civus
Hearing video

ZBA Hearing - February 26, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 26, 20258h 26m

So this case currently

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is going to be moved on

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and this is the second listing

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so we do not have anyone here

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to speak on the case

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so we're going to withdraw this case

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dismiss it

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so dismiss it as in the applicant will have to reapply for this case so if there's currently

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a business operating in that space um without the proper application processes what what does

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that mean let me turn it over sir you would need to contact l and i they enforce the zoning code

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okay thank you okay thank you thank you mr moore thank you uh mi-2024-003-973

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201 north 58th street this case is being dismissed

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my vote is dismissed cheryl gaston my vote is to dismiss

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my vote is to dismiss

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my vote is to dismiss

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my vote is to dismiss

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MI-2024

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003974

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2937

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A Street

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is Keisha Davis or Michael Smalls

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in the audience

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Vice Chair

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I do not see any hands raised for that

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particular matter, and they're not in the virtual audience

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from what I've seen.

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Thank you.

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MI-2024-003975

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2937

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8th Street, this case.

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My vote is to dismiss.

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Michael Johns,

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my vote is to dismiss.

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Cheryl Gaston,

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my vote is to dismiss.

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Tanita Graham, my vote is to dismiss.

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Ty Owen, my vote is to dismiss.

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MI-2024-006125, 5434 Arlington Street.

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Is Joanne Brown in the virtual audience?

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Once again, Vice Chair, I do not see any hands raised for the matter,

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and I do not see the person questioned in the virtual audience.

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Thank you, Mr. Hands.

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MI-2024-006125.

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5434 Arlington Street.

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My vote is to dismiss.

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Excuse me, Mr. Chair.

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This was a first listing. I think we should

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continue. It must be heard.

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That's okay.

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That's okay.

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Well, the vote

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MI-2024-006125

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5434

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Arlington Street.

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My vote is to continue

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this case to August 20th,

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2025, 930

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AM.

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Mark must be heard.

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All right. Moving on to our add-on. Are there any one else in the virtual audience?

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No.

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All right. So we're going to move on to our add-ons. I'm going to read all of the add-ons

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off, and we're going to

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announce our votes next

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week, and that is going to be

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MI-2024-005-928-2353-59

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East Hargaard Street,

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number two, MI-2024-000989-5153

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Waluza Avenue, number three,

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MI-2024-004-313-2649-South 18th Street.

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Number four, MI-2024-005-996-2506-North 16th Street.

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And number five, MI-2024-006-034-1428-West Allegheny Avenue.

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These cases will be held until next week and voted on.

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and they'll be voted on in the 930 list

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starting the 930 list

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they'll be voted on in the 930 list next week

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moving on to our regular list

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number one

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MI-2024-000260

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4832-40

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North 6th Street

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Attorney

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Henry Clinton.

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I'm glad

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I have a hand up from Joseph

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Vaccaro.

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Do I want him to speak?

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Sure.

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Mr. Vaccaro?

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Good morning.

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How are you today?

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All right. How are you?

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Good. Thank you. Yes. My name is Joseph Vicaro. Please state your name and spell it for the court reporter.

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Good morning. Can you hear me now? Yes. Okay. Yes. My name is Joseph Vicaro, attorney for 2649 South 18th Street.

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Yes. That's one of the matters that the board has continued for a vote next week.

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I'm just raising my hand to inquire, is there a reason for holding the vote next week?

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I understand that there was a vote that was supposed to have been held last week, but

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there were some Zoom problems, and I believe the previous week, it's my understanding that

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there was supposed to have been a vote which got moved to last week.

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Mr. Vaccaro, we want to make sure we have the appropriate quorum present for the vote,

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so we will not have that quorum until next week.

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I understand. So you don't have a quorum at this time? Is that the position of the board?

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We do not have the quorum that we need for this particular vote.

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I understand. I appreciate your help. Thank you very much.

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Thank you.

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Henry Clayton, is he in a virtual audience?

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I'm Vice Chair. He will be coming back in as a panelist shortly.

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Thank you, Mr. Hand.

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Yes, Mr. Shahid. Good morning.

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Can you state your name and spell it for the court reporter?

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Henry Clinton, C-L-I-N-T-O-N.

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

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I do.

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This is for the use of a personal vehicle repair and maintenance and an existing structure.

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And so, I'm going to turn it over to board member Ms. Grant.

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Good morning. Have you emailed all the required documents and exhibit needed to proceed with this case five days prior to this hearing?

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Ms. Graham, we did most of them, but I'm representing a tenant.

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We had a difficult time getting the lease from the landlord, and we just got that yesterday.

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So that has been submitted.

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Thank you. And do you agree to waive the reading of the refusal, and do you stipulate to its accuracy?

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I do.

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Okay, thank you. You may proceed to share your screen.

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Thank you, Mr. Graham.

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Thank you, Ms. Graham.

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As you're bringing your presentation up, we did receive.

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As you're bringing your presentation up, we did receive the unanimous support from the Logos Civic Association 11 to 0.

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Good morning, Mr. Shahid. Is that visible?

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Yes.

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All right. Good morning, Mr. Shahid, Mr. Chairman, members of the board.

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Henry Clinton on behalf of the lessee, Al Vincent.

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He is renting the subject property.

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This property is an ICMX zoning district, and we're requesting a personal vehicle repair

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and maintenance facility.

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Here are my exhibits, A1 through A10, which I ask to be admitted.

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The refusal of ICMX zoning district to propose use, personal vehicle repair and maintenance

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in an existing structure, which is prohibited in this zoning district.

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We do have an RCO letter of unanimous support, as the chairman said.

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Photographs of the building.

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So this is a building that contains two businesses.

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My client's business is in the foreground, and the landlord has a storage area in the background.

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This is off Roosevelt Boulevard in the Logan section.

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And to my left, where the cursor is, are the homes from the Logan area that were demolished because of bad soil.

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Here's the building again to the right-hand side.

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Just another view.

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So imagine the building cut into on the left-hand side is my client's proposed use.

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On the right-hand side is existing storage, and the landlord occupies that space.

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A view looking north, this is the entrance to the garage.

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Again, a closer view with the door to the office.

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Just another view.

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The building is really address is 4832 to 4840.

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And you can see that there's other automobile maintenance and storage facilities along this part of North 6th Street.

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This is the entrance at the other end of the building, 4840.

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There's a closer view, inside view of the office and waiting area, as well as some of the car lifts.

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as well as some of the car lifts

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on the inside of the building.

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Then we have a rough plan

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indicating the layout on the inside.

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This is our application for appeal.

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Well, it's not a clearance.

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It's an indication that taxes are not yet due

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for 2025 by the landlord.

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Zoning map, the whole area is ICMX.

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This is a lease between the owner, Rod Valley, and my client, Al Vincent.

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My client has four employees.

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This is a zoning notice, proof of mailing, which you would see in a presentation like this.

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So my client has four employees.

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His hours of operation are nine to five.

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He's only doing personal maintenance and vehicle repair, such as brakes, tune-ups, oil changes.

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He has a waste management company that comes by on a regular basis and picks up the oil.

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He also has a burner, a furnace that is operated with the waste from the oil.

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he's been in in this facility for almost seven months he got a violation he understood it was

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okay to have vehicle maintenance in this building he found out from l and i that's not the case so

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he's here to make it correct and make it right he has a support of the community

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the area is also one where other vehicle maintenance businesses are operated

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he's in harmony with the code he's in harmony with the desires of the neighborhood we're not

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impacting anyone's light or air or development of adjacent properties and we ask the board to

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look kindly upon this application.

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If Mr. Vincent, can you unmute yourself and adopt my testimony?

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Can we promote Mr. Vincent?

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I'm gonna say I've been promoted and they'll be coming back in short.

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Sir, can you state your name and spell it for the court recording?

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Sir, can you state your name and spell it for the court report?

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My name is Albert Vincent.

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A-L-B-E-R-T-B-I-N-C-E-N-T.

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Thank you. Do you swear to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Mr. Vincent, were you on the call when I presented your project?

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Yes.

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Yes. And was my testimony concerning your hours of operation, your employees, and your use of the facility true and correct?

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Yes.

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And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes.

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Thank you, Mr. Vincent.

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All right, thank you.

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Any questions from the board?

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Yes. Sorry, I have a question for you, Mr. Vincent.

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How many vehicles do you plan to surface at a time, and how many bays are there currently in the facility?

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You're on mute, Mr. Vincent.

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I can answer that partly, Ms. Wynn.

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Okay, I'm ready.

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