civus
Hearing video

ZBA Hearing - March 27, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 27, 20245h 37m

And it is literally a cheer jerker to see what Curtis has done there.

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We have been in and out of the building throughout the construction phase and encouraging him and lifting him up.

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And and even now we're just still in his corners.

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We shop there at that store, had big laughs with his grandfather and appreciate the entrepreneurial spirit of that family.

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And so we urge you to support us in having the restoration of another African-American owned business in our community.

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We lost quite a few of them during, you know, the riots.

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uh during uh you know the riots and so we really don't have a lot of black businesses in our

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And so we really.

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community at all okay thank you for taking the time to call us we appreciate it is there anyone

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else in the virtual audience um yeah there's um a number ending in zero one three one

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why could you please state please state your name and spell for the courts

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number ending in zero one three one please unmute and wait to be sworn in

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you may be having difficult okay thank you uh planning planning commission stop

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Hello?

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Good afternoon, Chair.

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Please proceed.

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Peter Bernard for the Planning Commission.

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The comprehensive plan recommends no change to the CMX-1 commercial mixed use at this location.

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We feel the applicant has a demonstrated hardship.

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Accordingly, the Planning Commission recommends the Board grant the variance.

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Thank you.

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M-I-2024-000-373-1949-West Snorris Street, I vote yes with proviso.

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Limited use to first floor and basement.

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Thomas Holloman, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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Ishmael Shahid, my vote is yes with proviso.

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Thank you, counsel.

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Okay.

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Number 14, MI 2024-000161-5918 North Park Avenue.

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Alan Nockamson is the attorney.

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Let's see here.

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Good afternoon, Mr. Chair. Alan Ockmson.

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Could you identify your client in relationship to the property?

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Herman Real Estate Holdings, LLC, and a virtual audience should be Michael Belder.

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For a point of information I see here, have you talked to Hillary about this case?

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Not at all.

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So I see the. What really wasn't a. An RCO meeting, am I correct?

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No, there was an RCO meeting. I was going to I want to hold this. I want to present and hold this.

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That's what I'm saying. Well, listen, listen to me. It's what I'm saying is I want you to present and we're going to hold it for a resumptive hearing.

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Yeah, that's right. Oh, yeah. No, I mean, I didn't even talk to Hillary about it, but that's what I was planning to do.

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OK, yeah, yeah. There's a note here. We're going to hold the vote for a resumptive hearing.

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and then contact the zba staff when you're ready okay that's right okay all right um our vice

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chair has a few questions good afternoon counsel do you agree the way the reason of the refusal

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or stipulate towards accuracy i did have you emailed in all the required document

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and exhibits that is needed to proceed with this case accept the rco letter five days

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advance for this hearing now yes thank you please proceed if you use them all right great

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all right so i'm here to present 5918 north park avenue um this board has heard this matter before

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a decent time ago before all of us but and granted the same relief so we'll i'll first

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presented notice of refusal and the correspondence from a concerned community association was a

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placeholder um you know we did have a certified meeting no one showed up unfortunately we were

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asked to have another meeting which we will after this hearing um and we'll you know present this

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and we asked the board to hold it which we did um property history you'll see the you know the

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zoning permit which granted you know the the relief that we're seeking today which is three

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units maps of the area by the way this property is the lot area is 4 699 square feet so it's a

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rather large lot maps of the area you know the photographs of the property in the surrounding

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area or plans and drawings or rco meeting notice for you know the past meeting we'll have a new one

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when we present again the results of that community meeting our application for appeal

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our deeds of property, showing that Herman Real Estate Holdings LLC is the owner, and our

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Certificate of Tax Clearance. Again, in the virtual audience is Michael Belder, one of the representatives

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in the virtual audience is michael belder uh one of the representatives from the corporate

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from the corporate.

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property owner uh and i'll just ask him a few questions uh so he can adopt my testimony

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pretty straightforward project this is an rsa3 property

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which is you know rather large in size almost 4 700 square feet i looked at the property history

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according to Atlas. This property speaks nothing of a RSA 3 property. In 1987, this was a daycare.

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In 1989, this was a boarding house with seven rooming units. And in 2014, this board granted

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a variance for a three-family dwelling. So, what we're asking for is a three-family dwelling

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is in conformance with, you know, this long property history of non-single-family use.

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Again, my client previously obtained this use, started doing some of the renovation work,

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and unfortunately with COVID happening, stopped, you know, that work, and now is trying to, again,

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get, you know, the zoning permit to revive it and then to get a CO eventually.

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So, again, we met with a concerned community organization, but, you know, we did not have anyone attend that meeting, so we're having another meeting.

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Property history, as you can see, this property has had a three-family use, you know, approved by the zoning board.

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And then maps to the area where, you know, again, while we have a sliver of single-family use,

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And by the way, we're just off of North Broad Street.

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So, you know, while we have a single family use here, we're near the commercial corridor of North Broad Street.

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So it's not out of character to expect to have multifamily on the same block, essentially, as North Broad Street, just a block east.

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And then photographs of the property.

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Again, this is a rather large house, too, in addition to the property itself.

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This is proof of our notice that was posted on the property for today's hearing.

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And then this is our property from North Park Street from both angles.

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There is other multifamily properties on that block as well.

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4912 and 4902 are also multifamily, even though they have a RSA 3 zoning classification.

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These are our simple floor plans here.

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But if you walk through the front door, you make, you know, there's a vestibule area, you make a left, there's unit number one, which is one bedroom, one bath.

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The lower level, there is no access for the residents themselves, so there's no living in the basement, there's no access to the basement, and just as a side note, trash is stored in the rear, and everyone has access to that rear yard through the side yard.

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You go up a flight of steps, then you have units two and three.

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Unit two is right here.

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Oh, actually, I guess unit two is here, which is a two-bedroom, one-bath.

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And then unit number three is a bi-level, where you have the kitchen and you have the dining room,

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and you go up a flight of steps, and that's an additional two bedrooms and one-bath.

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uh we had an rco meeting we were even asked to do additional work which we did so we're asked to

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provide an additional notice or change our notice somewhat from what's the typical rco notice which

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we did show the picture of the property provide more description than we typically do

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screen is stuck let's see i'll try to do this one more time

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uh my program crashed on me my acrobat adobe crashed on me so i do apologize

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um let me go and share my screen let me get back into this

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Let's try this one more time.

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So, you know, we've provided that additional notice.

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So, you know, we provided that additional notice.

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We emailed our notice to the community organizers, the coordinating RCOs and all other RCOs with proof of mailing of the notice that we sent out.

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We sent that notice to 83 addresses, proof of mailing, I mean, those addresses, proof of mailing to those addresses, our application for appeal that we filed on behalf of our client, the deed to the property, and most importantly, the certificate of tax clearance.

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Again, we embrace the fact that we'll have another community meeting.

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Hopefully, we'll get some people there and we'll have some input.

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But with that being said, I would ask that Mr. Belder virtually raise his hand.

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sir i'm sorry chair i don't see a builder in the virtual

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audience i have a hand raised by uh sarita brown

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well let's double check to see double check to see if that's him

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I believe that's Sandra Brown, who's the representative of the coordinating RCO, if I could be wrong.

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You've been allowed to speak.

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Hi, could you state your name, please, and spell for the court stenographer?

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Yes, my name is Sarita Brown, S-Y-R-E-E-T-A, last name Brown, B-R-O-W-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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So we're going to have a resumptive hearing so that the RCO can have another meeting.

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Okay, so that's the question I wanted to ask.

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Would that date be provided?

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Also, regarding his March 11th date, this is the first me and several other people who are actually in a virtual audience is hearing of this.

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that mailing list. I was trying to screenshot to see if the right addresses were on it

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to make sure because we did not get any notices in the mail regarding any notices about this

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property. Well, that's why we're going to do it again. Okay. Thank you. Okay. Sure.

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That's great. You can email me at alan.nockmson, N-O-C-H-U-M-S-O-N at N-O-C-H-U-M-S-O-N.com

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so I can reach out to you.

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Mr.

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Nockam, I'm sending you an officer of the court, so

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we don't, there.

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Questions on the board?

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No, Mr.

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Chairman. No, Chair.

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Questions or comments from our attorney?

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Ryan McSherry?

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No, Mr. Chair.

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Questions or comments from the virtual

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audience?

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i'm sorry brown's hand is up again okay let us speak hi miss brown

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just the one question um for this the um your your client who's uh who wanted to make the property

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the three unit apartment um for the property the question would have been uh i know we're

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in your uh your filings was your client willing to do the we're gonna sarita we're not going to

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talk about that now but there's going to be another hearing and you can have a conversation

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with with them at that hearing okay thank you um planning commission do you want to uh there's

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going to be an additional resumptive hearing do you want to take a position today or do you want

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away for the hearing. Peter? Chair, as the district planner, I would like to wait until

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we're able to. Okay, sure, sure. So, the applicant should contact the ZBA staff once the RCO

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meeting has been held. Resumptive will be for feedback from the RCO, additional public testimony,

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and recommendations of the Planning Commission. Thank you, Mr. Nockelson.

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hi chair tanya again is do we do we have our interpreter yes i believe so and we would like

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to okay let's do it let's let's get please um lakeisha you have some promoting um people now

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all righty thank you kindly chair sure interpreter first please

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this is mike uh the mandarin mike you've all mike you've already been sworn yes i did

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they're they're coming on and um what what we're going to do is uh we're going to ask whoever's

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going to testify to state their name and spell it for the court stenographer and then we're

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court stenographer and then we're going to square them in okay so could you do that first get them

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going to swear them in okay so could you do that first get that

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to state their name and spell for the court yes and i'm sorry um chair before that um i'm trying

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to promote them but it's keep saying that they're declining uh please accept the uh invitation to be

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promoted

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okay

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Mike, do you hear what they said, Mike?

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Okay, I thought you were talking to some other people.

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No, they want you to tell them to stop declining the invitation.

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现在会发邀请给您,就是把您的案件往前移,您需要选择接受,不要一直拒绝,拒绝的话你就没有办法加入。

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this interpreter should i turn on my video yes your video or theirs

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we need their video okay i turned it on and was uh turned off but anyway okay so

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mr chair i'm also attempting to uh promote the two panelists but they are declining again for

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some reason. I'm not sure. Okay. All right. Could you ask them to stop the client and Mr.

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Why?

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What are they saying?

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I hear no response.

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Okay. They'll be rejoining, sir. I'm sorry to cut you off, but they'll be coming back in as a

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panelist. Okay.

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Okay.

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Mr. Wang, could you ask them to state their name?

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请问您听得到我们的声音吗?

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听到的话,请您告诉主席您的名字,然后把它拼出来,书记官要把它记录起来。

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Disinterpreter, I repeated the question, asked them to state their name and spell it out.

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I got no response.

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Okay.

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Jason, do we have any contact where they are?

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Yeah.

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Wait a minute.

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Say it again.

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Ming-Sung Hong.

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hi m-i-n-g-s-e-n-h-u-a-n-g

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mike mr wang is that them talking or is it sam talking

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there is a gentleman then earlier when it shows yeah i saw it there's a lady it's the same phone

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number again i am her husband okay all right um does does

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Just to make sure that they have a computer that they can present on.

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Do they have a computer to present their documents?

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Okay, I'm sure you have a computer that can show you the information you want to present on the computer.

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I'm in the computer.

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I am in front of a computer.

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Okay, turn on the video one.

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请你们两位要把摄像头打开。

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摄像头打开的话,等一下。

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One second.

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你们要看我们的摄像头吗?

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So you need to see our video?

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Yes, I want to see the video.

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是的,我们需要看到您的摄像头打开。

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好的。

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