civus
Hearing video

ZBA Hearing - August 16, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 16, 20233h 50m

as as a eight units, 12 people, the city certification statement, you know, a lot of

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times people will say what city certification statement, you know, but they did get a city

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certification statement that was 13 years later and it was certified and it's coming from L&I

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and L&I didn't say, hey, this property really is only eight and eight. It was eight and 12.

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and I could have, bring Robin back to that.

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No, no, no, okay, all right.

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And I think the biggest thing is

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it's been operating that way for 21 years

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and all we're doing is just doing some interior alterations

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that'll allow 12 people to still be there.

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Okay, MI 2023, 001-939-6031, Tarsdale Avenue, I vote yes.

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Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, Mr. Pollock.

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You have your votes.

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Thank you, Mr. Chairman.

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Members of the board may be excused.

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It's at the end of my vote.

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Yes, you can.

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Yes, you can.

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Take care.

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Number 8, MI 2023, 001-844, 7300 Frankfurt Avenue.

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Daniel Reisman is the attorney.

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We have a recommendation of non-opposition from Mayfair Civic Association, and we also

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of a letter of non-opposition from Council Member Driscoll, and also there's a letter

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of support from the Community Behavioral Health part of Philadelphia's Department of Behavioral

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Health.

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Here, Mr. Reisman is coming back in as a panelist now.

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Yep, thank you.

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Mr. Reisman, could you state your name, please, and spell it for the court stenographer?

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Daniel Reisman, R-E-I-S-M-A-N.

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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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I do.

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Could you identify your client in relationship to this property?

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My client is Jeff's Human Services, which is a tenant at the property.

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Okay. Our vice chair has just a few questions for you, sir.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that are needed

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and required to proceed with this case in advance of this hearing?

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Yes.

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And share your screen.

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Okay, can you see it?

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We can, sir.

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Okay, thank you.

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My name, again, is Daniel Reisman. I represent JEVS Human Services. I'm here with the president and CEO of my client, Cynthia Figueroa.

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I've submitted to the board exhibits one through 11, which you can see on the left of your screen.

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These include photos, maps, floor plans, and as the chair mentioned, letters of non-opposition from the RCO Mayfair Civic Association, Councilman Driscoll, and Community Behavioral Health Services, which is a part of the City of Philadelphia's Department of Behavioral Health and Intellectual Disabilities.

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The vote at the RCO meeting, there was no opposition in that vote, and that's shown in the letter of non-opposition.

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The proposal is for use of suites 4 and 5 at the property located at 7300 Frankfurt Avenue.

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at the property located at 7300 Frankfurt Avenue as group medical offices and specifically behavioral health services through a contract with the city's Community Behavioral Health Services.

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As I mentioned, my client is JEVS Human Services. I've included as Exhibit 10 some information regarding JEVS.

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And just briefly, JEVS, originally it was formed out of World War II to resettle refugees from the war. Since then, it's grown into really one of the preeminent nonprofits in the city.

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Here's some key information here. You can see the various programs, which are very comprehensive at this point. 16,000 Philadelphians are served annually. Total budgeted revenue of $116 million.

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I'm going to show you some aerial photos and a zoning map of the property first.

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So this is the property, and you'll see it's bounded by four streets.

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On the south, it's Frankfurt Avenue, on the west is Cotman, on the north is Leon, and on the east is Ryan Avenue.

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Here is a zoning map, and the zoning shows that at CMX 2.5, that actually permits medical offices as of right,

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but the variance was issued because the northeast zoning overlay does not permit medical office use.

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What you'll also notice from the zoning plan is that the property has a very unusual shape.

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It's a triangular shape, unlike all the other blocks, and as is typical, rectangular blocks.

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And in fact, there have been difficulties at this property with leasing spaces in the property over the years.

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Here's a key plan for the property.

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And again, my client would be is leasing and is seeking approval to provide the services in suites four and suite five of the property.

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I'm going to run through some photos of the property and the premises, the suites.

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Okay, so here is the property front on and you'll see at the tip of the entire property

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at the tip of what I'll say the triangle shape, the unusual triangular shape is Republic Bank.

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The leased premises, the two suites are to the left.

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Now swing it around on Cotman Avenue, the two leased spaces again.

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Here are the leased spaces and immediately adjacent to the leased spaces are Spectrum Community Health Center.

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These are actually medical offices themselves.

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They also require the variance and the board granted a variance for that in 2020.

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And here are the two suites head on.

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The suite on the right is a suite four.

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That was last used in 2020 as a sports bar.

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The suite to the left was last used in 2016 as retail.

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So one of the suites has been vacant for the last three years.

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The other has been vacant for over seven years.

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The two suites total approximately 5,600 square feet.

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now swinging around i'm just going to swing around to the back of the property

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the community did make one request and that was to if you look at the back rear of the property

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there's no frontage there in terms of stores it's all the rear and they requested that my client

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install lighting on the rear of its premises which are in this portion. My client has agreed to do

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that and we went to the landlord and the landlord has improved approved the installation of the

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of the lighting. Now I'd like to show you a few photos of the surrounding blocks

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and significantly what we will see is that and we've done a map

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In a two-block radius, there are actually eight medical offices in this area, so these are all currently existing use.

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in this area. So, these are all currently existing uses, the proposed uses right here.

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So, the use that we're proposing is very consistent with the uses of the neighborhood,

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very commercial, and in fact, plenty of medical offices. Here are the Spectrum offices,

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And you'll see here what they provide, medical services, behavioral health, dental services.

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So very similar to what my client is proposing in the adjacent space.

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And as I mentioned, this was already approved by the zoning board in 2020.

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So to summarize, the community supports the use.

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They would like to eliminate the dead space in the property.

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As I mentioned, there have been difficulty with leasing the spaces.

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And here you'll see, again, what the community would like to get rid of and to activate these spaces.

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They support the use.

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The property has this unusual shape that's created leasing challenges.

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We have the support of Community Behavioral Health Services, which is a part of the City of Philadelphia.

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And the ZBA has previously approved a variance in the same property in the immediate adjacent space for a very similar use.

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And that's the end of my presentation, Mr. Chair.

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You want to bring your client on and adopt your testimony?

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Yes, I would. Cynthia Figueroa, if you could please raise your hand.

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Cynthia Figueroa has been unmuted and allowed to speak, Chair.

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

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Certainly. Cynthia Figueroa, C-Y-N-T-H-I-A, last name F-I-G-U-E-R-O-A.

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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, counsel.

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Good afternoon, Ms. Figueroa.

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did you did you hear my statements today i did and are they true and correct to the best of your

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knowledge information and belief they are and you adopt them as your own i do thank you thank you

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questions from the board no mr chairman no chair questions or comments from the virtual audience

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Mr. Chair, this is Hillary. I have a quick question for Mr. Reesman. I noticed on the variance that was approved for back in 2020, there was also as part of that a proviso for the key plans to specify the locations.

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and I didn't know if your client would like the same thing done here to specify.

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I noticed that this refusal mentions this is on part of the first floor,

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although I think it might be helpful to specify either through the key plan

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or the units that you mentioned what part of the building this is actually in.

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Right. So the key plan, and let me just pull that up again.

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The key plan, Ms. Emerson, it was submitted to L&I, so it should be on record.

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But certainly by all means, that would be terrific if the ZBA decision could specify

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that as well.

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Sure.

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We can stamp that as a provisor to the decision, should the Board grant.

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I would appreciate that.

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Thank you.

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All right.

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Questions. Any more questions from the virtual audience?

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Chair, we have Philip Michael. They have been unmuted and allowed to speak.

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Hi, sir. Could you state your name, please, and spell for the court stenographer?

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Philip Michael, P-H-I-L-I-P, and Michael, M-I-C-H-A-E-L.

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

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Yes, I do.

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Please proceed.

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All right. Am I just introducing my project?

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Pardon me?

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Are you in the right case, sir?

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7300 Frankfurt Avenue?

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No, that's not me.

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Oh, okay, thank you.

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Well, let us finish this case first, okay?

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Is there anyone else from the virtual audience

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for 7300 Frankfurt Avenue?

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There, I see no hands at this side.

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Aye, Planning Commission.

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Good afternoon, Chair.

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Peter Bernard for the Planning Commission.

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The comprehensive plan recommends no change to the existing CMX 2.5 commercial use at

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this location.

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This application will provide much needed services to the community.

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this application will provide much needed services to the community accordingly the

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accordingly the planning commission work.

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planning commission recommends the board grant the variance what do you want for a proviso hillary

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um you could say um use approved as um per key plan stamped by cba august 16 2023.

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Okay, thank you. MI 2023-001-844-7300 Frankfort Avenue. I vote yes with proviso. Use approved per key plan, August 16th, 2023.

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Thomas Holloman, my vote is yes with provisos.

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Ishmael Shaheed, my vote is yes with proviso.

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Thank you, counsel.

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Thank you, Mr. Chair, members of the board.

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Thank you. Is there anyone in the virtual audience who the 2 p.m. case has not been called?

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I see no hands, Chair.

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No, we're going to take a five-minute break,

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and then we'll be back and we'll finish up the 3.30 list. Okay. Thanks, everyone.

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Thank you, Chair.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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You

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Thank you.

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Thank you.

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Thank you.

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Mr. Kelly, are you back?

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Yes, Mr. Chair.

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how are we looking we're looking good chair we're ready to proceed as you wish i'm ready

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excuse me this is hillary do we have mr holliman on the phone i just saw him

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you know i don't see him anymore just a minute

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Thank you.

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I just called him and text him, so hopefully he's trying to log in now.

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Okay.

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Thank you.

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We have LeBaron, right?

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Yes, Mr. Chair.

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Okay.

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Okay.

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Hillary, I think we can move forward.

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Hays, are you here?

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Here, Chair.

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Okay, we're ready to go.

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Good afternoon. Are we ready? Are we recording?

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Good afternoon.

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Are we ready?

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Are we recording?

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We're recording, Chair.

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We're recording, Chair.

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