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Hearing video

ZBA Hearing - January 22, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 22, 20257h 43m

Thank you. Ben, did you hear my presentation to the board today?

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Yes, I did.

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You went accurate to the best of your knowledge?

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Yes.

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And you adopted as your own testimony?

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Yes, I have nothing further questions from the board.

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Yes, I have a question about the letter of support.

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I understand that it's contingent on the CBA, but could you walk us through what the votes were when you had the meeting?

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I didn't see any vote tally, but that was not provided to me by the RCO.

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okay so can i can i say something yes go ahead i mean i know that the vote was 20 to 20 in favor

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and five opposed there you go there's you know if the five opposed are people that live on the

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immediate block we didn't get that information no that has not been parsed but everyone on the

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immediate block who i believe initially had concerns about uh the operation are part of

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and parties of the CBA that is being crafted.

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I have personally been in contact with the leadership of the RCO

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and the immediate neighbors who had some concerns.

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All of their concerns have been met.

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Can you share what some of those concerns were

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and how their plan to be addressed?

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Sure.

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They wanted to make sure that the speakers that were outside

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would not face Fifth Street, that they would be turned.

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that they would be turned. We've agreed to do that. And they wanted to make sure that

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We've agreed to do that.

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and they want

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events with live music would be contained during certain hours by 9 p.m. We're containing that

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amplified music after nine o'clock per their request. Also, they want to make sure that that

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gate that I showed you earlier is closed most of the time, except for logistic reasons. And that

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That gate is, you know, very important for us to, you know, of course, have things come in and out.

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But other than that, the gate will be closed per their request.

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Closed but not locked?

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Just a clarification.

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Closed but not locked?

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Well, we wouldn't want to lock anybody in the building.

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No, no, no.

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But ultimately, it will be locked at night.

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But, yeah, closed because that was the issue.

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They wanted to make sure that the gate was closed so that if there was music,

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And mind you, the garden and the rest of the building is 120 feet from the sidewalk.

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It's rather deep.

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They just want to make sure that if there is any noise emanating from there, it doesn't come out onto the sidewalk, which is why they asked for the gates to be closed.

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And then for the events that you're planning to host, is there a plan to host events later than at 9 p.m. in time?

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Well, sure.

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But amplified music, if it would be past 9 p.m., it would then be contained to just the interior of the building, which is not an issue.

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Okay.

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And then are there any time and operation restrictions currently in plan, like hours of operation?

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Is there like, what's the latest that might run?

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Oh, I don't think it would last past midnight.

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And all of that is being worked out.

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we'll have a final cba yeah well cbas have nothing to do with us at the zoning board but

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we can that's correct hours of operation by proviso which is why i asked yep other questions

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questions from our attorney

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overwhelming majority of these events are events you know that are from those from those exact

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neighbors those neighbors are there that those events that's what they do questions or comments

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from the virtual audience planning commission do you want to vote today here i have a hand up

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by the name of brian walkins they have been promoted to panelists sure why could you please

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state your name and spell for the stenographer

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my name is brian watkins b-r-i-a-n w-a-t-k-i-n-s do you swear or affirm to tell the truth the

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whole truth nothing but the truth i do are you a neighbor yes directly directly across the street

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yeah thank you chair um this is the first that i'm hearing about uh events going on until midnight

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in their business plan and on their website and at the okna rco meetings they said that the

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events would end by 10 p.m and so this is the first i'm hearing about events potentially

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lasting until midnight i i need to clarify i threw that that time out obviously everything

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IS SUBJECT TO THE COMMUNITY BENEFITS AGREEMENT SO 10 P.M. IS WHAT WE'VE BEEN DISCUSSING WITH

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WITH THE TEAM AND 10 P.M. WILL BE IT I CAN CAN I MAKE SURE THAT THAT'S CLEAR BUT AND I THINK

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MR. RICEMAN WANT TO ADD SOMETHING AS WELL CAN I YEAH NO THE YOU KNOW WE'VE UM WE WE'VE BEEN DOING

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events that are indoors already that do go to midnight and they don't they don't bother anybody

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actually what we're talking about in the cba is just particularly amplified music that is um

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like downstairs and connected to the garden which is what okay so it bothers mr reissman let me do

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this why don't we let mr walkins finish mr walkins okay yeah um i only brought that up because of the

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board member had mentioned

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as the first of my knowledge about hours of operation and provisos.

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So I just was following up on what she said and what Vern had said earlier.

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Okay. Do you have anything else, Mr. Watkins?

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No. I mean, unless the board member... Are you in favor of this project,

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Mr. Watkins? No, I am not. I object.

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Mr. Watkins is part of the working group that we're putting together

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a community benefits agreement we wouldn't have done all of this through all this time and all

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We wouldn't have done all of this through all this time and all this effort working with Mr. Watkins.

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this effort okay working with

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So he's completely testifying to the exact opposite of what we've been doing since yesterday.

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OK, well, we appreciate that. And we hear his testimony. Is there anything else you have, Mr. Watkins?

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No, Mr. Chairman, I just heard you went across at night.

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Pardon? You went across Mr. Watkins.

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um no i mean he i mean if he had something to offer as far as exact evidence that

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this community this proposal would be any more impactful than any other he he would have provided

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it he didn't do that so thank you is there anyone else in the virtual audience yes chair i have a

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hand up by the name of chris giuseppe they have been promoted to penalist

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i could you please state your name and spell for the stenographer

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sir

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do we see do we see him yes chair he did join as a panelist i apologize i was muted

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please state your name and spell for the stenographer yes chris gillespie c h r i s

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g-i-l-l-e-s-p-i-e do you swear or affirm to tell the truth the whole truth nothing but the truth

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i do are you a neighbor i am please i live it thank you i live at 1340 north 5th street which

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is about half a block away from the moss building and i live on the same side as the garden um i

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submitted a letter in support and i just wanted to attend today to uh demonstrate the enthusiasm

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with which I support my comments in my letter,

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including specifically to the noise issue

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that current and past business practices

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at the Moss Building have necessitated evening events

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that have included amplified noises of all sorts,

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and they have never been a nuisance.

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And in fact, many of our neighbors

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have discussed enjoying them.

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I would also like to express that two of my neighbors

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who rent in 1338 North 5th Street could not attend either virtually in person, but also

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express their support for the Moss Building and its positive cultural impact on our neighborhood.

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Thank you so much. Thank you. Is there anyone else in the virtual audience? Yes, Chair. I have a

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hand up by the name of Catherine Tweek. They have been... Just one more, Chair, after this one.

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No problem. Could you please state your name and spell for the sonographer?

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hello hello thank you for your patience hi state your name and spell for the stenographer

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yes my name is katherine twig c-a-t-h-e-r-i-n-e last name t-w-i-g-g do you swear or affirm to

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tell the truth the whole truth nothing but the truth yes i do are you a neighbor yes are you in

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favor of the project? Yes, I am. Is there anything you can offer that hasn't already been offered?

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No. In addition, I briefly wanted to say that this project and the events held at the Moss

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Building do not adversely affect our community. To the contrary, denying this appeal would adversely

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affect our community. They are an asset. They are an important community space, and they have also

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been a very friendly and collaborative neighbor. I'm confident of their good faith in entering the

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community benefits agreement. They have taken great steps towards addressing any and all neighbor

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concerns that they've heard about. And I'm confident that any amplified sound issue around

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9 p.m. will be addressed. So I just wanted to speak in their support. Thank you very much for

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Columbus. Thank you. Planning Commission. Chair, I currently

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have three more hands up. Nicholas Swansman has been promoted

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to panelists. Okay, and you have two more after this, am I correct? Yes,

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Chair. Please state your name.

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Nicholas?

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Nicholas, please go to the next hand.

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Yes, sorry about that.

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Nicholas, could you please state your name and spell for the stenographer?

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Yes, my name is Nicholas Swasman, spelled N-I-C-H-O-L-A-S, last name S-C-H-W-A-S-M-A-N.

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes. Are you a neighbor? Yes. Are you in favor of this project or against? In favor. Thank you very much.

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Yes. Are you in favor of this project or against? In favor. Thank you very much for calling in. We

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appreciate it. Next hand, please. Chair, I have a hand up by the name of Michelle Lipson.

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They have been promoted to panelists. Hi, could you please state your name and spell for the

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stenographer? Hi, could you please state your name and spell for the stenographer?

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do you have another hand up yes chair please move on i have a hand up by the name of just

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pokes they have been allowed to speak i could you please state your name and spell for the

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stenographer

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the hand still up yes chair they came in as a penalist hi can you hear me

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hi could you please state your name is spelled for the stenographer my name is jeff peltz it's

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j-e-f-f-p as in peter e-l-t-z do you swear or affirm to tell the truth the whole truth nothing

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but the truth i do uh are you a neighbor i am i live directly across the street from the

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in favor of this project or against i am an i am in favor yes thank you very much for calling we

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appreciate it. Is there anyone else in the audience?

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Mr. Chair, I'm sorry. Michelle Lipson

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has been promoted to a panelist

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previously and she's ready

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to testify. Okay. Hi.

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Could you please

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state your name as Bell for the

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stenographer? Michelle Lipson

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M-I-C-H-E-L-L-E

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last name Lipson

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L-I-P-S-O-N. Do you swear

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or affirm to tell the truth, the whole truth, nothing

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but the truth? Yes.

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Are you a neighbor?

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I live about a block away.

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Are you in favor of this project or against?

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Yes, I'm for it.

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I think they're a very valuable community asset.

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And it would be a real tragedy to see anything damage this business.

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All right.

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Thank you very much for taking the time.

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Do we have any more hands?

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Yes, Chair.

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I have one more hand up by the name of Annie Moss.

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They have been promoted to penalist.

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Could you please state your name as spelled for the stenographer?

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Hi, could you please state your name and spell it for the stenographer?

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Any more hands up?

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No, Chair, I do not have any more hands up at this time.

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Hold on, is that Annie Moss?

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She's the RCO leadership with whom we're collaborating.

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Okay, could you please state your name and spell it for the stenographer?

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Unmute, please, Annie.

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Annie, you're muted.

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Okay, can you hear me now?

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I can.

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Could you please state your name and spell for the stenographer?

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Okay, my name is Annie Moss, M-O-S-S, my last name, with an R-C-O.

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All right, do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Are you in favor of this proctor or against it?

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With the CBA, yes.

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You're in favor of it?

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With the CBA.

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Thank you very much.

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I appreciate it.

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Do you have that listed, our concerns and what we agreed upon?

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We're holding that open.

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We're holding it open until the CBA is executed and delivered to the RCO for the RCO then to release their position.

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Yes.

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Yes, and I know that Mr. Watkins was concerned because of the 12 o'clock.

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That was something that was not discussed, and we weren't privileged.

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But our concern is only the outside music and live entertainment, especially after 9 p.m.

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Okay, thank you very much.

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Which will be contained.

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Mr. Chair, in closing, I just want to say, because of the overwhelming support of nearly everyone who lives around this property,

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