civus
Hearing video

ZBA Hearing - October 13, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 13, 20217h 13m

I do.

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thank you uh parla you uh saw my presentation to the board and heard my testimony um can you

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verify that what i've said and presented is true and correct and adopted as your own testimony

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yes everything is correct and i do thank you thank you any questions from the board no mr chairman

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what else to testify in this case please raise your hand

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No further hands, Mr. Chair.

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Thank you.

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Planning Commission?

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Thank you, Chairman DiCicco, Ian Hegarty for the Philadelphia City Planning Commission

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staff.

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The comprehensive plan recommends no change to the zoning districts indicated on the

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new proposed lot.

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However, there will be no changes to the existing buildings and the proposed uses are consistent

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with the intended use of the existing buildings.

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city planning commission recommends that the board grant the variances thank you mi 2021-002

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163 2900-02 north 5th street my vote is yes carol tenere my vote is yes professor plaza yes

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James Snell, yes. Thomas Holloman, yes. Before the next case gets called up,

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Carol, you mentioned something about a request for a reconsideration.

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Carol? Chair, you were not there for the original vote, so you...

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Yeah, I know. I was just going to get that on the record, so if they want to call Carol.

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Thank you. I'm sorry. A bit of an error happened.

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i'm sorry jason no i was saying that i don't see that um okay she's back

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had a bit of an error on my end please forgive carol mr you have you'll be the one that raised

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that issue because i was not present at that time that's correct this is a request for reconsideration

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calendar number mi-2021-001972 913 west dakota street my vote is no

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confessor plaza my vote is no james snell my vote is no thomas holliman my vote is no

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okay uh so carol i i was asked to recuse myself uh for the case you're going to be calling up for

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1451 north broad i agreed at the time although i want the record to reflect

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the reason I was asked is because they thought there was a conflict with a client of mine

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my client at that time had no business dealings anywhere close to 1451 North Broad having said

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that I still will respect the request of council on behalf of the applicant to recuse myself

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thank you thank you chair calendar number mi-2021-002671 1451 north broad street

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attorneys carl from mavera

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i need to interrupt this if i can again on the time issue uh tanya i believe miss sunkett said

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that we got a hard one o'clock i don't know how we're going to get there but um we'll wait to

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We'll wait to hear what Mr. Primavera says.

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hear what Mr. Primavera says. Okay. Thank you. Great.

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Okay, thank you.

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Great.

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Yes, Madam Chair, can you hear me?

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Carl Primavera?

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Yes, I can.

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Yes, do you swear?

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Put your name and address on the record, please.

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Yes, Carl Primavera.

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I'm the attorney for the applicant 1835 Market, Philadelphia, PA.

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Just to recap.

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That's a different thing.

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can we swear in first but uh miss uh sunk it we're on 1451 north broad street right we swore

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him in already we didn't yet but he's uh saying he's the attorney for a different address on

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market street no 1451 north broad okay i'm sorry i made miss boo okay do you swear for him to tell

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the whole truth and nothing about the truth i do thank you uh so this go ahead this is just by way

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of background and i have a letter which is in the record i'm not going to repeat it because

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uh your time is valuable today but uh we originally had been to the board

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the vote was opposed to the variance there was a timing lag with a revised uh recommendation

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from the Planning Commission, which didn't get into the record. So I filed an appeal to court.

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The court remanded so that the record could be reopened for that memo from the Planning Commission,

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which in light of a revised plan, which happened after CDR, we were able to get their support.

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So there was a vote at the board, three to one, with members Tenere, Plaza, and Snell in favor and Holloman against.

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And I thought that was the end of it.

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But then as the transcript will reveal, Len Reuter said, oh, there should have been reference to the revised plan as a proviso.

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I go on to state vociferously that it was embedded in the case on the remand and it was clear, but because Len was afraid that Ellen and I would be confused, the vote was then vacated so that the revised plan could be re-stamped and the vote could be done as per proviso.

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So that's where I thought we were with no further testimony and no further discussion.

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It was strictly a technical matter or what we would call a ministerial matter.

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And that's our legal and factual position.

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But I do know that Ms. Jones from Councilman Clark's office sent a letter expecting some comment from her clients.

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And I think there was a letter from the board, Ms. Teneri, saying that some comments regarding the Planning Commission change in position would be allowed.

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So I have nothing to add.

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I think the record is closed.

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I think the vote has been taken.

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And this is strictly a ministerial act of confirming, as per Len Reuter, that it's as per the proviso.

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proviso. And I have provided Ms. Saletta your counsel with the form of proviso if that helps.

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So thank you. And Madam Chair, this is Sharon. Ms. Jones was planning to be here, but something

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came up unexpectedly. She emailed me this morning. I believe she understood that there would be

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members of the community here to testify. And I think you previously agreed that you would take

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limited testimony yes we did so do we start with the first witness in the virtual audience

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is there anyone here on 1451 north broad

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we have a miss stacy dukes with her hand raised i will allow her to speak at this time

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Thank you.

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Ms. Aleta, I'm sorry, Ms. Vice Chair, this is Tanya, the ZBA administrator.

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Would you mind if I was to poll how many individuals in our virtual audience are here for this

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case?

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Not at all.

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Raise your hand.

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I would appreciate that.

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So that we can have an idea.

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Thank you.

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And currently, no one other than Ms. Dukes is available, just for your information.

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Thank you.

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Ms. Dukes, can you hear me?

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Yes, I can.

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Name an address on the record and spell your last name, please.

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Yes, Stacy Dukes, D-U-K-E-S.

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My address is 1236.

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Patrick Henry, please, Philadelphia PA, 19122.

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Thank you.

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Do you swear for him to tell the whole truth and nothing but the truth?

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Yes, I do.

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Yes, I do.

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Thank you.

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Okay, you may proceed.

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Okay, good afternoon, everyone. I just have a few questions. First, the RCO letter that he has, was that from the Yorktown RCO? Because I really don't think it was.

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we were supposed to meet with him and his client as a Yorktown community, but every time we reached

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out, we never were able to get in contact with him or his client. Number two, we still

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have a problem with the height of his development. It's just too high.

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um okay where is the where is excuse me where is the Yorktown community today

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that's a good question I don't know um I'm actually here at work like right across the

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street from you um I I don't know we sent the emails out so I don't know what the situation

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is I know that um the CDC president she had a meeting with um one of the representative

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representative Kenyatta and the Yorktown arms representative she had an emergency

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in Yorktown arms so I do know why they're not here so okay well we'd be very happy to hear

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what you have to say okay um as I was saying the the height of the apartment building that's just

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too high. And that's going to bring along a lot of other automobiles where that's going to create

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a parking situation. I know the developer and his lawyer were saying, oh, they can park in

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Progless Plaza, but you cannot do that. I know you cannot do that. I spoke with the CEO, Anthony,

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Anthony last night, and he was saying, no, if you're not shopping in the plaza, you cannot

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park in the plaza, you will be towed and fined. So I don't know where the developer or his lawyer

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got that information from. I know that is false. So I really would like to have

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him and his client come and meet with us because we've never done that as of yet.

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Mr. Primavera.

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Yes.

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So because this goes back so long, even though it seems like just yesterday, the RCO that

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was designated at the time of our appeal to the Zoning Board was Community Land Trust.

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And in your record and in the transcript is a very robust support from Vivian Van Story,

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who for years chaired that RCO. Also, there's a reverend who's in the record, I want to say

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LUSD, but I don't think it was, Nash, who had another RCO. So the registered RCOs were very

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much in support. What happened, interestingly enough, we had large-scale meetings, and the

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Yorktown people, who were not the RCO, wanted more information. So we did have a variety of

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meetings all over, both before the hearing, after the hearing, other groups. And we did hear

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everybody and we gave everybody whatever time and respect that we could. The project is on

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North Broad Street next to what used to be Reverend Leon Sullivan. So we're really not,

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in my opinion, in the Newarktown neighborhood, although they say they claim jurisdiction,

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we're on Broad Street. So we followed all the rules. We got the support of the RCO.

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The letters are in the record. They testified at the hearing. So I really don't believe there's

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anything more. And the board voted to approve this, but there was some reluctance by the city

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because they thought that the revised plan

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was not going to be referred to

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and that L&I would approve the original plan.

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The original plan was the plan

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that the Planning Commission did not endorse.

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So Len was very clear that he said,

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I want to make sure that what the Zoning Board approves

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and what L&I issues the permit on

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is the plan that the Planning Commission supports,

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which had to do with the revisions that we made.

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So I don't believe there's anything

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more that can be done or should be done other than to vote the case with reference to the

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the proviso, which is a revised plan from Cecil Baker, dated June 18th, 2019. And that would be

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proviso, which is a revised plan from Cecil Baker.

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consistent with the record on January 21st, 2020, when there was a three to one vote in our favor,

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but it was vacated, in my opinion, and on the record, solely for the purpose that you could

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vote the proviso on the revised plan, so Elle and I would issue the right permit and make the

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planning commission happy so that's all i have to say uh with regard to that okay well you said

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the rco was um miss miss vivian green and you've had meetings with her rcos in that neighborhood

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which is on the other side of broad street and you also said um when you were the last time you

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and i spoke that she didn't even know yorktown existed however your client said he's he's been

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working in the community for over 20 years, so I'm sure he knew Yorktown existed. You and your

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client were also instructed to meet with the Yorktown community at our last meeting here

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at this board, and we never got that. Well, Ms. Van Story and her RCO was what we call the

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organizing RCO. Yorktown was not an RCO at the time. It hadn't been formed. But the reason that

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there were additional meetings was so that Yorktown, which was intending to create for itself

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an RCO, would be able to participate. And we all remember people from Yorktown showed up.

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There was a bit of a discussion about creation of the new RCO. But I believe that everybody who had

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and interest was heard. And it's been since, I guess, January 21st of 2020, that the matter

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was going to be re-voted. And nobody reached out to me. And as far as I'm concerned, we're

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back where we were, which is we had a favorable vote, but they wanted to make sure for the

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benefit of everybody that Ellen and I referenced the right plan, the plan that had been revised

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after CDR. Well, Mr. Primavera, I've tried to reach out to you so you and your client can come

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into the Yorktown community and let them know what was going on. And I do remember the meeting

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that you're talking about. That was a mess. And you know that. No one was being heard. I mean,

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it was just a mess. So again, you were tasked to meet with the Yorktown community, and that never

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took place. The only reason why some of the community members were at the meeting, it was

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from word of mouth. We didn't even know about it. Some of the meetings that your very, your first

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maybe two or three meetings the yorktown community did not know about it we were not informed

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no one told us the last the last two meetings that you had um it was just from hearsay

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and and i can tell you it was about maybe seven people at that meeting and and mr nash was there

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pastor Nash or I don't I don't know him Miss Green was there um the pastor from Mount Olive

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was there your client was there and you were there so I I'm like I don't know what you're

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talking about really because and where was that meeting that meeting was held at the owl's nest

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the one that's standing now see I remember I remember about 40 people including Jeffrey Young

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Yes, it was 40 people, but it was about 10 people from Yorktown, I know, because I counted.

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All right. In addition to how many other people were there, 40, 50?

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Well, those people did not live in Yorktown. Those people lived on the other side of Broad Street.

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In the designated RCO area.

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Okay, but you were still tasked, when we came in front of the board the last time, you were in person.

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you were still tasked to meet with the yorktown community and you did not do that and nobody else

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i personally reached out to you and your client i'm sorry i'm sorry ma'am yes ma'am can you

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please let him respond too because he needs to speak as well so i get paid by the hour so i go

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everywhere anywhere all the time that's what i do um so i return every phone call which again is

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billable. I go to every meeting. And Mary Jones, who speaks for the council president,

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She certainly knows how to write letters to me and the board when she wants to. So I've been around. I would have met. I don't think there's anything more to talk about. But I think after the vote, we're more than happy to meet and talk about anything with regard to the project.

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she certainly knows how to write letters to me and the board when she wants to. So I've been

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But I think it would be an insult to the RCO that was designated and who had multiple meetings that were well attended, including, as you say, at least 10 people.

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I think it was more from Yorktown.

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And I think we followed the process.

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But we're always willing to meet and we want to talk about whatever we're going to be doing.

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But this is a technical hearing.

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The case was voted last time, but there was a problem with the revised plan.

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And I thought the whole issue on the remand from court was that we wanted to have the positive recommendation from the Planning Commission based on the revised plan.

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So I don't believe that the question is at issue, but we do want to be good neighbors and I do want to meet anywhere, anytime, anyplace.

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