civus
Hearing video

ZBA Hearing - April 28, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 28, 20217h 7m

I mean, self-storage just, and Daniel would testify in his experience across the country, we don't even need 16 spaces to operate this many self-storage units because it's that low impact of a use.

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Excuse me, who was the person's name again, sir?

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uh his name is daniel lyman mr lyman please raise your virtual hand

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okay he's been allowed to speak mr lyman please wait to be sworn in sir

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good evening sir please identify yourselves by your first and last name i'll swear you in

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my name is daniel lyman last name l y m a n you swear or affirm to tell the truth the whole truth

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nothing but the truth? I do. Thank you. Mr. Molloy, please proceed. Mr. Lyman, were you present on the

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Zoom call for my statements about the project? Yes, I was. And can you confirm that what I said

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Yes, I was.

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And can you confirm that what I said was true and would you adopt it as your own testimony if given the opportunity?

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was true and would you adopt?

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Yes.

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Thank you. I have no further questions for Mr. Lyman.

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Thank you.

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No further evidence.

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Questions from the board?

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No.

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Anyone else would like to testify in this case? If so, please raise your hand.

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Mr. Chair, Sloan folks have this hand up. I will allow him to speak now.

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Thank you. Good evening.

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Mr. Folks, you're still under oath from earlier today.

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Please identify yourself.

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Good evening, Chairman DiCicco and the ZBA board.

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My name is Sloan Folks, Office of Councilwoman Maria Keona-Sanchez,

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room 508 City Hall.

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The applicants having met with the RCO and receiving a lot of support,

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the Councilwoman offers not opposition to this.

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Thank you.

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Thank you very much.

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Anyone else?

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planning commission at this time sir

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it's uh ron bednar city planning this property is indicated for industrial use on the city plan

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we recommend the quest advance program thank you mi 2021 000 733 533 east hunting park avenue my

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vote is yes. My vote is yes. My vote is yes. My vote is yes.

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My mind. You got it, Carol? And just acknowledge that there are two letters. There's a letter of

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opposition from West Overbrook Neighbors and Councilman Jones on this case. Okay.

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Calendar number 3464-5753, Jefferson Street.

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John Jackson and Cassandra Jackson,

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if you're handling this per se.

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Mr. and Mrs. Jackson, if you are in the audience, please raise your virtual hands.

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Ms. Cassandra Jackson has been promoted to panelist.

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Ms. Jackson, can you put your name and address on the record and spell your last name, please?

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My name is Cassandra Jackson, C-A-S-S-A-N-D-R-A, and the address is 5753 West Jefferson Street.

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

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I do.

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Do you agree to strike that? Have you emailed the exhibit packet with proof of ownership,

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tax compliance refusal referral photos and plans of the property five days in advance of this

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hearing and have you met with the rco and do you have a letter yes thank you you may proceed

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we have a letter from the rco opposing this application and councilman jones

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also has sent in a letter of opposition so present your case well my case is this

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I am here as owner of this property. I have been an educator for 33 years. I have also been

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educated in this particular area. This home belongs to both of us, and we decided that we

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would like to start a child care facility in our home, and it is set up as a child care center.

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um we've been here three and a half years I'm sorry Miss Jackson yes sorry that was funny

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um do you have slides to present no ma'am I do not I'm going to make this real quick

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I did send in um documents I've sent in pictures um of the facility uh and I've also had letters

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of uh of support from people in the neighborhood who excuse me excuse me how can we see what you're

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trying to do well this is my first time here so I'm going to be honest with you I did not know

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that I needed to do that I understand that I had to send the end documents to you which I did do

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within the five-day period. And I also sent you pictures. I sent you letters that were given to us.

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I sent you letters that were given to us through the, from supporting people in the area.

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I sent all of that as part of my package. Tanya, is there any way we can see those?

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I'll have to check. Let me have the staff do a search for it. And I sent it through email,

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so you probably and it was through adobe scan so all of them should be in one adobe scan document

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but as you are going through that um i just wanted to let you know we've been here three

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and a half years we have never had any adverse communication within the community

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uh we keep the property uh we don't have um people who come in and make noise or

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there are no disturbances uh from my clients and uh we're just asking basically to have the

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opportunity to serve the community by providing more um spot or more slots for children in the

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community. We wanted to go from a family daycare and to a group daycare. That's what we're desiring

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to do. So did you just buy the house and the daycare was already set up? No, ma'am. This is

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my house. This is heir property. My mother-in-law and father-in-law owned this property. My husband

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grew up in this property. Okay. Excuse me. Did you come before the zoning board to get permission

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to do this yes three years ago yes yes i applied and it was given to me yes

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as a family daycare it was a three-year variance was it a temporary variance is that why you're

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back no sir i am i'm asking to go from a family daycare with services six children to a group

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daycare that can service 12 children 12 children that's all i'm asking for i'm not trying to make

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any changes to the property the property is set up just as a center um from top to bottom it can

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be arranged for other children for different and we service children from zero to five years old

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that is all we're asking for oh hello sir oh look at them now

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that is all we're asking for okay um so 12 is too too many well according to the state i have

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talked to the state on a number of occasions about going into the group and they say that

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we have ample space here in order to service more kids

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i checked with everyone before i did in fact i've wanted to do this for a couple of years

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and i made sure i spoke with octel and members of people who come in here we've been voted

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best daycare for two years in a row um so we've got the quality service here

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excuse me yes i i emailed it to everyone on the board

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you know what maybe in the interest of time is maybe we can go are there any other individuals

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who like to testify in this case because i'm trying to

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i'm sir mr gregory allen has his hand raised i won't allow him to speak at this time

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thank you mr allen please identify yourselves by your first and last name and i'll swear you in

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Gregory Allen, D-R-E-G-O-R-Y-A-L-L-E-N. I'm president and founder of Overwork West Neighbors,

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and we are the RCO for this area. Thank you. You swear or affirm to tell the truth,

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the whole truth, nothing but the truth? I do. Thank you. Please proceed.

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So, Chair, I think the neighbors, the block captain for the block is here. She would also

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like to speak. But I think that the neighbors probably didn't have as much of a challenge with

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the property as it was with six children, but now being asked to go to 12 children.

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And during the RCO hearing, we learned that the owner doesn't actually live in the property.

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So one of the rules for child care license is that it has to be owner operated.

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And if you look at our meeting summary, you can clearly see that she said that she doesn't live there.

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And it's a very well kept block with neighbors that have lived there for 20, 30 plus years.

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So they're concerned about having a business on their block.

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So they're concerned about having a business on their block, which is what it would be if the owner didn't live in the property.

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Can I respond to that?

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Briefly. Speak to the board.

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Okay. I do not. This is not my primary residence. I agree.

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but it is my property that we own and it is owner run I am here each and every day all day

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and when I have the opportunity like tonight I will probably have to stay over because I have

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to get up very early in order to meet my children in the morning so I do have the house set up

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I have a bedroom that I can live in if I need to, okay?

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But this is an owner service center.

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All right, hold on now.

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Anyone else to testify in this case?

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Mr. Chair, there is a Rodney Jameson with his hand raised.

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I will allow him to speak right now.

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Thank you.

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Mr. Jameson please identify yourself spell your first and last name. Good evening it's Miss

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oh I'm sorry it's no problem I get that all the time Miss Rodney R-O-D-N-I-E Jameson J-A-M-I-S-O-N

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good evening chairman and do you swear and affirm to tell the truth the whole truth and nothing

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but the truth? I do. Please proceed. Thank you so much for allowing me to speak with you we have

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many neighbors joining us on a call this evening, and I would like to say thank you to them as well.

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As Gregory Allen has pointed out, I'm the block captain. I'm very engaged with the residents on

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this block. Routinely, we do block cleanups. We provide informational flyers to neighbors.

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We organize block parties and I speak to neighbors all the time in general,

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walking my dog Sam at least twice a day. Our block is very engaged and as a community we

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work hard to maintain our block. Unfortunately, I didn't speak with Ms. Jackson. I have never seen

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her participate in any of our block activities. We also have on the block several retired teachers,

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a retired principal, several people who have owned daycares, and they live on the block and don't feel

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the single family dwelling is an appropriate setting for what is being proposed. For example,

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there's no outdoor play space for the children and we have never observed the children outside

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playing. Also, we are concerned about keeping children inside without proper ventilation

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during these tough COVID-19 times. Further, the lawn and area around the building is not well

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at. While many neighbors work hard to keep nice yards and patios debris-free, this is not an

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example of that. Parking becomes a problem as people want to drop off their children. They

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double park, often while other residents are busy trying to go to work. Transient people dropping

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off children are problematic, especially because they don't have an investment in this neighborhood.

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Many of us have been on this block for 20, 40 and 60 years and are opposed to the zoning changes

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that will impede us as taxpayers from enjoying our homes. And I'll be brief. The applicant does

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not and have not ever lived in the property her daycare license was issued for family daycare

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meaning the owner should live in the property to many the applicant seems dishonest and that her

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license doesn't match her residency she doesn't even live in the city of philadelphia we humbly

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request that you oppose the special exemption in support of the 86 long-term taxpayers who

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actually live here. We were very disheartened that the applicant did not comply with sending

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zoning notices to all residents within the 250 feet. I never received such notice as a resident

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at 5735, just a few doors away. Thank you for your kind consideration on behalf of all the residents.

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Thank you for your kind consideration on behalf of all the residents of the 5700 block of Jefferson Street.

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Thank you. I'm going to ask if there are any questions from the board at this time.

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No.

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No.

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No.

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Planning Commission.

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Ron Bednar, City Planning.

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This property is indicated for single-family residential use on the city plan.

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We believe the applicant has failed to sufficiently address the impacts related to implementing objectives of the city's adopted comprehensive plan.

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It's not consistent with our adopted district plan.

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Therefore, we recommend that the request for a special exception not be granted.

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Thank you very much.

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Excuse me. This is Sharon.

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Charles Richardson mentioned to me that someone from his office will be here.

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Can we ask if they're present?

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We'll get to Councilwoman's office, yes.

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anyone representing the councilwoman please uh raise your hand

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or councilman i'm sorry councilman jones

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the representative jones please raise their hand

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i apologize maybe i got that wrong um yeah no worries all right well we'll move forward

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MI 2020-003-464-5753 Jefferson Street.

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My vote is no.

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My vote is no.

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My vote is no.

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My vote is no.

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My vote is no.

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Thank you.

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That concludes today's hearing list.

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Any unfinished business?

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No.

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Not to my knowledge.

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I think we're all done.

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Okay.

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Thank you again.

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Thank you, everybody.

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Thank you.

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