civus
Hearing video

ZBA Hearing - January 26, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 26, 20223h 58m

Thank you.

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Thank you.

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Is everybody in, Tanya?

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Yes, we have about 38 attendees.

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You can start as you wish.

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Okay, thank you.

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Good morning, everyone.

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My name is Bill Bergman, and I will be chairing this morning's EBA hearings.

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With me is Carol Tenere, our vice chair.

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Present.

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Thomas Holloman, our board member.

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Present, Mr. Chairman.

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and James Snell, our board member. Present. Also is our board administrator Tanya Sunkett

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and our attorney Sherman Toppin. Let me start with our virtual format.

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Be advised these proceedings are being recorded. By participating, you acknowledge your agreement

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to be recorded. The video will be available by contacting our board administrator Tanya Sunkett

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at TonyaSunkett at phil.gov. For the benefit of our court sonographer, we ask attorneys and

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witnesses to identify themselves before testifying. Three, if you're participating by phone and you

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wish to testify, press star nine to raise your hand and star six to unmute. To enter an appearance

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statement call 267-270-5548 leave your email and the address of the property in question

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and lastly please note the question and answer box on the on the screen is not for comments

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any comments should be directed to tanya sunkett our board administrator

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i'm going to start with continuances that we have for the day

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so this morning's continuance is

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number eight mi 2021 003299 2263 north lithgow mi 2021 002 201 2365 lithgow mi 2021 003 298

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2361 North Lithgow, and MI 2021-002-462-2367 North Lithgow, and number 14, MI 2021-001677-4363

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frankfurt avenue does anyone have any comments or statements relative to the contingencies

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uh chair yes we this is tanya sunk the administrator we just received word that

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number 17 was a request for continuance uh from attorney saletta okay so mi 2021

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21-003-596-961 Marcella Street is also a continuance.

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Anyone have any comments relative to those continuances?

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Are there any other continuances or withdrawals requested for this morning's meeting?

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Yes, Chair, we have Ian.

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Ian Gallo, you can unmute yourself.

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Hi, how are you? Ian Gallo.

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Mr. Gallo, could you do me a favor? Could you please state your name and spell for the court reporter?

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Sure, it's Ian, I-A-N, last name is Gallo, G-A-L-L-O.

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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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I do.

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Thank you. Proceed, sir.

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I just recently was retained concerning 2783 Roberts Avenue.

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I took over from prior counsel Michael Lambert who was handling the matter

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I took over from prior counsel Michael Lambert.

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and I reached out to request a continuance in light of the fact that I was just recently

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retained and I've been in contact. I believe still there's the RCO is still outstanding

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and I'm just sort of being thrown into the mix and trying to get everything on board.

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What number is that, Tonya?

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Do you see that?

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Nope, I sure don't.

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Let me look.

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2783 Roberts, sir?

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Yes, that's correct.

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Okay.

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Okay.

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Mr. Chair, it appears to be number 12.

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Yeah, I see.

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Thank you.

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Okay, we're going to continue it, but it has to be tried.

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This is the second listing.

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Absolutely. We'll continue that, but it has to be tried.

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Understood.

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Okay.

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And if I could, Chair, if I might ask, Mr. Gallo, could you submit a letter to our office, the RCO box stating that you are now counsel for this case and no longer will Mr. Lambert be?

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Absolutely.

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And then we can include you in all correspondence.

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I appreciate it.

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Thank you kindly.

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Thank you. Thank you all.

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Any other continuances?

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Yes, Chair.

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We have Lee Shlomowitz.

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Good morning, Chair.

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Lee Shlomowitz, applicant in the four consolidated North Leithgow matters.

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Could you do me a favor for the court reporter?

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Could you spell your name, please?

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My pleasure.

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It's S-H-L-A-M as in Mary, O-W-I-T-Z.

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Okay.

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Okay. 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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Proceed, sir.

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I'm here on behalf of applicants to request a continuance of at least one month, preferably two.

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As far as the procedural posture of the matter, we brought the matter before an RCO, and it was inconclusive.

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a second RCO meeting was going to be scheduled. In the interim, my clients have entertained an

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alternative development plan, which if they elected to proceed with that plan, would very

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likely moot the need for the hearing and therefore save the board the time of adjudicating it and

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hearing the trial. Okay, so we've continued that. And my best advice about a month or two months,

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I think you have to contact our board administrator, Tanya Sunkit, and she'll figure that out for you.

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Thank you very much.

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If I might suggest to make yourself attorney moving party.

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Okay.

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All righty.

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And if it could be continued attorney moving party, when you're ready to proceed, you would submit a letter to our office stating you're ready to go back on to the scheduling.

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If not, you can withdraw the case if you're not, okay?

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Oh, terrific.

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Perfect. Thank you so much. You're quite welcome. Thank you. All right. Have a great day, everyone.

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Any other continuances? Yes, Chair. We have Mary Rose Roach.

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

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Good morning, Board. My name is Mary Rose Roach, spelled M-A-R-I-R-O-S-E. Last name Roach, R-O-A-C-H.

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you swear for him to tell the truth the whole truth and nothing but the truth

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i do chair um i recently entered my appearance for 961 marcella street i do believe that you

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listed the property as one of the continuances today but i'm not sure i just wanted to confirm

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yes i did okay okay sorry i just wanted to confirm thank you so much for your time

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Right. Thank you. Any other cases?

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I see no handshare. Thank you. All right. We're going to go to our add-on list.

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Number one on our add-on list, MI 2021, 003213, 1910 Chestnut Street. This is a resumptive hearing.

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we have written closing statements from both attorneys we have a letter to be read by our

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council into the record for councilman council president clark

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yes mr chair we have received a letter from councilman clark's office

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it is an email in fact and the email contains his position

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It is an email, in fact, and the email contains his position regarding this address, and it

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information.

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reads as follows.

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Based on the potential impact of this project, of this scale, on the nearby residents and

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the unresolved issues I mentioned last week, I cannot offer my support for it at this time,

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period.

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Thank you very much.

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planning commission morning chairman bergen ian hegarty for the philadelphia city planning

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commission that's spelled h-e-g-a-r-t-y you swear a firm to tell the truth the whole truth and

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nothing but the truth yes sir i do proceed sir thank you members of the board the comprehensive

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plan recommends no change to the existing cmx4 zoning at this location commercial activity

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including eating and drinking establishments are common in center city this is a special exception

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for which the board is asked to find whether the proposed use will cause detrimental impacts to

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the neighborhood beyond what might normally be expected for this use we believe that the

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potential impacts of the special exception use are well within the range of what might normally

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be expected from the use and so therefore the city planning commission recommends that the

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board grant this special exception. Thank you, Mr. Haggerty. MI 2021-003213-1910 Chesson Street, I vote yes.

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Carl Tenere, my vote is yes. Thomas Holloman, my vote is yes.

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are you there

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Jim

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he's unmuted but Jim you have to vote

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Mr. Snow might need to leave and come back in

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Jim leave and come back in thank you

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Can you hear me now?

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We hear you now, Jim.

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I'm sorry.

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I love technology.

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I was given my vote, but I guess I got knocked off.

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I apologize for that.

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My vote is yes.

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Thank you.

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MI 2021-004-741-2700 Castor Avenue. My vote is yes.

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Carol Tenere, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Okay.

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The regular list we're going to, MI 2021-

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I'm sorry, Chair.

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Yes.

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May I interrupt you for one moment?

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You most certainly can.

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I believe it's a piece of business we need to handle, Mr. Ismail.

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Yeah, I was going to pull this case and call him on.

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Okay, no problem.

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Thank you, Chair.

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I will.

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Yeah, I'll give him a call.

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Yep.

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MI 2021-001-839-1713 South 6th Street.

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School's office mail to say, quotes the RCO and has been, an RCO meeting has been held.

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Mr. Chair, I think the numbers you read are incorrect.

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It's 001.

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001-529.

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Yeah, okay.

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1713 South 6th Street.

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No exhibits at this point.

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Marco Pregli.

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I see no hands, Chair.

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First listing case will be continued.

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board member ismail shaheed is is coming on the the screen all right

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Number two, MI 2020-001555-1903.

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1-555-1903-East Erie Avenue.

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No exhibit, fourth listing.

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Michael Lambert was the attorney.

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I see no hands, Chair.

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I vote we dismiss this.

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Dismissed.

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Carol Tenneri, dismissed.

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Thomas Holloman, dismissed.

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yeah we still don't have this mail on

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jim are you available mr snell

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he had to go out again it looks like or it dropped him out

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all right one minute let me let me make sure his mouth's getting on here

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i'm sorry can you guys hear me now yeah yeah i'm sorry i i had voted to dismiss i'm having

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i guess uh connection issues here but i'll keep plugging away but i was it dismissed

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Ishmael's having a hard time getting in, Donya.

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I will handle it, sir.

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Okay, thank you.

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Okay.

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Okay.

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Number three.

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MI 2021-001-500, 1936 West Erie Avenue.

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RCO, 13th Ward, letter of support.

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John and Vincent Haddoway, pro se.

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Joan Hardaway is coming back in as a panelist.

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Thank you.

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Good morning, Chair.

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Hi.

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

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Joan Hardaway, H-A-R-D-A-W-A-Y.

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