 Exhibit 3, this was Exhibit 2. I'm going to

20 ask that they all get moved in at the end of

21 this testimony. Now, marked as Exhibit 2 was

22 a first amendment to the voluntary agreement.



2 MR. FONSECA: Do you recall that

3 June 30, 2011 was going to be the termination

4 of the testing period?

5 MR. O'CONNOR: Yes. I believe

6 it's actually a provision in the voluntary

7 agreement, that the ANC would agree to review

8 that June 30th.

9 MR. FONSECA: And then did the

10 parties not agree to extend that testing

11 period through August 31st of 2011?


13 MR. FONSECA: And is that document

14 identified as the first amendment, did it deal

15 with that, along with some other matters?

16 MR. O'CONNOR: Yes, it did.

17 MR. FONSECA: Okay. And lastly,

18 Exhibit 4. Is that now the superseding

19 agreement and Board order that is the current

20 agreement, to your knowledge?

21 MR. O'CONNOR: I do believe this

22 is the current agreement, yes.


1 MR. FONSECA: And that is the

2 Board order dated July 27th, 2011, for Exhibit

3 4?

4 MR. O'CONNOR: Yes, that's

5 correct.

6 MEMBER ALBERTI: That is the

7 fourth exhibit?

8 MR. FONSECA: That was the fourth

9 exhibit.

10 MEMBER ALBERTI: What was the

11 third one again?

12 MR. FONSECA: Third one was a

13 short first amendment to the voluntary

14 agreement.

15 MEMBER ALBERTI: And what was two

16 then? I missed that.

17 MR. FONSECA: Two was the first

18 voluntary agreement.

19 MEMBER ALBERTI: But first, two

20 was the first voluntary agreement. And then

21 three was the amendment? Okay.

22 MR. FONSECA: Sound measures was


1 Number 1.

2 MEMBER ALBERTI: Okay. I got you.

3 Thank you.

4 MR. FONSECA: And to be clear, the

5 Board order on Applicant's Number 2 is dated

6 November 17th, 2010. And then there was a

7 first amendment, and then the final, shall we

8 call it the current superseding, which was the

9 replacement agreement, July 27, 2011.

10 MEMBER ALBERTI: Okay. Could I

11 ask you, on that voluntary agreement, we're

12 now on the final one, which is marked as

13 Number 4. It does recite under, on Page 1, at

14 Item Number 4, reference to the applicant

15 acknowledging familiarity with the D.C. Noise

16 Control Act and D.C. Code, Section 25-725?

17 MR. O'CONNOR: Yes, it does. That

18 is Provision 4.

19 MR. FONSECA: And did it also

20 remove the restrictions on the early closing

21 on the retractable roof?

22 MR. O'CONNOR: It did.


1 MR. FONSECA: And was that agreed

2 to after the testing period?


4 MR. FONSECA: Without objection, I

5 move that these be admitted.


7 no objections? Okay. We'll admit Licensee's

8 Exhibits 1 through 4.

9 MR. FONSECA: Thank you. Since

10 that 2011 agreement, has the ANC had cause to

11 file complaints with ABRA as to enforcement of

12 that agreement?

13 MR. O'CONNOR: No. When the

14 matter came before us in October or November,

15 we chose to take no action.

16 MR. FONSECA: Is that the 2013

17 renewal application?

18 MR. O'CONNOR: That correct.

19 MR. FONSECA: So, as of this point

20 then the ANC has taken a no action policy?


22 MR. FONSECA: I have no further


1 questions.

2 MEMBER ALBERTI: Ms. Peck.

3 MS. PECK: Mr. O'Connor, are you

4 familiar with the Noise Control Act, what it

5 requires?

6 MR. O'CONNOR: I am familiar with

7 it.

8 MS. PECK: Okay. And could you

9 tell us what the legal requirement is under

10 the law?

11 MR. O'CONNOR: I believe -- Are

12 you talking about proximity or decibel level?

13 I know that it's a 60 decibel limit, placed on

14 noise after the hours of 10:00 p.m. to 7:00

15 a.m.

16 MS. PECK: And what is the

17 distance from the establishment? Do you know

18 that?

19 MR. O'CONNOR: Not off the top of

20 my head, no.

21 MS. PECK: Okay.

22 MR. O'CONNOR: I believe it's


1 several feet.

2 MS. PECK: Yes, it's three feet.

3 MR. O'CONNOR: It's three feet,

4 yes. I knew it was a small amount. Thank

5 you.

6 MS. PECK: So you helped negotiate

7 the settlement agreement? You made sure, you

8 were a part of the negotiating team that put

9 that provision in the settlement agreement?

10 MR. O'CONNOR: That's correct. It

11 was myself and the group of five or more from

12 Jefferson Row.

13 MS. PECK: Do you think it's

14 unreasonable for residents to expect Ozio to

15 comply with that term of the settlement

16 agreement?

17 MR. O'CONNOR: No.

18 MS. PECK: If Ozio's noise exceeds

19 60 decibels within three feet, would you take

20 the view that the settlement agreement was

21 being violated?

22 MR. O'CONNOR: I mean, the


1 Provision 4, under the voluntary agreement

2 states that they understand the D.C. Noise

3 Control Act. So --

4 MS. PECK: And will comply with

5 it?

6 MR. O'CONNOR: And will comply

7 with it.

8 MS. PECK: So if you're not

9 complying with the law, would that be a

10 violation of the settlement agreement, in your

11 view?

12 MR. O'CONNOR: Yes, I suppose.

13 MS. PECK: And if, and there's

14 another provision in here that says -- Excuse

15 me. My version is marked up. Let me check

16 with that. Is there a provision in here that

17 talks about, what provision is it that talks

18 about residents being able to hear the system

19 in their home?

20 MR. O'CONNOR: There is, there are

21 two provisions. I believe in Section 5 it

22 talks about the applicant will take steps to


1 mitigate noise that makes residents

2 uncomfortable in their residence.

3 And I think the great part about

4 this particular settlement agreement is, there

5 is a mechanism in place to record complaints

6 filed with the establishment, so that we can

7 help monitor that, and be able to easily

8 mitigate any concerns that arise that way.

9 MS. PECK: And is it your

10 understanding that if the residents are

11 disturbed by the current noise levels, then

12 Ozio is supposed to take steps to bring down

13 the noise levels until they're no longer

14 disturbed? Is that what your understanding of

15 how this works?

16 MR. O'CONNOR: Yes. My

17 understanding, and I believe what we

18 established through the sound testing was that

19 there were appropriate, they sort of gauged

20 where residents were made uncomfortable by the

21 stereo system. And were able to report to

22 Ozio, and had a direct line to them to be able


1 to file any complaints. So that they could

2 mitigate the problem.

3 MS. PECK: Today we will have

4 testimony from one of the residents of

5 Jefferson Row, who will say that there has

6 been ongoing discomfort and distress caused by

7 the noise levels. If that is true, would you

8 consider that a violation or a, yes, a

9 violation of this provision of the settlement

10 agreement?

11 MR. O'CONNOR: I don't know if I

12 could speculate without knowing more about the

13 particular complaint in mind. I know that at

14 the time of renewal in October or November, it

15 was not brought to our attention that this

16 was, that the noise at this establishment was

17 particularly troublesome.

18 MS. PECK: As an ANC Commissioner,

19 do you support the enforcement of the Noise

20 Control Act?

21 MR. O'CONNOR: I do.

22 MS. PECK: No further questions.



2 MR. FONSECA: One question on

3 recross.

4 MEMBER ALBERTI: You'll have a

5 chance. We have Board questions first.

6 Members of the Board, any questions?

7 MEMBER JONES: Yes, I guess so.

8 MEMBER ALBERTI: Mr. Jones?

9 MEMBER JONES: Thank you, Mr.

10 Chairman. Just really quickly, so if I

11 understand correctly the, as you understood

12 the SA, an appropriate level was set based on

13 the noise measurement tests that were

14 performed?

15 And the residents and the

16 establishment came to an understanding of what

17 reasonable was? And that's what the right

18 definition of reasonable is, as per the SA?

19 Is that how it's supposed to be interpreted?

20 MR. O'CONNOR: That's my

21 understanding.

22 MEMBER JONES: That's your


1 understanding?



4 MR. O'CONNOR: And I believe

5 that's demonstrated in the sound report that

6 was conducted on October 27th, 2010.

7 MEMBER JONES: Okay. Was it

8 anticipated at that time, was that time

9 roughly around October 27th of 2010, based on

10 the date of this report that I have in my

11 hand?

12 MR. O'CONNOR: I believe that's

13 accurate.

14 MEMBER JONES: Okay. Was it

15 speculated at that time that residents of

16 these particular condominium establishments

17 may change, that is, individual people who

18 lived there at 2010 may not be the same people

19 who live there in 2012, 2014?

20 MR. O'CONNOR: Certainly.


22 MR. O'CONNOR: And I will say that


1 we, during this protestant group, we only

2 dealt with the Jefferson Row Condominium

3 during this initial round. So the Palladium

4 was not involved in that.

5 MEMBER JONES: Okay. So the

6 definition of what's appropriate was limited

7 to what the individuals of the Jefferson

8 Condominium established what was acceptable at

9 that point, at that discreet point in time in

10 2010, correct?

11 MR. O'CONNOR: Yes, sir.

12 MEMBER JONES: Okay. Was there

13 any, was it anticipated that there would be

14 any opportunity to revisit that as the members

15 of that condominium potentially changed? So

16 what's acceptable for one individual may not

17 be acceptable for the next individual?

18 So that definition of right seems

19 to be fluid, based on time and person. Was

20 that anticipated? And if so, what measures

21 were anticipated to address that change?

22 MR. O'CONNOR: I believe the only


1 specific provision that we agreed to revisit

2 with regards to noise was how the rooftop was

3 operating.

4 We agreed to have an interim

5 period where we could adjust the settlement

6 agreement with the applicant, about how the

7 roof operated, when it was covered to various

8 degrees. And we agreed to revisit that, as I

9 mentioned earlier.

10 MEMBER JONES: Right.

11 MR. O'CONNOR: About six months.

12 But in terms of that, no, we did not

13 anticipate that in our settlement agreement.

14 MEMBER JONES: Okay. So it was

15 your understanding that that defined

16 definition of reasonable was to go on through

17 perpetuity?



20 Thank you, Mr. Chairman.

21 MEMBER ALBERTI: Commissioner

22 O'Connor, I'm not sure if you're the right


1 person to ask these questions. But, I mean,

2 early on, when the first settlement agreement

3 was signed, there was agreements about when to

4 close the retractable roof.


6 MEMBER ALBERTI: Those agreements

7 have gone by the wayside, correct?

8 MR. O'CONNOR: Yes. To sort of

9 summarize what happened, because it was a new

10 addition in that area, and there was so much

11 concern around it, we agreed to limited use to

12 sort of gauge the sound coming from it, to see

13 what least upset neighbors.

14 And then once we established a

15 comfortable level, we agreed to remove the

16 provisions restricting the roof deck in the

17 updated settlement agreement.

18 MEMBER ALBERTI: Okay. So help me

19 understand. When you were trying to figure

20 out what was comfortable for the residents at

21 that time, I mean, how did you do that? By

22 closing the roof, or by changing the volume?


1 I mean --

2 MR. O'CONNOR: Actually, yes.

3 MEMBER ALBERTI: Where did you end

4 up?

5 MR. O'CONNOR: There were --

6 MEMBER ALBERTI: What was the

7 final, what did the final solution entail?

8 MR. O'CONNOR: So, it did involve

9 a lot of, I believe Ms. Kappel, when she

10 testifies later will be able to discuss this

11 in greater depth. Because she was one of the

12 people who assisted with this.

13 But it did involve a lot of

14 raising volume, lowering volume, calling

15 across to the club to sort of establish

16 acceptable levels of noise coming from the

17 business.

18 MEMBER ALBERTI: But in the end,

19 it seems to me from what I'm seeing here. In

20 the end, the solution that was arrived at was,

21 oh, we don't need to close the roof. We can

22 mitigate this, the sound issues, based on the


1 measurements and agreements we have here.

2 MR. O'CONNOR: That's right.

3 MEMBER ALBERTI: But to that level

4 we can do that by adjusting the sound.

5 MR. O'CONNOR: Right.

6 MEMBER ALBERTI: Is that correct?

7 MR. O'CONNOR: And we were

8 satisfied with the fact that the club had been

9 responsive when complaints were filed with it.

10 When residents from Jefferson Row would call

11 the club, they would generally be very

12 responsive about adjusting that level.

13 MEMBER ALBERTI: So how involved

14 were you with the testing?

15 MR. O'CONNOR: I was not very

16 involved with the testing. And actually, the

17 applicant and group of five or more were the

18 ones who really worked it out. Because the

19 group of five or more obviously have

20 residences that were abutting the club.

21 But as my role as the ANC, I fully

22 supported the residents, and wanted to ensure


1 that we had an agreement that was up to their

2 standards.

3 MEMBER ALBERTI: Okay. So just

4 to, just so I know I'm not missing something

5 here from you, is that you really can't speak

6 to how effective opening and closing the roof

7 was --

8 MR. O'CONNOR: No, I can't.

9 MEMBER ALBERTI: -- in terms of

10 mitigating sound?

11 MR. O'CONNOR: I can only speak to

12 the fact that we were comfortable enough with

13 it to remove that from the settlement

14 agreement eventually.


16 Any other Board Members? Okay. Mr. Fonseca

17 --

18 MR. FONSECA: Yes. Mr. O'Connor -

19 -

20 MEMBER ALBERTI: -- redirect.

21 MR. FONSECA: You, when pressed by

22 Ms. Peck as to whether you would deem a


1 violation, in excess of 60 to be a violation,

2 I'm not sure you were clear as to how did you

3 determine that violation.

4 Is it fair to say that the

5 regulatory agency responsible for taking those

6 readings and reporting them is the approach

7 that would deem it to be a violation?


9 MR. FONSECA: Would any citizen

10 that runs around with a purported application

11 that has a noise reading app to it, would that

12 be satisfactory for purposes of making

13 allegations of violations?

14 MR. O'CONNOR: It wouldn't satisfy

15 me. But it's not, I'm not in a position to

16 determine what satisfies that.

17 MR. FONSECA: Thank you.

18 MEMBER ALBERTI: Okay. Ms. Peck.

19 MS. PECK: I just have one

20 question. You were saying today a level was

21 set, based on people determining that it

22 didn't disturb them in their homes. What was


1 that decibel level? Do you know?

2 MR. O'CONNOR: I would have to

3 check the sound report to make sure. I know,

4 I don't know off the top of my head.

5 MS. PECK: The sound report says

6 that they were using 90 decibels for the sound

7 test. But I don't know where they ended up.

8 Is that where they ended up?

9 MR. O'CONNOR: I honestly do not

10 remember off the top of my head. I apologize.

11 I do know that we did reach a level when we

12 were negotiating it that left people satisfied

13 with it. Whether or not that was at a

14 particular level, higher or lower, I can't

15 testify to that.

16 MS. PECK: I have no further

17 questions.

18 MEMBER ALBERTI: Thanks. Thank

19 you, Commissioner.

20 MR. O'CONNOR: Thank you.

21 MEMBER ALBERTI: You may be

22 excused.


1 MR. FONSECA: I'm going to call

2 Gerald Henning to the stand, please.

3 MEMBER ALBERTI: Mr. Henning,

4 would you please raise your right hand? Do

5 you solemnly affirm that the testimony you're



8 MR. HENNING: I do.


10 Please be seated.

11 MR. FONSECA: Mr. Henning, would

12 you please give us your full name and your

13 occupation?

14 MR. HENNING: Gerald Henning,

15 acoustical engineer.

16 MR. FONSECA: Can you tell us how

17 long you've been engaged in the field of

18 acoustical engineer?

19 MR. HENNING: Over 30 years.

20 MR. FONSECA: And do you recall,

21 we have Applicant's Exhibit Number 1. Do you

22 have a copy of the October 27, 2010 sound


1 measurements that you took for it?

2 MR. HENNING: Yes.

3 MR. FONSECA: Yes, that would be

4 there. You don't need my copy?

5 MR. HENNING: Right.

6 MR. FONSECA: Okay. And would you

7 take us back in time to when you were engaged

8 to perform this, these sound measurements, and

9 how you went through that process?

10 MR. HENNING: We set the system

11 sound level in the lounge at a level which I

12 measured at 92 dBa. And then --

13 MR. FONSECA: Say that again? Was

14 it 92?

15 MR. HENNING: Yes. It was about

16 92 dBa. And it was measured based on having

17 like a five minute loop of music that was just

18 played over and over again. And we took like

19 a four minute average of that music, walking

20 around the space, you know, no closer than

21 five feet from the loudspeaker. So that's how

22 we measured it in the lounge. And then we


1 went to the Jefferson Row Condominium.

2 MR. FONSECA: Could I just stop

3 you there? Is that typical of how you would

4 do noise reading measurements when you're

5 dealing with music?

6 MR. HENNING: When you're dealing

7 with a source that is varying, then that's a

8 good way to do it --


10 MR. HENNING: -- is to do an

11 average level of that nature.

12 MR. FONSECA: Okay. Continue, if

13 you would.

14 MR. HENNING: So after

15 establishing what the level was in the lounge,

16 we then went over to the condominium units,

17 and we measured inside. We measured both with

18 the music playing, and the rooftop closed.

19 We measured it with the music

20 playing and the rooftop half open. And then

21 we measured with the music playing and the

22 rooftop, you know, fully retractable to the


1 extent that it could be.

2 MR. FONSECA: Before you did that,

3 did you take any baseline readings?

4 MR. HENNING: Well, we did take

5 baseline readings too, without the music

6 playing. And we took those at the lame

7 locations we took the measurements of the

8 music.

9 MR. FONSECA: Can you identify

10 where the locations were when you were taking

11 these measurements? This would be at the

12 Jefferson Row Condominiums, correct?

13 MR. HENNING: Yes. Units 13 and

14 20. And also, Unit 20 had an outdoor terrace.

15 And we also measured on that. So we measured

16 inside two units, and then outside on the

17 terrace.

18 MR. FONSECA: Did you take any

19 other affirmative actions to reduce any kind

20 of outside, you know, noises, mechanicals,

21 anything like that, while you were taking your

22 tests?


1 MR. HENNING: No. I mean, noises,

2 you know, it's an environment with varying

3 noises. Of course, there's street noise,

4 traffic noise, you know, other. There's

5 mechanical equipment that some of it stays,

6 some of it comes on and off.

7 So, you know, the idea was to

8 measure the music levels, you know, where we

9 didn't have anything unusual happening in

10 terms of the background noise level. And then

11 try to measure the background noise level in

12 a similar type condition.

13 So things, you know, if there was

14 some unusual thing that happened where, you

15 know, if a truck or something, you know, was

16 honking its horn, or something like that, we

17 didn't use that in this. It was, you know,

18 trying to get sort of a typical, kind or

19 relatively quiet background level.

20 And then trying to measure the

21 music when we were in that kind of condition.

22 And inside we took the further step of turning


1 off the HVAC system, heating, ventilation, air

2 conditioning equipment that served the units,

3 so that we can get, so that wasn't part of the

4 background level that we measured.

5 So the only thing really was

6 whatever else was around in that area,

7 transmitted through the windows, and so forth.

8 That represented the background level, but did

9 not include the equipment of the, you know,

10 heating/cooling equipment of the individual

11 units.

12 MR. FONSECA: And your results?

13 Well, at that same time were there any other

14 establishments that had music being played?

15 MR. HENNING: Yes. I don't know

16 if I can remember the names precisely. But,

17 you know, there were other. Well, I don't

18 know. I'm not sure about that now, at this

19 point.

20 I recall when we did the

21 measurements that we were able to determine

22 that it was, you know, the Ozio sound level.


1 But I can't say for sure whether there was any

2 other establishments.

3 MR. FONSECA: Do you know what

4 their baseline numbers were, before you, when

5 you were at -- Were those recorded in the

6 report?

7 MR. HENNING: The baseline

8 numbers?

9 MR. FONSECA: Yes, the baseline

10 numbers. Before you then recorded inside and

11 outside?

12 MR. HENNING: Yes. There's a

13 table at the end of the report that documents

14 the levels, like I say with the three

15 conditions, the roof open, half open, and

16 closed with the music playing. And then the

17 background ambient noise level at those

18 locations, without the music.


20 MR. HENNING: And so, you know,

21 what we found was that at that level of around

22 90, 92 dBa, the levels at these locations


1 were, the music levels were dominated by the

2 background ambient noise. Or the ambient

3 noise interfered to an extent that we couldn't

4 really determine what the music levels were.

5 In any case, it represented a

6 condition where the music was just kind of

7 part of the background. And that's what can

8 be seen from the table of values, you know.

9 We show the values that were measured both

10 with and without the music.

11 And, you know, in conformance with

12 the way the D.C. Noise Code is, if there's not

13 a difference between, of at least four

14 decibels between the background noise level

15 and the level of the source, then you can't

16 really determine the level of the source,

17 because, you know, it's so close to the

18 background level.

19 MEMBER SILVERSTEIN: Could you say

20 that again, sir?

21 MR. HENNING: Yes. If the

22 difference between the background level and


1 the level you measure with the source is less

2 than four decibels, then there's no way to

3 really extract and determine in a fairly

4 accurate way what the source noise level is.

5 Because the two are adding together.

6 And just for, you know, to give

7 you the concept, if you have two sources that

8 are the same level and same type of noise,

9 they will add together to increase the level

10 three decibels. So for instance, if you have,

11 you know, one source that's 60, and you turn

12 on another source exactly the same source at

13 60, so you have two of them operating, that

14 noise will add together to give you 63.

15 So it just means that, you know,

16 when you don't, when the level between the

17 background and the source is less than four,

18 then you're getting so close to together, it's

19 hard to, you know, extract the source level

20 out from the combined level.

21 MR. FONSECA: Thank you. Is it

22 fair to say then, if the source levels were


1 already above 60 decibels -- Not the source,

2 I'm sorry, the background level was already

3 above 60 decibels, would you have to then

4 exceed four decibels from the source to have

5 an arguable Noise Control Act violation?

6 MR. HENNING: Correct.

7 MR. FONSECA: So an example would

8 be, if the background level is at 68, you'd

9 have to hit 72 and above with your source

10 being identified as what's increasing the

11 combined sound?

12 MR. HENNING: Right. It's four, I

13 think it's four or above four. But it's right

14 there.

15 MR. FONSECA: Thank you on that.

16 Can you describe what instrument, what

17 measurement instrument you used?

18 MR. HENNING: It was a Rion

19 precision sound level meter, integrating sound

20 level meter. It's the highest field precision

21 type instrument, which is a Type 1. I believe

22 the Code allows less accurate instruments of


1 Type 2.

2 And so, it's an instrument where

3 you can take an average over time. And it

4 will do that for you. It's not something that

5 you have to just, you know, look at a display,

6 or a needle, or something like that. You can,

7 you know, take basically an average level over

8 a time period.

9 MR. FONSECA: And is that how you

10 did all of your measurements that resulted in

11 this October 27, 2010 report?

12 MR. HENNING: Yes. And then, you

13 know, we compared them to the Noise Code,

14 which is 60 decibels, not less than one meter.

15 You know, you can be further away than a

16 meter. But the Code says not less than a

17 meter.

18 MR. FONSECA: Do you recall at

19 that time the reason why we were doing the

20 measurements not at one meter from the

21 building, but over at the residence?

22 MR. HENNING: Well, I mean, that's


1 the logical location to take readings, is

2 where somebody could be disturbed by the

3 sound.

4 MR. FONSECA: Right.

5 MR. HENNING: So, I mean, nobody's

6 going to be disturbed in a back alley. But

7 they will in their units. They will on their

8 terrace. And so that seemed to be the

9 appropriate location to take the measurements

10 and, you know, evaluate them.

11 MR. FONSECA: Thank you. Do you

12 recall when this, you established as your base

13 for the source at 92, whether that was

14 exceedingly loud just in general for you?

15 MR. HENNING: Well, you know, to

16 put it in perspective it's, you know, if the

17 OSHA Code for maximum sound level during an

18 eight hour day is 90. So 92 is a little above

19 that or, you know, right around there. So

20 it's a pretty, you know, it's a pretty decent

21 level compared to that.

22 Keeping in mind that conversation


1 level is generally about 60, you know, raised

2 voiced, you know, may be up around 70, 75.

3 Three feet away from a person speaking and,

4 you know, a shout three feet away is about 90.

5 So 90 is, you know, a pretty loud level.

6 MR. FONSECA: Are you familiar

7 with what the District of Columbia's sound

8 meters, what type they have, compared to what

9 you were using?

10 MR. HENNING: Well, I had

11 information of what type was used by someone

12 who I just borrowed the meter to take some

13 readings. Yes. And it's a Type 2 meter.

14 Again, what we used was Type 1, which is, you

15 know, higher precision.

16 But, I mean, Code allows Type 2.

17 And I don't know whether or not it had any

18 kind of data logging, or ability to average.

19 I think that meter has the optional capability

20 of data logging. But I don't know if the

21 specific ones that the D.C. Government has

22 have that capability.


1 MR. FONSECA: Can you describe,

2 you said that you had, you did it on a slow

3 version so that it waited. Could you explain

4 that, just to be clear?

5 MR. HENNING: Well --

6 MR. FONSECA: How you took the

7 measurements?

8 MR. HENNING: When you're taking

9 an average reading, you know, it basically

10 integrates the sound over a time period. And

11 there's different kinds of response times one

12 can set on a meter.

13 If you're going to do just sort of

14 a individual type level where you can monitor

15 it instantaneously, then the code tells you

16 you should use a slow response. And that

17 allows the needle, or the display to not

18 fluctuate as much.

19 It allows, you know, actually a

20 better reading of the meter. And doesn't

21 overinflate the sound levels that you would

22 measure, relative to the Code. Averaging, it


1 doesn't really matter. And if you're taking

2 individual readings then the response should

3 have, in terms of the D.C. Noise Code, it's

4 the slow response.

5 MR. FONSECA: And what would a

6 fast response do?

7 MR. HENNING: Well, it just

8 responds more quickly to sound. So if there's

9 say a higher level, you know, momentary higher

10 level, it would read a higher level on the

11 meter, than if you had a slow response.

12 MR. FONSECA: Okay. So, could a

13 meter, you know, spike to 101 and then drop

14 back down to 85?

15 MR. HENNING: Yes, I mean,

16 depending on what the sound level was doing.

17 You know, that's the difference in the

18 response times. The response time on the fast

19 type setting is like one eighth of a second.

20 Whereas, the response time of the slow setting

21 is one second.

22 So you can see that if something


1 is responding eight times more quickly, you

2 can get a higher level when you've just got a

3 momentary, you know, peak in the level.

4 MR. FONSECA: Okay. Did you have

5 occasion to return and do some measurements as

6 a result of this protest hearing?

7 MR. HENNING: Yes.

8 MR. FONSECA: And when did you

9 take those readings, and where?

10 MR. HENNING: It was last Friday.

11 And basically I took them near the Ozio

12 establishment. Similar, at least some cases

13 to what was taken by a Mr. Nelson.

14 And they were taken in the back of

15 the establishment on the, sort of the west

16 side of the building and parking, that whole

17 parking area there. And about, you know,

18 three to four feet away from the building we

19 measured. And then out in front of the

20 establishment, about three to four feet in

21 front of the establishment.

22 We also measured inside to


1 document what the level was that we were, was

2 playing inside when we were measuring outside

3 these locations.

4 MR. FONSECA: And did, what did

5 you establish as a baseline for outside

6 ambience?

7 MR. HENNING: Well again, it's

8 varying. And so again --

9 MR. FONSECA: What time of day was

10 this when this was occurring?

11 MR. HENNING: This was in the

12 afternoon, you know, basically from about, you

13 know, 2:00 p.m. to 5:30 p.m.

14 MR. FONSECA: Well, what was your

15 baseline findings, even if they were in a

16 span?

17 MR. HENNING: Yes. Well, in front

18 of the establishment, where there's a lot of

19 traffic and so forth, we're measuring probably

20 about 68 dBa, something like that, you know,

21 66, in that range, on an average basis.

22 And in the back, in the alley on


1 the west side of the building it tended to be

2 around 60, you know. Sometimes it was over

3 60. But, and then near the end of the survey

4 it actually got a little quieter. So it was

5 a little bit under 60. But it was around that

6 level.

7 MR. FONSECA: And how did you

8 establish the source level? And was that

9 again with a loop?

10 MR. HENNING: Yes. We did a

11 similar thing, looped five minutes, sample the

12 music, measured inside, as I described before.

13 Just, you know, trying to get a general level

14 in the room, you know, probably five or ten

15 feet away from the speakers, walking around

16 the floor.

17 And then measured, you know,

18 averages. And then sometimes just sort of

19 instantaneous slow weighted sound levels

20 outside the building.

21 MR. FONSECA: And what was the

22 source level then of the music?


1 MR. HENNING: Well, at about 88 we

2 took a set of readings outside the

3 establishment. That was a reading, a level

4 that was kind of set as, I guess a fairly loud

5 level for what they, how they play the music

6 in the lounge. And so we just established

7 what that level was after the establishment

8 adjusted that level.

9 MR. FONSECA: Just to be clear,

10 because when you say lounge I want to make

11 sure we identify it. Was this on the third

12 floor rooftop area?

13 MR. HENNING: The rooftop lounge,

14 yes?


16 MR. HENNING: And then, you know,

17 once we had measured that level, then we went

18 out and measured outside of the building.

19 MR. FONSECA: And was it in both

20 locations, front and on the, in the rear west

21 side?

22 MR. HENNING: Yes.


1 MR. FONSECA: And do you have the

2 results from that?

3 MR. HENNING: With the roof closed

4 we measured about 68 outside the front, and

5 about 64 in the back rear of the building.

6 This is with the roof closed.

7 MR. FONSECA: Sixty-eight on the

8 front, and then 64 on the rear?

9 MR. HENNING: Right. But the

10 noise level in the front we couldn't even hear

11 the music. And it was basically turned by the

12 traffic noise.

13 MR. FONSECA: I see. So the 68

14 was because of just the ambient sound?


16 MR. FONSECA: So you consider that

17 a wash then?

18 MR. HENNING: Yes. I mean, it was

19 pretty much, even with the music running,

20 operating, we're still just measuring the

21 background level and, you know, traffic and

22 stuff. In the back of the establishment, the


1 back west side, there was noticeable

2 background level.

3 But you can hear the music above

4 the background, because in one, to some extent

5 because the character of the sound is

6 different. You know, it has a different kind

7 of frequency character.

8 And you can distinguish sounds of

9 different character, even though they may, the

10 level be about the same or, you know, one may

11 be below the other one. You can still

12 distinguish between the sound levels by the

13 character.

14 MR. FONSECA: I understand. Okay.

15 And that's with the roof closed. What about

16 with the roof open?

17 MR. HENNING: With the roof

18 opened, in the back part it was about 70 dBa,

19 the back west side of the building, in that

20 parking area.

21 MR. FONSECA: Any difference on

22 the front?


1 MR. HENNING: I don't think we

2 even measured there. In fact, on the back it

3 was, you know, just more of an instantaneous

4 level like, you know, looking at the meter and

5 saying, oh, well, it looks like it's about 70.

6 MR. FONSECA: So is it fair to say

7 then that when they have the roof open that a

8 level for them to note is to keep it below 88

9 on the source level? And with the roof closed

10 not maxed past 88?

11 MR. HENNING: Right, with the roof

12 closed.

13 MR. FONSECA: Right. And is that

14 your recommendation to the establishment?

15 MR. HENNING: Well, if you want to

16 try to meet, you know, about 60 outside the

17 establishment, again, the D.C. Noise Code is

18 not less than a meter. So you can be further

19 away. So it depends on how you interpret, you

20 know, where you want to measure. Because

21 again, the alley is not a sensitive location.

22 MR. FONSECA: Tell me, when you


1 were taking the test, the testing, and the

2 roof was open, were you communicating with

3 them to get them to a point where they would

4 lower the volume, so they would come below

5 that 70 and bring it back into line with the

6 Noise Control Act?

7 MR. HENNING: Correct. Yes,

8 that's basically what we did after we did the

9 measurements for the roof closed. You know,

10 we opened it up and then, you know, we started

11 at 88, and then turned the level down, so they

12 would know what level to adjust.

13 So that they wouldn't exceed 60,

14 you know, at that distance of about, you know,

15 three or four feet away from the building face

16 and that parking area on the west side of the

17 building.

18 MR. FONSECA: Thank you. No

19 further questions.

20 MEMBER ALBERTI: Ms. Peck.

21 MS. PECK: Just to finish that

22 thought, and what was that level that they


1 want to play it with the roof open, and not

2 exceed 60 decibels out there? What is the

3 level that you recommended?

4 MR. HENNING: Well, I didn't

5 actually bring back up the measure in the

6 lounge. I measured outside. And then when

7 they got it down to a point where it was at

8 the limit, I told them, okay, that's as loud

9 as you can have it and be at a 60 limit in

10 that location.

11 MS. PECK: With the roof shut?

12 MR. HENNING: With the roof open.

13 MS. PECK: Okay. So what I

14 understood you to say is, at 88 decibels,

15 which is four decibels lower than the sound

16 test you did in 2010, they were still

17 registering 70 decibels in that alcove.

18 MR. HENNING: No.

19 MS. PECK: Okay.

20 MR. HENNING: With the roof closed

21 --

22 MS. PECK: With the roof open.


1 Sorry.

2 MR. HENNING: Oh, okay.

3 MS. PECK: With the roof open.

4 MR. HENNING: Oh, with the roof

5 open, yes.

6 MS. PECK: Okay. Which is how

7 they like to operate in nice weather, right?

8 I'm assuming that that's correct. So my

9 question for you is, at 88 decibels with the

10 roof open, they were measuring 70 decibels in

11 the alcove behind the building? That's ten

12 decibels over the ambient sound level that you

13 took.

14 And given the statement of law you

15 made earlier, that anything over four decibels

16 is a violation of the law, operating at 88

17 with the roof open, using your measurements,

18 would be a violation of the law.

19 MR. HENNING: All depends on the

20 distance.

21 MS. PECK: At that spot, that's

22 the closest you could get. You didn't bring


1 your ladder or your helicopter. Then that's

2 the best you could do. You're saying right

3 there on that spot there was a ten decibel

4 spread. And that would be a violation of the

5 noise ordinance.

6 MR. HENNING: No. I didn't say

7 that. Because it depends on where you

8 measure. The ordinance says --

9 MS. PECK: Did you measure three

10 feet away, sir? Did you measure three feet

11 away from the roof?

12 MR. HENNING: I measured three or

13 four feet away from --

14 MS. PECK: From the roof?

15 MR. HENNING: No. From the wall.

16 MS. PECK: Okay. So the closest

17 you could get was on the ground?

18 MR. HENNING: But the Code says,

19 not less than a meter.

20 MS. PECK: Okay. So we're talking

21 about a pretty good place, right there in the

22 alley. All I'm saying is, there was a ten


1 decibel spread between the ambient level you

2 took right there, and what the sound level was

3 when it was played at 88 decibels. It was 70

4 down there.


6 MS. PECK: And if it were 92,

7 based on your professional experience, how

8 much higher would it be?

9 MR. HENNING: Four higher.

10 MS. PECK: Four higher. Okay. So

11 it would be 74?


13 MS. PECK: At 92?


15 MS. PECK: And do you know if they

16 have anything in place that prevents them from

17 playing louder than 92?

18 MR. HENNING: I don't know.

19 MS. PECK: Did you look at their

20 equipment?

21 MR. HENNING: Not in detail.

22 MS. PECK: But you would know if


1 you saw a regulator that prevented them from

2 turning it up higher?

3 MR. HENNING: Well, even that,

4 it's not going to really say much, because

5 they can adjust it.

6 MS. PECK: That's right. But they

7 didn't have one of those on there?

8 MR. HENNING: I don't know. I

9 didn't inspect it.

10 MS. PECK: Okay. You said earlier

11 that, well your report made a conclusion. You

12 correctly stated the law. You said that the

13 music levels should not exceed 60 decibels

14 within three feet of the establishment, one

15 meter, which is essentially --

16 MR. HENNING: No, that's not what

17 it says.

18 MS. PECK: Well --

19 MR. HENNING: This is not less

20 than one meter. It's not within one meter,

21 it's not at one meter. Because it says not

22 less than.


1 MS. PECK: Okay. So in other

2 words, they don't want you to smash your face

3 up against the building. But they also don't

4 want you to be 160 feet away to determine

5 whether you're hitting 60 decibels.

6 MR. HENNING: Well, you may want

7 to be at the location where somebody would

8 complain about it, instead of in the back

9 alley --

10 MS. PECK: Okay.

11 MR. HENNING: -- where nobody's

12 going to complain.

13 MS. PECK: Okay. Well, the

14 express letter of the law, you would agree,

15 does say not less than one meter outside?


17 MS. PECK: Okay. When you take

18 the sound measurements, do you want to tell us

19 how far away you think the --

20 MEMBER ALBERTI: Wait, Ms. Peck,

21 Ms. Peck --

22 MS. PECK: I'm just, I'm trying to


1 -- We don't have a distance.

2 MEMBER ALBERTI: Just continue.

3 You'll have to --

4 MS. PECK: I'm going to, I'll just

5 say --

6 MEMBER ALBERTI: You'll have to

7 come up with your own measurement.

8 MS. PECK: I will tell you, it's

9 about a half block away. It's about 160 feet.

10 Is that roughly in the range that you think

11 you were operating? I mean, on the roof of

12 the Jefferson Row Condominiums?

13 MR. HENNING: Yes. That's

14 somewhere in there. I don't know exactly.

15 But yes.

16 MS. PECK: Okay. So on your

17 report, rather than taking the measurement

18 near the establishment, you took it at the

19 residence. And you made a conclusion that,

20 under your evaluations, you say that those

21 music levels there slightly exceeded 60

22 decibels when the roof was open.


1 Therefore, the measurements

2 indicate that the average Ozio music levels do

3 not exceed the maximum permissible level of 60

4 decibels under the D.C. Code. That was in

5 your report, on Page 3 at the bottom.

6 MR. HENNING: I said, although

7 some maximum levels may have slightly

8 exceeded.

9 MS. PECK: Okay.

10 MR. HENNING: So the problem was,

11 the music was not loud enough to get above the

12 ambient to really make an accurate

13 determination.

14 MS. PECK: But if you had taken it

15 as the statute says, three feet away --

16 MR. HENNING: It doesn't say that.

17 MS. PECK: -- you wouldn't -- Well

18 --

19 MR. HENNING: It says, not less

20 than one meter.

21 MS. PECK: Okay. Well, I'll take

22 your testimony on that. And I, of course,


1 disagree.

2 MR. HENNING: Okay.

3 MS. PECK: The statute is trying

4 to enforce the requirement for businesses to

5 keep their sound inside. But my question for

6 you is, at that distance, if Ozio had been

7 playing at 88 or a lower level, could you have

8 heard it at the location on Jefferson Row

9 terrace?


11 MS. PECK: You don't know?


13 MS. PECK: If it was to say it was

14 88 decibels, we're talking 160 feet away, and

15 you are a sound engineer with 30 years

16 experience, you can't come up with some sort

17 of expert estimate on what you expect to hear

18 160 feet away?

19 MR. HENNING: Well, I mean, for

20 one thing, it depends on what the ambient is

21 at that time. The higher --

22 MS. PECK: Well let's just take,


1 stipulate that for the purposes of this

2 hypothetical it would be 64 decibels.

3 MR. FONSECA: Objection. Now

4 we're mixing apples and oranges. That's at

5 ground level, not at the fifth or sixth floor.

6 MS. PECK: Well he says on his

7 chart on Page 4, he gives the background

8 ambient sound level of that terrace a 62. So

9 what do you say?

10 MEMBER ALBERTI: Wait, wait, wait,

11 let's pause. Do you want to respond again?

12 MR. FONSECA: Yes. I just, your

13 attempting to fit -- You've got your own

14 witnesses. You're attempting to fit his

15 testimony into a different format from when he

16 was taking measurements at another time, at

17 another location --

18 MEMBER ALBERTI: Mr. Fonseca, I'm

19 going to have to disagree. I'm going to

20 overrule. I think it's very clear she's

21 referring the ambient noise levels back in

22 2010 that are on this chart here. And using


1 those as to hypothetical. Am I right, Ms.

2 Peck?

3 MS. PECK: Right.

4 MEMBER ALBERTI: Well, that's our

5 basis here.


7 MEMBER ALBERTI: So, with that,

8 please proceed.

9 MS. PECK: Thank you. What I'm

10 trying to establish here is, here you're

11 talking about using 62 as the ambient setting.

12 And you're saying that you could hear somewhat

13 the music on the terrace. And you also report

14 that you could somewhat hear it inside the

15 apartments at 92 decibels.


17 MS. PECK: If the decibel levels

18 were turned down to, let's say 88, which is

19 the measurement you just took, do you think

20 you could hear them at that location with

21 those ambient levels?



1 mean, outside, I mean, it's certainly

2 possible. And certainly, I'm not saying it's

3 feasible. But whether it actually could or

4 not, it's a little hard to say.

5 MS. PECK: But based on this

6 report, you recommended that the levels that

7 you were testing comply with the statute, is

8 that correct? Is that what the meaning of

9 this report was?

10 MR. HENNING: Well, I mean, I

11 think it had more meaning than that. Because

12 we were measuring inside the units. So, I

13 mean, if you were just looking at the statute,

14 you would just be measuring outside.

15 But we looked at both locations,

16 because there was a concern about, you know,

17 people being disturbed by the sound. So it

18 was more encompassing than just that. But

19 outside, on the terrace, you know, that's

20 where you can directly compare, you know,

21 voice levels to that noise code, assuming you

22 could measure them accurately.


1 MS. PECK: Okay. I have no



4 Peck. Questions from the Board Members? I

5 guess I will, I've got a few. Okay, Mr.

6 Henning, did you do the sound measurements in

7 2010?

8 MR. HENNING: Yes.

9 MEMBER ALBERTI: Okay. So we

10 heard reference to Apartment Unit 13, and Unit

11 20. I have no idea where they are in this

12 building. Do you remember where they are in

13 this building? If you don't, that's all

14 right, maybe someone else can tell me.

15 MR. HENNING: The unit with the

16 terrace, which I think was 20, was on the, I

17 guess it would be the north side, northeast

18 corner of Jefferson Row Condominiums. And

19 then the other unit, Unit 13, was on the side

20 of the building which was adjacent to the

21 alley, that runs in back of the Ozio

22 establishment.


1 MEMBER ALBERTI: Okay. So let me

2 understand this. Unit 13 would have been on

3 the alley. So the alley you're talking about

4 is the alley that goes east west?

5 MR. HENNING: Yes.

6 MEMBER ALBERTI: All right. So 13

7 would have been facing that alley? Unit 13

8 was facing that alley? And Unit 20 would have

9 faced Jefferson Street, Jefferson?

10 MR. HENNING: Twenty, I think

11 would have occupied that whole east side of

12 the condominium. Because I remember measuring

13 in the unit.


15 MR. HENNING: But if it, the

16 terrace was on I think the northeast corner of

17 that.

18 MEMBER ALBERTI: So did the

19 terrace have an unobstructed view of Ozio,

20 sort of?

21 MEMBER ALBERTI: In locations,

22 yes.


1 MEMBER ALBERTI: Okay. All right.

2 So, this is sort of -- If you can't answer

3 this tell me. I mean, was there buildings

4 that, were there buildings surrounding it that

5 would have buffered the sound coming to that

6 unit? Or was it pretty much you had a -- I

7 don't know how you would say it, sort of

8 direct shot at it?

9 MR. HENNING: Right. For the

10 terrace I believe it was a direct shot. To

11 the units, you know, where I measured inside,

12 I'm not sure about that.



15 know there was, when I reported in my report,

16 there was some pile of lumber on one building

17 that was sticking up, blocking some view of

18 the Ozio establishment.

19 MEMBER ALBERTI: Very good. Thank

20 you. That gives me some idea. Again, can you

21 tell me, when you did these measurements, I

22 guess last Friday was it? Is that correct?



2 MEMBER ALBERTI: Can you again

3 tell me what the ambient levels were in the

4 various places, various locations?

5 MR. HENNING: Out in front it was

6 you know, around 68. But of course, that's

7 going to vary quite a bit with the traffic,

8 and so forth. And again, I try to get

9 something that's kind of typical, and not, you

10 know, something real loud wherever I measure.

11 MEMBER ALBERTI: Right.

12 MR. HENNING: And in the back it

13 was around 60. Sometimes a little above,

14 sometimes below, on the average.


16 Okay, this shows my ignorance about sound

17 measurements. Table 2, how is that

18 constructed? I mean, you've got different

19 frequencies and different sound levels here.

20 How is this constructed?

21 MR. HENNING: Okay. There's

22 basically two kinds of measurements that you


1 see in the table. One is the A-weighted --

2 MEMBER ALBERTI: One is the what?

3 MR. HENNING: -- for dBa.


5 MR. HENNING: And that is

6 relatable to the dBa A-weighted sound level in

7 the D.C. Code.


9 MR. HENNING: The second set of

10 numbers is, the instrument that I measured

11 with breaks up the sound into frequency bands.

12 And to the frequency bands you can obtain a

13 level.

14 So, for instance, at 32 that

15 represents the center frequency of the octave

16 band 32 Hz. And then like 63, that's the

17 center frequency of the next octave band. And

18 then so forth. So what you have is basically

19 a spectrum of the noise.

20 And from this you can see what the

21 lows were relative to the high frequencies,

22 you know. And people talk about, you know,


1 bass sounds and high frequency sounds.


3 MR. HENNING: So, bass sounds are

4 more in the range of 32 to 125 Hz. And then,

5 you know, as you get 1,000 Hz it's kind of

6 like in the middle of our hearing range. It's

7 the tone that you hear from emergency vehicles

8 most of the time. That's about 1,000 Hz. And

9 then as you get up in frequency then the

10 tones, the pitch gets higher.

11 MEMBER ALBERTI: Okay. But does

12 your instrument do this for you?


14 MEMBER ALBERTI: Okay. So that

15 instrument we talked about earlier will give

16 you those types of readings?


18 MEMBER ALBERTI: Okay. Great. I

19 have no further questions. Any other Board

20 Members? Mr. Jones?


22 Chair. Let's see. So, just to make sure I'm


1 on the same page, the report that you prepared

2 October 27th of 2010, the objective of that?

3 If you could just, I know it's

4 written to some degree in the report. But

5 what was the objective of the report when you

6 were contracted to perform this activity?

7 MR. HENNING: Basically to follow

8 this test procedure and document what we

9 measured.

10 MEMBER JONES: Okay. Were you

11 given a test procedure? Or did you generate

12 that?

13 MR. HENNING: I generated based on

14 the purpose of trying to compare measurements

15 to the background levels, and to the D.C.

16 Code.

17 MEMBER JONES: Who gave you the

18 requirements that you were testing to, that

19 fostered the generation of the test procedure?

20 They were given to you by whom?

21 MR. HENNING: Well, there wasn't

22 any kind of precise direction in terms of,


1 okay, well, you know, we want to set it at

2 this level. It was, okay, this is what we

3 think is a reasonable level. And then we

4 measured it and reported the results.

5 MEMBER JONES: Let me, I guess I'm

6 probably not asking a good question. So, you

7 were contracted to perform and activity?


9 MEMBER JONES: Was there, were you

10 given requirements as to how to perform that

11 activity? Or were you given an objective as

12 to what the intended purpose or outcome of the

13 report was, or supposed to be?

14 MR. HENNING: Well, the purpose

15 was to evaluate the levels that were being

16 generated at the Jefferson Row Apartment, to

17 evaluate them. So, you know, we have to start

18 with a level that's generated in the lounge.


20 MR. HENNING: And I don't know

21 actually how it ended up being that level. It

22 may have been, okay, well this is what we like


1 to play it at. And let's see what it is at

2 the residence. I mean, it could have been

3 just something like that.

4 MEMBER JONES: Okay. So was one

5 of the objectives, as you recall, to make a

6 determination as to whether or not the

7 preferred level, as established or set by the

8 establishment, was within compliance with what

9 your understanding of Code was?

10 MR. HENNING: Yes. I'm not sure

11 if that's exactly. I'm not sure if it was the

12 preferred level. But it was a level that was

13 set. And we evaluated that level.

14 MEMBER JONES: Okay. Because

15 there's a lot of language or detail in your

16 report about what D.C. Code was, and/or is.

17 And you drew conclusions based on your

18 comparative measure against Code.


20 MEMBER JONES: Right? It wasn't

21 necessarily based on what was the comfort

22 level of an individual? It was strictly based


1 on Code, and the perceptibility of the human

2 ear, as to what could or couldn't be heard

3 from the distinction of ambient sound?

4 MR. HENNING: No.


6 MR. HENNING: It went beyond that.

7 Because we measured the levels inside the

8 units. So it kind of really doesn't apply to

9 levels inside the units. It's an outside

10 measurement. So there isn't anything you can

11 measure in the units and say, okay, well, this

12 meets or exceeds Code.

13 So what we did was, we measured

14 the level of the music, and compared it to the

15 background level. And that's a reasonable way

16 to evaluate noise, no matter if there's a Code

17 or not a Code.


19 So, to your knowledge, there's no governing

20 rule or regulation within the District of

21 Columbia that speaks to what should the level

22 be per inside of a residence?



2 MEMBER JONES: Okay. The

3 measurements that you took in your report

4 dated the 27th of 2010 there's the Table 1.

5 And in Table 1 you have a background ambient,

6 and I'm specifically focused on Unit 20, the

7 outdoor terrace.


9 MEMBER JONES: So I'm looking at

10 this table. Is it fair to say that the, in

11 order for me to understand or discern that

12 there was a perceptible issue that could be

13 identified to be associated with Ozio, that

14 the dB level, delta, needed to be 4 dB or

15 more, dBa, excuse me?

16 MR. HENNING: Correct. In order

17 to be able to extract the music level from the

18 background level.

19 MEMBER JONES: In order to extract

20 the music level from the background level?


22 MEMBER JONES: And if I can't


1 extract the music level from the background

2 level then is it possible for me to identify

3 source of that sound, if I can't discern it

4 from the background level?

5 MR. HENNING: Well, you can

6 discern it because of the frequency character.

7 And you may or may not be able to determine

8 exactly where it's coming from.

9 From my experience there's a lot

10 of times where people say that, you know,

11 sound is coming from one club, and under

12 investigation it's not coming from that club.

13 So once it gets into the city and bounces

14 around the buildings, and everything --


16 MR. HENNING: -- it's pretty hard

17 to figure out where it's coming from. But if

18 you're, you know, have a direct line of site,

19 then a lot of times it's easier.


21 MR. HENNING: But the further you

22 get into the background level the more


1 difficult it is.

2 MEMBER JONES: The further you get

3 into the background level the more difficult

4 it is?

5 MR. HENNING: Yes.

6 MEMBER JONES: So what does that 4

7 dB really mean from a quality of life

8 standpoint, as you would interpret it? So, it

9 sounds like you're not saying I cannot, as if

10 I'm that individual in that same Unit 20.

11 It sounds like you're not telling

12 me that it's not that I wouldn't be able to

13 notice that it was music, or sounds that are

14 different from the ambient background noise.

15 It's just that it wouldn't be disturbing or

16 disruptive to me? I'm trying to understand

17 what that 4 dB really means.

18 MR. HENNING: Well, the 4 dB is

19 really, defines the method by which you can

20 determine the sound level of a source, and the

21 presence of a background noise. It's not

22 really beyond that.



2 MR. HENNING: Okay? In terms of,

3 you know offering a qualitative aspect to it.

4 MEMBER JONES: Fair enough.

5 MR. HENNING: I mean, you can

6 extrapolate from that.


8 MR. HENNING: And make some

9 judgments about that. But it's not there in

10 terms of any kind of qualitative way that

11 you're --

12 MEMBER JONES: Got it. So it

13 needs to be 4 dB or more for me to identify

14 that it exists beyond or outside of the

15 background, the ambient background?

16 MR. HENNING: It needs to be that

17 level before we can extract the background

18 from the combined level, to be able to say

19 what the source level is.


21 MR. HENNING: For example, you

22 know, if the background is 60, and then when


1 the music is on and I measure 63, then that

2 means that the music is actually the same

3 level as the background. Because in my

4 previous example, where I went through --


6 MR. HENNING: -- 60, and the other

7 60 gives you 63.



10 MEMBER JONES: Okay. So, fair

11 enough. So, I'm looking at the table that you

12 have here. Is it fair to assume that all of

13 these measures were taken with the slow versus

14 fast response?

15 MR. HENNING: The table --

16 MEMBER JONES: Table 1, sorry.

17 MR. HENNING: Yes. These measures

18 were actually taken with fast. But it doesn't

19 matter when you're doing an average. You can

20 do, you know, with an average if you have it

21 fast or slow, it doesn't matter --

22 MEMBER JONES: Got it.


1 MR. HENNING: -- in terms of the

2 average level. It's just when you're looking

3 at maximums or, you know, sort of an

4 instantaneous idea of what sound level it is.

5 MEMBER JONES: Understood. So in

6 Table 1 these were taken with fast. But it

7 was taken with, as an average weighted. Do

8 you have any, did you have an opportunity to

9 collect any information regarding that wasn't

10 average? That is, where you had the peaks?

11 MR. HENNING: Well I did take, I

12 did have some along with the average level,

13 some maximum levels at the different bands,

14 with fast.

15 MEMBER JONES: Is this in Table 2?

16 MR. HENNING: No. It's not in the

17 --

18 MEMBER JONES: Okay. So it's not

19 in this report?

20 MR. HENNING: No.


22 MR. HENNING: Because it's hard to


1 identify what those maximums would be

2 generated by. Because, you know, you go

3 through this measurement interval. And then

4 at the end, you know, it has these maximums.

5 But it's not like you can

6 correlate the maximum of that sound with, of

7 that measurement with some sound that you've

8 heard. You just don't know what it is. So,

9 they're not too meaningful from standpoint,

10 especially when you're measuring levels that

11 are close to the background level.

12 MEMBER JONES: So how are you able

13 to correlate the average sounds as being let's

14 say from Ozio, if you are not able to

15 correlate the maximum sounds as being from

16 Ozio? I'm kind of --

17 MR. HENNING: Well, you can

18 understand things generally. I mean, you

19 know, in a lot of ways, you know, our ears

20 have, is capturing more information than this

21 sort of dumb meter. But the meter is

22 objective. And that's the good part of the


1 meter.

2 But, I mean, you can hear with

3 your ears. You can hear frequency content.

4 You can hear directionality. The meter isn't

5 really taking in all that into account. It's

6 just taking, you know, the pressure level at

7 that microphone and letting us know what that

8 level is.

9 MEMBER JONES: Right. If you're

10 getting a peak or a maximum that's measured by

11 that device --


13 MEMBER JONES: -- you are also

14 measuring the average with that same device --


16 MEMBER JONES: -- which is

17 objective, right?


19 MEMBER JONES: You're applying

20 your general sense as, that is, you as a human

21 hearing it, to apply meaning to what those

22 measurements are, whether it's the average or


1 the peak.

2 I'm trying to, it sounded like you

3 were saying there was a difference, that you

4 couldn't discern what your peaks were. But

5 you could what your averages were based on

6 your general sense. And it seems to me that

7 the general sense would apply to both. And if

8 not, why not?

9 MR. HENNING: Well, I mean, it's

10 just, it's harder, you know, to determine the

11 maximum, because you've got all these other

12 things going on. But when you've taken the

13 average over a time period, then you have two

14 numbers, okay.

15 And you can say, okay, this number

16 represents the background, this represents the

17 source. So, you know, you can compare them in

18 a more objective way, as opposed to looking

19 back at the interval and not knowing exactly

20 where this maximum occurred.

21 With the average you don't care.

22 You're just doing the whole interval. But


1 with a maximum, at the end of the measurement

2 you have a table of values. But you don't

3 know when that maximum occurred.

4 So you can't say, oh, I heard it

5 coming from Ozio at that time, and now this is

6 the level. You can't do that. Because you

7 don't know in that table at the end what time

8 that measurement occurred.

9 So you may hear, say, after one

10 minute of measuring you may hear a peak from

11 Ozio. And you could write that down on a

12 paper. And then maybe another minute you'd

13 hear, you know, a big truck go by. And that

14 would be a peak. And maybe there would be a

15 higher peak. And you could write that down.

16 But, you know, when you get back,

17 when you're just doing the measurement, and at

18 the end you see these peaks, well, I mean, a

19 peak, you know, based on the different

20 frequencies. You got different frequency

21 peaks, as well as A weighted peaks.

22 But, you know, unless you


1 correlate the maximum with a time of something

2 happening, it's hard to correlate it with the

3 source. Because the sources are varying. If

4 the source was steady then that would be an

5 easier thing to do.

6 But with the source varying over,

7 and you're doing an average over four minutes,

8 it's hard to know where. Unless you're trying

9 to look at the meter and figure all this out

10 ahead of time, it's hard to know where that

11 maximum occurred, and what created it.

12 MEMBER JONES: Understood. So you

13 can't actually identify the source, but you

14 can identify that a peak occurred? Right?

15 You can identify that this was 102 decibels,

16 or it was 60 or 70 decibels that I heard. I

17 just can't tell you I know it came from Ozio

18 or from a loud truck passing in the street at

19 that point in time?

20 MR. HENNING: Yes. For the

21 measurement period. So what we have --

22 MEMBER JONES: For the measurement


1 period right.

2 MR. HENNING: Right, yes.

3 MEMBER JONES: So the time T-0 or

4 the time T-X --

5 MR. HENNING: Right. We have --

6 MEMBER JONES: -- whatever that is

7 --

8 MR. HENNING: We have a maximum.

9 MEMBER JONES: When you have a

10 maximum, or you have -- Yes. You have values

11 or peaks that are above the average. And one

12 of those would be a maximum.

13 MR. HENNING: We have the A-

14 weighted and we have the octave band levels.


16 MR. HENNING: Like in this table

17 with the music sound levels.

18 MEMBER JONES: Correct.

19 MR. HENNING: Okay. And so at the

20 end of that four minute period inside the

21 units, we have a maximum.



1 MR. HENNING: We have a maximum

2 dBa, just like we have an average dBa.


4 MR. HENNING: But we just don't

5 know what created that.

6 MEMBER JONES: Understood. So, in

7 these measurements that I'm looking at from

8 this report in Table 1, is it conceivable or

9 possible that for the Unit 20 outdoor terrace

10 roof open scenario, that there were peaks that

11 were higher than the 64 dBa?



14 remember how many intervals or how many trials

15 you did to get to the 64? Was it just one

16 trial? Or did you do several trials?

17 MR. HENNING: Trials meaning

18 average level measurements?

19 MEMBER JONES: How many, so you

20 had time intervals from time T-0 to time T-X.


22 MEMBER JONES: You did that once.


1 That's one interval. Did you do multiples of

2 those, or did you do one?


4 would have to look.


6 And is it also possible that ambient noise

7 varies over time throughout the course of a

8 day, depending on what the activities are

9 going on throughout the course of a day?

10 So, for example, if there's rush

11 hour traffic in the middle of the day you have

12 ambient noise that may be higher than it is at

13 2 or 3 o'clock at night?


15 MEMBER JONES: Okay. In the

16 instances where you're measuring ambient noise

17 at a certain time of day, does that have any,

18 does that factor into what the impact of that

19 delta would be, assuming a different time of

20 day?

21 So, for example, if I established

22 a baseline at the loudest ambient point of


1 time in a day, would that potentially

2 contribute to there being a larger delta if

3 that source sound is set, based on that

4 loudest ambient time? And then I get later in

5 the day where the ambient noise is less.

6 Is it potentially a chance that my

7 delta could be greater than what it was that

8 I read at the loudest point of my ambient

9 background noise?

10 MR. HENNING: Yes. I mean, if the

11 background level decreases then you could have

12 a higher difference between --

13 MEMBER JONES: Delta, right.

14 Okay.

15 MR. HENNING: -- the background

16 and the source level, right.

17 MEMBER JONES: Okay. So if I set

18 it based on an ambient noise at time x, but I

19 have a lower ambient background noise at some

20 later time in the day, like 2 or 3 o'clock in

21 the morning, then it's conceivable that my

22 delta could have been greater than what I


1 thought it was going to be when I set it

2 during the original test set that I performed?

3 So, in other words, I have in this table, I

4 have background ambient noise set at 62.


6 MEMBER JONES: And the time period

7 of the test went from roughly 8:00 p.m. to

8 12:00 a.m. Yes?

9 MR. HENNING: The measurements

10 that we took then?

11 MEMBER JONES: Yes. It looks like

12 from the report it says 8:00 p.m. to 12:30

13 a.m.

14 MR. HENNING: To 12:30 a.m.

15 MEMBER JONES: Okay. And that

16 12:30 a.m. is pretty late. But conceivably is

17 that, is it conceivable or possible that the

18 ambient noise could have decreased even

19 further from the 12:30 a.m. period to 2 or 3

20 o'clock?

21 MR. HENNING: Sure.



1 MR. HENNING: It's just --

2 MEMBER JONES: And if that did

3 occur, then this background ambient number

4 that is measured at 62 would have actually,

5 could have actually been lower than that 62,

6 could have been 61, 60. And if that occurred,

7 then the delta could have actually been in the

8 range of four or more, assuming that my

9 background ambient went down.

10 MR. HENNING: Well, but you're not

11 taking into account that the measurements that

12 are recorded are a combination of background

13 and music. So if your background goes down,

14 the combined levels go down also.

15 MEMBER JONES: Correct. So if my

16 background goes down, but my music source does

17 not, it's not going to be a one for one drop.

18 So if my ambient goes down from 62 to 61, but

19 my source stays up, that number that I'm

20 measuring, which is the combined, isn't going

21 to be a one for one delta, because my ambient

22 noise went down.


1 That 64 is not going to go from 64

2 to 63 because my ambient went down from 62 to

3 61, because my source, my noise source hasn't

4 changed. Is that a fair statement?

5 MR. HENNING: Well, it's more

6 complicated than a one to one. Because --


8 MR. HENNING: But in general, if

9 your background goes level, if the source were

10 set and we got these measurements at 12:00

11 a.m. let's say, and then at 3 o'clock you came

12 back and you measure it, and the background

13 was lower, they still had the music set the

14 same, the combined level would be lower too.

15 But exactly what it would be I'd have to

16 calculate it.

17 MEMBER JONES: You'd have to

18 calculate that, right. Okay. Fair enough.

19 Also, I noticed that in Table 2, which you

20 described for Board Member Alberti, you have

21 frequency ranges that are noted here.

22 And in those that the frequency


1 30, basically the bass level frequencies

2 obviously appear to be a little bit higher in

3 my decibels, than my other frequencies are

4 concerned.

5 The number from Table 1 for the

6 open, for Unit 20 outdoor terrace, under roof

7 open, is that a combined, if you will, for all

8 frequency ranges, the 64 that came in there?

9 MR. HENNING: That's the A-

10 weighted level.

11 MEMBER JONES: Understood. So is

12 that everything?

13 MR. HENNING: So, yes. But the A-

14 weighting rolls off the low frequencies the

15 way our ears do. And that's why it's in the

16 noise ordinance, is that we don't hear all

17 frequencies of sound equally. We don't hear

18 the low frequencies as well as, you know, the

19 mid frequency sounds in our hearing range.

20 So the A-weighting is a filter

21 network that rolls off the lows, the way our

22 ears do. So, these octave band levels that


1 are shown in Table 2 are not A-weighted.

2 There's no A-weighting. Those are just the

3 octave band levels.

4 MEMBER JONES: Those are raw

5 readings, raw values?

6 MR. HENNING: Yes. These are the

7 readings without them being adjusted by the A-

8 weighting. What we're showing is the A-

9 weighted level, and then the unweighted octave

10 band levels, which is a standard way of

11 recording this data. So, you know, what if,

12 in a sense, if you were to take these octave

13 band levels --


15 MR. HENNING: -- and take the A-

16 weighting, and subtract, you know, that

17 weighting from these levels, then the

18 resulting levels, octave band levels, would be

19 substantially lower at the low frequencies --


21 MR. HENNING: -- as shown here.

22 MEMBER JONES: So, let me ask this


1 question. If I performed the measurement that

2 you have in Table 2, would it be possible to

3 perform that same measurement from the same

4 location where you performed the A-weighted

5 measurement in Table 1, inside of Unit 20?

6 MR. HENNING: I'm sorry. Would

7 you say that again?

8 MEMBER JONES: The measurements

9 that you took, the mechanism that you used to

10 collect the data to compile and fill in Table

11 2, would I be able to perform that same

12 exercise inside of Unit 20, where you

13 performed the A-weighted measurements?

14 MR. HENNING: Yes. In fact, I

15 have that data.

16 MEMBER JONES: You have that data

17 in this report?

18 MR. HENNING: No.

19 MEMBER JONES: Oh, okay. That

20 data that you have, that's not in this report,

21 does it show that the lower frequencies were

22 heard at a higher level than the higher


1 frequencies?

2 MR. HENNING: Well, heard were the

3 lower --

4 MEMBER JONES: Well were the

5 decibels -- Sorry. The decibel levels

6 associated with the lower frequencies, were

7 they discerned to be higher or lower than the

8 lower frequencies?

9 MR. HENNING: Were they higher or

10 lower? I'd have to look at the data.

11 MEMBER JONES: You'd have to look.

12 Okay.

13 MR. HENNING: But most of the time

14 the background noise level has higher low

15 frequency sounds, you know, like --


17 MR. HENNING: -- you know, because

18 you've got traffic noise, which is a lot of

19 low frequencies. And that's getting in

20 through other kinds of sounds. Mechanical

21 equipment have a lot of low frequencies. So,

22 you know, background level tends to be higher


1 in the low frequency octave bands than in the

2 higher bands.

3 MEMBER JONES: Okay. So, I guess

4 at a high level, what factors would increase

5 the delta in your, between your ambient

6 background noise and your source level?

7 So, assuming that you have control

8 over the source, what things could be done to

9 create a larger delta, besides the obvious of

10 turning up the volume, between your ambient

11 noise and your source? Is there anything?

12 MR. HENNING: Well, I mean, you

13 can create, you can increase the ambient. In

14 fact, that's done in open office areas for

15 privacy between work stations, you know, where

16 you have cubicles next to each other.

17 One of the things that's a part of

18 a good open office design is to have masking

19 noise. And there's actually speakers up in

20 the plenum to generate kind of a broad band,

21 kind of a shhh type sound. And that doesn't

22 reduce any kind of transmission between


1 cubicles. But it covers it up, makes it less

2 disturbing.

3 MEMBER JONES: Does it raise the

4 noise floor, essentially?

5 MR. HENNING: Yes.

6 MEMBER JONES: Okay. So in the

7 process of doing that, that's one thing that

8 could be done to help bring down what you see

9 at the delta, between the source and the noise

10 floor? I'm looking at it more from the other

11 direction.

12 So is there anything, for example,

13 is the type of music being played, could that

14 have a impact on the perception, or how it's

15 received or measured, whatever is appropriate,

16 from the time that you have your background

17 ambient as established, and what you're

18 hearing, or what you're reading?

19 If I change the nature of the type

20 of music that is being played, does that have

21 an impact? Could that be one mechanism by

22 which I can increase the delta between my


1 ambient and my source, or what's perceived?

2 I'm sorry.

3 MR. HENNING: Sure. I mean, if

4 you change the frequency character of the

5 source --


7 MR. HENNING: -- that could have a

8 bearing.

9 MEMBER JONES: Okay. And which,

10 change the frequency character. If I wanted

11 to increase the delta would I change, add more

12 bass, or add more high in?

13 MR. HENNING: Well you'd have to

14 turn, it would have to come down lower.

15 MEMBER JONES: Lower, right?

16 Okay, cool. So if I had more of a bass feel,

17 then that would create more of a delta

18 potentially?

19 MR. HENNING: Well, the A-

20 weighting takes into account all those

21 frequencies. So, I mean, if your background

22 level is set, then the only way to get a low,


1 you're after a lower difference between --

2 MEMBER JONES: Well, just a

3 difference, whether it's higher or lower. I'm

4 trying to figure out which frequency

5 contributes more to it being delta.

6 MR. HENNING: That you have to

7 look at in terms of how the A-weighted levels

8 determine. In other words, I could do an

9 analysis of the noise.


11 MR. HENNING: And I could say,

12 okay, the low frequencies are determining this

13 A-weighted level.

14 MEMBER JONES: Got it.

15 MR. HENNING: Or they would be the

16 mid frequency level. I'd have to look and

17 analyze the data for that.


19 How do we hear as humans? Do we hear as A-

20 weighting measures?

21 MR. HENNING: Yes, similarly.

22 MEMBER JONES: Okay. Got it.


1 MR. HENNING: Yes.

2 MEMBER JONES: Fair enough. But,

3 I guess, back to my original question. One of

4 the things that could contribute to an

5 increased delta would be changing of the type

6 of music being played. Even if it's at the

7 same source level.

8 If it was fixed at 92 or 88,

9 wherever it was. If you change the nature of

10 that, then potentially you could increase the

11 delta between your ambient noise and what is

12 measured at the A-weighting level?



15 Anything else that you can think of from that

16 standpoint? Given that vein of question that

17 I'm asking? I'm not nearly as smart as you

18 are. So I'm just trying to understand if

19 there are other factors that can be

20 contributed to, that the owner or the

21 controller of the source could do to either

22 increase or decrease.


1 So you mentioned increase the

2 noise level, that's one. Other thing, to

3 change the nature of the music being played,

4 that's two. Anything else?

5 MR. HENNING: Well, again, the

6 delta, when you're thinking of the background

7 noise level, if you increase the background

8 noise level, not in terms of the

9 establishment, but at the receiving location.

10 MEMBER JONES: Right. Okay. Fair

11 enough. Okay. All right. The test that you

12 did on this past Friday, do you have any idea

13 -- And you may have answered this. So I

14 apologize. But do you have what the

15 measurement --

16 Well, let me back up. When you

17 went in on Friday, did you take a measurement

18 inside or on the middle of the floor? The

19 same reference points that you used in Table

20 2? Did you take a decibel reading level?

21 So, on Table 2 there's a

22 annotation here for, in the table, noted as


1 measured location, middle of floor. Was that

2 the same place where you took the measurements

3 you took on Friday?

4 MR. HENNING: Yes. They were

5 pretty much the same way.

6 MEMBER JONES: Pretty much the

7 same way, okay. And the measurement that you

8 took on Friday, I think you noted it came in

9 at roughly 88 dBa?


11 MEMBER JONES: So the 88 dBa, when

12 you measured the 88 dBa, or when you measured

13 that value, in comparison to the measured

14 value in 2010, it looks like there were 4 dBa

15 delta, or difference between the 92 dBa value

16 and the 88 dBa value. Is that correct? Am I

17 reading that correctly?


19 MEMBER JONES: Okay. Was it your

20 understanding that the 92 at the time that you

21 did the report in 2010 was a, which goes back

22 to my original question of what the objective


1 was. But, so I'm going to say, was that a

2 good value? But I guess good is relative,

3 based on what your objective was in putting

4 together a report.

5 What did you understand to be that

6 92 value? Was that something that you were

7 thinking, okay, yes, I expect the operator,

8 I'm giving the operator something to go by,

9 whereby they would not be in violation of D.C.

10 Code? Or was that value just, hey, this is

11 what we found. Here's a report. Do with it

12 as you see fit.

13 MR. HENNING: Well, I think it

14 was, you know, the lounge turned it at a level

15 that they thought was appropriate, in terms of

16 how they do their business, and so forth.


18 MR. HENNING: And then it was a

19 matter of evaluating that at the Jefferson.

20 MEMBER JONES: Okay. So you

21 evaluated it. And did it, was the outcome of

22 your evaluation that 92 dBa was okay?


1 MR. HENNING: At the Jefferson,

2 yes.

3 MEMBER JONES: Yes. At the

4 Jefferson. I apologize. Okay. And what I'm

5 not following is, if 92 was an acceptable

6 level in 2010, what could have changed between

7 2010 and now, whereby 92 has now dropped down

8 to 88?

9 And then 88 is actually a little

10 bit too high, based on some of the readings

11 that appear to be what I remember from you

12 said. But maybe I'm not hearing it correctly.

13 It seems like there was a change from the 2010

14 92 level, at least to the 2014 88 level, where

15 88 was now being measured as a little bit,

16 potentially outside of the acceptable range.

17 But am I hearing you incorrectly when I say

18 that?

19 MR. HENNING: Well, you have to

20 understand there's two different locations --


22 MR. HENNING: -- for these things.


1 So the 92 was measured at the Jefferson. The

2 88 was, you know, some levels associated with

3 that were measured three or four feet away

4 from the Ozio building.

5 MEMBER JONES: I'm sorry. So

6 maybe I don't understand the point of

7 reference. So middle of the floor, I'm

8 thinking you're standing in the middle of the

9 floor with the music playing, and you're

10 measuring 92 dBa, right at that point in time.

11 MR. HENNING: Well, I'm doing, I'm

12 walking around the stage. So I'm not just

13 standing in one spot. I'm taking kind of a

14 room level.

15 MEMBER JONES: Got it. So you're

16 walking around in the middle of the floor.

17 MR. HENNING: And I did that for

18 both cases.


20 MR. HENNING: The 92 and the 88.

21 It's just that the measurements that I took

22 with the 88 were three or four feet away from


1 the building. Whereas, the measurements I

2 took outside with 92 were at the Jefferson,

3 which is further away.


5 measurements that you took at 88 were three or

6 four feet away from the building?

7 MR. HENNING: Yes.

8 MEMBER JONES: Is it fair to say

9 that if you had taken those exact same

10 measurements in 2010 they would be roughly 4

11 dB higher than what you measured when you

12 measured them three or four feet away from the

13 building when it was at 88?


15 MEMBER JONES: Okay. And when you

16 measured them at 88, it was when the roof was

17 open. I think you indicated the back was at

18 70 dBa, when you did it the Friday?

19 MR. HENNING: Yes. Yes.

20 MEMBER JONES: So back in 2010 at

21 that same location is it fair to assume that

22 it would have been roughly around 74 dBa


1 measured at the same location, three to four

2 feet away from the building?

3 MR. HENNING: Yes.

4 MEMBER JONES: Okay. So nothing

5 has really changed. It's just the points of

6 reference of where you took your measurements?


8 MEMBER JONES: Okay. All right.

9 I think that's all I have. Thank you very

10 much. Thank you, Mr. Chair.


12 Jones. Mr. Silverstein?

13 MEMBER SILVERSTEIN: Thank you.

14 Thank you, Mr. Jones.

15 MEMBER JONES: Yes, sir.

16 MEMBER SILVERSTEIN: I'm going to

17 start with a double negative here. Help me

18 out. If it's less than 4 dBa difference

19 between ambient noise and the sound, that

20 doesn't mean that the quality of life is not

21 affected, does it? I mean, if you have a loud

22 bass line, and it goes up 3 dBa, you are


1 lowering the quality of life?

2 MR. HENNING: Well, the higher the

3 level is relative to the background voice

4 level, the more you're going to notice it.

5 The louder it's going to be perceived. And

6 then, if noticing a louder level is a lowering

7 of quality of life, then yes.

8 MEMBER SILVERSTEIN: So in other

9 words, you can have the same amount of din

10 from a second source, and it might not be any

11 louder, but it will affect in a cumulative way

12 the quality of life, if there is in fact such

13 noise? I'm trying to get a handle on this 4

14 dBa.

15 MR. HENNING: Well again, the four

16 is there in the measurement procedure to say

17 that if you're less than that you can't really

18 accurately determine the sound level of the

19 source in a background noise level. And

20 that's really --

21 MEMBER SILVERSTEIN: You can't

22 pinpoint --


1 MR. HENNING: -- what that's for.

2 MEMBER SILVERSTEIN: You can't

3 pinpoint where it came?

4 MR. HENNING: You can't measure

5 the level accurately. In other words, you've

6 got two sources. You've got the background

7 level, and you've got the source level. And

8 you're trying to determine what the source

9 level is, okay?

10 If the source level is high enough

11 above the background, then you can measure the

12 combined level. And there's a way of

13 subtracting out the background, if you measure

14 that separately.


16 MR. HENNING: Then you can get to

17 a reasonably accurate measurement of the

18 source level. But when the source and the

19 background level get too close together, you

20 can't extract that background out in a

21 reasonably accurate way.

22 MEMBER SILVERSTEIN: Okay. Got


1 that. Now, the initial sound test involving

2 Jefferson Row were 92 dBa at the source. What

3 did you hear inside those units in Jefferson

4 Row?

5 MR. HENNING: Well, I think --

6 MEMBER SILVERSTEIN: Just, you

7 know, I'm not asking for a level.

8 MR. HENNING: Yes, I mean --

9 MEMBER SILVERSTEIN: I'm just,

10 what did your ears pick up?

11 MR. HENNING: Inside it was a

12 combination of things. People in the alley

13 talking, especially on the unit in the back.

14 You know, somebody comes out and puts stuff in

15 the trash can, you hear that. You hear

16 mechanical equipment.

17 And when the music was playing I

18 heard a little bit of music. But I couldn't

19 tell inside where that music was coming from.

20 But, you know, outside on the terrace, where

21 I had a, more of a line of sight to Ozio, then

22 I could sort of see it, you know, perceive it


1 coming from Ozio.


3 how far away Jefferson Row is from Ozio?


5 MEMBER SILVERSTEIN: Paint a

6 picture for us.

7 MR. HENNING: I don't know

8 exactly. But, I mean, it was postulated that

9 it was about 160 feet. And I said that was,

10 you know, a reasonable level. I mean, a

11 reasonable distance from the residence.

12 MEMBER SILVERSTEIN: It's a

13 straight shot acoustically? There's nothing,

14 no buildings or anything in between?

15 MR. HENNING: Well, there's --

16 From the terrace, again, I could see direct

17 line of sight to Ozio. You know, as you get

18 down lower in the building, then, you know,

19 other buildings, depending on where your

20 apartment unit is could be blocked. And you

21 wouldn't have line of sight to Ozio's rooftop

22 lounge.


1 MEMBER SILVERSTEIN: But it's

2 maybe 100, 150 feet away?

3 MR. HENNING: Well, I'm thinking

4 it's probably 150, somewhere in there.

5 MEMBER SILVERSTEIN: Okay. Do you

6 know how far away the Palladium is?

7 MR. HENNING: No.


9 where the Palladium is?

10 MR. HENNING: No.

11 MEMBER SILVERSTEIN: Okay. So

12 then you could not tell us whether it's likely

13 that they are hearing the music from Ozio?

14 MR. HENNING: I mean, not really.

15 I mean, if I knew the distance, which I've

16 hear about what it is. But, I mean, if I know

17 the distance and there's not intervening

18 buildings, and all that, which is a big if,

19 then you could do a, you know, a calculation

20 of some sort to try to estimate what it would

21 be.

22 But if you've got, you know,


1 buildings, you know, blocking line of sight,

2 and then you've got reflections among the

3 buildings, it would be pretty hard to know

4 what that would be.

5 MEMBER SILVERSTEIN: If it was

6 more than 500 feet away, and if there was a

7 building blocking it, if, based on your

8 expertise, could you make an intelligent

9 estimate?

10 MR. HENNING: I'd have to know

11 more details.

12 MEMBER SILVERSTEIN: Good. Let's

13 not go there. No further questions.


15 Henning, thank you for your tutorial on sound

16 measurements. I'm going to hand this back to

17 Mr. Fonseca for redirect.

18 MR. FONSECA: I'm going to beg

19 mercy of the clock keeper here. I'm at a

20 loss. It's already 4:10 p.m. I'm fearful of

21 putting on both my witnesses. We may just

22 only go with one.


1 I would ask one last question that

2 goes to both the different readings. Is it

3 not fair to say that in 2010 it gave you a

4 level that was at the higher end of the sound

5 system, to see what it was going to be like?

6 Because we were testing.


8 MR. FONSECA: And frankly, I

9 discussed this with you. So when we talked

10 about coming to test for compliance with the

11 Noise Control Act, with reading within the

12 meter, or approximately that range, did we not

13 say we're going to have a level that the owner

14 said is at our high end? Is that what they

15 told you? This is about, you know, we're

16 already at louder than we normally have it.

17 MR. HENNING: It was adjusted to,

18 my understanding was, kind of at the upper end

19 of what they reasonably play in the lounge.

20 MR. FONSECA: Okay. And that's

21 how the 88 was done?



1 MR. FONSECA: And we found that

2 when the roof's open 88 probably would be a

3 noise code violation. But when the roof is

4 closed it would not. Based on just your set

5 of readings at that particular moment in time,

6 with the ambient sound.

7 MR. HENNING: Again, it would be

8 over the 60. It's just a matter of whether or

9 not you say by the Noise Code that, you know,

10 you're measuring at that, you know, three to

11 four feet. Again, the Code says, not less

12 than one meter.

13 MR. FONSECA: Right. So what I'm

14 trying to get at is, did you ever feel that

15 the noise level, when it was at 92 for the

16 2010 test, or at 88, was manipulated to be

17 extraordinarily at a low level for a dance

18 club?

19 MR. HENNING: Certainly not

20 extraordinarily low. But other than that, I

21 can't say.

22 MR. FONSECA: Was it loud to you?


1 MR. HENNING: Again, I mean,

2 somebody that, you know, at a level of

3 somebody basically shouting three feet away

4 from me, I mean, I can say that's, you know,

5 fairly loud.

6 MR. FONSECA: Okay. I have no


8 MEMBER ALBERTI: Ms. Peck?

9 MS. PECK: One last question. Do

10 you have other night clubs as clients that you

11 go in and measure their sound for them as

12 well?

13 MR. HENNING: Not on a regular

14 basis, no.

15 MS. PECK: So you don't work with

16 other night clubs?

17 MR. HENNING: Well, I have, yes.

18 But I'm not presently working with any at this

19 moment.

20 MS. PECK: Have you had an

21 opportunity to measure the noise level that

22 are common in this city for night clubs? Have


1 you had that opportunity to do that?

2 MR. HENNING: To some extent.

3 MS. PECK: So what is the average

4 range that nightclubs in the city tend to

5 operate for this kind of club, dancing, this

6 sort of thing?

7 MR. HENNING: I mean, I would say

8 the levels I measured, you know, in that, you

9 know, around 90 is a fairly loud level that is

10 kind of typical for what I've, my experience.

11 MS. PECK: Have you heard louder?

12 MR. HENNING: I don't know. When

13 you --

14 MS. PECK: I should say, have you

15 measured louder?

16 MR. HENNING: Nightclubs in the

17 District, I don't know. I don't know if I

18 have. When you're talking about a live band

19 that's when, you know, you get another sort of

20 increment in loudness.

21 It's amazing. But, you know,

22 nightclub music, you know, around 90 from my


1 experience is right there, you know, it's kind

2 of a typical sort of loud nightclub sound.

3 (Off microphone comments)



6 Peck. Okay. Mr. Henning, I think you may

7 step down.

8 MR. HENNING: Thank you.

9 MR. FONSECA: I think I'm going to

10 probably just, I think we'll reduce our load

11 by one, and just put the general manager on if

12 we could.

13 MEMBER ALBERTI: Okay. That's

14 your decision. We're not going to argue with

15 that. This is, Mr. Jones?

16 MEMBER JONES: Just a point of

17 information. Licensee has 47 minutes

18 remaining, protestants have 73 minutes

19 remaining.

20 MR. FONSECA: Is there a 4:30

21 hearing after this?

22 MEMBER ALBERTI: Yes. And we, I


1 mean, this is typical. This is to be

2 expected, okay.

3 MR. FONSECA: Well, I'll wait

4 until we finish with this testimony and make

5 a final decision --


7 MR. FONSECA: -- as to whether

8 I'll have Mr. Christacos to speak.

9 MEMBER ALBERTI: Okay. Sir, would

10 you raise your right hand? Do you solemnly

11 affirm that the testimony you're about to give

12 will be the truth, the whole truth, and

13 nothing but the truth?

14 MR. ABDOULAYE: Yes, I do.



17 MR. FONSECA: Would you please

18 state and spell your first and last name?

19 MR. ABDOULAYE: Sall Abdoulaye, S-

20 A, double L, A-B-D-O-U-L-A-Y-E.

21 MR. FONSECA: That's Abdoulaye?

22 MR. ABDOULAYE: Abdoulaye, yes.


1 MR. FONSECA: And Sall, I'm going

2 to call you Sall, okay? What's your position

3 with Ozio?

4 MR. ABDOULAYE: General Manager.

5 MR. FONSECA: How long have you

6 had that position?

7 MR. ABDOULAYE: I've been working

8 for Ozio for like 15 years.

9 MR. FONSECA: So were you working

10 with them before they moved to 1813?

11 MR. ABDOULAYE: Yes.

12 MR. FONSECA: 1813 M Street?


14 MR. FONSECA: Did you have

15 occasion to be at the club when the sound

16 measurements were taken in 2010?


18 MR. FONSECA: And did you

19 participate with setting up the levels?


21 MR. FONSECA: You met Mr. Henning?



1 MR. FONSECA: And how were the

2 levels established for doing the test?

3 MR. ABDOULAYE: They put the music

4 louder, we can see how, can hear it in the

5 neighbors, like Jefferson Place. And we start

6 to put it lower and lower, to make sure can go

7 with the measurement he was doing.

8 And it was, we were not measuring

9 by the alley. We were measuring by the

10 building inside Ms. Valentine's and Anna

11 apartment.

12 MR. FONSECA: Ms. Valentine's and

13 Ms. Ann Kappel?


15 MR. FONSECA: And at Ms. Kappel --

16 Well, were you inside there? Or was it just

17 Mr. Henning?

18 MR. ABDOULAYE: No, not me.

19 MR. FONSECA: You stayed at --


21 MR. FONSECA: You stayed at the

22 business? Okay. After, you were familiar


1 with the voluntary agreements that were signed

2 by the parties?


4 MR. FONSECA: And you're familiar

5 with the ability to respond to complaints?


7 MR. FONSECA: Have you taken

8 complaints going back to -- Well, first of

9 all, about when did you finally open the

10 rooftop to the public? Because it was well

11 after the first agreement, correct?


13 MR. FONSECA: Do you remember when

14 it was?

15 MR. ABDOULAYE: May 2nd, May 3rd.

16 MR. FONSECA: Of which year?

17 MR. ABDOULAYE: 2011.

18 MR. FONSECA: Okay. So after that

19 there was a test period that extended on to

20 August, correct?


22 MR. FONSECA: And after the second


1 agreement, which the Board, which is Board's

2 Exhibit 4, which is in July of 2011, that was

3 the final agreement, did you have any

4 continuing complaints in '11? And do you

5 remember from whom?

6 MR. ABDOULAYE: Yes. We have

7 complaint 2011, September, from Ms. Valentine.

8 And she called me, she called Ozio, and she

9 called Steven, and she called my cell phone.

10 And I decide to go to her apartment. Because

11 that time we don't have no music on.

12 And I stay with her on her

13 terrace, on the patio. And her husband admit

14 the music coming from another venue, not from

15 Ozio. That's the last time I hear from Ms.

16 Valentine.

17 And last, two weeks ago, it was

18 February 20th, it was loud music. We had a

19 band. And Ms. Anna Kappel she called, and she

20 complain. And we put the music down.

21 MR. FONSECA: In that instance, is

22 that the normal mechanism? You got the


1 complaint --

2 MR. ABDOULAYE: We put it down.

3 MR. FONSECA: -- you investigate

4 it --

5 MR. ABDOULAYE: We put it, yes.

6 MR. FONSECA: -- and you

7 confirmed, you do adjustments?


9 MR. FONSECA: Do you recall

10 complaints in 2012?

11 MR. FONSECA: No.

12 MR. FONSECA: Okay. And what

13 about in 2013?

14 MR. ABDOULAYE: Not until February

15 -- not 2013, sorry.

16 MR. FONSECA: Okay. So when did

17 you first begin in 2013, to understand that

18 there concerns about Ozio's music?

19 MR. ABDOULAYE: I would say we

20 didn't, for that renewal application we have

21 a process hearing about some neighbors who

22 have complained about the music. And I was


1 looking which neighbor we have the complaint

2 about the music.

3 All I know it was the Jeffersons.

4 And I was going out in the back to check the

5 music. And the address it was 1835 18th

6 Street. It was like two block from us.

7 And from that time I been going

8 behind the building every 20, 30 minutes to

9 make sure the music is not come from us. And

10 having my phone to make sure, by this is not

11 accurate app to make sure the dB is kind of

12 low.

13 MR. FONSECA: You have an

14 application --


16 MR. FONSECA: -- on your phone?



19 MR. ABDOULAYE: And most time is

20 not come from us. Only one time, the February

21 20th it was loud from us. And that's, right

22 after that we never, we don't play loud music.


1 We don't use the mic.


3 MR. FONSECA: When that evening,

4 that was a band. Was the band using their own

5 sound equipment?


7 MR. FONSECA: Did you learn a

8 lesson from that?

9 MR. ABDOULAYE: Yes. It was our

10 mistake. It was only one time, yes.

11 MR. FONSECA: Tell me, are there

12 times when you have your roof open, when you

13 can hear music when you're, you know, we're

14 talking late at night when you're relatively,

15 you know, at capacity, when you hear music

16 from other establishments filtering into your

17 place?


19 MR. FONSECA: Is that often?

20 MR. ABDOULAYE: Every Friday,

21 Saturdays.

22 MR. FONSECA: Okay. And can you


1 attribute the source where that's coming from?

2 MR. ABDOULAYE: Eighteenth Street

3 Lounge. They have louder music than us. And

4 you can't hear music if you go to the Ozio

5 alley, or by Ozio back door.

6 All you hear is Eighteenth Street

7 Lounge music. And if Eighteenth Street not

8 open you hear Ozio in the alley, most people

9 talk, and not music.

10 MR. FONSECA: Have you ever found

11 it necessary to close your roof, so that you

12 could escape their sounds?

13 MR. ABDOULAYE: Like sometime when

14 we close, like 2:00 a.m., 2:30 a.m. in the

15 morning, we close 30 minutes earlier, if like

16 the music isn't Ozio. Because we hear the

17 music so loud. And you can't hear the person

18 we're talking with inside the Ozio.

19 MR. FONSECA: So, is your phone

20 number available? And has it been available

21 to the --



1 MR. FONSECA: -- residents at

2 Jefferson Place?

3 MR. ABDOULAYE: Yes. Ms.

4 Valentine, she call me on my cell phone.

5 MR. FONSECA: And have -- Ms.

6 Valentine has called?

7 MR. ABDOULAYE: She guide me to

8 get to her apartment. She open the door for

9 me, and I went upstairs. And we talk about

10 the music. We talked about music for like a

11 minute. Most we talk about her cats, where

12 I'm from.

13 MR. FONSECA: Well, it's good to

14 be a good neighbor. Have they called Mr.

15 Christacos, even when he's not at the club?

16 MR. ABDOULAYE: Yes. They call

17 him, I think it was September that he was in

18 the beach. And he picked up the phone, he

19 called me. And I talked to her. And we try

20 to --

21 MR. FONSECA: When you say her,

22 was that Ms. Kappel? This was about the band?


1 MR. ABDOULAYE: The February 20th?

2 Not then, but before.

3 MR. FONSECA: Oh, back in 2011?


5 MR. FONSECA: Okay. I want you to

6 be a little more --

7 MR. ABDOULAYE: 2011.


9 MR. ABDOULAYE: Yes. From

10 February 20th when she called. Another

11 manager pick up the phone. And she ask her,

12 if she give her number if she will call her

13 right back to make sure if the music went

14 down. And she said, promise me if I give you

15 my number, you're not calling me tonight.

16 And I went back in the alley, and

17 I called her. I told her to put the music

18 down. Ask the band if they can lower the

19 sound down a little bit more. And from that

20 time she never called back after that.

21 MR. FONSECA: No further

22 questions.



2 Fonseca. Ms. Peck?

3 MS. PECK: Do you maintain a

4 complaint log?


6 MS. PECK: Did you produce it for

7 this hearing?

8 MR. ABDOULAYE: I think we have

9 it. Everything's in there.

10 MR. FONSECA: We haven't made

11 copies because they're on --

12 MEMBER ALBERTI: Well wait, wait,

13 wait. She just asked the question.

14 MR. FONSECA: It's yes.

15 MS. PECK: Thank you. And at some

16 point we would like to see the complaint log,

17 if we could have a copy of that. This is

18 something that's required by the settlement

19 agreement? Is that correct?

20 MR. ABDOULAYE: Yes, yes.

21 MS. PECK: So do you know how many

22 complaints you've had since the settlement


1 agreement was completed, that you've logged?

2 MR. ABDOULAYE: From 2011 most

3 complaint it was in the beginning, from one

4 person, from Ms. Valentine. There was nobody

5 else. And 2012 was one complaint, 2013 was no

6 complaint, 2013 was no complaint until

7 February 20, 2014, we got a call from Anna

8 Kappel.

9 Before that we don't get

10 complaint. Nobody called my cell phone.

11 Nobody call Ozio. And I tell you, only the

12 one time in 2011 when she called. I ask her,

13 we're not playing music, and I ask if I can

14 come to her place. She say, yes, no problem.

15 And I went to her place. And her husband

16 admits the music come from somewhere else.

17 MS. PECK: We heard today that a

18 sound test was done with 92 decibels as --

19 MEMBER ALBERTI: Wait a second.

20 MS. PECK: -- the test level. How

21 loud do you typically play music in the

22 upstairs roof deck area?


1 MR. ABDOULAYE: Loud music up

2 there. We don't play it that loud. And one

3 thing I can say --

4 MS. PECK: Do you know what

5 decibel level? Do you actually take those

6 numbers?

7 MR. ABDOULAYE: In my phone? In

8 my room by myself it's like 70. If it was the

9 music it seems to be like 80, 88, 89.

10 MS. PECK: Seventy in your home?

11 MR. ABDOULAYE: Yes. Because in

12 my phone it's not accurate.

13 MS. PECK: Okay.

14 MR. ABDOULAYE: I'm just, is a

15 app. Is the same thing when you guys on

16 Saturday, you take the measurement in the back

17 alley. And it was, Eighteenth Lounge music

18 was so loud, and Ozio music was not loud.

19 I don't know how you guys can

20 measure the Ozio with different music playing

21 the back. I start talking to you in the

22 alley, you guys ignore me and walk away.


1 MS. PECK: I don't even remember

2 seeing you in the alley.

3 (Crosstalk)

4 MR. ABDOULAYE: And I met the ABC

5 lady in the alley, because I was in the alley.

6 I go every 15 minutes to make sure music is

7 not loud, make sure the trash is fine. That's

8 where I met Felicia in the alley. So --

9 MS. PECK: But the question is

10 really, how do you set the limit inside for

11 your operation? So do you have a specific

12 setting on your machinery that you use? Or

13 how do you know how loud it is when you're

14 operating the club?

15 MR. ABDOULAYE: Okay, the louder

16 club is not from the music. You play --

17 MS. PECK: Well I'm asking about

18 the music. I want to know about the amplified

19 sound coming out of your system in the roof

20 deck area.

21 MR. ABDOULAYE: From us in the

22 roof, I say 80, 88, 89.


1 MS. PECK: But you don't know?

2 MR. ABDOULAYE: I do have the

3 measurement, but is not accurate. I wanted to

4 give you the number, but is not loud. People

5 can have conversation --

6 MS. PECK: But you had a sound

7 engineer come in. So you didn't ask him to

8 help you determine how loud it is when you set

9 it in your settings?

10 MR. ABDOULAYE: That's why test

11 it outside with him for three hours. And we

12 call Steven, he was in the roof top, to make

13 sure keep putting music down to get to the

14 level he say that's fine. And we sit on that

15 level.

16 MS. PECK: Okay.


18 MS. PECK: But before that you

19 didn't have any system in place that told you

20 how loud you're operating the music?

21 MR. ABDOULAYE: Let me tell you,

22 system we had before, we don't play loud


1 music. Since agreements, if anybody complain

2 we put the music down. We didn't have no

3 complaint, we never, the music wasn't that

4 loud so anybody to complain about it.

5 MS. PECK: So your system is you

6 don't, you keep playing whatever you want to

7 until you get a complaint?

8 MR. ABDOULAYE: We don't play

9 whatever we want to. We play what is good for

10 the place, for the neighbors. It has to be,

11 it's for everybody.


13 MEMBER ALBERTI: Okay. Board

14 questions? Actually, before we have Board

15 questions, Mr. Fonseca, you had offered, we

16 had a request from Ms. Peck for the incident

17 log, all right. So do you want to see this,

18 Ms. Peck? I mean, what's your aim here with

19 that?

20 MS. PECK: Well I, what I aim to

21 do --

22 MEMBER ALBERTI: The reason I ask


1 is that we have a whole notebook full of

2 incidents here.

3 MS. PECK: Right.

4 MR. FONSECA: Well, no. A lot of

5 the pages is where there's no complaints, no

6 complaints, no complaints.

7 MEMBER ALBERTI: Right. But my

8 point is, there's lots of pages.

9 MS. PECK: Yes. What I hoped to

10 do with that is, when Ann Kappel testifies,

11 then I was going to ask her how many complaint

12 is she aware has been made. And then, if it's

13 consistent with what we've heard here, then no


15 And if, in fact, she says there's

16 actually quite a lot more complaints than what

17 we've heard, then that would be a discrepancy

18 in the record keeping, which is required by

19 the settlement agreement. And the complaints,

20 or the frequency of contact from the

21 surrounding neighborhood.

22 MEMBER ALBERTI: Mr. Fonseca, do


1 you have any --

2 MS. PECK: I don't need to see

3 that yet, until I --

4 MEMBER ALBERTI: But wait. Mr.

5 Fonseca, do you have any objections to her, to

6 the protestants reviewing that?

7 MR. FONSECA: No.

8 MEMBER ALBERTI: Okay. Here's the

9 deal. After this witness we're going to take

10 a five minute break. Not only because we've

11 been here a long time, but we have to discuss

12 scheduling, because we're going a long time

13 here. And so, that would be an opportunity

14 for them to review it, if that's agreeable to

15 you.

16 MR. FONSECA: Yes, yes.

17 MEMBER ALBERTI: Okay. So let's

18 plan on that. Ms. Peck, is that okay?

19 MS. PECK: That sounds good.

20 MEMBER ALBERTI: Okay, good.

21 Board questions? Anyone? Mr. Brooks.

22 MEMBER BROOKS: Yes, thank you.


1 What type of music do you play on the roof?

2 MR. ABDOULAYE: We play

3 everything. We play hip hop, house,

4 international, Spanish, everything.

5 MEMBER BROOKS: Okay. And how

6 many nights a week?

7 MR. ABDOULAYE: Mostly Friday,

8 Saturdays.

9 MEMBER BROOKS: Friday and

10 Saturday.

11 MR. ABDOULAYE: Like, Monday

12 through Thursday, by 11 o'clock, 12:00 a.m. we

13 not playing a lot of music. Only Friday,

14 Saturday we have a DJ. Monday through

15 Thursday is not that much DJ. Maybe once,

16 twice a month.

17 MEMBER BROOKS: Okay. So Friday

18 and Saturday there's a DJ?


20 MEMBER BROOKS: And what are the

21 hours?

22 MR. ABDOULAYE: We do from 5


1 o'clock afternoon to 2:30 a.m. That's the

2 last call, 2:30 a.m., 2:35 a.m.

3 MEMBER BROOKS: Okay.



6 Chairman. So the, just to get back to the

7 system that you have inside. Is it, is the

8 entire system -- Well, how many sound systems

9 do you have? Let me ask that.

10 MR. ABDOULAYE: Well, I mean, we

11 have two --

12 MEMBER JONES: Well, I mean, I'm

13 sorry. That's a bad question. How many DJ

14 areas do you have?

15 MR. ABDOULAYE: We just have one

16 DJ area.

17 MEMBER JONES: How many DJ areas

18 do you have in the entire establishment?

19 MR. ABDOULAYE: Three DJ areas.

20 MEMBER JONES: Three DJ areas?

21 MR. ABDOULAYE: Second floor, yes.

22 MEMBER JONES: Okay. The rooftop


1 DJ area is separate and distinct from any of

2 the other DJ areas? Okay. Is the sound

3 system separate and distinct from any of the

4 other areas? Yes?


6 MEMBER JONES: Okay. The sound

7 system that you have upstairs, do you have any

8 type of regulator on that system to minimize

9 the amount of power --


11 MEMBER JONES: -- that is being

12 sent to the speakers?


14 MEMBER JONES: What is that?

15 MR. ABDOULAYE: We have a

16 amplifier in the back, and we low it anytime

17 we, you know, we want to.

18 MEMBER JONES: Okay. So do you

19 have a limiter? So you have a control

20 mechanism. But do you have a limiter

21 available to you?

22 MR. ABDOULAYE: I don't understand


1 the question. Sorry.

2 MEMBER JONES: So you have the

3 ability to turn up and turn down the volume?


5 MEMBER JONES: Is there anything

6 that will limit the amount of power that's

7 being sent to the speakers, regardless of how

8 high you turn up the volume, or you increase

9 the amplitude?

10 MR. ABDOULAYE: We have for them,

11 we put limit in the amplifier in the back.

12 MEMBER JONES: You have a limiter

13 on the amplifier?

14 MR. ABDOULAYE: Yes. Is not, is

15 like if the DJ want to go higher he can't go

16 higher.

17 MEMBER JONES: There's a limiter

18 back there?

19 MR. ABDOULAYE: There's no limiter

20 back there. But we set it up like, nobody can

21 go there. Only me, I can go there, or another

22 manager.


1 MEMBER JONES: Is there a limiter

2 that you have --

3 MR. ABDOULAYE: I don't, so no.

4 MEMBER JONES: -- integrated into

5 your --

6 MR. ABDOULAYE: So no.

7 MEMBER JONES: No. Okay. If you

8 do not have a limiter integrated into your

9 system, right? So you can turn up the

10 amplitude on your amplifier basically whenever

11 you choose to do so, correct?


13 MEMBER JONES: Is there any

14 mechanism, any procedure, any SOP that you

15 have in place in order to ensure that you're

16 at the designated levels that were deemed to

17 be appropriate by the sound engineer report

18 that you paid for and received back in 2010?

19 MR. ABDOULAYE: Usually I use the

20 app I have.

21 MEMBER JONES: Do you have a SOP

22 or procedure? So the app you have will allow


1 you to go wherever you want?


3 MEMBER JONES: Right? So that's

4 not helping you limit or regulate your sound

5 level, right? So there's no guarantee that

6 the minute the sound engineer walked out of

7 your door and left this report in your hands,

8 that you didn't immediately turn up the volume

9 on your system to whatever it is you felt like

10 you wanted it to be?

11 MR. ABDOULAYE: We don't have

12 system that's monitored, no.

13 MEMBER JONES: You don't have a

14 system that what?

15 MR. ABDOULAYE: You said, what the

16 question you say? We have anything to monitor

17 the music in the back?

18 MEMBER JONES: No. My subsequent

19 question to that is, what process, procedure,

20 SOP, Standard Operating Procedure do you have

21 in place to ensure that the level that your

22 amplification system is set at for rooftop


1 activities is no greater than the level it was

2 set at when it was determined by the sound

3 engineer in 2010 what the appropriate level

4 should be?

5 MR. ABDOULAYE: No.

6 MEMBER JONES: You don't?


8 MEMBER JONES: Okay. What was

9 that level? What is that level?

10 MR. ABDOULAYE: The level is 88.

11 MEMBER JONES: Eighty-eight?


13 MEMBER JONES: And how do you set

14 that 88? How do you set that? What does that

15 equate to on the dial, right? So I'm assuming

16 your amplifier doesn't have a measurement of

17 dBa as 88 on it. Or does it?

18 MR. ABDOULAYE: No. We have --

19 MEMBER JONES: Okay. So what is

20 the exact measurement on your device that you

21 set that to?

22 MR. ABDOULAYE: Okay. Amplifier


1 goes from one to eight.


3 MR. ABDOULAYE: All right. We

4 stop at four.

5 MEMBER JONES: You stop at four?

6 MR. ABDOULAYE: Yes, four. That's

7 before we have the technician, we always stop

8 at four?

9 MEMBER JONES: So what does four

10 equate to in terms of dBa?

11 MR. ABDOULAYE: The four is like

12 88.

13 MEMBER JONES: It equates to 88?



16 MR. ABDOULAYE: Eighty-eight, 86.

17 MEMBER JONES: When did you set it

18 to 88? Or when did you set it to four?

19 Because this report in 2010 says the correct

20 level, or the acceptable level was 92. So

21 that would equate to something higher than

22 four on your amplifier.


1 MR. ABDOULAYE: Okay. For the

2 2010 it was test. We played loud the music we

3 can play to see how it affect the neighbors.

4 It was not the music we want to set the level

5 at.

6 We played louder music, and we

7 keep putting it down little bit by little bit

8 to get the level. Like right now, we don't

9 exceed 88 every Friday, Saturday. We always

10 below 88.

11 MEMBER JONES: But you, so the

12 only way you know that is that your, you're

13 saying that there is a procedure that you have

14 in place that prevents anyone from raising

15 that dial above four, yes?

16 MR. ABDOULAYE: No. I say --


18 MR. ABDOULAYE: -- on the

19 amplifier we go from one to eight. And I

20 start at four. When it's four, it's like 88,

21 86 in the rooftop.

22 MEMBER JONES: So four. Because


1 you don't know that it's 88 or 86. You're

2 just basing that esoterically off of the

3 measurements that were just taken on Friday?

4 MR. ABDOULAYE: Yes, yes.

5 MEMBER JONES: That's a guess.

6 MR. ABDOULAYE: Yes, a guess.

7 MEMBER JONES: The only reason you

8 know that know is because --

9 (Crosstalk)


11 MEMBER JONES: Right. Okay. So

12 let's be real.

13 MR. ABDOULAYE: Yes, is a guess.

14 MEMBER JONES: All right.

15 MR. ABDOULAYE: Okay.

16 MEMBER JONES: So you set the

17 level to four. How did you come to determine

18 that four is the right number? Why did you

19 set it there?

20 MR. ABDOULAYE: I set four because

21 when I, every time we put the music I go to

22 the alley. And I use my measurement in the


1 alley to make sure the music is not loud.

2 MEMBER JONES: Okay. So what was

3 the limit that you were seeking? What was

4 your goal? What was your agenda? What where

5 you looking for?

6 MR. ABDOULAYE: Outside is 60, 62.

7 MEMBER JONES: Sixty, 62. So the

8 maximum that you are allowing yourself to read

9 on your meter was 62?

10 MR. ABDOULAYE: Between 59, 60,

11 62, yes.

12 MEMBER JONES: The maximum you are

13 allowing yourself to read on your meter was

14 62?

15 MR. ABDOULAYE: In the outside,

16 yes. Yes.

17 MEMBER JONES: Okay. At what

18 point were you measuring it? How far away

19 from the building were you? What was your

20 point of reference?

21 MR. ABDOULAYE: I'd say in the

22 alley by the, it's like maybe say three feet,


1 four.

2 MEMBER JONES: Three feet, four,

3 away from what?

4 MR. ABDOULAYE: The Ozio building,

5 by the alley.

6 MEMBER JONES: Okay. And you're

7 on the back side, or the side?

8 MR. ABDOULAYE: Back side, back

9 side.

10 MEMBER JONES: Okay. So, do you

11 measure from that same point all the time?



14 measure the same time of day?

15 MR. ABDOULAYE: Yes. Because when

16 you go by other side of the alley, you don't

17 hear no music. You don't hear anything. Only

18 you have to go inside where the, like small

19 parking garage.

20 MEMBER JONES: Understood. But

21 you measure at the same time of day?



1 MEMBER JONES: Okay. Are you

2 doing anything to discern -- What type of

3 measurements are you doing? Are you doing an

4 average? Or are you doing something

5 different? Do you know?

6 MR. ABDOULAYE: It's a average. I

7 just use a phone app.

8 MEMBER JONES: You use the phone

9 app?


11 MEMBER JONES: Oh, okay. So you

12 use a phone app?


14 MEMBER JONES: That's the device

15 that you're using to take your decibel

16 reading?


18 MEMBER JONES: Okay. Got it. So

19 you have no idea. You just, you don't know

20 what it's doing, it's just giving you a

21 reading?



1 MEMBER JONES: Okay. What is

2 preventing anyone from going in there and

3 turning it up above four, like 4.5?

4 MR. ABDOULAYE: Is in the back.

5 And only employees allowed to go there.

6 MEMBER JONES: So anybody who is

7 an employee of the establishment has access to

8 that?

9 MR. ABDOULAYE: He can't go there,

10 no.

11 MEMBER JONES: Excuse me?

12 MR. ABDOULAYE: Only employees can

13 go there.

14 MEMBER JONES: Right. So anyone

15 who is an employee of the establishment has

16 access to that dial control?


18 MEMBER JONES: Who does?

19 MR. ABDOULAYE: Only employees?

20 I'm sorry. I answered the question. Only me,

21 the other managers, and the wait staff, the

22 bartenders can go back.


1 MEMBER JONES: Okay. So maybe

2 it's not translating. So who, what's an

3 employee? I'm saying anyone who is an

4 employee.

5 MR. ABDOULAYE: DJ is not

6 employee. DJ is a contractor.

7 MEMBER JONES: I didn't designate

8 the DJ.

9 MR. ABDOULAYE: Okay. Go ahead.

10 MEMBER JONES: I'm saying, anyone

11 who is an employee --


13 MEMBER JONES: -- can go back and

14 turn that dial to whatever setting they want?

15 There's nothing that's preventing them from

16 doing that?


18 MEMBER JONES: Yes?


20 MEMBER JONES: Okay. Do you have

21 procedures, rules or guidelines which

22 stipulate that you and only you can touch the


1 dial?

2 MR. ABDOULAYE: Only me and

3 another manager can touch the music, yes.

4 MEMBER JONES: Do you have that in

5 writing?

6 MR. ABDOULAYE: Not with me here.

7 MEMBER JONES: No. Do you have it

8 in writing?


10 MEMBER JONES: Are your employees

11 trained on that?


13 MEMBER JONES: Okay. So if the DJ

14 asks them, anyone other than you, to go back

15 there, someone in the wait staff, another

16 manager, to go back there and say, hey, I need

17 to pump this up a little bit, can I get five?

18 MR. ABDOULAYE: They have to ask

19 me.

20 MEMBER JONES: Can you turn it up

21 to five? They have to come to you first? Has

22 that ever happened?


1 MR. ABDOULAYE: Yes. It happened

2 a couple of times.

3 MEMBER JONES: Okay. And what do

4 you do?

5 MR. ABDOULAYE: I just keep the

6 same music, whatever the music I feel in the

7 back with my reading, that's what I stay at.

8 MEMBER JONES: Okay. So you

9 mentioned earlier that you have a process by

10 which you play the loud music at whatever

11 level it is until you get a complaint, right?

12 And then you turn it down when you get a

13 complaint.

14 MR. ABDOULAYE: No. It's not I

15 say I play the music whatever I play it. I

16 say, we play music. People, you can hear

17 conversation when the music is on.

18 But if a neighbor call, complain,

19 I go in the back, I double check, make sure if

20 the music is loud we put it down, same like in

21 agreement. Whenever they call and complain I

22 check to make sure. There's no more complaint


1 after that. I take care of the problem.

2 MEMBER JONES: Okay. So every

3 time someone complains the process is, you go

4 in the back and you turn it down?


6 MEMBER JONES: Turn it down to

7 what?

8 MR. ABDOULAYE: Turn it down to

9 nobody can call or complain?

10 MEMBER JONES: What level is that?

11 So how do you know that? What's your feedback

12 loop to make that determination?

13 MR. ABDOULAYE: The feedback the

14 same amplifier I have been doing for the past

15 two, two and a half years was no complaint,

16 until right now. Until February 20th it was

17 not Ozio sound system.

18 It was a band that play their own

19 sound system. And it was loud. And I knew it

20 was loud. Somebody called, complain, and I

21 took to the band to lower the bass and

22 everything.


1 MEMBER JONES: So the process that

2 you have is, someone calls to complain, you go

3 in the back, you turn it down. Do you call

4 them back to say, is this low enough?

5 MR. ABDOULAYE: That's a good

6 question. On February 20th one of the

7 neighbor call, complain. We ask her for her

8 cell phone number, or number we can call her

9 back to make sure is fine.

10 She say, you promise me one thing,

11 if I call, if I give you my number, you're not

12 calling me tonight. And how I can call them

13 back, if they don't give us a number to call

14 them back?

15 MEMBER JONES: So at that point,

16 what did you do?

17 MR. ABDOULAYE: We will put it

18 down. She never call after that.

19 MEMBER JONES: Okay. So you have

20 it set at four all the time?

21 MR. ABDOULAYE: Yes. Four,

22 sometime --


1 MEMBER JONES: The neighbor

2 called, complained when it was set at four?

3 MR. ABDOULAYE: No. That time she

4 complain, I told you we had a band. They were

5 playing their own sound system.

6 MEMBER JONES: Oh, okay.

7 MR. ABDOULAYE: Not our sound

8 system. They bring their own sound system.

9 MEMBER JONES: Okay. So when it,

10 are you telling me right now, under oath, that

11 when you had it set at four you never received

12 a complaint?



15 MR. ABDOULAYE: I promise you.


17 Chairman.

18 MEMBER ALBERTI: Mr. Rodriguez?

19 MEMBER RODRIGUEZ: Mr. Abdoulaye,

20 thank you for coming in. A couple of

21 questions. Mine is not as technical as the

22 previous questions. You're now a human


1 dosimeter. If you shut off all the sound at

2 Ozio's, at 10 o'clock what would your

3 dosimeter tell you, what level?

4 MR. ABDOULAYE: In the alley, or

5 in the --

6 MEMBER RODRIGUEZ: No. In the

7 middle of your dance floor on the roof.

8 MR. ABDOULAYE: I would say 70,

9 75.

10 MEMBER RODRIGUEZ: That takes care

11 of all the ambient sounds, the cars,

12 everything? The crowds, the cars in the

13 alley?

14 MR. ABDOULAYE: Only one

15 condition. If Eighteenth Street Lounge is

16 closed I can say 70, 75.

17 MEMBER RODRIGUEZ: Okay. So at 10

18 o'clock that night, what would be dosimeter's

19 --

20 MR. ABDOULAYE: When, tonight?

21 MEMBER RODRIGUEZ: No, 10 o'clock.

22 And let's say Saturday night.


1 MR. ABDOULAYE: With the music on?

2 MEMBER RODRIGUEZ: No, no.

3 Everything is quiet, including you. What do

4 you hear? What dosimeters do you hear in the

5 middle of your floor?

6 MR. ABDOULAYE: You hear fans.

7 MEMBER RODRIGUEZ: Okay. No

8 ambient sounds. How about 12 midnight?

9 MR. ABDOULAYE: The same thing,

10 the fan or the other club music?

11 MEMBER RODRIGUEZ: And 2:00 a.m.?

12 MR. ABDOULAYE: The same thing,

13 the other club music, fans.

14 MEMBER RODRIGUEZ: That's your

15 reading?

16 MR. ABDOULAYE: Yes. Is not, yes.

17 MEMBER RODRIGUEZ: Okay. Thank

18 you.

19 MR. ABDOULAYE: No problem.

20 MEMBER ALBERTI: Any other Board

21 Members? Okay. Mr. Fonseca, redirect?

22 MR. FONSECA: Yes, if I can


1 redirect? Sall, do you recall when Mr.

2 Henning came on Friday, that you had Carlos

3 Beaumont there --


5 MR. FONSECA: -- with his laptop?


7 MR. FONSECA: What does Mr.

8 Beaumont do?

9 MR. ABDOULAYE: He was, tried to

10 set up the music and the level. Mr. Henning

11 say he's good. It's 63 dB in the alley. He

12 was going to set up the music the same level.

13 We can't go up, we can't go down.

14 MR. FONSECA: Does he program that

15 --


17 MR. FONSECA: -- system so that --


19 MR. FONSECA: -- it has a limiter?


21 MR. FONSECA: Did you understand

22 what --


1 MR. ABDOULAYE: I not understand

2 his question.

3 MR. FONSECA: -- Mr. Jones was

4 saying?

5 MR. ABDOULAYE: I don't understand

6 his question, yes.

7 MR. FONSECA: Does Carlos need a

8 laptop, do you all need a laptop to get into

9 your system --


11 MR. FONSECA: -- to set up certain

12 things?


14 MR. FONSECA: Does that include

15 limiting how the volume of that system works?

16 MR. ABDOULAYE: The volume system

17 right now, whatever we done in Friday, it

18 can't go up more than that.


20 MR. ABDOULAYE: It's staying that

21 way. Nobody can go up, nobody can go down.

22 MR. FONSECA: Did he readjust it


1 based on the readings --


3 MR. FONSECA: -- that Mr. Henning

4 did?


6 MR. FONSECA: Is that 88 dBa now

7 part of the --


9 MR. FONSECA: -- equation in

10 there?


12 MR. FONSECA: Okay. Thank you.

13 MR. ABDOULAYE: It can't go more

14 up than that now.



17 MEMBER ALBERTI: Okay. We're

18 going to have additional questions from the

19 Board.

20 MEMBER SHORT: Yes. I'd just like

21 to ask --

22 MEMBER ALBERTI: Mr. Short.


1 MEMBER SHORT: You mentioned

2 earlier in your testimony that when you have

3 a live band --


5 MEMBER SHORT: -- that's when you

6 had complaints?


8 MEMBER SHORT: Now that you know

9 that, have you put anything in place --

10 MR. ABDOULAYE: We're not doing

11 live band no more.

12 MEMBER SHORT: No more live band?

13 MR. ABDOULAYE: No more live band.

14 MEMBER SHORT: No more questions.

15 MEMBER ALBERTI: Any further

16 questions from either side on that one

17 question?

18 MS. PECK: Just one last question.

19 MEMBER ALBERTI: Yes, Ms. Peck.

20 MS. PECK: Have you only had a

21 live band once?

22 MR. ABDOULAYE: No. We had live


1 band a couple of times.

2 MS. PECK: A couple of times?

3 MR. ABDOULAYE: yes.

4 MS. PECK: How many times?

5 MR. ABDOULAYE: A lot of times. I

6 can't tell you how many times. I had a couple

7 of times a live band.

8 MS. PECK: So this is a change in

9 your business practice is, you're no longer

10 having live bands?

11 MR. ABDOULAYE: It's not by change

12 of business practice. Like, we try to be good

13 neighbors. Like with Ms. Ann, we talked to

14 her before. And we try, I try to see what's

15 good for them and good for us.

16 And she told us one time in email,

17 when roof is open keep it that way. It was

18 good music, and it was not loud. It was like

19 2011. And we try to just be good neighbors.

20 But it seem like, I don't think

21 you can hear the music at Ozio like 60 feet

22 from Ozio. I don't know how you can hear from


1 700 feet.

2 MS. PECK: Okay. So let me ask

3 you this. You just said that your personal

4 goal has been to try to measure 60 to 62

5 decibels when you're measuring out in the

6 alley.


8 MS. PECK: But now you've had a

9 licensed sound engineer come back and tell

10 you, if you have, are playing 88 decibels in

11 your roof deck, you can only hit that level if

12 you have the roof closed. So is the new

13 business plan to only play music at that level

14 when the roof is closed?

15 MR. ABDOULAYE: We play the music

16 level right now at 88, the way that Mr.

17 Henning set up the music, and say that is

18 enough to --

19 MS. PECK: With the roof closed,

20 or with the roof open?

21 MR. ABDOULAYE: Whether the roof

22 is closed, the roof is open, both way.


1 MS. PECK: So you still plan to

2 continue operating with the roof open, set at

3 88?

4 MR. ABDOULAYE: No. We not set,

5 operating when the roof open at 88. We just

6 set where the legal noise at, which is over

7 65, 60 dB outside. That's a problem. But we

8 cannot say we will operate playing 50 or 70 or

9 60. We just want to go with the law.

10 MS. PECK: Right.

11 MR. ABDOULAYE: The law say --

12 MS. PECK: My question is, because

13 I'm just trying to understand what your

14 instructions are at this point, after having

15 this readjustment, which is what you called

16 it. The sound engineer came, he took a

17 measurement.

18 He said, when it's 88 and the roof

19 is closed, then you do not exceed the ambient

20 level in the alley. You've got the 60, 62

21 level. However, when you are playing 88 and

22 the roof is open, you have 70 down there,


1 which is ten decibels over the 60 ambient

2 level.

3 So what is the business plan to

4 deal with that? Is it to bring the noise

5 level down further when the roof is open? Or

6 is it to not open the roof? Or is it to

7 continue to operate with sound levels at 70 in

8 the alley?

9 MR. ABDOULAYE: No. If we have to

10 adjust the level. If the level 88, we say 70.

11 If we put it 85 it be 60, we do it.

12 MS. PECK: But you don't know,

13 because that hasn't been planned yet?

14 MR. ABDOULAYE: Let me tell you

15 the plan right now. Because when we open the,

16 when we close the roof one time, Anna say

17 music was loud. When we open the roof, she

18 say the music was now loud. So we decrease

19 when the roof was open, you know.

20 Is mean, if we go 85 and make it

21 be 60, that's fine. But when we measure in

22 the back, same like you guys measure in the


1 back, it was only me and him. And I can't

2 even talk to him, because he tell me be quiet.

3 When people do dinner in the back

4 he say they have to wait until all the fan

5 off, nobody talking, he can take the

6 measurement. And you guys taking the

7 measurement was louder music from the other

8 places. And you guys talk and have a

9 conversation.

10 I don't know how you get it was 70

11 or 75. I do the same thing. If we have to go

12 to 60, I go 65, or go to 40, if the Board tell

13 me go to 40 --

14 MEMBER ALBERTI: Mr. Abdoulaye,

15 Mr. Abdoulaye, I think you're getting far off

16 --

17 MR. ABDOULAYE: Yes, I'm sorry.

18 That's fine.

19 MEMBER ALBERTI: Let's stick to

20 the question again, please.




1 MEMBER ALBERTI: Ms. Peck, any

2 other further questions?

3 MS. PECK: That's it, thank you.

4 MEMBER ALBERTI: Okay. Thank you,

5 Mr. Abdoulaye. All right. You may step,

6 please do.

7 MR. FONSECA: Are we doing to go

8 on five minutes now?

9 MEMBER ALBERTI: Pardon? Let's

10 take a ten minute break.

11 MR. FONSECA: Ten minutes?

12 MEMBER ALBERTI: Because I know

13 that's realistically what it's going to be.

14 All right. And you'll have a chance to take

15 a look at the incident log if you'd like.

16 (Whereupon, the hearing in the

17 above-entitled matter went off the record at

18 4:48 p.m. and back on the record at 5:04 p.m.)

19 MEMBER ALBERTI: We are back on

20 the record. Before we continue with the case

21 before us, I'm going to announce that the case

22 that was to follow this this afternoon at


1 4:30, Case 13-PRO-00132, Sammy Restaurant LLC

2 trading as Chi Cha lounge, that case has been

3 postponed until March 28th at 10:00 a.m.

4 Okay, so I think we're ready to

5 proceed.

6 MR. FONSECA: Do we need to put on

7 the record any rescheduling before, to do any

8 administrative thing on the next --

9 MEMBER ALBERTI: I just put on the

10 record that we're rescheduling the case after

11 this. Thank you for that, Mr. Fonseca.

12 MR. FONSECA: All right. If I may

13 then, I think I have a little bit of time. I

14 was going to put Mr. Christacos on for me, a

15 very short period of time.

16 And hopefully cross on what direct

17 was about won't take us too, too long. And

18 Ms. Peck has her own witnesses that could

19 prove her case. I'm not sure he's going to

20 prove it for her.


22 MR. FONSECA: The Board members,


1 as we say, you all have the luxury of asking

2 the questions and getting the answers you

3 want.

4 MEMBER ALBERTI: Unfortunately

5 it's too much of a luxury. All right, so I

6 would admit to it. Okay, so Mr. Fonseca --

7 MR. FONSECA: I call Steven

8 Christacos.


10 Christacos, would you raise your right hand?

11 And do you solemnly affirm that the testimony

12 you're about to give will be the truth, the

13 whole truth, and nothing but the truth?

14 MR. CHRISTACOS: I do.



17 MR. FONSECA: Would you please

18 identify, give your name and your title with

19 the Licensee's corporate entity?

20 MR. CHRISTACOS: My name is Steven

21 Christacos. I am the Vice President of Ozio

22 Martini and Cigar Lounge, located at 1813 M


1 Street Northwest, Washington D.C.

2 MR. FONSECA: Mr. Christacos, you

3 were involved with the negotiations for the

4 two agreements and the one that's in place

5 now, correct?

6 MR. CHRISTACOS: Correct.

7 MR. FONSECA: And you were the one

8 that directed requests and coordination of the

9 2010 sound test?

10 MR. CHRISTACOS: That's correct.

11 In the beginning, we were trying to get our

12 business or the rooftop open as soon as we

13 could, and we asked if we could speed up the

14 process and not go through the whole hearing.

15 And that's when we went into a

16 voluntary agreement process with the

17 neighbors. So even our voluntary agreement

18 was completely voluntary.

19 MR. FONSECA: All right. And

20 after the testing, is it accurate that at that

21 time Ms. Kappel, who was negotiating for

22 Jefferson Row, wanted to do testing in


1 addition so when you actually had, you know,

2 customers there.

3 In other words, let me rephrase

4 that. Were you open with the public there

5 when we did the testing in 2010?

6 MR. CHRISTACOS: Yes, I believe

7 so.

8 MR. FONSECA: I don't think you

9 have people in there yet.

10 MR. CHRISTACOS: When we did the

11 testing with Mr. Henning?

12 MR. FONSECA: With Mr. Henning,

13 you didn't have customers yet.

14 MR. CHRISTACOS: No.

15 MR. FONSECA: That was back in

16 October of '10, is that correct?

17 MR. CHRISTACOS: No, that's

18 correct. We did the testing with --

19 (Crosstalk)

20 MR. FONSECA: And you did not have

21 your Certificate of Occupancy yet?

22 MR. CHRISTACOS: I don't believe


1 we were even open then yet.

2 MR. FONSECA: That's what I was

3 trying to establish. So at that time, do you

4 recall exchanges of emails as to having the

5 testing period?

6 MR. CHRISTACOS: I believe so. I

7 can't recall the exactly --

8 MR. FONSECA: You recall that that

9 was included --

10 (Crosstalk)

11 MR. FONSECA: -- in the 2010

12 agreement?

13 MR. CHRISTACOS: Pardon me?

14 MR. FONSECA: Was that test period

15 in the 2010 agreement?

16 MR. CHRISTACOS: Yes.

17 MR. FONSECA: And then the test

18 period was removed with the superseding 2011

19 agreement?

20 MR. CHRISTACOS: Yes, that's

21 correct.

22 MR. FONSECA: And when you


1 clarified, because Mr. Jones had a good line

2 of questioning. I want to make sure it was

3 clear when you tried with Sall as to whether

4 or not there is a limiter that's in your sound

5 system?

6 MR. CHRISTACOS: Yes, we do have

7 capabilities of limiting the sound. I'm not

8 sure exactly what the component is called.

9 It's made by DBX. It's a processor. It's all

10 computerized.

11 It has to be accessed through

12 software by a laptop, and we don't have the

13 capabilities of doing that. We have to call

14 a sound person to come in and do that.

15 MR. FONSECA: And was that

16 readjusted as the result of last Friday's

17 testing?

18 MR. CHRISTACOS: Yes, it was.

19 MR. FONSECA: And to your

20 knowledge, what is it adjusted to now, or what

21 is the limit?

22 MR. CHRISTACOS: It is my belief


1 that it is adjusted even below the 88 dB's to

2 which we had got our last readings at because

3 we weren't able to completely finish the

4 testing because it was getting into business

5 hours where it was disrupting the business.

6 And I told Gerald that he kind of

7 had to wrap things up. So he wasn't able to

8 bring it, or to bring the measurement

9 equipment upstairs to see what that final

10 level was. But we had reduced it beyond the

11 88 dB's which he had measured upstairs and

12 then gone downstairs.

13 And we were communicating back and

14 forth to see where we would be compliant to

15 that 60 dB three feet away from the building.

16 MR. FONSECA: And to segue, that

17 60 dB reading has become a rather important

18 issue at this point in time, hasn't it?

19 MR. CHRISTACOS: Yes, I believe

20 so.

21 MR. FONSECA: And can you tell us

22 why?


1 MR. CHRISTACOS: Well frankly, 60

2 dB, you're never going to get to those levels

3 in our alley, ever I don't think unless, you

4 know, I can't even speculate to say what would

5 cause those levels.

6 But even when we were taking the

7 levels back there, we had to stop, you know,

8 for 20 minutes at a time because there was a

9 crane going off or something was going off and

10 we couldn't have this air conditioning unit

11 going and that air conditioning unit going.

12 So we were trying to get it down

13 to where the ambient levels were, you know, so

14 minimal that it would be the most minimal

15 ambient levels. And I don't think you'll ever

16 be able to achieve that on a normal day to day

17 function.

18 MR. FONSECA: So is it your

19 assessment that if you had all the mechanicals

20 on and other music going on as it is in that

21 common alleyway, you would be exceedingly

22 higher than 60 dB?


1 MR. CHRISTACOS: Could you repeat

2 the question?

3 MR. FONSECA: If all the

4 mechanicals are on and you have additional

5 music from other establishments playing, it

6 would be higher than the 60 decibel --

7 (Crosstalk)

8 MR. FONSECA: -- as an ambient --

9 MR. CHRISTACOS: I'm pretty sure,

10 yes.

11 MR. FONSECA: Do you know, well

12 are you aware that there's now a noise task

13 force enforcement?

14 MR. CHRISTACOS: Yes, we received

15 the letter from ABC I believe, or actually we

16 received a letter in the mail and then an

17 email on Thursday.

18 And yes, we're aware that they

19 started doing checks on establishments and

20 were going around and that they were going to

21 be unannounced. And we actually were not made

22 aware of any complaints or violations or


1 ticketed at all. But --

2 MR. FONSECA: So Ozio hasn't been

3 made aware that they were tested one way or

4 the other?

5 MR. CHRISTACOS: No, sir.

6 MR. FONSECA: Are you aware of any

7 establishments that were tested and may have

8 failed?

9 MR. CHRISTACOS: We did hear about

10 a bar over on Connecticut Avenue named RoseBar

11 that received a violation and now is being

12 closed, or I mean, I don't know if it's a fact

13 or saying it's just what we've been told that.

14 MR. FONSECA: And what is your

15 opinion of having to comply with regulators

16 testing you?

17 MR. CHRISTACOS: I am 100 percent

18 for it. When I was brought into this and my

19 license was protested, we were approached by

20 the neighborhood.

21 And we decided to sit down and

22 have a meeting even before the hearing. So


1 we've always had an open line of communication

2 with the neighbors. I sat down with Ms. Peck

3 and Ms. Nichols.

4 And they made aware to me that we

5 were not the problem and that they were sorry

6 that they just bunched us into a collective

7 group of offenders, and that we had a great

8 rapport with the neighbors, and that Jefferson

9 Row had not said anything about us.

10 Ms. Kappel spoke so highly of me

11 and the way I communicated with her. And then

12 as soon as I did not comply to their list of

13 demands, all of a sudden I was made into a

14 violator.

15 I was going to be put on the news

16 and everybody was going to tell, you know,

17 they were going to put my name out on what a

18 disruption to the neighborhood I was.

19 All of a sudden I became this bad

20 guy because I did not want to sign a list of

21 demands that I felt I had to bend over

22 backwards for. So I felt that the line of


1 communication as far as being neighborly and

2 friendly was cut right there.

3 MR. FONSECA: Are you still open

4 to complaints coming from Ms. Kappel or anyone

5 at the Jefferson Row?

6 MR. CHRISTACOS: Yes Mr. Fonseca,

7 we actually received a complaint, like we

8 said, a couple weeks ago where we did have a

9 huge jazz brass band. We didn't realize how

10 large of a band that a New Orleans Brass Band

11 band actually has.

12 And you know, we made a mistake on

13 that. And Ms. Kappel did call. And from what

14 we know, we did comply because we weren't able

15 to communicate back. But we tried to turn it

16 down and we didn't receive complaints from

17 anyone else.

18 MR. FONSECA: How late was this?

19 MR. CHRISTACOS: This was about, I

20 would say around 10 o'clock. I wasn't there,

21 so 9:30, 10 o'clock.

22 MR. FONSECA: Is there anything


1 else you would like to say?

2 MR. CHRISTACOS: The line of

3 communication is still open there. And you

4 know, we're willing to negotiate with people,

5 but we're not willing to change my whole

6 business.

7 And you know, after I spent a fair

8 amount of money to have somebody come and tell

9 me I need to change my business or have people

10 sleep upstairs where they're supposed to be

11 dancing, I don't think that's fair.

12 MR. FONSECA: And do you want to

13 be held hostage to any random citizen with a

14 hand held listening sound device to tell you

15 you're not in compliance?

16 MR. CHRISTACOS: We would rather

17 the City have somebody official come by and do

18 it just like they're doing it. And like I

19 say, we have complaints about the noise as

20 well.

21 It's just that we're the poster

22 child for everybody because we're the only


1 ones who have contact with the neighbors and

2 we're the only ones in the area I think that

3 have such a stringent voluntary agreement.

4 MR. FONSECA: No further

5 questions.


7 MS. PECK: Well, having just had

8 myself mentioned here, I have to say I am

9 going to say a few things on my own as well.

10 MR. FONSECA: Can I cross examine

11 you?

12 MS. PECK: Yes, you may because

13 this is a conversation that you've just

14 described that we never had. And I'm rather

15 stunned.

16 And I would love to know what the

17 list of demands are because the only thing I

18 remember asking you, sir, was to have you

19 comply with the law which may mean having to

20 turn down your sound.

21 And all we asked you for was a

22 chance to do a sound test like we've done with


1 other --

2 (Crosstalk)

3 MS. PECK: -- bars in the area.

4 So I would like to know what is it that this

5 unreasonable list of demands that I asked you

6 for. I would love to know.

7 MR. CHRISTACOS: I didn't read

8 through the whole white paper. But it was, as

9 far as changing the hours of my business,

10 removing --

11 MS. PECK: I didn't ask for this.

12 MR. CHRISTACOS: Wait.

13 MEMBER ALBERTI: Wait, Ms. Peck?

14 MS. PECK: Okay.

15 MEMBER ALBERTI: We can't have a

16 debate here.

17 (Crosstalk)

18 MEMBER ALBERTI: Wait Ms. Peck,

19 time out --

20 MS. PECK: -- state of shock.

21 Very surprised.

22 MEMBER ALBERTI: -- time out. Ms.


1 Peck. Please, please.

2 MS. PECK: Please go ahead.

3 MEMBER ALBERTI: Ms. Peck, look, I

4 gave you all the leeway hoping that you would

5 get to a question. You did. So if you want

6 to stay with that question, let him answer it.

7 Otherwise, you have to move on.

8 MS. PECK: I completely will allow

9 that to happen. Thank you.


11 MEMBER SILVERSTEIN: I'm sorry if

12 I exceeded the noise limit.

13 MS. PECK: Please tell me the list

14 of demands you think were made to you.

15 MR. CHRISTACOS: Well I got as far

16 as removing my speakers from the $1 million

17 addition that I just built and had been

18 functioning for the last three years without

19 any complaints.

20 And then all of a sudden, my

21 license goes for renewal and like I said, I'm

22 told I'm not the one violating but we're


1 including you in the group.

2 I think that would be I stopped

3 reading the list of demands right there. But

4 it was a pretty thick white paper.

5 MS. PECK: Do you have a copy of

6 the white paper?

7 MR. FONSECA: I didn't bring all

8 the reports.

9 MS. PECK: I happen to have a copy

10 of the white paper, so may I present it to him

11 and he can point out the list of demands?

12 MR. FONSECA: I think --

13 MEMBER ALBERTI: Wait, wait, wait.

14 Do you have an objection, Mr. Fonseca because

15 she's -- okay. I think --

16 (Crosstalk)

17 MEMBER ALBERTI: Let me understand

18 here where we're at.

19 (Crosstalk)

20 MEMBER ALBERTI: Mr. Fonseca,

21 please. Ms. Peck I think has asked to show

22 the witness some exhibit. Any objection, Mr.


1 Fonseca?

2 MR. FONSECA: No. But included in

3 what that packet was that he's, that when we

4 met is she had a proposed voluntary agreement.

5 I think that's the list of demands he's

6 talking about, which we normally don't put

7 those into the records because they're part of

8 a negotiation.

9 So I can't withdraw his comments,

10 but I think I would have to put that into

11 clarify what we're talking about.

12 MEMBER ALBERTI: I understand

13 that, and I appreciate your alerting me to

14 that and I will be alert to that as we move

15 forward.

16 Ms. Peck, we cannot enter into

17 evidence or have the Board discuss anything

18 about negotiations of a voluntary agreement

19 that may have occurred. So be mindful of

20 that.

21 MS. PECK: Right. So just to let

22 you know what this is, this is a white paper


1 which is available on our website,

2 DCNightLifeNoise.com. And it basically is a

3 statement of the law. Okay, this is a white

4 paper.

5 MEMBER ALBERTI: Okay. So you

6 want to present that to the --

7 MS. PECK: I will. And I just

8 want to tell you now that I have some further

9 information that one the back, Tab D, is a

10 generic proposed settlement agreement that is

11 based on having seen other settlement

12 agreements that have been proven effective in

13 the community.

14 These kinds of things are normally

15 negotiated. So this is certainly not a list

16 of demands. This is a white paper stating the

17 law and --

18 MEMBER ALBERTI: Okay. All right,

19 so let me ask you about the second half of

20 that.

21 MS. PECK: Yes.

22 MEMBER ALBERTI: That standard


1 voluntary agreement, whatever you want to call

2 it, was that presented to the licensee as part

3 of negotiations?

4 MS. PECK: It was presented as

5 part of the white paper that was handed over

6 to his attorney and to him in the meeting that

7 we had.

8 MEMBER ALBERTI: Was that to

9 discuss a voluntary agreement?

10 MS. PECK: Yes. We would have

11 liked --

12 MEMBER ALBERTI: Okay. So let's,

13 I don't know where going down with this road.

14 So since the second one was portrayed as the

15 settlement agreement, I'm not going to allow

16 that one to come into the record. What's the

17 first half of this now?

18 MS. PECK: Okay, well I am

19 responding to a very surprising turn of events

20 where I find myself being the person who has

21 been accused of doing something that there's

22 no relation to reality.


1 So let me just formulate a

2 question and I will try to get myself back

3 into the mode of representative.

4 MEMBER ALBERTI: I will tell you

5 that this Board is expert at filtering.

6 MALE PARTICIPANT: I've been

7 accused of a lot of things.

8 MEMBER ALBERTI: Wait, wait,

9 please. This Board is expert at filtering

10 what we hear. So --

11 MS. PECK: Thank you. That's,

12 okay.

13 MEMBER ALBERTI: And if it's not

14 backed up by fact, it doesn't get considered.

15 So please continue.

16 MS. PECK: Okay. Well, let's see.

17 I'm sorry that you felt that way, and we would

18 appreciate the opportunity to talk to Ozio to

19 resolve this dispute. So certainly, I just

20 want to throw that out there.

21 I do have a few further questions

22 for you. One is we were at your establishment


1 on Saturday, March 8th, 9th, which is when

2 this video was taken. And DJ's were operating

3 there at the time.

4 And I just had a few questions

5 about DJ's when they operate there. So this

6 DJ was not a house employee. This is somebody

7 that you contract with who comes in?

8 MR. CHRISTACOS: I don't know who

9 was working that night.

10 MS. PECK: Okay. Well there was a

11 DJ spinning music up there. And is it when

12 you have a contract DJ come in, do they bring

13 their own sound system, or how does that work?

14 MR. CHRISTACOS: No, they bring

15 their music and that's it.

16 MS. PECK: And they plug into

17 what's already there?

18 MR. CHRISTACOS: Yes, that's

19 correct.

20 MS. PECK: Okay. And why did you

21 call back your sound engineer to come back out

22 and conduct additional testing?


1 MR. CHRISTACOS: Because I felt it

2 would be cheaper than going through the trial

3 process again or losing my license or having

4 to hire a lawyer to do all these things.

5 MS. PECK: You said that he

6 stopped the test because the patrons were

7 arriving. Did you plan to continue the test

8 to wrap that up?

9 MR. CHRISTACOS: If we feel like

10 we're getting violations, which I know that I

11 am not a violator, if we feel like we're

12 getting violations, then we feel then we'll

13 have to. We'll be forced to, I guess, yes.

14 But right now I know I'm not the cause of the

15 neighborhood's problems.

16 MS. PECK: So the sound engineer

17 testified that at 88 decibels with the roof

18 closed, it was basically 60 or so. In other

19 words, not much of the ambient sound in the

20 alley. So we know that.

21 We don't know what happens when

22 it's 88 and, well we do know what happens when


1 it's set at 88 and the roof is open, it

2 measures 70 decibels down there, which is

3 about a ten decibel spread.

4 My question is what do you intend

5 to do about that? How will your business

6 practice be adjusted, if at all, to

7 accommodate that information?

8 MR. CHRISTACOS: Well, when those

9 readings were taken, we had adjusted the

10 levels to where everything was redlining. And

11 I don't know if you guys know what redlining

12 is, but it means that there's actually

13 distortion being caused -- in the music that

14 way.

15 And Mr. Henning took the reading

16 upstairs, went downstairs, got the reading of

17 88, and when we were still too high, we kept

18 bringing the levels down until we thought it

19 was pretty close to that 60, 63 with the

20 ambient music.

21 And that's with all the way up.

22 We locked the system. Mr. Henning never had


1 a chance to come back up and take readings to

2 see what that decibel reading was.

3 But I feel now that it is low

4 enough. I mean, this weekend we could hear

5 the conversation of people over our music.

6 And it was all the way up.

7 MS. PECK: So are you going to

8 have him come back in, at least tell you what

9 that decibel reading is?

10 MR. CHRISTACOS: If I get fined,

11 yes. Or if I feel there is problem, yes.

12 MS. PECK: Okay. But for now, the

13 plan is to it's been locked into place, it's

14 been lowered below 88, and it cannot be --

15 MR. CHRISTACOS: That is my

16 understanding. Yes, we did get it below that

17 88 level, yes.

18 MS. PECK: Okay. And what is your

19 plan with respect to roof open, roof closed?

20 What will you do with that?

21 MR. CHRISTACOS: I was hoping just

22 to have the same sort of agreement that where,


1 you know, if it came to be a problem, the

2 neighbors would let us know.

3 You know, I mean, it didn't seem

4 to be a problem for three years until now,

5 until other places started opening up and

6 people started protesting our license.

7 We would like to keep an open line

8 of communication and make sure that, you know,

9 if it is too loud with the roof open, we'll

10 have to do something where we'll keep the roof

11 closed which we try to do anyways during the

12 later parts.

13 You know, I can respect the

14 neighborhood. We usually wind up closing half

15 of the side which faces the townhouses. We're

16 trying, we're trying.

17 But without the communication, the

18 lack of communication, we've gotten I think

19 maybe three or four phone calls. I think

20 we've gotten maybe two or, you know, two or

21 three, three phone calls at the most for

22 complaints.


1 And for us to be aware of that

2 we're a problem, it's really hard when in four

3 years you've only gotten not even a handful of

4 complaints.

5 MS. PECK: Okay. No further

6 questions.

7 MEMBER ALBERTI: Great, thanks.

8 Questions from the board? Any questions from

9 the Board? Are you going to --

10 MEMBER JONES: Oh, you want me to

11 go first?

12 MEMBER ALBERTI: Yes, go ahead.

13 MEMBER JONES: All right, that's

14 fine. I need to record this time.

15 MEMBER ALBERTI: And I'll see if I

16 have any follow up after that.

17 MEMBER JONES: All right. Sir, so

18 in terms of when the first time that you had

19 a sound engineer come back out after the 2010

20 test was this Friday?


22 MEMBER JONES: Okay. So from 2010


1 until this Friday, you were operating

2 potentially at a higher level than what was

3 established by the sound engineer based on his

4 assessment analysis done on this Friday?

5 MR. CHRISTACOS: We were operating

6 at that same level, which had been set at

7 2010.

8 MEMBER JONES: That doesn't

9 comport with I thought I heard you just say,

10 or what the sound engineer testified to. So

11 maybe I'm just misunderstanding. So there was

12 a level that was set in 2010?


14 MEMBER JONES: Right. And you're

15 saying, were you set at that level when the

16 sound engineer came by and did his analysis?

17 MR. CHRISTACOS: The first time.

18 The second time?

19 MEMBER ALBERTI: I think he means

20 this past Friday.

21 MR. CHRISTACOS: This past Friday

22 were we set? Yes. That was --


1 MEMBER JONES: So you were set

2 this past Friday and 2014 levels were exactly

3 the same ones as the 2010 levels?


5 MEMBER JONES: Okay. So when you

6 were saying that you made efforts to turn it

7 down, why was that necessary if you were set

8 at the exact same levels?

9 MR. CHRISTACOS: Because the

10 levels were taken three feet away from the

11 building as opposed to 60 feet away from our

12 building where our voluntary agreement had

13 agreed with those numbers before.

14 The levels were being taken 60

15 feet away where they were okay and they were

16 allowed by the residents. But in 2014, the

17 levels would be taken three feet away from the

18 building, which now they're saying is the new

19 regulation. So the levels were higher.

20 MEMBER JONES: So that regulation

21 wasn't in place in 2010?

22 MR. CHRISTACOS: Yes the


1 regulation was in place, but the regulation

2 where we had to measure was not in place. We

3 were measuring from the apartments. We were

4 not measuring from the bottom of the building.

5 MEMBER JONES: But was the

6 regulation in place?

7 MR. CHRISTACOS: The levels were

8 lower because we were standing at the bottom

9 of the building taking those measurements as

10 opposed to down the alley, 160 feet away.

11 MEMBER JONES: But you contracted

12 this individual, correct?

13 MR. CHRISTACOS: My attorney did.

14 MEMBER JONES: Well, somebody

15 under your guidance contracted this

16 individual?

17 MR. CHRISTACOS: No sir. It was

18 not under my guidance.

19 MEMBER JONES: Well how is it that

20 your attorney, he acted against your guidance,

21 or not in concert with your guidance.

22 MR. CHRISTACOS: No, I took his


1 advice.

2 MEMBER JONES: Okay, so you took

3 his advice.


5 MEMBER JONES: So you are aware of

6 and cognizant and participating in --

7 MR. CHRISTACOS: I don't

8 understand what and cognizant means.

9 MEMBER JONES: Were you aware of

10 the fact that a sound engineer was coming to

11 do a sound test at your location in 2014?

12 MR. CHRISTACOS: Yes sir, yes sir.

13 MEMBER JONES: Did you pay him?

14 MR. CHRISTACOS: Not yet.

15 MEMBER JONES: Is your intent to

16 pay him?

17 MR. CHRISTACOS: Yes it is.

18 MEMBER JONES: Okay. The

19 requirements by which this engineer, the

20 requirements by which this individual operated

21 under were requirements that you or someone

22 under your guidance and/or direction gave to


1 this individual?

2 MR. CHRISTACOS: Michael said we

3 need a sound guy. And I said okay, what's he

4 going to do. It's not like I told him you're

5 going to do this, you're going to do that and

6 you're going to give me these results. If

7 that's what you're trying to get at, that's

8 not what I did. We used --

9 MEMBER JONES: Well so I'm just,

10 I'm confused --

11 MR. CHRISTACOS: -- the same

12 gentleman we used in 2010 that we got out of

13 the Yellow Pages or I don't know where Michael

14 got him from, but --

15 MEMBER JONES: So you used the

16 same guy, but you --

17 MR. CHRISTACOS: -- I did not give

18 him any guidelines. I did not --

19 MEMBER JONES: You used the same

20 guy, but you didn't use the same process. So

21 you're comparing apples and oranges.

22 MR. CHRISTACOS: The process was


1 exactly the same.

2 MEMBER JONES: It doesn't sound

3 like it based on what you just said, because

4 you said you took measurements from 60 feet

5 away in 2010 and now you're taking

6 measurements from three feet away in 2014.

7 MR. CHRISTACOS: I guess that

8 would be a comparison of apples and oranges,

9 yes.

10 MEMBER JONES: Exactly. So what

11 was your objective in performing this study,

12 because you're relying on that heavily to say

13 that hey, we're not the problem because we had

14 a sound engineer that came in in 2014, and we

15 made adjustments based on what he told us in

16 2014.

17 But the adjustments he made

18 weren't apples to apples adjustments, they

19 were apples to oranges adjustments. So what

20 have you really done to make sure that you are

21 helping the situation that you claim that

22 you're trying to help.


1 MR. CHRISTACOS: I have made the

2 fruit even sweeter, since we're talking about

3 fruit. I've made the fruit even sweeter by

4 saying three feet from our building you can

5 only hear 60 dB's, as opposed to 2010 it was

6 160 feet from my building you can hear 60, 63

7 dB's.

8 MEMBER JONES: Okay, but you have

9 no measures -- well what was that number set

10 at? I think did you indicate what you know

11 that number to be?

12 MR. CHRISTACOS: I don't remember.

13 MEMBER JONES: You don't know?

14 MR. CHRISTACOS: Two eighty eight?

15 What number are we talking about?

16 MEMBER JONES: We're talking about

17 the number that the sound engineer, the number

18 about which you made the fruit sweeter was

19 defined by --

20 MR. CHRISTACOS: Lower than 88.

21 MEMBER JONES: And how do you know

22 that?


1 MR. CHRISTACOS: Because as we

2 were doing the testing, it was set at 88 and

3 then we brought it down lower. But Mr.

4 Henning was not able to go upstairs and

5 measure because we were open for business.

6 MEMBER JONES: So you don't know

7 what it was for sure?

8 MR. CHRISTACOS: Don't know what

9 it was for sure.


11 MR. CHRISTACOS: But I know it was

12 lower.

13 MEMBER JONES: Is it fixed at that

14 level now?

15 MR. CHRISTACOS: Yes it is.

16 MEMBER JONES: How?

17 MR. CHRISTACOS: Through a DBX

18 processor that I was talking about where the

19 gentleman has to come in with a piece of

20 software, plug his laptop into the back of the

21 processor and change the levels from there.

22 MEMBER JONES: Do you know how it


1 works specifically?

2 MR. CHRISTACOS: I don't.

3 MEMBER JONES: Okay. So you just

4 know that in order for you to change the

5 levels up or down, the individual has to come

6 in with his laptop and change it. So you

7 don't know if it's a relative measure or is it

8 a cap? In other words, the guy comes in with

9 his laptop, does he have the ability --

10 MR. CHRISTACOS: I think he has

11 the ability to set it at a dB, if that's what

12 you're asking me.

13 MEMBER JONES: No, no, no. So

14 volume, typically the output from, a signal

15 output is going to be a relative measure,

16 right?

17 So if I had a laptop that's

18 producing a signal and it's sending that

19 signal to an amplification device, it's a

20 relative measure as to what input it's

21 receiving. And it's going to amplify based on

22 that relative measure.


1 MR. CHRISTACOS: I'm not sure

2 exactly what you're talking about. The

3 adjustments were being done simultaneously

4 with the testing Mr. Henning was doing.

5 So it's not the source. The

6 source is not the laptop. The laptop is just

7 the tool used to adjust the levels. Like, you

8 can't go to a thing and turn it, it has to be

9 done, the processor has to be plugged into a

10 laptop and then --

11 MEMBER JONES: When you have DJ's

12 come to your establishment, do they ever have

13 output coming from a laptop? Or is it always

14 turntables?

15 MR. CHRISTACOS: It's not --

16 MEMBER JONES: Yes or no.

17 MR. CHRISTACOS: They have laptops

18 coming from an output.

19 MEMBER JONES: Okay. So there is

20 a possibility that you have a laptop that is

21 a source.

22 MR. CHRISTACOS: Of music?




3 MEMBER JONES: Okay. The relative

4 measure, right, the level that's coming out of

5 your laptop, there's a volume control that you

6 have on your laptop that adjusts the amplitude

7 of the signal that's coming out of your

8 laptop.

9 What I'm trying to figure out from

10 you is do you have knowledge of whether or not

11 your limiter limits based on a firm cap, or

12 does it limit it based on a relative measure.

13 MR. CHRISTACOS: A firm cap.

14 MEMBER JONES: Okay. And how do

15 you know that?

16 MR. CHRISTACOS: A firm cap

17 because the source is not the laptop.

18 MEMBER JONES: No, the source is

19 the laptop, you just said that.

20 MR. CHRISTACOS: Yes, the source

21 from the music may be a laptop. But the

22 laptop that the gentleman uses to adjust the


1 equipment is not plugged into the DJ

2 equipment. It's been plugged into the back of

3 the processor. It has nothing to do with

4 where the music comes out of.

5 MEMBER JONES: So the guy with the

6 laptop that makes the adjustments, he's done.

7 You have a DJ that comes in with a laptop. He

8 plugs into your sound system.

9 The limit has been set. I'm just

10 trying to understand is it a cap, limit, hard

11 limit, or is it a relative limit?

12 MR. CHRISTACOS: It's a hard

13 limit. He can't go --

14 MEMBER JONES: How do you know

15 that? That's what I'm trying to figure out.

16 MR. CHRISTACOS: I mean, unless

17 the processor lies, I can't say what, because

18 that's what the job of the processor is

19 supposed to be doing.

20 MEMBER JONES: Okay. So does

21 anyone outside --

22 MR. CHRISTACOS: Processor,


1 crossover, limiter, compressor, suppressor are

2 all in one. I don't know how they work, all

3 I know is that the function of it--

4 MEMBER JONES: Do you know what

5 they're supposed to do?

6 MR. CHRISTACOS: The function of

7 this machine, it's a $2,400 machine. Its

8 function is to process all your music and be

9 able to set it at a level where nobody can

10 adjust it.

11 No DJ's can go back, no managers

12 can go back, nobody can go back there and

13 adjust them.

14 MEMBER JONES: Okay, so no one

15 within your shop has the ability to turn up

16 the amplifier?

17 MR. CHRISTACOS: No.


19 amplifier is set at what level right now in

20 order to ensure --

21 MR. CHRISTACOS: All the way. All

22 the way max.


1 MEMBER JONES: You have your

2 amplifier all the way up?

3 MR. CHRISTACOS: All the way max.

4 MEMBER JONES: Okay, that's fine.

5 MR. CHRISTACOS: But the sound is

6 limited through a suppressor.


8 MR. CHRISTACOS: The way music

9 works, you have an amplifier. An amplifier

10 runs through a crossover, goes into an EQ

11 through a processor. That's what supplies all

12 the music.

13 That's where all the music is

14 being distributed from. This is where the

15 music is being limited at. Where it doesn't

16 matter whether --

17 MEMBER JONES: Where's the this?

18 MR. CHRISTACOS: -- I turn my

19 limits all the way down or all the way up --

20 MEMBER JONES: Sir, when you say

21 this is where the music's being limited at,

22 what's the this? What's that component?


1 MR. CHRISTACOS: What is the

2 component?


4 MR. CHRISTACOS: A DBX --

5 MEMBER JONES: No, what is it? Is

6 it an amplifier, is it a crossover, is it a

7 limiter?

8 MR. CHRISTACOS: It's all three in

9 one.


11 MR. CHRISTACOS: I can Google it

12 for you. Show you a picture of it.

13 MEMBER JONES: Well, got it. So

14 that's your method of measure process for

15 controlling the sound and the volume?


17 MEMBER JONES: So between 2010 and

18 2014, you're operating at levels higher than

19 that, then what it is currently set at,

20 correct?

21 MR. CHRISTACOS: Higher than what?

22 MEMBER JONES: Higher that what it


1 is, well you tell me. You said it's set at

2 some level, what is that level?

3 (Crosstalk)

4 MEMBER JONES: You said your

5 amplifier's turned to what, your amplifier's

6 turned up to the max. Right, so there's

7 something else that's limiting it, right? You

8 said it's all one box, it's all one element.

9 So if it's all one element and the

10 amplifier's turned up to the max, there must

11 be some other element or component that you're

12 setting in order to bring that level down.

13 What is that level at?


15 understand.

16 MEMBER ALBERTI: May I interject?


18 MEMBER ALBERTI: I think if I

19 understand, and I don't know if this is

20 accurate, but I think what I understand Mr.

21 Christacos to be saying --

22 MR. CHRISTACOS: Chris tacos.



2 MR. CHRISTACOS: Christacos.

3 MEMBER ALBERTI: I'm sorry. So

4 saying is that the limiter, the compressor,

5 all right, is programmed. But he doesn't know

6 what those program settings are. Is that what

7 you're saying?


9 Or how to program it.

10 MEMBER ALBERTI: Okay. Or how to

11 program it, right.

12 MEMBER JONES: But you know

13 they're lower than --

14 MR. CHRISTACOS: I know it's

15 either, you know --

16 MEMBER JONES: Are they lower --

17 MR. CHRISTACOS: -- below.

18 MEMBER JONES: Are they lower than

19 what they were in 2010?

20 MR. CHRISTACOS: Yes they are.

21 MEMBER JONES: So is it fair to

22 say that from 2010 to 2014, you were operating


1 at levels higher than what you are currently

2 set at today?

3 MR. CHRISTACOS: I think that's

4 what the charts show, yes.

5 MEMBER JONES: When you say you

6 think that's what the charts show --

7 MR. CHRISTACOS: All the evidence

8 admitted by the sound engineer shows that

9 evidence.

10 MEMBER JONES: The only evidence

11 that I know of, that I have is Exhibit 1. Is

12 there an exhibit that you submitted a report

13 for the 2014 analysis?

14 MR. FONSECA: Just his verbal

15 today.

16 MEMBER JONES: Okay, so just his

17 testimony.

18 MR. FONSECA: Just the testimony,

19 not --

20 (Crosstalk)


22 MR. CHRISTACOS: -- trying to say


1 --

2 MR. FONSECA: I'm just going to

3 hand the witness Exhibit 1 so he has it there.

4 MEMBER JONES: And did you feel

5 like you were within, you said you had no

6 complaints over the three years roughly from

7 2010 to 2014?

8 MR. CHRISTACOS: I wouldn't say no

9 complaints. I said we had less than a handful

10 of complaints.

11 MEMBER JONES: Less than a handful

12 complaints from 2010 to 2014?


14 MEMBER JONES: So what was the

15 overriding driver for you to make that change

16 to bring it down more if you felt like you

17 were compliant?

18 MR. CHRISTACOS: This trial.

19 MEMBER JONES: Just because we

20 covered this here today?


22 MEMBER JONES: Okay, so the only


1 reason you're making this change that you're

2 making right now is based on trying to sweeten

3 the pot for the protestants?

4 MR. CHRISTACOS: I'm trying to

5 cooperate with the neighborhood. I mean,

6 we're trying to get along.

7 It's not like some other people

8 were saying where we were completely not, you

9 know, like I said, in the beginning of the

10 meetings, I was a great neighbor, people were

11 more than willing to work with me.

12 And then when I wasn't agreeing to

13 sign an agreement without, you know, having my

14 rights being heard first, you know, then

15 things went sour.

16 And we decided that, you know, no

17 business likes to spend four days out of their

18 business time to come to trials and mediation

19 and things like that. We've all got better

20 things to be doing, especially when you got a

21 business to run.

22 And now my expenses go up more,


1 you know, because I got to pay an attorney.

2 I got to pay a sound guy. See, these aren't

3 things I want to do. These are things I'm

4 voluntary doing like my first voluntary

5 agreement.

6 I didn't have to sign a voluntary

7 agreement. I could have gone to trial. I

8 could have gone to my hearing and I would have

9 probably gotten away without having a

10 voluntary agreement because the mediator told

11 me that because Ozio in 19 years has not had

12 any complaints from neighbors or anyone or

13 anything. And we've been in this neighborhood

14 for 14 years.

15 MEMBER JONES: So you had

16 complaints from 2010 to 2014 related to sound,

17 you said roughly about five? Give or take?

18 MR. CHRISTACOS: Less than five.

19 MEMBER JONES: Are those

20 documented?


22 MEMBER JONES: Okay. What were


1 the nature of those complaints? Were they

2 sound related?

3 MR. CHRISTACOS: Sound related.

4 MEMBER JONES: Okay. And what

5 steps did you take to mitigate those concerns?

6 MR. CHRISTACOS: I sent my manager

7 over to the complainant's apartment to go find

8 out if it really was our music. And --

9 MEMBER JONES: What was the

10 outcome of those?

11 MR. CHRISTACOS: The outcome was

12 they found it was coming from somewhere else.

13 And that's been our statement all along that

14 it's not us. It's coming from other sources.

15 MEMBER JONES: Okay, and do you

16 have a process for verification?

17 MR. CHRISTACOS: I can show you a

18 video of my own if you let me submit it?

19 MEMBER JONES: Well just to be

20 clear, I'm not preventing you from submitting

21 anything --

22 MR. CHRISTACOS: Yes, yes. When I


1 can hear my own music inside my restaurant and

2 I can walk outside my establishment and I hear

3 my neighbor's music? Yes.

4 MEMBER JONES: No, no, no. I'm

5 talking about --

6 (Crosstalk)

7 MR. CHRISTACOS: -- I have ways.

8 I just listen to it.

9 MEMBER JONES: The sound

10 complaints.

11 MR. CHRISTACOS: The sound

12 complaints?

13 MEMBER JONES: Yes. When you had

14 issues related to sound where the community

15 was complaining, you're saying that the

16 process you used was you sent your manager out

17 to verify at that individual's location to

18 confirm --


20 MEMBER JONES: -- that the sound

21 was not coming from your establishment. And

22 you did that.



2 MEMBER JONES: I'm asking how did

3 you confirm, what was your verification? Did

4 you get corroboration of that from the actual

5 complainant?


7 MEMBER JONES: You did, okay.

8 MR. CHRISTACOS: Not me, myself

9 personally. But my manager did.

10 MEMBER JONES: Okay, so the

11 manager reported --

12 MR. CHRISTACOS: And ABRA was

13 called one time as well, too, I believe where

14 a manager actually walked outside with the

15 ABRA Investigator and noticed that it was

16 coming from a different location.

17 MEMBER JONES: Okay, thank you.

18 Thank you, Mr. Chair.


20 Jones. Mr. Christacos, I just want to follow

21 up, please. So Mr. Jones talked about a DJ

22 coming up, plugging in his laptop, all right.


1 So I'm trying to understand this.

2 So my question is can that DJ alter the level

3 of the sound by controlling the volume control

4 on his laptop?

5 MR. CHRISTACOS: Not past where we

6 have it set at. He could lower it, but he

7 cannot go above the level we set.

8 MEMBER ALBERTI: That's

9 intriguing. So how do you know when he plugs

10 it in, it's not at its lowest level?


12 understand. He can go up to a certain level

13 that we have set.

14 MEMBER ALBERTI: You know, I know.

15 But I'm no electronic engineer, but I know

16 enough to know that if you plug in different

17 laptops, you're going to get different

18 results. So how do you control that?

19 I mean, how do you know that you

20 haven't exceed some sound level that you're

21 relying on because somebody comes in with a

22 laptop that produces --


1 MR. CHRISTACOS: I guess that's up

2 for --

3 MEMBER ALBERTI: -- more power.

4 MR. CHRISTACOS: -- the City to

5 decide, isn't it?

6 MEMBER ALBERTI: Pardon?

7 MR. CHRISTACOS: I guess that's up

8 for the City and the task force to decide

9 whether I'm, you know, abiding by the law or

10 --

11 (Crosstalk)

12 MEMBER ALBERTI: Okay, I'll take

13 that as your answer. But okay, so now let's

14 go back to the test. What was the sound

15 source for the test?

16 MR. CHRISTACOS: It was a CD

17 player.

18 MEMBER ALBERTI: A CD player, not

19 a -- okay. And what was the level of the

20 sound set on that CD player?

21 MR. CHRISTACOS: Maxed out all the

22 way.



2 MR. CHRISTACOS: Mids were all the

3 way up, the highs were all the way up, the

4 bass was all the way up. Everything was

5 redlining, everything was distorted.

6 MEMBER ALBERTI: On what?

7 MR. CHRISTACOS: On the mixer.

8 MEMBER ALBERTI: On the mixer,

9 okay. And the source was pumping out as much

10 power as it could? The CD player?


12 MEMBER ALBERTI: Some CD players

13 have a volume control, some don't. I mean,

14 some it's not active when you're outputting,

15 some is. But this one --

16 MR. CHRISTACOS: Yes, our test was

17 done to make sure that we are complying.

18 We're not trying to finagle --


20 that.

21 MR. CHRISTACOS: -- or sneak

22 something.



2 that, but we're just trying to understand how

3 you know. Look, we're just trying to

4 understand how you know that in the future --

5 MR. CHRISTACOS: I know by taking

6 --

7 MEMBER ALBERTI: -- in the future

8 there isn't some, you know, that the sound is

9 -- we want to understand how you can be so

10 confident that the sound is being controlled.

11 And I'm not getting that, to be

12 honest with you. So that's my question. All

13 right. Do you know the model of the

14 compressor? The --

15 MR. CHRISTACOS: A DBX 9.

16 MEMBER ALBERTI: DBX 9?

17 MR. CHRISTACOS: I believe so.

18 MEMBER ALBERTI: Okay. Thank you.

19 Oh, one last question. So your technician

20 comes in, sets it on his computer and

21 everything, okay. Do you get any information

22 back from him on how he set this?


1 MR. CHRISTACOS: As far as? He

2 says okay cool, I got it set.

3 MEMBER ALBERTI: And that's it?

4 MR. CHRISTACOS: And that's it.

5 MEMBER ALBERTI: So you don't get

6 any documentation, there's nothing there?

7 MR. CHRISTACOS: I mean, is it --

8 (Crosstalk)

9 MEMBER ALBERTI: If he has to come

10 back in next year for some reason, back in six

11 months --

12 MR. CHRISTACOS: No, we don't get

13 documentation or anything.

14 MEMBER ALBERTI: If he has to come

15 back in six --

16 MR. CHRISTACOS: I just get a bill

17 for it, that's it.

18 MEMBER ALBERTI: All right, so he

19 comes back in six months and fiddles with it,

20 all right, how are you going to tell that it

21 is the same levels as you currently have?

22 MR. CHRISTACOS: Well, I mean, I


1 guess --

2 MEMBER ALBERTI: Would you hire

3 another sound engineer?

4 MR. CHRISTACOS: -- that's kind of

5 speculating now, isn't it? I mean --

6 MEMBER ALBERTI: Well would you

7 hire another --

8 MR. CHRISTACOS: I might not even

9 have the same guy come back or --

10 MEMBER ALBERTI: Great, so you

11 don't have the same guy back. So the new guy

12 comes in and fiddles with it. Do you hire a

13 new sound engineer to measure the sound level?

14 What do you do?

15 MR. CHRISTACOS: That's a good

16 question. I mean, I'll wait for my next

17 protest hearing. I don't know.

18 MEMBER ALBERTI: Okay, it's an

19 honest answer. It's an honest answer.

20 MR. CHRISTACOS: I don't know, I

21 mean --

22 MEMBER ALBERTI: All right, but


1 that's the problem I'm having. So all right.

2 MR. CHRISTACOS: The thing is we

3 have it set. There's no way anybody can go in

4 and change the levels on it unless a freak act

5 of something comes in where, you know,

6 somebody breaks into my restaurant under

7 unbeknownst to me and plugs their computer in,

8 happens to find where all my stereo equipment

9 is and goes and changes. I mean, there's

10 always possibilities yes.

11 MEMBER ALBERTI: Okay, all right,

12 thank you. Mr. Rodriguez?

13 MEMBER RODRIGUEZ: Mr. Christacos,

14 thank you. I'm interested in the human

15 relations part of this because, you know,

16 technology probably is beyond me.

17 But before the technology came the

18 people. And I'm interested in the kind of

19 relationships that we establish here because

20 we're not exactly, you know, an urban enclave

21 like people want.

22 We try to create, I guess, a


1 suburban oasis of some kind. But we do have

2 to share this urban marketplace and place

3 where people live, do business, job creation.

4 So I'm interested in the human

5 component of this. And I get a sense about

6 you that you really take great pride in your

7 relationships with the community being a

8 corporate citizen. So how long has Ozio been

9 in business?

10 MR. CHRISTACOS: We've been in

11 business since December 1995.

12 MEMBER RODRIGUEZ: 1995. And how

13 long have you been in a leadership position

14 with Ozio's?

15 MR. CHRISTACOS: Since the very

16 beginning.

17 MEMBER RODRIGUEZ: Since the

18 beginning. So what kind of relationships have

19 you established with your neighborhood, your

20 community?

21 MR. CHRISTACOS: I think a pretty

22 good relationship. As far as I know, I mean,


1 I think we've established a good relationship.

2 Talking with all my neighbors, from what I

3 know people speak highly of me.

4 MEMBER RODRIGUEZ: So I gather

5 that it kind of upset you that people may

6 think that you're not a good citizen in the

7 community?

8 MR. CHRISTACOS: What upsets me is

9 when people know that I am being a good

10 citizen and I'm grouped into this group just

11 because I have a rooftop or because I'm part

12 of a group or I've been made part of a group

13 when I shouldn't be part of that group.

14 MEMBER RODRIGUEZ: So I get a

15 sense that you're the kind of person that is

16 willing to work out solutions to the human

17 challenges that we have.

18 MR. CHRISTACOS: Reasonable

19 solutions, correct sir.

20 MEMBER RODRIGUEZ: Okay. So I

21 just have one last question. Do you think

22 there's an opportunity to work out something


1 with your protestors?

2 MR. CHRISTACOS: I believe there's

3 more than a great possibility to work

4 something out with protestors.

5 MEMBER RODRIGUEZ: I have no more

6 questions, thank you.

7 MEMBER ALBERTI: Mr. Short?

8 MEMBER SHORT: Yes, Mr.

9 Christacos. I would just like to, I heard

10 testimony from your manager about live bands.

11 MR. CHRISTACOS: Yes, sir.

12 MEMBER SHORT: So there'll be no

13 more in your establishment, is that what I

14 heard him say today?

15 MR. CHRISTACOS: We haven't

16 decided on that. But we know we won't be

17 doing them on the rooftop anymore.

18 MEMBER SHORT: So if you were to

19 come back before this board and that were to

20 happen, after hearing your testimony and your

21 manager's testimony, then you know you would

22 have broke your trust with this Board, is that


1 correct?

2 MR. CHRISTACOS: We haven't

3 discussed procedures yet. I guess those will

4 be discussed following the hearing and the

5 results of the hearings. And then hard rules

6 and regulations will be written.

7 MEMBER SHORT: Okay, so he said,

8 because your manager's testimony was there'll

9 be no more bands, and you're saying that

10 that's not true.

11 MR. CHRISTACOS: I'm saying there

12 will be no more bands on the rooftop.

13 MEMBER SHORT: Okay, thank you.

14 That's all I wanted.


16 MEMBER JONES: Just a quick follow

17 up. So do you plan on having policies and

18 procedures in place to ensure that when you

19 have your technician that comes out to fiddle

20 with the sound system to ensure that he

21 doesn't, or they or her or them, whatever the

22 case may be, do not increase it or change the


1 limit threshold anywhere above where it is

2 right now.

3 And if so, what are those

4 procedures. And if you don't have them, do

5 you plan on documenting them? Compound

6 question, but I just want you to jump in.

7 MR. CHRISTACOS: I can explain

8 that we don't have the procedures because we

9 don't know what the outcome is going to be.

10 We haven't really had to have procedures other

11 than what the voluntary agreement states was

12 that if we have a problem, we deal with it, we

13 write it down and then we come back to it.

14 MEMBER JONES: So this question

15 actually --

16 MR. CHRISTACOS: Now it's gotten a

17 little bit trickier and we know that not

18 everybody is as friendly as I am. Yes, we

19 have to make the rules very strict.

20 MEMBER JONES: So just to make

21 sure it's clear, this has nothing to do with

22 the people aspect of it. This is strictly


1 related to your employees, your staff, and

2 others that are completely within your

3 control.

4 Right, so you said you went

5 through great pains to pay an engineer and to

6 pay someone to come out and a technician come

7 out and set the threshold on your limiter to

8 some value that you don't know what it is.

9 My question to you is to ensure

10 that the situation that Mr. Alberti, Board

11 Member Alberti pointed to doesn't come to

12 fruition, do you have in place currently

13 policies and procedures to prevent a

14 technician from coming in and changing that

15 threshold to something higher than what you

16 want it to be, and/or if you don't, is that

17 something that you would consider doing?

18 MR. CHRISTACOS: I mean, keys to

19 the door I think would be policy enough. I

20 mean, there's no way a technician could get in

21 there without me opening up for him.

22 MEMBER JONES: The challenge I


1 have with that is you have no clue what he's

2 doing, right? You said it yourself. You

3 don't really understand what he's doing.

4 MR. CHRISTACOS: Somebody is

5 inside my restaurant and I don't know what

6 they're doing. I can't say that something can

7 never happen.

8 MEMBER ALBERTI: Excuse me. Piece

9 of equipment breaks. Electronics burn out.

10 Continue, Mr. Jones. Just trying to be

11 helpful here.

12 MEMBER JONES: I take it that

13 you're not understanding what it is that I'm

14 asking because I think the --

15 MR. CHRISTACOS: Probably not.

16 MEMBER JONES: -- question is

17 probably far simple, I was hopeful that the

18 answer would be far simpler than what it is

19 than I'm getting from you.

20 You have a technician that comes

21 in, you're not completely cognizant and aware

22 of how he does what he does. You're just hey,


1 it's broken. I need you to fix it.

2 You pay somebody to come to fix

3 it. In the process of them fixing it, there's

4 nothing that you know of exactly that's going

5 to keep them from setting that threshold a

6 little bit higher than what it was before

7 because in the process of troubleshooting and

8 diagnosing a problem, they may have to tune

9 something.

10 MR. CHRISTACOS: I'm not technical

11 enough to be able to do that, no.

12 MEMBER JONES: Exactly. So my

13 question is do you plan on, if you don't,

14 which you sound like you don't, would you be

15 amenable to establishing guidelines, training,

16 processes and procedures to ensure that that

17 doesn't happen, to the best of your ability.

18 At least have guidelines to follow

19 to help say yes, let's ask the write question.

20 It could be something as simple as hey, before

21 this guy leaves, can you confirm that you

22 haven't changed the thresholds?


1 MR. CHRISTACOS: I would --

2 MEMBER JONES: Okay, that's

3 something you would be willing to do?


5 MEMBER JONES: Thank you.

6 MEMBER ALBERTI: Okay, any other

7 Board questions? Okay. I can't remember

8 whose witness he is. Mr. Fonseca, redirect.

9 MR. FONSECA: I don't know that I

10 want to reopen anything at this point. Just

11 to nail one thing down, the Noise Control Act

12 has always been in place. The 60 dBa's was a

13 rule, you understood that all along, correct?


15 MR. FONSECA: It's never been

16 enforced against you, is that correct?

17 MR. CHRISTACOS: As far as I know.

18 MR. FONSECA: You've never gotten

19 a ticket about it, you never seen --

20 MR. CHRISTACOS: Oh yes, I mean --

21 MR. FONSECA: -- the DCRA or ABC

22 enforcement person --


1 MR. CHRISTACOS: -- we have never

2 received any penalties or anything like that.

3 MR. FONSECA: Is any part of why

4 we brought in a sound consultant on Friday to

5 deal with that issue?

6 MR. CHRISTACOS: Yes. Yes.

7 MR. FONSECA: Is it to make sure

8 you're compliant with the Noise Control Act

9 and how that reading would be?


11 MR. FONSECA: Okay, thank you.

12 MEMBER ALBERTI: Ms. Peck,

13 recross?

14 MS. PECK: Sure.

15 MEMBER ALBERTI: But limit it to

16 questions that have been asked.

17 MS. PECK: Just following up on

18 the line of questioning about the settings, I

19 thought it was a very interesting point that

20 equipment can break, people can be different

21 and so on.

22 I think I'm wondering whether you


1 would consider adding to your list of rules

2 and regulations that you might be asked to

3 draft just that the settings, what they are so

4 that they're objective, they're known, they're

5 part of the company's, you know, way of doing

6 business and possibly even picking up a noise

7 meter from the local place where you get them.

8 OSHA says they can be picked up

9 for $300 so that you even know what the

10 settings are yourself so that you don't have

11 to bring in a sound engineer to check for

12 yourself. So just wondered whether that might

13 be something that you would consider.

14 MR. CHRISTACOS: Yes, it's

15 definitely something I could consider. Even

16 bringing Mr. Henning back. Sure, anything.

17 I mean, whatever it takes so that we're not

18 the bad guy. I don't want to be a bad guy.

19 And I don't think I'm a bad guy.

20 MS. PECK: Thank you. No further

21 questions.

22 MEMBER ALBERTI: Thank you. Thank


1 you, Mr. Christacos.

2 MR. CHRISTACOS: Thank you, sir.

3 MEMBER ALBERTI: Mr. Fonseca? Mr.

4 Fonseca, are you --

5 MR. FONSECA: No, as I said, our

6 case --

7 MEMBER ALBERTI: Oh, I didn't hear

8 you, are you resting?

9 MR. FONSECA: We've completed our

10 case.

11 MEMBER ALBERTI: All right. Ms.

12 Peck, it's all yours.

13 MS. PECK: Okay. I would like to

14 first call Anne Kappel.

15 MEMBER ALBERTI: Sure. Ms.

16 Kapella?

17 MS. KAPPEL: Kappel, K-A-P-P-E-L.

18 MEMBER ALBERTI: Would you please

19 raise your right hand? Do you solemnly affirm

20 the testimony you're about to give will be the

21 truth, the whole truth, and nothing but the

22 truth?


1 MS. KAPPEL: I do.

2 MEMBER ALBERTI: Thank you, please

3 be seated.

4 MS. KAPPEL: And forgive me, I

5 have a cold.

6 MEMBER ALBERTI: Okay. Well if

7 you could just make sure you talk into the mic

8 and that would be helpful.

9 MS. KAPPEL: Until yesterday, I

10 had no voice, until this morning.

11 MS. PECK: Before we get started,

12 I have a question about the letter that Anne

13 Kappel submitted. She submitted this on her

14 own to the Board, and it was sent, I believe,

15 copies to Arthur Jenkins and to opposing

16 counsel.

17 Should I submit that as evidence

18 in our case? Is this something that the

19 board has? I'm not sure how --

20 MEMBER ALBERTI: Probably best if

21 you submit it as your own exhibit.

22 MS. PECK: Okay, and then the


1 second point, you know, flagging the issue

2 I've never done this before. We have all of

3 our exhibits in packets for you.


5 MS. PECK: I spoke to Martha

6 Jenkins beforehand. She said I could enter

7 and authenticate them with each witness and

8 then hand them all over at the end to you,

9 taking out anything that wasn't accepted.

10 MEMBER ALBERTI: Perfect.

11 MS. PECK: Is that okay?

12 MEMBER ALBERTI: Perfect.

13 MS. PECK: Okay. Would you like a

14 copy --

15 MEMBER ALBERTI: So let me ask one

16 question. Have you given a packet to Mr.

17 Fonseca?

18 MR. FONSECA: I believe if this is

19 the final, the packet, and this should be the

20 final packet, correct?

21 MS. PECK: Yes.

22 MEMBER ALBERTI: Okay, very good.


1 Just wanted to make sure --

2 MR. FONSECA: If I could, one

3 moment. I want to see H, which we now have

4 two pages, if that's correct. We have, and

5 the old one. I would have them and then I can

6 deal with any objections as we --

7 MEMBER ALBERTI: Great, very good.

8 Okay. So proceed.

9 MS. PECK: All right. Do you need

10 a copy of your letter?

11 MS. KAPPEL: No, I have it.

12 MS. PECK: You have a copy of the

13 letter.

14 MEMBER ALBERTI: Would you start

15 by having the witness introduce herself and

16 spell her name?

17 MS. PECK: Okay, would you please

18 introduce yourself and spell your name?

19 MS. KAPPEL: Anne, A-N-N-E,

20 Kappel, K-A-P-P-E-L. I am a resident at the

21 Jefferson Row Condominium in the

22 aforementioned Unit 20.


1 And I am the Vice President of the

2 Condominium Association, and then ultimately

3 became the representative of the Association

4 in its negotiation with Ozio, and then a

5 signatory to the current voluntary agreement.


7 MS. PECK: Ms. Kappel, you wrote a

8 letter that you submitted to the Board, is

9 that correct?

10 MS. KAPPEL: Yes.

11 MS. PECK: Do you have a copy of

12 it there?

13 MS. KAPPEL: I do.

14 MS. PECK: Is that the letter that

15 you wrote?

16 MS. KAPPEL: Yes, it's the letter

17 that was submitted on March 12th, 2014 with

18 some comments and some history related to this

19 particular application.

20 MS. PECK: Mr. Fonseca, you have a

21 copy of this letter?

22 MR. FONSECA: I do.


1 MS. PECK: Okay.

2 MEMBER ALBERTI: So do you want to

3 handle objections now, or do we want to do

4 them all at the end?

5 MR. FONSECA: I think I'll

6 probably do them as they come along.

7 MEMBER ALBERTI: I agree.

8 MR. FONSECA: I think my position

9 as counsel was I always observe my right to

10 object to any exhibit. And I would object to

11 any document that I couldn't cross examine.

12 So since she's here, I don't know

13 that the letter is necessary. But I don't

14 have a problem if she's going to summarize the

15 letter.

16 MEMBER ALBERTI: I'll leave it up

17 to Ms. Peck. But it is an Exhibit, you have

18 it. You can cross examine on it.

19 MR. FONSECA: Yes.

20 MEMBER ALBERTI: So I assume --

21 MR. FONSECA: We just have to

22 figure out what you're going to do about your


1 numbering.

2 MS. PECK: Right, so this would be

3 --

4 MEMBER ALBERTI: Is there any

5 objection? There's no objection?

6 MS. PECK: This will be the

7 challenge, yes.

8 MR. FONSECA: There is no

9 objection to the letter. I do have a copy.

10 MEMBER ALBERTI: Okay, all right.

11 Very good.

12 MS. PECK: Okay, so at the end of

13 this hearing then I will --

14 MEMBER ALBERTI: We'll enter all

15 of those, right.

16 MS. PECK: -- this will be

17 submitted as part of the --

18 (Crosstalk)

19 MEMBER ALBERTI: Correct. Right,

20 and so we'll accept that --

21 MS. PECK: Ms. Kappel, could you

22 please tell us about the settlement agreement


1 process that's been described in some detail

2 earlier today?

3 MS. KAPPEL: Well, briefly. And

4 some of this I discuss a little bit in the

5 letter. The condominium, it was a new

6 construction, it became occupied in 2007, for

7 the most part almost completely.

8 I think it was in 2009 we noticed

9 construction going on at Ozio. And a lot of

10 the people in the building had not lived in

11 the city before, so we were very unfamiliar

12 with the process.

13 We were concerned about it,

14 eventually discovered that they were doing

15 something on the rooftop. But looked like

16 they had proper permitting and so forth, made

17 some contact with the ANC and were advised

18 that before they could operate that space as

19 a bar or a lounge, they would have to apply

20 for a substantial change through the license,

21 which would be our first opportunity to

22 register any concerns through something called


1 the protest process.

2 And so eventually in 2010, that

3 happened. They applied for the substantial

4 change, and we filed a protest. I actually

5 met with the Chairman and the Vice Chairman of

6 the ANC to understand how all that worked.

7 And the residents were very

8 concerned from two perspectives. Well three,

9 actually. You know, one, the potential noise

10 that it would create just having that there.

11 Two, that it seemed almost

12 impossible for them to operate it without

13 making that much noise. So it just seemed

14 sort of counterintuitive that they would do

15 this.

16 But then three, also what

17 precedent it might set and whether we would

18 have other establishments that might do the

19 same. This area, the entire block of

20 Jefferson, it's a one block street, those are

21 historic properties, so they're all four

22 stories and stop.


1 Same is true with that block of M

2 Street, they're all the same level. There was

3 some confusion about that earlier. And I

4 believe, I don't know if they're historic but

5 it's the same level from Jefferson on 18th

6 down to the office building.

7 So clearly if one does it, and

8 they're all bars and restaurants surrounding,

9 you know, others may want to do that. And we

10 have seen an uptick in that activity since

11 they opened.

12 So we entered into the agreement.

13 This was all very new for us. We really

14 didn't, at the time we entered in, we started

15 into the first meeting which I went to, and

16 Kevin O'Connor was there.

17 We didn't have counsel at that

18 point, and really were kind of confused about

19 the whole thing. Our whole premise was people

20 just need to sleep at night. I mean, we don't

21 really care what you do, we just want to be

22 able to sleep at night.


1 We were pressured a lot to kind of

2 get through this thing quickly because at that

3 time they were saying they wanted to open,

4 say, by New Year's Eve or something. So this

5 was, like, October.

6 And they wanted to have some sort

7 of winter opening, and so we had to kind of

8 hurry up and get this thing concluded. And so

9 I think all I kept saying throughout those

10 discussions was I don't really know what

11 conditions to put in here because the thing is

12 not, like, it's not done.

13 We don't know how you're going to

14 operate, and for me it was very stressful.

15 But they eventually agreed, and I think

16 actually they suggested that we do this sound

17 test and that a sound engineer could come out

18 and sort of set levels, which all sounded

19 great to us.

20 And you know, they paid for them.

21 So we did do those sound tests and I was

22 present for those tests. And then we read the


1 report.

2 And maybe we didn't have the

3 expertise, but as we read the report, there

4 was nothing in there that was definitive

5 enough to say we'll put this in the agreement,

6 like, keep your sound at X and there will be

7 no problem, which is what we said.

8 We were like, well we don't know

9 how to interpret this. They concurred. So we

10 had another sound test, which in the previous

11 test it seemed it had gotten a little mixed

12 up.

13 That was more of the human

14 experience test. So we had Steven Christacos

15 and one of my neighbors were in their

16 facility. George Christacos, his father, was

17 with me in our place.

18 We went through three different

19 apartments that are on the eastern end, which

20 is the most exposed to their noise. And

21 played with the sound.

22 And the idea was if they would get


1 an understanding of what the right levels

2 should be if they're bothering people in the

3 apartment. And George was on the phone

4 calling, and so on and so forth.

5 So ultimately, that's why we ended

6 up with this sort of idea that we would have

7 a test period. That okay, we did these

8 gauges, we have an idea.

9 Now they're going to operate.

10 Let's see how it goes and then we'll get a

11 final agreement. But of course, we thought

12 they were going to be operating in January and

13 the test period was going to end in June.

14 Well, they didn't start until May.

15 And then in May there were a number of

16 complaints. And unfortunately, in the early

17 probably from May to September, I would say in

18 2011 there was definitely more than a handful

19 of complaints.

20 Unfortunately, a lot of those

21 residents were sending me messages because I

22 was the person that was negotiating on behalf.


1 So I had a lot of record.

2 I had email exchange by, I think,

3 at least when I'm with Steven in September

4 after the Valentines logged what they sent to

5 me was, like, a series of ten days of

6 problems.

7 And I have to say that, you know,

8 nobody's ever questioned Steven's earnestness

9 or desire to actually comply. And I can't

10 tell you what the problems are.

11 You know, but I can tell you that

12 where my unit is, which is on the, so the

13 front of the unit is the rooftop terrace where

14 the sound engineer was.

15 That is open space, probably for

16 about 40 feet over to the street. So I don't

17 get street noise. So if you're the rooftop

18 terrace, then now I'm in my living room.

19 Directly across from my living

20 room is public bar, which has an outdoor

21 space, which for the most part faces 18th

22 Street, just the way they have it set up.


1 Then I move through my living room

2 to my second window. Now I'm looking at 18th

3 Street, which he's referenced. Keep going, I

4 go into my bedroom in the back, which is on

5 the southeast corner of the building.

6 And the diagonal of the building

7 points dead at Ozio. So I can see it, I can

8 hear it. And for me, I mean, it's just it's

9 a human sound test of saying if I hear noise,

10 I just move through the unit. And where does

11 it get louder?

12 And you know, sometimes you can't

13 tell. I personally am not home a lot on the

14 weekends. I have a 86 year old father,

15 extended family up in New Jersey, I have

16 business travel.

17 So I personally have not called to

18 complain all that often. I think only once,

19 the recent phone call that I remember calling

20 directly, had email exchanges with Steven.

21 I can say that, you know, the

22 neighbors overall have had some frustration,


1 you know, with the process.

2 I mean, we thought when we finally

3 did get to the final agreement, we did have

4 advice of counsel, we were very concerned

5 about trying to put in all this sort of

6 hypothetical stuff that was difficult to

7 measure, and finally said, you know, at the

8 end of the day, the way the law is currently,

9 the attorney says the way the law is written,

10 you should be protected if the law is

11 enforced.

12 So we said fine, let's have the

13 law be enforced. You know, let's put that

14 language in there, which we did. And we

15 always had this sort of thing of

16 reasonableness.

17 I never doubted that they wanted

18 to be reasonable and so forth. So that was

19 the other paragraph, that if it's bothering

20 you, you know, if it bothers you in your home,

21 that's not what we want to do, you know that.

22 What the residents don't want to


1 be is the enforcers where, you know, action's

2 only taken if they call. And so I think, you

3 know, at the end of the day it would be

4 difficult to say the current agreement works

5 because it actually isn't being enforced.

6 You can argue whether or not

7 they're all complying with it, but the

8 current, you know, I mean, I had an email from

9 an ABRA Inspector in July of 2011 telling me

10 that he understood that the Jefferson Row

11 residents were complaining about noise from

12 Ozio, and that he had been there and had heard

13 some noise from there and from other

14 establishments, but it's not a violation

15 because you're in a commercial zone.

16 So at that point people say, well

17 I don't know what I'm supposed to do. And so

18 I think people do hesitate, they hesitate to

19 call Ozio because they just don't feel like,

20 you know, having to go back and forth.

21 When they call, I do have emails

22 of people calling the police or calling ABRA.


1 And you know, even if one of them comes out,

2 like, their process would be you have to wait

3 for them to come out to your home.

4 So you call at 1:30 in the

5 morning, then you have to wait for them to

6 come out. And then they listen. And in

7 fairness, in a lot of those units, sometimes

8 you can't tell where the noise is coming from.

9 But as Steven testified when his

10 own person came, in this case it was in the

11 reverse, his person came to the unit above

12 mine, which is the most exposed, it's on the

13 penthouse level, so it's the sixth and seventh

14 floor of its own terrace.

15 And his guy was able to discern oh

16 no, the music's not coming from Ozio, it's

17 coming from Public Bar, because when you're in

18 the full open space, you can kind of tell

19 where it's coming from.

20 In some of the units that are more

21 interior, it might be a little bit more

22 difficult. And I guess the other thing,


1 because you were asking questions about

2 perspective just to give you, so the unit, it

3 was converted of four town homes basically

4 that front on Jefferson Place.

5 Then a developer added a seven

6 story building to the back of that and

7 connected it all, okay? So most of the units,

8 it's a 23 unit condominium, 15 of them are in

9 the rear of the building, which means they

10 have windows, at a minimum, on the alley.

11 The other eight are street front.

12 And of the units, the problem with that alley

13 in part, which is what the problem Ozio faces,

14 is that everything is level, right?

15 You know, there's no barriers, but

16 there is a barrier if you go east, you hit the

17 wall of an office building. If you go south,

18 across M Street, you hit another office

19 building.

20 So this sound is kind of like

21 directed as a canyon, right? It has that

22 canyon effect down there. And the Unit 13


1 that was mentioned that was originally part of

2 the sound testing, that actually is in the

3 dead center, it's one of the center units.

4 I think that one is on the third

5 floor, yes. So being in the center on the

6 third floor, and he did complain. He

7 participated in the sound test, he understood

8 what all the issues were.

9 And he was actually the person

10 that complained first in May of 2011. You'll

11 recall that I think the Ozio records and you

12 might have the emails, he called several times

13 over the course of a couple days.

14 He eventually moved because he

15 just couldn't get, you know, he just felt like

16 it was just too much at night. He worked at

17 home a lot.

18 So I think, but you know, our view

19 has always been, we were told, as I said, that

20 the law does not apply. Our view is if the

21 law is sufficient to govern the noise level,

22 then that's the most level playing field for


1 the businesses and for the citizens.

2 Like yes, everybody's on an even

3 field, then you just enforce them. And, you

4 know, that's why we welcomed Director

5 Moosally's statements to the effect that they

6 hadn't really been enforcing it, and they

7 wouldn't enforce it.

8 To the extent that, I believe that

9 in this situation where they have an open air

10 club that is just, you know, 100, 150 feet

11 from residents where they want to play dance

12 music and have people, I mean, we're in the

13 wintertime.

14 In the summertime, they're going

15 to want to open this rooftop and people are

16 going to want to dance under the stars. I

17 mean, that's just the reality.

18 But I don't know how it's possible

19 for them to do that then without having

20 certain conditions and some sort of agreement.

21 You know, I don't know what the process is.

22 I guess it's this agreement


1 attached to the license that says in order to

2 make sure that we achieve the noise levels

3 required by law, these are the things we are

4 going to do, and make it a little more

5 specific and enforceable.

6 MS. PECK: Do you have any other

7 specific requests that you think would be

8 helpful that might bring down the noise levels

9 or address the concerns, whether it relates to

10 Ozio or more broadly?

11 MS. KAPPEL: Well I mean, I think

12 what I said in the letter was part of the

13 reason we didn't marshal a group of five to

14 initially protest Ozio was because at that

15 time, we felt like all we would be doing is

16 renegotiating an agreement because of the

17 objective would be to get to an agreement.

18 And we didn't think the agreement

19 was the problem. We felt like that clearly

20 part of the problem in that area is having

21 consistent application across the properties.

22 And so we don't have agreements


1 with each of the establishments that have

2 outdoor facilities. And the ones that do have

3 different agreements with different

4 conditions.

5 So I don't know how you get that

6 consistency. And so our view was, and we did

7 address that with the ANC, because we think

8 that process actually is quite good.

9 We get a little frustrated

10 sometimes because we end up having to work

11 with different people on different issues.

12 You know, we get handed off. But overall,

13 they have been very, very accommodating in

14 working with us.

15 And so we talk with them, express

16 all those concerns. We say look, they're not

17 the perfect neighbors. There are situations

18 where the noise is too loud.

19 But we have this agreement. And I

20 don't know what you put in the new agreement

21 that's going to change any of that stuff. And

22 so they have then pursued, they protested the


1 other agreements, or other licenses and are

2 pursuing agreements with those hopefully to

3 bring some sort of consistency to the

4 management of it.

5 So the only other thing I would

6 offer, I guess, is that there's this question

7 of roof open and roof closed. And I don't

8 have an answer for that.

9 I mean, we thought when we went

10 into this, I mean, we had residents that were

11 adamant that this had to be absolute,

12 paramount, negotiated, you cannot open this

13 rooftop. This will, you know, be the problem.

14 But you know, sometimes the noise

15 has been, when I've been home, sometimes the

16 noise is too loud when the thing is closed,

17 and sometimes it's okay when it's open or

18 partially open.

19 So I mean, I can't say that it is

20 absolutely that rooftop. I mean,

21 realistically, I could be wrong, but I don't

22 remember it being insulated.


1 And I just can't imagine

2 advertising a rooftop facility in the

3 summertime and saying we're going to close the

4 roof. Like, it's just, it's unrealistic to

5 me.

6 So the answer, we had people say

7 that all the time and I kept saying okay, that

8 sounds great in March. But I mean, in July,

9 like, who's going to go into a place with a

10 glass roof in the sun? Like, nobody.

11 So I mean, it has to be, there has

12 to be some way to control these levels. And

13 it has to be, obviously, with intended

14 compliance on the part of the licensee.

15 But also there has to be some

16 enforcement. I mean, if there's not going to

17 be any enforcement, what incentive do people

18 have to keep, because if he complies and the

19 guy next door doesn't comply, then we're back

20 to the same problem.

21 MEMBER ALBERTI: Mr. Fonseca?

22 MR. FONSECA: Thank you. Good to


1 see you again Anne.

2 MS. KAPPEL: You too.

3 MR. FONSECA: I think, I mean

4 obviously you've been here all day, so you've

5 heard everyone's testimony.

6 You understand that in terms of

7 follow up, we are looking at trying to be

8 compliant with the Noise Control Act decibel

9 readings now, of which ABRA's never enforced

10 because, you know, frankly they weren't the

11 Agency and they still aren't.

12 So even with this task force, you

13 know, it's MPD, it's as I understand it MPD,

14 DCRA, and ABRA. And we'll see how it works.

15 I believe them. They're out to enforce it.

16 I've advised my client and he

17 believes it. So hearing what you've heard

18 today, if these numbers stand up, is it safe

19 to say that you can live with that because at

20 least there's enforcement?

21 Understand that you still might

22 hear music, but it should probably be better,


1 we're hoping.

2 MS. KAPPEL: Let me make just two

3 observations because I don't even really, I

4 don't want to get put in a box on

5 hypotheticals and not whether or not it's

6 open.

7 MR. FONSECA: Yes.

8 MS. KAPPEL: I was not home again

9 last week when you're talking about doing

10 these tests. But I did send a message to

11 neighbors and say, you know, tell them ABRA's

12 coming in here.

13 And reports that I got back were

14 that it was quiet. So I don't know what you

15 were doing Friday night. But whether that was

16 a result of the sound engineer, but people

17 said things were quiet.

18 So that's encouraging if there's a

19 correlation between that and whatever went on

20 Friday night. At the same time, I think I put

21 this in the letter, right after word got out

22 that things were going to be monitored,


1 everything was really quiet.

2 And then we had that instance on

3 the 20th or whatever that I called in. But

4 then, like, a week and a half later, it was

5 March 8th because I came back from the west

6 coast, that's how I remember, it was very,

7 very loud again.

8 And I didn't call because frankly

9 I was on west coast time and I knew I was

10 going to be up until 3 o'clock in the morning

11 anyway.

12 So you know, I wasn't really

13 worried. I worry about going to sleep, I

14 don't worry about hearing music, I just worry

15 about going to sleep.

16 So I didn't call. And it went

17 until closing, and it went off. And

18 presumably it sounds like nobody else called

19 to complain that night or whatever, but I'm

20 just making that observation.

21 So it's just hard for me to gauge,

22 you know, what the controls, what works or


1 what doesn't because I think the intention, I

2 firmly believe in all the conversations, email

3 exchanges, everything else I've had, we have

4 spent a lot of time together. He's not lying.

5 But in all of that, I don't doubt

6 the sincerity. It's just the reality on the

7 practical side, like, I don't know what was

8 different on March 8th and on February 20. I

9 don't know.

10 All I know is I can hear this

11 stuff pounded in my apartment, right? So any

12 steps that move us forward, I think, are

13 welcome. Anything that's measurable,

14 enforceable, you know, and hopefully we get

15 some consistency.

16 MR. FONSECA: Okay. To your

17 knowledge, is there any way that Ozio's sounds

18 that you all are hearing, is it reaching the

19 Palladium where they could discern it?

20 MS. KAPPEL: You know, that's a

21 hard one for me to gauge because I do think

22 again, you know, when you have this canyon


1 effect, stuff moves, right?

2 But you clearly have other

3 properties which I'm sure Mr. Silverstein is

4 aware of if others are not aware. So this is

5 a place where 18th and Connecticut come

6 together.

7 So you have properties on

8 Connecticut Avenue, on the east side of

9 Connecticut Avenue, and then 18th on the west

10 side. So it's kind of like this big four, six

11 lane intersection, that do have rooftop

12 facilities as well where these are new, trying

13 to compete with the Christacos it seems, but

14 they have cropped up since.

15 And so they are also playing

16 music. And I think only Public Bar to date

17 has had any kind of a voluntary agreement.

18 The others have been protested and there's

19 negotiation. That's my understanding.

20 So I don't know. I mean, I can't

21 really say. When you say can you discern Ozio

22 from all of that, I think that's for you guys


1 to conclude. I'm just, you know, sort of

2 outlining it.

3 MR. FONSECA: Of course,

4 certainly. Tell me this, I mean, you've known

5 Ms. Nichols for a while, correct? And how

6 long have you known Ms. Peck?

7 MS. KAPPEL: I really only met her

8 recently. Recently.

9 MR. FONSECA: And you know, you

10 were involved with this from 2010, 2011 to the

11 present. And when did you first start talking

12 with Ms. Nichols about noise that they've seen

13 get to be even more and more of a problem over

14 at the Palladium?

15 MS. KAPPEL: Well you know, I

16 guess I'm getting older because the days run

17 together. But --

18 MR. FONSECA: I'm with you there.

19 MS. KAPPEL: So my recollection

20 is, and I never even understood this, I have

21 to say, even though I look at these license

22 renewals.


1 I never knew that they were sort

2 of on a cycle and that, you know, everybody in

3 my neighborhood was going to come up in the

4 same year, which is now I guess why I get a

5 little crazy every three years.

6 But so there was some discussion

7 in the fall, I recall. Well I mean, going

8 back a couple years, I actually was going back

9 through emails. I think she did send me some

10 emails previously about night noise, but we

11 never really connected it, I don't think, to

12 the rooftops until maybe recently, recent

13 correspondence over, because some of those

14 rooftop spaces are new.

15 MR. FONSECA: Do you know which

16 ones those are, because that's kind of

17 important for the Board to understand the

18 dynamic.

19 MS. KAPPEL: Well Midtown I'm

20 almost positive is new because I didn't know

21 whether or not that was even legal when I saw

22 them put the welcome banner that was, like, 15


1 feet by 15 feet hanging off the building,

2 welcome to our rooftop space.

3 MEMBER ALBERTI: Who's this?

4 MR. FONSECA: Can you identify --

5 MS. KAPPEL: Midtown it's called.

6 MR. FONSECA: Can you identify

7 where Midtown is?

8 MS. KAPPEL: So Midtown would be

9 almost directly, well almost 90 degrees, due

10 east of Jefferson Place. So if you crossed

11 18th and Connecticut, and you were on

12 Connecticut, then you would run basically into

13 Midtown.

14 MR. FONSECA: And does Midtown

15 have a rooftop?

16 MS. KAPPEL: They do now, yes.

17 MR. FONSECA: And does that go to

18 the back or does that come toward the front to

19 Connecticut?

20 MS. KAPPEL: That would come

21 toward the front. And we do have units in the

22 front that, you know, have complained about


1 noise. But the difference with the units in

2 the front is when people talk about ambient

3 noise, they get ambient noise.

4 They get street noise, they get

5 people walking down the streets. In my

6 apartment, it's no louder than this. I mean,

7 I will hear trash trucks in the alleyway or

8 loud talking or if there's a fight or

9 something in the alleyway.

10 But you don't hear anything in

11 there except the music. And so, you know,

12 they get a lot of mixture out there. So they

13 have complained before.

14 At one point a couple years ago

15 they complained about Current Sushi, which I

16 think was operating without a license. They

17 were playing music in their backyard or

18 something, throwing backyard parties. I don't

19 really know.

20 But it was traveling down

21 Jefferson Place because of this canyon effect,

22 and it was bouncing off everything. But they


1 knew that, they recognized that.

2 So I think the sound engineer was

3 correct when he was talking about testing Ozio

4 in particular because I recall that when he

5 was there. I mean, you know, I went through

6 five hours of these things on two different

7 nights.

8 So when you walk to the front of

9 the building, I would say you really can't

10 discern Ozio standing in front of our building

11 on Jefferson Place. It's really more an issue

12 for the 15 units in the rear of the building.

13 Any noise that comes from

14 Eighteenth and Public is probably going to go

15 a little bit in both directions. The Heist

16 that the inspector mentioned, I don't

17 understand that at all because that facility

18 is underground, so unless the door's open, I

19 don't know where that noise would come from.

20 MR. FONSECA: Well that's helpful

21 because identify, when you say Public and

22 Eighteenth, you're talking Eighteenth Street


1 Lounge?

2 MS. KAPPEL: Sorry, Eighteenth

3 Street Lounge and Public Bar are for all

4 practical purposes, from the rooftop

5 perspective, it looks like it's one place

6 because, you know, they're right up against

7 each other.

8 MR. FONSECA: Anything else? Well

9 thank you. I thank you for being here all

10 day.

11 MS. KAPPEL: Sure.

12 MR. FONSECA: I know it's been a

13 long day. No further questions, thank you.


15 Fonseca. Thank you, Ms. Kappel. Board

16 questions now for you. Mr. Silverstein, you

17 want to start?

18 MEMBER SILVERSTEIN: Yes. Thank

19 you for your patience and for being involved

20 in this for so long. And thank you for your

21 testimony that I think has been fair and not

22 one sided.


1 But you understand that this is a

2 very difficult situation that everyone's in.

3 I'm going to ask you, because I'm not sure

4 everybody understands just where you guys are.

5 Walk out your front door, and walk

6 around your block, and tell me how many

7 places, how many licensed establishments you

8 have in just the block, the square that you're

9 in.

10 MS. KAPPEL: Okay. Permission to

11 stand. Visuals are always --

12 MEMBER ALBERTI: Yes, please.

13 Please.

14 MEMBER SILVERSTEIN: But be by a

15 microphone so that you can --

16 MS. KAPPEL: Oh, right. I forgot

17 about that, okay.

18 MEMBER SILVERSTEIN: Right.

19 MS. KAPPEL: I was going to use

20 that as the, okay. So I'm standing at the

21 front door of Jefferson Place. Okay --

22 MEMBER SILVERSTEIN: Turn to the


1 left.

2 MS. KAPPEL: To my left are the

3 doorways to three units of Jefferson Place and

4 a side entrance to the Roosevelt House, which

5 is on the corner of 19th and Jefferson.

6 Across the street, on the corner

7 of Jefferson and 19th. Come back to my front

8 door, now I'm looking at the entrance to a

9 garage.

10 To the right of that, St.

11 Arnold's, which is a bar downstairs. An

12 office building. Next to that, an Italian

13 restaurant.

14 Then on our side of Jefferson,

15 it's all commercial property, no bars or

16 restaurants. So those are the only bars and

17 restaurants physically on Jefferson.

18 Then you get to the alley, what we

19 call the north/south alley that runs behind

20 18th Street.

21 MEMBER SILVERSTEIN: No, I want

22 you to go to 19th Street.


1 MS. KAPPEL: Oh, I was going

2 toward 18th, sorry. I was making my trip to

3 the right.

4 MEMBER SILVERSTEIN: Okay,

5 continue. Go ahead, go ahead.

6 MS. KAPPEL: So I'm going down to

7 about the alley that runs adjacent to 18th,

8 across the alley. So there's a building,

9 which I believe is 1812 18th Street, I believe

10 that's the address.

11 It has three licenses attached to

12 it. One is Heist, which is in the basement,

13 entrance on Jefferson. Second is Shake Shack,

14 which is a burger place that has beer and

15 wine.

16 And the third is the not yet

17 completed next nightmare we have to deal with

18 which was called Guitar Bar, now is called

19 Souse House or something and they're

20 constructing a new rooftop area. Then to the

21 right, which --

22 MEMBER SILVERSTEIN: This is right


1 smack looking right at you a few feet away.

2 MS. KAPPEL: Well yes, this is on

3 Jefferson. And then you make a right on 18th

4 and you have, so then you have, let's see, the

5 entrance to what was Cento Cinco, now it's

6 MIA. That's in the same building as Public

7 Bar.

8 Then you have the entrance to

9 something else now they just named it.

10 Anyway, one's on the top level, one's in the

11 middle level, one's on the bottom level. It's

12 all in the same building.

13 And then you have Thai Way, which

14 is Oriental food. Then you have Sprint or

15 something. Oh no, then you have 18th Street

16 Lounge which has no sign, but you walk up and

17 you get up there somehow to the building at

18 the top level.

19 And then you have the office

20 building. And then the Daily Grill's on the

21 corner.

22 MEMBER SILVERSTEIN: You forgot


1 Nando's.

2 MS. KAPPEL: What?

3 MEMBER SILVERSTEIN: You forgot

4 Nando's Peri-Peri.

5 MS. KAPPEL: Oh yes, I did.

6 Sorry, Nando's. Yes, so that's a restaurant.

7 Then you go around the corner. Now the office

8 building, cross the alley, Ozio.

9 Then next to Ozio is something

10 that keeps changing names, it's a pie

11 restaurant. It's Bubba's Sandwiches or

12 something.

13 MEMBER SILVERSTEIN: Yes.

14 MS. KAPPEL: Then there's the 1819

15 Club, which is the one that has the stripper

16 license. It never opens. Then you have Bells

17 Beer and Wine. Then you have Camelot, who are

18 wonderful neighbors.

19 I don't know, the Sign of the

20 Whale. The kabob place, Mighty Pint

21 downstairs. Then you have a hairdresser,

22 don't ask me why it's there. And then you


1 have Chipotle downstairs and Boqueria Tapas

2 upstairs.

3 Come around the corner, you have a

4 sandwich place. Irish Whiskey is on the alley

5 at 19th across from the Roosevelt House. Back

6 up to Jefferson, make a right, and then you're

7 back home.

8 MEMBER SILVERSTEIN: So you're

9 literally in a sea --

10 MS. KAPPEL: Yes.

11 MEMBER SILVERSTEIN: -- of

12 licensed establishments. And you have an echo

13 chamber as well? Things, what do they bounce

14 off of? What are the high structures?

15 MS. KAPPEL: In our immediate

16 area, so everything is not in our block that

17 it would bounce off of. In other words, you

18 have an office building at, let's see,

19 Jefferson and 18th, you have an office

20 building at 18th and M.

21 But that's it in the entire four

22 square of Jefferson, 18, 19, M Street. That's


1 it in terms of physically located. Everything

2 else is on the other side of the street.

3 MEMBER SILVERSTEIN: So the

4 reality is that we could shut this place down

5 and your problem would not be alleviated

6 because there's just so much else going on

7 here that it's not just them.

8 And this doesn't say that they're,

9 you know, they're blameless or anything like

10 that. The problem is a lot more that you are

11 in a sea of nightlife, probably more than any

12 condo that I know in the city.

13 MS. KAPPEL: Well yes we are, but

14 I will say, and I think we've repeatedly said

15 this, the only problem our residents have as

16 it relates to noise is noise coming from these

17 rooftop establishments. I mean --

18 MEMBER SILVERSTEIN: So your

19 saying but the noise is it rooftop noise?

20 MS. KAPPEL: Yes. I mean, you can

21 tell. People know where they live, they know

22 they're going to get street noise. They know


1 they're going to get people walking by and all

2 that kind of stuff.

3 And we don't get noise from, like,

4 all those places on M Street that are closed

5 establishments and operating in closed, you

6 know, fully closed, we don't get noise from

7 them.

8 The only time we ever had a noise

9 problem from any one of them was when Mighty

10 Pint was leaving its back door open. We

11 complained. We asked the ANC to intercede.

12 And we actually put something in

13 their agreement that says they're not allowed

14 to leave their back door open. But you know,

15 other than that, we just don't have problems.

16 The only noise problem that is

17 repeatedly, you know, reported is related to

18 music coming from the rooftop establishments.

19 That's it.

20 MEMBER SILVERSTEIN: And --

21 MS. KAPPEL: I'm not saying there

22 isn't some noise, but obviously people have to


1 accept noise if they live there.

2 MEMBER SILVERSTEIN: Which rooftop

3 establishments, plural, can you point to?

4 MS. KAPPEL: Up to this point, the

5 ones that have been identified as problematic,

6 you know, producing noise that we know we were

7 getting were Ozio, 18th Street Lounge, and

8 Public Bar.

9 However, as I said, when the new

10 places opened, like, at Midtown, and I think

11 it's RoseBar right next door. Right? Am I

12 getting that geography right? It's Midtown

13 and then RoseBar, I think. So they're right

14 next door. So --

15 MEMBER SILVERSTEIN: They're right

16 across Connecticut Avenue?

17 MS. KAPPEL: Yes. But it's across

18 Connecticut directly opposite Jefferson Place,

19 the street, right?

20 MEMBER SILVERSTEIN: So the sound

21 comes down --

22 MS. KAPPEL: So the sound's coming


1 down and it's hitting the people in the front

2 of the building. People in the rear of the

3 building, which is where most of the units

4 are, but they're getting the noise from Ozio,

5 18th Street, and Public.


7 MS. KAPPEL: Yes.

8 MEMBER SILVERSTEIN: And you folks

9 don't believe that you're entitled to perfect

10 silence and whatever? You know you're in a

11 city and --

12 MS. KAPPEL: Absolutely.

13 MEMBER SILVERSTEIN: -- you know

14 that you're going to have trash trucks and the

15 doors opening and --

16 MS. KAPPEL: Yes, the trash trucks

17 we --

18 MEMBER SILVERSTEIN: -- fire

19 engines and --

20 MS. KAPPEL: -- complained about

21 but we've worked with the --

22 MEMBER SILVERSTEIN: -- trucks and


1 --

2 MS. KAPPEL: -- Golden Triangle on

3 that trying to get them to come later. And

4 we've worked through the Golden Triangle on

5 the trash trucks, we worked with them to get

6 the alley paved.

7 So I mean, I know of a lot of

8 these owners and these managers in these

9 businesses, we don't really hesitate to, and

10 most of them are pretty cooperative.

11 But it's just this one thing. And

12 the problem is that when it disturbs you, it's

13 2 o'clock in the morning, like, 1:00 or 2

14 o'clock in the morning.

15 Like, I don't know, maybe it's a

16 holiday, 4th of July, and they're blasting and

17 having a great old barbeque, you know, I don't

18 know anybody would care.

19 But the problem is because of the

20 way the night life is, it's you know,

21 literally if you're home, you'll hear it crank

22 up after 11:00, the noise goes up.


1 And so for me, I'm a pretty sound

2 sleeper. So if I'm in bed and I'm asleep,

3 unless it's really, really loud, I might not

4 wake up. But if I wake up, I guarantee you

5 I'm not going back to sleep.

6 And then we have other people who

7 just can't even go to sleep. So that is, I

8 mean, in our view that is the problem. Even

9 though you have other safety issues that have

10 to be dealt with, how many people, how many

11 seats, that's for all of you to figure out.

12 The only thing since I've lived

13 there in, so it's almost seven years I've

14 lived there, the only primary thing that

15 relates to these bars that I get asked to

16 address on behalf of the residents has to do

17 with noise, and it always comes back to the

18 rooftop noise.


20 Thank you very much. No further questions.


22 Kappel. That's been very helpful to me. I


1 just want to get a sense of what it's like in

2 your apartment when you're hearing noise.

3 And this is not just directed at

4 Ozio. I mean, I think Mr. Silverstein got at

5 an important question for me is identifying

6 the bigger issue here, because it's obvious

7 that we have more than just one producer of

8 sound.

9 So I mean, can you ever, ever

10 identify it as one establishment?

11 MS. KAPPEL: Well as I said, when

12 I do because of the way my unit is located,

13 let me, probably a couple qualifiers. First

14 of all, if I'm home, okay I have this terrace.

15 I sit outside.

16 If I'm sitting outside in the

17 summertime, and some of these guys are playing

18 music at 9 o'clock at night or whatever,

19 truthfully I probably don't care.

20 I mean, I'm just sitting outside,

21 I'm talking. I'm benefitting from their music

22 or whatever, you know. So some of that


1 applies inside, I mean, if it's just sort of

2 background or if I have the television on or

3 whatever.

4 I mean, I'm definitely not a

5 complainer on principal, if you will. My

6 benchmark is always can I go to sleep. So if

7 I'm deciding, which you know, the bedroom's in

8 the rear of the building, I'm trying, I want

9 to go to sleep.

10 I'm in the living room. I hear a

11 noise. If I go to the back into the bedroom

12 and the noise level is about the same, then

13 for me, it's kind of like well it's there.

14 They're all cranking. I'm not really sure

15 where it's coming from because the noise level

16 hasn't changed.

17 But if I go to the back and the

18 noise is louder, then just by virtue of the

19 proximity of where Ozio is, I'm like well it

20 has to be them, relative to my bedroom.

21 And so that's why I called the

22 night that I called. And the reason I told


1 them not to call me back is was I just didn't

2 want to get into that process. It was already

3 late enough.

4 I just was like turn it down. And

5 they obviously knew what to do because within

6 ten minutes they turned it down and it was

7 fine.

8 MEMBER ALBERTI: Great. Is the

9 nature of that sound that you're hearing bass?

10 MS. KAPPEL: The bass used to be

11 almost nauseating. And I have to say I don't

12 know what they or others have done, but the

13 bass situation is better. Like, it must be

14 being controlled, at least when I hear it.

15 But the music level is loud. So

16 you know, I don't know about all these

17 controls or how they put all that into place.

18 But clearly, for a long time, almost when I

19 would get these emails when people would

20 complain about the noise, it was the boom,

21 boom, boom. It was bass, right?

22 MEMBER ALBERTI: You hear that a


1 lot?

2 MS. KAPPEL: Yes. And there was

3 no question if they, you know, if they don't

4 control the bass, it will almost reverberate.

5 But lately, it just seems like, at least when

6 I recall my personal last two instances, it

7 was just loud music. Like, I wouldn't have

8 discerned bass as the primary problem.

9 MEMBER ALBERTI: Thank you very

10 much. You've been very helpful.

11 MS. KAPPEL: You're welcome.

12 MEMBER ALBERTI: Any other Board

13 members? Okay. Okay, so redirect, Ms. Peck?

14 MS. PECK: I just have one

15 question.

16 MS. KAPPEL: Yes.

17 MS. PECK: You mentioned that

18 tenants, residents in the front of the

19 building can hear music coming from the roof

20 deck on Midtown.

21 MS. KAPPEL: That's what we think,

22 yes.


1 MS. PECK: That's what you think?

2 MS. KAPPEL: Yes. I mean, that's

3 where they're associated.

4 MS. PECK: So how far of a

5 distance is that?

6 MS. KAPPEL: Oh gosh. You know, I

7 am so bad in the feet and inches. I can kind

8 of give you, like, the relative measure. So

9 it would be, let's see, it's probably six

10 brownstone equivalents between the end of us

11 and the alley and then the Shake Shack

12 building.

13 So what is that, I don't know.

14 Maybe 150 feet or something? And then you

15 have to cross 18th and Connecticut. So maybe

16 another 100 feet. I don't know, 250, 300

17 feet, something like that.

18 I don't, I'm just not the best of

19 doing that in terms of feet. I mean, if you

20 had a map I probably could figure it out. But

21 I mean, it's obviously further than the 150

22 feet to Ozio. Maybe double the length, a


1 little bit more.

2 MS. PECK: Thank you.


4 recross?

5 MR. FONSECA: Actually, I will on

6 this question. And then just I think I might

7 have one other. I'm showing you the

8 investigator's report, her Exhibit 2 which had

9 this 400 foot circle of what's around Ozio.

10 Are you seeing that the Midtown

11 and those other places are on the Connecticut

12 Avenue side? If you could place this as M

13 Street and this as Jefferson Place.

14 MS. KAPPEL: And this is Rhode

15 Island? Yes, they're in here.

16 MR. FONSECA: So those were all

17 within that 400 foot circle?

18 MS. KAPPEL: Yes.

19 MEMBER ALBERTI: For the record,

20 you're pointing out that Midtown's within the

21 400 foot circle, or you're pointing out what?

22 MR. FONSECA: Midtown and the


1 other --

2 MS. KAPPEL: RoseBar, all of the

3 ones.

4 (Crosstalk)

5 MR. FONSECA: -- other side of

6 Connecticut.


8 MS. KAPPEL: I think there's a

9 total of one, two, three --

10 MR. FONSECA: It's under 400.

11 (Crosstalk)

12 MEMBER ALBERTI: If we can't pick

13 a point in here, I'm just --

14 MR. FONSECA: Well that's why I

15 referenced for the record, it's Exhibit 2 to

16 the --

17 MS. KAPPEL: I think there's six

18 licenses --

19 MR. FONSECA: -- Inspector's

20 Report.

21 MEMBER ALBERTI: All right, thank

22 you.


1 MS. KAPPEL: -- active. And then

2 this one that is, I guess, in sort of limbo

3 status until they finish their construction or

4 something. Not a license, but it's not a --

5 MEMBER ALBERTI: Any additional

6 questions. Mr. Fonseca?

7 MR. FONSECA: No. I don't think

8 so.

9 MEMBER ALBERTI: Pardon?

10 MR. FONSECA: No. No further

11 questions.

12 MEMBER ALBERTI: Okay, great. I

13 think we have an additional question from Mr.

14 Silverstein?

15 MEMBER SILVERSTEIN: Just one

16 clarification. As you're going around the

17 block, the building with the Daily Grill in

18 it?

19 MS. KAPPEL: Yes.

20 MEMBER SILVERSTEIN: How tall is

21 that?

22 MS. KAPPEL: It's an office


1 building. So my assumption, since most of

2 them build to the 13 story maximum, it's got

3 to be, maybe it's 11 to 13, something like

4 that.

5 MEMBER SILVERSTEIN: Okay, and

6 things would bounce off of that and back into

7 your block, correct?

8 MS. KAPPEL: Correct. Yes, if

9 they were coming up from M Street. I mean --

10 MEMBER SILVERSTEIN: And is Ozio

11 on M Street?

12 MS. KAPPEL: Yes, but he's down at

13 the other end. It's down at the 18th Street

14 end.

15 MEMBER SILVERSTEIN: But things

16 would not be going across Connecticut Avenue

17 above that directly, correct?

18 MS. KAPPEL: Yes, but we're not

19 across Connecticut. I guess I'm losing you.

20 In other words, they're down by 18th and M.

21 MEMBER SILVERSTEIN: Right.

22 MS. KAPPEL: And the Palm is at


1 19th and Jefferson, so it's the other end.

2 MEMBER SILVERSTEIN: I'm talking

3 about the Daily Grill.

4 MS. KAPPEL: Oh gosh, I'm so

5 sorry.

6 MEMBER ALBERTI: Why don't give, I

7 mean, since --

8 MEMBER SILVERSTEIN: The Daily

9 Grill is --

10 MEMBER ALBERTI: -- and since I

11 don't know where it is, why don't we, for the

12 record --

13 MEMBER SILVERSTEIN: -- at 15th

14 and M.

15 MS. KAPPEL: Correct, I'm sorry,

16 yes. Yes.

17 MEMBER SILVERSTEIN: And that's an

18 office building?

19 MS. KAPPEL: Correct, yes. And

20 yes, the sound from Ozio would hit that and

21 bounce off.

22 MEMBER SILVERSTEIN: So it would


1 bounce back and that might actually even

2 amplify things in --

3 MS. KAPPEL: Correct.

4 MEMBER SILVERSTEIN: -- your area,

5 but would somewhat buffet, or would block

6 things from going to the east?

7 MS. KAPPEL: Yes, yes.


9 And thank you for your testimony.

10 MEMBER ALBERTI: Thank you for the

11 lead in question, Mr. Silverstein.

12 MS. KAPPEL: It's dinnertime. You

13 can't talk about restaurants at dinnertime.

14 MEMBER ALBERTI: Okay. I'm going

15 to assume there's no questions on that

16 clarification. So thank you, Ms. Kappel.

17 Thank you for staying with us, thank you for

18 your testimony.

19 I'm going to get a read on sound

20 right now from Mr. Jones. I mean, sound, God,

21 I mean on time right now from Mr. Jones.

22 MEMBER JONES: I wouldn't be any


1 help with that.

2 MEMBER ALBERTI: I can't have a

3 decimeter going earlier, but go ahead.

4 MEMBER JONES: Yes. The

5 protestants have 42 minutes remaining. The

6 licensee has 10 minutes remaining.

7 MEMBER ALBERTI: Okay, great, very

8 good. Okay, so you've got plenty of time Ms.

9 Peck. Do you want to do next witness?

10 MS. PECK: Okay, I would like to

11 call Carl Nelson.

12 MEMBER ALBERTI: Would you raise

13 your right hand? Remain standing and raise

14 your right hand. Do you solemnly affirm that

15 the testimony you are about to give will be

16 the truth, the whole truth, and nothing but

17 the truth?

18 MR. NELSON: I do.



21 MS. PECK: Mr. Nelson, could you

22 please state your name and spell it for the


1 record?

2 THE WITNESS: I'm Carl Nelson, C-

3 A-R-L, N-E-L-S-O-N. I'm a resident at the

4 Palladium Condo at 1325 18th Street. I'm a

5 trained engineer. I had 25 years as a

6 physical scientist with the U.S. Government,

7 including one project to build a computer

8 model of a strong pressure wave emanating from

9 a large caliber gun.

10 MALE PARTICIPANT: A very large

11 caliber gun.

12 (Off microphone discussion)

13 MS. PECK: And you have been the

14 person who has been operating the noise meter

15 that we've been using. Would you like to tell

16 us about where you got that meter, and what

17 you know about it, and how it works?

18 THE WITNESS: I'll start with how

19 I got it. There have been a lot of grumbling

20 and complaints in our building about late

21 night noise. And one of them even eventually

22 hit Sarah Peck.


1 And she woke up and went down to

2 Dirty Martini, and they blew her off. And the

3 next night she took the police and ABRA down

4 there, and they said there's nothing we can

5 do.

6 That got her going. She did a

7 legal analysis, which wound up as the white

8 paper that's already been given to them. So

9 we started looking for, where, who do we go

10 to?

11 We went to DCRA, talked to the

12 noise construction group, and the group that

13 supervises, "supervises," night life. And

14 night life doesn't do night work, and the

15 construction people don't do night clubs.

16 And they basically said we don't

17 know. We don't know what's going on. Why

18 don't you do something like a sound map? Why

19 don't you tell us what's going on. We'll lend

20 you one of our meters. That was three months

21 ago.

22 We're still taking measurements.


1 So we went out, took the thing, went out and

2 surveyed the terrain. Where are the problem

3 points?

4 We looked at the street,

5 Connecticut Avenue and 18th Street, where they

6 come together, and at night when the clubs are

7 open, if the cacophony.

8 Okay, that's part of being in the

9 city. And as far as I could tell, we either

10 weren't going to be able to measure a

11 distinction in the clubs, or it was going to

12 be so loud, and basically white noise, the

13 kind that really doesn't disturb sleep.

14 So we looked around and where is

15 all this noise coming from, because we had

16 recognized that the sound level coming up to

17 us from that block, and they're all

18 concentrated there, and there are seven with

19 outdoor facilities now, there weren't way

20 back.

21 Where is all the noise coming

22 from? We went around and we located where the


1 noise was coming from. It was in the two

2 alleys. One behind the Connecticut Avenue

3 establishment, and one behind the 18th Street

4 establishments.

5 And one of the ones behind the

6 18th Street establishment was, is, was and is,

7 Ozio. So they were a source. We could see

8 the bar. We could see the night club up

9 there.

10 So we took the strategy of taking

11 spot readings frequently from all these places

12 where serious noise was emanating, and likely

13 to be at least part of our problem. Which we

14 did.

15 We visited nine, we went out on

16 nine nights and recorded about 100 separate

17 sound readings in the whole area, one being,

18 one point in that survey was the closest place

19 we could get to Ozio's part which was making

20 the noise.

21 Ozio's front was not a problem.

22 It was the back where the noise was coming


1 from, the rooftop. So we took measurements,

2 and I offer those as exhibit, whatever you

3 want to call it at this point. It's Exhibit

4 H in the --

5 MS. PECK: Okay, so this is where

6 we don't know what we're doing, but let's see.

7 We've actually got, this is --

8 MEMBER ALBERTI: Okay so you have

9 a packet --

10 MS. PECK: We're going to give you

11 a packet, but if you'd like to follow along --

12 MEMBER ALBERTI: That's going to

13 be part of the packet?

14 MS. PECK: It's part of the

15 packet.

16 MR. FONSECA: Okay, we have a

17 packet.

18 MR. NELSON: Yes, yes. I prepared

19 this chart.

20 MEMBER ALBERTI: If you would,

21 okay.

22 FEMALE PARTICIPANT: Did he


1 prepare this?

2 MEMBER ALBERTI: You can go back

3 between the table and handle this part, all

4 right.

5 (Crosstalk)

6 MS. PECK: Okay, all right, thank

7 you.

8 MEMBER ALBERTI: So --

9 MR. FONSECA: If I could at this

10 point, I'm going to just have a standing

11 objection in general. The problem is you'd

12 have to be voir dire'd, even before you

13 started all this to get a sense of, other than

14 his engineering credentials that he spoke to,

15 as to whether he really knows how to handle

16 the sound meter, or the sound meter was

17 calibrated before he got it.

18 How he's, over the last three

19 months, continued to calibrate it, and a

20 number of things as to whether it's, you know,

21 on a fast response or a slow response, much as

22 our expert testified to.


1 And I've let him go on because I'm

2 afraid of annoying the board by objecting

3 every 15 or 20 seconds. So now that we're

4 going to get to exhibits, it really comes back

5 down to this, as to whether he can testify to

6 what he did and then give whatever credibility

7 to it.

8 But I have concerns, and at this

9 point, as long as they are not putting an

10 Exhibit C which he can testify to, which is a

11 very lengthy affidavit of his, I guess we have

12 to reach what do we do now about readings that

13 he took and their reliability.

14 MEMBER ALBERTI: So let me free

15 this up. So we have this list of readings,

16 and there is a related document you said?

17 MR. FONSECA: Yes, C, Exhibit C.

18 MEMBER ALBERTI: What is Exhibit

19 C?

20 MS. PECK: We have, C is an

21 affidavit that Mr. Nelson has prepared that he

22 has, would like to submit. And we've attached


1 it to our initial statement.

2 MEMBER ALBERTI: What is it?

3 MS. PECK: It's a description of

4 the noise meter itself, some of the readings

5 that he took. He's also got attached to it

6 some research that he's pulled from different

7 --

8 MR. NELSON: The literature.

9 MS. PECK: -- from the literature

10 that talks about things we may or may not even

11 ask about today. So he's just done some

12 research and he put it all together in an

13 affidavit.

14 For this point what I would have

15 to say, it goes to credibility. You can see

16 the numbers, and you can take what you will

17 from them.

18 You will see that the ambient

19 readings that he has taken are consistent with

20 the ambient readings of a licensed sound

21 engineer.

22 You will hear that the sound


1 engineer said that this type 2 meter that he

2 is using is permitted by the law. We're not

3 submitting these as a proof of a violation,

4 and that this is something that, you know,

5 we're hoping to come away with in that sense.

6 But if you would like to know

7 what, you know, the residents are doing to try

8 to help themselves in the absence of effective

9 law enforcement --


11 MS. PECK: -- this is what we're

12 doing.

13 MEMBER ALBERTI: Okay, okay, so --

14 MS. PECK: And this is for you to

15 look at.

16 MEMBER ALBERTI: I got you.

17 MS. PECK: Okay.

18 MEMBER ALBERTI: Okay, so Mr.

19 Fonseca, do you have any objections to him

20 testifying to what's there, and I would not

21 rule on your objection until, see I need more

22 information.


1 Like you said, we need to

2 understand, and I'm assuming you will get to

3 this, or at least some of the board members

4 will, as to how was this used? What is the

5 equipment, was it calibrated? All those kind

6 of things.

7 So I don't want to rule on your

8 objection until I hear all that. So can we

9 proceed with the testimony? Do you have any

10 objections to proceeding with the testimony?

11 MR. FONSECA: No objections. But

12 if they're going to allow you to see that then

13 I think that you should also see the original

14 Exhibit H, and not the corrected one which is

15 limited to Ozio, which has all of the

16 establishments they were taking readings on to

17 get a comparable --

18 MEMBER ALBERTI: I'll let you

19 submit that at the end as your exhibit.

20 MR. FONSECA: Well it is in their

21 packet, so this H --

22 MEMBER ALBERTI: Oh it is? Well


1 I'm understanding it's not in there.

2 MR. NELSON: Let me clarify that.

3 MEMBER ALBERTI: It's not in the

4 packet now.

5 MR. NELSON: The problem with that

6 is we intended to submit both exhibits, but we

7 double number, I mean, we put the same letter

8 on two of them. They're both intended --

9 MEMBER ALBERTI: All right. So

10 you put --

11 (Crosstalk)

12 MEMBER ALBERTI: Ms. Peck, would

13 you like to submit both of them?

14 MS. PECK: That's fine if they're

15 both submitted. We stand behind both of them.

16 MEMBER ALBERTI: Okay, so we'll

17 just have, whatever that is, H(a) and H(b), or

18 whatever.

19 MR. FONSECA: I assume the board

20 has these. I don't want to give up my one

21 set, because I'll need to talk --

22 MEMBER ALBERTI: Well, I'll


1 request to have --

2 MS. PECK: Yes, you have them.

3 You'll have them in your own, you know, little

4 set once it's submitted. But for the purposes

5 of this discussion, it might be helpful for

6 you to have this --

7 MEMBER ALBERTI: Okay, let's

8 proceed and then I'll rule as to whether or

9 not we'll --

10 MALE PARTICIPANT: To follow

11 along, you'll probably need to see them.

12 MEMBER ALBERTI: You think so?

13 MS. PECK: I do.


15 I don't think so. I think we can just --


17 MS. PECK: Okay.

18 MEMBER ALBERTI: Let's proceed and

19 see how we go with this.

20 MS. PECK: Okay. Why don't you,

21 Mr. Nelson if you would, talk specifically

22 about the visits you've paid to Ozio and what


1 the readings were that you took there.

2 MR. NELSON: We visited, we went

3 to the alcove, which has been described in

4 earlier testimony, the driveway behind Ozio,

5 at the base of their eastern wall, directly

6 below the roof deck. And we went there six

7 times.

8 Five of them, we collected data

9 during the bar operating hours. And those

10 numbers are shown, the 71 and the 76, there

11 are five sets of those on different nights.

12 We went one time in the daytime,

13 just to get a early evening when it wasn't

14 operating, what was their real base. And that

15 was 61.

16 And we did go one time into the

17 bar and upstairs to the lounge, I mean to the

18 roof deck, and we measured the inside. We're

19 not really concerned about what's going on in

20 the inside.

21 We're only concerned about what's

22 emanating out, and that was 101, but that


1 video hasn't been --

2 MS. PECK: We'll get to that in a

3 minute, just --

4 MR. NELSON: Okay. And then we

5 went to the --

6 MR. FONSECA: I mean, you haven't

7 discerned how you're doing, I object because

8 --

9 MS. PECK: I'm just asking him to

10 go through the process --

11 MEMBER ALBERTI: Yes, well I think

12 Mr. Fonseca, I have to agree with Mr. -- I

13 mean, I'm having trouble. I need to know. I

14 need some basis here. You know. How was this

15 --

16 MALE PARTICIPANT: Organized.

17 MEMBER ALBERTI: Yes. Well, I

18 mean, how are these readings taken? Were they

19 slow? Were they fast? How long did he have

20 the machine? Was it calibrated, because yes,

21 I mean, I'm just struggling here to even

22 believe any of these numbers, or to put any


1 credence.

2 I mean, I can hear them, but I

3 can't give them, I personally can't give them

4 much weight because I don't know about this

5 instrument.

6 MS. PECK: Why don't we go into

7 more detail there? We can ask questions about

8 that. Why don't you start by holding up the

9 instrument, talking about what condition it

10 was in when it was provided to you, how it

11 operates, whether it's on the slow or the fast

12 setting. Just give them as much information

13 as you can.

14 MR. NELSON: It was handed to us

15 by the noise construction supervisor at DCRA

16 suggesting we use it to find out what the

17 situation on the ground is in the club central

18 area. We have not calibrated it.

19 We're relying on calibration by

20 DCRA, that it would not need re-calibration.

21 I think from my search in literature the

22 effect of re-calibration does not produce a


1 serious number, and what we're looking for

2 here, or what we find is large gaps between

3 groups of numbers.

4 And we don't need type 1, or

5 really accurate numbers. We need to get a

6 rough range of what's the noise in these

7 places. This meter is, the manufacturer says

8 that the accuracy is from 1.4 to 3.6 percent

9 of the rating, in the range of what we expect

10 from the night clubs. Basically 50 hertz up

11 to about 2 kilohertz.

12 MS. PECK: And how do the settings

13 work? How do you, when you are ready to take

14 a setting or reading, what do you do?

15 MR. NELSON: When you use it, you

16 need to set three parameters. Do you want dBa

17 or dBc, which makes a difference about how the

18 lowest frequency noises are handled.

19 What range do you want to read in?

20 So that's just a matter of setting whether you

21 want it to 30 to 80, 50 to 100, or 80 to 130.

22 That's just a matter of picking a dial, which


1 number range you expect to do.

2 We always use it on slow because

3 we weren't really interested in instantaneous

4 values. We're interested in what's the

5 general noise level at this spot.


7 MR. NELSON: That's how we used

8 the meter. And it's true we did not calibrate

9 it. I mean, we accepted DCRA's calibration

10 and left it at that.

11 MEMBER ALBERTI: Mr. Nelson I have

12 to ask, so did you have a consistent, your

13 three range levels for noise --

14 MR. NELSON: Yes.

15 MEMBER ALBERTI: -- right? For

16 levels, did you consistently use one? Or did

17 that vary?

18 MR. NELSON: It depended on what

19 the sound level was. We tried to use the

20 range which would best bracket the sound

21 expected.



1 MS. PECK: Could you explain what

2 that means because you explained that to me

3 yesterday? I didn't know about it.

4 MR. NELSON: If we expect 70 we'd

5 use the one that would go from 50 to 100.

6 MEMBER ALBERTI: Right, right. So

7 when you went inside you used the higher one.

8 MR. NELSON: When we're inside

9 we'd use the 130.

10 MEMBER ALBERTI: Got you.

11 MR. NELSON: Actually, if you

12 tried to read a number off the range it won't

13 give you a number at all.

14 MEMBER ALBERTI: Did you use dBa

15 or dBc?

16 MR. NELSON: I'm sorry, what?

17 MEMBER ALBERTI: Did you use dBa

18 or dBc?

19 MR. NELSON: We used A because the

20 law requires A. I actually tested C, and in

21 my next life in this game, I'll suggest that

22 the problem with dBa is for these low


1 frequency noises, we're using the wrong

2 instrument with the wrong set of rules.


4 MR. NELSON: But that's for the

5 task force. I don't think that has anything

6 to do with this particular --

7 MEMBER ALBERTI: All right. I'm

8 going to overrule the objection, Mr. Fonseca.

9 I think that there is some value here. I

10 recognize that we have a non-expert using a

11 piece of equipment that they don't own.

12 And so, but, just one moment. I

13 think I have a comment from one of my board

14 members. Do you want to discuss it offline

15 Mr. Jones? Or do you want to --

16 MEMBER JONES: Just very quickly.

17 You made the comment that it was a non-expert.

18 Is that based on the fact that he wasn't

19 certified as being --

20 MEMBER ALBERTI: That's right.

21 Right, right, right.



1 MEMBER ALBERTI: He hasn't been

2 certified and I don't think anyone's claimed,

3 I haven't heard anyone claim that he's an

4 expert. I'm not challenging his level of

5 knowledge as an engineer.

6 I'm just technically, in terms of

7 how we view things in the court, you haven't

8 been certified as a sound expert.

9 MEMBER JONES: Thank you for that

10 Mister.

11 MEMBER ALBERTI: You're welcome

12 Mr. Jones. Thank you for that also. Some of

13 these measurements can be viewed relatively.

14 I mean, repeated measurements can be viewed

15 relative to one another. So there may be some

16 probative value here, but the board

17 understands the limitations.

18 So we are going to, I'm going to

19 admit this. So let's proceed. Okay? And I

20 guess, so then, we can see that exhibit if we

21 want to. Why don't you give us the packet?

22 MS. PECK: You want the whole


1 packet?

2 MEMBER ALBERTI: Ms. Jenkins, if

3 you could take the packet and then --

4 MS. PECK: Maybe things are that

5 you did not know.

6 MEMBER ALBERTI: Yes. So I, you

7 know.


9 MR. FONSECA: It's not? It needs

10 to be then.


12 MEMBER ALBERTI: Can we get --

13 okay, Ms. Jenkins will make sure that we get

14 copies for our records, but --

15 MR. FONSECA: We have copies of

16 this?

17 MS. PECK: I have one more copy of

18 it. I thought it was in the packets.


20 MR. FONSECA: Is this, I thought

21 this was --

22 MS. PECK: Well, we had some


1 packaging confusion earlier.

2 MEMBER ALBERTI: All right, I

3 think Ms. Jenkins can get copies.


5 MR. FONSECA: Yes.

6 FEMALE PARTICIPANT: No, they've

7 got copies. --

8 MS. PECK: Incorrect H. That's

9 the other --

10 MR. FONSECA: Yes, there are, oh

11 no, no. Not the incorrect, yes. But there's

12 also a longer chart. There's two H's behind

13 the tab. Do you have two H's behind the tab

14 there, Sarah?

15 MS. PECK: No, not really, no.

16 MR. FONSECA: I think --

17 MS. PECK: I thought we did.

18 MR. FONSECA: I thought, can we

19 look at one of those?


21 MS. PECK: Here we go. Here's

22 another copy of it.



2 MS. PECK: You can make copies.

3 FEMALE PARTICIPANT: I'll go make

4 copies.

5 MR. FONSECA: Okay. This time

6 hopefully you've got your page. It's hard, no

7 this is G. What do you think Sarah? No, it's

8 not? So it's not in here. You're right.



11 MEMBER ALBERTI: All right. So

12 Ms. Peck, proceed.

13 MS. PECK: Okay. Going back in

14 this chart, if you could just talk about the

15 readings that you took, and how you took the

16 ambient readings.

17 And then I'd like you to focus on

18 the readings that we took on March 8th, 9th,

19 that weekend, which was two weekends ago,

20 because we have videos for that.

21 MR. NELSON: I took all readings

22 the same. I went to the spot. I turned the


1 meter on. Got it in the range and I let it

2 run for, first it had to settle down.

3 And then I'd let it run and just

4 watch how it was ranging for two or three

5 minutes, and then record the range. So I'm

6 not testifying to two significant figures on

7 any one, just the rough range.

8 We were only looking for a rough

9 map of what's happening out there. I think

10 the reason we got in this one, in this thing

11 is this coincided with the issuance recycle.

12 So here was a place we could introduce the

13 problem.

14 MS. PECK: So Mr. Nelson, on March

15 8th, or Saturday the 8th of, the morning of

16 the 9th, we went inside of Ozio, and we went

17 to the roof deck at Jefferson, and then we

18 went to the alley. So tell us about what we

19 did and what the numbers were that we took on

20 that occasion.

21 MR. NELSON: We went to the, at

22 the invitation of one of the Jefferson Row


1 residents, we went to the Jefferson Row

2 terrace, which is I think, the fifth floor

3 looking out onto Jefferson Place.

4 And we went to the point closest

5 to Ozio, the southeast corner of that deck.

6 And we could clearly see Ozio's lights. And

7 we could hear a lot of music playing. And it,

8 in my estimation, most of that was coming from

9 the Ozio direction.

10 We read the meter. It was 68 to

11 73. And we walked back to the northwest

12 corner of the terrace to get a reading away

13 from this, at least somewhat away.

14 And we've called that ambient, and

15 that was 63. That was looking out basically

16 onto the corner of Jefferson Place and 19th

17 Street.

18 MS. PECK: And then we went to the

19 interior?

20 MR. NELSON: Then we went to the

21 interior, went up to the bar, the roof deck,

22 and read that number of 101.


1 MR. FONSECA: Yes, I know this is

2 a little out of order, but since, it might be

3 easier to do objections or absent my ability

4 to query how he was doing the readings here,

5 as opposed to wait until it's all done,

6 because you talk about taking, you did

7 readings on the terrace.

8 MEMBER ALBERTI: All right, all

9 right --

10 MR. FONSECA: Did you get an

11 ambient reading before you went back to then

12 go --

13 MEMBER ALBERTI: Mr. Fonseca, I

14 can imagine that you have lots of questions.

15 MR. FONSECA: It's just --

16 MEMBER ALBERTI: I myself have

17 several questions, so I don't know how --

18 MR. FONSECA: Well I --

19 MEMBER ALBERTI: I just think

20 we're going to have to proceed. I just think

21 we'll have to stay with normal procedures, as

22 cumbersome as they are, and we're just going


1 to have to come back to this.

2 MR. FONSECA: Can we at least

3 split it up once we finish with this so that

4 I can cross on that, and then go back?

5 MEMBER ALBERTI: To?

6 MR. FONSECA: If we wait for the

7 hour before I start all my cross, this is

8 going to be really difficult.

9 MEMBER ALBERTI: Put it up to,

10 where do you want to break? After --

11 MR. FONSECA: Well I'm just saying

12 as to, since he, this is kind of key to how

13 he's taking these readings. Maybe once she

14 finishes her direct on everything that was

15 taken on this corrected Exhibit H, I could

16 perhaps ask some questions about that.

17 Limited only to that.

18 MEMBER ALBERTI: Do you have any

19 problems, any objections to that?

20 MS. PECK: I don't have any, no.

21 MR. FONSECA: Okay, thank you.

22 MEMBER ALBERTI: Okay. So we'll


1 do it that way. Continue.

2 MS. PECK: Okay, so but can he

3 continue to discuss --

4 MEMBER ALBERTI: You can continue,

5 yes.

6 MS. PECK: All right. So --

7 MEMBER ALBERTI: Please, continue.

8 MS. PECK: -- so you went inside.

9 Into the business and took --

10 MR. NELSON: We went up to the

11 roof deck and did the same thing. Turned the

12 meter on and recorded the number.

13 MS. PECK: And where were you

14 standing?

15 MR. NELSON: I was standing close

16 to the disc jockey. I don't know exactly

17 where the speaker was, but I was next to the

18 disc jockey.

19 MS. PECK: And where was the, was

20 the roof open?

21 MR. NELSON: The roof was open. I

22 counted, there were I think 12 panels on the


1 roof. One of them was open.

2 MS. PECK: Okay, and then --

3 MR. NELSON: That was about, oh I

4 don't know, 40 feet, 30 feet from the point

5 where I had the meter up to the open roof, was

6 I don't, 30, 40 feet.

7 MS. PECK: Okay. And then we took

8 a meter reading in the alley. Is that,

9 finally, is that correct?

10 MR. NELSON: We done that before.

11 MS. PECK: We had done it before?

12 Okay. All right, so I'll turn it over to you.

13 MEMBER ALBERTI: Okay. I'm going

14 to keep you very focused Mr. Fonseca.

15 MR. FONSECA: No, no, no.

16 MEMBER ALBERTI: This way I'm --

17 MR. FONSECA: I'm going to --

18 MEMBER ALBERTI: Please.

19 MR. FONSECA: Let's just verify,

20 that's where I'm going to start, here. Did

21 you take the readings in the alcove, which

22 we'll ask what that is better in a moment,


1 first, or on the Jefferson Road terrace first?

2 MR. NELSON: The times are there.

3 The alcove was at 12:30 a.m. The Jefferson

4 terrace was 12:45, and the interior was at

5 1:45.

6 MR. FONSECA: All right. I see a

7 bunch of different times. So we're just

8 looking now on your March 9th, which you had,

9 okay.

10 (Crosstalk)

11 MR. FONSECA: I see that now. So

12 all these are March 9th you're talking about?

13 MR. NELSON: Yes.

14 MR. FONSECA: Okay. So the alcove

15 is at 12:30 and the interior, okay then you

16 went to the terrace. So here's my first

17 question then.

18 When you took the sound, where is

19 this alcove? I know note A is supposed to

20 describe it, but can you?

21 MR. NELSON: There is an east,

22 okay.


1 MR. FONSECA: But I asked you

2 where --

3 MR. NELSON: The question is where

4 is the alcove?

5 MR. FONSECA: Yes, yes.

6 MR. NELSON: There is an east-west

7 alley that runs parallel to M Street, between

8 M and Jefferson Place. It runs as Anne Kappel

9 says, up to the back of 18th Street Lounge, or

10 the back of the things facing onto 18th

11 Street.

12 Before you get just near the east

13 end of that there is a driveway that runs

14 along the Ozio's west wall. Runs along west

15 wall. We stood in that alcove, we were

16 probably about five feet --

17 MALE PARTICIPANT: East wall.

18 MR. NELSON: -- because there were

19 cars parked there, we were five feet, we were

20 on the west side of that alcove. So we were

21 at the base of the wall, about five feet off

22 the wall.


1 MR. FONSECA: Okay, and where is

2 that in relationship to 18th Street Lounge?

3 MR. NELSON: 18th Street Lounge

4 is, finish going up the alley, turn left and

5 it's about 50 feet up there.

6 (Off microphone conversation)

7 MR. FONSECA: Okay. All right so

8 you're behind the building. This is where

9 you're calling this alcove. All right.

10 MR. NELSON: Yes.

11 MR. FONSECA: So you're taking

12 this reading, and is that where the roof is

13 open? Or is the roof recessed farther at that

14 point?

15 MR. NELSON: Couldn't tell.

16 MR. FONSECA: Couldn't tell.

17 Okay.

18 MR. NELSON: Can't see that part

19 of the roof from that point. I couldn't.

20 MS. PECK: But you could see what

21 it looked like, and from the Jefferson roof --

22 MEMBER ALBERTI: Wait, wait, Ms.


1 Peck. Ms. Peck I'm trying to keep some, I'm

2 trying --

3 MS. PECK: I'm just trying to --

4 MEMBER ALBERTI: I understand, I

5 understand --

6 MS. PECK: I'm sorry. I'm sorry.

7 MEMBER ALBERTI: -- but it's going

8 to get, we're already --

9 MS. PECK: Fair enough.

10 MEMBER ALBERTI: -- we're already

11 very --

12 MR. FONSECA: All right.

13 MEMBER ALBERTI: -- free from

14 procedures here.

15 MR. FONSECA: All right. So now

16 we're at the terrace. You've got two

17 readings. I'm trying to understand, this is

18 when you said you were up there, most of the

19 noise was coming from Ozio. That was your

20 statement.

21 MR. NELSON: That was my, that's

22 only a judgment call. I'm not making a firm


1 --

2 MR. FONSECA: Understood, but that

3 --

4 MR. NELSON: -- claim as to any

5 specific degree. That's just my, because all

6 of these are simply the measurements. I make

7 no claim about the source of any of the noise.

8 MR. FONSECA: But that's important

9 because you're claiming these readings are now

10 Ozio's sound measurements --

11 MR. NELSON: No, no --

12 MR. FONSECA: -- and not 18th

13 Street Lounge's sound measurements.

14 MR. NELSON: No, I'm claiming that

15 I took those at that point. I took these

16 measurements at that point, as close as I

17 could get to Ozio's.

18 MR. FONSECA: No, I'm now on the

19 terrace. Now I'm now on the Jefferson road --

20 MR. NELSON: On the terrace --

21 MR. FONSECA: -- terrace.

22 MR. NELSON: -- I did the same


1 thing. I took the readings.

2 MR. FONSECA: But at the same time

3 you're saying it was the most noise. So how

4 do you, let me, here's the point.

5 When you take the ambient reading,

6 which has no deed,

7 you now go away from the noise to point it at

8 19th Street, and that seems to make no sense

9 if you're really trying to see what's the

10 ambient sound, which really should be without

11 the music.

12 MR. NELSON: Okay.

13 (Crosstalk)

14 MR. FONSECA: So I don't know how

15 you have that as a point --

16 MR. NELSON: I'm reporting, I'm

17 reporting here what I did.


19 MR. NELSON: I'm not making an

20 interpretation of it.

21 MR. FONSECA: All right. So at

22 the time you took these tests, was there music


1 coming from 18th Street Lounge, to the best of

2 your knowledge?

3 MR. NELSON: There was, 18th

4 Street Lounge was visible. There was sound,

5 quite a bit of sound coming from that

6 direction. I couldn't tell, I know that 18th

7 Street Lounge is over to my left, Public is

8 over to my left.

9 I know that, but I didn't, it just

10 appeared to me, roughly, as a human judgment,

11 where was the majority of the sound coming

12 from, and I would say from the southeast where

13 I could see.


15 MR. NELSON: Ozio's.

16 MR. FONSECA: That takes care of

17 that.

18 MEMBER ALBERTI: All right. Thank

19 you, Mr. Fonseca.


21 MEMBER ALBERTI: Ms. Peck, please

22 continue.


1 MS. PECK: Mr. Nelson, you looked

2 at the Ozio engineer's sound report, right?

3 Do you recall that report? Did you have a

4 chance to look at it?

5 MR. NELSON: I did.

6 MS. PECK: Do you recall what the

7 ambient reading was, what they took on the

8 Jefferson terrace roof deck?

9 MR. NELSON: No. You can refresh

10 my memory with the document.

11 MS. PECK: Right. I was now

12 trying to pull out the document. Relying on

13 that snap memory, it didn't --

14 MR. FONSECA: Mr. Nelson, you sure

15 you haven't done this before?

16 MALE PARTICIPANT: Scientist.


18 MR. NELSON: When it comes to

19 believing what I say about --

20 MEMBER ALBERTI: Whoa, whoa, whoa

21 Mr. Nelson --

22 MR. NELSON: -- what you have to


1 hear --

2 MEMBER ALBERTI: -- We really, Mr.

3 Nelson, Mr. Nelson, Mr. Nelson --

4 MR. NELSON: -- first two years of

5 my daughter's --

6 MEMBER ALBERTI: -- Mr. Nelson,

7 Mr. Nelson, please, please, please. I'm

8 trying to keep some order here. You know, I

9 know you have lots to say, but we really need

10 to have that question answered.

11 (Off microphone conversation)

12 MR. NELSON: Which are you,

13 background ambient outdoor terrace is 62.

14 MS. PECK: So your readings were

15 in the neighborhood of what the sound engineer

16 got in both of the ambient locations that you

17 took.

18 MR. NELSON: My reading was 63.

19 MS. PECK: I would like to do

20 something, I'd like to admit some evidence

21 that I am sure we're going to have lots of

22 fight about, so let me just propose this and


1 we can decide how we want to handle this.

2 We did take video footage of these

3 three locations. One of them is frozen on the

4 screen right here. We do have them on a disc

5 that we can submit as evidence. They're also

6 been provided to you in links to our website.

7 They're very short. They will

8 simply give you a flavor, since we obviously

9 are not going to hear the same sound level in

10 this room, with this equipment.

11 But it will show you if you choose

12 to view them the kind of sound that's being

13 played, was played that night by a DJ on March

14 8th under the open roof. You will see the

15 changing meter, you can see that it's

16 functional.

17 And the one that was taken on

18 Jefferson Road terrace, this is the terrace

19 that Anne was speaking about. You can direct

20 line of vision. You can see the open roof.

21 You could see people mingling

22 around. You can hear distinctive sound from


1 it. So if you would like, I would like to

2 introduce these as evidence that you can view,

3 And I'm sure we're going to have an objection.


5 Fonseca?

6 MR. FONSECA: She is correct.

7 MEMBER ALBERTI: And your

8 objection?

9 MR. FONSECA: Well we do object

10 for a couple of reasons. You testified that,

11 your notes, that the measurement that you see

12 here with this 101, it's there as 101.8, was

13 at an area it says was by the DJ, which I

14 could have Mr. Christacos testify to, which is

15 immediately next to the DJ is the speaker and

16 the sub-woofer, which would be the point where

17 you're going to get possibly the loudest

18 levels of noise

19 And if you are going now show a

20 video that's going to be basically having a

21 microphone right next to a speaker, it's going

22 to be incredibly prejudicial and not


1 representative of what's in the middle of the

2 room, what's at the far end of the room, and

3 it's just, you know. That's my objection.

4 MEMBER ALBERTI: And so it's to

5 that piece of video. We have two other pieces

6 of video.

7 MR. FONSECA: I would have to look

8 at those again, recall what they were.

9 MEMBER ALBERTI: Okay, so with

10 this piece of video, what's the value for us?

11 I mean, what's the purpose of showing, we have

12 the reading Ms. Peck. It's there, I have it

13 on this piece of paper.

14 You've told us where in the

15 establishment it is, and I'm sure Mr. Fonseca

16 is going to enlighten us even more as to where

17 that position is. And so what's its purpose?

18 MS. PECK: The purpose for this

19 one is that you can hear the kind of pounding,

20 grating, technical, mechanical sound that is

21 coming right out of the roof that's right

22 ahead.


1 You can see the layout of the

2 rooftop we've been talking about. And you

3 can, I think it informs you as to the kind of

4 operation, because what we're trying, what I

5 understand we're supposed to be talking about

6 is appropriateness.

7 So the question will be is this

8 kind of music, is this kind of set up, is

9 these kinds of sound levels, all of these

10 things, are these the kinds of things that

11 are, you know, in a protest setting, maybe I

12 don't understand what we're doing here today,

13 but I think we're trying to talk about how all

14 of this fits into the community, whether this

15 is appropriate activity to be in our

16 community.

17 So it's, you've now heard what you

18 will see. You can even choose to see it and

19 then decide not to accept it if you wish. The

20 second one, on Jefferson Road --

21 MEMBER ALBERTI: Okay, well let's

22 just stay with this one because --


1 MS. PECK: Okay, very well.

2 MEMBER ALBERTI: I'm having

3 trouble here because I don't know that the

4 nature of the music really matters to me. I

5 mean, the volume does, but you know, whether

6 it's country or disco I don't really care.

7 And so I don't know what it, I'm

8 still kind of struggling what is shows me.

9 Mr. Jones?

10 MEMBER JONES: I'm very interested

11 in hearing the nature of the music, because

12 based on the testimony you all provided

13 earlier, the nature of the music does have an

14 impact on how it is received.

15 MEMBER ALBERTI: What is the

16 quality, I think we are talking about, just to

17 be clear, I think, what qualities would be of

18 importance about the music for you to know?

19 MEMBER JONES: Frequency. Like, a

20 lower range or higher range.


22 MEMBER JONES: And that's just


1 based on the direct testimony that was

2 provided by the Licensees.

3 MEMBER ALBERTI: And you believe

4 that the video is going to provide enough

5 information on that for you?

6 MEMBER JONES: I can't possibly

7 answer that question.

8 MEMBER ALBERTI: Okay, okay. I

9 will, we'll accept this for what it's worth.

10 I'm doubtful it's going to be helpful, but we

11 will accept it. And now the other two videos?

12 MS. PECK: Okay, the second one is

13 a, it was taken on the corner of the terrace,

14 of the Jefferson Row roof deck. Anne Kappel

15 testified, that's the roof deck that I

16 believe, that her apartment looks out onto.

17 So you've heard about it in

18 testimony today. And we took the video from

19 the point that you could literally stand as

20 close as you could to Ozio.

21 So you can see the line of sight.

22 You can see, you can judge for yourself


1 whether you hear competing noise. And in

2 fact, you know, obviously there is competing

3 noise out there, that's part of the big

4 problem with all of this.

5 But you actually can distinctly

6 hear, in this video, that Ozio's, sort of what

7 Anne Kappel was testifying about. That you

8 actually can tell which of these

9 establishments it appears that the music is

10 coming from.

11 MEMBER ALBERTI: Okay and the

12 third one?

13 MS. PECK: The third one is one

14 that I'm less passionate about presenting, but

15 I'm happy to. That one is the one that's

16 taken in the alcove.

17 From there you can look up and you

18 can see the distance up to the roof. So I

19 believe this the place also where the sound

20 engineer was taking his measurements as well.

21 So you can just get a sense of,

22 but all you see is roof and then it kind of


1 goes down into the darkness. So it doesn't

2 show a lot visually, but I'm happy to show it

3 to you --


5 MS. PECK: -- if you would like to

6 see it.


8 objections to those two pieces of video?

9 MR. FONSECA: I'm not sure if it's

10 going to get me anywhere. I'll just leave it

11 as a standing objection. And I don't know

12 that this is exactly the same place.

13 I believe the sound engineer was

14 taking it in the west side of, being in the

15 alley, was on western, did you say, he did say

16 the rear.

17 MALE PARTICIPANT: He took from

18 all locations. Mostly it was --

19 MEMBER ALBERTI: We have his

20 testimony. We can look at it. I think I, I

21 understand. I'm a little, it may have been a

22 slightly different location.


1 MALE PARTICIPANT: -- on the side

2 not the back end.


4 that. I'll note that. But so your objection

5 is noted. But we will take these into

6 evidence now. So do we want to show them now?

7 MR. FONSECA: Are we going to view

8 all three now?

9 MEMBER ALBERTI: Let's just view

10 all three. Let's do this.

11 MS. PECK: So the next question is

12 can you see these, or do we need to have you

13 turn around, or I'm not sure how this works.

14 MEMBER ALBERTI: When, you have it

15 hooked up on, and you're going to show it off

16 of your laptop?

17 MS. PECK: Yes, and you can see

18 here on these two monitors here which are --

19 MEMBER ALBERTI: But you --

20 (Crosstalk)

21 MS. PECK: You have it? Okay,

22 very good. All right.


1 MALE PARTICIPANT: We're getting

2 hi-tech here.

3 MS. PECK: All right. All right,

4 so the question is am I hi-tech enough to do

5 this? Let's see.

6 MR. FONSECA: That's always a

7 problem.


9 MALE PARTICIPANT: After all that.

10 (First video playing)

11 MEMBER ALBERTI: Oops.

12 MS. PECK: That's it.

13 MEMBER ALBERTI: Oh.

14 MS. PECK: So these are all very

15 short.


17 MS. PECK: Would you like to see

18 it again? Or is that sufficient?

19 MEMBER ALBERTI: Does anyone want

20 to see it again?

21 MEMBER JONES: I saw one on one.

22 MEMBER ALBERTI: Okay. We're


1 fine. Go ahead.

2 MS. PECK: Okay.

3 MEMBER ALBERTI: Second one.

4 MS. PECK: All right now. We will

5 play the second one.

6 (Second video playing)

7 MEMBER ALBERTI: Minimize. Yes.

8 MS. PECK: Oh.

9 MEMBER ALBERTI: Yes, you can

10 start this again. You can start this again

11 and maximize it.


13 MALE PARTICIPANT: Yes, there you

14 go.

15 MEMBER ALBERTI: There you go.

16 MALE PARTICIPANT: Rewind.

17 MEMBER ALBERTI: And rewind.

18 MS. PECK: All right. Wow.

19 MEMBER ALBERTI: It should bring

20 back. There you go.

21 MS. PECK: Okay, so that blue area

22 you see there is you're looking out from the


1 terrace over the alley areas to Ozio there.

2 MR. FONSECA: We'll concede that

3 even though it's testimony.

4 (Second video played again)

5 MS. PECK: The, as we did with all

6 of our other exhibits, it looks like we put

7 the wrong version in here. There's another

8 version that you have a link to on the exhibit

9 pack, which actually shows the noise meter in

10 it. This was taken right before or right

11 after that.

12 MEMBER ALBERTI: Okay. This will

13 be what's in evidence.

14 MS. PECK: The idea is there

15 anyway.

16 MEMBER ALBERTI: But you know this

17 is what will be in evidence.

18 MS. PECK: Yes. And let's see.

19 There we go. So again, how do I --


21 (Third video played)

22 MEMBER ALBERTI: Okay, let's


1 restart it over.

2 MALE PARTICIPANT: All right.

3 MS. PECK: All right. Thank you

4 for your forbearance. I appreciate it.

5 MALE PARTICIPANT: Put it in

6 there.

7 MS. PECK: And so you will be

8 looking up at the roof.

9 MEMBER ALBERTI: Just for the

10 record. We're really on the, if I have my

11 directions right, we're on the east side of

12 the building, right?

13 MR. FONSECA: Actually, they're in

14 the rear.

15 MR. NELSON: West side.

16 MR. FONSECA: On the west side of

17 the building.

18 MEMBER ALBERTI: But where are we?

19 But now wait.

20 MR. FONSECA: On the rear and then

21 there's a little alcove on the --



1 So Mr. Nelson, can you tell us where we are?

2 MR. NELSON: You're on the west

3 side of the back half of Ozio's building.

4 MEMBER ALBERTI: I don't know. So

5 we're --

6 MR. NELSON: Looking --

7 MEMBER ALBERTI: We're on the back

8 --

9 MR. NELSON: Looking up, east.

10 MEMBER ALBERTI: Okay wait, wait,

11 wait. So we're on the back of --

12 MR. NELSON: -- of the east up to

13 the --


15 MR. NELSON: -- roof deck.

16 MEMBER ALBERTI: So we're on the

17 south, we're basically at the southwest corner

18 of --

19 MR. NELSON: North, you're at the

20 northwest corner.

21 MEMBER ALBERTI: You're right, I'm

22 sorry. You're at the northwest corner of


1 Ozio's, right there.

2 MR. NELSON: Yes.

3 MEMBER ALBERTI: Okay. Now I

4 understand.

5 (Third video played again)

6 MS. PECK: This, also not the

7 correct --

8 (Third video continued)

9 MEMBER ALBERTI: Okay. Thank you.

10 MS. PECK: So from the standpoint

11 of actually admitting these videos, have I

12 established enough information --

13 MEMBER ALBERTI: We're going to

14 admit it. We'll admit this video. So this

15 becomes, I guess, you're lettering your

16 exhibits so this now is being L. This would

17 be M, I think. Is that correct? Protestant's

18 Exhibit M? The last one in your packet is L.

19 MR. NELSON: The video is that

20 one.

21 MS. PECK: The videos actually

22 have letters already. The first --


1 MR. NELSON: They're in the PIF.

2 MS. PECK: Yes, so --

3 MEMBER ALBERTI: Well your packet

4 goes to L.

5 MS. PECK: Yes, so B --

6 MR. FONSECA: Exhibit H is

7 dropped.

8 MS. PECK: -- is the clip on the

9 dance floor. Exhibit B.

10 MEMBER ALBERTI: All right. Then

11 --

12 MS. PECK: If we want to do it the

13 way it's marked in the packet.

14 MEMBER ALBERTI: No that, yes,

15 that's the time. We're talking about the

16 video itself.

17 MS. PECK: So the Exhibit B in the

18 packet is the, basically the image of being

19 inside, and it gives you a link to a website.

20 Exhibit D --


22 I'm not even finding the exhibit. Oh boy.


1 MS. PECK: So in the packet,

2 Exhibit B, see that?

3 MEMBER ALBERTI: I see Exhibit C.

4 So there's other stuff in this packet, right?

5 MS. PECK: Right.

6 MEMBER ALBERTI: Besides exhibits?

7 MS. PECK: Yes, in the --

8 MEMBER ALBERTI: I see Exhibit A.

9 I see Exhibit B.

10 MS. PECK: Right.

11 MEMBER ALBERTI: Okay, so you

12 want?

13 MS. PECK: So that could be the --

14 MEMBER ALBERTI: Why don't we make

15 the video, all together, all three of them --

16 MS. PECK: B?

17 MEMBER ALBERTI: -- Exhibit B.

18 MS. PECK: We could do that.

19 Absolutely.

20 MEMBER ALBERTI: Is that okay?

21 MS. PECK: Yes.

22 MEMBER ALBERTI: Mr. Fonseca, any


1 problems with that?

2 MR. FONSECA: Yes, just a little

3 note that Exhibit D is the image of --

4 MEMBER ALBERTI: Exhibit B is the

5 image of one of the screens of the first

6 video.

7 MR. FONSECA: That would subsume

8 then what is now the image in Exhibit D, which

9 is also a video --

10 (Crosstalk)

11 MR. FONSECA: -- which I believe is

12 the terrace shot. And I don't know where the

13 --

14 MEMBER ALBERTI: Are all shots of

15 those just part of separate exhibits in here?

16 MS. PECK: Yes.

17 MR. FONSECA: I'm not sure where

18 the one is for the alcove reading.

19 MEMBER ALBERTI: The alcove

20 reading is where, Ms. Peck?

21 MS. PECK: Is that K? Let's see.



1 MS. PECK: It's K.

2 MR. FONSECA: Is that what it is

3 then?

4 MS. PECK: It's K.


6 MEMBER ALBERTI: Okay, so let it

7 be understood that --

8 MR. FONSECA: So it subsumes --

9 MEMBER ALBERTI: -- we have three

10 videos, and they are labeled --

11 MALE PARTICIPANT: Video 1, 2, and

12 3.

13 MEMBER ALBERTI: No, they're

14 labeled Exhibit B, D and K?

15 MS. PECK: B, D, and K.

16 MEMBER ALBERTI: Right. And your

17 packet has a description of what is on each

18 video, I see, right?

19 MS. PECK: Yes.

20 MEMBER ALBERTI: Yes. And just

21 for the record, the board will ignore these

22 links, because we can't look at that evidence.


1 It's not in evidence today. Mr. Fonseca

2 hasn't seen it --

3 MS. PECK: But we do have it.

4 MR. FONSECA: Yes.

5 MEMBER ALBERTI: Just for the

6 record the links that are on these, in this

7 packet will be, on those pages, will be

8 ignored.

9 MR. FONSECA: Will they be erased

10 from everyone's memory?

11 MEMBER ALBERTI: Well we're not

12 going to it.

13 MR. FONSECA: I know, I'm --

14 MEMBER ALBERTI: You have to trust

15 us not to go to it Mr. Fonseca.

16 MR. FONSECA: It's getting late

17 and I'm getting a little weary.


19 questions for Mr. Nelson.


21 MR. FONSECA: I do.

22 MEMBER ALBERTI: Mr. Fonseca.


1 MR. FONSECA: I do. Now that we

2 have, and I think the general counsel should

3 have given you the longer version of Exhibit

4 H. I'm going to --

5 MEMBER ALBERTI: Did you want that

6 to be your exhibit?

7 MR. FONSECA: Yes. That will now

8 become my exhibit --

9 MEMBER ALBERTI: Five?

10 MR. FONSECA: -- 5, I believe.

11 MEMBER ALBERTI: Okay. Any

12 objections Ms. Peck, since you created it?

13 MS. PECK: No problem.


15 MR. FONSECA: All right. Mr.

16 Nelson, maybe we can do some relevant

17 comparisons looking at what is now marked at

18 the bottom, not on yours, Applicant Exhibit 5,

19 but at the top it was your original Exhibit H,

20 chart of night club noise. You have that in

21 front of you correct?

22 MR. NELSON: Yes.


1 MR. FONSECA: Can you go over, all

2 these seem to have been done on the same day.

3 Is that correct?

4 MR. NELSON: The days that are

5 reported there are the days that I did the

6 measurements.

7 MR. FONSECA: Okay, so most of

8 them, when you did your baseline was on

9 November 29, except for the N Street at alley

10 opening, which is the very last reading, which

11 would be the very first row of readings. Is

12 that correct?

13 MR. NELSON: Yes. This chart

14 reflects all the --

15 MR. FONSECA: Okay. And I note,

16 and the board should be able to see, that

17 every establishment here, which are one, two,

18 three, four, five, six, seven, eight, well

19 there's two, four, six, eight, there's nine.

20 Some of the establishments have

21 front and alley. So there aren't nine

22 establishments, but there's at least nine


1 categories. Ozio has no reading as a baseline

2 in their alley or front. All the others do.

3 Is that correct?

4 MR. NELSON: Yes.

5 MR. FONSECA: Okay. Then when you

6 got a baseline with traffic before music,

7 everyone has that, and it appears those were

8 all taken on November 22nd.

9 MR. NELSON: They were taken on

10 whatever day is written there.

11 MR. FONSECA: Okay. And then the,

12 I'm just trying to confirm what these

13 categories, so then the next one is the night

14 club music, time and date. And --

15 MR. NELSON: Those are all, you

16 notice that --

17 MR. FONSECA: There are a couple

18 of dates, being either 23rd of November or the

19 24th, and the times are there. And they

20 actually --

21 MR. NELSON: They're all in the

22 early morning, whereas baseline two is all at


1 10:00 p.m. kind of time.

2 MR. FONSECA: Thank you clarifying

3 that. So these are all pretty close to

4 midnight or after, and in the early morning.

5 MR. NELSON: Yes.

6 MR. FONSECA: Because I know, like

7 18th Street Lounge, it looks like it was at

8 2:10 a.m. on the 24th. Now if you can help

9 me, this difference between baseline two, and

10 that's a plus four. This is the label, +4 dB

11 equals violation. I mean, did you prepare

12 this?

13 MR. NELSON: I did not prepare

14 that column.

15 MR. FONSECA: Do you know who did

16 prepare that?

17 MR. NELSON: I'll ask Ms. Peck.

18 MS. PECK: That would be me.


20 MS. PECK: And I can tell you

21 there is a later version of this chart that

22 says alleged violation.


1 MR. FONSECA: I appreciate that.

2 I guess the point I'm trying to look at is, if

3 we start to compare these alleged violations,

4 it would appear that, to me, that Ozio, which

5 never got a baseline, quiet baseline, but

6 Ozio's is arguably two to six violation, and

7 it is the lowest one here.

8 MEMBER ALBERTI: Yes.

9 MR. FONSECA: Although Public Bar

10 front has one, but it could be up to 13. 18th

11 Street Lounge one, but up to ten, meaning that

12 would be the decibel increases between the

13 gaps of the readings. Is that how it was

14 supposed to read that, Mr. Nelson?

15 MR. NELSON: I didn't prepare that

16 column.

17 MR. FONSECA: Oh, well that's very

18 helpful. Well I'm going to leave this

19 hopefully --

20 MR. NELSON: I took all the

21 readings reported here.

22 MEMBER ALBERTI: You took all the


1 readings reported here?

2 MR. NELSON: Yes.

3 MEMBER ALBERTI: But you didn't

4 prepare the table?

5 MR. NELSON: I put the numbers

6 into the table, yes. I did not complete, I

7 did not do the right most column, the

8 calculations with the violet, I did not do

9 that.

10 MEMBER ALBERTI: So I'm just

11 trying to understand your answer to Mr.

12 Fonseca's question, baseline two. Did you

13 take those readings?

14 MR. NELSON: Yes, I took all the

15 readings on this chart.

16 MEMBER ALBERTI: Okay. So when

17 you said you didn't prepare that, Mr. Fonseca

18 what was your question? I thought it was

19 with respect to baseline two?

20 MR. FONSECA: Yes, I was just

21 noting that --

22 MEMBER ALBERTI: Okay, --


1 MR. FONSECA: -- let's just walk

2 through this.

3 (Crosstalk)

4 MEMBER ALBERTI: -- because I

5 think there's some confusion. Mr. Nelson,

6 baseline two. You took those readings?


8 MEMBER ALBERTI: Have you seen

9 this chart?

10 MR. NELSON: Have I seen this

11 chart?


13 MR. NELSON: Yes.

14 MEMBER ALBERTI: Are those

15 readings, to the best of your knowledge, are

16 those readings the readings that you took in

17 --

18 MR. NELSON: Yes.

19 MEMBER ALBERTI: -- column --

20 MR. NELSON: Yes.

21 MEMBER ALBERTI: -- column

22 baseline two? Okay. Hopefully that's helpful


1 to you Mr. --

2 MR. FONSECA: Yes, yes. No, and

3 night club music, which would mean, baseline

4 two is with traffic before music begins. You

5 took those readings. Correct?

6 MR. NELSON: I took all the

7 readings on the chart.

8 MR. FONSECA: So baseline one,

9 baseline two, and night club music, those

10 columns, you took all those readings?


12 MR. FONSECA: Those are to your

13 recollection --

14 MR. NELSON: Yes.

15 MR. FONSECA: -- the readings you

16 took? Okay. And you did not create the chart

17 that has the difference, which is the column

18 to the rightmost?

19 MR. NELSON: I did not do the

20 rightmost column, no.

21 MR. FONSECA: I would just note,

22 based on an observant eye, that the range, of


1 all of these locations, Ozio has the least

2 deficit, shall I say.

3 MEMBER ALBERTI: We'll get that in

4 your closing.

5 MR. FONSECA: We'll take it in

6 closing, but I wanted to make sure I asked

7 this. He admitted --

8 MEMBER ALBERTI: Sure, it's

9 admitted. It's admitted.

10 MR. FONSECA: -- the same

11 circumspectants that the board may have for --

12 MEMBER ALBERTI: Mr. Fonseca.

13 MR. FONSECA: -- any of the others

14 and I thank Mr. Nelson for that. Mr. Nelson,

15 because I'm not sure what other witnesses

16 there are, but so far you've only testified to

17 noise, but you own your apartment. Are you of

18 the belief that Ozio's is causing negative

19 impact on your low property value?

20 MR. NELSON: That requires an

21 opinion of the witness I believe. The answer

22 is wrapped up in not my belief, but the idea


1 that it's entirely credible that the numbers,

2 that the problems our residents are having

3 with noise from music is coming from, part of

4 it could be coming from Ozio.

5 But the problem is, as I referred

6 to earlier, is that we're using the wrong

7 measurement with the wrong instrument to

8 determine that. So based on my, what I've

9 concluded from my research in that topic, it's

10 possible.

11 MR. FONSECA: It's possible. I

12 mean, are you aware that that's one of the two

13 appropriateness standards that the protest is

14 based on? Negative effect on real property

15 values?

16 MR. NELSON: Yes.

17 MR. FONSECA: So you feel that

18 Ozio's is causing a negative effect on your

19 real property value?

20 MR. NELSON: I feel that is

21 possible.

22 MR. FONSECA: Possible.


1 MR. NELSON: That Ozio could be a

2 contributor to this. And under the present

3 standards that the city is using, we'll never

4 be able to determine it. And all it would be

5 is my opinion.

6 MR. FONSECA: Have you had your

7 property valued other than by the Office of

8 Tax and Government?

9 MR. NELSON: No.

10

11 MR. FONSECA: Have you seen your

12 most recent proposed new assessment value from

13 the Office of Tax and Revenue?

14 MR. NELSON: No.

15 MR. FONSECA: Would it surprise you

16 that it increased from last year's actual

17 assessment?

18 MR. NELSON: It wouldn't surprise

19 me.

20 MALE PARTICIPANT: Yes.

21 MEMBER JONES: You have three

22 minutes left.


1 MEMBER ALBERTI: You have three

2 minutes left.

3 MR. FONSECA: I have three minutes

4 and then I'll leave it alone. I think I'm

5 done.

6 MEMBER ALBERTI: Okay. Board

7 questions? Let me just ask a couple questions

8 for this final minute or two. Mr. Nelson, I

9 just, since I don't know these establishments

10 that well, why didn't, there's no alley

11 measurement for Dirty Martini and Midtown.

12 Can you explain that?

13 MR. NELSON: There's no what?

14 MEMBER ALBERTI: You have no alley

15 measurement on this longer chart that Mr.

16 Fonseca was speaking to. There's no alley

17 measurement for Dirty Martini and Midtown.

18 You have RoseBar front, RoseBar alley. You

19 have Dirty Martini --

20 MR. NELSON: Well --

21 MEMBER ALBERTI: -- front and

22 Midtown front, but no alley.


1 MR. NELSON: I don't know.

2 MEMBER ALBERTI: You don't, there

3 is no rationale for not doing the alleys

4 there?

5 MR. NELSON: I don't think so, no.

6 MS. PECK: Would you like me to

7 answer?

8 MR. NELSON: I think it was just

9 omitted here.

10 MS. PECK: Okay.

11 MEMBER ALBERTI: Okay. Okay. I

12 have no further questions. Mr. Jones?

13 MEMBER JONES: Thank you very much,

14 Chair. Very quickly, the ambient measure that

15 you took, or was noted in the Exhibit H, I

16 believe, that was taken on the 5th.

17 There's a note in here that

18 indicates it was taken, Note D, was taken on

19 the evening of March 5th when none of the

20 clubs, including Ozio, was operating. Do you

21 see that in your exhibit, or in the exhibit?

22 MR. NELSON: No, it was at 7:45.


1 You're talking about --


3 MR. NELSON: -- the one at 7:45

4 p.m. No. We did that when Ozio was, it was

5 not operating, or we thought it was not

6 operating anyway.

7 MEMBER JONES: Correct. So that

8 was a, that was your true ambient reading at

9 that point in time. Yes?

10 MR. NELSON: That was, I'm not

11 making it, I'm not drawing any conclusions.

12 I'm not personally drawing any conclusions

13 about who's responsible for all this noise.


15 MR. NELSON: I'm only telling you,

16 reporting, what I actually measured.

17 MEMBER JONES: So, let me preface

18 this. I'm really just asking these questions

19 so that I have a comparative measure between

20 your readings, and the readings from the --

21 MR. NELSON: Yes.

22 MEMBER JONES: -- the sound


1 engineer that testified earlier. So I just

2 wanted to clarify, and get clear in my head,

3 whether or not I'm looking at apples and

4 apples, or apples and oranges, so when I go

5 back and review these, the evidence, I have a

6 good basis and a level of understanding.

7 So my question to you has nothing

8 to do with whether it came from Ozio or where

9 ever not. I just want to understand you

10 established an ambient value based on the

11 reading that you took on March 5th, 7:45 p.m.

12 And that ambient value, according

13 to the note, indicates that that was taken

14 when none of the clubs were in operation.

15 MR. NELSON: Right.


17 MR. NELSON: It was taken, it was

18 intended to be taken when none of the clubs

19 were in operation.

20 MEMBER JONES: Okay. I just wanted

21 to confirm that that was correct.

22 MR. NELSON: Yes.


1 MEMBER JONES: That statement is

2 correct?

3 MR. NELSON: Yes.


5 MR. NELSON: That was our --

6 MEMBER JONES: And you were the one

7 who took that measurement.

8 MR. NELSON: -- that was our

9 purpose. To get a reading at a time when the

10 others were not in operation.

11 MEMBER JONES: Understood, and you

12 --

13 MR. NELSON: But some of the

14 traffic was flowing around.

15 MEMBER JONES: Correct. That's the

16 definition of the ambient, right? So, make

17 sure, you took that measurement, correct?


19 MEMBER JONES: Okay. And the

20 measurement that was taken on March 9th at

21 11:45 a.m. where it's noted as 63 dBa for

22 ambient, and you noted there, or it's noted


1 here --

2 MR. NELSON: Yes, yes. I took --

3 MEMBER JONES: You took that

4 measurement?

5 MR. NELSON: -- all the readings.


7 MR. NELSON: No one else recorded

8 any --

9 MEMBER ALBERTI: You are the

10 keeper.

11 MEMBER JONES: I got it. No, I

12 just wanted to make sure. I just wanted to

13 establish.

14 MR. NELSON: Yes.

15 MEMBER JONES: It wasn't clear to

16 me that it was established that you actually

17 took these measurements, and if it was I

18 missed it, so I just wanted to make sure I was

19 clear.

20 MR. NELSON: Yes, yes.

21 MEMBER JONES: Thank you. Thank

22 you very much, Mr. Chair.


1 MEMBER ALBERTI: Ms. Peck any

2 cross, yes.

3 MS. PECK: Two quick questions.

4 MEMBER ALBERTI: Redirect based on

5 the board's questions?

6 MEMBER JONES: Two minutes.

7 MS. PECK: That chart was made

8 roughly in November time frame. Is that

9 correct?

10 MR. NELSON: I don't remember when.

11 MS. PECK: Just based on the dates,

12 is that probably --

13 MR. NELSON: Apparently.

14 MS. PECK: -- a fair estimate?

15 Have we been taking dates --

16 MR. NELSON: I don't remember the

17 exact answer to that question.

18 MS. PECK: Yes. Have we been

19 taking measurement, have you been taking

20 measurements from those dates on?

21 MR. NELSON: Yes, yes.

22 MS. PECK: Have we created a


1 complete sound --

2 MR. NELSON: No.

3 MS. PECK: -- a date chart?

4 MR. NELSON: No. We have not made

5 a complete chart of all measurements taken.

6 We've repeatedly gone out and taken

7 measurements.

8 MS. PECK: And if there was a

9 hunger for one of those charts, would you be

10 happy to make one?

11 MR. NELSON: I would.

12 MS. PECK: So it's up to you

13 whether you --

14 MR. NELSON: Especially if Mr.

15 Fonseca would like one.

16 MS. PECK: And I'd also like to ask

17 you about the cost of the windows that you've

18 installed in your bedroom and what the cost

19 would be to have them installed on the entire

20 front of your unit?

21 MR. NELSON: This is, the meter had

22 nothing to do with this. We were getting so


1 much noise, Ms. Nichols is very sensitive to

2 this kind of noise.

3 We're getting so much noise and we

4 wanted to stay where we were because we like

5 the property value going up, that we invested

6 in a set of extra windows.

7 Our bedroom, on the front of the

8 building, all the bedrooms have a balcony

9 where you can get to the windows to do

10 something with them.

11 So we invested in an extra set, a

12 storm door of laminated glass and an extra set

13 of storm windows with laminated glass to

14 further raise the noise insulation, which it

15 did by about, I don't remember, five dB maybe.

16 But when it comes to sleeping, the

17 30 dB, the World Health Organization says 30

18 dB is the standard. For restful sleep you

19 should be at 30 dB or less, and this cut our

20 noise down to that level or close to it.

21 MS. PECK: And what was the cost to

22 you for installing those windows?


1 MR. NELSON: The cost for that

2 bedroom window was $4,500.

3 MS. PECK: And what, then you got a

4 cost estimate to put windows on the other two

5 rooms that turn towards the street?

6 MR. NELSON: There were, yes, the

7 estimate to replace the double paned windows

8 out in the other two rooms was $4,400.

9 Unfortunately they never finished.

10 They got most of them, but they ran

11 into a problem they couldn't solve, so my

12 contractor dismounted. Though I got most of

13 it done, for only the cost of the paint.

14 He disappeared and his bill

15 disappeared too. Oh, we made one other

16 pricing. We considered replacing all the

17 windows with super duper triple pane glass

18 from a company in Minnesota. The price for

19 that was $50,000.


21 MEMBER ALBERTI: Okay. Recross Mr.

22 Fonseca? Do you have a question?


1 MR. FONSECA: Yes. Time is

2 limited. I don't know how many witnesses she

3 has.


5 MS. PECK: Just one more.

6 MEMBER ALBERTI: All right.

7 MR. FONSECA: I'm fine.

8 MEMBER ALBERTI: Okay. Great. So

9 I think we have a follow up question from the

10 board. Mr. Rodriguez?

11 MEMBER RODRIGUEZ: Yes. Mr.

12 Nelson, you're certainly a lot smarter than I

13 am, putting all this together, but I have a

14 question here.

15 And that is I see that the Ozio is

16 the lowest in terms of the difference between

17 baseline two and music, which was pointed out

18 by counsel and all that. My question is,

19 these other high levels here, is anybody going

20 after them?

21 MR. NELSON: Going after? Sorry

22 what?


1 MEMBER RODRIGUEZ: No, is there any

2 protest on these other establishments that

3 have these high levels of decibels?

4 MR. NELSON: Well I'll put it, oh.

5 Eventually, yes, we're basically protesting

6 them all, because this is an opportunity to do

7 it, to get a check and wait a minute and let's

8 review the bidding on what's going on here.

9 MEMBER RODRIGUEZ: Okay.

10 MR. NELSON: And we have talked to

11 all of them. RoseBar, Midtown, Public, Dirty

12 Martini. We've talked to them all. We're in

13 negotiations to try to get some sort of a

14 settlement so we don't have to torture you

15 with these things again.

16 MEMBER RODRIGUEZ: Well thanks for

17 your service sir.

18 MEMBER ALBERTI: Okay. I think

19 that that's going to wrap that up. Thank you

20 Mr. Nelson for coming, and thank you for your

21 testimony. And it's always a pleasure to see

22 you sir. It's not that it's much torturous.


1 Okay Ms. Peck.


3 MEMBER ALBERTI: First of all, Mr.

4 Jones, how much time does Ms. Peck have?

5 MEMBER JONES: Two minutes.

6 MALE PARTICIPANT: I'm sorry sir.

7 MEMBER ALBERTI: And the Licensee

8 has?

9 MEMBER JONES: Three minutes.

10 MEMBER ALBERTI: All right, so --

11 MS. PECK: I have two minutes left?

12 MEMBER JONES: Yes, ma'am.


14 MS. PECK: Really?

15 MEMBER ALBERTI: The time flies

16 doesn't it?

17 MS. PECK: Yes it does.

18 MEMBER ALBERTI: When you're having

19 fun.

20 MEMBER JONES: When you're having

21 fun.

22 MS. PECK: Yes. All right, well I


1 will call for the shortest description,

2 discussion with Abigail Nichols that you ever

3 imagined.

4 MEMBER ALBERTI: Okay. Ms.

5 Nichols, would you raise your right hand? Do

6 you solemnly affirm that the testimony you are



9 MS. NICHOLS: I do.

10 MEMBER ALBERTI: Thank you. Please

11 be seated.

12 MS. PECK: Abigail, could you

13 please state your name and spell it, if you

14 could.

15 MS. NICHOLS: I am Abigail Nichols,

16 A-B-I-G-A-I-L, N-I-C-H-O-L-S. I live at the

17 Palladium at 1325 18th Street Northwest.

18 MS. PECK: Abigail, please tell us

19 why you think you can hear Ozio from your

20 bedroom.

21 MS. NICHOLS: We hear a lot of

22 noise. We've submitted letters that show our


1 windows shake at times, but generally you

2 cannot figure out where it's coming from.

3 But one Sunday, and this is not

4 about Ozio, but why I believe I could hear

5 Ozio. On a Sunday night I was still dressed

6 when the boom boom started and I forced Carl

7 to go out on the street and see if we could

8 figure out where it came from.

9 Sunday night all the bars are not

10 operating, and we were able to trace the music

11 very decidedly to the 18th Street Bar, which

12 is feet from Ozio.

13 So if we showed that both are

14 equally loud, I infer from that that this

15 massive noise that affects our building

16 includes noise from Ozio.


18 questions.

19 MEMBER ALBERTI: Okay, thank you.

20 Mr. Fonseca?

21 MR. FONSECA: All right, you drew

22 an inference from Mr. Nelson confirming the


1 18th Street Lounge was open and there was

2 music --

3 MS. NICHOLS: No I was with him.

4 No I did it. We went together. There was no

5 noise on the street except this boom boom that

6 we followed to its source, which in general --

7 MR. FONSECA: The source was both?

8 MS. NICHOLS: Pardon?

9 MR. FONSECA: Your testimony was

10 the source was both 18th Street and --

11 MS. NICHOLS: No, it was only 18th

12 Street Lounge.

13 MR. FONSECA: Oh it was 18th Street

14 Lounge.

15 MS. NICHOLS: Only 18th Street

16 Lounge. Otherwise once I left the house it

17 would be a kind of blur.

18 MR. FONSECA: Oh, okay, because it

19 wasn't clear, because her original her

20 question on this was, why do you think you

21 hear Ozio's and then you went into this

22 elaborate --


1 MS. NICHOLS: I inferred.

2 MR. FONSECA: -- making it sound,

3 so you inferred before you confirmed that Ozio

4 --

5 MS. NICHOLS: I have no way to

6 confirm, because there's such a blast of noise

7 from south of the street.

8 MR. FONSECA: But on that one time

9 when you had, shall we call it, a unique

10 opportunity --

11 MS. NICHOLS: Yes.

12 MR. FONSECA: -- to find only one

13 establishment, the 18th Street Lounge, and

14 confirmed Ozio was not producing sound --

15 MS. NICHOLS: Right.

16 MR. FONSECA: -- on that Sunday.



19 MEMBER ALBERTI: Wait, will you

20 repeat what you said?

21 MR. FONSECA: All right. So on

22 this evening, this Sunday, where she heard


1 enough boom boom that she and her husband, or

2 she and Mr. Nelson went down, walked down,

3 confirmed the source was 18th Street Lounge,

4 it was not in addition to 18th Street Lounge,

5 Ozio?

6 MS. NICHOLS: No.

7 MR. FONSECA: All right. So this

8 infer has nothing to do with Ozio, the

9 inference was before you ever did a

10 confirmation. So your conclusion is, as of

11 that day, it wasn't Ozio.

12 MS. NICHOLS: No. From that

13 experience I infer that on the nights when

14 many clubs are operating, that Ozio is part of

15 what we hear.

16 Also I know Mr. Nelson has done

17 some sound attenuation studies about how far

18 noise moves, and we know it's very

19 complicated.

20 That's why we undertook this

21 project, to try to figure out how we can make

22 our community more livable. It's not, as we


1 said at the beginning, Ozio came up first. We

2 had sound readings that Ozio was over the

3 limit.

4 MR. FONSECA: Is it a reasonable

5 statement to say that the alley behind

6 Connecticut Avenue fronting establishments

7 like Midtown Lounge and Bar.

8 The noise that travels down that

9 canyon hits the Palladium with a distinctness

10 that's clearer than any of the other sounds

11 that are coming towards the Palladium?

12 MS. NICHOLS: I don't have a lot of

13 experience. Ms Peck had a clear experience of

14 that. The night that I called ABRA, they

15 seemed to trace it to the 18th Street side. I

16 mean, that was the only bar they went into

17 after, I can describe that experience --

18 MR. FONSECA: Was that 18th Street

19 Lounge?

20 MS. NICHOLS: No it was Public Bar.

21 MR. FONSECA: It was Public then?

22 And when was this?


1 MS. NICHOLS: May 5th, 2012.

2 MEMBER ALBERTI: Okay. Mr. Fonseca

3 I will remind you --


5 MEMBER ALBERTI: -- you got to wrap

6 it up.

7 MR. FONSECA: Okay. Last question.

8 Ms. Peck, she moved into the building in 2011,

9 correct?

10 MS. NICHOLS: I don't know.

11 MR. FONSECA: You don't know. She

12 hasn't been there as long as I have.

13 MR. FONSECA: Well you are, you're

14 pretty much the head of the association for

15 the building, correct?

16 MS. NICHOLS: No. Jim King is the

17 President of the Condo Association.

18 MR. FONSECA: But you're very

19 active with it though, aren't you?

20 MS. NICHOLS: Right, particularly

21 in alcohol licensing.

22 MR. FONSECA: That's what I, that's


1 how I came to meet you. I know that.


3 MR. FONSECA: When did she first

4 come to you with noise complaints,

5 approximately?

6 MS. NICHOLS: November, right after

7 November 2nd, last fall.

8 MR. FONSECA: 2013.

9 MS. NICHOLS: Yes.

10 MR. FONSECA: So Ozio's been

11 operating since 2011, that roof top. Correct?

12 MS. NICHOLS: Right, on that

13 particular noise violation, we're not --

14 MR. FONSECA: All right. I'm

15 trying to get comparisons here. A sense of

16 what's bothering whom in your building.

17 MEMBER ALBERTI: Okay. Okay. All

18 right.

19 MR. FONSECA: I think I'm done.

20 MEMBER ALBERTI: Thank you. All

21 right. Board questions?

22 MALE PARTICIPANT: No.



2 Silverstein?

3 MEMBER SILVERSTEIN: Thank you for

4 your patience, everyone.

5 MS. NICHOLS: I admire your

6 patience. I often see Mr. Silverstein after

7 these meetings at the AFC. I don't know how

8 he's still standing.

9 MEMBER SILVERSTEIN: Well, I'm not.

10 I'm sitting. A question we often ask, assume

11 or innuendo, that they're going to get the

12 license. What do you need to make it

13 palatable?

14 MS. NICHOLS: Less, a lower level

15 of sound, of amplified music coming out of the

16 establishment.

17 MEMBER SILVERSTEIN: How's that

18 going to happen?

19 MS. NICHOLS: Well I think Mr.

20 Christacos described some procedures that he

21 has in mind, which we haven't really discussed

22 before today.


1 It sounds like he's doing the kind

2 of things that, you know, the delimiters, part

3 of our question in this whole thing is, can we

4 make this enforceable?

5 They had a very good VA as Ms.

6 Kappel testified. And we have to figure out a

7 real clear way forward, because we don't want

8 to like, just like she said, I don't want to

9 be an enforcer.

10 We have agreements with several

11 patios across from the Palladium. They were

12 very clear, and we have no problems.

13 MEMBER SILVERSTEIN: It seems to me

14 here that from your own statistics that these

15 folks are not the worst offenders, and it's

16 not even close.

17 And that doesn't mean that they're

18 good, or great, or anything, in your opinion,

19 but there are others that are worse and

20 certainly there are others that are worse as

21 far as the Palladium is concerned.

22 Correct? I mean in terms of your


1 quality of life. Not the quality of life of

2 people at Jefferson Row.

3 MS. NICHOLS: Right, right. It

4 seemed to us they all fit together in a group

5 because of the effect on Jefferson Place, the

6 combined effect on us, the lack of enforcement

7 over the years, that it's just kind of gotten

8 out of control.

9 I mean, it is out of control in the

10 sense of, you talk about property values.

11 People are moving. Move in, move out, we're

12 just stubborn, we'd rather make it more

13 liveable.

14 MEMBER SILVERSTEIN: Is it that

15 there are just too many summer gardens, too

16 many roof tops?

17 MS. NICHOLS: With uncontrolled

18 noise levels. I mean, you saw the measures

19 from all of the ones that we've been taking.

20 It's just because this hearing came up first,

21 there's been a lot of work.

22 We have protested either through


1 the ANC and a combination of groups of five,

2 to talk to all the owners, we're working with

3 all of them.

4 MEMBER SILVERSTEIN: Well, the only

5 other thing that I want to mention here, and

6 ask you about. I'm looking here at the Google

7 street map of 1813 M Street, which is Ozio.

8 Right next door, literally across

9 this tiny alley, is an office building. And

10 looking at the rest of the map, it goes up,

11 and this eight story, ten story office

12 building would shield Connecticut Avenue from

13 their noise.

14 You said, you know, the noise would

15 not go beyond, through that office building,

16 would it?

17 MS. NICHOLS: No, and that's where

18 I think you all could provide leadership

19 because the noise could ricochet off the

20 office building on M Street, back up towards

21 us. We're not in a position to figure this

22 out. It's a very complicated engineering


1 problem. We're doing the best we can.

2 MEMBER SILVERSTEIN: Okay. We've

3 been here long. Thank you.

4 MEMBER ALBERTI: Thank you Ms.

5 Nichols. I'm just flattered that you're

6 relying on us to figure it out. I'll leave

7 you with that. Thank you.

8 MS. NICHOLS: I'm hoping.

9 MEMBER ALBERTI: Okay. You're out

10 of time, Mr. Fonseca. Ms. Peck, any redirect

11 on the board's questions?

12 MS. PECK: Just with respect to the

13 observation that you could hear music from

14 18th Street at your apartment and on a

15 separate occasion when you called ABRA, they

16 felt that you could hear Public Bar music in

17 your apartment.

18 How far away are the distances,

19 because the question of whether it's possible

20 for sound from that area to reach Palladium,

21 how far is that distance. I just want to --

22 MS. NICHOLS: It's on the map that


1 I turned in. I think it was 700 feet from us

2 to Ozio and less to the closest roof deck, but

3 on that occasion you're talking about, ABRA

4 never really determined that it was Public

5 Bar.

6 That went in to Public Bar but they

7 never linked it specifically to what they were

8 hearing in our apartment. That was what was

9 so frustrating about the process.

10 MEMBER ALBERTI: Okay. Take care,

11 Ms. Nichols.

12 MS. NICHOLS: Good night.

13 MEMBER ALBERTI: Or I should say

14 Commissioner Nichols, thank you. Okay. So I

15 think, I'm getting signals here, but I don't

16 think they matter. Yes, right. We're going

17 to move to closing arguments. Five minutes

18 for each side. Mr. Fonseca, you're first.

19 MR. FONSECA: Yes but, well we

20 thank the board, this obviously is a very long

21 day, hearing, and we appreciate your time and

22 consideration.


1 We believe the combination of our

2 witness, including our sound engineer, that

3 we've established both at the time when we

4 initially entered in to this voluntary

5 agreement as successor, that we established

6 some baselines and some complaint mechanisms

7 that we believe can work, and to some extent,

8 were working.

9 We've had some testimony suggesting

10 that it just wasn't enough. In light of the

11 fact that there had been no hard and fast

12 enforcement of the Noise Control Act with the

13 noise level reading, we've now reached the

14 point where we're in effect, and with again

15 our sound engineer coming back, attempting to

16 correct that.

17 You heard testimony of a new

18 baseline and with a limiter in a place that

19 could take care of this. Attempts to

20 reconfigure and have to figure out what

21 they're going to do, but to the extent they're

22 not having live bands on the roof deck area,


1 is probably going to be one concession that's

2 going to have to make this work.

3 We don't believe anything that's

4 going on because as it was brought out in

5 testimony that there's three different sound

6 systems in the sense that there's -- what's

7 over on the roof top is one dedicated sound

8 system. So we haven't heard, based on

9 anyone's measurements in the front side, that

10 anything coming out is on the inside, because

11 they do run music throughout all the floors.

12 So we believe we've found the

13 solution to make this work. There still

14 continues to be a voluntary agreement that's

15 enforceable, so there are two different

16 mechanisms that can work now.

17 And this new ABRA task force would,

18 I believe, allow both DCRA to sanction with

19 fines, and possible, well you know, subject to

20 argument as to whether or not it's double

21 dipping or, you know, two agencies basically

22 charging the same item.


1 The fact that a violation of the

2 noise control act is a violation of the ABC

3 statute so there's, in other words you could

4 ding them twice, and that is another reason,

5 with advice of counsel, that we're trying to

6 make sure we comply with the dBa readings of

7 the Noise Control Act, because we know that

8 day is coming.

9 And fortunately we're not the first

10 on that. We're first on the protest, but I

11 haven't seen this is the first on the

12 enforcement side, because I think they're

13 going to have that under control.

14 We can't control the fact that

15 there is a, without a doubt, a club central.

16 It's grown, it's obvious, we knew this day was

17 coming. Years ago before the creation of the

18 Jefferson Row, Jefferson Place or Jefferson

19 Row condominiums, there were no complaints,

20 because there were no nearby residents, but

21 there weren't that many outdoor spaces.

22 That's come and gone, and frankly,


1 but for the Jefferson Row condominium you

2 wouldn't have a voluntary agreement on this

3 space because it was constructed at

4 significant amount of money which we've

5 testified to, in the excess of one million

6 dollars to do this build out.

7 So it's an important component,

8 it's an expensive component, it has to pay for

9 itself. So we believe that as to peace, order

10 and quiet, that appropriateness standard is

11 going to weigh towards the applicant for its

12 continued efforts to try to comply with the

13 voluntary agreement, and now with also the

14 Noise Control Act.

15 We believe real property values,

16 frankly I think it's impossible to truly argue

17 that in this area where you've got both a C3C

18 zone where Jefferson Row Condos are, or the

19 Palladium, everyone's property values have

20 been increased.

21 There are assessments, and if there

22 is a sense of personal and subjective quality


1 of life, because there is noise, thereby my

2 property values are going down, I don't think

3 anyone who would go out here and was a

4 licensed real estate appraiser would do that.

5 I think they go by what's been

6 recently sold, and what are similar

7 properties. And I don't believe this is going

8 to, Ozio of and by itself has a negative

9 effect on anything going on at the Palladium.

10 And to the extent that it would

11 have any impact on Jefferson Row, it wasn't

12 essentially proven here, and we think also

13 that the Office of Tax and Revenues

14 Assessments have gone up across the City and

15 across the board.

16 So we believe that the Board

17 should, and we believe the Licensee is

18 entitled to renewal of the license without any

19 further restrictions other than the voluntary

20 agreement, and the commitments that have been

21 made here, and to continue to monitor and keep

22 the sound levels to be compliant.


1 I mean, we'll be the first to know,

2 and the Board will have the ability to enforce

3 if and when there were a Noise Control Act

4 violation.

5 And we think this is how it should

6 be, because as I said in my opening statement,

7 and I'll close with it, it's one thing to have

8 the regulators regulate, and that's how it

9 should be.

10 That's how the government was set

11 up, we've got multiple agencies, you've got

12 MPD, you've got Fire, and you've got ABC,

13 ABRA, and you've got DCRA.

14 All of them combined with capacity,

15 the fire code, for noise, for crime, for

16 liquor licensing and some of the quality of

17 life issues with ABRA, we believe you all

18 should regulate the noise issue and not to

19 have, essentially some deputies that have

20 assigned to themselves the power to go out and

21 take measured readings and find you to be non-

22 compliant, therefore you would lose your


1 liquor license. Thank you.

2 MALE PARTICIPANT: Thank you.

3 MEMBER ALBERTI: Thank you Mr.

4 Fonseca. Ms Peck.

5 MS. PECK: Well what I wrote before

6 has changed significantly because we are very

7 encouraged to hear the kinds of actions that

8 Mr. Christacos has taken since we last spoke,

9 so you know, positive feedback there.

10 Let me say that, to start with,

11 again I'm a volunteer, we're all volunteers.

12 I have now taken off, this is the fourth day

13 from work.

14 I work for the State Department.

15 I've taken off to just prepare for this

16 proceeding. Let's not even count all the

17 evenings at 1 o'clock, 2 o'clock, 3 o'clock in

18 the morning, we've been walking around, or the

19 hearing that we attended for the oversight

20 committee to talk about the lack of

21 enforcement and the meetings with all of these

22 officials.


1 It's astonishing how much time we

2 have spent, and you've heard again and again

3 how businesses in this area are just simply

4 ignoring the law. They're ignoring it.

5 Even Ozio, one of their witnesses

6 testified when our noise isn't on we hear all

7 this noise come in and we can hardly hear

8 ourselves think. It's so loud out there.

9 That is a violation of the law

10 that's been in place since 1974. That law

11 says in a commercial zone, businesses

12 including clubs, it's 60 decibels. Do we have

13 that law or not?

14 What does that mean? It means

15 you're supposed to keep it in. That's what it

16 means. You heard Anne Kappel talk about

17 Camelot being a good neighbor.

18 It's a strip club. A good

19 neighbor. Why, because it keeps the sound in.

20 They know not to be bugging their neighbors,

21 you know. They keep it all locked up, under

22 lock and key, and that's a smart thing to do.


1 And that's what New York City does.

2 And that's what Miami Beach does. A lot of

3 these cities have noise ordinances that are

4 not that different from ours.

5 The difference is they enforce

6 them, and they have strict regulations. They

7 have sound mitigation technology requirements,

8 and they require every business to have the

9 sound engineer come in and certify that they

10 are compliant with the law.

11 So that's the problem here. All of

12 these clubs aren't complying. And so when

13 they say things like well, the other one, the

14 other one is the loud one, that's what they

15 all say. Every one of them says it.

16 And the problem is no one is saying

17 no, you know what? If we can hear any of you

18 it's too loud. That's the problem. When we

19 took the noise readings in November, we were

20 just getting started with no understanding of

21 the impact of broadcasting from a roof deck.

22 We were still on the ground,


1 wandering around, that's where we were. We

2 were on the ground. But since then we've had

3 a chance to see the impact, and measure the

4 impact, working with owners who have roof

5 decks.

6 Not Mr. Christacos, but Mr. Romeo

7 who owns Midtown and Dirty Martini. Sometimes

8 it's right there at the base, you can't hear

9 it at all. It isn't until you're several

10 blocks away that you hear it.

11 We've been shocked. And so that

12 trip that we took on March 8th, 9th, up onto

13 the, for the first time, up onto the Jefferson

14 Row roof and we saw, and we could hear clearly

15 from 160 feet away, music coming from Ozio.

16 That's not right. You know, the

17 sound ordinance says 60 decibels. That's the

18 sound of a conversation. Right outside of

19 Ozio, if someone were speaking, you wouldn't

20 be able to hear it on the Jefferson Row roof

21 deck, and that's what we're aiming for.

22 We're aiming for all of these


1 business owners to be responsible and to zip

2 it up. That's the law. We can change the

3 law, but for now this is the law.

4 We need to enforce this. Now for

5 the first time Mr. Christacos is talking about

6 he's turning down the volume. We don't know

7 what that is.

8 You know, big question marks, big

9 mystery, that's not very reassuring to a

10 resident who's just spent this much time

11 trying to get attention to let everyone know

12 that people, responsible people, that this is

13 a problem.

14 And what it really boils down to

15 is, I agree with Anne Kappel. I think Mr.

16 Christacos is a responsible business owner.

17 He has been operating for a very long time.

18 The difference is, for the first time he's got

19 a roof deck.

20 And others are getting them, and

21 they're proliferating. You heard her testify

22 that a sheer terror to all of us, there is


1 another one coming onto this block, right next

2 to 18th Street and Public Bar, right down the

3 street from Anne Kappel's house, right down

4 the alley from Ozio.

5 And they don't have their license

6 yet. Someone's going to come in here in front

7 of you guys, I don't know how this works, but

8 I assume it's you.

9 And if you grant yes, and you say

10 okay to amplified sound, what you are doing is

11 giving them a license to do something that

12 when operated as intended will violate the

13 law. That's a problem. It's got to stop.

14 So I think, you know, we need to

15 run out and draft a law and say no more

16 amplified sound on roof decks, ideally you

17 don't need that because it's against the law

18 anyway.

19 It violates the law. So we still

20 believe, and we asked Mr. Steve Koniglio who's

21 got that new development on N Street to come

22 in and talk about his view of the impact of


1 sound on his attempt to sell luxury

2 condominiums in the area.

3 I'm sorry that he was unable to be

4 here today, I couldn't put any evidence on

5 that point, although I would have to say that

6 any person who's got a lot of money to spend,

7 the first thing they hear that there's going

8 to be 90 decibels blasting into their window,

9 they're going to think twice before buying.

10 So I think it does have an impact

11 on property values. So I'll just throw that

12 out there.

13 I'll just conclude with, I think we

14 have demonstrated that Mr. Christacos, in good

15 faith or not, has actually been in violation

16 of the noise ordinance ever since he built

17 this roof deck.

18 And it is only now, under all of

19 this pressure, and under the notice sent by

20 ABRA that he's finally taking this seriously

21 and doing the things that he should have been

22 doing long ago.


1 So I would say that, you know, I

2 still stand by our position, that we would

3 like you to not renew his license until that

4 very clear agreement is in place exactly what

5 he's going to do, because you've heard Ms.

6 Kappel say that the existing settlement

7 agreement that has all the right language in

8 it doesn't work. Thank you.

9 MEMBER ALBERTI: Thank you Ms.

10 Peck. Before I close the record I want to

11 make sure I have your exhibits. All right, so

12 we have a whole packet in --

13 MS. PECK: Right.

14 MEMBER ALBERTI: -- and I'm still

15 confused with it. So the first page of that

16 packet is just a PIF. So that's in our

17 records. That's not really an exhibit.

18 MS. PECK: Right.

19 MEMBER ALBERTI: The second thing I

20 have from that packet is the letter from Ms.

21 Kappel.

22 MS. PECK: Right.


1 MEMBER ALBERTI: Right. So I don't

2 know how to label that because you've labeled

3 these things --

4 MS. PECK: We have a missing

5 Exhibit E. We could call it Exhibit E.

6 MEMBER ALBERTI: Exhibit E? All

7 right. We'll call it Exhibit E.

8 MS. PECK: Exhibit E.

9 MR. FONSECA: I called it L, but

10 we'll fix it.

11 MEMBER ALBERTI: Exhibit E.

12 MR. FONSECA: Easily make an L,

13 turn an L into an E.

14 MEMBER ALBERTI: All right, so

15 Exhibit E. All right, so, very good. And

16 then we have this statement from the

17 Protestant which we heard nothing about.

18 MS. PECK: That was, you know the little

19 box that says put your statement in there? I

20 expanded that to make our statement, this is

21 what our case is about.

22 MEMBER ALBERTI: But was this part


1 of your PIF?

2 MS. PECK: Yes. It's part of our

3 PIF.

4 MEMBER ALBERTI: All right, so I'm

5 not going to accept that as exhibit, it's --

6 MS. PECK: No it's not an exhibit,

7 it's part of the PIF. Right.

8 MEMBER ALBERTI: Part of the PIF.

9 Part of the PIF, all right.

10 MS. PECK: And it's expressly

11 stated in the PIF's C Statement.

12 MEMBER ALBERTI: It should be part

13 of our records.

14 MS. PECK: Yes. It's the PIF.

15 MEMBER ALBERTI: All right. Very

16 good.

17 MR. FONSECA: Let's go back for me.

18 First Exhibit is A, which looks to be either a

19 printout of a website or a --

20 MEMBER ALBERTI: Well we haven't

21 gotten there yet.

22 MR. FONSECA: It's just, we're on


1 A. I'm trying to figure this, okay.

2 MEMBER ALBERTI: Oh, why did I say

3 A?

4 MR. FONSECA: No, I don't think,

5 I'm not sure.

6 MEMBER ALBERTI: Yes, we're now at

7 A.


9 MEMBER ALBERTI: You got ahead of

10 me.

11 MR. FONSECA: A was not discussed -

12 -

13 MEMBER ALBERTI: Not discussed.

14 MR. FONSECA: -- so I would move to

15 strike A.


17 you want to talk about it?

18 MS. PECK: This is a publically

19 available ad that shows the activity of

20 people, patrons in place, operate in dancing

21 in the club, did not have a chance to put it

22 in so, but I would like it in, but if you


1 won't --

2 MEMBER ALBERTI: I'm not going to

3 accept A. There's really no basis for it and

4 I'm not sure it harms you much.

5 MS. PECK: No, it doesn't. Okay.

6 MEMBER ALBERTI: Okay, so Exhibit B

7 really is the video. One piece of the video.

8 Exhibit C is this affidavit from Carl Nelson.

9 Is there any objections?

10 MR. FONSECA: This is the one that

11 I argued against, but I don't think you ruled

12 against --

13 MEMBER ALBERTI: I did not rule on

14 it.

15 MR. FONSECA: -- accepting it,

16 because it goes far afield of just taking the

17 measurements he had and giving his opinions on

18 issues as to whether, you know, using the C

19 range and a number of other things.

20 MEMBER ALBERTI: All right. Ms.

21 Peck? You want --

22 MR. FONSECA: If he's able to


1 testify, and I can cross examine that, but I

2 can't cross examine --


4 MR. FONSECA: -- this affidavit.

5 MS. PECK: Yes, so I believe that

6 he testified to all of the relevant portions

7 of this affidavit. So it's there for your

8 convenience if you want, but we don't have to

9 submit it --

10 MEMBER ALBERTI: I'm going to

11 accept it and give it the weight that it's

12 worth, noting that we didn't qualify Mr.

13 Nelson as a sound expert, so the board

14 understands that --


16 MEMBER ALBERTI: --limitation when

17 we read any of the opinions and information

18 discussed in this. So we'll give it the

19 weight that it's worth, but we will accept it.

20 All right. We have Exhibit D,

21 which is another piece of video. Exhibit G

22 which is, I'm not sure. Oh that's actually,


1 that's in the public record, right? The

2 letter from Director Moosally. And what else

3 is part of that? That was pages from the

4 code?

5 MS. PECK: There is also a letter

6 from the Mayor's Office.

7 MEMBER ALBERTI: And a letter from

8 the Mayor's Office?

9 MR. FONSECA: Yes, I believe. So

10 did we just race past F, which I don't know

11 that that needs to be in there, because Ms.

12 Nichols, Exhibit F looked like an affidavit of

13 Ms. Nichols'. I --

14 MEMBER ALBERTI: Okay, so like Page

15 1 and 2, Page 1 is a letter which is in, which

16 I'll leave in because that's part of ABRA

17 records. That's a letter from Mr. Moosally.

18 Page 2 is just an excerpt, and Page 3 are

19 excerpts from Title 25.

20 MR. FONSECA: Or actually --

21 MEMBER ALBERTI: And Title 23.

22 That would be correct?


1 MR. FONSECA: Actually I think --

2 MEMBER ALBERTI: No?

3 MR. FONSECA: -- Title 25 and then

4 Page 3 --

5 MEMBER ALBERTI: Title --

6 MR. FONSECA: -- is actually of

7 Title 20, which is a noise regulation.

8 MEMBER ALBERTI: Title 20, so

9 that's part of public record. I'll leave that

10 in as part of the exhibits. Page 4, Exhibit G

11 is what?

12 MS. PECK: Page 4 of Exhibit G is a

13 letter from Christopher Murphy from the Office

14 of the Mayor, describing his desire to enforce

15 the noise ordinance, and telling us about the

16 commitments that the City was going to make to

17 do that.

18 MEMBER ALBERTI: Objections? Mr.

19 Fonseca?

20 MR. FONSECA: It sounds like a

21 Mayoral staffer saying we got your back, so --

22 MEMBER ALBERTI: All right.


1 MR. FONSECA: -- I understood it.

2 MR. FONSECA: All right, so we're

3 going to accept that.

4 MR. FONSECA: I think I made a

5 political statement --

6 MS. PECK: Right.

7 MEMBER ALBERTI: Yes. Smart move.

8 All right, Exhibit H we've talked about, and

9 we've accepted. That's that chart. The next

10 one, I'm not even sure, it's not labeled.

11 It's Exhibit I, I guess is it?


13 MEMBER ALBERTI: Exhibit I.

14 MS. PECK: We had a series of maps

15 we were going to provide to you for assistance

16 in seeing where things were. Abigail was

17 going to authenticate them and describe them

18 to you, but we obviously did not have time.

19 MEMBER ALBERTI: Okay, so you want

20 to just --

21 MR. FONSECA: It's got to come out.

22 MEMBER ALBERTI: Well not --


1 MS. PECK: No, they're not

2 necessary.

3 MEMBER ALBERTI: -- take those out.

4 Okay, great. So Exhibit I is out. Exhibit K

5 is another video.

6 MS. PECK: J.

7 MR. FONSECA: Where's J at. I

8 don't think we ever dealt with that. But

9 we've now jumped to K when J's in front of it.

10 MS. PECK: Right.

11 MR. FONSECA: I would argue --

12 MEMBER ALBERTI: K's in front of

13 it?

14 MR. FONSECA: -- against J, because

15 --

16 MEMBER ALBERTI: What is J?

17 MS. PECK: J again, we're not --

18 MR. FONSECA: J are six pages of

19 letters --

20 MEMBER ALBERTI: That's not in my

21 packet.

22 MR. FONSECA: Well it shouldn't be.


1 I would object because they're individuals who

2 didn't testify and they, in essence, they're

3 hearsay that I can't cross examine.

4 MS. PECK: And I would say that

5 these are letters from residents in the

6 Palladium that give you a sense of what kind

7 of distress a tenant and residents are

8 experiencing in this neighborhood from the

9 noise.

10 It is true that we are not

11 submitting them as proof that Ozio is causing

12 this distress. It is a non-hearsay, as

13 opposed to the hearsay exception, but it's

14 non-hearsay simply being put in to show the

15 state of mind of the writers.

16 MEMBER ALBERTI: Well --

17 MS. PECK: Their feelings and

18 emotions, which is permissible under the rules

19 of evidence.


21 MS. PECK: I was hoping that we

22 would have a little bit of --


1 MEMBER ALBERTI: They will, I will

2 accept them. They will be treated similar to

3 hearsay, because --

4 MR. FONSECA: But you are accepting

5 them?

6 MEMBER ALBERTI: I am accepting,

7 because Mr. Fonseca has not had a chance to

8 examine them.

9 MR. FONSECA: I mean frankly --

10 MEMBER ALBERTI: We will give them

11 the weight that they are worth because you

12 have not had a chance, and they are just

13 opinions of people you have not had a chance

14 to cross examine.

15 So we'll take them as an exhibit

16 and give them the weight that they're worth,

17 with that huge caveat hanging over them.


19 MEMBER ALBERTI: And what's L?

20 MR. FONSECA: K is in. So L, L I

21 would object to, I mean it appears to be a

22 graph that deals with how propagation of sound


1 varies with frequency when we've really

2 clearly had testimony both from the --

3 MEMBER ALBERTI: Yes, there's --

4 MR. FONSECA: -- sound engineer and

5 Mr. Nelson dealt with dBa and the A range.


7 MR. FONSECA: And that was not

8 dealing with sound frequency.

9 MEMBER ALBERTI: I got you. Ms.

10 Peck?

11 MS. PECK: This is actually also in

12 the affidavit of Carl Nelson, so you can, you

13 don't have to admit it --

14 MEMBER ALBERTI: Great.

15 MS. PECK: -- because you already

16 have it.

17 MEMBER ALBERTI: Very good. I

18 didn't see it in that, so we're going leave

19 that to the side. All right so --

20 MR. FONSECA: All right, and F --

21 MEMBER ALBERTI: -- the letters

22 that are --


1 MR. FONSECA: -- I'm gathering F,

2 we just kind of blew by it. This is Ms.

3 Nichols' affidavit. I'm gathering that if you

4 took Mr. Nelson's affidavit you're taking Ms.

5 Nichols', or is this not in your packet?

6 MEMBER ALBERTI: Ms. Nichols'

7 affidavit? I didn't see that.

8 MS. PECK: Unfortunately, because I

9 had exactly two minutes to talk to her I did

10 not ask her to have her affidavit. She

11 simply, in both cases, they wrote in affidavit

12 form what they were prepared to testify to.

13 MEMBER ALBERTI: I didn't see that

14 in the packet.

15 MR. FONSECA: It's labeled Exhibit

16 --

17 MS. PECK: F.

18 MR. FONSECA: -- F. That's why I

19 kept asking as you were jumping from --

20 MS. PECK: You may have a --

21 MR. FONSECA: -- to G what happened

22 to F?


1 MS. PECK: -- packet --

2 MEMBER ALBERTI: Okay, so I'm all -

3 -

4 MR. FONSECA: Does anyone have an

5 F, any of the Board members?

6 MEMBER ALBERTI: There's B. We got

7 rid of, there's B, this is back, back from the

8 beginning. I've got C.

9 MR. FONSECA: Carl Nelson is C.

10 MEMBER ALBERTI: Carl Nelson's C.

11 More organized than I am Mr. Fonseca, I got to

12 tell you. All right, so those are the

13 letters?

14 FEMALE PARTICIPANT: We don't have

15 the letters anymore.

16 MEMBER ALBERTI: I don't have F in

17 here.

18 MR. FONSECA: Well then I didn't --

19 MEMBER ALBERTI: I can't rule on

20 it.

21 MR. FONSECA: You can pull F out

22 then.


1 MS. PECK: Perfect. Perfect

2 solution. These are J, the letters.


4 MS. PECK: And this is F, the

5 affidavit.

6 MEMBER ALBERTI: Okay, so this is?

7 MS. PECK: The affidavit of Abigail

8 Nichols.

9 MEMBER ALBERTI: And did you have

10 this at the time?

11 MR. FONSECA: I have and I think

12 she testified, I don't know why we need

13 affidavits.

14 MS. PECK: Well actually, since she

15 only had two minutes to testify you can

16 actually see what she would have testified

17 about if she had had time.

18 MEMBER ALBERTI: And again, I mean,

19 I will have to, I will accept this with the

20 caveat that Mr. Fonseca had run out of time.

21 It's his own fault, but there wasn't an

22 ability to cross examine this. So we will


1 accept that.

2 MR. FONSECA: What, you know, may

3 I? Let's, I mean, I hate to over lawyer this,

4 but I don't think I have any choice. He had

5 no foundation for entering either Mr. Nelson's

6 affidavit, or Ms. Nichols'.

7 Mr. Nelson clearly had plenty of

8 opportunity to testify, Ms. Nichols less. The

9 problem with an affidavit by definition, it's

10 a sworn statement. These are neither signed

11 nor notarized, so I --

12 MEMBER ALBERTI: I'm not treating

13 them as affidavits in the way you think of

14 them Mr. Fonseca. I taking them in simply as

15 letters from citizens.

16 MR. FONSECA: I just needed to put

17 that on the record.


19 MR. FONSECA: That they should not

20 be treated as affidavits.

21 MEMBER ALBERTI: They are not sworn

22 -- I'm treating these simply as statements


1 that were submitted by --

2 MR. FONSECA: Citizens.

3 MEMBER ALBERTI: -- as a letter

4 would be from an individual in the community.

5 MS. PECK: And that's a great

6 compromise.

7 (Crosstalk)

8 MEMBER ALBERTI: And so there

9 wasn't an opportunity to cross examine this

10 and we will give it the weight that it

11 deserves.


13 MR. FONSECA: Thank you

14 MEMBER ALBERTI: All right so with

15 G I think we have. H we have. All right, so

16 I think we're good. I'm going to dump this

17 all on our general counsel and she's going to

18 hate me for it. Okay, so --

19 MR. FONSECA: I'm hoping you're

20 buying her a big dinner tonight.

21 MEMBER ALBERTI: Yes. The rules

22 don't allow that. All right, so I'm closing


1 the record. Do either of the parties want to,

2 are the parties willing to waive findings of

3 fact and conclusions of law?

4 MR. FONSECA: Yes, and I suggest

5 you say yes.

6 MS. PECK: Yes.

7 MEMBER ALBERTI: All right, thank

8 you. So I want -- you know, before I do the

9 closing statement, I want to thank everybody

10 for sticking with us and your cooperation, and

11 everybody did a great job, so thank you. You

12 have left us with a very tough decision, but

13 thank you all for coming.

14 Okay, as a board member of the

15 Alcohol Beverage Control Board for the

16 District of Columbia, and according to Section

17 405 of the Open Meetings Amendment Act of

18 2010, I move that the ABC Board hold a closed

19 meeting for the purpose of deliberating on

20 Case Number 13-PRO-00151.

21 This is for 19th and K,

22 Incorporated, trading as Ozio Martini and


1 Cigar Lounge for the reasons cited in Section

2 405b(13) of the Open Meetings Amendment Act of

3 2010. Is there a second?

4 MEMBER BROOKS: Seconded.

5 MEMBER ALBERTI: Okay. I will now

6 take a roll call. Mr. Brooks?

7 MEMBER BROOKS: I agree.

8 MEMBER ALBERTI: Mr. Rodriquez?

9 MEMBER RODRIGUEZ: I agree.


11 MEMBER JONES: I agree.

12 MEMBER ALBERTI: Mr. Short?

13 MEMBER SHORT: I agree.

14 MEMBER ALBERTI: Mr. Silverstein?

15 MEMBER SILVERSTEIN: I agree.

16 MEMBER ALBERTI: And I agree. As

17 it appears that the motion has passed, I

18 hereby give notice that the ABC Board will

19 hold a closed meeting in the ABC Conference

20 Room today pursuant to the Open Meetings

21 Amendment Act of 2010, and issue an order

22 within 90 days. Thank you all for coming.



2 MS. PECK: Are they going to be

3 handing this over to the legal assistant?

4 MEMBER ALBERTI: I will make sure

5 that we get to this as part of the record.

6 Okay, thank you.

7 (Whereupon, the hearing in the

8 above-entitled matter was concluded at 8:31

9 p.m.)

10

11

12

13

14

15

16

17

18

19

20

21

22



A$1 241:16$2,400 265:7$300 294:9$4,400 433:8$4,500 433:2$50,000 433:19A-B-D-O-U-L-A-...

175:20A-B-I-G-A-I-L

437:16A-N-N-E 298:19A-R-L 355:3A-weighted 124:1,6

149:1 150:4,13155:7,13

A-weighting148:20 149:2156:12

a.m 11:19 65:16,1670:15 145:8,13,14145:16,19 147:11183:14,14 194:12195:1,2,2 215:11226:3 384:3 416:8428:21

ABC 16:22 19:6189:4 234:15292:21 453:2456:12 482:18483:18,19

Abdoulaye 175:14175:19,19,21,22175:22 176:4,7,11176:13,17,20,22177:3,14,18,20178:3,6,12,15,17178:21 179:6180:2,5,8,14,19181:15,17,19182:6,9,18,20183:2,13,22 184:3184:7,16 185:1,4185:7,9 186:5,8186:20 187:2188:1,7,11,14

189:4,15,21 190:2190:10,17,21191:8 194:2,7,11194:19,22 195:10195:15,19,21196:5,10,13,15,22197:4,10,14,19198:3,6,12,19199:2,11,15 200:5200:7,10,12,18,22201:3,6,11,14,16202:1,16,18 203:4203:6,10,13,15,20204:6,10,15,21205:4,8,12,15,22206:6,10,13,17,22207:4,9,12,17,19208:5,9,12,17,19209:2,6,9,12,18210:1,5,14 211:5211:8,13 212:5,17212:21 213:3,7,13213:15,19 214:4,8214:14,20 215:1,6215:9,12,16,19216:4,6,9,16,18216:20 217:1,5,10217:13,16,20218:2,5,8,11,13219:4,7,10,13,22220:3,5,11 221:7221:15,21 222:4222:11 223:9,14224:14,15,17,21225:5

abiding 278:9Abigail 13:14 437:2

437:12,15,18472:16 479:7

ability 97:18 178:5197:3 261:9,11265:15 291:17380:3 456:2479:22

able 57:2 61:1272:18 73:7,21,22

80:10 90:21130:17 131:7132:12 133:18136:12,14 150:11232:3,7 233:16237:14 260:4265:9 291:11304:22 312:15357:10 414:16423:4 438:10460:20 468:22

above-entitled225:17 484:8

ABRA 1:20 9:4,1812:15 13:19 15:1015:13 16:5,1617:14,16 21:11,2030:20,22 42:2244:12 45:8 47:461:6 62:19 69:11276:12,15 311:9311:22 320:14356:3 442:14449:15 450:3452:17 456:13,17463:20 470:16

ABRA's 5:4 320:9321:11

absence 363:8absent 380:3absolute 318:11absolutely 318:20

340:12 409:19abundance 3:10abundant 7:1abutting 81:20accept 301:20

339:1 396:19398:9,11 466:5468:3 469:11,19472:3 475:2479:19 480:1

acceptable 57:5,957:15,17 77:8,1677:17 80:16 160:5160:16 201:20

acceptance 58:1accepted 297:9

371:9 472:9accepting 468:15

475:4,6access 207:7,16accessed 231:11accommodate

249:7accommodating

317:13account 137:5

146:11 154:20accuracy 370:8accurate 76:13

93:4 94:22 115:12165:17,21 181:11188:12 190:3228:20 268:20370:5

accurately 119:22164:18 165:5

accused 245:21246:7

achieve 233:16316:2

acknowledging68:15

acknowledgment8:12

acoustical 85:15,18acoustically 167:13act 8:8,20 9:2 68:16

70:4 72:3 74:2094:5 107:6 170:11283:4 292:11293:8 320:8451:12 453:2,7454:14 456:3482:17 483:2,21

acted 255:20action 69:15,20action's 311:1actions 88:19 457:7active 279:14 350:1

443:19

activities 33:14143:8 200:1

activity 19:7 126:6127:7,11 304:10396:15 467:19

actual 41:22 43:7276:4 423:16

ad 467:19adamant 318:11add 14:10 93:9,14

154:11,12added 313:5adding 93:5 294:1addition 79:10

229:1 241:17441:4

additional 218:18234:4 247:22350:5,13

address 4:2 10:1841:22 47:5 77:21181:5 316:9 317:7333:10 342:16

addresses 46:20adjacent 120:20

333:7adjust 78:5 107:12

112:5 223:10262:7 263:22265:10,13

adjusted 103:8149:7 170:17231:20 232:1249:6,9

adjusting 81:4,12adjustments 180:7

258:15,17,18,19262:3 264:6

adjusts 263:6administrative

4:11 226:8admire 445:5admission 11:4admit 69:7 179:13

227:6 374:19392:20 407:14,14


476:13admits 187:16admitted 3:1 10:11

69:5 270:8 421:7421:9,9

admitting 407:11advertising 319:2advice 256:1,3

310:4 453:5advise 31:5,7advised 16:8 31:12

302:17 320:16Advisory 61:5AFC 445:7affect 164:11 202:3affidavit 361:11,21

362:13 468:8469:4,7 470:12476:12 477:3,4,7477:10,11 479:5,7480:6,9

affidavits 479:13480:13,20

affirm 15:2,6 60:1660:19 85:5 175:11227:11 295:19354:14 437:6

affirmative 88:19afield 468:16aforementioned

298:22afraid 361:2afternoon 2:4 22:8

22:11 101:12195:1 225:22

agencies 452:21456:11

agency 9:3,4 83:5320:11

agenda 204:4ago 179:17 237:8

328:14 356:21377:19 453:17463:22

agree 6:8 66:7,10113:14 300:7

368:12 461:15483:7,9,11,13,15483:16

agreeable 193:14agreed 69:1 78:1,4

78:8 79:11,15254:13 305:15

agreeing 272:12agreement 3:13 7:7

8:13 12:4,6 56:2257:5,8,9,19,21,2162:15 63:13 64:1564:20 65:22 66:766:19,20,22 67:1467:18,20 68:9,1169:10,12 71:7,971:16,20 72:1,1073:4 74:10 78:678:13 79:2,1782:1,14 178:11179:1,3 186:19187:1 192:19210:21 228:16,17230:12,15,19239:3 243:4,18244:10 245:1,9,15250:22 254:12272:13 273:5,7,10288:11 299:5301:22 304:12306:5 307:11310:3 311:4315:20,22 316:16316:17,18 317:19317:20 324:17338:13 451:5452:14 454:2,13455:20 464:4,7

agreements 79:3,681:1 178:1 191:1228:4 244:12316:22 317:3318:1,2 446:10

ahead 43:19 44:749:9 140:10 208:9241:2 252:12

333:5,5 354:3395:22 403:1467:9

aim 191:18,20aiming 460:21,22air 90:1 233:10,11

315:9albeit 6:16 8:19

13:16Alberti 1:16 3:19

4:4,9 5:11,13,206:4,10 9:15 10:1510:20 11:1,614:17 15:7,1422:2,5 23:1026:22 27:6,10,1627:21 28:6,9,1128:21 29:4,8,1129:15,17,21 30:530:9,12,19 31:6,931:14,17,21 32:232:20 40:7 41:542:7 43:3,18 44:549:6,8 53:3,8,1753:22 54:4,1955:3,15,18,2159:5,19 60:2,6,960:14,20 61:16,2262:5,8 67:6,10,1567:19 68:2,1069:6 70:2 75:1,4,878:21 79:6,1880:3,6,18 81:3,681:13 82:3,9,1582:20 83:18 84:1884:21 85:3,9107:20 113:20114:2,6 117:10,18118:4,7 120:3,9121:1,6,14,18,21122:1,13,19 123:2123:11,15 124:2,4124:8 125:2,11,14125:18 147:20163:11 169:14172:8 174:5,13,22

175:6,9,15 186:1186:12 187:19191:13,22 192:7192:22 193:4,8,17193:20 195:4213:18 215:20218:15,17,22219:15,19 224:14224:19 225:1,4,9225:12,19 226:9226:21 227:4,9,15239:6 240:13,15240:18,22 241:3241:10 242:13,17242:20 243:12244:5,18,22 245:8245:12 246:4,8,13252:7,12,15253:19 268:16,18269:1,3,10 276:19277:8,14 278:3,6278:12,18 279:1,6279:8,12,19 280:1280:7,16,18 281:3281:5,9,14,18282:2,6,10,18,22283:11 286:7287:15 289:10,11290:8 292:6293:12,15 294:22295:3,7,11,15,18296:2,6,20 297:4297:10,12,15,22298:7,14 299:6300:2,7,16,20301:4,10,14,19319:21 327:3330:14 331:12342:21 345:8,22346:9,12 348:3,19349:7,12,21 350:5350:9,12 352:6,10353:10,14 354:2,7354:12,19 359:8359:12,20 360:2,8361:14,18 362:2

363:10,13,16,18364:18,22 365:3,9365:12,16,22366:7,12,14,18368:11,17 371:6371:11,15,22372:6,10,14,17373:3,7,20 374:1374:11 375:2,6,12375:19 376:2377:9,11 380:8,13380:16,19 381:5,9381:18,22 382:4,7383:13,16,18386:22 387:4,7,10387:13 390:18,21391:20 392:2,6394:4,7 395:4,9396:21 397:2,15397:21 398:3,8399:11 400:4,7,19401:3,9,14,19402:11,13,16,19402:22 403:3,7,9403:15,17,19404:12,16,22405:9,18,22 406:4406:7,10,14,16,21407:3,9,13 408:3408:10,14,21409:3,6,8,11,14409:17,20,22410:4,14,19 411:6411:9,13,16,20412:5,11,14,20,22413:5,9,11 417:8417:22 418:3,10418:16,22 419:4,8419:12,14,19,21421:3,8,12 424:1424:6,14,21 425:2425:11 429:9430:1,4 433:21434:4,6,8 435:18436:3,7,10,13,15436:18 437:4,10


438:19 440:19443:2,5 444:17,20445:1 449:4,9450:10,13 457:3464:9,14,19 465:1465:6,11,14,22466:4,8,12,15,20467:2,6,9,13,16468:2,6,13,20469:3,10,16 470:7470:14,21 471:2,5471:8,18,22 472:7472:13,19,22473:3,12,16,20474:16,20 475:1,6475:10,19 476:3,6476:9,14,17,21477:6,13 478:2,6478:10,16,19479:3,6,9,18480:12,18,21481:3,8,14,21482:7 483:5,8,10483:12,14,16484:4

Alberti's 3:15alcohol 443:21

482:15Alcoholic 1:2,12,12alcove 13:11

108:17 109:11367:3 383:21384:3,14,19 385:4385:15,20 386:9399:16 405:21410:18,19

alert 243:14alerting 243:13allegations 7:22

83:13alleged 416:22

417:3alleviated 337:5alley 12:18 13:3,10

18:6,6,9,17,2119:17 21:1,2

23:16 24:11,1729:20 33:11,15,2134:9,20 35:5,7,1035:14,20 36:11,1345:19 46:1,4,7,846:12,17 47:948:6,12 50:11,2196:6 101:22106:21 110:22113:9 120:21121:3,3,4,7,8166:12 177:9183:5,8 185:16188:17,22 189:2,5189:5,8 203:22204:1,22 205:5,16214:4,13 216:11221:6 222:20223:8 233:3248:20 255:10313:10,12 332:18332:19 333:7,8335:8 336:4 341:6347:11 378:18383:8 385:7 386:4400:15 404:1414:9,21 415:2424:10,14,16,18424:22 442:5448:9 462:4

alleys 358:2 425:3alleyway 233:21

328:7,9allow 198:22 241:8

245:15 364:12452:18 481:22

allowed 207:5254:16 338:13

allowing 204:8,13allows 94:22 97:16

98:17,19alter 277:2amazing 173:21ambience 101:6ambient 13:13

91:17 92:2,2

104:14 109:12111:1 115:12116:20 117:8,21118:11,21 123:3129:3 130:5132:14 133:15143:6,12,16,22144:4,5,8,18,19145:4,18 146:3,9146:18,21 147:2152:5,10,13153:17 154:1156:11 163:19171:6 214:11215:8 222:19223:1 233:13,15234:8 248:19249:20 328:2,3362:18,20 377:16379:14 380:11389:5,10 391:7392:13,16 425:14426:8 427:10,12428:16,22

amenable 291:15amendment 65:22

66:14 67:13,2168:7 482:17 483:2483:21

amount 12:1013:12 71:4 164:9196:9 197:6 238:8454:4

amplification199:22 261:19

amplified 9:1914:14 189:18445:15 462:10,16

amplifier 196:16197:11,13 198:10200:16,22 201:22202:19 211:14265:16,19 266:2,9266:9 267:6

amplifier's 268:5,5268:10

amplify 261:21353:2

amplitude 197:9198:10 263:6

analysis 155:9253:4,16 270:13356:7

analyze 155:17ANC 1:8 2:7 62:19

62:22 64:21,2266:7 69:10,2074:18 81:21302:17 303:6317:7 338:11448:1

and/or 128:16256:22 289:16

Ann 11:19 63:20177:13 192:10220:13

Anna 177:10179:19 187:7223:16

Anne 295:14296:12 298:19320:1 385:8393:19 398:14399:7 458:16461:15 462:3

annotation 157:22announce 225:21annoying 361:2answer 122:2 241:6

278:13 282:19,19290:18 318:8319:6 398:7418:11 421:21425:7 430:17

answered 157:13207:20 392:10

answers 227:2anticipate 78:13anticipated 76:8

77:13,20,21anybody 191:1,4

207:6 283:3

341:18 434:19anymore 286:17

478:15anyone's 374:2

452:9anytime 196:16anyway 322:11

334:10 404:15426:6 462:18

anyways 251:11apartment 120:10

127:16 167:20177:11 179:10184:8 274:7 307:3323:11 328:6343:2 398:16421:17 449:14,17450:8

apartments 12:1227:18 118:15255:3 306:19

apologize 84:10157:14 160:4

app 83:11 181:11188:15 198:20,22206:7,9,12

Apparently 430:13appear 39:13,22

42:4 148:2 160:11417:4

appearance 48:14appeared 27:15

48:21 390:10appears 45:3 399:9

415:7 475:21483:17

apples 117:4257:21 258:8,18258:18,19 427:3,4427:4

applicant 4:13 9:1063:8 68:14 72:2278:6 81:17 413:18454:11

Applicant's 63:1568:5 85:21


application 1:969:17 83:10180:20 181:14299:19 316:21

applied 6:5 303:3applies 344:1apply 129:8 137:21

138:7 302:19314:20

applying 137:19appointed 62:18,21appraiser 455:4appreciate 243:13

246:18 405:4417:1 450:21

approach 83:6approached 235:19appropriate 73:19

75:12 77:6 96:9153:15 159:15198:17 200:3396:15

appropriateness396:6 422:13454:10

approval 62:16approve 8:4approved 16:22

57:13approximate 19:4approximately

16:22 22:15,19,2233:7 37:4 38:439:14 44:2 65:4170:12 444:5

area 6:21 16:2119:4 20:14 21:748:1 79:10 90:6100:17 103:12105:20 107:16187:22 189:20195:16 196:1239:2 240:3303:19 316:20333:20 336:16353:4 358:17

369:18 394:13403:21 449:20451:22 454:17458:3 463:2

areas 152:14195:14,17,19,20196:2,4 404:1

arguable 94:5arguably 417:6argue 12:18 174:14

311:6 454:16473:11

argued 468:11argument 452:20arguments 450:17Arnold's 332:11arrived 80:20arriving 248:7arrow 19:3Arthur 296:15asked 56:13,16,19

59:22 186:13228:13 239:21240:5 242:21293:16 294:2338:11 342:15385:1 421:6462:20

asking 51:13 56:1127:6 156:17166:7 189:17227:1 239:18261:12 276:2290:14 313:1368:9 426:18477:19

asks 209:14asleep 342:2aspect 133:3

288:22assessment 233:19

253:4 423:12,17assessments 454:21

455:14assigned 456:20assist 8:6

assistance 472:15assistant 484:3assisted 80:12associated 130:13

151:6 161:2 347:3association 16:2

299:2,3 443:14,17assume 134:12

162:21 300:20353:15 365:19445:10 462:8

assumed 58:19assuming 109:8

119:21 143:19146:8 152:7200:15 364:2

assumption 351:1astonishing 458:1attached 316:1

333:11 361:22362:5

attempt 463:1attempting 9:13

117:13,14 451:15Attempts 451:19attended 457:19attention 3:21

74:15 461:11attenuation 441:17attorney 2:21 245:6

255:13,20 273:1310:9

attribute 183:1August 66:11

178:20authenticate 297:7

472:17available 183:20,20

196:21 244:1467:19

Avenue 25:10,2226:2,5 29:1,9 58:658:10,22 235:10324:8,9 339:16348:12 351:16357:5 358:2 442:6

448:12average 86:19

87:11 95:3,797:18 98:9 101:21115:2 123:14134:19,20 135:2,7135:10,12 136:13137:14,22 138:13138:21 140:7141:11 142:2,18173:3 206:4,6

averages 102:18138:5

Averaging 98:22aware 30:13,17

192:12 234:12,18234:22 235:3,6236:4 252:1 256:5256:9 290:21324:4,4 422:12

BB 408:5,9,17 409:2

409:9,16,17 410:4411:14,15 468:6478:6,7

back 3:11 8:3 46:746:11,16 48:2050:3,14 63:5,1786:7 96:6 99:14100:14 101:22104:5,22 105:1,18105:19 106:2107:5 108:5 113:8117:21 120:21123:12 138:19139:16 147:12156:3 157:16158:21 162:17,20166:13 169:16178:8 181:4 183:5185:3,13,16,20188:16,21 195:6196:16 197:11,18197:20 198:18199:17 205:7,8,8

207:4,22 208:13209:14,16 210:7210:19 211:4212:3,4,9,13,14221:9 223:22224:1,3 225:18,19229:15 232:13233:7 237:15244:9 246:2247:21,21 250:1,8252:19 260:20264:2 265:11,12265:12 278:14280:22 281:10,10281:15,19 282:9282:11 286:19288:13 294:16309:4 311:20313:6 319:19321:13 322:5326:8,8 327:18332:7 336:5,7338:10,14 342:5342:17 344:11,17345:1 351:6 353:1357:20 358:22360:2 361:4377:13 379:11380:11 381:1,4385:9,10 401:2403:20 406:3,7,11427:5 448:20451:15 466:17471:21 478:7,7

backed 246:14background 89:10

89:11,19 90:4,891:17 92:2,7,1492:18,22 93:1794:2,8 104:21105:2,4 117:7126:15 129:15130:5,18,20 131:1131:4,22 132:3,14132:21 133:15,15133:17,22 134:3


136:11 138:16144:9,11,15,19145:4 146:3,9,12146:13,16 147:9147:12 151:14,22152:6 153:16154:21 157:6,7164:3,19 165:6,11165:13,19,20344:2 392:13

backwards 236:22backyard 328:17

328:18bad 195:13 236:19

294:18,18,19347:7

balcony 432:8ball 58:14band 13:2 124:16

124:17 141:14148:22 149:3,10149:13,18 152:20173:18 179:19182:4,4 184:22185:18 211:18,21213:4 219:3,11,12219:13,21 220:1,7237:9,10,10,11

bands 124:11,12135:13 152:1,2220:10 286:10287:9,12 451:22

banner 326:22bar 235:10 302:19

308:20 312:17324:16 330:3332:11 333:18334:7 339:8 358:8367:9,17 379:21417:9 438:11442:7,16,20449:16 450:5,6462:2

barbeque 341:17barrier 313:16barriers 313:15

bars 7:1 240:3304:8 332:15,16342:15 438:9

bartenders 207:22base 13:11 96:12

367:5,14 385:21460:8

based 75:12 76:977:19 80:22 83:2186:16 111:7 119:5126:13 128:17,21128:22 138:5139:19 144:3,18159:3 160:10169:7 171:4 218:1244:11 253:3258:3,15 261:21263:11,12 272:2373:18 397:12398:1 420:22422:8,14 427:10430:4,11 452:8

baseline 88:3,591:4,7,9 101:5,15143:22 414:8415:1,6,22 416:9417:5,5 418:12,19419:6,22 420:3,8420:9 434:17451:18

baselines 451:6basement 17:3

38:13 333:12basically 15:18

95:7 98:9 100:11101:12 104:11107:8 123:22124:18 126:7148:1 172:3198:10 244:2248:18 313:3327:12 356:16357:12 370:10379:15 394:20406:17 408:18435:5 452:21

basing 203:2basis 101:21 118:5

172:14 368:14427:6 468:3

bass 51:1 125:1,3148:1 154:12,16163:22 211:21279:4 345:9,10,13345:21 346:4,8

beach 184:18 459:2bear 3:4bearing 154:8Beaumont 216:3,8bed 342:2bedroom 309:4

344:11,20 431:18432:7 433:2437:20

bedroom's 344:7bedrooms 432:8beer 333:14 335:17beg 169:18began 36:3beginning 17:15,15

18:6 28:13 187:3228:11 272:9284:16,18 442:1478:8

begins 420:4behalf 2:11 307:22

342:16belief 231:22

421:18,22believe 7:11 8:1 9:6

12:15 20:1 43:143:10 65:5 66:566:21 70:11,2272:21 73:17 76:476:12 77:22 80:994:21 122:10229:6,22 230:6232:19 234:15276:13 280:17286:2 296:14297:18 304:4315:8 320:15

323:2 333:9,9340:9 368:22398:3,16 399:19400:13 410:11413:10 421:21425:16 438:4451:1,7 452:3,12452:18 454:9,15455:7,16,17456:17 462:20469:5 470:9

believed 25:18 37:6believes 320:17believing 391:19Bells 335:16benchmark 344:6bend 236:21benefitting 343:21best 110:2 291:17

296:20 347:18371:20 390:1419:15 449:1

better 32:5 98:20272:19 320:22345:13 383:22

Beverage 1:2,12,12482:15

beyond 42:5,6129:6 132:22133:14 232:10283:16 448:15

bidding 435:8big 139:13 168:18

324:10 399:3461:8,8 481:20

bigger 343:6bill 281:16 433:14bit 36:19 42:10

102:5 123:7 148:2160:10,15 166:18185:19 202:7,7209:17 226:13288:17 291:6302:4 312:21329:15 348:1390:5 474:22

blameless 337:9blank 49:1blast 440:6blasting 341:16

463:8blended 36:3blew 356:2 477:2block 12:1 18:7

19:18,20 20:6,720:11,17,21 24:1225:1 26:14 47:6114:9 181:6303:19,20 304:1331:6,8 336:16350:17 351:7353:5 357:17462:1

blocked 167:20blocking 122:17

169:1,7blocks 460:10blue 403:21blur 439:17board 1:2,12 2:20

4:19 8:4,11 9:1813:21 14:6,8,1116:22 22:6 26:2228:8 32:3 38:355:19 57:22 59:2161:9,14 66:1967:2 68:5 75:5,682:16 120:4125:19 147:20179:1 191:13,14193:21 215:20218:19 224:12226:22 243:17246:5,9 252:8,9286:19,22 289:10292:7 296:14,19299:8 326:17330:15 346:12361:2 364:3365:19 373:13374:16 411:21414:16 421:11


424:6 434:10444:21 450:20455:15,16 456:2469:13 478:5482:14,15,18483:18

board's 5:6 14:18179:1 430:5449:11

boils 461:14boom 345:20,21,21

438:6,6 439:5,5441:1,1

Boqueria 336:1borrowed 97:12bothering 307:2

310:19 444:16bothers 310:20bottom 33:21 115:5

255:4,8 334:11413:18

bounce 336:13,17351:6 352:21353:1

bounces 131:13bouncing 328:22box 33:4,19 34:5,6

34:12 268:8 321:4465:19

boy 408:22bracket 371:20brass 237:9,10break 193:10

225:10 293:20381:10

breakdown 17:5breaks 124:11

283:6 290:9briefly 4:6 302:3bring 73:12 107:5

108:5 109:22153:8 213:8 223:4232:8,8 242:7247:12,14 268:12271:16 294:11316:8 318:3

403:19bringing 249:18

294:16broad 152:20broadcasting

459:21broadly 316:10broke 286:22broken 291:1Brooks 1:16 59:6,7

59:15,18 193:21193:22 194:5,9,17194:20 195:3483:4,6,7

brought 28:4 74:15235:18 260:3293:4 452:4

brownstone 347:10Bubba's 335:11buffer 42:1buffered 122:5buffet 26:14 353:5bugging 458:20build 351:2 355:7

454:6building 1:13 9:22

25:15,16,18 35:637:8 41:19 48:4,548:12,18 52:9,1054:9 55:8 58:1895:21 100:16,18102:1,20 103:18104:5 105:19107:15,17 109:11113:3 120:12,13120:20 122:16161:4 162:1,6,13163:2 167:18169:7 177:10181:8 204:19205:4 232:15254:11,12,18255:4,9 259:4,6302:10 304:6309:5,6 313:6,9313:17,19 327:1

329:9,10,12332:12 333:8334:6,12,17,20335:8 336:18,20340:2,3 344:8346:19 347:12350:17 351:1352:18 355:20386:8 405:12,17406:3 432:8438:15 443:8,15444:16 448:9,12448:15,20

buildings 23:1526:13,17,18 28:1535:15,15 38:17,1938:21 39:6,1240:1 48:7 122:3,4131:14 167:14,19168:18 169:1,3

built 241:17 463:16bullet 44:15,17bunch 384:7bunched 236:6burger 333:14burn 290:9business 9:13 80:17

159:16 177:22220:9,12 221:13223:3 228:12232:4,5 238:6,9240:9 249:5 260:5272:17,18,21284:3,9,11 294:6309:16 382:9459:8 461:1,16

businesses 116:4315:1 341:9 458:3458:11

buying 463:9481:20

CC 355:2 361:10,17

361:17,19,20372:20 409:3

466:11 468:8,18478:8,9,10

C-H-R-I-S-T-A-...2:13

C3(C) 8:19C3C 454:17cacophony 357:7calculate 147:16,18calculation 168:19calculations 418:8caliber 355:9,11calibrate 360:19

371:8calibrated 360:17

364:5 368:20369:18

calibration 369:19371:9

call 2:4 4:13 5:179:18 14:18 33:460:10,12 68:881:10 85:1 176:2184:4,16 185:12187:7,11 190:12195:2 210:18,21211:9 212:3,7,8212:11,12,13,18227:7 231:13237:13 245:1247:21 295:14309:19 311:2,19311:21 312:4322:8,16 332:19345:1 354:11359:3 387:22437:1 440:9 465:5465:7 483:6

called 179:8,8,9,9179:19 184:6,14184:19 185:10,17185:20 187:10,12211:20 213:2222:15 231:8276:13 302:22309:17 314:12322:3,18 327:5

333:18,18 344:21344:22 379:14442:14 449:15465:9

calling 13:19 80:14185:15 212:12307:4 309:19311:22,22 386:9

calls 212:2 251:19251:21

Camelot 46:14335:17 458:17

canyon 313:21,22323:22 328:21442:9

cap 261:8 263:11263:13,16 264:10

capabilities 231:7231:13

capability 97:19,22capacity 17:6

182:15 456:14capturing 136:20care 138:21 211:1

214:10 304:21341:18 343:19390:16 397:6450:10 451:19

careful 12:3Carl 10:6 13:6

354:11 355:2438:6 468:8476:12 478:9,10

Carlos 216:2 217:7carries 47:4cars 214:11,12

385:19case 1:9 2:4 3:2,9

3:15 4:13,16 5:17:8 9:17 14:1492:5 225:20,21226:1,2,10,19287:22 295:6,10296:18 312:10465:21 482:20

cases 4:5 100:12


161:18 477:11categories 415:1,13cats 184:11cause 69:10 233:5

248:14caused 11:21 74:6

249:13causing 421:18

422:18 474:11caution 3:10caveat 475:17

479:20CD 278:16,18,20

279:10,12cell 179:9 184:4

187:10 212:8center 124:15,17

314:3,3,5centered 33:6Cento 334:5central 6:22 369:17

453:15certain 143:17

217:11 277:12315:20

certainly 76:20119:1,2 171:19244:15 246:19325:4 434:12446:20

Certificate 38:1138:15 229:21

certified 373:19374:2,8

certify 459:9Cha 226:2chair 3:15 125:22

163:10 276:18425:14 429:22

Chairman 40:659:8 75:10 78:20195:6 213:17303:5,5

Chairperson 1:131:15 2:3,15 3:661:6

challenge 289:22301:7

challenges 285:17challenging 374:4chamber 336:13chance 14:20 75:5

144:6 225:14239:22 250:1391:4 460:3467:21 475:7,12475:13

change 17:7,8,1076:17 77:21153:19 154:4,10154:11 156:9157:3 160:13220:8,11 238:5,9260:21 261:4,6271:15 272:1283:4 287:22302:20 303:4317:21 461:2

changed 77:15147:4 160:6 163:5291:22 344:16457:6

changes 283:9changing 79:22

156:5 240:9289:14 335:10393:15

character 105:5,7,9105:13 131:6154:4,10

characterize 23:8charging 452:22chart 45:2 117:7,22

359:19 376:12377:14 413:20414:13 416:21418:15 419:9,11420:7,16 424:15430:7 431:3,5472:9

charts 270:4,6431:9

cheaper 248:2check 12:12 72:15

84:3 181:4 210:19210:22 294:11435:7

checks 234:19Chi 226:2child 238:22children 10:2Chipotle 336:1choice 480:4choose 198:11

393:11 396:18chose 69:15Chris 268:22Christacos 2:13

16:15,17 175:8184:15 226:14227:8,10,14,20,21228:2,6,10 229:6229:10,14,17,22230:6,13,16,20231:6,18,22232:19 233:1234:1,9,14 235:5235:9,17 237:6,19238:2,16 240:7,12241:15 247:8,14247:18 248:1,9249:8 250:10,15250:21 252:21253:5,13,17,21254:4,9,22 255:7255:13,17,22256:4,7,12,14,17257:2,11,17,22258:7 259:1,12,14259:20 260:1,8,11260:15,17 261:2261:10 262:1,15262:17,22 263:2263:13,16,20264:12,16,22265:6,17,21 266:3266:5,8,18 267:1267:4,8,11,16,21

268:14,21,22269:2,2,8,14,17269:20 270:3,7,22271:8,13,18,21272:4 273:18,21274:3,6,11,17,22275:7,11,19 276:1276:6,8,12,20277:5,11 278:1,4278:7,16,21 279:2279:7,11,16,21280:5,15,17 281:1281:4,7,12,16,22282:4,8,15,20283:2,13 284:10284:15,21 285:8285:18 286:2,9,11286:15 287:2,11288:7,16 289:18290:4,15 291:10292:1,4,14,17,20293:1,6,10 294:14295:1,2 306:14,16324:13 394:14445:20 457:8460:6 461:5,16463:14

Christopher471:13

Cigar 1:6 2:5 15:2016:21 17:7,17227:22 483:1

Cinco 334:5circle 9:22 14:4

33:5,6,7 348:9,17348:21

circumspectants421:11

cited 483:1cities 459:3citizen 9:13 83:9

238:13 284:8285:6,10

citizens 315:1480:15 481:2

city 131:13 172:22

173:4 238:17278:4,8 302:11337:12 340:11357:9 423:3455:14 459:1471:16

claim 258:21 374:3388:4,7

claimed 374:2claiming 388:9,14clarification

350:16 353:16clarified 231:1clarify 243:11

365:2 427:2clarifying 38:1

416:2Clause 57:2clean 29:2clear 40:13,14

41:11 43:15 68:483:2 98:4 103:9117:20 231:3274:20 288:21397:17 427:2429:15,19 439:19442:13 446:7,12464:4

clearer 442:10clearly 14:15 25:15

45:17 49:17 304:7316:19 324:2345:18 379:6460:14 476:2480:7

client 320:16clients 172:10clip 10:12 408:8clock 169:19close 79:4 80:21

92:17 93:18136:11 165:19183:11,14,15223:16 249:19319:3 382:15388:16 398:20


416:3 432:20446:16 456:7464:10

closed 12:14 87:1891:16 104:3,6105:15 106:9,12107:9 108:20171:4 214:16221:12,14,19,22222:19 235:12248:18 250:19251:11 318:7,16338:4,5,6 482:18483:19

closer 20:2 25:252:13 53:1,1454:7,9,10,1486:20

closest 24:1 29:13109:22 110:16358:18 379:4450:2

closing 10:17 65:965:16 68:20 79:2282:6 251:14322:17 421:4,6450:17 481:22482:9

club 6:22 9:2111:13 14:7 22:1422:16 80:15 81:881:11,20 131:11131:12 171:18173:5 176:15184:15 189:14,16215:10,13 315:10335:15 358:8369:17 413:20415:14 420:3,9453:15 458:18467:21

clubs 13:3,17 22:15172:10,16,22356:15 357:6,11370:10 425:20427:14,18 441:14

458:12 459:12clue 290:1CN 1:7coast 322:6,9code 68:16 92:12

94:22 95:13,1696:17 97:16 98:1598:22 99:3 106:17110:18 115:4119:21 124:7126:16 128:9,16128:18 129:1,12129:16,17 159:10171:3,9,11 456:15470:4

cognizant 256:6,8290:21

coincided 378:11cold 296:5collect 135:9

150:10collected 367:8collective 236:6Columbia 1:1 6:21

129:21 482:16Columbia's 97:7column 416:14

417:16 418:7419:19,21 420:17420:20

columns 420:10combination 44:12

146:12 166:12448:1 451:1

combined 93:2094:11 133:18146:14,20 147:14148:7 165:12447:6 456:14

come 6:22 7:6,931:3 54:14 56:1056:14,19 107:4114:7 116:16154:14 181:9,20187:14,16 190:7203:17 209:21

221:9 231:14238:8,17 245:16247:12,21 250:1,8252:19 260:19261:5 262:12272:18 281:9,14282:9 286:19288:13 289:6,6,11291:2 300:6305:17 312:3,6324:5 326:3327:18,20 329:19332:7 336:3 341:3357:6 363:5 381:1444:4 453:22458:7 459:9 462:6462:21 472:21

comes 89:6 166:14247:7 261:8 264:4264:7 277:21280:20 281:19282:12 283:5287:19 290:20312:1 329:13339:21 342:17361:4 391:18432:16

comfort 128:21comfortable 79:15

79:20 82:12coming 13:1,3 21:4

32:3 49:18 50:2051:6,16 52:2260:7 79:12 80:16122:5 131:8,11,12131:17 139:5166:19 167:1170:10 179:14183:1 189:19213:20 237:4256:10 262:13,18263:4,7 274:12,14275:21 276:16,22289:14 312:8,16312:17,19 321:12337:16 338:18

339:22 344:15346:19 351:9357:15,16,21358:1,22 379:8387:19 390:1,5,11395:21 399:10422:3,4 435:20438:2 442:11445:15 451:15452:10 453:8,17460:15 462:1482:13 483:22

comment 16:18373:13,17

comments 58:262:3,9 174:3182:2 243:9299:18 375:8376:4

commercial 311:15332:15 458:11

Commission 61:562:20,21 63:2

Commissioner 61:474:18 78:21 84:19450:14

commitments455:20 471:16

committee 61:7457:20

common 53:13172:22 233:21

communicate 16:6237:15

communicated236:11

communicating107:2 232:13

communication236:1 237:1 238:3251:8,17,18

community 2:193:3 16:7 244:13275:14 284:7,20285:7 396:14,16441:22 481:4

company 433:18company's 294:5comparable 364:17comparative

128:18 426:19compare 119:20

126:14 138:17417:3

compared 95:1396:21 97:8 129:14

comparing 257:21comparison 158:13

258:8comparisons

413:17 444:15compete 324:13competing 399:1,2compile 150:10complain 113:8,12

179:20 191:1,4210:18,21 211:9211:20 212:2,7213:4 309:18314:6 322:19345:20

complainant 276:5complainant's

274:7complained 180:22

213:2 314:10327:22 328:13,15338:11 340:20

complainer 344:5complaining 8:17

275:15 311:11complains 211:3complaint 21:11,16

21:21 31:13 45:845:9 49:12 74:13179:7 180:1 181:1186:4,16 187:3,5187:6,6,10 191:3191:7 192:11210:11,13,22211:15 213:12237:7 451:6


complaints 7:1412:5 30:14,14,2130:22 31:3,1059:13,16 69:1173:5 74:1 81:9178:5,8 179:4180:10 186:22192:5,6,6,16,19219:6 234:22237:4,16 238:19241:19 251:22252:4 271:6,9,10271:12 273:12,16274:1 275:10,12307:16,19 355:20444:4 453:19

complete 418:6431:1,5

completed 187:1295:9 333:17

completely 228:18232:3 241:8 272:8289:2 290:21302:7

complexes 36:21compliance 128:8

170:10 238:15319:14

compliant 8:7 9:11232:14 271:17293:8 320:8455:22 456:22459:10

complicated 147:6441:19 448:22

complies 319:18comply 71:15 72:4

72:6 119:7 235:15236:12 237:14239:19 308:9319:19 453:6454:12

complying 12:672:9 279:17 311:7459:12

component 231:8

266:22 267:2268:11 284:5454:7,8

comport 253:9Compound 288:5compressor 265:1

269:4 280:14compromise 481:6computer 280:20

283:7 355:7computerized

231:10concede 404:2conceivable 142:8

144:21 145:17conceivably 145:16concentrated

357:18concept 93:7concern 79:11

119:16concerned 148:4

302:13 303:8310:4 367:19,21446:21

concerns 73:8180:18 274:5302:22 316:9317:16 361:8

concert 255:21concession 452:1conclude 325:1

463:13concluded 305:8

422:9 484:8conclusion 53:6

112:11 114:19441:10

conclusions 128:17426:11,12 482:3

concurred 306:9condition 89:12,21

92:6 214:15 369:9conditioning 90:2

233:10,11conditions 91:15

305:11 315:20317:4

condo 337:12 355:4443:17

condominium 3:128:18 16:1,2,1221:8 25:14 28:1736:20 37:5,2040:20 41:10,1476:16 77:2,8,1587:1,16 121:12298:21 299:2302:5 313:8 454:1

condominiums20:2,10,14 21:927:7 28:2 29:1243:11 58:17 88:12114:12 120:18453:19 463:2

Condos 28:14 64:1454:18

conduct 247:22conducted 63:13

76:6Conference 483:19confident 280:10confirm 28:8 44:10

45:2 275:18 276:3291:21 415:12427:21 440:6

confirmation441:10

confirmed 180:7440:3,14 441:3

confirming 438:22conformance 92:11confused 257:10

304:18 464:15confusion 28:13

42:11 304:3 376:1419:5

connected 313:7326:11

Connecticut 25:925:21 26:2,4 29:129:9 58:6,9

235:10 324:5,8,9327:11,12,19339:16,18 347:15348:11 349:6351:16,19 357:5358:2 442:6448:12

consider 6:15 74:8104:16 289:17294:1,13,15

considerable 11:22considerably 12:9consideration

450:22considered 246:14

433:16consistency 317:6

318:3 323:15consistent 13:7

192:13 316:21362:19 371:12

consistently 371:16consists 17:2constructed 123:18

123:20 454:3constructing

333:20construction 302:6

302:9 350:3356:12,15 369:15

consultant 293:4contact 16:5 192:20

239:1 302:17content 137:3continue 19:19

44:6 87:12 114:2222:2 223:7225:20 246:15248:7 290:10333:5 382:1,3,4,7390:22 455:21

continued 18:14360:19 407:8454:12

continues 452:14continuing 179:4

contract 247:7,12contracted 126:6

127:7 255:11,15contractor 208:6

433:12contribute 144:2

156:4contributed 156:20contributes 155:5contributor 423:2control 1:2,12,12

8:8,20 9:2 68:1670:4 72:3 74:2094:5 107:6 152:7170:11 196:19207:16 263:5277:3,18 279:13289:3 292:11293:8 319:12320:8 346:4 447:8447:9 451:12453:2,7,13,14454:14 456:3482:15

controlled 280:10345:14

controller 156:21controlling 267:15

277:3controls 322:22

345:17convenience 469:8conversation 13:6

55:7,10 96:22190:5 210:17224:9 239:13250:5 386:6392:11 460:18

conversations323:2

converted 313:3cool 154:16 281:2cooperate 272:5cooperation 482:10cooperative 341:10coordination 228:8


copies 186:11296:15 375:14,15376:3,7 377:2,4

copy 85:22 86:4186:17 242:5,9297:14 298:10,12299:11,21 301:9375:17 376:22

corner 120:18121:16 309:5332:5,6 334:21335:7 336:3 379:5379:12,16 398:13406:17,20,22

corporate 227:19284:8

correct 12:19 23:1827:4,5,9 28:1829:10 30:3,4 31:231:8 34:21,2235:7,8,16,17,2136:6,14,17 37:1837:21 40:4,21,2243:13 44:22 45:445:5,10,12 47:1349:21,22 50:4,650:13 51:20 52:359:17 62:22 63:463:22 64:13 65:165:14,17 66:1267:5 69:3,18,2171:10 77:10 79:781:6 83:8 88:1294:6 107:7 109:8111:5,12 113:16118:16 119:8122:22 123:1125:17 130:1,16141:18 146:15156:13 158:16160:21 163:7178:11,20 186:19198:11 201:2,19228:5,6,10 229:16229:18 230:21247:19 252:21

253:13 254:4255:12 256:4267:16,20 269:8271:13 275:19276:1 285:19287:1 292:13,14292:16 297:20298:4 299:9301:19 325:5329:3 351:7,8,17352:15,19 353:3383:9 394:6 407:7407:17 413:21414:3,12 415:3420:5 426:7427:21 428:2,15428:17 430:9443:9,15 444:11446:22 451:16470:22

corrected 364:14381:15

correctly 75:11112:12 158:17160:12

correlate 136:6,13136:15 140:1,2

correlation 321:19correspondence

326:13corroboration

276:4cost 431:17,18

432:21 433:1,4,13counsel 3:12

296:16 300:9304:17 310:4413:2 434:18453:5 481:17

count 14:22 48:1748:20 457:16

counted 382:22counterintuitive

303:14country 397:6couple 49:11 59:13

210:2 213:20220:1,2,6 237:8314:13 326:8328:14 343:13394:10 415:17424:7

course 11:12 89:3115:22 123:6143:7,9 307:11314:13 325:3

court 374:7Court's 17:15cover 64:6covered 78:7

271:20covers 153:1crane 233:9crank 341:21cranking 344:14crazy 326:5create 152:9,13

154:17 283:22303:10 420:16

created 140:11142:5 413:12430:22

creation 284:3453:17

credence 369:1credentials 360:14credibility 361:6

362:15credible 422:1crime 456:15cropped 324:14cross 4:14,18,19

5:1 226:16 239:10300:11,18 335:8347:15 381:4,7430:2 469:1,2474:3 475:14479:22 481:9

crossed 327:10crossover 265:1

266:10 267:6Crosstalk 189:3

203:9 229:19230:10 234:7240:2,17 242:16242:19 268:3270:20 275:6278:11 281:8301:18 349:4,11360:5 365:11384:10 389:13401:20 410:10419:3 481:7

crowds 214:12cubicles 152:16

153:1cumbersome

380:22cumulative 164:11current 8:6 66:19

66:22 68:8 73:11299:5 311:4,8328:15

currently 267:19270:1 281:21289:12 310:8

customers 229:2,13cut 237:2 432:19cycle 326:2

DD 244:9 408:20

410:3,8 411:14,15425:18 469:20

D.C 1:13 64:1168:15,16 72:292:12 97:21 99:3106:17 115:4124:7 126:15128:16 159:9228:1

Daily 334:20350:17 352:3,8

damages 14:5dance 9:21 14:7

171:17 214:7315:11,16 408:9

dancing 173:5

238:11 467:20Dantzler 1:20

14:19,21 15:6,1215:13,16 18:1821:19 22:4,10,1823:7,18 24:6,1524:18,22 25:6,1126:3,10,16 27:5,927:14,20 28:1,728:18 30:18 31:231:8,11,16,1932:8,13,19 33:133:10,16,22 34:334:7,10,14,17,2235:8,11,17,2136:6,9,14,17 37:137:10,18,21 38:638:9 39:1,9,16,1940:4,10,21 41:141:20 42:17 43:144:14,19,22 45:545:10,12 46:3,946:13,18,21 47:347:12,16,20,2248:9,15,19 49:1449:22 50:4,6,1350:16,22 51:8,1151:20 52:3,6,1752:20 54:8 55:1156:8,18 58:11,1359:4,12,17 60:4,560:8

darkness 400:1data 97:18,20

149:11 150:10,15150:16,20 151:10155:17 367:8

date 64:3,6 76:10324:16 415:14431:3

dated 42:21 67:268:5 130:4

dates 17:21 44:9,21415:18 430:11,15430:20

daughter's 392:5


day 45:7 55:6 96:18101:9 143:8,9,11143:17,20 144:1,5144:20 205:14,21233:16,16 310:8311:3 320:4330:10,13 414:2415:10 441:11450:21 453:8,16457:12

days 44:11 45:4272:17 308:5314:13 325:16414:4,5 483:22

daytime 367:12dB 130:14,14 132:7

132:17,18 133:13162:11 181:11216:11 222:7232:15,17 233:2233:22 261:11416:10 432:15,17432:18,19

dB's 232:1,11259:5,7

dBa 86:12,16 91:22101:20 105:18124:3,6 130:15142:2,2,11 158:9158:11,12,14,15158:16 159:22161:10 162:18,22163:18,22 164:14166:2 200:17201:10 218:6370:16 372:14,17372:22 428:21453:6 476:5

dBa's 292:12dBc 370:17 372:15

372:18DBX 231:9 260:17

267:4 280:15,16DCNightLifeNoi...

244:2DCRA 9:3 10:7

292:21 320:14356:11 369:15,20452:18 456:13

DCRA's 371:9dead 309:7 314:3deal 42:11 62:13

66:14 193:9 223:4288:12 293:5298:6 333:17

dealing 87:5,6476:8

deals 475:22dealt 77:2 342:10

473:8 476:5debate 240:16December 284:11decent 96:20decibel 70:12,13

84:1 110:3 111:1118:17 151:5157:20 188:5206:15 234:6249:3 250:2,9320:8 417:12

decibels 10:8 11:1412:8,9,10 13:5,1013:12,13 71:1984:6 92:14 93:293:10 94:1,3,495:14 108:2,14,15108:17 109:9,10109:12,15 111:3112:13 113:5114:22 115:4116:14 117:2118:15 140:15,16148:3 151:5187:18 221:5,10223:1 248:17249:2 435:3458:12 460:17463:8

decide 179:10278:5,8 393:1396:19

decided 235:21

272:16 286:16decidedly 438:11deciding 344:7decimeter 354:3decision 174:14

175:5 482:12deck 49:19 51:22

52:22 79:16187:22 189:20221:11 346:20367:6,18 378:17379:5,21 382:11391:8 398:14,15406:15 450:2451:22 459:21460:21 461:19463:17

decks 460:5 462:16decrease 18:22

23:17 156:22223:18

decreased 24:4145:18

decreases 144:11dedicated 452:7deduction 58:16deed 389:6deem 82:22 83:7deemed 198:16deficit 421:2defined 78:15

259:19defines 132:19definitely 294:15

307:18 344:4definition 75:18

77:6,18 78:16428:16 480:9

definitive 306:4degree 126:4 388:5degrees 78:8 327:9deliberating

482:19delimiters 446:2delta 130:14 143:19

144:2,7,13,22

146:7,21 152:5,9153:9,22 154:11154:17 155:5156:5,11 157:6158:15

demands 236:13,21239:17 240:5241:14 242:3,11243:5 244:16

demonstrated 76:5463:14

demonstrates14:15

denote 36:20denoted 33:15deny 28:8Department 457:14depended 371:18depending 99:16

143:8 167:19depends 106:19

109:19 110:7116:20

depicted 45:20deposited 24:11deposits 19:19depth 80:11deputies 456:19describe 94:16 98:1

384:20 442:17472:17

described 102:12147:20 239:14302:1 367:3445:20

describing 471:14description 362:3

411:17 437:1deserves 481:11design 152:18designate 208:7designated 198:16desire 308:9 471:14despite 12:3,5

13:17 40:13 50:19detail 111:21

128:15 302:1369:7

details 169:11determination

115:13 128:6211:12

determine 16:619:15 28:3 42:1657:22 83:3,1690:21 92:4,1693:3 113:4 131:7132:20 138:10155:8 164:18165:8 190:8203:17 422:8423:4

determined 200:2450:4

determining 83:21155:12

developer 313:5development

462:21device 137:11,14

200:20 206:14238:14 261:19

diagnosing 291:8diagonal 309:6diagram 36:19,22dial 200:15 202:15

207:16 208:14209:1 370:22

difference 92:13,2299:17 105:21138:3 144:12155:1,3 158:15163:18 328:1370:17 416:9420:17 434:16459:5 461:18

different 98:11105:6,6,9 117:15123:18,19 132:14135:13 139:19,20143:19 160:20170:2 188:20


206:5 276:16277:16,17 293:20306:18 317:3,3,11317:11 323:8329:6 362:6367:11 384:7400:22 452:5,15459:4

difficult 132:1,3310:6 311:4312:22 331:2381:8

dilemma 9:1din 23:21 26:1

164:9ding 453:4dinner 224:3

481:20dinnertime 353:12

353:13dipping 452:21dire'd 360:12direct 3:21 22:17

73:22 122:8,10131:18 167:16226:16 381:14393:19 398:1

directed 228:8313:21 343:3

direction 18:1538:20 126:22153:11 256:22379:9 390:6

directionality137:4

directions 329:15405:11

directly 21:7 34:1237:3 39:6,13 52:8119:20 308:19309:20 327:9339:18 351:17367:5

Director 315:4470:2

Dirty 356:2 424:11

424:17,19 435:11460:7

disagree 116:1117:19

disappeared433:14,15

disc 382:16,18393:4

discern 130:11131:3,6 138:4206:2 312:15323:19 324:21329:10

discerned 151:7346:8 368:7

disco 397:6discomfort 74:6discovered 302:14discreet 77:9discrepancy 192:17discuss 80:10

193:11 243:17245:9 302:4373:14 382:3

discussed 51:12170:9 287:3,4445:21 467:11,13469:18

discussion 41:12326:6 355:12366:5 375:11376:20 377:1391:17 402:8403:12 404:20413:14 437:2

discussions 305:10dismounted 433:12display 95:5 98:17dispute 246:19disrupting 232:5disruption 236:18disruptive 132:16distance 70:17

107:14 109:20114:1 116:6167:11 168:15,17

347:5 399:18449:21

distances 449:18distinct 28:15

50:17 196:1,3distinction 129:3

357:11distinctive 393:22distinctly 399:5distinctness 442:9distinguish 19:11

23:1,20 24:2105:8,12

distorted 279:5distortion 249:13distress 11:22

13:17,22 74:6474:7,12

distributed 266:14District 1:1 6:21

97:7 129:20173:17 482:16

disturb 83:22357:13

disturbance 23:8disturbed 10:4

73:11,14 96:2,6119:17

disturbing 132:15153:2

disturbs 341:12DJ 194:14,15,18

195:13,16,17,19195:20 196:1,2197:15 208:5,6,8209:13 247:6,11247:12 264:1,7276:21 277:2393:13 394:13,15

DJ's 247:2,5262:11 265:11

document 59:1064:9 66:13 101:1126:8 300:11361:16 391:10,12

documentation

281:6,13documented

273:20documenting 288:5documents 91:13doing 30:16 54:18

95:19 99:16134:19 138:22139:17 140:7153:7 161:11177:2,7 206:2,3,3206:4,20 208:16211:14 219:10225:7 231:13234:19 238:18245:21 260:2262:4 264:19272:20 273:4286:17 289:17290:2,3,6 294:5302:14 316:15321:9,15 347:19359:6 363:7,12368:7 380:4396:12 425:3446:1 449:1462:10 463:21,22

dollars 454:6dominated 92:1DONALD 1:16door 51:17 183:5

184:8 199:7289:19 319:19331:5,21 332:8338:10,14 339:11339:14 432:12448:8

door's 329:18doors 340:15doorways 332:3dosimeter 214:1,3dosimeter's 214:18dosimeters 215:4double 163:17

175:20 210:19347:22 365:7

433:7 452:20doubles 12:10doubt 323:5 453:15doubted 310:17doubtful 398:10downstairs 232:12

249:16 332:11335:21 336:1

draft 294:3 462:15draw 53:6drawing 33:15

426:11,12drawn 33:5dressed 438:5drew 128:17

438:21driver 271:15driveway 367:4

385:13drop 99:13 146:17dropped 58:14

160:7 408:7due 327:9dumb 136:21dump 481:16duper 433:17duplicative 5:15DuPont 9:22 14:4dynamic 326:18

EE 465:5,5,6,7,8,11

465:13,15ear 12:2 52:9 54:17

129:2earlier 65:8,15 78:9

109:15 112:10125:15 183:15210:9 219:2 302:2304:3 354:3 367:4376:1 397:13422:6 427:1

early 68:20 79:2307:16 367:13415:22 416:4

earnestness 308:8


ears 136:19 137:3148:15,22 166:10

easier 3:20 41:12131:19 140:5380:3

easily 73:7 465:12east 58:9 121:4,11

313:16 324:8327:10 353:6384:21 385:12,17405:11 406:9,12

east-west 385:6eastbound 18:14

20:5eastern 306:19

367:5echo 26:15 336:12effect 313:22 315:5

324:1 328:21369:22 422:14,18447:5,6 451:14455:9

effective 82:6244:12 363:8

effort 12:4efforts 254:6

454:12eight 96:18 100:1

201:1 202:19259:14 313:11414:18,19 448:11

Eighteenth 183:2,6183:7 188:17214:15 329:14,22329:22 330:2

eighth 99:19eighty 259:14Eighty-eight

200:11 201:16either 156:21

219:16 269:15357:9 415:18447:22 466:18480:5 482:1

elaborate 439:22elected 61:2 63:2

electronic 277:15Electronics 290:9element 268:8,9,11email 63:20 220:16

234:17 308:2309:20 311:8323:2

emails 230:4311:21 314:12326:9,10 345:19

emanates 16:10emanating 18:13

19:12 36:2 355:8358:12 367:22

emergency 125:7emitted 7:19emitting 22:15emotions 474:18employee 207:7,15

208:3,4,6,11247:6

employees 207:5,12207:19 209:10289:1

enclave 283:20encompassing

119:18encouraged 457:7encouraging

321:18ended 84:7,8

127:21 307:5endorsement 9:20endorsements 9:19

14:13,15enforce 116:4

315:3,7 320:15456:2 459:5 461:4471:14

enforceable 8:21316:5 323:14446:4 452:15

enforced 9:2292:16 310:11,13311:5 320:9

enforcement 9:7

51:12 69:11 74:19234:13 292:22319:16,17 320:20363:9 447:6451:12 453:12457:21

enforcer 446:9enforcers 311:1enforcing 315:6engaged 85:17 86:7engineer 8:3 10:6

12:7 63:9 85:1585:18 116:15190:7 198:17199:6 200:3 221:9222:16 247:21248:16 252:19253:3,10,16256:10,19 258:14259:17 270:8277:15 282:3,13289:5 294:11305:17 308:14321:16 329:2355:5 362:21363:1 374:5392:15 399:20400:13 427:1451:2,15 459:9476:4

engineer's 391:2engineering 360:14

448:22engines 340:19enjoyment 16:11enlighten 395:16ensure 81:22

198:15 199:21265:20 287:18,20289:9 291:16

entail 80:7enter 10:21 27:18

35:1 42:8 57:864:19 243:16297:6 301:14

entered 64:16

304:12,14 451:4entering 480:5entertainment 7:2

7:3entire 195:8,18

303:19 336:21431:19

entirely 422:1entitled 340:9

455:18entity 227:19entrance 332:4,8

333:13 334:5,8environment 89:2EQ 266:10equally 148:17

438:14equals 416:11equate 200:15

201:10,21equates 201:13equation 218:9equipment 89:5

90:2,9,10 111:20151:21 166:16182:5 232:9 264:1264:2 283:8 290:9293:20 364:5373:11 393:10

equivalents 347:10ER 37:3,3 40:17

41:13erased 412:9escape 52:14

183:12esoterically 203:2especially 136:10

166:13 272:20431:14

essence 7:10 474:2essentially 40:17

112:15 153:4455:12 456:19

establish 54:261:12,18 80:15101:5 102:8

118:10 230:3283:19 429:13

established 54:1654:20 73:18 77:879:14 96:12 103:6128:7 143:21153:17 177:2253:3 284:19285:1 407:12427:10 429:16451:3,5

establishing 87:15291:15

establishment 3:146:19 7:12 8:713:11 17:9 18:1219:2,6,6,12,1522:20 26:6 38:2249:21 51:7,1659:2 70:17 73:674:16 75:16100:12,15,20,21101:18 103:3,7104:22 106:14,17112:14 114:18120:22 122:18128:8 157:9195:18 207:7,15246:22 262:12275:2,21 286:13343:10 358:3,6395:15 414:17440:13 445:16

establishments17:1 46:6,1176:16 90:14 91:2182:16 234:5,19235:7 303:18311:14 317:1331:7 336:12337:17 338:5,18339:3 358:4364:16 399:9414:20,22 424:9435:2 442:6

estate 455:4


estimate 116:17168:20 169:9430:14 433:4,7

estimation 23:3379:8

evaluate 96:10127:15,17 129:16

evaluated 128:13159:21

evaluating 159:19evaluation 64:12

159:22evaluations 114:20Eve 305:4evening 182:3

367:13 425:19440:22

evenings 457:17events 245:19eventually 36:4

82:14 302:14303:2 305:15314:14 355:21435:5

everybody 5:14191:11 236:16238:22 288:18326:2 331:4 482:9482:11

everybody's 315:2everyone's 320:5

331:2 412:10454:19

Everything's 186:9evidence 7:12

10:11,17,18 14:2243:17 270:7,9,10296:17 392:20393:5 394:2 401:6404:13,17 411:22412:1 427:5 463:4474:19

exact 162:9 200:20254:8 430:17

exactly 19:4 93:12114:14 128:11

131:8 138:19147:15 167:8230:7 231:8 254:2258:1,10 262:2283:20 291:4,12382:16 400:12464:4 477:9

examination 4:144:18,19 5:1,2

examine 239:10300:11,18 469:1,2474:3 475:8,14479:22 481:9

example 51:14,1794:7 133:21 134:4143:10,21 153:12

exceed 94:4 107:13108:2 112:13115:3 202:9222:19 277:20

exceeded 114:21115:8 241:12

exceedingly 96:14233:21

exceeds 71:18129:12

Excellent 33:3exception 474:13excerpt 470:18excerpts 470:19excess 7:18 13:5

83:1 454:5exchange 308:2exchanges 230:4

309:20 323:3excuse 21:17 28:20

45:14,22 72:14130:15 207:11290:8

excused 84:22exercise 150:12exhibit 18:3 19:2

21:1 32:12,17,2033:2,8 38:1840:12 41:22 42:545:14 48:11 56:21

63:15,16,16 65:1965:19,21 66:1867:2,7,9 85:21179:2 242:22270:11,12 271:3296:21 300:10,17348:8 349:15359:2,3 361:10,17361:18 364:14,19374:20 381:15404:8 407:18408:6,9,17,20,22409:2,3,8,9,17410:3,4,8 411:14413:3,6,8,18,19425:15,21,21464:17 465:5,5,6465:7,8,11,15466:5,6,18 468:6468:8 469:20,21470:12 471:10,12472:8,11,13 473:4473:4 475:15477:15

exhibits 61:10,1462:13 69:8 297:3361:4 365:6 404:6407:16 409:6410:15 464:11471:10

existing 464:6exists 133:14expanded 465:20expect 71:14

116:17 159:7370:9 371:1 372:4

expected 175:2371:21

expenses 272:22expensive 12:3

454:8experience 111:7

116:16 131:9173:10 174:1306:14 441:13442:13,13,17

experiencing 14:1474:8

expert 116:17246:5,9 360:22374:4,8 469:13

expertise 169:8306:3

explain 13:18 98:3288:7 372:1424:12

explained 372:2exposed 306:20

312:12express 113:14

317:15expressly 466:10extend 66:10extended 178:19

309:15extent 88:1 92:3

105:4 173:2 315:8451:7,21 455:10

extra 432:6,11,12extract 93:3,19

130:17,19 131:1133:17 165:20

extraordinarily171:17,20

extrapolate 133:6eye 420:22

FF 2:14 470:10,12

476:20 477:1,17477:18,22 478:5478:16,21 479:4

face 6:17 107:15113:2

faced 121:9faces 251:15 308:21

313:13facilities 317:2

324:12 357:19facility 306:16

319:2 329:17facing 121:7,8

385:10fact 50:19 81:8

82:12 106:2150:14 152:14164:12 192:15235:12 246:14256:10 373:18399:2 451:11453:1,14 482:3

factor 143:18factors 152:4

156:19facts 13:4failed 235:8fair 38:16 83:4

93:22 106:6129:18 130:10133:4 134:10,12143:5 147:4,18155:18 156:2,14157:10 162:8,21170:3 238:7,11269:21 330:21387:9 430:14

fairly 93:3 103:4172:5 173:9

fairness 312:7faith 463:15fall 63:5 326:7

444:7familiar 70:4,6

97:6 177:22 178:4familiarity 68:15family 309:15fan 50:2 55:9

215:10 224:4fans 215:6,13far 22:6,16 25:20

28:16 37:11 50:2159:1 113:19 167:3168:6 204:18224:15 237:1240:9 241:15281:1 284:22290:17,18 292:17347:4 357:9 395:2


421:16 441:17446:21 449:18,21468:16

farther 53:15386:13

fast 99:6,18 134:14134:18,21 135:6135:14 360:21368:19 369:11451:11

father 306:16309:14

fault 479:21fearful 169:20feasible 119:3February 16:3,14

17:16,18 179:18180:14 181:20185:1,10 187:7211:16 212:6323:8

feedback 211:11,13457:9

feel 154:16 171:14210:6 248:9,11,12250:3,11 271:4311:19 422:17,20

feelings 474:17feet 7:18 10:9 12:20

12:21 22:19 23:136:10 50:21,2158:4 71:1,2,3,1986:21 97:3,4100:18,20 102:15107:15 110:10,10110:13 112:14113:4 114:9115:15 116:14,18161:3,22 162:6,12163:2 167:9 168:2169:6 171:11172:3 204:22205:2 220:21221:1 232:15254:10,11,15,17255:10 258:4,6

259:4,6 308:16315:10 327:1,1334:1 347:7,14,16347:17,19,22383:4,4,6 385:16385:19,21 386:5438:12 450:1460:15

Felicia 1:20 15:13189:8

felt 199:9 236:21236:22 246:17248:1 271:16314:15 316:15,19449:16

FEMALE 359:22376:6 377:3478:14

fiddle 287:19fiddles 281:19

282:12field 85:17 94:20

314:22 315:3fifth 117:5 379:2fight 328:8 392:22figure 79:19 131:17

140:9 155:4 263:9264:15 300:22342:11 347:20438:2,8 441:21446:6 448:21449:6 451:20467:1

figures 378:6file 69:11 74:1filed 73:6 81:9

303:4fill 150:10filter 148:20filtering 182:16

246:5,9finagle 279:18final 68:7,12 80:7,7

175:5 179:3 232:9297:19,20 307:11310:3 424:8

finally 9:4 178:9310:2,7 383:9463:20

find 14:6 18:1245:20 274:7283:8 369:16370:2 440:12456:21

finding 408:22findings 13:8 31:5

101:15 482:2fine 11:8 55:2,5

189:7 190:14212:9 223:21224:18 252:14266:4 310:12345:7 365:14403:1 434:7

fined 250:10fines 452:19finish 107:21 175:4

232:3 350:3 381:3386:4

finished 433:9finishes 381:14fire 52:13 340:18

456:12,15firm 263:11,13,16

387:22firmly 323:2first 4:13 5:3,7 7:5

7:6,7,9 8:14 18:920:7,17 38:1345:16 49:11 60:1062:12 65:22 66:1467:13,17,19,2068:7 75:5 79:2175:18 178:8,11180:17 209:21245:17 252:11,18253:17 272:14273:4 295:14302:21 304:15314:10 325:11343:13 378:2384:1,1,16 392:4

402:10 407:22410:5 414:11436:3 442:1 444:3447:20 450:18453:9,10,11 456:1460:13 461:5,18463:7 464:15466:18

fit 117:13,14159:12 447:4

fits 396:14five 6:12 9:16 15:22

42:13,15 43:644:4 64:21 71:1181:17,19 86:17,21102:11,14 193:10209:17,21 225:8273:17,18 316:13329:6 367:8,11385:16,19,21413:9 414:18432:15 448:1450:17

fix 291:1,2 465:10fixed 156:8 260:13fixing 291:3flagging 297:1flattered 449:5flavor 393:8flies 436:15floor 9:22 38:12

102:16 103:12117:5 153:4,10157:18 158:1161:7,9,16 195:21214:7 215:5312:14 314:5,6379:2 408:9

floors 17:2,5 27:1127:13 452:11

flowing 428:14fluctuate 98:18fluid 77:19focal 7:21focus 7:11 377:17focused 130:6

383:14folks 340:8 446:15follow 126:7

225:22 252:16276:20 287:16291:18 320:7359:11 366:10434:9

follow-up 38:255:18

followed 439:6following 160:5

287:4 293:17Fonseca 2:10,10

3:17 4:3 5:8,9,196:2,13,14 9:1610:16 11:3 21:1728:11,19,22 29:629:10,13,16,1930:1,7,10 31:1832:1 40:8,9,2241:4,16,21 42:942:20 43:4,16,2044:8,17,20 45:1,645:11,13 46:5,1046:15,19 47:2,847:14,18,21 48:248:3,10,11,1649:4,7 53:2,554:15 55:17 59:2260:1,10,11,2261:8,19 62:1,6,762:10 63:1,4,7,1463:19 64:1,5,1064:14,22 65:2,765:12,15,18 66:266:9,13,17 67:1,867:12,17,22 68:468:19 69:1,4,9,1669:19,22 75:282:16,18,21 83:983:17 85:1,11,1685:20 86:3,6,1387:2,9,12 88:2,988:18 90:12 91:391:9,19 93:21


94:7,15 95:9,1896:4,11 97:6 98:198:6 99:5,12100:4,8 101:4,9101:14 102:7,21103:9,15,19 104:1104:7,13,16105:14,21 106:6106:13,22 107:18117:3,12,18 118:6169:17,18 170:8170:20 171:1,13171:22 172:6174:9,20 175:3,7175:17,21 176:1,5176:9,12,14,18,21177:1,12,15,19,21178:4,7,13,16,18178:22 179:21180:3,6,9,11,12180:16 181:13,16181:18 182:3,7,11182:19,22 183:10183:19 184:1,5,13184:21 185:3,5,8185:21 186:2,10186:14 191:15192:4,22 193:5,7193:16 215:21,22216:5,7,14,17,19216:21 217:3,7,11217:14,19,22218:3,6,9,12225:7,11 226:6,11226:12,22 227:6,7227:17 228:2,7,19229:8,12,15,20230:2,8,11,14,17230:22 231:15,19232:16,21 233:18234:3,8,11 235:2235:6,14 237:3,6237:18,22 238:12239:4,10 242:7,12242:14,20 243:1,2270:14,18 271:2

292:8,9,15,18,21293:3,7,11 295:3295:4,5,9 297:17297:18 298:2299:20,22 300:5,8300:19,21 301:8319:21,22 320:3321:7 323:16325:3,9,18 326:15327:4,6,14,17329:20 330:8,12330:15 348:3,5,16348:22 349:5,10349:14,19 350:6,7350:10 359:16360:9 361:17363:19 364:11,20365:19 366:16368:6,12 373:8375:9,15,20 376:5376:10,16,18377:5,10 380:1,10380:13,15,18381:2,6,11,21383:14,15,17,19384:6,11,14 385:1385:5 386:1,7,11386:16 387:12,15388:2,8,12,18,21389:2,14,18,21390:14,16,19,20391:14 394:5,6,9395:7,15 400:7,9401:7 402:6 404:2405:13,16,20408:6 409:22410:2,7,11,17,22411:2,5,8 412:1,4412:9,13,15,16,21412:22 413:1,7,10413:15 414:1,7,15415:5,11,17 416:2416:6,15,19 417:1417:9,17 418:17418:20 419:1420:2,8,12,15,21

421:5,10,12,13422:11,17,22423:6,11,15 424:3424:16 431:15433:22 434:1,7438:20,21 439:7,9439:13,18 440:2,8440:12,16,18,21441:7 442:4,18,21443:2,4,7,11,13443:18,22 444:3,8444:10,14,19449:10 450:18,19457:4 465:9,12466:17,22 467:4,8467:11,14 468:10468:15,22 469:4469:15 470:9,20471:1,3,6,19,20472:1,2,4,12,21473:7,11,14,18,22475:4,7,9,18,20476:4,7,20 477:1477:15,18,21478:4,9,11,18,21479:11,20 480:2480:14,16,19481:2,13,19 482:4484:1

Fonseca's 418:12food 334:14foot 42:1 348:9,17

348:21footage 393:2forbearance 405:4force 9:5,5 234:13

278:8 320:12373:5 452:17

forced 248:13438:6

forgive 296:4forgot 5:3 331:16

334:22 335:3form 477:12format 117:15formulate 246:1

forth 90:7 101:19123:8 124:18159:16 232:14302:16 307:4310:18 311:20

fortunately 453:9forward 243:15

323:12 446:7fostered 126:19found 17:13 91:21

159:11 171:1183:10 274:12452:12

foundation 61:1361:18 480:5

four 5:9,10 17:227:15 38:6,8,1044:20 48:8 86:1992:13 93:2,1794:4,12,13,13100:18,20 107:15108:15 109:15110:13 111:9,10140:7 141:20146:8 161:3,22162:6,12 163:1164:15 171:11201:4,5,6,8,9,11201:18,22 202:15202:20,20,22203:17,18,20205:1,2 207:3212:20,21 213:2213:11 251:19252:2 272:17303:21 313:3324:10 336:21414:18,19 416:10

fourth 67:7,8457:12

frame 33:17 430:8Frank 2:14frankly 8:11 62:2

170:8 233:1320:10 322:8453:22 454:16

475:9freak 283:4free 361:14 387:13frequencies 123:19

124:21 139:20148:1,3,14,17,18149:19 150:21151:1,6,8,19,21154:21 155:12

frequency 105:7124:11,12,15,17125:1,9 131:6137:3 139:20147:21,22 148:8148:19 151:15152:1 154:4,10155:4,16 192:20370:18 373:1397:19 476:1,8

frequently 358:11Friday 100:10

122:22 157:12,17158:3,8 162:18182:20 194:7,9,13194:17 202:9203:3 216:2217:17 252:20253:1,4,20,21254:2 293:4321:15,20

Friday's 231:16friendly 237:2

288:18front 18:4 32:11

35:6 37:2,3 45:1551:17,19 100:19100:21 101:17103:20 104:4,8,10105:22 123:5308:13 313:4,11327:18,21,22328:2 329:8,10331:5,21 332:7340:1 346:18358:21 413:21414:21 415:2


417:10 424:18,21424:22 431:20432:7 452:9 462:6473:9,12

fronting 442:6frozen 393:3fruit 259:2,3,3,18fruition 289:12frustrated 317:9frustrating 450:9frustration 309:22full 7:9 85:12 192:1

312:18fully 81:21 87:22

338:6fun 436:19,21function 233:17

265:3,6,8functional 393:16functioning 241:18further 9:7 19:9

20:16 22:13,2224:8 26:20 49:555:13,16 69:2274:22 84:16 89:2295:15 106:18107:19 120:2125:19 131:21132:2 145:19162:3 169:13172:7 174:4185:21 191:12192:14 218:16219:15 223:5224:22 225:2239:4 244:8246:21 252:5294:20 330:13342:20 347:21350:10 412:18425:12 432:14433:20 438:17455:19

furthest 21:2future 280:4,7

GG 377:7 469:21

471:10,12 477:21481:15

game 32:4 372:21gaps 370:2 417:13garage 205:19

332:9garden 7:20 9:19

14:13 16:10 17:1118:13,20 19:822:21 38:12,1448:22

gardens 26:7447:15

gather 285:4gathering 477:1,3gauge 79:12 322:21

323:21gauged 73:19gauges 307:8general 26:1 96:14

102:13 137:20138:6,7 147:8174:11 176:4360:11 371:5413:2 439:6481:17

generally 38:2181:11 97:1 136:18438:1

generate 126:11152:20

generated 6:18126:13 127:16,18136:2

generating 10:14generation 126:19generic 244:10gentleman 257:12

260:19 263:22geography 339:12George 306:16

307:3Gerald 85:2,14

232:6

getting 93:18137:10 151:19224:15 227:2232:4 248:10,12280:11 290:19325:16 339:7,12340:4 402:1412:16,17 431:22432:3 450:15459:20 461:20

give 6:12 10:1315:3 60:12,1761:8,13 85:6,1293:6,14 125:15175:11 185:12,14190:4 212:11,13227:12,18 257:6257:17 273:17295:20 313:2347:8 352:6354:15 359:10361:6 365:20369:3,3,12 372:13374:21 393:8437:7 469:11,18474:6 475:10,16481:10 483:18

given 4:22 13:18109:14 126:11,20127:10,11 156:16297:16 356:8413:3

gives 117:7 122:20134:7 408:19

giving 159:8 206:20462:11 468:17

glass 319:10 432:12432:13 433:17

go 3:5 4:6 26:1,1127:10,17 28:235:1,6 41:1643:18 44:6 47:949:9 52:13 56:957:2 58:7 78:16136:2 139:13146:14 147:1

159:8 169:13,22172:11 177:6179:10 183:4189:6 197:15,15197:21,21 199:1202:19 203:21205:16,18 207:5,9207:13,22 208:9208:13 209:14,16210:19 211:3212:2 216:13,13217:18,21,21218:13 222:9223:20 224:11,12224:12,13 225:7228:14 241:2252:11,12 260:4262:8 264:13265:11,12,12272:22 274:7277:7,12 278:14283:3 309:4311:20 313:16,17319:9 327:17329:14 332:22333:5,5 335:7342:7 344:6,9,11344:17 354:3356:9 360:2 361:1366:19 367:16368:10 369:6372:5 376:21377:3 380:12381:4 389:7 403:1403:14,15,20404:19 412:15414:1 427:4 438:7448:15 455:3,5456:20 466:17

goal 204:4 221:4God 353:20goes 6:17 50:11

121:4 146:13,16146:18 147:9158:21 163:22170:2 201:1

241:21 266:10283:9 307:10341:22 362:15400:1 408:4448:10 468:16

going 2:4,8 3:7,8,143:19 9:6 10:2111:6 14:18 15:1715:18 17:12 43:343:14 48:17 51:2252:1 53:22 54:2155:9 58:9 59:2061:9,17,21 65:1966:3 85:1 96:698:13 112:4113:12 114:4117:19,19 123:7138:12 143:9145:1 146:17,20147:1 159:1163:16 164:4,5169:16,18 170:5170:13 174:9,14176:1 178:8 181:4181:7 192:11193:9,12 207:2216:12 218:18225:13,21 226:14226:19 233:2,9,9233:11,11,20234:20,20 236:15236:16,17 239:9245:13,15 248:2250:7 252:9 257:4257:5,5,6 261:15261:21 271:2277:17 281:20288:9 291:4300:14,22 302:9305:13 307:9,12307:13 309:3315:14,16 316:4317:21 319:3,9,16321:22 322:10,13322:15 326:3,7,8329:14 331:3,19


333:1,6 337:6,22338:1 340:14342:5 350:16351:16 353:6,14353:19 354:3356:6,17,19357:10,11 359:10359:12 360:10361:4 364:12367:19 373:8374:18,18 377:13380:20,22 381:8383:13,17,20386:4 387:7392:21 393:9394:3,17,19,20,21395:16 398:4,10400:10 401:7,15407:13 412:12413:4 417:18432:5 434:19,21435:8,19 445:11445:18 450:16451:21 452:1,2,4453:13 454:11455:2,7,9 462:6463:7,9 464:5466:5 468:2469:10 471:16472:3,15,17476:18 481:16,17484:2

Golden 341:2,4good 2:3 3:16 6:11

22:8,10 31:1482:15 87:8 110:21122:19 123:15127:6 136:22152:18 159:2,2169:12 184:13,14191:9 193:19,20212:5 216:11220:12,15,15,18220:19 231:1282:15 284:22285:1,6,9 297:22

298:7 301:11317:8 319:22354:8 401:22427:6 446:5,18450:12 458:17,18463:14 465:15466:16 476:17481:16

Google 267:11448:6

gosh 347:6 352:4gotten 251:18,20

252:3 273:9288:16 292:18306:11 447:7466:21

govern 314:21governing 129:19government 97:21

355:6 423:8456:10

grant 462:9granting 9:18

14:12graph 475:22grating 395:20great 30:5 62:8

73:3 125:18 236:7252:7 272:10282:10 284:6286:3 289:5 298:7305:19 319:8341:17 345:8350:12 354:7434:8 446:18473:4 476:14481:5 482:11

greater 80:11 144:7144:22 200:1

greatly 13:5Grill 350:17 352:3

352:9Grill's 334:20ground 12:17,21

51:15 54:18 55:8110:17 117:5

369:17 459:22460:2

group 42:13,1443:6,7,8,10,1244:4,4 71:11 77:181:17,19 236:7242:1 285:10,12285:12,13 316:13356:12,12 447:4

grouped 285:10groups 15:22 370:3

448:1grown 453:16grumbling 355:19guarantee 199:5

342:4guess 33:6 48:17

49:2 75:7 103:4120:5,17 122:22127:5 152:3 156:3159:2 203:5,6,13248:13 258:7278:1,7 282:1283:22 287:3312:22 315:22318:6 325:16326:4 350:2351:19 361:11374:20 407:15417:2 472:11

guesstimation 23:4guidance 255:15,18

255:20,21 256:22guide 184:7guidelines 208:21

257:18 291:15,18Guitar 333:18gun 355:9,11guy 236:20 257:3

257:16,20 261:8264:5 273:2 282:9282:11,11 291:21294:18,18,19312:15 319:19

guys 188:15,19,22223:22 224:6,8

249:11 324:22331:4 343:17462:7

HH 298:3 359:4

364:14,21 376:8381:15 408:6413:4,19 425:15472:8 481:15

H's 376:12,13H(a) 365:17H(b) 365:17hairdresser 335:21half 12:1 87:20

91:15 114:9211:15 244:19245:17 251:14322:4 406:3

halfway 20:7,11hand 15:2 60:15

76:11 85:4 169:16175:10 227:10238:14 271:3295:19 297:8354:13,14 437:5

handed 245:5317:12 369:14

handful 252:3271:9,11 307:18

handing 484:3handle 62:21

164:13 300:3360:3,15 393:1

handled 370:18hands 3:15 199:7hanging 327:1

475:17happen 32:10

39:12 241:9 242:9286:20 290:7291:17 445:18

happened 79:989:14 209:22210:1 303:3477:21

happening 89:9140:2 378:9

happens 248:21,22283:8

happy 399:15400:2 431:10

hard 93:19 119:4131:16 135:22140:2,8,10 169:3252:2 264:10,12287:5 322:21323:21 377:6451:11

harder 138:10harms 468:4hate 480:3 481:18head 70:20 84:4,10

427:2 443:14Health 432:17hear 5:15 7:18 11:8

11:12 12:16,2213:15 18:12,1919:10 20:6,1321:4 22:21 24:224:14 25:22 46:646:22,22 49:3,1650:18 51:1,2,1852:1 55:9 56:2,656:14 58:8 72:18104:10 105:3116:17 118:12,14118:20 125:7137:2,3,4 139:9139:10,13 148:16148:17 155:19,19166:3,15,15168:16 177:4179:15 182:13,15183:4,6,8,16,17205:17,17 210:16215:4,4,6 220:21220:22 235:9246:10 250:4259:5,6 275:1,2295:7 309:8,9320:22 323:10


328:7,10 341:21344:10 345:14,22346:19 362:22364:8 369:2 379:7392:1 393:9,22395:19 399:1,6437:19,21 438:4439:21 441:15449:13,16 457:7458:6,7 459:17460:8,10,14,20463:7

heard 12:11 18:219:10 20:15 21:722:14 24:7,10,1224:19 36:1 44:1645:16 47:4 56:1557:16 58:21 116:8120:10 129:2136:8 139:4140:16 150:22151:2 166:18173:11 187:17192:13,17 253:9272:14 286:9,14311:12 320:5,17374:3 396:17398:17 440:22451:17 452:8458:2,16 461:21464:5 465:17

hearing 1:7,13 3:164:11 12:2 19:1620:8 23:2 100:6125:6 137:21148:19 153:18160:12,17 168:13174:21 180:21186:7 225:16228:14 235:22273:8 282:17286:20 287:4301:13 320:17322:14 323:18343:2 345:9397:11 447:20

450:8,21 457:19484:7

hearings 287:5hearsay 474:3,13

475:3heating 90:1heating/cooling

90:10heavily 258:12HECTOR 1:17height 26:19 39:5,7

39:10,14 48:453:7

Heist 20:20 21:547:4,11 51:17329:15 333:12

held 238:13,14helicopter 110:1help 13:21 32:15,16

36:19 43:15 73:779:18 153:8163:17 190:8258:22 291:19354:1 363:8 416:8

helped 25:13 71:6helpful 29:7 30:11

43:19 290:11296:8 316:8329:20 342:22346:10 366:5398:10 417:18419:22

helping 199:4258:21

Henning 85:2,3,885:11,14,14,1986:2,5,10,15 87:687:10,14 88:4,1389:1 90:15 91:791:12,20 92:2194:6,12,18 95:1295:22 96:5,1597:10 98:5,8 99:799:15 100:7,10101:7,11,17102:10 103:1,13

103:16,22 104:3,9104:15,18 105:17106:1,11,15 107:7108:4,12,18,20109:2,4,19 110:6110:12,15,18111:5,9,12,14,18111:21 112:3,8,16112:19 113:6,11113:16 114:13115:6,10,16,19116:2,10,12,19118:16,22 119:10120:6,8,15 121:5121:10,15 122:9122:14 123:1,5,12123:21 124:3,5,9125:3,13,17 126:7126:13,21 127:8127:14,20 128:10128:19 129:4,6130:1,8,16,21131:5,16,21 132:5132:18 133:2,5,8133:16,21 134:6,9134:15,17 135:1135:11,16,20,22136:17 137:12,15137:18 138:9140:20 141:2,5,8141:13,16,19142:1,4,12,17,21143:3,14 144:10144:15 145:5,9,14145:21 146:1,10147:5,8 148:9,13149:6,15,21 150:6150:14,18 151:2,9151:13,17 152:12153:5 154:3,7,13154:19 155:6,11155:15,21 156:1156:13 157:5158:4,10,18159:13,18 160:1160:19,22 161:11

161:17,20 162:7162:14,19 163:3,7164:2,15 165:1,4165:16 166:5,8,11167:4,7,15 168:3168:7,10,14169:10,15 170:7170:17,22 171:7171:19 172:1,13172:17 173:2,7,12173:16 174:6,8176:21 177:17216:2,10 218:3221:17 229:11,12249:15,22 260:4262:4 294:16

hertz 370:10hesitate 311:18,18

341:9hey 159:10 209:16

258:13 290:22291:20

Hi 49:10hi-tech 402:2,4high 56:5 124:21

125:1 152:4154:12 160:10165:10 170:14197:8 249:17336:14 434:19435:3

higher 56:6 84:1497:15 99:9,9,10100:2 111:8,9,10112:2 116:21125:10 139:15142:11 143:12144:12 148:2150:22,22 151:7,9151:14,22 152:2155:3 162:11164:2 170:4197:15,16 201:21233:22 234:6253:2 254:19267:18,21,22

270:1 289:15291:6 372:7397:20

highest 94:20highly 236:10

285:3highs 279:3hip 194:3hire 248:4 282:2,7

282:12historic 303:21

304:4history 299:18hit 94:9 221:11

313:16,18 352:20355:22

hits 442:9hitting 113:5 340:1hold 11:6,7 482:18

483:19holding 369:8holiday 341:16home 10:1 56:11,14

57:3 72:19 188:10309:13 310:20312:3 314:17318:15 321:8336:7 341:21343:14

homes 83:22 313:3honest 280:12

282:19,19honestly 84:9honking 89:16hooked 401:15hop 194:3hope 3:4hoped 192:9hopeful 290:17hopefully 43:14

226:16 318:2323:14 377:6417:19 419:22

hoping 241:4250:21 321:1363:5 449:8


474:21 481:19horn 89:16hostage 238:13hour 65:15 96:18

143:11 381:7hours 17:8,10 65:8

70:14 190:11194:21 232:5240:9 329:6 367:9

house 194:3 247:6332:4 333:19336:5 439:16462:3

How's 445:17huge 237:9 475:17human 129:1

137:20 213:22283:14 284:4285:16 306:13309:9 390:10

humans 155:19hundred 11:14Hundreds 10:1hunger 431:9hurry 305:8husband 179:13

187:15 441:1HVAC 90:1hypothetical 117:2

118:1 310:6hypotheticals

321:5Hz 124:16 125:4,5

125:8

Iidea 10:13 89:7

120:11 122:20135:4 157:12206:19 306:22307:6,8 404:14421:22

ideally 462:16identified 16:4,16

25:16 66:14 94:10130:13 339:5

identify 25:1362:11 64:5 88:9103:11 131:2133:13 136:1140:13,14,15227:18 327:4,6329:21 343:10

identifying 42:19343:5

ignorance 123:16ignore 188:22

411:21ignored 412:8ignoring 458:4,4image 408:18 410:3

410:5,8imagine 319:1

380:14imagined 437:3immediate 8:18

14:9 336:15immediately 38:17

38:19 40:1 199:8394:15

impact 143:18153:14,21 397:14421:19 455:11459:21 460:3,4462:22 463:10

importance 397:18important 56:20

232:17 326:17343:5 388:8 454:7

impossible 303:12454:16

inactive 2:22inappropriate 14:7incentive 319:17inches 347:7incident 191:16

225:15incidents 192:2include 8:2 17:3

38:13 65:3 90:9217:14

included 8:14

230:9 243:2includes 5:1 8:16

38:11 438:16including 17:3

215:3 242:1 355:7425:20 451:2458:12

Incorporated482:22

incorrect 376:8,11incorrectly 160:17increase 93:9 152:4

152:13 153:22154:11 156:10,22157:1,7 197:8287:22

increased 156:5423:16 454:20

increases 417:12increasing 94:10incredibly 394:22increment 173:20indicate 115:2

259:10indicated 63:15

162:17indicates 12:8

425:18 427:13individual 76:17

77:16,17 90:1098:14 99:2 128:22132:10 255:12,16256:20 257:1261:5 481:4

individual's 275:17individuals 77:7

474:1indulgence 17:15industrial 13:2

50:2infer 438:14 441:8

441:13inference 438:22

441:9inferred 440:1,3information 5:16

97:11 135:9136:20 174:17244:9 249:7280:21 363:22369:12 398:5407:12 469:17

informs 396:3initial 64:15 77:3

166:1 362:1initially 34:21 36:1

316:14 451:4initiated 33:13initiation 28:4innuendo 445:11input 261:20inside 10:8 11:13

12:11 56:10 57:387:17 88:16 89:2291:10 100:22101:2 102:12116:5 118:14119:12 122:11129:7,9,22 141:20150:5,12 157:18166:3,11,19177:10,16 183:18189:10 195:7205:18 275:1290:5 344:1367:18,20 372:7,8378:16 382:8408:19 452:10

inspect 112:9inspector 12:15

311:9 329:16inspector's 13:8

349:19installed 431:18,19installing 432:22instance 93:10

124:14 179:21322:2

instances 143:16346:6

instantaneous102:19 106:3

135:4 371:3instantaneously

98:15instructions 222:14instrument 94:16

94:17,21 95:2124:10 125:12,15369:5,9 373:2422:7

instruments 94:22insulated 318:22insulation 432:14integrated 198:4,8integrates 98:10integrating 94:19intelligent 169:8intend 249:4intended 127:12

319:13 365:6,8427:18 462:12

intent 256:15intention 323:1intercede 338:11interested 283:14

283:18 284:4371:3,4 397:10

interesting 293:19interfered 92:3interim 78:4interior 312:21

379:19,21 384:4384:15

interject 268:16international 194:4interpret 106:19

132:8 306:9interpretation

389:20interpreted 75:19interrupt 41:6interruption 30:8interrupts 16:11intersection 324:11interval 136:3

138:19,22 143:1intervals 142:14,20


intervening 168:17intriguing 277:9introduce 2:8,16

15:8 298:15,18378:12 394:2

invested 432:5,11investigate 180:3investigation 16:19

21:22 26:4 131:12investigative 17:4investigator 1:20

5:4 14:19,21 15:115:6,12,13,1618:18 21:19 22:422:7,9,10,18 23:423:7,13,18 24:624:15,18,22 25:625:11 26:3,10,1627:1,5,9,14,2028:1,7,18 30:1330:18 31:2,8,1131:16,19 32:6,832:13,19 33:1,1033:16,22 34:3,734:10,14,17,2235:8,11,17,2136:6,9,14,17 37:137:10,18,21 38:638:9 39:1,9,16,1940:4,10,21 41:141:20 42:17 43:144:14,19,22 45:545:10,12 46:3,946:13,18,21 47:347:12,16,20,2248:9,15,19 49:1449:22 50:4,6,1350:16,22 51:8,1151:20 52:3,6,1752:20 54:8 55:1155:22 56:8,1858:11,13 59:8,1259:17 60:3,5,8276:15

investigator's348:8

investigators 17:1417:16 21:20 31:444:13

invitation 378:22invite 58:8involve 80:8,13involved 27:8 77:4

81:13,16 228:3325:10 330:19

involving 166:1Irish 336:4Island 348:15issuance 378:11issue 130:12 232:18

293:5 297:1329:11 343:6456:18 483:21

issues 4:1 16:680:22 275:14314:8 317:11342:9 456:17468:18

Italian 332:12item 68:14 452:22

JJ 473:6,7,14,16,17

473:18 479:2J's 473:9JAMES 1:18January 307:12jazz 237:9Jefferson 3:12 8:17

11:22 12:11 16:116:13 19:22 20:320:4,6,12,17,2121:9 25:1,2,1428:14,16,17 29:1129:18 37:2,11,1440:16,17,19,1941:10,10,14 42:1543:10 44:1,145:21,22 47:7,1050:11,12 58:1664:1 71:12 74:577:2,7 81:10 87:1

88:12 114:12116:8 120:18121:9,9 127:16159:19 160:1,4161:1 162:2 166:2166:3 167:3 177:5184:2 228:22236:8 237:5298:21 303:20304:5 311:10313:4 327:10328:21 329:11331:21 332:3,5,7332:14,17 333:13334:3 336:6,19,22339:18 348:13352:1 378:17,22379:1,3,16 384:1384:3 385:8386:21 388:19391:8 393:18396:20 398:14447:2,5 453:18,18453:18 454:1,18455:11 460:13,20

Jeffersons 181:3Jenkins 296:15

297:6 375:2,13376:3

Jersey 309:15Jim 443:16job 264:18 284:3

482:11jockey 382:16,18joint 9:4Jones 31:20 32:4,5

32:10,14,22 33:333:11,17 34:2,5,834:11,16,19 35:235:9,12,18,2236:7,12,15,1837:9,15,19,2238:8,16 39:4,1139:18,21 40:5,840:11 75:7,8,9,2276:3,7,14,21 77:5

77:12 78:10,14,19125:20,21 126:10126:17 127:5,9,19128:4,14,20 129:5129:18 130:2,9,19130:22 131:15,20132:2,6 133:1,4,7133:12,20 134:5,8134:10,16,22135:5,15,18,21136:12 137:9,13137:16,19 140:12140:22 141:3,6,9141:15,18,22142:3,6,13,19,22143:5,15 144:13144:17 145:6,11145:15,22 146:2146:15 147:7,17148:11 149:4,14149:20,22 150:8150:16,19 151:4151:11,16 152:3153:3,6 154:6,9154:15 155:2,10155:14,18,22156:2,14 157:10158:6,11,19159:17,20 160:3160:21 161:5,15161:19 162:4,8,15162:20 163:4,8,12163:14,15 174:15174:16 195:4,5,12195:17,20,22196:6,11,14,18197:2,5,12,17198:1,4,7,13,21199:3,13,18 200:6200:8,11,13,19201:2,5,9,13,15201:17 202:11,17202:22 203:5,7,11203:14,16 204:2,7204:12,17 205:2,6205:10,13,20

206:1,8,11,14,18207:1,6,11,14,18208:1,7,10,13,18208:20 209:4,7,10209:13,20 210:3,8211:2,6,10 212:1212:15,19 213:1,6213:9,14,16 217:3231:1 252:10,13252:17,22 253:8253:14 254:1,5,20255:5,11,14,19256:2,5,9,13,15256:18 257:9,15257:19 258:2,10259:8,13,16,21260:6,10,13,16,22261:3,13 262:11262:16,19 263:1,3263:14,18 264:5264:14,20 265:4265:14,18 266:1,4266:7,17,20 267:3267:5,10,13,17,22268:4,17 269:12269:16,18,21270:5,10,16,21271:4,11,14,19,22273:15,19,22274:4,9,15,19275:4,9,13,20276:2,7,10,17,20276:21 287:15,16288:14,20 289:22290:10,12,16291:12 292:2,5353:20,21,22354:4 373:15,16373:22 374:9,12397:9,10,19,22398:6 402:21423:21 425:12,13426:2,7,14,17,22427:16,20 428:1,4428:6,11,15,19429:3,6,11,15,21


430:6 436:4,5,9436:12,20 483:10483:11

judge 398:22judgment 387:22

390:10judgments 133:9July 67:2 68:9

179:2 311:9 319:8341:16

jump 288:6jumped 473:9jumping 477:19June 66:3,8 307:13

KK 1:6 410:21 411:1

411:4,14,15 473:4473:9 475:20482:21

K's 473:12K-A-P-P-E-L

295:17 298:20kabob 335:20Kapella 295:16Kappel 11:19 63:21

80:9 177:13,15179:19 184:22187:8 192:10228:21 236:10237:4,13 295:14295:17,17 296:1,4296:9,13 298:11298:19,20 299:7299:10,13,16301:21 302:3316:11 320:2321:2,8 323:20325:7,15,19326:19 327:5,8,16327:20 330:2,11330:15 331:10,16331:19 332:2333:1,6 334:2335:2,5,14 336:10336:15 337:13,20

338:21 339:4,17339:22 340:7,12340:16,20 341:2342:22 343:11345:10 346:2,11346:16,21 347:2,6348:14,18 349:2,8349:17 350:1,19350:22 351:8,12351:18,22 352:4352:15,19 353:3,7353:12,16 385:8398:14 399:7446:6 458:16461:15 464:6,21

Kappel's 462:3keep 106:8 116:5

190:13 191:6202:7 210:5220:17 251:7,10291:5 306:6 309:3319:18 383:14387:1 392:8455:21 458:15,21

keeper 169:19429:10

keeping 96:22192:18

keeps 335:10458:19

kept 249:17 305:9319:7 477:19

Kevin 60:12 61:3304:16

key 381:12 458:22keys 289:18kilohertz 370:11kind 10:13 11:18

51:4 54:21 88:1989:18,21 92:697:18 103:4 105:6123:9 125:5126:22 129:8133:10 136:16152:20,21,22161:13 170:18

173:5,10 174:1181:11 232:6282:4 283:18284:1,18 285:5,15304:18 305:1,7312:18 313:20324:10,17 326:16338:2 344:13347:7 357:13364:5 381:12393:12 395:19396:3,8,8 397:8399:22 416:1432:2 439:17446:1 447:7 474:6477:2

kinds 98:11 123:22151:20 244:14396:9,10 457:7

King 443:16knew 71:4 168:15

211:19 322:9326:1 329:1 345:5453:16

know 9:12 15:1923:22 26:12 27:1230:21 32:18 41:743:13 44:9 46:1051:13 52:15 53:654:3,5,6,12 56:257:15,20 58:13,2070:13,17 74:11,1382:4 84:1,3,4,7,1186:20 87:22 88:2089:2,4,7,8,13,1589:15,17 90:9,1590:17,18,22 91:391:20 92:8,11,1793:6,11,15,1995:5,7,13,1596:10,15,16,19,2097:1,2,4,5,15,1797:20 98:9,1999:9,13,17 100:3100:17 101:12,13101:20 102:2,13

102:14,17 103:16104:21 105:6,10106:3,4,16,20107:9,10,12,14,14111:15,18,22112:8 114:14116:10,11 118:22119:16,19,20122:7,11,14,15123:6,10 124:22124:22 125:5126:3 127:1,17,20131:10,18 133:3133:22 134:20135:3 136:2,4,8136:19,19 137:6,7138:10,17 139:3,7139:13,16,19,22140:8,10,17 142:5143:3 148:18149:11,16 151:15151:17,22 152:15159:14 161:2166:7,14,20,22167:2,4,7,10,17167:18 168:6,8,16168:19,22 169:1,3169:10 170:15171:9,10 172:2,4173:8,9,12,17,17173:19,21,22174:1 181:3182:13,15 186:21188:4,19 189:13189:18 190:1196:17 202:12203:1,8,8 206:5206:19 211:11219:8 220:22223:12,19 224:10225:12 229:1233:4,7,13 234:11235:12 236:16237:12,14 238:4,7239:16 240:4,6243:22 245:13

247:8 248:10,14248:20,21,22249:11,11 251:1,2251:3,8,13,20257:13 259:10,13259:21 260:6,8,11260:22 261:4,7263:15 264:14265:2,3,4 268:19269:5,12,14,15270:11 272:9,13272:14,16 273:1277:9,14,14,15,16277:19 278:9280:3,4,5,8,13282:17,20 283:5283:15,20 284:22285:3,9 286:16,21288:9,17 289:8290:5 291:4 292:9292:17 294:5,9297:1 300:12303:9 304:4,9305:10,13,20306:8 308:7,11309:12,21 310:1,7310:13,20,21311:1,3,8,17,20312:1 313:15314:15,18 315:4315:10,18,21,21317:5,12,20318:13,14 320:10320:13 321:11,14322:12,22 323:7,9323:10,14,20,22324:20 325:1,9,15326:2,15,20327:22 328:11,19329:5,19 330:6,12335:19 337:9,12337:21,21,22338:6,14,17 339:6339:6 340:10,13341:7,15,17,18,20343:22 344:7


345:12,16,16346:3 347:6,13,16352:11 355:17356:17,17 359:6360:20 363:4,6,7366:3 368:13,14369:4 372:3 375:5375:7 380:1,17382:16 383:4384:19 389:14390:6,9 392:8,9395:3 396:11397:3,5,7,18399:2 400:11404:16 406:4410:12 412:13416:6,15 424:9425:1 434:2441:16,18 443:10443:11 444:1445:7 446:2448:14 452:19,21453:7 456:1 457:9458:20,21 459:17460:16 461:6,8,11462:7,14 464:1465:2,18 468:18470:10 479:12480:2 482:8

knowing 9:1074:12 138:19

knowledge 47:1547:17 66:20129:19 231:20263:10 323:17374:5 390:2419:15

known 6:22 294:4325:4,6

knows 42:2 360:15Koniglio 462:20

LL 175:20 407:16,18

408:4 465:9,12,13475:19,20,20

label 64:7 416:10465:2

labeled 58:17 62:564:11 411:10,14465:2 472:10477:15

lack 251:18 447:6457:20

ladder 52:12 110:1lady 189:5lame 88:6laminated 432:12

432:13lane 324:11language 57:4

128:15 310:14464:7

laptop 216:5 217:8217:8 231:12260:20 261:6,9,17262:6,6,10,13,20263:5,6,8,17,19263:21,22 264:6,7276:22 277:4,22401:16

laptops 262:17277:17

large 43:6 237:10355:9,10 370:2

larger 144:2 152:9lastly 66:17late 32:3,5 145:16

182:14 237:18345:3 355:20412:16

lately 346:5law 70:10 72:9

109:14,16,18112:12 113:14222:9,11 239:19244:3,17 278:9310:8,9,10,13314:20,21 316:3363:2,9 372:20458:4,9,10,13459:10 461:2,3,3

462:13,15,17,19482:3

lawyer 248:4 480:3laymen 38:10layout 396:1lead 26:4 353:11leadership 284:13

448:18learn 182:7leave 3:14 6:6

300:16 338:14400:10 417:18424:4 449:6470:16 471:9476:18

leaves 291:21leaving 338:10leeway 241:4left 18:9 35:13

36:10 37:14 84:12199:7 332:1,2371:10 386:4390:7,8 423:22424:2 436:11439:16 482:12

legal 70:9 222:6326:21 356:7484:3

lend 356:19length 347:22lengthy 361:11lesson 182:8let's 3:22 6:11 11:1

20:4 40:12 42:11116:22 117:11118:18 125:22128:1 136:13147:11 169:12193:17 203:12214:22 224:19225:9 245:12246:16 278:13291:19 307:10310:12,13 334:4336:18 347:9359:6 366:7,18

374:19 383:19396:21 401:9,10402:5 404:18,22410:21 419:1435:7 457:16466:17 480:3

letter 42:17,18,2142:21 57:21113:14 234:15,16296:12 298:10,13299:8,14,16,21300:13,15 301:9302:5 316:12321:21 365:7464:20 470:2,5,7470:15,17 471:13481:3

lettering 407:15letters 13:20

407:22 437:22473:19 474:5476:21 478:13,15479:2 480:15

letting 137:7level 13:22 27:4

28:3 52:18 54:1856:3,4,7 57:6,1057:15 70:12 75:1279:15 81:3,1283:20 84:1,11,1486:11,11 87:11,1589:10,11,19 90:490:8,22 91:17,2192:14,15,16,18,2293:1,4,8,9,16,1993:20 94:2,8,1994:20 95:7 96:1796:21 97:1,598:14 99:9,10,1099:16 100:2,3101:1 102:6,8,13102:22 103:3,5,7103:8,17 104:10104:21 105:2,10106:4,8,9 107:11107:12,22 108:3

109:12 111:1,2115:3 116:7 117:5117:8 124:6,13127:2,3,18,21128:7,12,12,13,22129:14,15,21130:14,17,18,20130:20 131:1,2,4131:22 132:3,20133:17,18,19134:3 135:2,4,12136:11 137:6,8139:6 142:18144:11,16 147:9147:14 148:1,10149:9 150:22151:14,22 152:4,6154:22 155:13,16156:7,12 157:2,7157:8,20 159:14160:6,14,14161:14 164:3,4,6164:18,19 165:5,7165:7,9,10,12,18165:19 166:7167:10 170:4,13171:15,17 172:2172:21 173:9187:20 188:5190:14,15 199:5199:21 200:1,3,9200:9,10 201:20201:20 202:4,8203:17 210:11211:10 214:3216:10,12 221:11221:13,16 222:20222:21 223:2,5,10223:10 232:10250:17 253:2,6,12253:15 260:14263:4 265:9,19268:2,2,12,13277:2,7,10,12,20278:19 282:13304:2,5 312:13


313:14 314:21,22334:10,11,11,18344:12,15 345:15357:16 371:5,19374:4 393:9 427:6432:20 445:14451:13

levels 13:13 64:1273:11,13 74:780:16 89:8 91:1491:22 92:1,493:22 98:21102:19 105:12112:13 114:21115:2,7 117:21118:17,21 119:6119:21 123:3,19126:15 127:15129:7,9 135:13136:10 141:14,17146:14 148:22149:3,10,13,17,18149:18 151:5155:7 161:2 173:8176:19 177:2198:16 223:7233:2,5,7,13,15249:10,18 254:2,3254:8,10,14,17,19255:7 260:21261:5 262:7267:18 270:1281:21 283:4305:18 307:1316:2,8 319:12371:13,16 394:18396:9 434:19435:3 447:18455:22

liaison 62:18license 1:8 2:7 14:8

235:19 241:21248:3 251:6302:20 316:1325:21 328:16335:16 350:4

445:12 455:18457:1 462:5,11464:3

licensed 2:21 221:9331:7 336:12362:20 455:4

licensee 2:11 58:5174:17 245:2319:14 354:6436:7 455:17

Licensee's 69:7227:19

licensees 14:13398:2

licenses 318:1333:11 349:18

licensing 443:21456:16

lies 264:17life 53:13 132:7

163:20 164:1,7,12341:20 356:13,14372:21 447:1,1455:1 456:17

light 451:10lights 379:6liked 245:11likes 272:17limbo 350:2limit 70:13 108:8,9

189:10 197:6,11199:4 204:3231:21 241:12263:12 264:9,10264:11,11,13288:1 293:15442:3

limitation 469:16limitations 374:17limited 6:15 77:6

79:11 266:6,15,21364:15 381:17434:2

limiter 196:19,20197:12,17,19198:1,8 216:19

231:4 263:11265:1 267:7 269:4289:7 451:18

limiting 217:15231:7 268:7

limits 263:11266:19

line 48:13 52:1573:22 107:5131:18 163:22166:21 167:17,21169:1 231:1 236:1236:22 238:2251:7 293:18393:20 398:21

link 404:8 408:19linked 450:7links 393:6 411:22

412:6liquor 62:22 456:16

457:1list 236:12,20

239:17 240:5241:13 242:3,11243:5 244:15294:1 361:15

listed 17:22 44:9listen 11:17 56:3,11

275:8 312:6listening 52:9

238:14literally 336:9

341:21 398:19448:8

literature 362:8,9369:21

little 36:19 37:1237:13 39:2 96:18102:4,5 119:4123:13 148:2160:9,15 166:18185:6,19 202:7,7209:17 226:13288:17 291:6302:4 306:11312:21 316:4

317:9 326:5329:15 348:1366:3 380:2400:21 405:21410:2 412:17465:18 474:22

livable 441:22live 10:2 76:19

173:18 219:3,11219:12,13,21,22220:7,10 284:3286:10 320:19337:21 339:1437:16 451:22

liveable 447:13lived 76:18 302:10

342:12,14living 308:18,19

309:1 344:10LLC 226:1load 174:10local 294:7located 2:6 12:1

19:5 20:2,14,2024:21 25:14 36:2140:18 47:6 48:22227:22 337:1343:12 357:22

location 22:17 30:437:20 41:17 96:196:9 106:21108:10 113:7116:8 117:17118:20 150:4157:9 158:1162:21 163:1256:11 275:17276:16 400:22

locations 88:7,1091:18,22 101:3103:20 119:15121:21 123:4160:20 392:16393:3 400:18421:1

lock 458:22

locked 249:22250:13 458:21

lodged 31:13log 49:12 186:4,16

191:17 225:15logged 45:8 187:1

308:4logging 97:18,20logical 96:1long 14:9 34:13,14

85:17 176:5193:11,12 226:17284:8,13 325:6330:13,20 345:18361:9 368:19443:12 449:3450:20 461:17463:22

longer 73:13 220:9376:12 413:3424:15

look 18:3 21:1 37:238:18 56:21 95:5111:19 140:9143:4 151:10,11155:7,16 225:15241:3 280:3317:16 325:21363:15 376:19391:4 395:7399:17 400:20411:22 417:2

looked 119:15302:15 357:4,14386:21 391:1470:12

looking 32:11 33:833:18 35:4,440:12 44:8 45:248:3 106:4 119:13130:9 134:11135:2 138:18142:7 153:10181:1 204:5 309:2320:7 332:8 334:1356:9 370:1 378:8


379:3,15 384:8403:22 405:8406:6,9 413:17427:3 448:6,10

looks 106:5 145:11158:14 330:5398:16 404:6416:7 466:18

loop 86:17 102:9211:12

looped 102:11lose 456:22losing 248:3 351:19loss 169:20lot 23:22 24:3

50:14 80:9,13101:18 128:15131:9,19 136:19151:18,21 192:4192:16 194:13220:5 246:7 302:9305:1 307:20308:1 309:13312:7 314:17323:4 328:12337:10 341:7346:1 355:19379:7 400:2434:12 437:21442:12 447:21459:2 463:6

lots 192:8 380:14392:9,21

loud 11:13 13:216:9 50:2,5 53:1696:14 97:5 103:4108:8 115:11123:10 140:18163:21 171:22172:5 173:9 174:2179:18 181:21,22183:17 187:21188:1,2,18,18189:7,13 190:4,8190:20,22 191:4202:2 204:1

210:10,20 211:19211:20 220:18223:17,18 251:9317:18 318:16322:7 328:8 342:3345:15 346:7357:12 438:14458:8 459:14,18

louder 52:21 53:153:15 54:7,12111:17 164:5,6,11170:16 173:11,15177:4 183:3189:15 202:6224:7 309:11328:6 344:18

loudest 143:22144:4,8 394:17

loudness 173:20loudspeaker 86:21lounge 1:6 2:6

15:20 16:9,2117:2,7,17 19:521:5,13 24:8 47:147:19 86:11,2287:15 103:6,10,13108:6 127:18159:14 167:22170:19 183:3,7188:17 214:15226:2 227:22302:19 330:1,3334:16 339:7367:17 385:9386:2,3 390:1,4,7416:7 417:11439:1,12,14,16440:13 441:3,4442:7,19 483:1

Lounge's 388:13lounges 7:1love 239:16 240:6low 148:14,18

149:19 151:14,19151:21 152:1154:22 155:12

171:17,20 181:12196:16 212:4250:3 372:22421:19

lower 12:9 25:139:2,8,15 50:984:14 107:4108:15 116:7144:19 146:5147:13,14 149:19150:21 151:3,6,7151:8,10 154:14154:15 155:1,3167:18 177:6,6185:18 211:21255:8 259:20260:3,12 269:13269:16,18 277:6397:20 445:14

lowered 250:14lowering 80:14

164:1,6lowest 277:10

370:18 417:7434:16

lows 124:21 148:21lumber 122:16luxury 227:1,5

463:1lying 323:4lyrics 19:13 51:2

MM 1:7 2:6 18:7 33:4

33:7 34:6,20,2135:4 46:8,17 48:550:12 176:12227:22 304:1313:18 336:20,22338:4 348:12351:9,11,20352:14 385:7,8407:17,18 448:7448:20

ma'am 436:12machine 265:7,7

368:20machinery 189:12mail 234:16maintain 186:3major 7:13majority 7:15

390:11makeup 17:1making 83:12

272:1,2 303:13322:20 333:2358:19 387:22389:19 426:11440:2

MALE 246:6355:10 366:10368:16 385:17391:16 400:17401:1 402:1,9403:13,16 405:2,5411:11 423:20436:6 444:22457:2

management 318:4manager 174:11

176:4 185:11197:22 209:3,16274:6 275:16276:9,11,14286:10

manager's 286:21287:8

managers 25:13207:21 265:11341:8

manipulated171:16

manufacturer370:7

map 33:19 42:5347:20 356:18378:9 448:7,10449:22

maps 32:21 472:14March 1:11 17:19

226:3 247:1

299:17 319:8322:5 323:8377:18 378:14384:8,12 393:13425:19 427:11428:20 460:12

marked 25:1563:14 65:18,2168:12 72:15408:13 413:17

marketplace 284:2marks 461:8marshal 316:13Martha 297:5Martini 1:6 2:5

15:20 16:9,2017:1,6,17 21:6,13227:22 356:2424:11,17,19435:12 460:7482:22

Mary 18:7masking 152:18Massachusetts 3:2

58:22massive 438:15matter 1:5 3:8 24:3

69:14 99:1 129:16134:19,21 159:19171:8 225:17266:16 370:20,22450:16 484:8

matters 4:1 62:1962:22 66:15 397:4

max 265:22 266:3268:6,10

maxed 106:10278:21

maximize 403:11maximum 96:17

115:3,7 135:13136:6,15 137:10138:11,20 139:1,3140:1,11 141:8,10141:12,21 142:1204:8,12 351:2


maximums 135:3136:1,4

Mayor 471:14Mayor's 470:6,8Mayoral 471:21mean 6:5 45:21

71:22 79:1,2180:1 89:1 95:2296:5 97:16 99:15104:18 114:11116:19 119:1,1,10119:13 122:3123:18 128:2132:7 133:5136:18 137:2138:9 139:18144:10 152:12154:3,21 163:20163:21 166:8167:8,10 168:14168:15,16 172:1,4173:7 175:1191:18 195:10,12223:20 235:12239:19 250:4251:3 264:16272:5 277:19279:13 281:7,22282:5,16,21 283:9284:22 289:18,20292:20 294:17304:20 309:8310:2 311:8315:12,17 316:11318:9,10,19,20319:8,11,16 320:3324:20 325:4326:7 328:6 329:5337:17,20 341:7342:8 343:4,9,20344:1,4 347:2,19347:21 351:9352:7 353:20,21365:7 367:17368:6,13,18,21369:2 371:9

374:14 395:11397:5 416:11420:3 422:12442:16 446:17,22447:9,18 456:1458:14 475:9,21479:18 480:3

meaning 46:19119:8,11 137:21142:17 417:11

meaningful 136:9means 93:15

132:17 134:2249:12 253:19256:8 313:9 372:2458:14,16

measurable 323:13measure 52:5 89:8

89:11,20 93:198:22 106:20108:5 110:8,9,10119:22 123:10128:18 129:11134:1 147:12165:4,11,13172:11,21 188:20205:11,14,21221:4 223:21,22255:2 260:5 261:7261:15,20,22263:4,12 267:14282:13 310:7347:8 357:10425:14 426:19460:3

measured 13:1086:12,16,22 87:1787:17,19,21 88:1588:15 90:4 92:9100:19,22 102:12102:17 103:17,18104:4 106:2 108:6110:12 122:11124:10 126:9127:4 129:7,13137:10 146:4

153:15 156:12158:1,12,12,13160:15 161:1,3162:11,12,16163:1 173:8,15232:11 367:18426:16 456:21

measurement12:19 33:14 52:752:8 64:11,1875:13 94:17 114:7114:17 118:19129:10 136:3,7139:1,8,17 140:21140:22 150:1,3,5157:15,17 158:7164:16 165:17177:7 188:16190:3 200:16,20203:22 222:17224:6,7 232:8394:11 422:7424:11,15,17428:7,17,20 429:4430:19

measurements63:10 81:1 86:1,887:4 88:7,1190:21 95:10,2096:9 98:7 100:5107:9 109:17113:18 115:1117:16 120:6122:21 123:17,22126:14 130:3137:22 142:7,18145:9 146:11147:10 150:8,13158:2 161:21162:1,5,10 163:6169:16 176:16203:3 206:3 255:9258:4,6 356:22359:1 374:13,14388:6,10,13,16399:20 414:6

429:17 430:20431:5,7 452:9468:17

measures 67:2277:20 134:13,17155:20 249:2259:9 447:18

measuring 101:2101:19 104:20109:10 119:12,14121:12 136:10137:14 139:10143:16 146:20161:10 171:10177:8,9 204:18221:5 255:3,4

mechanical 89:5151:20 166:16395:20

mechanicals 88:20233:19 234:4

mechanism 73:5150:9 153:21179:22 196:20198:14

mechanisms 8:16451:6 452:16

mediation 272:18mediator 273:10meet 9:8 106:16

444:1meeting 1:3 235:22

245:6 304:15482:19 483:19

meetings 272:10445:7 457:21482:17 483:2,20

meets 29:20 46:1129:12

member 1:16,16,171:17,18 3:19 4:4,95:11,13,20 6:4,109:15 10:15,2011:1,6 14:17 15:715:14 18:16 22:222:5,8,12 23:3,9

23:10,12,19 24:1324:16,20 25:4,825:20 26:8,12,2026:22 27:6,10,1627:21 28:6,9,2129:4,8,11,15,1729:21 30:5,9,1230:19 31:6,9,1431:17,20,21 32:232:3,5,10,14,2032:22 33:3,11,1734:2,5,8,11,16,1935:2,9,12,18,2236:7,12,15,1837:9,15,19,2238:3,8,16 39:4,1139:18,21 40:5,740:11 41:5 42:743:3,18 44:5 49:649:8 53:3,8,17,2254:4,19 55:3,1555:18,20,21,2256:12 58:3,1259:3,5,7,15,18,1960:2,6,9,14,2061:16,22 62:5,867:6,10,15,1968:2,10 69:6 70:275:1,4,7,8,9,2276:3,7,14,21 77:577:12 78:10,14,1978:21 79:6,1880:3,6,18 81:3,681:13 82:3,9,1582:20 83:18 84:1884:21 85:3,992:19 107:20113:20 114:2,6117:10,18 118:4,7120:3,9 121:1,6121:14,18,21122:1,13,19 123:2123:11,15 124:2,4124:8 125:2,11,14125:18,21 126:10126:17 127:5,9,19


128:4,14,20 129:5129:18 130:2,9,19130:22 131:15,20132:2,6 133:1,4,7133:12,20 134:5,8134:10,16,22135:5,15,18,21136:12 137:9,13137:16,19 140:12140:22 141:3,6,9141:15,18,22142:3,6,13,19,22143:5,15 144:13144:17 145:6,11145:15,22 146:2146:15 147:7,17147:20 148:11149:4,14,20,22150:8,16,19 151:4151:11,16 152:3153:3,6 154:6,9154:15 155:2,10155:14,18,22156:2,14 157:10158:6,11,19159:17,20 160:3160:21 161:5,15161:19 162:4,8,15162:20 163:4,8,11163:13,15,16164:8,21 165:2,15165:22 166:6,9167:2,5,12 168:1168:5,8,11 169:5169:12,14 172:8174:5,13,16,22175:6,9,15 186:1186:12 187:19191:13,22 192:7192:22 193:4,8,17193:20,22 194:5,9194:17,20 195:3,4195:5,12,17,20,22196:6,11,14,18197:2,5,12,17198:1,4,7,13,21

199:3,13,18 200:6200:8,11,13,19201:2,5,9,13,15201:17 202:11,17202:22 203:5,7,11203:14,16 204:2,7204:12,17 205:2,6205:10,13,20206:1,8,11,14,18207:1,6,11,14,18208:1,7,10,13,18208:20 209:4,7,10209:13,20 210:3,8211:2,6,10 212:1212:15,19 213:1,6213:9,14,16,18,19214:6,10,17,21215:2,7,11,14,17215:20 218:15,17218:20,22 219:1,5219:8,12,14,15,19224:14,19 225:1,4225:9,12,19 226:9226:21 227:4,9,15239:6 240:13,15240:18,22 241:3241:10,11 242:13242:17,20 243:12244:5,18,22 245:8245:12 246:4,8,13252:7,10,12,13,15252:17,22 253:8253:14,19 254:1,5254:20 255:5,11255:14,19 256:2,5256:9,13,15,18257:9,15,19 258:2258:10 259:8,13259:16,21 260:6260:10,13,16,22261:3,13 262:11262:16,19 263:1,3263:14,18 264:5264:14,20 265:4265:14,18 266:1,4266:7,17,20 267:3

267:5,10,13,17,22268:4,16,17,18269:1,3,10,12,16269:18,21 270:5270:10,16,21271:4,11,14,19,22273:15,19,22274:4,9,15,19275:4,9,13,20276:2,7,10,17,19277:8,14 278:3,6278:12,18 279:1,6279:8,12,19 280:1280:7,16,18 281:3281:5,9,14,18282:2,6,10,18,22283:11,13 284:12284:17 285:4,14285:20 286:5,7,8286:12,18 287:7287:13,15,16288:14,20 289:11289:22 290:8,12290:16 291:12292:2,5,6 293:12293:15 294:22295:3,7,11,15,18296:2,6,20 297:4297:10,12,15,22298:7,14 299:6300:2,7,16,20301:4,10,14,19319:21 327:3330:14,18 331:12331:14,18,22332:21 333:4,22334:22 335:3,13336:8,11 337:3,18338:20 339:2,15339:20 340:6,8,13340:18,22 342:19342:21 345:8,22346:9,12 348:3,19349:7,12,21 350:5350:9,12,15,20351:5,10,15,21

352:2,6,8,10,13352:17,22 353:4,8353:10,14,22354:2,4,7,12,19359:8,12,20 360:2360:8 361:14,18362:2 363:10,13363:16,18 364:18364:22 365:3,9,12365:16,22 366:7366:12,14,18368:11,17 371:6371:11,15,22372:6,10,14,17373:3,7,16,20,22374:1,9,11 375:2375:6,12,19 376:2377:9,11 380:8,13380:16,19 381:5,9381:18,22 382:4,7383:13,16,18386:22 387:4,7,10387:13 390:18,21391:20 392:2,6394:4,7 395:4,9396:21 397:2,10397:15,19,21,22398:3,6,8 399:11400:4,7,19 401:3401:9,14,19402:11,13,16,19402:21,22 403:3,7403:9,15,17,19404:12,16,22405:9,18,22 406:4406:7,10,14,16,21407:3,9,13 408:3408:10,14,21409:3,6,8,11,14409:17,20,22410:4,14,19 411:6411:9,13,16,20412:5,11,14,20,22413:5,9,11 417:8417:22 418:3,10418:16,22 419:4,8

419:12,14,19,21421:3,8,12 423:21424:1,6,14,21425:2,11,13 426:2426:7,14,17,22427:16,20 428:1,4428:6,11,15,19429:3,6,9,11,15429:21 430:1,4,6433:21 434:4,6,8434:11 435:1,9,16435:18 436:3,5,7436:9,10,12,13,15436:18,20 437:4437:10 438:19440:19 443:2,5444:17,20 445:1,3445:9,17 446:13447:14 448:4449:2,4,9 450:10450:13 457:3464:9,14,19 465:1465:6,11,14,22466:4,8,12,15,20467:2,6,9,13,16468:2,6,13,20469:3,10,16 470:7470:14,21 471:2,5471:8,18,22 472:7472:13,19,22473:3,12,16,20474:16,20 475:1,6475:10,19 476:3,6476:9,14,17,21477:6,13 478:2,6478:10,16,19479:3,6,9,18480:12,18,21481:3,8,14,21482:7,14 483:4,5483:7,8,9,10,11483:12,13,14,15483:16 484:4

members 27:1 43:943:11 59:21 61:975:6 77:14 82:16


120:4 125:20215:21 226:22346:13 364:3373:14 478:5

memory 391:10,13412:10

mention 5:3 448:5mentioned 78:9

157:1 210:9 219:1239:8 314:1329:16 346:17

mercy 169:19merely 3:3meritorious 6:16message 321:10messages 307:21met 1:12 176:21

189:4,8 243:4303:5 325:7

meter 10:8 94:1994:20 95:14,16,1795:20 97:12,13,1998:12,20 99:11,13106:4,18 110:19112:15,20,20,21113:15 115:20136:21,21 137:1,4140:9 170:12171:12 204:9,13294:7 355:14,16360:16,16 362:4363:1 370:7 371:8378:1 379:10382:12 383:5,8393:15 404:9431:21

meters 97:8 356:20method 132:19

267:14MIA 334:6Miami 459:2mic 182:1 296:7Michael 1:17 2:10

257:2,13microphone 137:7

174:3 331:15

355:12 375:11376:20 377:1386:6 391:17392:11 394:21402:8 403:12404:20 413:14

mid 148:19 155:16middle 125:6

143:11 157:18158:1 161:7,8,16214:7 215:5334:11 395:1

midnight 215:8416:4

Mids 279:2Midtown 326:19

327:5,7,8,13,14339:10,12 346:20348:10,22 424:11424:17,22 435:11442:7 460:7

Midtown's 348:20Mighty 335:20

338:9Miller 1:14,15 2:3

2:15 3:6million 241:16

454:5mind 74:13 96:22

445:21 474:15mindful 243:19mine 213:21 312:12mingling 393:21minimal 233:14,14minimize 196:8

403:7minimum 313:10Minnesota 433:18minute 86:17,19

139:10,12 141:20184:11 193:10199:6 225:10368:3 424:8 435:7

minutes 4:22 6:129:16 102:11 140:7174:17,18 181:8

183:15 189:6225:8,11 233:8345:6 354:5,6378:5 423:22424:2,3 430:6436:5,9,11 450:17477:9 479:15

missed 67:16429:18

missing 82:4 465:4mistake 182:10

237:12Mister 374:10misunderstanding

253:11mitigate 73:1,8

74:2 80:22 274:5mitigating 82:10mitigation 459:7mixed 13:16 306:11mixer 279:7,8mixing 117:4mixture 328:12mode 246:3model 280:13 355:8moment 31:21

60:12 61:8 171:5172:19 298:3373:12 383:22

momentary 99:9100:3

Monday 194:11,14money 238:8 454:4

463:6monitor 51:6 73:7

98:14 199:16455:21

monitored 17:1417:17 199:12321:22

monitoring 21:1021:12,15,20 30:1656:19

monitorings 17:22monitors 401:18month 194:16

months 65:5 78:11281:11,19 356:20360:19

Moosally 470:2,17Moosally's 315:5morning 144:21

183:15 296:10312:5 322:10341:13,14 378:15415:22 416:4457:18

motion 483:17move 55:4 69:5

241:7 243:14309:1,10 323:12447:11,11 450:17467:14 472:7482:18

moved 65:20176:10 314:14443:8

moves 324:1441:18

moving 447:11MPD 320:13,13

456:12multiple 456:11multiples 143:1Murphy 471:13music 6:18 7:19

10:4 12:17 13:3,516:9 18:2,12,1918:21 19:11,12,1620:9,13,15,18,1920:20 21:4,6 23:224:9,12,14,1826:5 44:16 45:1746:6 49:3,1650:19 51:2,16,1854:14 56:11 86:1786:19 87:5,18,1987:21 88:5,8 89:889:21 90:14 91:1691:18 92:1,4,6,10102:12,22 103:5104:11,19 105:3

112:13 114:21115:2,11 118:13129:14 130:17,20131:1 132:13134:1,2 141:17146:13,16 147:13153:13,20 156:6157:3 161:9166:17,18,19168:13 173:22177:3 179:11,14179:18,20 180:18180:22 181:2,5,9181:22 182:13,15183:3,4,7,9,16,17184:10,10 185:13185:17 187:13,16187:21 188:1,9,17188:18,20 189:6189:16,18 190:13190:20 191:1,2,3194:1,13 199:17202:2,4,6 203:21204:1 205:17209:3 210:6,6,10210:15,16,17,20215:1,10,13216:10,12 220:18220:21 221:13,15221:17 223:17,18224:7 233:20234:5 247:11,15249:13,20 250:5262:22 263:21264:4 265:8 266:8266:12,13,15274:8 275:1,3315:12 320:22322:14 324:16328:11,17 338:18343:18,21 345:15346:7,19 379:7389:11,22 396:8397:4,11,13,18399:9 415:6,14420:3,4,9 422:3


434:17 438:10439:2 445:15449:13,16 452:11460:15

music's 266:21312:16

mystery 461:9

NN 58:22 414:9

462:21N-E-L-S-O-N

355:3N-I-C-H-O-L-S

437:16N.W 1:13 2:6 19:22

25:2 33:5,7 34:658:22,22

nail 292:11name 2:13,18 15:13

25:17 37:7 61:185:12 175:18227:18,20 236:17298:16,18 354:22437:13

named 235:10334:9

names 90:16335:10

Nando's 335:1,4,6narrow 34:8nature 87:11

153:19 156:9157:3 274:1 345:9397:4,11,13

nauseating 345:11near 100:11 102:3

114:18 385:12nearby 42:6 52:13

52:14 453:20nearly 156:17necessarily 128:21necessary 6:9,11

183:11 254:7300:13 473:2

need 4:2 5:17 32:16

80:21 86:4 193:2209:16 217:7,8226:6 238:9252:14 257:3291:1 298:9304:20 363:21364:1 365:21366:11 368:13,14369:20 370:4,5,16392:9 401:12445:12 461:4462:14,17 479:12

needed 130:14480:16

needle 95:6 98:17needs 9:8,9 133:13

133:16 375:9470:11

negative 163:17421:18 422:14,18455:8

negotiate 12:4 71:6238:4

negotiated 244:15318:12

negotiating 71:884:12 228:21307:22

negotiation 62:1463:12 243:8 299:4324:19

negotiations 228:3243:18 245:3435:13

neighbor 181:1184:14 210:18212:7 213:1272:10 458:17,19

neighbor's 275:3neighborhood 61:5

192:21 235:20236:18 251:14272:5 273:13284:19 326:3392:15 474:8

neighborhood's

248:15neighborly 237:1neighbors 79:13

177:5 180:21191:10 202:3220:13,19 228:17236:2,8 239:1251:2 273:12285:2 306:15309:22 317:17321:11 335:18458:20

neither 480:10Nelson 10:6 100:13

354:11,18,21355:2 359:18361:21 362:8365:2,5 366:21367:2 368:4369:14 370:15371:7,11,14,18372:4,8,11,16,19373:4 377:21378:14,21 379:20382:10,15,21383:3,10 384:2,13384:21 385:3,6,18386:3,10,15,18387:21 388:4,11388:14,20,22389:12,16,19390:3,15 391:1,5391:9,14,18,21,22392:3,3,3,4,6,7,12392:18 405:15406:1,2,6,9,12,15406:19 407:2,19408:1 412:19413:16,22 414:4414:13 415:4,9,15415:21 416:5,13416:17 417:14,15417:20 418:2,5,14419:5,7,10,13,18419:20 420:6,11420:14,19 421:14

421:14,20 422:16422:20 423:1,9,14423:18 424:8,13424:20 425:1,5,8425:22 426:3,10426:15,21 427:15427:17,22 428:3,5428:8,13,18 429:2429:5,7,14,20430:10,13,16,21431:2,4,11,14,21433:1,6 434:12,21435:4,10,20438:22 441:2,16468:8 469:13476:5,12 478:9480:7

Nelson's 13:7 477:4478:10 480:5

network 148:21never 3:2 27:6 32:6

45:8 53:7 181:22185:20 191:3212:18 213:11233:2 239:14249:22 290:7292:15,18,19293:1 297:2310:17 320:9325:20 326:1,11335:16 417:5423:3 433:9 450:4450:7

nevertheless 12:22new 51:4 79:9

221:12 237:10254:18 282:11,13302:5 304:13305:4 309:15317:20 324:12326:14,20 333:20339:9 423:12451:17 452:17459:1 462:21

news 236:15nice 109:7

Nichols 13:14236:3 325:5,12432:1 437:2,5,9437:15,15,21439:3,8,11,15440:1,5,11,15,17441:6,12 442:12442:20 443:1,10443:16,20 444:2,6444:9,12 445:5,14445:19 447:3,17448:17 449:5,8,22450:11,12,14470:12,13 477:3,5477:6 479:8 480:6480:8

NICK 1:16night 10:5 143:13

172:10,16,22182:14 214:18,22247:9 304:20,22314:16 321:15,20322:19 326:10341:20 343:18344:22 355:21356:3,13,14,14,15357:6 358:8370:10 393:13413:20 415:13420:3,9 438:5,9442:14 450:12

nightclub 173:22174:2

nightclubs 173:4173:16

nightlife 337:11nightmare 333:17nights 194:6 329:7

358:16 367:11441:13

nine 358:15,16414:19,21,22

nobody's 96:5113:11 308:8

noise 6:17,18 7:138:8,20 9:2,5 10:7


10:13 11:11,18,2112:11,22 13:15,1614:3 20:8 21:1222:14 26:15 28:330:14,21,22 45:945:16 50:14 56:456:14 58:21 59:1459:16 68:15 70:470:14 71:18 72:273:1,11,13 74:774:16,19 75:1378:2 80:16 83:1187:4 89:3,4,10,1191:17 92:2,3,1292:14 93:4,8,1494:5 95:13 99:3104:10,12 106:17107:6 110:5117:21 119:21124:19 129:16132:14,21 143:6143:12,16 144:5,9144:18,19 145:4145:18 146:22147:3 148:16151:14,18 152:6152:11,19 153:4,9155:9 156:11157:2,7,8 163:19164:13,19 170:11171:3,9,15 172:21222:6 223:4234:12 238:19241:12 292:11293:8 294:6 303:9303:13 306:20308:17 309:9311:11,13 312:8314:21 316:2,8317:18 318:14,16320:8 325:12326:10 328:1,3,3328:4 329:13,19337:16,16,19,19337:22 338:3,6,8338:16,22 339:1,6

340:4 341:22342:17,18 343:2344:11,12,15,18345:20 355:14,21356:12 357:12,15357:21 358:1,12358:20,22 362:4369:15 370:6371:5,13 387:19388:7 389:3,7394:18 399:1,3404:9 413:20421:17 422:3426:13 432:1,2,3432:14,20 437:22438:15,16 439:5440:6 441:18442:8 444:4,13447:18 448:13,14448:19 451:12,13453:2,7 454:14455:1 456:3,15,18458:6,7 459:3,19463:16 471:7,15474:9

noises 50:17 88:2089:1,3 370:18373:1

non 456:21non-expert 373:10

373:17non-hearsay

474:12,14norm 57:11normal 179:22

233:16 380:21normally 170:16

243:6 244:14north 18:8 120:17

406:19north/south 332:19northbound 18:8northeast 58:5

120:17 121:16northwest 37:12,16

228:1 379:11

406:20,22 437:17notarized 480:11note 2:20 36:21

106:8 384:19401:4 410:3414:15 420:21425:17,18 427:13

notebook 192:1noted 33:12,20

50:2 147:21157:22 158:8401:5 425:15428:21,22,22

notes 394:11notice 132:13 164:4

415:16 463:19483:18

noticeable 105:1noticed 147:19

276:15 302:8noticing 164:6noting 418:21

469:12November 42:22

68:6 69:14 74:14414:9 415:8,18430:8 444:6,7459:19

number 2:4,7 7:115:20 18:3 19:221:1 45:14 57:257:14,18 68:1,568:13,14 85:21138:15 146:3,19148:5 183:20185:12,15 190:4203:18 212:8,8,11212:13 259:9,11259:15,17,17307:15 360:20365:7 370:1 371:1372:12,13 379:22382:12 468:19482:20

numbering 301:1numbers 91:4,8,10

124:10 138:14188:6 254:13320:18 362:16367:10 368:22370:3,5 378:19418:5 422:1

nut 9:1NW 1:7

Oo'clock 143:13

144:20 145:20147:11 194:12195:1 214:2,18,21237:20,21 322:10341:13,14 343:18457:17,17,17

O'Connor 60:12,1460:19,22 61:3,461:10 62:17 63:363:6,11,18,2264:2,8,13,19 65:165:4,11,14,1766:1,5,12,16,2167:4 68:17,2269:3,13,18,2170:3,6,11,19,2271:3,10,17,2272:6,12,20 73:1674:11,21 75:2076:2,4,12,20,2277:11,22 78:11,1878:22 79:5,8 80:280:5,8 81:2,5,7,1582:8,11,18 83:883:14 84:2,9,20304:16

O-N-S-E-C-A 2:14oasis 284:1oath 213:10object 10:16 11:4

300:10,10 368:7394:9 474:1475:21

objecting 361:2objection 10:15

11:7 53:2,4,5,1854:1,15 61:11,2062:2 69:4 117:3242:14,22 301:5,5301:9 360:11363:21 364:8373:8 394:3,8395:3 400:11401:4

objections 69:7193:5 298:6 300:3363:19 364:10,11380:3 381:19400:8 413:12468:9 471:18

objective 126:2,5127:11 136:22137:17 138:18158:22 159:3258:11 294:4316:17

objectives 128:5observant 420:22observation 322:20

449:13observations 17:13

17:20 27:3 44:944:10 321:3

observe 27:21300:9

obtain 124:12obvious 152:9

343:6 453:16obviously 81:19

148:2 319:13320:4 338:22345:5 347:21393:8 399:2450:20 472:18

occasion 59:9 100:5176:15 378:20449:15 450:3

Occupancy 38:1138:15 229:21

occupation 61:285:13


occupied 121:11302:6

occur 146:3occurred 63:5

138:20 139:3,8140:11,14 146:6243:19

occurrence 11:20occurring 101:10octave 124:15,17

141:14 148:22149:3,9,12,18152:1

October 63:17 64:364:9 69:14 74:1476:6,9 85:2295:11 126:2229:16 305:5

offenders 236:7446:15

offer 7:2 318:6359:2

offered 56:13,17191:15

offering 133:3office 42:18 48:5

51:11 152:14,18304:6 313:17,18332:12 334:19335:7 336:18,19350:22 352:18423:7,13 448:9,11448:15,20 455:13470:6,8 471:13

official 238:17officials 457:22offline 373:14oh 31:20 80:21

106:5 109:2,4139:4 150:19185:3 206:11213:6 252:10280:19 292:20295:7 312:15331:16 333:1334:15 335:5

347:6 352:4364:22 376:10383:3 402:13403:8 408:22417:17 433:15435:4 439:13,18467:2 469:22

okay 3:6,17,22 4:44:9 5:11,14 6:4,86:10,11 9:1611:10 22:5 27:1628:6,21 29:9 30:530:12,19 31:14,1631:18 33:1,11,1734:11,16 35:2,935:12,18,22 36:1236:18 37:15,19,2238:16 39:5,11,2140:5,8,9 41:5 44:546:5 47:2,8,1848:2 49:4,8,1550:1 51:3 53:3,453:17 54:4,6 55:155:5,13,16 58:358:12 59:5,18,1960:5,9 61:22 63:464:10,14 66:1767:21 68:2,1069:6,7 70:8,2176:3,7,14,21 77:577:12 78:14,1979:18 82:3,15,1683:18 86:6 87:987:12 91:19 99:12100:4 103:15105:14 108:8,13108:19 109:2,6110:16,20 111:10112:10 113:1,10113:13,17 114:16115:9,21 116:2118:6 120:1,5,9121:1,14 122:1,13123:15,16,21124:4 125:11,14125:18 126:10

127:1,2,22 128:4128:14 129:5,11129:18 130:2,8131:20 133:1,2,20134:9,10 135:18135:21 138:14,15141:19,22 142:13143:5,15 144:14144:17 145:15,22147:18 149:20150:19 151:12152:3 153:6 154:9154:16 155:10,12155:18,22 156:14157:10,11 158:7158:19 159:7,20159:22 160:4161:19 162:4,15163:4,8 165:9,15165:22 168:5,11169:14 170:20172:6 174:6,13175:2,6,9 176:2177:22 178:18180:12,16 181:18182:22 185:5,8188:13 189:15190:16 191:13193:8,17,18,20194:5,17 195:3,22196:2,6,18 198:7200:8,19,22201:15 202:1,17203:11,15 204:2204:17 205:6,10205:13 206:1,11206:18 207:1208:1,9,20 209:13210:3,8 211:2212:19 213:6,9,14214:17 215:7,17215:21 217:19218:12,17 221:2225:4 226:4,21227:6,9 240:14241:10 242:15

244:3,5,18 245:12245:18 246:12,16247:10,20 250:12250:18 252:5,22254:5,15 256:2,18257:3 259:8260:10 261:3262:19 263:3,14264:20 265:14,18266:4,7 267:10269:10 270:16,21271:22 273:22274:4,15 276:7,10276:17 278:12,13278:19 279:1,9280:18,21 281:2282:18 283:11285:20 287:7,13292:2,6,7 293:11295:13 296:6,22297:4,11,13,22298:8,17 300:1301:10,12 307:7313:7 318:17319:7 323:16331:10,17,20,21333:4 340:6343:14 346:13,13349:7 350:12351:5 353:14354:7,8,10 357:8359:5,8,16,21360:6 363:10,13363:13,17,18365:16 366:7,16366:17,20 368:4371:6,22 373:3,22374:19 375:13,19377:5,9,10,13381:21,22 382:2383:2,7,12,13384:9,14,15,22386:1,7,17 389:12389:18 390:14394:4 395:9396:21 397:1,21

398:8,8,12 399:11400:4 401:21402:16,22 403:2403:21 404:12,22406:10,14 407:3,9409:11,20 411:5,6412:20 413:11414:7,15 415:5,11416:19 418:16,22419:22 420:16424:6 425:10,11425:11 427:16,20428:4,19 429:6433:21 434:4,8435:9,18 436:1437:4 438:19439:18 440:18443:2,4,7 444:17444:17 445:1449:2,9 450:10,14462:10 467:1,8,16468:5,6 469:3470:14 472:19473:4 474:20478:2 479:3,6481:18 482:14483:5 484:6

old 298:5 309:14341:17

older 325:16omitted 425:9once 20:22 79:14

103:17 131:13142:22 194:15219:21 309:18366:4 381:3,13439:16

one's 334:10,10,11ones 44:15 46:19

81:18 97:21 239:1239:2 254:3 317:2326:16 339:5349:3 358:5447:19

ongoing 74:6Oops 402:11


open 9:21 10:912:13,20 47:19,2147:22 87:20 91:1591:15 105:16106:7 107:2 108:1108:12,22 109:3,5109:10,17 114:22142:10 148:6,7152:14,18 162:17171:2 178:9182:12 183:8184:8 220:17221:20,22 222:2,5222:22 223:5,6,15223:17,19 228:12229:4 230:1 236:1237:3 238:3 249:1250:19 251:7,9260:5 305:3308:15 312:18315:9,15 318:7,12318:17,18 321:6329:18 338:10,14357:7 382:20,21383:1,5 386:13393:14,20 439:1482:17 483:2,20

opened 105:18107:10 304:11339:10

opening 4:12 6:1210:17 20:22 21:282:6 251:5 289:21305:7 340:15414:10 456:6

opens 335:16operate 9:21 109:7

173:5 222:8 223:7247:5 302:18303:12 305:14307:9 467:20

operated 78:7256:20 462:12

operates 16:2153:11 369:11

operating 78:3

93:13 104:20109:16 114:11189:14 190:20199:20 222:2,5247:2 253:1,5267:18 269:22307:12 328:16338:5 355:14367:9,14 425:20426:5,6 438:10441:14 444:11461:17

operation 17:8189:11 396:4427:14,19 428:10

operator 159:7,8opinion 40:18

54:13,13 235:15421:21 423:5446:18

opinions 468:17469:17 475:13

opportunity 58:777:14 135:8172:21 173:1193:13 246:18285:22 302:21435:6 440:10480:8 481:9

opposed 9:11,14138:18 254:11255:10 259:5380:5 474:13

opposing 296:15opposite 339:18optional 97:19oranges 117:4

257:21 258:8,19427:4

order 14:3,8 23:535:5 66:19 67:268:5 130:11,16,19198:15 261:4265:20 268:12316:1 380:2 392:8454:9 483:21

ordinance 56:16110:5,8 148:16460:17 463:16471:15

ordinances 459:3Organization

432:17organized 368:16

478:11Oriental 334:14original 8:2 62:15

145:2 156:3158:22 364:13413:19 439:19

originally 314:1Orleans 237:10OSHA 96:17 294:8outcome 127:12

159:21 274:10,11288:9

outdoor 19:7 50:888:14 130:7 142:9148:6 308:20317:2 357:19392:13 453:21

outlining 325:2output 261:14,15

262:13,18outputting 279:14outside 9:20 14:14

88:16,20 91:11101:2,5 102:20103:2,18 104:4106:16 108:6113:15 119:1,14119:19 129:9133:14 160:16162:2 166:20190:11 204:6,15222:7 264:21275:2 276:14343:15,16,20460:18

overall 23:21309:22 317:12

overinflate 98:21

overriding 271:15overrule 117:20

373:8oversight 457:19owner 156:20

170:13 461:16owners 16:17 341:8

448:2 460:4 461:1owns 460:7Ozio 1:6 2:5 7:5,11

9:20 10:9,14 12:512:18 13:16 15:2015:21 16:8,2017:1,6,13 18:2,518:19 21:6,13,2124:8 25:13,2226:14,17 33:438:22 39:17 45:1145:15,18 48:5,1449:12,17 50:359:11 64:11 71:1473:12,22 90:22100:11 115:2116:6 120:21121:19 122:18130:13 136:14,16139:5,11 140:17161:4 166:21167:1,3,17 168:13176:3,8 179:8,15183:4,5,8,16,18187:11 188:18,20205:4 211:17220:21,22 227:21235:2 246:18273:11 284:8299:4 302:9 309:7311:12,19 312:16313:13 314:11316:10,14 324:21329:3,10 335:8,9339:7 340:4 343:4344:19 347:22348:9 351:10352:20 358:7364:15 366:22

367:4 378:16379:5,9 387:19391:2 398:20404:1 415:1 417:4421:1 422:4 423:1425:20 426:4427:8 434:15437:19 438:4,5,12438:16 440:3,14441:5,8,11,14442:1,2 448:7450:2 455:8 458:5460:15,19 462:4474:11 482:22

Ozio's 10:4 11:2112:7,10,17,2213:4 14:3,7,8,1417:17 18:10 19:1021:10 26:19 29:1830:15 31:12 35:436:2 50:18 71:18167:21 180:18214:2 284:14323:17 358:19,21379:6 385:14388:10,17 390:15399:6 406:3 407:1417:6 421:18422:18 439:21444:10

PP-R-O-C-E-E-D-...

2:1p.m 2:2 70:14

101:13,13 145:7145:12 169:20225:18,18 416:1426:4 427:11484:9

pack 404:9packaging 376:1packet 18:4 243:3

297:16,19,20359:9,11,13,15,17364:21 365:4


374:21 375:1,3407:18 408:3,13408:18 409:1,4411:17 412:7464:12,16,20473:21 477:5,14478:1

packets 297:3375:18

page 17:4,12 18:144:19 57:1 64:668:13 115:5 117:7126:1 377:6464:15 470:14,15470:18,18 471:4471:10,12

pages 192:5,8257:13 298:4412:7 470:3473:18

paid 198:18 305:20366:22

pains 289:5paint 167:5 433:13palatable 445:13Palladium 7:17

13:15,21 16:1,1220:2,10 24:2125:19 27:8,11,1228:15,19 37:740:15 41:2,3,8,2242:3,4,14 43:1244:3 58:4,14,1558:20 77:3 168:6168:9 323:19325:14 355:4437:17 442:9,11446:11,21 449:20454:19 455:9474:6

Palladium's 25:5,7Palm 351:22pane 433:17paned 433:7panels 382:22paper 139:12 240:8

242:4,6,10 243:22244:4,16 245:5356:8 395:13

paragraph 310:19parallel 385:7parameters 370:16paramount 318:12parcel 49:1,1Pardon 225:9

230:13 278:6350:9 439:8

parked 385:19parking 49:2

100:16,17 105:20107:16 205:19

part 8:11 37:13,1338:12 43:16 50:1063:11 71:8 73:390:3 92:7 105:18136:22 152:17218:7 243:7 245:2245:5 283:15285:11,12,13293:3 294:5301:17 302:7308:21 313:13314:1 316:12,20319:14 357:8358:13,19 359:13359:14 360:3386:18 399:3410:15 422:3441:14 446:2465:22 466:2,7,8466:9,12 470:3,16471:9,10 484:5

partially 318:18PARTICIPANT

246:6 355:10359:22 366:10368:16 376:6377:3 385:17391:16 400:17401:1 402:1,9403:13,16 405:2,5411:11 423:20

436:6 444:22457:2 478:14

participate 62:14176:19

participated 314:7participating 256:6particular 6:21

44:21 73:4 74:1376:16 84:14 171:5299:19 329:4373:6 444:13

particularly 6:207:14 46:16 74:17443:20

parties 2:8 3:214:19 14:20 28:1241:6,9,15 57:766:10 178:2328:18 482:1,2

parts 251:12party 7:13 64:20passed 483:17passing 140:18passionate 399:14path 34:9patience 330:19

445:4,6patio 179:13patios 446:11patrons 248:6

467:20pause 62:4 117:11paved 341:6pay 256:13,16

273:1,2 289:5,6291:2 454:8

peace 14:3 23:5454:9

peak 100:3 137:10138:1 139:10,14139:15,19 140:14

peaks 135:10 138:4139:18,21,21141:11 142:10

Peck 2:18,18 3:184:4,8 5:11,12,22

6:8 9:17 10:20,2211:10 14:18 16:416:8 29:21 30:341:18 49:8,10,1550:1,5,7,14,1851:3,10,14,2152:4,11,19,2153:8,10,21 54:2,654:10,19 55:1,555:13 58:20 60:269:6 70:2,3,8,1670:21 71:2,6,1371:18 72:4,8,1373:9 74:3,18,2282:22 83:18,1984:5,16 107:20,21108:11,13,19,22109:3,6,21 110:9110:14,16,20111:6,10,13,15,19111:22 112:6,10112:18 113:1,10113:13,17,20,21113:22 114:4,8,16115:9,14,17,21116:3,11,13,22117:6 118:2,3,9118:17 119:5120:1,4 172:8,9172:15,20 173:3173:11,14 174:4,6186:2,3,6,15,21187:17,20 188:4188:10,13 189:1,9189:17 190:1,6,16190:18 191:5,12191:16,18,20192:3,9 193:2,18193:19 218:15,16219:18,19,20220:2,4,8 221:2,8221:19 222:1,10222:12 223:12224:22 225:1,3226:18 236:2239:6,7,12 240:3

240:11,13,14,18240:20 241:1,2,3241:8,13 242:5,9242:21 243:16,21244:7,21 245:4,10245:18 246:11,16247:10,16,20248:5,16 250:7,12250:18 252:5293:12,14,17294:20 295:12,13296:11,22 297:5297:11,13,21298:9,12,17 299:7299:11,14,20300:1,17 301:2,6301:12,16,21316:6 325:6346:13,14,17347:1,4 348:2354:9,10,21355:13,22 359:5359:10,14 360:6361:20 362:3,9363:11,14,17365:12,14 366:2366:13,17,20368:2,9 369:6370:12 372:1374:22 375:4,17375:22 376:8,15376:17,21 377:2377:12,13 378:14379:18 381:20382:2,6,8,13,19383:2,7,11 386:20387:1,1,3,6,9390:21 391:1,6,11392:14,19 395:12395:18 397:1398:12 399:13400:5 401:11,17401:21 402:3,12402:14,17 403:2,4403:8,18,21 404:5404:14,18 405:3,7


407:6,10,21 408:2408:5,8,12,17409:1,5,7,10,13409:16,18,21410:16,20,21411:1,4,15,19412:3,18 413:12413:13 416:17,18416:20 425:6,10430:1,3,7,11,14430:18,22 431:3,8431:12,16 432:21433:3,20 434:5436:1,2,4,11,14436:17,22 437:12437:18 438:17442:13 443:8449:10,12 457:4,5464:10,13,18,22465:4,8,18 466:2466:6,10,14467:16,18 468:5468:21 469:5470:5 471:12472:6,14 473:1,6473:10,17 474:4474:17,21 476:6476:10,11,15477:8,17,20 478:1479:1,4,7,14481:5,12 482:6484:2

penalties 293:2penthouse 312:13people 10:2,3 23:22

24:3 76:17,1880:12 83:21 84:12119:17 124:22131:10 166:12183:8 190:4210:16 224:3229:9 238:4,9250:5 251:6 272:7272:10 283:18,21284:3 285:3,5,9288:22 293:20

302:10 304:19307:2 311:16,18311:22 315:12,15317:11 319:6,17321:16 328:2,5337:21 338:1,22340:1,2 342:6,10345:19 356:15393:21 447:2,11461:12,12 467:20475:13

perceive 166:22perceived 154:1

164:5percent 235:17

370:8perceptibility

129:1perceptible 130:12perception 41:8

153:14perfect 297:10,12

317:17 340:9479:1,1

perform 86:8 126:6127:7,10 150:3,11

performed 75:14145:2 150:1,4,13

performing 258:11Peri-Peri 335:4period 8:15 31:1

45:4,7 63:12 65:366:4,11 69:2 78:595:8 98:10 138:13140:21 141:1,20145:6,19 178:19226:15 230:5,14230:18 307:7,13

permissible 115:3474:18

permission 10:11331:10

permit 9:19permitted 363:2permitting 302:16perpendicular

38:20perpetuity 78:17person 16:5 24:1

77:19 79:1 97:3183:17 187:4231:14 245:20285:15 292:22307:22 312:10,11314:9 355:14463:6

personal 221:3346:6 454:22

personally 276:9309:13,17 369:3426:12

perspective 14:1196:16 313:2 330:5

perspectives 303:8phone 179:9 181:10

181:16 183:19184:4,18 185:11187:10 188:7,12206:7,8,12 212:8251:19,21 307:3309:19

photograph 18:520:1 45:15

physical 355:6physically 36:13

47:6 332:17 337:1pick 40:10 166:10

185:11 349:12picked 20:18,19

184:18 294:8picking 24:5 294:6

370:22picture 167:6

267:12pie 335:10piece 260:19 290:8

373:11 395:5,10395:13 468:7469:21

pieces 395:5 400:8PIF 408:1 464:16

466:1,3,7,8,9,14

PIF's 466:11pile 122:16pinpoint 164:22

165:3Pint 335:20 338:10pitch 125:10placarded 7:6place 19:22 25:2

28:17 40:17,1941:13 44:2 45:2247:7,10 73:5110:21 111:16158:2 177:5182:17 184:2187:14,15 190:19191:10 198:15199:21 202:14219:9 228:4250:13 254:21255:1,2,6 284:2287:18 289:12292:12 294:7306:17 313:4319:9 324:5327:10 328:21329:11 330:5331:21 332:3333:14 335:20336:4 337:4339:18 345:17348:12,13 358:18378:12 379:3,16385:8 399:19400:12 447:5451:18 453:18458:10 464:4467:20

placed 70:13places 3:20 52:1

123:4 224:8 251:5331:7 338:4339:10 348:11358:11 370:7

plan 5:8 14:13193:18 221:13222:1 223:3,15

248:7 250:13,19287:17 288:5291:13

plane 11:15planned 223:13play 10:12 103:5

108:1 128:1170:19 181:22187:21 188:2189:16 190:22191:8,9 194:1,2,3202:3 210:10,15210:15,16 211:18221:13,15 315:11403:5

played 86:18 90:14111:3 153:13,20156:6 157:3 202:2202:6 306:21393:13,13 404:4404:21 407:5

player 278:17,18278:20 279:10

players 279:12playing 87:18,20

87:21 88:6 91:16101:2 111:17116:7 161:9166:17 187:13188:20 191:6194:13 213:5221:10 222:8,21234:5 314:22324:15 328:17343:17 379:7402:10 403:6

please 15:8,1118:17 31:22 49:960:13,15,21 61:185:2,4,10,12118:8 175:16,17224:20 225:6227:16,17 241:1,1241:2,13 242:21246:9,15 276:21295:18 296:2


298:17 301:22331:12,13 354:20354:22 382:7383:18 390:21392:7,7,7 437:10437:13,18

pleasure 435:21plenty 354:8 480:7plenum 152:20plug 247:16 260:20

277:16plugged 262:9

264:1,2plugging 276:22plugs 12:2 264:8

277:9 283:7plural 339:3plus 416:10point 7:21 21:4

44:6 53:21 69:1977:9,9 90:19107:3 108:7140:19 143:22144:8 161:6,10174:16 186:16192:8 204:18,20205:11 212:15222:14 232:18242:11 292:10293:19 297:1304:18 311:16328:14 339:3,4349:13 358:18359:3 360:10361:9 362:14379:4 383:4386:14,19 388:15388:16 389:4,7,15394:16 398:19417:2 426:9451:14 463:5

point's 53:18pointed 289:11

434:17pointing 19:3

348:20,21

points 44:15,17157:19 163:5309:7 357:3

police 311:22 356:3policies 287:17

289:13policy 14:10 61:6

69:20 289:19political 472:5portions 469:6portrayed 245:14position 15:9 61:2

83:15 176:2,6284:13 300:8395:17 448:21464:2

positive 326:20457:9

possibilities 283:10possibility 262:20

286:3possible 119:2

131:2 142:9 143:6145:17 150:2315:18 422:10,11422:21,22 449:19452:19

possibly 12:13294:6 394:17398:6

poster 238:21postponed 226:3postulated 167:8pot 272:3potential 303:9potentially 77:15

144:1,6 154:18156:10 160:16253:2

pounded 323:11pounding 10:4

19:14 395:19power 196:9 197:6

278:3 279:10456:20

practical 323:7

330:4practice 14:12

220:9,12 249:6precedent 303:17precise 126:22precisely 90:16precision 94:19,20

97:15preface 426:17prefer 6:2preferred 128:7,12prejudicial 394:22preliminary 3:7 4:1premise 304:19preparation 59:10prepare 360:1

416:11,13,16417:15 418:4,17457:15

prepared 59:10126:1 359:18361:21 477:12

presence 132:21present 1:15,19

4:13,16,22 242:10244:6 305:22325:11 423:2

presented 245:2,4presenting 399:14presently 172:18preserved 23:6President 2:12

227:21 299:1443:17

presiding 1:14pressed 82:21pressure 137:6

355:8 463:19pressured 305:1presumably 322:18pretty 26:18 39:2,4

96:20,20 97:5104:19 110:21122:6 131:16145:16 158:5,6169:3 234:9 242:4

249:19 284:21341:10 342:1416:3 443:14

prevent 289:13prevented 112:1preventing 207:2

208:15 274:20prevents 111:16

202:14previous 134:4

213:22 306:10previously 326:10price 433:18pricing 433:16pride 284:6primarily 6:17primary 342:14

346:8principal 344:5principally 8:17principals 2:12printout 466:19prior 62:19privacy 152:15PRO-00151 2:5probably 4:10

36:10 101:19102:14 127:6168:4 171:2174:10 273:9283:16 290:15,17296:20 300:6307:17 308:15320:22 329:14337:11 343:13,19347:9,20 366:11385:16 430:12452:1

probative 374:16problem 5:19 74:2

115:10 187:14211:1 215:19222:7 236:5250:11 251:1,4252:2 258:13283:1 288:12

291:8 300:14306:7 313:12,13316:19,20 318:13319:20 325:13337:5,10,15 338:9338:16 341:12,19342:8 346:8 357:2358:13,21 360:11365:5 372:22378:13 399:4402:7 413:13422:5 433:11449:1 459:11,16459:18 461:13462:13 480:9

problematic 339:5problems 248:15

308:6,10 338:15381:19 410:1422:2 446:12

procedural 4:1procedure 126:8,11

126:19 164:16198:14,22 199:19199:20 202:13

procedures 208:21287:3,18 288:4,8288:10 289:13291:16 380:21387:14 445:20

proceed 4:7 15:1015:14 60:21 118:8226:5 298:8 364:9366:8,18 374:19377:12 380:20

proceeded 35:13proceeding 3:5

364:10 457:16process 86:9 153:7

180:21 199:19210:9 211:3 212:1228:14,16 248:3257:20,22 265:8267:14 274:16275:16 291:3,7302:1,12 303:1


310:1 312:2315:21 317:8345:2 368:10450:9

processes 291:16processor 231:9

260:18,21 262:9264:3,17,18,22266:11

produce 186:6369:22

producer 343:7produces 277:22producing 261:18

339:6 440:14professional 54:13

63:9 111:7professionals 10:2program 216:14

269:6,9,11programmed 269:5project 355:7

441:21proliferating

461:21promise 185:14

212:10 213:15prompting 56:10proof 363:3 474:11propagation

475:22proper 302:16properties 303:21

316:21 324:3,7455:7

property 14:5332:15 421:19422:14,19 423:7432:5 447:10454:15,19 455:2463:11

propose 392:22proposed 243:4

244:10 423:12propositions 8:9protected 310:10

protest 1:6 5:5 6:167:6,9 8:3 15:20,2121:15,22 42:2159:9 100:6 282:17303:1,4 316:14396:11 422:13435:2 453:10

protestant 28:577:1 465:17

Protestant's 407:17protestants 4:15

8:10 9:9,12 41:1756:1,13 174:18193:6 272:3 354:5

protested 15:22235:19 317:22324:18 447:22

protesting 43:7251:6 435:5

protestors 286:1,4protests 7:16prove 226:19,20proven 244:12

455:12provide 7:3 398:4

448:18 472:15provided 3:11

369:10 393:6397:12 398:2

provision 66:668:18 71:9 72:172:14,16,17 74:978:1

provisions 72:2179:16

proximity 29:1370:12 344:19

public 178:10229:4 308:20312:17 324:16329:14,21 330:3334:6 339:8 340:5390:7 417:9435:11 442:20,21449:16 450:4,6462:2 470:1 471:9

publically 467:18pull 391:12 478:21pulled 362:6pump 209:17pumping 279:9purported 83:10purports 42:1purpose 126:14

127:12,14 395:11395:17,18 428:9482:19

purposefully 28:2purposes 2:20

83:12 117:1 330:4366:4

pursuant 483:20pursued 317:22pursuing 318:2put 6:18 18:10 71:8

96:16 174:11177:3,6 179:20180:2,5 185:17191:2 197:11203:21 210:20212:17 219:9223:11 226:6,9,14236:15,17 243:6243:10 305:11306:5 310:5,13317:20 321:4,20326:22 338:12345:17 362:12365:7,10 368:22381:9 404:6 405:5418:5 433:4 435:4463:4 465:19467:21 474:14480:16

puts 166:14putting 159:3

169:21 190:13202:7 361:9434:13

Qqualifiers 343:13

qualify 469:12qualitative 133:3

133:10qualities 397:17quality 132:7

163:20 164:1,7,12397:16 447:1,1454:22 456:16

query 380:4question 22:14 27:2

37:6 38:1,3 39:575:2 83:20 109:9116:5 127:6 150:1156:3,16 158:22170:1 172:9186:13 189:9195:13 197:1199:16,19 207:20212:6 217:2,6219:17,18 222:12224:20 234:2241:5,6 246:2249:4 277:2280:12,19 282:16285:21 288:6,14289:9 290:16291:13,19 296:12297:16 318:6343:5 346:3,15348:6 350:13353:11 384:17385:3 392:10396:7 398:7401:11 402:4418:12,18 427:7430:17 433:22434:9,14,18439:20 443:7445:10 446:3449:19 461:8

questioned 308:8questioning 231:2

293:18questions 4:20

14:21 22:6 23:1326:21 31:18 49:5

49:11 55:14,16,1959:20,21 70:174:22 75:5,6 79:184:17 107:19120:2,4 125:19169:13 172:7174:4 185:22191:12,14,15192:14 193:21213:21,22 218:16218:18 219:14,16224:22 225:2227:2 239:5246:21 247:4252:6,8,8 286:6292:7 293:16294:21 313:1330:13,16 342:20350:6,11 353:15369:7 380:14,17381:16 412:19424:7,7 425:12426:18 430:3,5433:20 438:18444:21 449:11

quick 287:16 430:3quickly 75:10 99:8

100:1 305:2373:16 425:14

quiet 14:4 23:524:17 89:19 215:3224:2 321:14,17322:1 417:5454:10

quieter 102:4quite 123:7 192:16

317:8 390:5

Rrace 470:10raise 15:2 60:15

85:4 153:3 175:10227:10 295:19354:12,13 432:14437:5

raised 97:1


raising 80:14202:14

ran 433:10random 238:13range 101:21

114:10 125:4,6146:8 148:19160:16 170:12173:4 370:6,9,19371:1,13,20372:12 378:1,5,7397:20,20 420:22468:19 476:5

ranges 147:21148:8

ranging 378:4rapport 236:8rating 370:9rationale 425:3raw 149:4,5re-calibration

369:20,22reach 84:11 361:12

449:20reached 451:13reaching 323:18read 15:17 99:10

144:8 204:8,13240:7 305:22306:3 353:19370:19 372:12379:10,22 417:14469:17

reading 83:11 87:498:9,20 103:3153:18 157:20158:17 170:11206:16,21 210:7215:15 232:17242:3 249:15,16250:2,9 293:9370:14 379:12380:11 383:8386:12 389:5391:7 392:18395:12 410:18,20

414:10 415:1426:8 427:11428:9 451:13

readings 8:6 83:688:3,5 96:1 97:1399:2 100:9 103:2125:16 149:5,7160:10 170:2171:5 218:1 232:2249:9 250:1 320:9358:11,17 361:12361:15 362:4,19362:20 364:16367:1 368:18377:15,16,18,21380:4,7 381:13383:21 387:17388:9 389:1392:14 414:11417:13,21 418:1418:13,15 419:6419:15,16,16420:5,7,10,15426:20,20 429:5442:2 453:6456:21 459:19

readjust 217:22readjusted 231:16readjustment

222:15ready 2:16 226:4

370:13real 9:1 123:10

203:12 367:14422:14,19 446:7454:15 455:4

realistically 225:13318:21

reality 245:22315:17 323:6337:4

realize 237:9really 5:15 30:20

58:14 75:10 81:1882:5 90:5 92:4,1693:3 99:1 112:4

115:12 129:8132:7,17,19,22137:5 163:5164:17,20 168:14189:10 252:2258:20 274:8284:6 288:10290:3 304:13,18304:21 305:10315:6 321:3 322:1322:12 324:21325:7 326:11328:19 329:9,11341:9 342:3,3344:14 357:13360:15 361:4367:19 370:5371:3 376:15381:8 389:9,10392:2,9 397:4,6405:10 426:18436:14 445:21450:4 461:14464:17 468:3,7476:1

rear 18:11,14,1919:1,17 22:1926:5 29:16,1949:1 103:20 104:5104:8 313:9329:12 340:2344:8 400:16405:14,20

reason 95:19191:22 203:7272:1 281:10316:13 344:22378:10 453:4

reasonable 75:1775:18 78:16 127:3129:15 167:10,11285:18 310:18442:4

reasonableness310:16

reasonably 165:17

165:21 170:19reasons 394:10

483:1reassuring 461:9recall 26:17,18

48:4 63:7 65:766:2 85:20 90:2095:18 96:12 128:5180:9 216:1 230:4230:7,8 314:11326:7 329:4 346:6391:3,6 395:8

receive 21:11 51:963:16 237:16

received 153:15198:18 213:11234:14,16 235:11237:7 293:2397:14

receiving 157:9261:21

recessed 386:13recite 68:13recognition 8:20recognize 373:10recognized 329:1

357:16recollection 39:22

325:19 420:13recommendation

106:14recommended

108:3 119:6reconfigure 451:20reconsider 14:12record 2:9,17 41:6

43:17 58:2 62:3,973:5 182:2 192:18225:17,18,20226:7,10 245:16252:14 308:1348:19 349:15352:12 355:1375:8 376:4 378:5405:10 411:21412:6 464:10

470:1 471:9480:17 482:1484:5

recorded 91:5,10146:12 358:16382:12 429:7

recording 149:11records 16:5,16

43:5 47:4 243:7314:11 375:14464:17 466:13470:17

recross 4:21 75:3293:13 348:4433:21

recusing 3:9recycle 378:11redirect 4:21 82:20

169:17 215:21216:1 292:8346:13 430:4449:10

redlining 249:10,11279:5

reduce 88:19152:22 174:10

reduced 232:10Reeves 1:13refer 41:13reference 33:18

68:14 120:10157:19 161:7163:6 204:20

referenced 42:1343:20 309:3349:15

referred 422:5referring 56:5

117:21reflect 43:21reflections 169:2reflects 414:14refresh 391:9regarding 3:13

30:15 45:11 135:9regardless 197:7


regards 78:2register 302:22registering 108:17regular 172:13regularly 10:3 12:1regulate 9:13 199:4

456:8,18regulation 129:20

254:19,20 255:1,1255:6 471:7

regulations 287:6294:2 459:6

regulator 112:1196:8

regulators 9:14235:15 456:8

regulatory 83:5relatable 124:6related 33:14 59:14

59:16 273:16274:2,3 275:14289:1 299:18338:17 361:16

relates 16:7,18 17:621:12 36:21 39:17316:9 337:16342:15

relation 245:22relations 283:15relationship 284:22

285:1 386:2relationships

283:19 284:7,18relative 98:22

124:21 159:2164:3 261:7,15,20261:22 263:3,12264:11 344:20347:8 374:15

relatively 89:19182:14 374:13

released 10:5relevant 413:16

469:6reliability 361:13relief 13:19 14:9

relying 258:12277:21 369:19391:12 449:6

Remain 354:13remaining 174:18

174:19 354:5,6remember 39:12

84:10 90:16120:12 121:12142:14 160:11178:13 179:5189:1 239:18259:12 292:7309:19 318:22322:6 430:10,16432:15

remind 5:14 14:20443:3

remove 68:2079:15 82:13

removed 28:16230:18

removing 240:10241:16

renegotiating316:16

renew 464:3renewal 1:9 9:10

69:17 74:14180:20 241:21455:18

renewals 325:22reopen 292:10repeat 48:9 234:1

440:20repeated 374:14repeatedly 337:14

338:17 431:6rephrase 229:3replace 433:7replacement 68:9replacing 433:16report 12:8,16

15:11,15,17,1817:5 22:3 27:232:11 49:15 61:21

73:21 76:5,1084:3,5 91:6,1395:11 112:11114:17 115:5118:13 119:6,9122:15 126:1,4,5127:13 128:16130:3 135:19142:8 145:12150:17,20 158:21159:4,11 198:17199:7 201:19270:12 306:1,3348:8 349:20391:2,3

reported 10:812:16 122:15127:4 276:11338:17 414:5417:21 418:1

reporting 83:6389:16,17 426:16

reports 242:8321:13

representative 2:193:3 246:3 299:3395:1

represented 90:892:5

represents 124:15138:16,16

request 8:4 191:16366:1

requests 228:8316:7

require 459:8required 186:18

192:18 316:3requirement 70:9

116:4requirements

126:18 127:10256:19,20,21459:7

requires 70:5372:20 421:20

rescheduling 226:7226:10

research 362:6,12422:9

reserving 11:3reside 43:10,12residence 56:20

57:16 73:2 95:21114:19 128:2129:22 167:11

residences 81:20resident 10:6 56:9

56:10 298:20355:3 461:10

resident's 57:3residential 8:19

37:20residents 7:15

13:15,18,21 14:114:4,9 16:1227:18 30:15 71:1472:18 73:1,10,2074:4 75:15 76:1579:20 81:10,22184:1 254:16303:7 307:21310:22 311:11315:11 318:10337:15 342:16346:18 363:7379:1 422:2453:20 474:5,7

resides 41:18resolve 246:19respect 3:12 250:19

251:13 418:19449:12

respond 53:9117:11 178:5

responded 31:12responding 100:1

245:19responds 99:8response 53:10

98:11,16 99:2,4,699:11,18,18,20

134:14 360:21,21responsible 7:13

9:3 83:5 426:13461:1,12,16

responsive 81:9,12rest 448:10restart 405:1restaurant 226:1

275:1 283:6 290:5332:13 335:6,11

restaurants 7:2304:8 332:16,17353:13

restful 432:18resting 295:8restricting 79:16restrictions 68:20

455:19result 9:7 100:6

231:16 321:16resulted 95:10resulting 149:18results 90:12 104:2

127:4 257:6277:18 287:5

Retailer 1:7retarded 32:16retired 10:3retractable 65:10

68:21 79:4 87:22return 100:5Revenue 423:13Revenues 455:13reverb 26:15reverberate 346:4reverse 312:11review 66:7 193:14

427:5 435:8reviewed 5:5reviewing 193:6revisit 77:14 78:1,8rewind 403:16,17Rhode 348:14ricochet 448:19rid 478:7right 11:11 15:2


19:20 20:13 22:2030:9 31:6 32:1,1734:20,21 35:1,637:3,12 38:1,1838:19 43:18 45:146:18 47:10 50:350:10,15,22 51:351:18,19,19 52:252:11 55:15 60:360:3,15 65:1175:17 77:18 78:1078:22 81:2,5 85:486:5 94:12,1396:4,19 104:9,15106:11,13 109:7110:2,21 111:2,14112:6 116:12118:1,3 120:14121:6 122:1,9123:11 124:8125:2 127:8,19128:19,20 130:21131:15 133:7134:5 137:9,12,15137:17,18 140:14141:1,2,5,15142:3,21 144:13144:16 145:5147:18 154:6,15157:10,11 158:10158:18 159:17161:10 163:8170:7,22 171:13174:1 175:10181:21 185:13191:17 192:3,7198:9 199:3,5200:15 201:3202:8 203:11,14203:18 207:14210:11 211:16213:10 217:17221:16 222:10223:15 225:5,14226:12 227:5,10228:19 237:2

242:3 243:21244:18 248:14252:13,17 253:14261:16 263:4265:19 268:6,7269:5,11 272:2276:22 280:13281:18,20 282:22283:1,11 288:2289:4 290:2295:11,19 298:9300:9 301:2,10,15301:19 307:1313:14,21 321:21323:11 324:1330:6 331:16,18332:10 333:3,21333:22 334:1,3336:6 339:11,11339:12,13,15,19345:21 349:21351:21 353:20,21354:13,14 360:4,6365:9 371:15372:6,6 373:7,20373:21,21,21376:2 377:8,11380:8,9 382:6383:12 384:6386:7,9 387:12,15389:21 390:18391:2,11 393:4394:21 395:21,21401:22 402:3,3403:4,18 404:10404:10 405:2,3,11405:12 406:21407:1 408:10409:4,5,10 411:16411:18 413:15418:7 427:15428:16 434:6436:10,22 437:5438:21 440:15,17440:21 441:7443:20 444:2,6,12

444:14,18,21447:3,3 448:8450:16 460:8,16460:18 462:1,2,3464:7,11,13,18,22465:1,7,14,15466:4,7,9,15468:20 469:15,20470:1 471:22472:2,6,8 473:10475:18 476:19,20478:12 480:18481:14,15,22482:7

rightmost 420:18420:20

rights 11:4 272:14ring 42:1Rion 94:18road 245:13 384:1

388:19 393:18396:20

Rodriguez 213:18213:19 214:6,10214:17,21 215:2,7215:11,14,17283:12,13 284:12284:17 285:4,14285:20 286:5434:10,11 435:1,9435:16 483:9

Rodriquez 1:17483:8

role 81:21roll 483:6rolls 148:14,21Romeo 460:6roof 9:21 10:5,9

12:13,20 13:126:9,11 48:1349:19 50:20 51:2252:14,22 55:765:10 68:21 78:779:4,16,22 80:2182:6 91:15 104:3104:6 105:15,16

105:17 106:7,9,11107:2,9 108:1,11108:12,20,22109:3,4,10,17110:11,14 114:11114:22 142:10148:6 162:16171:3 182:12183:11 187:22189:19,22 190:12194:1 214:7220:17 221:11,12221:14,19,20,21221:22 222:2,5,18222:22 223:5,6,16223:17,19 248:17249:1 250:19,19251:9,10 318:7,7319:4,10 346:19367:6,18 378:17379:21 382:11,20382:21 383:1,5386:12,13,19,21391:8 393:14,20395:21 398:14,15399:18,22 405:8406:15 444:11447:16 450:2451:22 452:7459:21 460:4,14460:20 461:19462:16 463:17

roof's 171:2rooftop 7:20 8:4

12:17 14:7 16:1017:10 18:13,2022:21 26:7 38:1138:14 40:2 47:1547:19 48:22 51:762:15 65:9 78:287:18,20,22103:12,13 167:21178:10 195:22199:22 202:21228:12 285:11286:17 287:12

302:15 308:13,17315:15 318:13,20319:2 324:11326:14 327:2,15330:4 333:20337:17,19 338:18339:2 342:18359:1 396:2

rooftops 51:4 52:2326:12

room 1:13 6:7 65:9102:14 161:14188:8 308:18,20309:1 344:10393:10 395:2,2483:20

rooms 433:5,8Roosevelt 332:4

336:5RoseBar 235:10

339:11,13 349:2424:18,18 435:11

rough 370:6 378:7378:8

roughly 37:15 76:9114:10 145:7158:9 162:10,22271:6 273:17390:10 430:8

round 77:3row 8:17 11:22

12:12 16:2,1321:9 28:14,1729:12 37:11,1439:6 40:19 42:1544:1 45:21 50:1150:12 58:16 71:1274:5 77:2 81:1087:1 88:12 114:12116:8 120:18127:16 166:2,4167:3 228:22236:9 237:5298:21 311:10378:22 379:1398:14 414:11


447:2 453:18,19454:1,18 455:11460:14,20

rule 5:17,22 6:3,4129:20 292:13363:21 364:7366:8 468:13478:19

ruled 468:11rules 208:21 287:5

288:19 294:1373:2 474:18481:21

run 272:21 325:16327:12 378:2,3452:11 462:15479:20

running 104:19runs 83:10 120:21

266:10 332:19333:7 385:7,8,13385:14

rush 143:10Ruthanne 1:14,15

SS 175:19SA 75:12,18safe 320:18safety 342:9Sall 175:19 176:1,2

216:1 231:3Sammy 226:1sample 102:11sanction 452:18sandwich 336:4Sandwiches 335:11Sarah 2:18 16:4

355:22 376:14377:7

sat 236:2satisfactory 83:12satisfied 81:8 84:12satisfies 83:16satisfy 83:14Saturday 188:16

194:10,14,18202:9 214:22247:1 378:15

Saturdays 182:21194:8

saw 112:1 326:21402:21 447:18460:14

saying 55:10 83:20106:5 110:2,22118:12 119:2132:9 138:3202:13 208:3,10217:4 235:13253:15 254:6,18259:4 268:21269:4,7 272:8275:15 287:9,11305:3,9 309:9319:3,7 337:19338:21 381:11389:3 459:16471:21

says 34:5 72:1484:5 95:16 110:8110:18 112:17,21115:15,19 117:6145:12 171:11192:15 201:19281:2 294:8 310:9316:1 338:13370:7 385:9394:13 416:22432:17 458:11459:15 460:17465:19

scenario 142:10scheduling 193:12scientist 355:6

391:16screen 393:4screens 410:5sea 336:9 337:11search 369:21seated 15:8 60:21

85:10 175:16

227:16 296:3354:20 437:11

seats 342:11second 38:13 61:11

99:19,21 124:9164:10 178:22187:19 195:21244:19 245:14253:18 297:1309:2 333:13396:20 398:12403:3,5,6 404:4464:19 483:3

Seconded 483:4seconds 361:3Section 68:16 72:21

482:16 483:1see 16:20 17:5,13

17:20,20 18:4,619:3,22 34:652:14 57:2 79:1299:22 104:13124:1,20 125:22128:1 139:18153:8 159:12166:22 167:16170:5 177:4186:16 191:17193:2 202:3220:14 232:9,14246:16 250:2252:15 273:2298:3 307:10309:7 320:1,14334:4 336:18347:9 358:7,8359:6 362:15,18363:21 364:12,13366:11,19 374:20379:6 384:6,11386:18,20 389:9390:13 393:14,15393:20,21 394:11396:1,18,18398:21,22 399:18399:22 400:6

401:12,17 402:5402:17,20 403:22404:18 409:2,3,8409:9 410:21411:18 414:16425:21 434:15435:21 438:7445:6 460:3476:18 477:7,13479:16

seeing 80:19 189:2348:10 472:16

seeking 204:3seen 92:8 244:11

292:19 304:10325:12 412:2419:8,10 423:11453:11

segue 232:16sell 463:1send 321:10 326:9sending 261:18

307:21sense 137:20 138:6

138:7 149:12284:5 285:15343:1 360:13363:5 389:8399:21 444:15447:10 452:6454:22 474:6

sensitive 106:21432:1

sent 196:12 197:7274:6 275:16296:14 308:4463:19

separate 42:14 45:3196:1,3 358:16410:15 449:15

separately 165:14separates 48:6September 179:7

184:17 307:17308:3

sequence 7:5

series 308:5 472:14serious 358:12

370:1seriously 463:20served 90:2service 435:17set 35:14,15 75:12

83:21 86:10 98:12103:2,4 124:9127:1 128:7,13144:3,17 145:1,2145:4 147:10,13154:22 171:4189:10 190:8197:20 199:22200:2,13,14,21201:17,18 202:4203:16,19,20212:20 213:2,11216:10,12 217:11221:17 222:2,4,6249:1 253:6,12,15253:22 254:1,7259:9 260:2261:11 264:9265:9,19 267:19268:1 270:2 277:6277:7,13 278:20280:22 281:2283:3 289:7303:17 305:18308:22 365:21366:4 370:16373:2 396:8 432:6432:11,12 456:10

sets 280:20 367:11setting 99:19,20

118:11 176:19189:12 208:14268:12 291:5369:12 370:14,20396:11

settings 190:9269:6 293:18294:3,10 370:12

settle 378:2


settlement 7:7 12:412:6 57:4,9 71:7,971:15,20 72:1073:4 74:9 78:5,1379:2,17 82:13186:18,22 192:19244:10,11 245:15301:22 435:14464:6

seven 313:5 342:13357:18 414:18

seventh 312:13Seventy 188:10Shack 333:13

347:11shake 333:13

347:11 438:1shape 37:16share 284:2sheer 461:22shhh 152:21shield 448:12shock 240:20shocked 460:11shop 265:15short 1:18 10:12

22:7,8,12 23:3,923:11 34:13 64:1767:13 218:20,22219:1,5,8,12,14226:15 286:7,8,12286:18 287:7,13393:7 402:15483:12,13

shortest 437:1shot 122:8,10

167:13 410:12shots 410:14shout 97:4shouting 172:3show 7:12 13:4

14:2 43:5 92:9150:21 242:21267:12 270:4,6274:17 393:11394:19 400:2,2

401:6,15 437:22474:14

showed 438:13showing 149:8

348:7 395:11shown 149:1,21

367:10shows 18:4 48:11

48:12 123:16270:8 397:8 404:9467:19

shut 65:13 108:11214:1 337:4

side 4:21 6:12 18:519:3 25:9 28:2229:4,8 34:13,1334:15 48:21 58:558:9 59:1 100:16102:1 103:21105:1,19 107:16120:17,19 121:11205:7,7,8,9,16219:16 251:15323:7 324:8,10332:4,14 337:2348:12 349:5385:20 400:14401:1 405:11,15405:16 406:3442:15 450:18452:9 453:12476:19

sided 330:22sides 57:13sight 166:21 167:17

167:21 169:1398:21

sign 7:7 236:20272:13 273:6334:16 335:19

signal 261:14,18,19263:7

signals 450:15signatories 43:22signatory 299:5signed 79:3 178:1

480:10significant 40:3

378:6 454:4significantly 457:6silence 340:10Silverstein 1:17

18:16 23:11,12,1924:13,16,20 25:425:8,20 26:8,1226:20 55:20,21,2256:12,21 58:3,1259:3 92:19 163:12163:13,16 164:8164:21 165:2,15165:22 166:6,9167:2,5,12 168:1168:5,8,11 169:5169:12 241:11324:3 330:16,18331:14,18,22332:21 333:4,22334:22 335:3,13336:8,11 337:3,18338:20 339:2,15339:20 340:6,8,13340:18,22 342:19343:4 350:14,15350:20 351:5,10351:15,21 352:2,8352:13,17,22353:4,8,11 445:2445:3,6,9,17446:13 447:14448:4 449:2483:14,15

Silverstein's 38:3similar 27:1 39:5

89:12 100:12102:11 455:6475:2

similarly 155:21simple 290:17

291:20simpler 290:18simply 24:4 388:6

393:8 458:3

474:14 477:11480:14,22

simultaneously262:3

sincerity 323:6singular 44:4sir 77:11 78:18

79:5 92:20 110:10163:15 175:9235:5 239:18252:17 255:17256:12,12 266:20285:19 286:11295:2 435:17,22436:6

sit 190:14 235:21343:15

site 131:18sitting 343:16,20

445:10situation 258:21

289:10 315:9331:2 345:13369:17

situations 317:17six 65:5 78:11

281:10,15,19324:10 347:9349:17 367:6414:18,19 417:6473:18

sixth 117:5 312:13Sixty 204:7Sixty-eight 104:7sky 10:5 52:2sleep 11:18 16:11

238:10 304:20,22322:13,15 342:5,7344:6,9 357:13432:18

sleeper 342:2sleeping 432:16sleeps 12:2slightly 114:21

115:7 400:22slow 98:2,16 99:4

99:11,20 102:19134:13,21 360:21368:19 369:11371:2

smack 334:1small 71:4 205:18smart 156:17

458:22 472:7smarter 434:12smash 113:2snap 391:13sneak 279:21software 231:12

260:20sold 455:6solely 21:14,22solemnly 60:16

85:5 175:10227:11 295:19354:14 437:6

solution 80:7,20452:13 479:2

solutions 285:16,19solve 433:11somebody 96:2

113:7 166:14172:2,3 211:20238:8,17 247:6255:14 277:21283:6 290:4 291:2

Someone's 462:6somewhat 6:15

118:12,14 353:5379:13

soon 228:12 236:12SOP 198:14,21

199:20sorry 30:7 32:2,6

49:9 94:2 109:1134:16 150:6151:5 154:2 161:5180:15 195:13197:1 207:20224:17 236:5241:11 246:17269:3 330:2 333:2


335:6 352:5,15372:16 387:6,6406:22 434:21436:6 463:3

sort 19:7,14 20:1857:8 73:19 79:879:12 80:15 89:1898:13 100:15102:18 116:16121:20 122:2,7135:3 136:21166:22 168:20173:6,19 174:2250:22 303:14305:6,18 307:6310:5,15 315:20318:3 325:1 326:1344:1 350:2 399:6435:13

sound 8:2,6 9:2011:14 12:7,1213:2,6,13 14:1418:22 20:18 23:1623:17 24:4 27:327:22 33:14 36:249:18 51:6 53:1154:11 61:21 63:963:10,13 64:12,1767:22 73:18 76:579:12 80:22 81:482:10 84:3,5,685:22 86:8,1190:22 94:11,19,1996:3,17 97:798:10,21 99:8,16102:19 104:14105:5,12 108:15109:12 111:2113:18 116:5,15117:8 119:17120:6 122:5123:16,19 124:6124:11 129:3131:3,11 132:20135:4 136:6,7141:17 144:3

148:17 152:21163:19 164:18166:1 169:15170:4 171:6172:11 174:2176:15 182:5185:19 187:18189:19 190:6195:8 196:2,6198:17 199:4,6200:2 211:17,19213:5,7,8 214:1221:9 222:16223:7 228:9 231:4231:7,14 238:14239:20,22 247:13247:21 248:16,19252:19 253:3,10253:16 256:10,11257:3 258:2,14259:17 264:8266:5 267:15270:8 273:2,16274:2,3 275:9,11275:14,20 277:3277:20 278:14,20280:8,10 282:3,13282:13 287:20291:14 293:4294:11 305:16,17305:21 306:6,10306:21 308:14309:9 313:20314:2,7 321:16329:2 339:20342:1 343:8 345:9352:20 353:19,20356:18 357:16358:17 360:16,16362:20,22 371:19371:20 374:8384:18 388:10,13389:10 390:4,5,11391:2 392:15393:9,12,22395:20 396:9

399:19 400:13426:22 431:1440:2,14 441:17442:2 445:15449:20 451:2,15452:5,7 455:22458:19 459:7,9460:17,18 462:10462:16 463:1469:13 475:22476:4,8

sound's 339:22sounded 138:2

305:18sounds 24:5,7 36:4

105:8 125:1,1,3132:9,11,13136:13,15 148:19151:15,20 183:12193:19 214:11215:8 319:8322:18 323:17442:10 446:1471:20

sour 272:15source 54:11 87:7

92:15,16 93:1,493:11,12,12,17,1993:22 94:1,4,996:13 102:8,22106:9 131:3132:20 133:19138:17 140:3,4,6140:13 144:3,16146:16,19 147:3,3147:9 152:6,8,11153:9 154:1,5156:7,21 164:10164:19 165:7,8,10165:18,18 166:2183:1 262:5,6,21263:17,18,20278:15 279:9358:7 388:7 439:6439:7,10 441:3

sources 93:7 140:3

165:6 274:14Souse 333:19south 313:17

406:17 440:7southeast 309:5

379:5 390:12southwest 406:17space 7:19 8:5

47:21 50:9 86:20302:18 308:15,21312:18 327:2454:3

spaces 326:14453:21

span 101:16Spanish 194:4spatially 32:15speak 82:5,11

175:8 285:3speaker 382:17

394:15,21speakers 102:15

152:19 196:12197:7 241:16

speaking 36:1 97:3393:19 424:16460:19

speaks 129:21special 51:5,9

54:16specific 64:3 78:1

97:21 189:11316:5,7 388:5

specifically 130:6261:1 366:21450:7

specified 57:18spectrum 124:19speculate 74:12

233:4speculated 76:15speculating 282:5speculation 53:19speed 5:16 43:4

228:13spell 175:18 298:16

298:18 354:22437:13

spend 272:17 463:6spent 238:7 323:4

458:2 461:10spike 99:13spinning 247:11spirit 57:20split 381:3spoke 16:4,15

25:12 236:10297:5 360:14457:8

spokes 57:11,11,12spot 109:21 110:3

161:13 358:11371:5 377:22

spread 110:4 111:1249:3

Sprint 334:14square 331:8

336:22St 332:10staff 61:14 207:21

209:15 289:1staffer 471:21stage 161:12stamp 42:22stand 15:1 21:3

34:1 85:2 320:18331:11 365:15398:19 464:2

standard 149:10199:20 244:22432:18 454:10

standards 82:2422:13 423:3

standing 18:11,1723:5 33:12 34:12161:8,13 255:8329:10 331:20354:13 360:10382:14,15 400:11445:8

standpoint 33:18132:8 136:9


156:16 407:10stars 315:16start 3:7,22 4:12

5:6 127:17 163:17177:5 188:21202:20 298:14307:14 325:11330:17 355:18369:8 381:7383:20 403:10,10417:3 457:10

started 20:8 46:7107:10 234:19251:5,6 296:11304:14 356:9360:13 438:6459:20

state 3:1 57:5 61:1175:18 240:20354:22 437:13457:14 474:15

stated 16:17 22:1228:10 58:21112:12 466:11

statement 16:1830:20 109:14147:4 244:3274:13 362:1387:20 428:1442:5 456:6465:16,19,20466:11 472:5480:10 482:9

statements 4:126:13 10:17,18315:5 480:22

states 72:2 288:11stating 244:16stations 152:15statistics 446:14status 1:7 2:22

350:3statute 115:15

116:3 119:7,13453:3

stay 179:12 210:7

241:6 380:21396:22 432:4

stayed 177:19,21staying 217:20

353:17stays 89:5 146:19steady 140:4step 89:22 174:7

225:5steps 72:22 73:12

274:5 323:12stereo 73:21 283:8stereos 53:12Steve 462:20Steven 2:12 16:15

179:9 190:12227:7,20 306:14308:3 309:20312:9

Steven's 308:8stick 224:19sticking 122:17

482:10stipulate 28:12

29:3 30:1 117:1208:22

stipulated 41:7,941:15

stipulation 40:13stood 22:20 34:17

49:3 385:15stop 9:18 87:2

201:4,5,7 233:7303:22 462:13

stopped 242:2248:6

stories 13:1 27:1527:17 38:5,7,8,1049:20 56:5 303:22

storm 432:12,13story 50:9 313:6

351:2 448:11,11straight 45:21

167:13strategy 358:10street 1:7,13 2:6

18:7 19:5,18,2020:3,4,6,17,2121:5,8 24:7,1225:5,7 27:3 28:2029:18 33:5,7 34:634:20,21 35:3,441:10,19 46:2,4,846:17,20 47:1,547:19 48:5 50:850:12 56:4,758:22 89:3 121:9140:18 176:12181:6 183:2,6,7214:15 228:1303:20 304:2308:16,17,22309:3 313:11,18328:4 329:22330:3 332:6,20,22333:9 334:15336:22 337:2,22338:4 339:7,19340:5 348:13351:9,11,13 355:4357:4,5 358:3,6379:17 385:7,9,11386:2,3 388:13389:8 390:1,4,7414:9 416:7417:11 433:5437:17 438:7,11439:1,5,10,12,13439:15 440:7,13441:3,4 442:15,18448:7,7,20 449:14462:2,3,21

streets 328:5stressful 305:14strict 288:19 459:6strictly 128:22

288:22strike 467:15stringent 239:3strip 458:18stripper 335:15strong 355:8

structures 336:14struggling 368:21

397:8stubborn 447:12studies 441:17study 258:11stuff 104:22 166:14

310:6 317:21323:11 324:1338:2 409:4

stunned 239:15sub-woofer 394:16subject 452:19subjective 454:22submit 274:18

296:17,21 361:22364:19 365:6,13393:5 469:9

submitted 10:1913:20 42:18270:12 296:13,13299:8,17 301:17365:15 366:4437:22 481:1

submitting 274:20363:3 474:11

subsequent 199:18subsequently 63:1

64:14substantial 302:20

303:3substantially

149:19subsume 410:7subsumes 411:8subtract 149:16subtracting 165:13suburban 284:1successor 451:5sudden 236:13,19

241:20suffering 14:9sufficient 11:9

314:21 402:18suggest 55:3 372:21

482:4

suggested 305:16suggesting 369:16

451:9suggests 42:3sum 14:2summarize 15:10

15:18 79:9 300:14summary 22:1summation 8:12summer 7:20 9:18

14:12 16:10 17:1018:13,20 19:826:7 447:15

summertime315:14 319:3343:17

sun 319:10Sunday 438:3,5,9

440:16,22super 433:17superseded 8:13superseding 66:18

68:8 230:18supervises 356:13

356:13supervisor 369:15supplies 266:11support 74:19supported 81:22suppose 72:12supposed 73:12

75:19 127:13238:10 264:19265:5 311:17384:19 396:5417:14 458:15

suppressor 265:1266:6

sure 4:8 15:1240:14 43:6 64:871:7 78:22 83:284:3 90:18 91:1103:11 122:12125:22 128:10,11145:21 154:3177:6 181:9,10,11


185:13 189:6,7190:13 204:1210:19,22 212:9226:19 231:2,8234:9 251:8258:20 260:7,9262:1 279:17288:21 293:7,14294:16 295:15296:7,19 298:1316:2 324:3330:11 331:3344:14 375:13391:14 392:21394:3 395:15400:9 401:13410:17 421:6,8,15428:17 429:12,18453:6 464:11467:5 468:4469:22 472:10484:4

surprise 423:15,18surprised 240:21surprising 245:19surrounding 40:1

122:4 192:21304:8

survey 102:3358:18

surveyed 357:2Sushi 328:15suspend 14:8sustain 54:1sweeten 272:2sweeter 259:2,3,18switch 3:20sworn 480:10,21system 72:18 73:21

86:10 90:1 170:5189:19 190:19,22191:5 195:7,8196:3,7,8 198:9199:9,12,14,22211:17,19 213:5,8213:8 216:17

217:9,15,16 231:5247:13 249:22264:8 287:20452:8

systems 195:8452:6

TT-0 141:3 142:20T-X 141:4 142:20t/a 1:6tab 244:9 376:13

376:13table 91:13 92:8

123:17 124:1130:4,5,10 134:11134:15,16 135:6135:15 139:2,7141:16 142:8145:3 147:19148:5 149:1 150:2150:5,10 157:19157:21,22 360:3418:4,6

tacos 268:22take 45:21 46:1,4

52:7,12 69:1571:19 72:22 73:1286:7 88:3,4,1895:3,7 96:1,997:12 100:9113:17 115:21116:22 135:11149:12,15 157:17157:20 188:5,16193:9 206:15211:1 224:5225:10,14 226:17250:1 273:17274:5 278:12284:6 290:12362:16 370:13375:3 383:21389:5 393:2 401:5418:13 421:5450:10 451:19

456:21 473:3475:15 483:6

taken 12:20 53:1864:18 69:20100:13,14 115:14134:13,18 135:6,7138:12 162:9176:16 178:7203:3 247:2 249:9254:10,14,17311:2 362:19368:18 381:15393:17 398:13399:16 404:10415:8,9 425:16,18425:18 427:13,17427:18 428:20431:5,6 457:8,12457:15

takes 19:17 154:20214:10 294:17390:16

talk 124:22 183:9184:9,11 224:2,8246:18 296:7317:15 328:2353:13 365:21366:21 377:14380:6 396:13447:10 448:2457:20 458:16462:22 467:17477:9

talked 125:15170:9 184:10,19220:13 276:21356:11 435:10,12472:8

talking 40:11 46:1570:12 110:20116:14 118:11121:3 166:13173:18 182:14183:18 188:21224:5 243:6,11259:2,15,16

260:18 262:2275:5 285:2 321:9325:11 328:8329:3,22 343:21352:2 369:9384:12 396:2,5397:16 408:15426:1 450:3 461:5

talks 57:1 72:17,1772:22 362:10

tall 27:12 38:4,2148:18 350:20

taller 26:13,1738:22 39:7,1440:2 48:14

Tapas 336:1taper 36:3tapered 36:5,8,15task 9:4,5 234:12

278:8 320:12373:5 452:17

Tax 423:8,13455:13

team 71:8technical 213:21

291:10 395:20technically 374:6technician 201:7

280:19 287:19289:6,14,20290:20

technology 283:16283:17 459:7

telephonically16:15

television 344:2tell 11:11 15:9 24:9

48:13 70:9 85:16106:22 113:18114:8 120:14122:3,21 123:3140:17 166:19168:12 182:11187:11 190:21214:3 220:6 221:9223:14 224:2,12

232:21 236:16238:8,14 241:13244:8 246:4 250:8268:1 281:20301:22 308:10,11309:13 312:8,18321:11 325:4331:6 337:21355:15 356:19357:9 378:18386:15,16 390:6399:8 406:1416:20 437:18478:12

telling 132:11213:10 311:9426:15 471:15

tells 98:15ten 17:19 45:2

57:10,11,12102:14 109:11110:3,22 223:1225:10,11 249:3308:5 345:6417:11 448:11

tenant 474:7tenants 346:18tend 173:4tended 102:1tends 151:22term 71:15terminated 7:8termination 66:3terminology 42:12

64:16terms 78:12 82:9

89:10 99:3 126:22133:2,10 135:1155:7 157:8159:15 201:10252:18 320:6337:1 347:19374:6 434:16446:22

terrace 88:14,1796:8 116:9 117:8


118:13 119:19120:16 121:16,19122:10 130:7142:9 148:6166:20 167:16179:13 308:13,18312:14 343:14379:2,12 380:7384:1,4,16 387:16388:19,20,21391:8 392:13393:18,18 398:13404:1 410:12

terrain 357:2terror 461:22test 84:7 107:1

108:16 126:8,11126:19 145:2,7157:11 166:1170:10 171:16177:2 178:19187:18,20 190:10202:2 228:9230:14,17 239:22248:6,7 252:20256:11 278:14,15279:16 305:17306:10,11,14307:7,13 309:9314:7

tested 235:3,7372:20

testified 248:17253:10 312:9360:22 394:10398:15 421:16427:1 446:6 454:5458:6 469:6479:12,16

testifies 80:10192:10

testify 6:7 10:711:19 12:3 13:913:14 84:15 361:5361:10 394:14461:21 469:1

474:2 477:12479:15 480:8

testifying 363:20378:6 399:7

testimony 8:1,513:7 15:3 22:1340:16 42:8 45:760:16 65:21 74:485:5 115:22117:15 175:4,11219:2 227:11270:17,18 286:10286:20,21 287:8295:20 320:5330:21 353:9,18354:15 364:9,10367:4 397:12398:1,18 400:20404:3 435:21437:6 439:9 451:9451:17 452:5476:2

testing 8:14 63:1365:3 66:4,10 69:273:18 81:14,16107:1 119:7126:18 170:6228:20,22 229:5229:11,18 230:5231:17 232:4235:16 247:22260:2 262:4 314:2329:3

tests 75:13 88:22305:21,22 321:10389:22

Thai 334:13thank 3:5 9:15

14:17 15:7,1522:5 23:9,10,1227:2 30:6 31:1740:5,6,7,7,9 55:1559:3,7,18,19 60:360:6,8,20 68:369:9 71:4 75:1,978:19,20 83:17

84:18,20 85:993:21 94:15 96:11107:18 118:9120:3 122:19125:21 163:9,10163:11,13,14169:15 174:5,8175:15 186:1,15193:22 195:5213:14,16,20215:17 218:12225:3,4 226:11227:15 241:9246:11 269:1276:17,18,19280:18 283:12,14286:6 287:13292:5 293:11294:20,22,22295:2 296:2 299:6319:22 330:9,9,13330:14,15,18,20342:19,20,21346:9 348:2349:21 353:8,9,10353:16,17,17354:19 360:6374:9,12 381:21390:18,20 405:3407:9 416:2421:14 425:13429:6,21,21435:19,20 436:2437:10 438:19444:20 445:3449:3,4,7 450:14450:20 457:1,2,3464:8,9 481:12,13482:7,9,11,13483:22 484:1,6

thanks 3:18 84:18252:7 435:16

theirs 47:14them's 61:20thick 242:4thing 21:18 51:5

89:14 90:5 102:11116:20 140:5153:7 157:2 173:6188:3,15 212:10215:9,12 224:11226:8 239:17262:8 283:2292:11 304:19305:2,8,11 310:15312:22 318:5,16341:11 342:12,14357:1 378:10382:11 389:1446:3 448:5 456:7458:22 463:7464:19

things 5:16 43:4,1553:12 89:13136:18 138:12152:8,17 156:4160:22 166:12217:12 232:7239:9 244:14246:7 248:4272:15,19,20273:3,3 316:3321:17,22 329:6336:13 351:6,15353:2,6 360:20362:10 364:6374:7 375:4385:10 396:10,10435:15 446:2459:13 463:21465:3 468:19472:16

think 3:11 4:3 11:811:9 27:7 28:1229:1 38:2 42:2,1043:5 49:4 53:1,1053:13,19 54:15,2054:20 55:9 56:2057:3,22 62:171:13 73:3 94:1397:19 106:1113:19 114:10

117:20 118:19119:11 120:16121:10,16 127:3156:15 158:8159:13 162:17163:9 166:5 174:6174:9,10 184:17186:8 220:20224:15 226:4,13229:8 233:3,15238:11 239:2241:14 242:2,12242:15,21 243:5243:10 251:18,19253:19 259:10261:10 268:18,20270:3,6 284:21285:1,6,21 289:19290:14 293:22294:19 300:5,8302:8 305:9,15308:2 309:18311:2,18 314:4,11314:18 316:7,11316:18 317:7320:3 321:20323:1,12,21324:16,22 326:9326:11 328:16329:2 330:21337:14 339:10,13343:4 346:21347:1 348:6 349:8349:17 350:7,13364:13 366:12,15366:15 368:11369:21 373:5,9,13374:2 376:3,16377:7 378:9 379:2380:19,20 382:22396:3,13 397:16397:17 400:20407:17 413:2419:5 424:4 425:5425:8 434:9435:18 437:19


439:20 444:19445:19 448:18450:1,15,16453:12 454:16455:2,5,12 456:5458:8 461:15462:14 463:9,10463:13 467:4468:11 471:1472:4 473:8479:11 480:4,13481:15,16

thinking 157:6159:7 161:8 168:3

third 9:22 38:12,1367:11,12 103:11314:4,6 333:16399:12,13 404:21407:5,8

thought 30:10107:22 145:1159:15 249:18253:9 293:19307:11 310:2318:9 375:18,20376:17,18 418:18426:5

three 5:12,13 12:2013:1 49:19 50:1756:5 67:21 71:2,371:19 91:14 93:1097:3,4 100:18,20107:15 110:9,10110:12 112:14115:15 161:3,22162:5,12 163:1171:10 172:3190:11 195:19,20204:22 205:2232:15 241:18251:4,19,21,21254:10,17 258:6259:4 267:8 271:6303:8,16 306:18326:5 332:3333:11 349:9

356:20 360:18370:16 371:13378:4 393:3 401:8401:10 409:15411:9 414:18423:21 424:1,3436:9 452:5

threshold 288:1289:7,15 291:5

thresholds 291:22throw 246:20

463:11throwing 328:18Thursday 194:12

194:15 234:17ticket 292:19ticketed 235:1time 11:20 14:22

21:11 22:16 24:1033:13 54:21 63:863:19 64:16,1765:2 74:14 76:8,876:15 77:9,1979:21 86:7 90:1395:3,8,19 98:1099:18,20 101:9116:21 117:16125:8 138:13139:5,7 140:1,10140:19 141:3,4142:20,20,20143:7,17,19 144:1144:4,18,20 145:6151:13 153:16158:20 161:10171:5 179:11,15181:7,19,20182:10 185:20187:12 193:11,12203:21 205:11,14205:21 211:3212:20 213:3220:16 223:16226:13,15 228:21230:3 232:18233:8 240:19,22

247:3 252:14,18253:17,18 272:18276:13 304:14305:3 316:15319:7 321:20322:9 323:4 338:8345:18 353:21354:8 367:12,16377:5 389:2,22408:15 415:14416:1 426:9 428:9430:8 434:1 436:4436:15 440:8449:10 450:21451:3 458:1460:13 461:5,10461:17,18 472:18479:10,17,20

times 17:21 18:221:13 44:16 98:1199:18 100:1131:10,19 182:12210:2 220:1,2,4,5220:6,7 314:12367:7 384:2,7415:19 438:1

timing 7:5tiny 448:9title 227:18 470:19

470:21 471:3,5,7471:8

today 5:4 74:383:20 187:17270:2,15 271:20286:14 302:2320:18 362:11396:12 398:18412:1 445:22463:4 483:20

told 108:8 170:15185:17 190:19213:4 220:16232:6 235:13241:22 257:4258:15 273:10314:19 344:22

395:14tone 125:7tones 125:10tonight 185:15

212:12 214:20481:20

tool 262:7top 33:19 35:14

54:9 70:19 84:484:10 190:12334:10,18 413:19444:11 452:7

topic 422:9tops 447:16torture 435:14torturous 435:22total 4:22 14:22

17:19 349:9touch 208:22 209:3tough 482:12town 313:3townhouses 251:15trace 438:10

442:15track 49:18trading 226:2

482:22traffic 89:4 101:19

104:12,21 123:7143:11 151:18415:6 420:4428:14

trained 209:11355:5

training 51:5,9,1354:17 291:15

translating 208:2transmission

152:22transmitted 90:7trash 166:15 189:7

328:7 340:14,16341:5

travel 309:16traveling 328:20travels 442:8

treated 475:2480:20

treating 480:12,22trial 142:16 248:2

271:18 273:7trials 142:14,16,17

272:18triangle 37:12,13

341:2,4triangular 37:16trickier 288:17tried 3:2 4:5 216:9

231:3 237:15371:19 372:12

trip 333:2 460:12triple 433:17trouble 368:13

397:3troubleshooting

291:7troublesome 74:17truck 89:15 139:13

140:18trucks 328:7

340:14,16,22341:5

true 63:3 74:7287:10 304:1371:8 426:8474:10

truly 454:16trust 286:22 412:14truth 15:4,4,5

60:17,18,18 85:685:7,7 175:12,12175:13 227:12,13227:13 295:21,21295:22 354:16,16354:17 437:7,8,8

truthfully 343:19try 3:4 5:16 27:17

42:9 43:4 89:11106:16 123:8168:20 184:19220:12,14,14,19221:4 246:2


251:11 283:22363:7 435:13441:21 454:12

trying 11:18 31:1543:19 79:19 89:1889:20 102:13113:22 116:3118:10 126:14132:16 138:2140:8 155:4156:18 164:13165:8 171:14222:13 228:11230:3 233:12251:16,16 257:7258:22 263:9264:10,15 270:22272:2,4,6 277:1279:18 280:2,3290:10 310:5320:7 324:12341:3 344:8 387:1387:2,3,17 389:9391:12 392:8396:4,13 415:12417:2 418:11444:15 453:5461:11 467:1

Tuesday 16:14tune 291:8turn 93:11 154:14

197:3,3,8 198:9199:8 208:14209:20 210:12211:4,6,8 212:3237:15 239:20245:19 254:6262:8 265:15266:18 331:22345:4 383:12386:4 401:13433:5 465:13

turned 47:10104:11 107:11118:18 159:14268:5,6,10 345:6

377:22 382:11450:1

turning 89:22112:2 152:10207:3 461:6

turntables 262:14tutorial 169:15TVs 53:12Twenty 121:10twice 194:16 453:4

463:9two 12:11 15:22

27:7 28:15 36:2039:12 43:22 46:2247:1 48:7 59:2167:15,17,19 72:2188:16 93:5,7,13123:22 138:13157:4 160:20165:6 179:17181:6 195:11211:15,15 228:4251:20,20 259:14298:4 303:8,11321:2 329:6 346:6349:9 358:1 365:8376:12,13 377:19378:4,6 387:16392:4 395:5398:11 400:8401:18 414:17,19415:22 416:9417:6 418:12,19419:6,22 420:4,9422:12 424:8430:3,6 433:4,8434:17 436:5,11452:15,21 477:9479:15

type 17:21 19:1389:12 93:8 94:2194:21 95:1 97:897:11,13,14,1698:14 99:19152:21 153:13,19156:5 194:1 196:8

206:2 363:1 370:4types 125:16typical 87:3 89:18

123:9 173:10174:2 175:1

typically 187:21261:14

UU.S 355:6ultimately 9:7

299:2 307:5unable 463:3unannounced

234:21unbeknownst

283:7uncomfortable

73:2,20uncontrolled

447:17underground

329:18underneath 41:13understand 5:21

13:22 31:15 53:1172:2 75:11 79:19105:14 121:2130:11 132:16136:18 156:18159:5 160:20161:6 180:17196:22 216:21217:1,5 222:13242:17 243:12256:8 264:10268:15,19,20277:1,12 279:19280:1,2,4,9 290:3303:6 320:6,13,21326:17 329:17331:1 364:2 387:4387:5,17 396:5,12400:21 401:3407:4 418:11427:9

understanding25:12 41:2 53:1361:17 73:10,14,1775:16,21 76:178:15 128:9158:20 170:18250:16 290:13307:1 324:19365:1 427:6459:20

understands 331:4374:17 469:14

understood 37:5,958:15 75:11108:14 134:8135:5 140:12142:6 147:7148:11 205:20292:13 311:10314:7 325:20388:2 411:7426:14 428:11472:1

undertook 63:9441:20

unfamiliar 302:11unfortunately 7:4

227:4 307:16,20433:9 477:8

unique 440:9unit 8:19 88:14

120:10,10,15,19120:19 121:2,7,8121:13 122:6130:6 132:10142:9 148:6 150:5150:12 166:13167:20 233:10,11298:22 308:12,13309:10 312:11313:2,8,22 343:12431:20

units 87:16 88:1388:16 90:2,1196:7 119:12122:11 129:8,9,11

141:21 166:3312:7,20 313:7,12314:3 327:21328:1 329:12332:3 340:3

unobstructed121:19

unrealistic 319:4unreasonable

71:14 240:5unusual 89:9,14unweighted 149:9unworkable 14:16updated 79:17upper 27:11,17

170:18upset 79:13 285:5upsets 285:8upstairs 184:9

187:22 196:7232:9,11 238:10249:16 260:4336:2 367:17

uptick 304:10urban 283:20 284:2use 14:14 61:9

79:11 89:17 98:16182:1 189:12198:19 203:22206:7,8,12 257:20331:19 369:16370:15 371:2,16371:19 372:5,9,14372:17

uses 263:22usually 4:20 198:19

251:14

VVA 446:5Valentine 179:7,16

184:4,6 187:4Valentine's 177:10

177:12Valentines 308:4value 158:13,14,15


158:16 159:2,6,10289:8 373:9374:16 395:10421:19 422:19423:12 427:10,12432:5

valued 423:7values 14:5 92:8,9

139:2 141:10149:5 371:4422:15 447:10454:15,19 455:2463:11

varies 143:7 476:1various 23:14 78:7

123:4,4vary 39:9 123:7

371:17varying 87:7 89:2

101:8 140:3,6vehicles 125:7vein 156:16ventilation 90:1venue 179:14verbal 270:14verbatim 15:17verification 274:16

276:3verify 275:17

383:19version 72:15 98:3

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299:1 303:5video 11:12 247:2

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viewed 374:13,14violate 462:12violated 71:21violates 14:3

462:19violating 241:22violation 56:16

72:10 74:8,9 83:183:1,3,7 94:5109:16,18 110:4159:9 171:3235:11 311:14363:3 416:11,22417:6 444:13453:1,2 456:4458:9 463:15

violations 83:13234:22 248:10,12417:3

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violet 418:8virtue 344:18visible 390:4vision 393:20visit 59:11visited 49:13

358:15 367:2visits 45:3 49:17

366:22visual 42:3visually 400:2Visuals 331:11voice 119:21 164:3

296:10

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volunteer 457:11volunteers 457:11

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waited 98:3waive 482:2

wake 342:4,4wakeup 9:17walk 18:14 35:7

46:8,17 47:9 48:7188:22 275:2329:8 331:5,5334:16 419:1

walked 18:20 19:919:21 20:5 22:1323:15 35:9,19199:6 276:14379:11 441:2

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wanted 28:3 81:22154:10 190:3199:10 228:22287:14 298:1305:3,6 310:17421:6 427:2,20429:12,12,18432:4

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waste 54:21watch 378:4wave 355:8way 5:17 35:19,19

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we're 6:14 15:1928:13 40:14 68:11101:19 104:20110:20 116:14117:4 149:8170:13,15 174:14182:13 183:18187:13 193:9,12218:17 219:10226:4,10 234:18238:4,5,21,22239:2 241:22242:18 243:11248:10,11 251:15251:16 252:2258:13 259:2,16272:6 279:18

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100 168:2 235:17315:10 347:16358:16 370:21372:5

101 10:8 99:13367:22 379:22394:12

101.8 394:12102 140:15103 12:911 179:4 194:12

351:311:00 341:2211:45 428:2111th 16:1412 215:8 382:2212:00 145:8 147:10

194:12

12:30 145:12,14,16145:19 384:3,15

12:45 384:41200 19:18,20

24:11125 125:412th 42:22 299:1713 2:4 88:13 120:10

120:19 121:2,6,7313:22 351:2,3417:10

13-PRO-00132226:1

13-PRO-00151 1:915:21 482:20

130 370:21 372:91325 28:20 41:18

355:4 437:171335 44:314 273:1414th 1:1315 176:8 189:6

313:8 326:22327:1 329:12361:3

150 168:2,4 315:10347:14,21

15th 17:19 352:13160 113:4 114:9

116:14,18 167:9255:10 259:6460:15

17th 68:618 28:20 40:18

56:22 336:221800 18:7 20:6,21

25:1 47:61812 333:91813 1:7 2:6 33:4,6

33:20 34:6,20,2135:4,15,19 38:338:21 39:7,1340:2,2 176:10,12227:22 448:7

1819 335:141830 25:17 37:4

40:19 44:11835 181:518th 19:4 20:4 21:5

24:7 25:3,5,728:20 41:18 46:2047:1,5,18 50:8181:5 304:5308:21 309:2324:5,9 327:11332:20 333:2,7,9334:3,15 336:19336:20 339:7340:5 347:15351:13,20 355:4357:5 358:3,6385:9,10 386:2,3388:12 390:1,3,6416:7 417:10437:17 438:11439:1,10,11,13,15440:13 441:3,4442:15,18 449:14462:2

19 1:11 273:11336:22

1900 20:161974 458:101995 284:11,1219th 1:6 19:18,20

19:21 20:3,1224:12 25:2 46:2,4332:5,7,22 336:5352:1 379:16389:8 482:21

22 32:12,17,20 33:2

33:8 38:18 40:1242:1 45:14 57:165:19,21 68:595:1 97:13,16123:17 135:15143:13 144:20145:19 147:19149:1 150:2,11157:20,21 341:13

341:13 348:8349:15 363:1370:11 411:11457:17 470:15,18

2:00 65:16 101:13183:14 215:11

2:10 416:82:30 183:14 195:1,22:35 195:220 88:14,14 120:11

120:16 121:8130:6 132:10142:9 148:6 150:5150:12 181:8187:7 233:8298:22 323:8361:3 471:7,8

2000 1:132007 302:62009 302:82010 3:11 12:12

63:5 64:9 68:676:6,9,18 77:1085:22 95:11108:16 117:22120:7 126:2 130:4158:14,21 160:6,7160:13 162:10,20170:3 171:16176:16 198:18200:3 201:19202:2 228:9 229:5230:11,15 252:19252:22 253:7,12254:3,21 257:12258:5 259:5267:17 269:19,22271:7,12 273:16303:2 325:10482:18 483:3,21

2011 66:3,11 67:268:9 69:10 178:17179:2,7 185:3,7187:2,12 220:19230:18 307:18311:9 314:10


325:10 443:8444:11

2012 76:19 180:10187:5 443:1

2013 1:11 69:16180:13,15,17187:5,6 444:8

2014 16:3,14 76:19160:14 187:7254:2,16 256:11258:6,14,16267:18 269:22270:13 271:7,12273:16 299:17

20th 17:16,18179:18 181:21185:1,10 211:16212:6 322:3

22 13:13 44:222nd 415:823 45:4,7 313:8

470:2123rd 415:1824th 415:19 416:825 355:5 470:19

471:325-725 68:16250 347:1627 68:9 85:22 95:1127th 63:17 64:9

67:2 76:6,9 126:2130:4

28th 226:329 414:92B 1:8 2:72B-02 61:52B-06 62:19,222nd 178:15 444:7

33 65:19 115:5

143:13 144:20145:19 147:11163:22 322:10411:12 457:17470:18 471:4

3.3 12:103.6 370:83:00 11:19 65:1630 12:21 50:20 66:3

85:19 116:15148:1 181:8183:15 370:21383:4,6 432:17,17432:19

300 347:1630th 66:831st 66:1132 124:14,16 125:43rd 178:15

44 18:3 19:2 21:1

45:14 48:11 66:1867:3 68:13,14,1869:8 72:1 117:7130:14 132:6,17132:18 133:13158:14 162:10163:18 164:13179:2 416:10471:10,12

4.5 207:34:10 169:204:30 174:20 226:14:48 225:1840 12:21 50:21

224:12,13 308:16383:4,6

400 42:1 348:9,17348:21 349:10

405 482:17405b(13) 483:242 354:545 36:1047 174:174th 341:16

55 57:2 72:21 194:22

413:10,185:04 225:185:30 101:13

50 222:8 370:10,21372:5 386:5

500 169:658 16:2259 204:105th 16:3 425:16,19

427:11 443:1

66 17:460 13:5,12 22:19

23:1 70:13 71:1983:1 93:11,1394:1,3 95:14 97:1102:2,3,5 106:16107:13 108:2,9112:13 113:5114:21 115:3123:13 133:22134:6,7 140:16146:6 171:8 204:6204:10 220:21221:4 222:7,9,20223:1,11,21224:12 232:15,17233:1,22 234:6248:18 249:19254:11,14 258:4259:5,6 292:12458:12 460:17

61 146:6,18 147:3367:15

62 117:8 118:11145:4 146:4,5,18147:2 204:6,7,9204:11,14 221:4222:20 392:13

63 93:14 124:16134:1,7 147:2216:11 249:19259:6 379:15392:18 428:21

64 104:5,8 117:2142:11,15 147:1,1148:8

65 222:7 224:12

66 101:2168 94:8 101:20

104:4,13 123:6379:10

77:00 70:147:45 425:22 426:3

427:1170 97:2 105:18

106:5 107:5108:17 109:10111:3 140:16162:18 188:8214:8,16 222:8,22223:7,10 224:10249:2 372:4

700 7:18 58:4 221:1450:1

71 367:1072 94:973 174:18 379:1174 13:10 111:11

162:2275 97:2 214:9,16

224:1176 367:10

88 17:12 18:1 44:198:00 145:7,128:31 484:880 188:9 189:22

370:21,2182 13:1085 99:14 223:11,2086 201:16 202:21

203:1 309:1488 103:1 106:8,10

107:11 108:14109:9,16 111:3116:7,14 118:18156:8 158:9,11,12158:16 160:8,9,14160:15 161:2,20161:22 162:5,13162:16 170:21

171:2,16 188:9189:22 200:10,14200:17 201:12,13201:18 202:9,10202:20 203:1218:6 221:10,16222:3,5,18,21223:10 232:1,11248:17,22 249:1249:17 250:14,17259:20 260:2

89 188:9 189:2289394 1:8 2:78th 247:1 322:5

323:8 377:18378:15,15 393:14460:12

99 280:15,16 343:189:30 237:2190 4:22 12:8 84:6

91:22 96:18 97:497:5 173:9,22327:9 463:8483:22

92 86:12,14,1691:22 96:13,18111:6,13,17118:15 156:8158:15,20 159:6159:22 160:5,7,14161:1,10,20 162:2166:2 171:15187:18 201:20

9th 247:1 377:18378:16 384:8,12428:20 460:12

district of columbia + + + + + meeting room, reeves building, 2000 14th street n.w., washington,...

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