civus
Hearing video

ZBA Hearing - July 26, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jul 26, 20235h 26m

Swear or affirm to tell the truth

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the whole truth is nothing but the truth

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Yes, sir

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Proceed, counsel

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Thank you, sir

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Ms. Burnett

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have you heard my testimony

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for the last few minutes?

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Yes

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Okay, and if this was your testimony

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if you heard it

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Is it true and accurate, the best of your knowledge, information and beliefs?

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Yes. And would you adopt my testimony?

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Yes. Miss Burnett, I know that you have made some prearranged remarks.

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Would you like to read that now to us? Yes, please.

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Panel, would that be OK, Chairman? Sure, please. Go ahead, ma'am.

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Good afternoon, Chairman, panel, and everyone else. My name is Kelly Burnett, and I am the

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proud owner of Kelly's Inspirational Daycare Service. According to Start Strong PA and the

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Child Care Works Organization, as of 2022, there were close to 700 children in the state of

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Pennsylvania under the age of five. Of those 700 children, 75% of those children are underserved.

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The remaining 25%, approximately 170,000,

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The remaining 25%, approximately 170,000 children, are served, but only 45% of them are enrolled in quality child care environments.

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Quality child care is relatively unaffordable for families that live in this community and in this state.

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In addition to that, there is a nationwide shortage of teachers.

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High turnover in facilities creates an unsafe environment and makes opening a center a much

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more difficult endeavor. Creating a job, excuse me, criteria and job descriptions are being

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negatively modified to meet staff needs, thus lowering the quality of the facility.

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in the 19124 zip code which we live in there are 90 child care facilities and of that amount

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only 20 of the facilities have a star 4 badge of quality through though our facility is included

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in the 20 star 4 child care facilities we happen to be one of the only very few nationally accredited

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facilities in the state. For those quality facilities, enrollment is very limited, which

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creates high demand and long wait lists. Our variance request comes from the desire to provide

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better service to the Northwood area and provide our children with a solid learning foundation for

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success. Between the amount of underserved children in the state and facing a scarcity of

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qualified teachers and staffing, and less than 25 percent of the facilities in this area in

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possession of a Star 4 badge. There is an incredible need for families and their children

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to find facilities that provide the type of care that is so desperately needed for the children.

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Since 2008, I have worked diligently with my team to create an atmosphere that provides license,

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high-quality care for my family and the community. According to the PA State Regulations for

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Family Providers 3290.51, family facilities are able to care for six unrelated children

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at any given time, and related children of the legal entity or staff are exempt from that count.

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Our facility hosts many playdates with fellow providers and incorporate the sharing of costs

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and space. The many activities that our students are involved in, the mobile zoo, various music

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venues, Spanish science, mindfulness, and fitness classes. These shared expenses help cut the cost

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for providers and for families they serve, all while encouraging the children's development

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of fine motor skills, socialization skills, and scholastic education. The children that are

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enrolled in my facility are allowed access to the back area for playtime and curriculum lessons

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with supervision. However, the children are always assisted whichever area of the facility they are

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in. There are also other children that live in the neighborhood that often can be misconstrued

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as children that are enrolled in my facility. Kids, which is my acronym, is a school that provides

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the Philly Pre-K program since 2017. And just like the Philadelphia School for the Arts and

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Sciences, located at the end of the 1200 block of Hayworth, parking issues are the bone of

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contention. The elementary school parents block traffic, cause confusion, and misuse other people's

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spaces as well, from 7 a.m. to 7.45 and from 3 p.m. to 4 p.m. We were very saddened about the

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incident that occurred almost two years ago with one of our parents and the neighbors on the block.

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Due to that incident, we hired an additional staff person to assist with the late afternoons

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and evening care. Unfortunately, I was not able to assist in this matter because I was caring for

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children and my morning staff at left for the day, so I was alone. While our ultimate goal is to keep

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our children safe, we also want to be considerate of our neighbors. Since this incident, our pickup

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and drop-off policies have changed. Parents alert us when they are close to so that we can minimize

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the time spent in a fellow neighbor's parking space and in the driveway. When the facility

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was originally zoned in 2008, I was advised that the driveway could be used for parent pickups and

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I was advised that the driveway could be used for parent pickups and drop-offs.

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drop-ups.

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I was recently advised by our new community officer that even though a no-parking sign has been mounted, the parents can continue to use the shared driveway for that purpose.

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Contrary to what was shared with Northwood Civic Association, I am not the villain.

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And I take offense to the slanderous accusations that have been stated.

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Over the past 24 years, I've made several respectful attempts to resolve the shared driveway issues.

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I've worked extremely hard to build my reputation in this field, and I'm hoping you can see past these baseless allegations

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and see that I have nothing but the community, the families, and the children's best interests

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in mind with this variance request. The space to facilitate the additional children should not be

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of any concern because the Department of Human Services and License and Inspection have been to

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the facility on numerous occasions and have measured to ensure that there is enough space

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on our main and basement levels of the facility, and it was because of those entities that come

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to visit that I am attempting this variance today because they did say that because of my

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standing with the ECE community and the size of the home that this would be a great place to start.

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Thank you. Thank you, Ms. Burnett. The reason I had my client address some of these issues because it's been submitted to the board. And while I'm not admitting it, it is in the board's purview. There was, in addition to the letters of opposition from the RCO, there is paperwork from the next door neighbor that I alluded to a few moments ago.

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So our client just wanted to address these.

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We think there are submissions of that, but really not relevant to our case here today.

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And that's pretty much it.

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So how many were going from six to 12?

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Yes, sir.

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Okay.

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Questions from the board?

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No, Chair.

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from the virtual audience?

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sir we have a michelle wait we have a a tanya sears with the hand raised i've allowed them to

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speak hi could you state your name please and spell for the court stenographer

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hi can you hear me yeah i can okay thank you tanya t-o-n-y-a

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Sears. S-E-A-R-S. Right. Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth? Yes. Are you a neighbor? No, I am a parent. Okay. I am a parent and a

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colleague. My child has been attending Kelly's or kids for approximately three years now. She

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will be going to kindergarten. I also have a home daycare. I drive from Wayne Junction all the way

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to Oxford Circle just to place my child in Kelly's care because of the excellent service that she

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provides to my child. My child has, you know, some issues with being an only child and just

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i guess somewhat emotional um they provide excellent care prior to even putting my child

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in kelly's on care she was a colleague we worked together with the pre-k program um kelly again as

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she said is now nationally accredited so she's a star four facility um tanya you're in favor of the

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project i am absolutely in favor of the project and in terms of um parking i pull into the driveway

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i drop off i pull out if there's an open space thank you monsieur all right you're welcome

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thank you is there anyone else in the virtual audience yes evanlyn perez i have allowed them

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to speak hi could you state your name please and spell for the court sonographer hello can

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Can you hear me?

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I can.

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Okay.

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My name is Evelyn Perez, E-V-E-L-Y-N Perez, P-E-R-E-Z.

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Right.

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

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Yes, I do.

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Are you a neighbor?

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Yes, I am adjacent neighbor at 1220 Hayward Street.

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Yes, I am adjacent neighbor at 1220.

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Okay, proceed.

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I'd like to make a correction for the record.

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The attorney stated and showed a picture which Ms. Burnett accepted that there are businesses on the street.

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This is not an accurate photo or an accurate sighting.

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this is a hundred percent a hundred percent residential neighborhood we have twins and

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single homes in front of us and I'd like to say that as a resident I purchased my home

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it was a a HUD home I'm a real estate broker and at that time I was starting in the real

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estate business and looking for a good neighborhood for my family. And I've always loved driving by

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Northwood, which is a tree-lined neighborhood that has deed restrictions, fencing restrictions.

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And I thought, wow, this would be a great place for me to raise my kids and to live here at peace.

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I've learned through being a member of the Northwood Civic Association that the deed

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restrictions means that there are a limited amount of businesses that are allowed.

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Ms. Kelly and I live in the middle of the block.

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We don't share our driveway, but we share our walls.

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And we've had some issues that don't come into play.

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But in terms of maintaining the neighborhood's integrity and maintaining a peaceful place for us to live and come home from work, having a business grow in a residential block, to me, is not something that lends itself to Northwood as a community.

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So, Ms. Perez, you're not in favor of it?

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I am not in favor. I am in opposition.

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Okay. Thank you very much for taking the time to call us.

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Is there anyone else in the virtual audience?

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Chairman, I would like to call Don L. Powell. He's one of the neighbor residents.

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Let me just double check first, okay? Is there anyone else in the virtual audience?

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Yes, sir. There are four other hands raised. Well, now, wait.

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Okay.

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There's at least six hands now raised. So the first one I got is Don L. Powell.

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Mr. Powell, could you state your name, please, and spell for the court sonographer?

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Yeah, my name is Donnell Powell, spelled D-O-N-N-E-L-L, last name P-O-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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Yes.

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Are you a neighbor?

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I am a neighbor.

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Are you in favor of this project or against it?

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I am 100% in favor of this project.

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Thank you very much.

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we appreciate your time to call in who's next all right sir we have a k barnett okay all right

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could you state your name and spell please for the court stenographer good evening can you all hear

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me yeah most certainly great my name is keziah barnett k is in kangaroo e z is in zebra i a

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Last name is B as in boy, A-R, and as in Nancy, E-T-T.

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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.

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Are you a neighbor?

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Yes.

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Are you in favor or against this project?

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I am one billion percent in favor of this project.

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Thank you for your one billion vote.

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Thank you.

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Who's next?

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And Laurie Litz, I've allowed them to speak.

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Okay.

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

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Hi, my name is Laurie Litz.

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It's L-A-U-R-I-E-L-I-T as in Tom, Z as in Zebra, and I am a representative of the Pennsylvania

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Child Care Association.

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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 or against it?

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I am in favor of kids' daycare service being able to expand to a group home.

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Thank you. Thank you so much. We appreciate your taking the time. Who's next, please?

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Terry Heiser. I've allowed them to speak.

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

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Terry.

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Do you want to be sworn in?

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

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

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Just waiting for them to unmute, Mr. Chair.

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Okay.

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Hello?

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Hello.

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Hi, could you state your name, please?

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State your name and spell for the court stenographer.

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Terry Heiser, H-E-I-S-E-R.

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Right.

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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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are you a neighbor no okay proceed are you in favor of this project or against it

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opposed okay and and do you do you live near here sir do i live near it yes yes okay all right thank

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you thank you for taking the time to call in we will take note of your comment who's next

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oh amber burnett okay what's the matter mr kenny she's my client's daughter she'd probably be

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duplicative at this point i don't know okay thank you who's next all right sir gene jones i've

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allowed them to speak hi could you state your name and spell please for the court stenographer

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hello hi could you state your name my name is jean jones j-e-a-n-j-o-n-e-s right you swear

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or firm to tell the truth the whole truth nothing but the truth i do are you a neighbor yes i am

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I live right next door. Are you for this project or against it? I am against it. Okay thank you

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very much for taking the time to call and we appreciate it. Who's next? All right Mr. Chair

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we have a Patricia Steers. I have allowed them to speak. Hi could you state your name please and

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spell for the court stenographer. Patricia Steers, S-T-A-T-R-I-C-I-A. Last name is Steers, S-T-E-E-R-S.

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