civus
Hearing video

ZBA Hearing - July 12, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jul 12, 20235h 52m

Keish, let me know when we're ready.

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Yes, Chair.

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Chair, we have 43 attendees, and we can start as you wish.

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Thank you.

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Good morning, everyone.

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My name is Bill Bergman, and I'm sorry for the little bit of a late start.

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We had a little longer executive session.

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With me today is our Vice Chair, Ismail Shahid.

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President, Mr. Chairman.

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Thank you.

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Our Board Member, James Snell.

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President, Mr. Chairman.

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Also, here is Hillary Emerson, our Attorney, and our Executive Director, Tanya Sunkett.

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Here's our virtual format.

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Be advised the proceedings are being recorded.

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Video will be available contacting Tanya Sunkett at phil.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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And finally, the question and answer box on the screen is not for comments or testimony.

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All comments should be directed to our Executive Director, Tanya Sumter.

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Let's look at our schedule for today and some of the continuances that we have.

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Number one, MI 2023-000729-6331-41, Castor Avedo, this case is continued.

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Number four, MI-2022-004588-6336 Algard Street, this case is continued.

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Number five, MI-2023-000460-1515 Mars Street, this case is continued.

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And number 10, MI 2022-004-553-9855-89 Busselton Avenue. This case is continued. Mark must be tried.

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And number 11, MI-2023-000-459-3200-Vonshaw Street, this case is continued.

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Does anyone have any comments relative to the cases that I've just continued?

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Good morning, Mr. Chair. This is Jason. I will be co-hosting today. I do not see any hands at this time.

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Thank you, Jason. Are there any other requests for continuance?

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Sir, I have a Dara Rimes with their hand raised. I will allow them to speak at this time.

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Good morning. Could you state your name, please, and spell for the court stenographer?

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Yes, my name is Dara Rimes, D-A-R-A-R-I-M-E-S.

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Right.

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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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Yes, I do.

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What case do you have, ma'am?

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MI-202.

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What's the address?

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Oh, 7636 Woodcrest Avenue.

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That's number 16, Mr. Chair, and we did receive a request for continuance from Ms. Rhymes.

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Okay.

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Okay.

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You want that case continuing, am I correct?

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Yes.

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Okay.

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Thank you. So, number 16, MI 2023-000-727-7636 Woodcrest Avenue, this case is continued.

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Thank you.

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Thank you.

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Are there any other requests for continuance?

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Yes, sir. I have a hand up from Belinda Dowdy. I've allowed them to speak at this time, sir.

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Okay.

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Le Boyne, could you state your name, please, and spell for the court sonographer?

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Could you state your name, please, and spell for the court sonographer?

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Melinda.

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Melinda.

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M-E-L-I-N-D-A.

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That would be D-O-U-G-H-T-Y.

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Right.

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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.

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You're requesting it to continue.

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Am I correct?

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Yes.

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Okay.

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So this is the second time.

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We still have no exhibits from you, sir.

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Yes.

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Yes.

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Yes, that was the problem, but I have everything now that I can distribute to you.

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So this case is going to be continued one more time, and it's marked must be tried.

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So MI 2022-004-558-1143 West Somerset Street, this case is continued.

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Mark must be tried.

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Thank you for calling in.

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Any other requests for continuances?

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Yes, sir.

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I have a hand up from David Orphanides.

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I've allowed him to speak.

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Good morning, Mr. Orphanides.

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State your name just for the record, please, and spell it.

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Certainly.

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David Orphanides, O-R-P-H-A-N-I-D-E-S.

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Right.

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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, sir.

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Sure.

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1124 to 28 Dickinson Street, MI2022006988.

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Yep.

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That was scheduled for a resumption hearing this morning.

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Counsel for some neighbors and the board attorney, Hillary Emerson, and I have been exchanging emails.

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I think we wanted to push that off till next week.

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Yep.

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I have that.

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I have that on my list when I do the add-ons.

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Oh, okay.

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I'm sorry.

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I apologize.

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Yeah, not a problem.

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Not a problem.

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Thank you for calling in, Mr. Orfinetti.

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Thank you.

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Any other requests for continuance?

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I don't see any further hands, Mr. Chair.

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I have several cases that we do not have exhibits.

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Number 12, MI 2022-004-559-634 Park Lane.

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This is the second listing.

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No one appeared at the last hearing.

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Perry Bowers is the owner applicant.

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I do not see any hands, Mr. Chair.

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Thank you. MI 2022-004-559-634 Park Lane. Second listing. No exhibits. No one appeared the first time. I vote to dismiss.

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James Snell, dismiss.

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thank you number 13 mi2023 00725 1449 south 32nd street this is the first listing

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we have no exhibits michael malloy michael malloy may be the attorney

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mr chair i have erica miller with the hand raised i have a lot okay thank you

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Hi, Mr. Chair, my name is Erica. Hi, could you state your name, please, and spell for the court stenographer? Erica, E-R-I-K-A Miller, M-I-L-L-E-R. I'm an attorney at Obermeyer, Redmond, Maxwell, and Hipple.

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Do you swear for him to tell the truth, the whole truth, nothing but the truth? Do you need a continuance in this?

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i do not my paralegal mentioned that she sent the exhibits on friday and then again

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on monday i have them with me today to present okay um so what what i'll do is we'll

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hillary do we have any could someone check to please see if we have that oh yeah we'll have

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to look because we we haven't seen anything what do you know where you sent them miss miller

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my paralegal susan mariano m-a-r-i-a-n-o um sent them i believe to you i'll confirm with her

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and okay because i what i'll do is i'll put this off and we'll call it later hillary

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okay that's fine we'll see if we have them okay thank you thank you number 15

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M.I. 2022-001-110-6619 Musgrave.

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Abe McGarr-McJarrett is the owner.

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No exhibits.

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This is the third listing.

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Mr. Chair, I have a Rania Major Esquire with the hand raised.

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I will allow them to speak at this time.

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Unmute.

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hi can you hear me chairman yes good morning could you say good morning yes your honor um

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Yes, Your Honor. This is Rania Major. I'm a counsel for the property at 2740 North Front Street. Just so you know, I am in criminal court. I'm answering ready for a homicide trial next week, and I cannot stay on here the entire time.

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this is ronnie major um i'm a

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Well, hold on, hold on. This is 6619 Musgrave, right?

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2740 North Front Street

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You haven't called the case yet

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I just can't stay on here

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Then you can't stay on

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That's fine

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I don't see that case

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On our list for today

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2740 North Front Street

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That is not on our list

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For today

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Thank you Hillary

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6619

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supposed to be, Hillary. The only Front Street case I have on our list is on the 2 o'clock

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list, and it's 10 South Front Street. We don't have any other Front Street cases on our list

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today. Hillary, I gave you the wrong address. I'm sorry. That was his home address. It's

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2-0-0-5-0-7 East Sargent Street.

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Oh, okay.

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So that's, so that for, so you're counsel for John Santiago?

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Correct.

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Okay, so we have received no exhibits for that case, and this is the second listing.

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The exhibits, actually, I just got the notice yesterday, because we've been calling and

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leaving messages for months, and no one's called us back, so I just got your web ID

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and the zoning notice.

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My client never provided it. That being said, the exhibits were attached to his appeal.

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No, they wouldn't have been because you have to provide such things as proof of posting and proof of an RCO meeting.

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And those are not attached to your appeal because those haven't occurred yet.

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That's not the reason for the appeal. The reason for the appeal has to do with the fact that these are his own personal vehicles.

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And he submitted seven titles.

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okay well i i'm gonna have to take a look at it where am i where am i in the pecking order i don't

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want to take up and well this case is going to have to be continued because we did not receive

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exhibits like we need because if it is it if this was an appeal from a refusal that was issued by

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l and i there needs to have been an rco meeting and the property needs to have been posted and

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we need to receive proof of those things prior to the hearing. Okay. So, this will need to be

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continued because we did not receive those things. Yes, and we can all reach out to that person

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tomorrow. Thank you for calling in. So, I'm back at number 15 MI 2022-001-110-6619

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must grieve Avenue. Third listing, no exhibits. Mr. Chair, I'm sorry, just because we just had

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a conversation with this major, can we just announce the continuance for Sergeant Street

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number 17? Sure. Thank you. Number 17, MI 2022-004-563-2005-07, Sergeant Street. This case

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is continued, Mark must be tried. Back to number 15, 6619 Musgrave. Mr. Chair, I do not see any

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hands for that. Thank you. MI 2022. Sorry, Mr. Chair, I do see someone with the name of the

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applicant in the the audience um so mr moharad yeah or maharad

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abe moharad mr moharad please raise your virtual hand and wait to be sworn in

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still nothing sir

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Mr. Charles Richardson has his hand raised, so I won't allow him to speak at this time.

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Good morning, Mr. Richardson.

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Good morning, Mr. Chair.

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Do you just state your name for the record?

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Yeah, Charles Richardson, Office of Councilwoman Cindy Bass, Richardson spelled R-I-C-H-A-R-D-S-O-N.

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

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I do. I had a conversation with the expediter for Mr. Muharred.

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But yesterday, they said they were going to come on and request a continuance because they've had some issues with trying to get in contact with the RCO.

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And I did tell them that they would have to be on here this morning in order for them to make that request for continuance, or he would have to have an attorney on to make a request for continuance.

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I did tell them that they would have to be on here this morning in order for them to make.

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So I do know that they have not met with the RCO as yet.

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They met with a block organization, a block committee, thinking that that was the RCO, but it was not.

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So thank you, sir.

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Thank you very much.

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So MI-2022-001-110-6619 Musgrave, this case is continued, mark must be tried.

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And number

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15

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Number 16

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MI 2022

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000727

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7636 Woodcrest Avenue

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