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Hearing video

ZBA Hearing - January 22, 2025

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

and the lot

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is right in this area.

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Vacant lot

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residential

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on the adjoining street. This is

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an abandoned building.

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This is a 1016 Kelowna.

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Current day shot of the lots

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that have been cleaned up.

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Postings of our

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zoning notices.

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So at one time, this was one lot, 10-10 and 10-12.

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It was subdivided, and we have the approval stamps down here to the left, as well as the Board of Survey District's notations and approval here of planning.

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That's why I said at the outset, my client originally had both projects, partial A and partial B, approved, but both permits ran out.

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We're only here today for 10-10.

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1010 is on the right-hand side.

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I can blow that up a little bit.

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We don't have any issues with open space,

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rear yard, or height,

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and it is a proposed construction

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of a three-story dwelling

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with two-family living quarters.

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These are the zoning,

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excuse me, these are the floor plans.

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We'll start from the left in the basement,

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two bedrooms.

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one unit is the basement of first floor, the second bedroom on the first floor.

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Then you'd go up the stairs to the second unit, which is kitchen, living, and bedroom on the

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second floor and up the stairs to the third floor where there are two bedrooms and there is a rooftop

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deck. So the occupant or the tenant in the basement of first floor would have rear yard

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access for open space and the tenant on the second and third floor would have access to the roof

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for open space. Elevations all brick on the front with some metal siding.

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Elevations, all brick on the front with some metal siding also on the front, egress well on the front.

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This is the rear of the property will be siding as well as siding on the side.

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Now, if we come back to the board for 10-12, the siding on the other side, obviously, will be covered with the adjacent building.

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But this is an outline of what the proposed exterior materials will be.

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A cutaway of the property, again indicating basement and first floor as one unit,

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second floor, third floor as one unit.

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The remaining documents are what you would see in a typical presentation.

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the tax clearance. There was an outstanding debt owed of $328.94. It hasn't registered,

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I believe, other than with our screenshot. And this is the printout from the Philadelphia Tax

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Center indicating that the $286.96, which is the remaining real estate taxes, are not due

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until the end of March.

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Other than that, my client has no tax liabilities to the city.

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This is the zoning map I mentioned earlier.

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The darker purple or blue is the subject 1010.

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You can see it's surrounded by RM1,

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as well as the entire area is I2.

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And as I showed you in the aerial photographs,

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it really is a residential area, not an industrial area.

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Deed indicating ownership.

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My client purchased the property in 2019.

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Our certificates of mailing.

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And these are the zoning records.

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So partial A, which is 1010, as I mentioned, it was one lot at one time.

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They get approved for zoning in December of 2020.

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The erection of a single family home, excuse me, erection of a structure, two family.

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and these are the plans that were approved that basically it's a mirror of what I presented today

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with the stamps as I noted, and this is the actual building permit my client obtained in

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July of 2021 for the erection of three-story structure for use as a two-family household

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living building to be sprinkler, and that's my client, Michael Salamone.

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So we're here in an I-2 industrial zone, surrounded by a residential and surrounded by an RM1 designation.

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We have previously been approved.

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We're looking to be approved again today if the board looks kindly upon this application.

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We have the support of the community, and we're basically in harmony with the code.

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We're not affecting any adjoining properties light or air.

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We're in conformance with the height regulations, open yard, and rear yard.

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And with that, I would ask my client to raise his hand and adopt my testimony.

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Mike, can you raise your hand?

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He's coming back in as a panelist now, Chair.

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Thank you.

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

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michael back in any minute chair

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michael can you read can you speak hello good morning why could you please state your name

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and spell for the stenographer uh michael salamone m-i-c-h-a-e-l-s-a-l-o-m-o-n-e

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do you swear or affirm to tell the truth the whole truth nothing but the truth

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yes i do please proceed counsel thank you mr chairman mr salamone were you on the uh

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the call when i presented your project to the board yes i was and if you had the opportunity

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to testify on your own behalf,

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would you testify as I did

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and adopt my testimony as true and correct?

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Yes, I would.

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Thank you, Mr. Salamone.

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Questions from the board.

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Questions or comments from our attorney,

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Hillary Emerson.

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I'm sorry, actually I did.

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For some reason, my mic wouldn't turn on.

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Oh, for sure.

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Question that I ask most folks,

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which is what is the depth of the basement

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below the grid?

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And can you go back to the building sections or the elevation?

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So excavation is to be about five foot and the basement would be eight foot ceilings.

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So excavation is to be about five foot and the basement.

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So you're going to be five foot below your top of your basement slab is going to be five foot below grade.

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Correct.

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And your windows are going to be completely below grade as shown on your elevation.

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We would follow the plans. That is correct.

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that that is a big concern for me that the windows are completely below grade

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can you go to the section too

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so i've seen the section you don't really

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it's hard to it's hard to tell what you're showing on your your launcher tool no section can you go

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into that it's hard as far as the front elevation i would be able to raise the window to be

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partially below grade is this what you want to see mr johns or a different yeah that's what

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yeah that's what i want to see so you're five foot below grade for the for the uh for that

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for the uh basement slab okay all right thank you thank you mr johnson longitudinal section

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showing a window

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like a clerestory window

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in the basement because the elevation

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is not. It's showing a double

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well I don't

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you know I don't see the window at all

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it's only on the front

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elevation

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yeah it's not

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they're just showing the foundation

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so that's why it's hard to know

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but on the elevation they show that the window

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is literally like about a foot above the

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basement slab

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No, they did. In the section, there's a line in the wall section that looked like it could be a window.

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Oh, I see what you're saying.

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I see what you're saying. Probably, maybe so, yeah.

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Any other questions? Questions from our attorney?

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Just briefly, Mr. Chair. Mr. Clinton, I don't think the tax documents came through, so if you could re-upload those, that would be great. Thank you.

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Will do, Ms. Emerson.

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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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I see no hands at the Sampter.

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Aye, Planning Commission.

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Dan Powers with the City Planning Commission.

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The comprehensive plan recommends no change to the I-2 medium industrial zoning at this location.

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This neighborhood zoning dates to the original 1933 zoning maps.

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The character of the block face is split between residential row homes and light industrial Philabundance community kitchen.

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In 2020, the city issued a zoning permit to consolidate two house lots into one lot.

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The proposed two dwelling units within one row home matches the character of the block face.

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Off-street accessory parking would be out of the character with the block face.

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The city planning commission recommends that the board grant the proposed use variance for two dwelling units and the proposed parking variance for not including off-street accessory parking.

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Thank you.

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MI 2024-005-516-1010 West Kelowna Street.

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I vote yes.

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Can we add a proviso about the windows or no?

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Hillary.

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What did you want that proviso to be, Mr. Johnson?

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My concern is that the windows are completely below grade based on the plan.

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And he said they'd be building based on the plan.

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And so my proviso would be that windows, that the basement egress windows extend well above the grade level.

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I mean, we might, if that's the case, we might, you may want revised plans.

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I'm not sure how we would proviso that.

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And that seems to be more of a building issue.

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So it may be that we asked for revised plans.

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That might be the better way to handle that.

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Ask for revised plans then.

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so so hillary it's a yes would request revise plans

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um we can yes we can do it i mean do we know um mr clinton how many pages of plans were reviewed

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by l and i was it like one for a site plan as far as i know one mr emerson okay so we can do

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revised plans one page and we'll we'll hold the notice of decision until we receive the proviso

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form and the revised plans okay and mr johns can you just tell me exactly what you'd like to see

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so i don't misinterpret anything yeah i'd like to see that the the basement uh egress uh windows

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are well above the basement, well above the slab, above the pavement.

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the slab above the pavement.

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So if the windows are just below the framing of the first floor,

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then your windows, your egress windows are going to be above the pavement.

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Got it.

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As opposed to what is shown now is the windows are completely below the pavement level.

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Got it. Okay, good.

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So Hillary, this will be a resumptive hearing.

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we can vote it with one page of revised plans um today or we can do a resumptive i mean it's

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it's up to the board i vote yes revised plans dated one page one page dated 122 25

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my vote is yes

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with the revised plans

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Michael Johnson

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Cheryl Gaston

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my vote is yes with

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proviso

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Tanetta Graham my vote is no

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Tywin my vote is yes

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with proviso

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Ishmael Shahid my vote is yes with proviso

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thank you counsel

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we'll be right back

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Thank you.

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Just a reminder. Can you hear me, guys?

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Oh, your mics are on. Just a reminder.

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Thank you.

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