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Hearing video

ZBA Hearing - February 23, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 23, 20224h 10m

yeah

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I think she went back out

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yeah

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yeah

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Thank you.

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Tanya, can we get a hold of our caller on the phone?

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Yes, I'll reach out again.

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Thank you.

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Thank you.

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chair in the efforts of time making sure we don't lose time would you like to proceed

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i would thank you so mi 2021 004055 1713 south 12th street rco east pass yunk avenue letter

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of support councilman school letter of support

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mr anastasio jared mr anastasio is coming back in as a panelist now

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good morning mr chairman good morning state your name is spelled for our court reporter please

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sure it's verne v like victor e-r-n last name anastasio a-n-a-s-t-a-s-i-o

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939 montrose street philadelphia one nine one zero seven four seven what do you swear

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for him to tell the truth, the whole truth, nothing but the truth? I do. Our vice chair has a few

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questions. Sure. I'm Mr. Anastasia. Do you agree to waive the reading of the refusal and stipulate

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to its accuracy? I do. It appears that you've submitted all the required documents. Is that

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correct? I have. You may proceed. Thank you. You're welcome. This is 1713 South 12th Street.

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The application is for doggy daycare. No boarding, no other services, no retail, simple canine social club at the first floor in the same building with other uses previously approved.

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The property is zoned CMX 2.5. This is a referral, not a refusal. And this is the plan.

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My client, Jeremy Berger, has been dealing with dogs for two decades now, caring for other people's animals, and I've done so pretty successfully.

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We have a holding area here for the dog at the front door.

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There's the main floor.

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We have a loft for the dogs and then an office for the humans.

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And then there's a kennel room and a bath.

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This is the exterior.

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Main floor.

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There's the loft for the dogs to get some indoor activity exercise.

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some storage the bath the kennel room and there's the proof of posting

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we met with the east passion crossing on rco and it was unanimous support

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we have

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a proof of mailing here from the members of the east passion crossing

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We have a tax certification, and I believe you have in your records that I forwarded late yesterday a letter from Council Member Mark Squilla, also offering non-opposition to this referral.

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As you know, it's a referral, not a refusal.

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We do not have to demonstrate any sort of hardship.

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We do have to demonstrate that we would be an asset to the community or at least not a detraction.

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We've done so by going through the process, securing the support of not only immediate neighbors and the RCO, but the elected representative and city council as well.

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We've done so by going through the process, securing the support of not only immediate

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And with that, I'm going to ask Jeremy Berger, my client, to please raise his hand.

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Mr. Berger, you can unmute yourself and wait for the chair.

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Mr. Berger, could you state your name and spell for the court reporter?

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Yes.

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Yes, my name is Jeremy Berger, J-E-R-E-M-Y, Berger, B-U-R-G-E-R.

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

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I do.

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Proceed.

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Thank you, Mr. Chair.

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Mr. Berger, did you hear my presentation to the board this morning?

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I did.

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Was it true and accurate to the best of your knowledge?

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Yes, it was.

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And do you adopt it as your own testimony?

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I do.

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All right. Would you like to tell the board about your hours and days of operation?

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I'd be happy to. So my days of operation, the plan is to have it be Monday through Friday from 8 a.m. to 5 p.m.

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Very good. Nothing else, Mr. Chairman. We're open for questions.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chair.

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Questions from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission.

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Thank you, Chair Bergman.

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Ian Hegarty for the Philadelphia City Planning Commission.

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Members of the Board, this is a special exception.

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The proposed use is permitted by special exception

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and will have no greater impact than might usually be expected for this type of use.

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We therefore recommend that the Board grant the special exception.

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MI 2021-004-055-1713 South Wall Street, I vote yes.

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Carol Tenneri, my vote is yes.

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Thomas Hallowin, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you.

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Thank you, counsel.

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Okay, Chair.

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Anything on our cases we're holding?

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yes with um the one um rowhead i believe his name is the staff did not find exhibits if we

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can request um for him to come back on so we could discuss 1627 south 20 street please mr

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Yes, Chair. This is Rohit.

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Okay. Have I sworn you in yet?

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I don't think you have.

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Could you state your name and spell for the court reporter?

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Yes. My name is Rohit Kaskerti, R-O-H-I-T.

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

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Yes, sir.

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We do not seem to have your paperwork anywhere.

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Okay, I can go ahead and resubmit it.

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I'm sorry.

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Sir, could you spell your last name as well, please?

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Yes, it's K-A-S-U-K-U-R-T-I.

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Thank you.

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And may I ask, what email box did you submit your exhibits to?

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Because we cannot find them.

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And were you the one who sent the email?

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I was the one who sent the email.

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I'll have to verify which one I sent it to.

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I sent it along to the RCOs at the same time.

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there was multiple emails to the rco email box or to the rcos

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um i'll have to double check on say it was there was multiple addresses i'm not sure which ones

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belong to who okay so unfortunately we could not find the exhibits where the exhibit should be

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and i believe this may need to be a continuance chair right so we're going to continue your

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case you'll hear from us and we'll we'll ensure that we have all your paperwork done and make

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sure you send it to the right box okay and any questions call call our executive director's

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office okay okay thank you all right thank you okay chair we were able to get miss sharon harvey

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so as you wish she would be available to continue the case

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I apologize for this delay um can I share my screen have you as Colonel have you talked to

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her yet yes they have let me share a few questions um she was actually presenting chair

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when she got off and um right there come down okay miss harvey

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I'm here. And I would like to continue the presentation, if possible.

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i'm here i'm here and i would like

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At this point, I would like just to briefly discuss the proposed changes.

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And I would like to share my screen. Am I able to share my screen?

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can you everyone see the screen

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can everyone see the screen there's nothing up yet but we see that you have the screen

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okay now we see it all right thank you so uh at this point at this point in time sorry

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at this point in time my client is proposing a variance for a uh for two apartments

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uh in the three-story building the

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uh and can be found on page i'm sorry this is throwing me forward uh

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page four 14 13 or 14 of our presentation

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so

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he's proposing for the first bedroom the first two

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The first and second floor to be one apartment and the third floor to be the second apartment.

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This property already has a variance on it and for a cottage house.

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And he is proposing that the first apartment has two bedrooms and a kitchen and a living room.

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And it also is two stories, the first and second floor.

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The second apartment is two bedrooms with a kitchen and a living room also.

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And if you can see the pictures, the pictures are

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of the current state of the proposed living room and for

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My client is also on the line, but it will not help if I can't get the pictures shown.

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The 147 also has a carriage house in the rear.

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The carriage house was granted a variance in 1935 and is a two-story carriage house in the rear of the property.

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And that can be seen if you have the packet on page 16.

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The proposed apartment has a backyard use for the carriage house only.

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but it has a long driveway which you can see on on page 20 26 on page 26 of the presentation

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that is the driveway and then the carriage house is in the back page 27 of the

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of the presentation shows the street view of the property and the property across the street,

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which is the Pennsylvania School for the Deaf. And we have the support of the Pennsylvania School

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for the Pennsylvania school for the death and that is on page 27 and 28 on page 28 also

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the property on the same side of the street as the proposed variance is the Maplewood Manor which

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Maplewood Manor, which is a nursing home.

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which is a nursing home.

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The very next slide, number 29, takes into consideration the lighting and security for

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the property.

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The property will have entry in the rear of the property for the first floor and second

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floor apartment, and then for the third floor apartment, it's actually in the front of the

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building.

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And then there are flood lights that will go along the entire side of Dill.

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And then next, we also had consideration for the mail delivery and the refuge or trash disposal.

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There will be a mailbox and trash containers that will be hidden in the container, rubbish containers, so that they're not exposed.

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Next slide is the aerial view of the property, and you can see that the property is rather long.

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it has a two-story cottage house the property at 151 also has a cottage house but it's a one-story

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cottage house that you uh that is hidden by the trees but this is a very long property and has

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plenty of room and here's also an aerial view of the school for the death and they have their own

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parking lot and so parking is not usually a problem between the hours of four and

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four p.m. and eight a.m. where because the school is out and there is ample parking

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so then this is the refusal I think I've skipped several slides this is the refusal

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for the for the variance the size of the of the lot is huge for a actually over three dwelling

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units two in the main house and what and one in the cottage house the main house having 4 500

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square feet of livable space which would be ample for the two proposed apartments in that building

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I would like to have my client, Gabriel Harrison, be sworn, so to see if he adopts our presentation.

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We have support from the RCO, and we received an email, I believe, last night from a second RCO, because there are overlapping RCOs.

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Mr. Chair.

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Sure.

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Have your client raise their hand.

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Is your client's last name Harrison?

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Yes.

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He's unmuted.

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You can speak now, Mr. Harrison.

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Mr. Harrison, have you heard everything I testified to?

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Wait a minute.

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Mr. Harrison, could you state your name and spell for the court reporter?

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Yes.

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Yes, my name is Gabriel Harrison, G-A-B-R-I-E-L-H-A-R-R-I-S-O-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.

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Proceed.

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Thank you.

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Mr. Harrison, have you heard my testimony?

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I did.

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And do you believe it to be true?

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I do.

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An accurate account of what you're attempting to do?

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Yes, I do.

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and would you and would you adopt the testimony as true and correct

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i would and is there anything else you would like to add

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um well if there are any questions uh but as far as what you said it's all true

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thank you

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questions from the board no mr chairman no mr chairman no mr chairman mr chairman

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questions from the virtual audience chair we have mr charles richardson

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mr richardson you can unmute yourself and wait for the chair

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good morning mr chair good morning mr richardson could you state your name and spell for the court

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report

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mr richardson

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you need to unmute

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can you hear me now we can just state your name and spell for the court reporter please

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yes charles richardson from the office of councilwoman cindy bass richardson r-i-c-h-a-r-d

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s-o-n room 312 city hall do you swear a friend to tell the truth the whole truth nothing but the

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