civus
Hearing video

ZBA Hearing - July 14, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 14, 20202h 14m

some people were allowed to vote because

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their ID said they lived in the neighborhood

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and some people weren't allowed to vote because

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the lady said they didn't live in the neighborhood

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when they issued the ID

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that said they live in the neighborhood

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proper identification and everything

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she still did not allow them to vote

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mr davis are you in support of this project overall yes sir and you actually live on the

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subject block right yes thank you i don't have any other questions for you mr davis

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so chair i do recognize that there's a shirl with her hand raised and we do have mary jones

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also who wishes to speak okay um miss jones yes can you hear me yes uh please uh don't

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yourself with a record? My name is Mary Jones. I represent Darryl Clark, the

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Council President of the 5th District. Yes, good morning. And my address is City Hall.

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

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Yes, I do. Good to hear from you. Now, please proceed. Yes, it's good to see

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everyone and be here as well um i can't uh comment on what happened at the meeting i was able to speak

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to the leader of the rco briefly and i guess the main one thing is i don't know how many people in

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the neighborhood knew that this was happening today i don't know that they were notified about

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the new time for the meeting I was just seeing the just from conversations with

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the RCO leader who conducted the meeting so I just wanted to put on the record

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that they did have some concerns about the density and adding the two-family

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home on that block and that's all I have. Mr. Mulvihill could you speak to the

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issue about notification signs are posted on the property members of the board uh we had a community

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meeting back on march 6th i believe that and this is the third or fourth listing of this case it's

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the best i can say members of the board thank you miss jones uh cheryl i don't have a last name are

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you there yes i'm here please uh cheryl identify yourself for the record and spell your name for

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the stenographer?

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C-H-E-R-Y-L

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What's name?

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W-O-M-A-C-K, your address, 110 Spark Street, in relationship to the 2300 North

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W-O-M-A-C-K

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Your address.

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Bovair, how close are you? I apologize, I came in on the wrong property, but I just

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wanted to know did you you already hear 106 spark street not yet i don't think right we haven't

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heard that yet you have to talk to johnny about that that was number two it was continued this

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morning yeah that case was continued and miss sunkett uh will let you know when that case is

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being uh scheduled for for a hearing it was it was continued yes oh okay thank you thank you

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all right uh anyone else mr mobile hill do you have any other witnesses uh mr russell if he's

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still on the line members of the board does he not erase his hand or what is his cell phone number

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Does it end in 368 or 232?

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One moment, please.

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Mr. Russell's phone number ends in 232.

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No.

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Now you're allowed to talk, Mr. Russell.

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Hello?

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Yes, Mr. Russell, this is attorney Leo Mulvihill for Mr. Minor.

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How are you doing today?

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All right, you?

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Mr. Russell, you've heard the prior test.

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testimony in this case with respect to the community meeting yes is there anything you'd

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like to add before you go any further leo just let me mr where'd he go right here yeah could

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you please identify identify yourself with the record yes my name is larry russell l-a-r-r-y

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r-u-s-s-e-l-l 2451 north 18th street thank you do you swear affirm to tell the truth the whole

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truth and nothing but the truth yes i do thank you sir please proceed mr mobile mr russell it's

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fair to say you live in the neighborhood yes and you're familiar with this property yes i am

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you heard mr davis's testimony about the community meeting yes do you have anything

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you'd like to add to that testimony no he was just about right well he was just about right on it

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just about everything he was right on.

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Okay, and you agree with this testimony?

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Pardon me?

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You agree with this testimony?

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Yes, I do.

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Thank you.

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I don't have any other questions for you, Mr. Russell.

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All right.

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Is there anyone else who wishes to comment on this case?

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Before I call for a vote,

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on the advice of our counsel, Ms. Saleta,

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let me see if I can get this going suggestion by Sharon if mr. mobile if we

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approve this case that we do without a proviso stating that the board

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recognizes it is also granting a use variance for a two-family dwelling no

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objection to that members of the board all right Sharon anything else

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sharon no i'm sorry no that's it questions from the board again anyone else wish to testify on

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this case who has not already been heard planning commission

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i didn't hear you there are no more hands up you can okay thank you planning commission

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chairman and members of the board this property is indicated for residential use on the

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comprehensive plan. While this is a single family neighborhood, this project will

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give an opportunity to provide workforce housing units that fit in with the

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existing building height surrounding the neighborhood. Accordingly, we have no

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objection to the granting of the variance. Thank you. Calendar number 381492300

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North Brevere Street. My vote is yes. With what proviso? With proviso. Thank you.

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Thank you confession. My vote is yes with proviso. Yes with proviso. Tom. Tom. Yes with proviso. Thank you. Thank you. Yes with proviso. I'm sorry Mr. Mulvihill I didn't hear you. Thank you members of the board. It's good to see everybody again. Look forward to seeing you soon. Thank you everyone. Stay safe. Thank you.

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next case is calendar number three eight one three nine thirty five twenty one Ainsley Street

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next case is calendar number three eight one three

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would that be unit number one and the attorney is William a bill McLaughlin

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Mr. McLaughlin, are you there?

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Give me a couple minutes.

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We got to find them and then promote them.

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Okay.

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Okay.

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Oh, I promoted him.

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good morning uh members of the board bill mclaughlin here on behalf of the applicants

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peg shaw and alan mr mclaughlin do you agree to waive the reading of the refusal and stipulate

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to its accuracy yes i do name and address for the record please my name is william r mclaughlin

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William Common Spelling. McLaughlin is M-C-L-A-U-G-H-L-I-N. My address is 6701 Germantown Avenue,

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Suite No. 2107, Philadelphia, PA, 19119. Thank you.

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Good morning, Mr. McLaughlin. Please proceed.

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Thank you, Mr. Chair. This is our application to legalize a long-standing existing use of this property as a multifamily dwelling. We do have a letter of support from the RCO, East Falls Community Council. We met with them on March 9th, received that letter of support on March 14th, and of course, soon thereafter, things changed greatly.

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um very briefly there are two grounds for the uh refusal one is this is an rsa3 district and we

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are proposing a two-family dwelling with respect to that at our rco meeting we uh the rco meeting

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is very well attended we had a neighbor who said that she's lived there since 1961 always remembered

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the dwelling as multifamily. Someone else remembered it since 1985 when she moved into

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the neighborhood. And in our packet, my clients went back and looked up phone records and they

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got back as far as 1977. This is exhibit K page next to the last page in my packet where you see

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there are two individuals, two separate names, two separate phone numbers at 3521 Ainsley Street.

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Second ground for the refusal was parking. There is a small yard with a retaining wall on the side

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of the house. There's also a very large, I believe it's an oak tree, estimated to be about 100 years

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old. Neighbors specifically asked us not to cut down the tree. That's where the parking would have

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to go it would be nose in you would lose at least one on street parking spot by having a curb cut

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for we could probably squeeze two in there given that this is east falls it's a very green

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community people take a lot of pride in the uh in the trees as a matter of fact east falls tree

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tenders a community group presented before us and they were talking in general about maintenance of

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the trees in east falls so we're asking for a variance on both of those grounds again we have

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a rco letter of support and with that i have both my clients on the call and i'll ask them to adopt

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and affirm my testimony but if the board has any questions i'd be happy to answer those

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thank you

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are the witnesses ready to speak yes okay please state your name and address for the records by

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your name for the stenographer sure it's anita allen it's a-n-i-t-a-a-l-l-y-n

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and the address is 3521 ainsley miss allen do you swear or affirm to tell the truth the whole

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truth and nothing but the truth? Yes, I do. Thank you. Please proceed. Thank you. Anita, this is

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Bill McLaughlin. You heard what I just said before the board, correct? Yes. And do you adopt and affirm

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that testimony as if it were your own? Yes, I do. Okay. I have nothing further.

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Ms. McLaughlin, do you have any, Alan, do you have anything to add?

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it's okay if you don't just asking uh is there anyone else who wishes to testify on this case

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It's okay if you don't. Just asking.

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can i can i just add one point um in the chat ainsley is spelled incorrectly

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and i just want to make sure um it's not with a y spell it for us it's a-i-n-s-l-i-e

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okay correct thank you and it is otherwise correct on the refusal and all the other

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uh zoning paperwork for the record um is is there a revised plan it went from three to

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two units i believe i heard you say that's correct um mr chair we had two rco meetings

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one in september and after extensive discussion with the community my clients decided to uh

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amend their application from three units to two units

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based on conversations.

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I understand that, but has the plan been revised?

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There's actually no need that the plan be revised

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because he submitted an amended application.

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Okay, all right.

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The recent refusal is accurate.

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Thank you.

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Okay, anyone else who wishes to testify on this case?

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Questions from the board?

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Planning commission.

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Chairman and members of the board, this property is indicated for residential use on the comprehensive

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plan. The surrounding neighborhood was built and remained single family in makeup. We feel

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that this application represents an overuse of the property. Accordingly, we recommend

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that the variance not be granted.

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Thank you. Calendar number 38139.

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I lost my place yet. 3521 Ansell Street. My vote is yes. My vote is yes. My vote is yes.

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Tom? Tom? My vote is yes. Thank you. Thank you. Thank you, Mr. McLaughlin. My vote is yes.

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safe everyone we got it vote is yeah that's three times tom that's three votes you got three yes

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votes you you reached your limit thank you mclaughlin rocks stay care thank you

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oh Carol we're done right I don't know are we Tanya yes you are that's it

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yes thank you all right then we'll see everybody back here at two o'clock don't drink

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All right, see you guys at two, okay?

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Thank you.

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Thank you, Tanya, everybody.

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Thank you.

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Thank you.

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Bye, Tanya.

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Bye-bye.

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Bye.

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All ready?

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Yes.

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Tanya ready okay yeah all right members slow me down can I one second first I've

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had calls from two lawyers telling me that they aren't able to sign on on

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because only it's only available for the 10 a.m. hearings I don't know they're

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they're doing something wrong or if it's everyone it was Alan Ockamson and

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Roger Perry both called

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This is Abby. There's only one login for it. So when they hit the registration it'll

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ask about 10 a.m. and 2 a.m. They just have to click none for 10 a.m. and then they should

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sign it for 2 p.m. You can send them. They said that when they tried to do the option

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that 10 a.m. was the only option that there was no two o'clock.

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Um, you want to send them my way? Just give them my email address. Okay. Thank you, Abby. Yeah, no problem.

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Karen, it should be a drop down. I tried it yesterday and it worked for me.

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Yeah, I have no idea how it works. I only mention it because two of them told me the same thing.

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Give them a few minutes.

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yes they should be presenting i'm not sure where they are on the list

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so we can go maybe a little well allen's number one and two

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yeah so we can hold a minute

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well you know what what i can do is in the meantime

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um i want to i know i missed a few people this morning i'll continue to miss people i wanted to

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thank for uh getting us to where we are today and one in particular is councilwoman

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for uh getting us to where we are today and one in particular is councilwoman maria sanchez

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and her assistant eric bodzin uh who really put some weeks of time into these things by giving

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us an opportunity to talk through some of the issues over the last couple of months so

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i apologize if any of them are listening in we do appreciate uh all of your efforts

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so they're not on yet I don't think I don't think we broadcast yet so if you want to repeat it when

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the attendees come in okay yeah it's just us Frank and I just wanted to say thank you to all of you

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for this morning was pretty awesome I appreciate working with the professional group it went well

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all things considered the one thing the one thing and I shared this with Carol

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all. I don't know if we'll ever, if we do these Zoom, continue to Zoom hearings, if we'll ever

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get to be able to handle those 40, 50 cases that we have on the morning. I think this takes a lot,

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a lot more time. If anyone disagrees, you know, please jump in. It just appears that way.

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Maybe until we get... Everyone knows this is live, right? The public can hear you right now?

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we're not okay yeah that's fine i'm just saying i don't know if we'll be able to handle the volume

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uh that we were able to handle and when we did these things in person i could be wrong

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maybe as time goes by uh we'll be able to move more quickly but i'd rather get them right than

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rush these cases uh as many as we want to get done but just just my thought and maybe we can

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think about that over the next over you know this evening and maybe talk more about it tomorrow

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