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Hearing video

ZBA Hearing - January 22, 2025

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

And in the time, and my primary responsibility

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as of lately is construction administration

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and code compliance review

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for life safety and ADA compliance.

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I also have experience in the role of field manager, project manager, and general contractor under our construction arm of the company.

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Thank you, Mr. Addis.

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I'd like to offer Mr. Addis as an expert in project management, and his exhibit is also included in Exhibit 18, or his resume.

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I'm sorry.

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Thank you.

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Mr. Addis, what is your role with this application?

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I'm the project manager on this project and tasked with putting together architectural drawings for building permit application.

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and this includes as-built verification, building code review, life safety analysis, and ADA accessibility compliance.

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Thank you. In addition to a zoning permit, can you explain some of the additional approvals and permits that will be required for the operation of this proposed use?

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Sure. So once the zoning permit is approved, the applicant applies for a building permit,

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which includes submitting architectural drawings complete with building code review to Philadelphia L&I for review and compliance with 2018 International Building Code.

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Once the building permit is approved, an initial inspection is scheduled with the city building inspector, and after passing, any approved scope can begin, and then following that, the contractor is required to schedule city inspections at the completion of each phase of work to continue.

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So then concurrently with the building permit being approved and being able to start construction, any additional MEP or fire alarm permits are submitted for review by the city.

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And then they have their own inspection requirements and they're reviewed under their own specific codes.

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And then at the time where all of the architectural and mechanical or engineering work is complete, you schedule a final inspection with the city building inspector.

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and any non-conforming or any issues that need to be addressed are addressed prior to the city

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issuing a certificate of occupancy at which point you could open your business. Thank you. Have you

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performed any preliminary investigations into whether the proposed use will comply if located

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within this building? Yes I've done a preliminary code review as well as a inspection on site and

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we've verified that there is existing one hour fire ratings minimum one hour fire ratings at the

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at all tenant walls between units. Thank you. Based on your understanding of the city code,

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can the proposed crematory use operate without the approvals demonstrating compliance with the

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building code? No. In your opinion, and based on your experience as the project manager overseeing

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compliance with the building code requirements proposed for the project, will the grant of the

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requested special exception cause a detrimental impact on the health, safety, or welfare of the

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neighborhood exceeding that, which normally might be expected from the proposed use.

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No.

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Thank you, Mr. Addis.

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Thank you.

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Next we'd like to ask a few questions of Mr. Mike Burwell, who's the CEO of American Crematory,

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which manufactures the equipment proposed to be used by the applicant.

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Could you speak a little bit more into the mic?

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Oh, sure.

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The architect, I can do fine, but it's hard to hear you.

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

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do we see him

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Okay.

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okay

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Sorry, Chair.

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He has been promoted to panelists.

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Thank you.

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Hi, sir.

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

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Michael Burwell, B-U-R-W-E-L-L.

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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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I do.

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Please proceed, counsel.

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Thank you.

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Mr. Burwell, would you please describe your professional background and experience?

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I have been manufacturing cremation equipment for both human and animals for the last 35 plus years.

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Thank you.

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We would like to offer Mr. Burwell as an expert in crematory equipment.

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Okay.

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Mr. Burwell, what type of equipment is intended to be used for cremation at this location?

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the equipment that we are proposing is a dual chamber machine specifically designed for pet

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cremation and we note a picture of that equipment is included in exhibit 15 on this on this that is

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correct that is our a250p-2 side-by-side thank you and where's the equipment manufactured

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all of our equipment is manufactured here in southern california

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Where is your equipment currently located and operating? What other states or locations do you operate in?

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Every single state across the U.S. plus countries across the globe.

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What is the environmental standard that the equipment is designed to meet?

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Well, we design and produce our equipment to meet a very stringent South Coast Air Quality Management District, which is SCAQMD.

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they're the most stringent air quality district in the nation. Most other agencies follow suit

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with whatever rules and requirements are handed down or implemented through South Coast.

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And our machines are built to exceed their requirements. Thank you. How are emissions

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from the cremation equipment controlled? The emissions are controlled by a secondary

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burner and an oxygen control system. Are you able to tell us a little bit, too,

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about the safety features included on the equipment that ensure the safety of the operator

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and the facility? Yeah, all of our equipment is built to UL, United Laboratory Standards,

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and NFPA, which is National Fire Protection Agency, 2790, which controls all of the fuel

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combustion process, implements all of the safeties so that all of the processes are met and safe

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and designed for a piece of equipment of this type. Thank you. Are you aware of any safety

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incidents or accidents resulting from the use or operation of the equipment proposed to be

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installed in this application no in your professional opinion given your experience

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installing and monitoring this equipment around the country uh will the grant of the requested

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special exception in any way cause a detrimental impact on the health safety and welfare of the

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neighborhood exceeding that which normally might be expected from this use no thank you mr burwell

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um we'd like to move our exhibits one through 18 into evidence and we're happy to take any

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additional questions from the board thank you um questions from the board sure um what animals

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what type of animals uh will you all be taken in we'll we'll take in any household pet animals

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any living creature most commonly are dogs and cats but any animal that comes to us is

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cremateable. And the second question is, what other businesses reside inside of the facility

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that you will be operating on? There is a limousine service and mechanic shop in one unit.

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there is a coffee machine repair company, there is a vacant space, there is a construction

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wood shop in one of the units, and then there is our units and urgent care on the far side.

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Thank you. I have a question. Actually, I have a few questions. When looking at sort of admission

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and emission regulations is there anything that's like in addition to the base code

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that's required uh for pet crematoriums uh no so the emissions of pet crematoriums are regulated

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No. So the emissions of pet crematoriums are regulated the same as other types of crematoriums, regardless of animal or human. And that's all regulated by Air Management Regulation 11, which also incorporates aspects of Regulation 6. We also have to comply with the Pennsylvania DEP requirements.

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And then additionally, just knowing, like, the equipment gets really hot, and what is sort of the interior HVAC high-level plan so far around dealing with just indoor temperature control?

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Sure. Do you want to answer that?

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The ceiling height is 25 feet at the peak.

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The equipment is no higher than 8 feet.

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And additionally of interest, the machine is cool to touch while being operated at around 1,400, 1,500 degrees Fahrenheit.

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So heat does come out through the stack, but that is out into the air.

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And then just shifting away from the crematorium in the back and focusing on the offices in the front,

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just based on the plans that you showed, it seems like there's a lot of offices for there only to be two employees.

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And I was wondering if you could walk me through what's the current expectation for the use at the front portion of the building.

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Sure.

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One of those offices is mine, a personal administrative office.

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Another is currently a spare and open office should expansion ever be necessary.

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The others are proposed not as office spaces, but as preparation areas for things like putting the remains in vessels, packaging up, and properly handling the material and preparing it for shipping or delivery to the veterinarians.

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And understanding that you're not going to have retail services on site, are things like urns and all the things that the remains might go in, are these things that are going to be provided by your clients or is this things that you all are going to have to?

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We will provide all urns and jewelry and other memorial accoutrement.

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And where is the retail sales for that accoutrement occurring?

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Is it occurring at the individual vet site?

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We will have a full list of all options available when we provide our paperwork and options to the veterinarians.

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We'll also have things accessible on a website.

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And we'll make sure that the available options are known to the interested parties.

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So just walking me through, like, if I'm a person, my dog just died, I'm at the vet, the vet is going to walk me through these options, or I'm going to self-service on your website.

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We will work very closely with the veterinarian to give the veterinarian specific packages that are available to the owner of the deceased animal.

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And they can choose what level, what type, color.

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Those options will be available in a package at the veterinary's office.

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And then will there ever be options for people to come view the process on site?

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Because I just know, like, there is absolutely opportunity for people to come view.

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We have that in our, you know, plan in our head to allow for someone who has experienced a loss to come and say final goodbyes to their loved one.

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But currently there's no like dedicated space in the on site for that to happen.

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It's not been put into the plan yet.

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Okay.

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Thank you.

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Any other questions?

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Yes.

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A question.

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So none of these animals, it talks about boarding services, but you're not doing that.

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All these animals will already have been deceased and will be brought to your facility by a truck, van, whatever.

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There will be no living animals coming into our facility.

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Okay.

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And we note that the proviso is, you know, specific to that point because the subcategory that this use is a part of includes the boarding and the stables.

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Right.

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Our proviso gets at that concern that this will be limited to the household pet crematory services.

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Okay.

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So then these are coming from animal hospitals, you said, and vets, correct?

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Okay.

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Okay. And then once you, I guess there's some kind of check-in process of some sort of how you, so you know that.

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The remains are all treated as exactly as human remains are treated. They are tracked and handled.

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human remains are treated they are tracked and handled with the care and respect from the very

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moment it enters our possession to the very moment the remains are delivered to the the loved one

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okay and then um uh the venting and uh the venting from this machinery okay um there is

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Is there some kind of like heat shields or whatever that you have as part of this machinery?

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And I guess the also question about the, I guess, lining, say, of the stack and what have you, how do we handle that?

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The machinery is designed to handle the transfer of heat from internally in the machine to the environment.

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As I mentioned previously, the machine on the outside is cool to touch.

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The emission stack is not cool to touch, but no one will ever be up there touching that stack.

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Yeah, we would hope not.

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Unless things have cooled down sufficiently.

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There is insulation throughout in order to provide the most efficient heat transference from inside, including the stack itself.

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As it penetrates through the ceiling, there is sufficient heat transference so that there's no danger to the surrounding environment.

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Okay. And that's also where we get into the emission sort of standards where whatever is coming through the stack, it has to meet certain emission standards.

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That's correct. Before we can receive a license to operate, the Department of Air Management Services requires stack testing.

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Understood. Okay. Thank you.

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Just one more question. So will there be any additional services outside of the cremation?

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we have no additional services planned at this moment outside a animal cremation company

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thank you to put it to put it in perspective what do you think the workload ends up in a given week

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it will definitely be a full-time

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you know working environment okay if i understand the question correctly yeah i mean

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number-wise, or you don't predict? We did our market research, and there's sufficient demand

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for full-time operations. Okay. Thank you very much. Did you do the hours of operation?

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Hours of operation, Monday through Friday, 9 to 5. Okay.

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And that's receiving. Will you stay after 5 to work, or do you only work between 9 and 5?

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As an owner, I will stay as long as there's work that needs to be done.

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The operation of the machinery itself is expected to occur really only during standard operating hours.

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Thank you.

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And you did say that there's storage-like services or, like, I don't know whether you have commercial refrigeration or whatever for the animals so that you don't have to work outside of the hours.

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Correct. You know, we can leave the site and rest assured that these animals will not decay.

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They'll be properly cooled in a commercial refrigeration unit on site in that warehouse.

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So for clarity purposes, the burners won't be burning 24, I mean, like nine to five.

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You said two days a week, right? But that is anticipated to grow or as the business grows?

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It is expected and anticipated to grow, but at this time we expect two days of processing of the machine.

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and it won't happen unless we're there on site.

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And the machine that you have can handle that demand

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should you have to increase.

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Okay, thank you.

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Questions or comments from our attorney, Ryan McSherry?

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No, Chair.

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Questions or comments from the audience?

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Questions or comments from the virtual audience?

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Yes, Chair.

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I have a hand up by the name of Brianna Wakefield.

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they have been promoted to penalist. Okay.

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

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And good afternoon, Mr. Chair. Hi, could you please state your name and spell for the stenographer?

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Yes, my name is Brianna Wakefield, B-R-I-O-N-N-A, last name Wakefield, W-A-K-E-F-I-E-L-D.

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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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I do.

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Do you live nearby?

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No, I am a staff attorney to counsel President Johnson.

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Oh, good, great. Please.

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And, yes, I am calling in today to state that Council President Johnson supports this project.

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And yes, I am calling in today to state that counsel President Johnson supports this project.

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Thank you very much for taking the time to call us. We appreciate it. Is there anyone else in the virtual audience?

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Yes, Chair. I have one more hand up. Craig Melodosen has been allowed to speak.

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Craig, could you please state your name as spelled for the court's stenographer?

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Craig

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Good afternoon, Chair Bergman

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Hi, Craig, could you please state your name and spell for the court's thermographer

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Craig, C-R-A-I-G, last name Melidosian, M-E-L-I-D-O-S-I-A-N

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