civus
Hearing video

ZBA Hearing - July 12, 2023

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

Proof of mailing to these addresses included, and then for the other address at 1115, same thing, proof of mailing.

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There are applications for appeal to the ZBA, along with our project information forms.

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Our detail property showing up on the street is NEAT LLC, is the owner of the property, and then our certificates of tax credits.

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With that being said, I'm going to unshare my screen.

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I would ask that Mr. Shaw virtually raises his hand.

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

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Excuse me, my name is Robert Shaw, R-O-B-E-R-T-S-H-A-W.

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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.

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Pushy.

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Yes, Mr. Shaw, you heard everything I had to state today about your zoning matters.

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Yes.

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And what I stated, is that true and correct?

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Yes.

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and do you adopt that as your own testimony yes thank you questions from the board no chair

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why should you yeah yeah i'm sure i just i just want to interject quickly i i believe that

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the refusals should be the same for both properties so it appears that one is missing for 113

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palmer street um the one about the parking in the front yard yep but i just but if the board does

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grant that variance will automatically uh be any mayor any additional variance needed will

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automatically be um included in what the board grants today so i just want to put that on you

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want us to read you want us to read that too uh no you don't have to i just i just summarized it

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okay well thank you thank you yeah because i just i just wanted to mention it now because

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they're not going to sit ahead and mention it in his presentation so okay thank you that's great

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thank you comments from the virtual audience

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chair we have robert everett okay good afternoon mr everett could you state your name please and

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spell for the court reporter yes good afternoon everyone first name is robert r-o-b-e-r-t

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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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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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I do.

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Are you a neighbor or a member of the RCO?

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I'm a member of the RCO.

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I'm on the zoning committee, and I'm just confirming everything Alan said.

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We've worked with his associate, Alex, on this whole matter back and forth several times, and it's correct.

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And to Hillary's point, that did come up at the meeting that they were both the same refusals.

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Okay.

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Thank you very much for calling in, Mr. Robert.

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We appreciate it.

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Is there anyone else in the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Thank you, Chair Bergman, and good afternoon.

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Sorry, David Fecto with the City Planning Commission.

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Chair and members of the board, the comprehensive plan recommends no change to the residential single-family zoning at this location.

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There is no unique physical condition or circumstance of either property that will prevent them from being used in conformance with the zoning code.

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The City Planning Commission recommends that the board deny the proposed parking variances for each property.

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Thank you.

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Mr. Nockamson, do you want to respond at all?

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Yeah.

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So, again, if you look at the nearby properties, it's not out of character to what we're proposing.

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Each of these other properties, because of the width of these properties, you're able to put two parking spots with one curb cut.

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So it's a net plus one for each of these properties.

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So what we're asking for is not out of character.

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It's not a zero-sum game of one-to-one.

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All right, so number one, MI2022, 005-976, 1113 East Palmer.

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Hillary, can I do both at the same time?

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Yes, Mr. Chair, that'd be fine.

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And then number seven, MI2022, 005-567, 1115 East Palmer.

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I vote yes to both.

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I'm sorry, Chair, one more time.

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Tom, vote again, please.

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You're breaking up, Tom. Try one more time.

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Yes.

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Mr. Snell?

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James Snell, yes to both.

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Right.

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Is your usual out?

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Thank you, Mr. Notkinson.

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Thank you very much.

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Okay.

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Number three.

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MI 2023-00987, 1945 North 5th Street.

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Joseph Consul is the attorney.

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um letter of support from norris square letter of non-opposition from council person lazada

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hey i'm here i don't think i uh was ever taken off of being a panelist tomorrow

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i think you've i think you've been here over lunch too so thank you um just for the record

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could you state your name yeah it's joseph consul c-o-n-s-o-l-e do you stick late to the reading

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any accuracy of the refusal? I do, yes. Okay. Share your screen, please.

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Did my packet come up? It did. All right. Good afternoon, everyone. Joe Consul here for

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1946 Fifth Street, LLC. With me is John Bonner from 1946 Fifth Street, LLC, which is the

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entity that owns the property. This property is on Fifth Street, and I'll give you a view right

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now. It is the property right next to the Norris Square Auto Repair Center right here. It's this

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three-story property right here. The left side of the street, and let me pull this up right now.

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um the left side of the street here and all around surrounding the property is zoned multi-family

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this side of the street is zoned single family although there are two other uh approved duplexes

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on our side of the block here um my client purchased this property um seeking to rehabilitate

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it as a two-unit building and we have a refusal for that i just want to give you guys an idea of

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the property looks like. Here's some work he's doing on cleaning it out. It's next to an empty

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lot. It goes street to street, so you can see you got the back there. Here's the interior of the

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property. His goal is to rehabilitate it and provide two units. The first floor would be a

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would be a one bedroom one bath unit here's the plans

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one-bedroom, one-bath unit. Here's the plans.

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and the uh second and third floors would be a two bed or three bed two bath unit

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so that's the third floor two bed two bed or one bath two beds second floor a bed and a bath

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kitchen living area and then here's the first floor plan there's no proposed uh living space

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in the basement of this property. Now, my client also happens to operate the Norris Square Auto

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Repair Center, and that's how this property came onto his radar. One of the neighbors offered to

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sell it to him. They had started rehabilitation and decided not to go that route. And one of

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the reasons was they didn't feel like a single family home made sense considering its proximity

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to so much multifamily and being next to an auto repair center. They believed, and the RCO did as

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well, that a two unit building here would work better because there's a need for rental units

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in this area. And just being next to the auto repair shop, they did not feel like a large

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single-family home would make sense there now it's the largest lot uh on the block coming back

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to here it's almost 1400 square feet abuts reese street uh we met with the norris square civic

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association and we got their unanimous support uh and then we subsequently got a letter of

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non-opposition from Councilman Lozada's office.

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That's it for my presentation.

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We believe it's a good candidate for the multifamily

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because this side of the block does have multifamily

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and it's surrounded by a multifamily

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for basically blocks surrounding it.

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So we think this is a good opportunity for a-

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Is your client here, Mr. Counsel?

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John, could you raise your hand?

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we don't have a jama we have a jennifer garcia oh yes perfect jennifer yes i'm here

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hi could you state your name please and spell it for the court reporter jennifer garcia that's j-e-n-n-i-f-e-r

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garcia g-a-r-c-i-a do you swear or affirm to tell the truth the whole truth and nothing but the

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truth yes sir proceed counsel good afternoon jennifer you're the owner of one nine four six

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fifth street llc that's correct that's correct and sorry i was messaging with john so i assumed

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he was here um did you hear my presentation now regarding this property i did yes as do you agree

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with what i said and wish to adopt the testimony as your own yes is there anything you'd like to

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add today? No. Okay. Nothing. Questions from the board.

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No chair. Thank you. Questions or comments from the virtual

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audience?

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I see. No, he is here. Planning Commission. Thank you, Chair

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Bergman, David Fecto with the City Planning Commission. The

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comprehensive plan recommends a change in zoning at this location

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from residential single-family to residential multifamily.

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However, in 2021, the zoning maps were changed

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to residential single-family

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and a community-led zoning mapping process.

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There is no unique physical condition

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or circumstance of this property

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that would prevent it from being used

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in conformance with the zoning code.

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The City Planning Commission recommends

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the board deny the use variance for two dwelling units.

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Okay, thank you.

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MI 2023-000-987-1946-North 5th Street, I vote yes.

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Thomas Thomas.

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James Snell, my vote is yes.

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Do you need Thomas one more time, Mr. Kelly?

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No, Chair, I got him. Thank you.

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Thank you. Thank you, counsel.

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Thank you, board.

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Number four, MI-2023-000-471-2829-59-North 23rd Street.

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Neil Sklaroff is the attorney.

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Letter of support from Allegheny West Civic Association.

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Neil Sklaroff is rejoining us as a panelist.

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Okay.

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Hi, Mr. Sklaroff, how are you, sir? Could you state your name, please, and spell for

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Hi, Mr. Sklaroff. How are you, sir? Could you stay?

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the court reporter?

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Neal Sklaroff, please unmute yourself.

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Mr. Sklaroff. Yes. How are you, sir? Good afternoon. I'm good. Sorry about that.

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Sure. Sure. For the record, could you state your name and spell, please, for the court reporter?

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Yes. Neil Sklaroff, N-E-I-L-S-K-L-A-R-O-F-F. Right. Do you swear or affirm?

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Paxson in Philadelphia, with the address of 1500 Market Street, Suite 3500E, Philadelphia, zip code 19102.

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

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Yes, I do. Am I coming through?

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You're fine. Yeah. We hear you.

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Can I share my...

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Hold on one minute. Just for the record, Mr. Sklaroff, could you identify your client for

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the record? Certainly. I have the pleasure of representing the school district of Philadelphia

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this afternoon. The school district purchased the property at 2829 North 23rd Street in 1908 and

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1912 and built the original T.M. Pierce Elementary School in 1916 and operated the school for 100

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years. You stipulate to the reading and accuracy of the refusals? Yes, I do. Okay.

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Why don't we share your screen?

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I'm showing it.

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Is it not coming up?

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We didn't see anything yet.

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All right.

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Just give me a moment, please.

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We're fine.

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We're fine.

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Hi, Mr. Skleroff.

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This is Tanya.

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Are you using two devices?

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Yes.

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I'm just trying to get back to where it says I can share.

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and I apologize.

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Another moment, please.

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Mr. Schlaf, we're fine.

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why is it

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not letting me do this

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again my apologies

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how about Tanya's issue do you think maybe you could

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shut one of the devices off

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I don't have one

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okay

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Okay, but I can't see the green button on the bottom.

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I don't.

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I don't know why that's not appearing.

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Why don't we do this?

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why don't we get back to you why don't you take a couple minutes and we'll get back to take the

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next one and uh yeah we will we'll get we'll get back to you in a little bit okay all right thank

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you thank you i'm sorry i'm sorry chair this is tanya again i hate to interrupt but i believe

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but mr sklerov make sure that you're using the device that we're looking at you

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that's the same device you're going to share your screen yes i only have one one device

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and I can. Okay, thank you, Chair. I just wanted to mention that.

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