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Hearing video

ZBA Hearing - May 21, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 21, 20242h 44m

and we have a proffer for me for the interest of time can we have a proffer

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um she's in we have a whole exhibit binder on on her on her powerpoint

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then i object because i don't see any relevance to to her testimony if if if according to is she

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a near neighbor yeah she's she's um an extremely near neighbor and she is testifying about her

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her concerns and her research into the project yeah and it's i object to the research right

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they're based on why don't we do this why don't we let her start testimony and you're

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when you object you object and uh steve how long do you think you need for her uh hang on

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i would imagine 10 minutes well why don't we do this let's let's shoot for 10 minutes

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and if we have to because we're breaking at 12 15 you know we we've been into this for a couple

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hours and what we could do then start the cross the next time we get back okay so why don't why

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don't we bring her on so rita cini has been allowed to speak i could you please also be a

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panelists. Sure. And he's coming in. Yep. Hi, could you state your name, please, and spell for the

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court stenographer? It looks like she's muted.

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Can you unmute yourself, please?

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Sarita Sini, you're free to speak, and you're unmuted.

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Hi, could you please state your name?

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It's spelled for the court stenographer.

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it looks like she might be having audio issues

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about Derek Ayers

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wait a minute I see it's coming up there

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Sarita

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maybe she's logging in as a

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panelist and there's

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a buffer or something

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we can't seem to get her it might be a problem if we want to reconvene how about derek airs is

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that person uh no business chris nevin we can have okay so just for pointing the

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in first bring chris steven on but remember we have an extensive letter from chris right yeah

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we and so what i'm saying maybe you could you know we know where chris stands and i

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i think we just lost the chairman

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we did we're going to try to get him back oh no

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Thank you.

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Thank you.

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Thank you.

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Bill from IT?

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Yes.

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can you please send him another link this link is now not working thank you okay

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Thank you.

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Thank you.

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Hilary, Zoom may be having a slight issue.

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It seems to be taking a long time to resend.

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It's not giving me the confirmation yet.

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Okay.

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All right.

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I'll let the chair know.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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You

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I just asked you a question in the chat.

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Okay, thank you.

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Thank you.

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Thank you.

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It seems to have gone through that time.

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Let me know if he gets it.

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Okay, thank you.

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i have no idea what happened there zoom just kicked me out so um okay so

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um we're now at 1205 who do you want who do you want to put on see just get started um in in the

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interim, when you got kicked out, Sarita Sini was able to come back into Zoom. So she is available

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to... Why don't we bring that person back? Okay. Can we also get her address? I will.

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Thank you.

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I don't see her in the attendees. She was...

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i saw her a moment ago she's no longer in the audience he appears not to be all right so then

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chris um nevin he is hi mr nevins could you please state your name and spell for the course

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stenographer. Yes, Christopher Nevin, C-H-R-I-S-T-O-P-H-E-R-N-E-V-I-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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I do. Mr. Nevin, are you a close neighbor? I am.

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What's your location? 1730 South Best Street, about four doors down from Cavern.

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Mr. Masters, please start. Yes, okay, I'm going to show my story.

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And just for a point of information, we do have a letter from Mr. Nevin, too.

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Yes.

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Mr. Nevin, I'm first going to ask you.

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Let me get.

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All the way.

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There we go.

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Mr. Nevin, are you familiar with this petition that I'm showing on the screen?

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Yes.

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Okay. Were you one of the people that circulated the petition?

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Correct.

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Okay. When did this petition get circulated?

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About two weeks ago, I'd say. Three weeks ago.

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okay and what um neighbors for responsible development what what is that organization

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Okay. And what Neighbors for Responsible Development

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uh that's the group i guess we've given our name uh as near neighbors to um be represented

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by you in this in this hearing okay and the questions that you asked on this

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on this um petition can you explain that to the board

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so i'll try to be concise uh just stating there were you aware of this project do you support

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this project did the rco or john disley contact you to speak about this project

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uh though were you aware was a matter of if not only if people were aware of the original rco

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meeting around it um but if they have heard anything at all about it um a second one is

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pretty straightforward and the third um was born out of mr disley's testimony and a conversation

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i had with him that he said he went around and he spoke to near neighbors especially on the

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immediate block of the project and i wanted to take the time to go knock on doors and say hey

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did you ever did anyone from the rc speak with you or did john speak with you okay so the first

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column here the n would be that you these people weren't even aware of the zoning project before

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you gave them the the petition uh before uh prior to that i guess that january meeting i should say

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okay and then this is whether they support or oppose the zoning project and then uh this is

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whether john disley the head of the rco contacted them yeah if they communicated at all okay so

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you have multiple pages of this petition is that correct correct okay so in circulating so this is

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this one is the 500 block of more which is which is obviously right on the same block as the as

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the property you are south fifth and you say you're like four four houses away yeah okay then

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And this next petition is the 400 block of Seagull.

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How close is that to the property?

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It's adjacent.

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So it sort of touches 1800 of South 5th.

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That's right next to 500 block and more.

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The 400 block of Seagull I was talking about.

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Yes, yes.

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It's right there.

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It's right next to me.

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Okay.

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So in this case, all of these people are saying that they don't support it.

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and they're also saying that they were not contacted by mr disley correct um this is more

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the 400 block of seagull and these are also all in opposition and they were not contacted by the

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can i ask the relevance of this because one i never even received these petitions

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So, one, I object to them being used at all. And two, let me finish my objection. If he is saying that these petitions are here to highlight a neighborhood dispute, then I don't understand the relevance.

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first these were emailed to you on friday evening second um you were you offered you offered um mr

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disley's testimony um to represent the community and to and in his testimony he lied multiple times

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by saying that other organizations and other to that right because the please don't call a witness

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a liar when he's he's not even here well so we would have clarified it if had he been here today

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we would have gone through his testimony and we would have you can look at the at the letters that

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we have in our exhibit binder that i'm going to review at the end of our presentation to show you

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that in fact there are no elected officials who support this project there are no other rcos that

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support this project so it all right so steve we're we're going to let the we're going to let

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continue we can continue with the with the the survey that he did the signing i mean basically

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this is basically says are you for the project and have you heard from the rco is what what i

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see and these are the these are the most close neighbors all all around the project um that

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specifically these blocks are are the closest um there's there's quite a bit of of signatures and

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they all are are in opposition so so just for a point darwin i this is in my mind this is not

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calling mr disley a liar this is saying this this this is differs from what he said period

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um so mr nevin do you want to just um briefly summarize your letter and and the concerns that

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your letter and and the concerns that you have yeah i mean yeah i guess i'm not gonna go through

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you have yeah i mean yeah i guess i'm not gonna go through the

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the the entire thing but um i wanted to come with specific points to the board mr chairman

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Thank you.

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um and they were really this idea of pedestrian and traffic safety um also um this contradictory

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thought of with that pedestrian traffic safety of seven parking spots for staffing let alone when i

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I heard from testimony from Mr. Devaney last time that for a facility this size, you should

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have 30 people, which seemed inconsistent either way.

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And then additionally, really coming down to the, I feel like the bad faith efforts

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between the RCO reaching out to the community and extending that further to the applicants

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and the communication we had with them.

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Yeah.

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Is that it, Steve?

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well you had wanted to kind of wrap up by 12 15 mr chair so yeah yeah okay all right so

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so when we come back uh darwin you have a chance to um cross okay the next time um we will figure

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out when that next time is and we will be in touch with both you within um a couple days okay

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Mr. Chairman, I understand. I know what you're going to say.

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Yes. And I have to restate it for the record.

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OK. Restate it for the record.

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This is hanging by thread. And and I think that that, again, I I've asked for the objectors case to be dismissed simply because I know they're just trying to run out the clock.

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We've been transparent from the beginning, and we had to do a tremendous amount of leverage in order to appear today.

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So I'm asking that the board please reschedule us within the next five days so we may be able to continue and resolve.

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I don't know that I can promise in the next five days, but we will take everything you said into consideration.

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We have been trying to move this.

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I think Mr. Masters had his expert on for a while, and you had a chance to really cross him for quite a while.

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So we will be in touch.

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And, Mr. Chair, if I may, we are not trying to run out the clock.

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We do respect this board and its deliberations, but we are very concerned when opposing counsel is making insinuations that our testimony, that our opposition is not valid and is not based on the actual concerns that we're raising.

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um it's opposing counsel has several times might made motions to this board to eliminate all

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opposing witnesses and to not let us testify at all and unfortunately that seems to be indicative

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of of this applicant and this project where they are not doing community engagement well

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they are not planning well they do not have a team that knows what they're doing and that's why

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we've been hearing that all along and i i hear both you this is what we're going to do we're

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going to get back to you as soon as we can. We'll let you know where we stand. If you want to know,

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I thought you both worked a little bit better today together than we have in the past. So I

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appreciate that. I appreciate Mr. Nevitt's testimony that it was short and concise, and I

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would hope you continue that same way with the rest of your witnesses. And then I think we could

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start to get into some closure. Okay. Thank both of you. Okay. All right. Is there anyone in the

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virtual audience whose 930 case has not been called?

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I see no hands at this time, Chair. Thanks, everyone.

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Thanks, Chair. Good job, Chair.

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Good day.

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You

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