civus
Hearing video

ZBA Hearing - October 5, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 5, 20213h 40m

Our office believes it has improved as a result and that they deserve to be heard today and

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judged on their merit.

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I know some community members have expressed concern, and my office has been pleased by

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the responses Chosen 300 has provided in terms of their intake process, staff training, and

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commitment to their role in making this part of West Philadelphia a safer place to live and work.

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Also, I feel it is important that I respond to the claims levied by Protestants Council that

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the coordinating RCO has acted with some sort of bias or impropriety. I want to make clear first,

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PEC CDC is in good standing with the city's RCO policies and has the right to set voting

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procedures as is the right for any coordinating RCO per the city code. We know multiple RCOs in

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our district that adopt a hybrid approach that allows for electronic as well as in-person voting.

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The fact that in-person voting was taking place was said into the record during the meeting,

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so no one can claim they were caught off guard by this. Second, council's description of PECCDC

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in their written exhibits is just plain incorrect. PECCDC has an entirely different board,

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management and staff than the pec that is a homeless service provider therefore accusations

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of impropriety are baseless and frankly hurt all of us who try to ensure meaningful community

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dialogue in the city's development review process thank you for the opportunity to submit testimony

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on this matter sincerely jamie r gaudier council member third district any questions mr chairman

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one minute thank you mr goodman mr pressman i think before we go to mr demarco no no your

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honor mr chairman i finished my uh direct mr demarco mr goodman uh thank you for your testimony

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um was pec uh made the coordinator coordinating rco was that the choice of of the councilwoman

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Yes, per the code, any area where there are overlapping RCOs, the assignment falls on the district council office.

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Okay, but you don't, we don't, there's no disagreement that PEC is a homeless advocacy organization. Do you agree with that?

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That the nonprofit more broadly does provide that sort of housing and services, yes, but it's different than the community development corporation that serves as the RCO.

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Well, this is why I'm questioning you. My understanding of PEC is that it's a homeless

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advocacy organization because that's what's on the main website. Do I understand that correctly?

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The CDC is different than the branch of the organization that does the homeless services.

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Yes. And you did you do agree that you can see three letters of opposition from the other other registered RCOs.

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Yes. That's all I have. Thank you, Mr. Pressman.

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Any other witnesses? Yeah, we're going to in rebuttal to the question on hardship.

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We're going to call an employee, Sharika Douglas. I can offer proof.

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Mr. Chairman, is she going to testify about?

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You're breaking up, Richard.

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I'm sorry.

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I'm asking for an offer of proof.

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He mentioned that this was testimony about hardship.

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I just want to know who this person is.

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Mr. Jenkins will give the offer of proof specifically.

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Sharika Douglas is our program manager at Chosen 300.

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She has a background in toxicology and infectious diseases,

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a nationally certified food and safety specialist,

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and an OSHA certified specialist as well.

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Marco. Well, I'm not, I guess we'll let it testify. I'll reserve objection. I'm not sure why.

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Well, I'm not, I guess we'll testify. I'll reserve objection.

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I'm not sure why it's relevant to the zoning, but go ahead.

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Well, let's hear. Yep. Mr. Pressman.

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Did she raise her hand? Ms. Douglas.

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Ms. Douglas, you can unmute yourself and wait for the chair.

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Good morning.

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Good morning, Ms. Douglas, Rich Pressman. I have a few questions.

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Let me swear her in first, please. Ms. Douglas, please spell your first and last name.

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First name is S-H-E-R-I-C-A, last name Douglas, D-O-U-G-L-A-S.

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Swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Please proceed, Mr. Pressman.

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Ms. Douglas, what is your professional background?

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Professional background is in immunology and infectious diseases and also food safety.

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And are you a nationally certified food safety specialist?

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Yes, I am.

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And do you have a dual degree in toxology and infectious disease?

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Yes, toxicology and infectious diseases.

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And that comes from Penn State University. Is that accurate?

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That's correct.

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You're also OSHA-trained or certified?

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Yes.

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With the chosen 300, how many locations does it currently serve?

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We have three regional locations.

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And including the 3959 Lancaster Avenue?

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Yes, that's correct.

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What has been the impact with regards to COVID on the use of that property?

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uh so uh due to covid uh known that we serve a uh vulnerable population we haven't been able to have

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a worship service um inside the building uh we have also um transition or did a hybrid mod for

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meal service uh we actually just started that where we're able to do um serve some people inside

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and outside. Some of our programs, we have went online for those who are able to access

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internet access. For those who cannot, we have been doing appointment only. That way we can

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cut down on some of the numbers that are coming inside at the same time.

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Yeah, so those are some of the major steps we've taken so far.

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What is your opinion with regards to the safety of having in-house worship at this current time with the pandemic in its current state, including the Delta variant?

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At this time, it's still a little risky.

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We do serve a vulnerable population, different age group, homeless.

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And even now, not everybody coming in.

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We don't know their health status, so we try not to put them all in the building right now.

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And it's just safer to continue our service outdoors at Love Park.

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And has that impacted the use of the building overall?

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Yes, it has, because we normally on a Sunday where over 100 people would be inside of the building and we have our worship service and then a meal service as well.

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So that would be too much traffic inside on a given day.

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And the use of the basement area, other than the COVID vaccination that was done for a couple hours, has that lower level been used as far as you're aware?

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No, I believe we had one barber day, free barbershop service down there, but it wasn't able to continue because we do have people that come in in wheelchairs and it just didn't make sense to continue and shut some people out.

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is that um current makeup of the building including the lower level of hardship on

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the use of the building objection please repeat zoning expert

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well he's asking her a question she has a service so

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he used the term hardship he's asking his own

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ma'am please proceed please repeat that um the uh with the current restrictions in place and

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concern of the health and safety of your congregants, does that create a hardship on the

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building, use of the building? Yes. No further questions. Ms. Douglas, thank you. You just

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testified that the COVID restrictions impose a hardship on the building. Did I hear that

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correctly? Yes. So so then why would you why would you why

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would you want to house individuals homeless population

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want to house individuals, a homeless population in the building, don't the same concerns exist to

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that? But with our screening process, we're able to do a deeper dive into the people that we

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allow to come inside. So right now, during our current service, we don't check, we don't know

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their health status. We don't, we don't always dive as deep as, as we, as we can, because many

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managers coming in for a particular service. However, when we do the overnight personal

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care facility, it will be a little bit different where you would be digging a little bit deeper

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into that. So you don't, you don't ask, you don't ask these questions to people who are coming in

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into your property about their health background yeah that would be tapping into something else

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so no they're coming in for a meal and we serve the meal they're coming into worship we

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provide that they're coming in for expungement services um that's between them and the lawyer

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if they come in for um a different health service we connect them with actual um nurses that so that

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we're not violating anyone who's there. Okay, so you're already having people come into the

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building. You're already serving a homeless population at this property, correct? Feeding

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them? Yes, that's correct. All right, are you doing a deep dive with regard to those individuals,

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with regard to their health backgrounds? So not necessarily with, how deep are you,

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mentioned it because someone is coming for food i don't ask them if if they i'll explain i'm hearing

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from from you and mr jenkins that you can't have house of worship use yet you're having homeless

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individuals come in and you're feeding them but you're telling the zoning board that somehow you

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this the covid restrictions are preventing you from operating a house of worship yet you're

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telling the board that you deserve a variance to have people sleeping three feet away i'm confused

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by that testimony so in conflict to me doing worship like you're if you're keeping in

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consideration age group that's something you can you can see off the bat um what's going on um

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health-wise doing meals you you'll hear from people what what their health with your diet

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restriction is based on something they have so we do have some understanding um of the population

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that we do serve and some of the health concerns that they have based off of things that are

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shared. So that's why we haven't been able to fully use our location. So to sort of sum up,

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Ms. Douglas, the testimony has been offered before that there's difficulty in operating

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a house of worship use due to COVID-19 restrictions, but somehow those concerns will

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not exist to a homeless shelter where you have free people people sleeping three feet apart

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right um even with the city three so three feet apart if you're head to toe that is that is

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absolutely fine uh six feet apart um head uh if they're head to head uh so it's it won't be a

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problem but like i said there will be a deeper dive um during covid that way we are not putting

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people who have any underlying conditions at risk. And then we would agree that a homeless

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population is, I believe you already used the term, but a homeless population is a vulnerable

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population, correct? Yes, but when you're considering different health issues, you would

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have to look at other underlying conditions as well. And like I said, that would be a deeper dive

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based on what we're planning to do.

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And you certainly wouldn't dispute that you could operate,

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you would agree that many houses of worship

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are operating under the current COVID restrictions.

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Do you agree with that?

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I agree.

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However, they have taken precautions

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in terms of making it known

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if you have underlying conditions,

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just recommending that they do Zoom.

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So a lot of places have taken precaution

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for people who do have underlying conditions that are more prone to becoming sick all right and

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there's certainly nothing stopping chosen 300 from up from implementing those types of

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of concerns and restrictions in order to be able to operate a house as well nothing stopping you

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so at this time we like we always prefer um with a not to separate anybody um not to and with people

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not being able to have internet access to even view the worship online it would just do be do

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a disservice just to separate people that way right so you could do a hybrid where you have

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Right. So you could do a hybrid where you have people on Zoom listening to your services.

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people on zoom listening to your services and you can have

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However, we serve a population that are not on Zoom. So that would not apply to us.

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Right. But you could certainly implement certain restrictions. So you could operate a house of worship at your property, correct?

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You'll be cutting out a large population. That's why we do it at a site that we are outdoors.

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So you'll be cutting out a large group from our population from even coming in.

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I understand that, but you're certainly not going to deny people who want to practice their religion.

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You're certainly not going to deny them the right to serve them in your property, correct?

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No, we will never deny anyone, however, we want to make it even, where we're allowing, we're giving people the full opportunity.

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So that's why we have our service currently outdoors.

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I have no further questions. I do have a question for Ms. Douglas. Notwithstanding the issue of COVID, are there guidelines that need to be taken as it relates to the health department?

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does the health department have standards that you have to abide by again notwithstanding covid

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covid obviously someday will go away but typically speaking uh this health department in any way

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uh interact with you or uh with the clients that you would be bringing in or their standards for

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them in terms of food safety um that's that's it right now do you mean for if they're staying

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overnight yes we haven't been approached yet but i i'm pretty sure there'll be something

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i i would i would think so i just was curious and as far as food safety obviously there are

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standards correct yes there is and are as a restaurant um who serves food they have

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certain number of staff have to be certified to handle food is that the same

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correct the nurse staff are okay thank you mr pressman i have nothing further mr chairman

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mark are you rest i have witnesses mr chairman let me let me ask the board if they have any

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questions as of now and before we get into mr demarco no questions no mr chair no no no mr

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chairman thank you mr demarco please bring your and before you begin i'm sorry uh mr kelly do

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you need a break uh mr chairman i am fine if you would like to continue or if you would like to

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take a break i'm fine either way marco how many witnesses do you have i believe i have three

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possibly more the three that i'm aware of all right let's uh it's 11 40 let's take a 10 minute

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break be back at 11 50. thank you okay thank you thank you mr chair

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23. working again everyone it is now 11 50. i see mr demarco yes mr kelly our court reporter you're

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back I am chair thank you and this I'm doing a roll call confessor you're here yes sir that's your

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Tom Tom Holloman yes Mr. Chairman Carol Tenere

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And Mr. James Snell, everybody's here. Okay. Full contingent. We're ready to go.

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Mr. DeMarco, I believe we were about ready to call your witnesses.

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Thank you, Mr. Chairman. I'd like to ask, first of all, I want to mention that the Bishop

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Maxwell, who was on the, on this Zoom call today had to go for an 1130 appointment.

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He's been at every Zoom meeting and he is, he did submit a letter. What I'd like to do is

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allowed to read letters i'd like to have his letter read in he said he would like that

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written in the record if possible richard you you fade in and out i know we had this problem

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last week i'm gonna buy a mic i'm gonna say spend some money yes yeah i will i think you

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racked up enough hours this morning to afford a mic oh my god let's go what i was saying

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Mr. Chairman, the Bishop, duly noted, the Bishop Maxwell was set to testify today.

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the bishop maxwell was set to testify today he had to go at 11 30 a.m he's been on every meeting

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He had to go at 1130 a.m.

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he does have a letter i would he asked if it could be read at the conclusion yes but i'll call

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okay i'll call bernadette ingrid weish please if she's on please raise your hand virtually miss

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white yes i just did hold on miss miss white please please spell your full name

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ingrid ingrid bernadette b-e-r-n-a-d-e-t-t-e white w-y-c-h-e do you swear or affirm to tell

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the truth the whole truth nothing but the truth I do thank you Mr. DeMarco Bernadette thank you

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just explain to the board why you're on this call and why you're uh you have opposition to the

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proposed use please in your own words okay when the meeting was hosted by PEC June the 14th

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when the votes were taken at that time it was in favor six opposed six abstain nine

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