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Hearing audio

ZBA Hearing - January 13, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jan 13, 20261h 16m

some of it was a little of a surprise to us but we were happy to comply and give them what

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And as a result, as we showed beforehand, we had a letter of full support from the community group, the South Kensington Community Partners.

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I reached out to Council Member Young's office on several occasions to ascertain their position regarding this application and didn't receive a response to any of my emails.

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We do have the posting photographs for today's hearing.

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Tax certification, you can see here, and again, here are the posting photographs for today's hearing with the notice of today's proceeding.

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Previously, I provided copies of the 14303 notices that were sent out for each of the two community group meetings and the certificates of service for those.

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And with that, I would have my client adopt my statements, and I believe the architect is on as well to adopt my statements and to answer any questions that the board or members of the community may have

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regarding this application well why don't why don't we bring the owner on first sure um andy

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it's andy lynn might be honglin and he's being promoted to panelists now thank you

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hello hi hi sir could you please state your name it's spelled for the stenographer

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uh my name is andy honglin uh a-n-d-y h-o-n-g last name l-i-n do you swear or affirm to tell

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truth the whole truth is nothing but the truth yes sir council uh andy um good morning um 323

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gerard llc owns the property what is your uh what is your connection with that uh the owner of the

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property uh i'm the managing member of the property okay thank you and the llc thank you and did you

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hear the statements that i made to the board today yes i did and are they true and correct to the best

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of your knowledge yes and would you adopt them as your own yes okay thank you and then i think

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sam turner who's the architect should be on the phone um you might check and see if he's on mr

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turner we have nobody in the audience by that name all right thank you um

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real one point the council member did send a letter on the original plan over am i correct

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yes okay i mean that was following our presentation i understand these yeah these

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drawings yep all right questions from the board they've seen they've seen the amended project

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okay yep yep um and could you just review real quick the uh the trash plan like that i'm not

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sure if they had uh uh yeah so there there is it so on the original plan we had a small trash room

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that opened up into the the parking area and then on the amended plans we have a trash area located

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here which we're probably going to make bigger that opens right onto the sidewalk so commercial

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trash you know any type of trash pickup would be just happened over here it's a little small

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But admittedly, and that will be that'll be revised so the commercial space and the residential space will share the same trash area. Yes, they'll be able to access it from this common hallway.

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We're not showing a door right there, but yes, it'll be for everybody's trash use other questions.

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Or the residential units will be able to come out onto the street, put it in, but we're going to put a door on the inside hallway here.

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okay so yes um question uh where is this property located near anything commercial i mean is it

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so there's so there are so this is sitting here a destination kind of well no i mean listen again

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so south kensington wants gerard you know i think you know they want gerard avenue to be commercial

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again we provided the commercial within the first 30 feet as required under the zoning code because

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of cmx2 but um let me see if i can show a picture so i have done i came to you a couple months ago

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here at 322 to 24 west gerard avenue for to move a takeout restaurant a pizza place

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uh Papa John's to this location over directly across the street um there is next to that here

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let me it might be easier if I just use the photographs one one second um

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let me know guys here all right

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okay so this is a newer building that was granted a variance they have commercial at the ground floor

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This is the building that I did for the takeout.

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Paul Sroekman is a photographer.

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And then I came to the zoning board a couple of years ago for this property right here for a doggy daycare.

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There is approval for, and here you can see a little better, right here is a doggy daycare.

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for and here you can see a little better you can see right here is the doggy daycare i'm sorry it's

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I'm sorry. It's in there.

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in the ground floor and the studios are upstairs for pulsa roguin um and here's the um takeout

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pizza place so then there's commercial on the ground floor here and then approval was granted

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by variants some variances for a project here that's also going to include commercial on the

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ground floor so we provided commercial because of cmx2 i think your question probably has to go

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why make it bigger i think south kensington's position is generally they feel it's more likely

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to not be a vacant commercial space and to be, and I hate to speak with them,

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and if they're here today, they can speak for themselves,

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but I've been in front of them enough on commercial corridors to know that at least one member of their zoning committee's position

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is that the larger the commercial space, the more viable it is and the more likely it is to be utilized and actually rented.

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And we weren't going to argue with that.

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they would know better than we would as far as what would fly in their neighborhood

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just trying to get a perspective yeah one other quick question so the address is 323 but

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the drawing showed 325 am i correct so so the original application not to go back into that

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it calls for the relook or the the consolidation of the two lots 323 and 325 presumably will

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become 323 when the opa gives them the address but that's the that's the that's why there's

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both address reference all right questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience or the present audience

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i see no handshare planning did you already take a position on this chairman i don't know we may

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have so uh but i will you take one now then if you want all right i can i can reread the uh

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that's right thank you David so good morning chairman David effector with the city planning

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commission the comprehensive plan recommends no change in zoning at this location from the current

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cmx2 commercial mixed use there are no unique physical circumstances or conditions of this

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property who are prevented from being used in conformance with the zoning code the city planning

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commission recommends the board deny the requested dimensional variances for lot area and maximum

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building height thank you um mi2025-004-019-323 west gerard avenue i vote yes with proviso

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per amended refusal dated january 12 2026. charles gaston my booty chefs with proviso

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tenetta graham my vote is yes with proviso mcadams my vote is yes with proviso

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thank you thank you that concludes my business maybe thank you david have a good day number six

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mi 2025 zero zero four zero four five 2307 north 11 street alan knockamson is the attorney this is

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a resumptive hearing good morning mr chair members of the board want to counsel could you please

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state your name and spell for the stenographer alan knockamson a-l-a-n last name knockamson

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n-o-c-h-u-m-s-o-n you swear affirm to tell the truth the whole truth nothing but the truth

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i do all right so um obviously this will be a resumptive hearing um we have received though

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you've re i'll read it off you reduce the height to 29 feet one inches removed the basement living

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added a cover breezeway at the building entry point and reduced unit count to four yes we

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actually updated our revised uh plans and provide so since so here's what we'll do you'll make your

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presentation give us everything that you've changed well the board will have questions

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public test money limited to what you say today and then the planning commission recommendation

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all right thank you mr chair where is that's not the right screen there it is all right

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all right so let's just go straight to the revised plans um so as mr mr chair as you stated we

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reduced the height to 29 feet one inches it was originally 37 feet we added a cover breezeway at

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the building point of entry point that was requested by this board if the board remembers

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there was a concern that the entry door to the property was set back at the significant

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point from the like the front of the building so they wanted your this board wanted to have a door

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at that front which we created by covering that first floor as you'll see its interior space

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we reduced the unit count to four also at the suggestion when I received it I

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thought this is just a suggestion of the board we were seeking five units this is

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a CMX 2 property we're allowed three residential units and one commercial

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we're allowed three residential units and one commercial unit so now we merely want to swap

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unit so now we merely want to swap

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that commercial unit for a residential unit again as this board saw and i'll just quickly

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show you the google maps there is no commercial units on that blocker nearby so it would be out

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of character to have a commercial unit there we increased the rear yard setback from 12 and a half

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feet to 23 feet by having that additional square footage in the front of the property with that

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front entryway we had to meet the the coverage requirements of the code so that's how we did it

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we went from a nine foot rear yard setback to a 23 foot yard rear setback but you know as the board

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saw we have pretty strong support for this project even before these changes support by the nearby

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neighbor who would be next to us who's also wants to be fully residential my understanding

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and then the maps of the area we are adjacent to much rm1 it's out of character for this part of

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the block to have any commercial units here and as you can see here there is germantown avenues

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are the commercial corridor here there is no commercial right around where we are so it

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going to succeed and honestly as you can see here it's just empty lots here so I think that's about

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it in a nutshell I just want to show you the floor plans too just to show what we've made the changes

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in the floor plans so there is no access now for unit number one or unit number two to the ground

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level so there's no buy level going into the basement all entry points to the basement are

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common and garbage would be stored in the basement as well so those are the changes

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that were requested of us by this board and we made every single one that was requested of us

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thank you you want to have your testimony adopted yes um mr chair can you uh swear

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in my client mr kravitz please is your mic one yes could you please state your name as

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spell for the stenographer josh kravitz j-o-s-h-k-r-a-v-e-t-s do you swear or affirm to tell

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the truth the whole truth nothing but the truth yes i do counsel yeah uh josh you heard everything

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i had to state today about your zoning matter yes is it true and correct yes and do you adopt

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it as your own testimony i do thank you questions from the board

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questions or comments from our attorney hillary emerson

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not at this time Mr. chair questions or comments from the audience or the virtual audience

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I see no hands chair planning commission thank you chairman and good morning David

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effecto with the city planning commission chairman and board members the comprehensive

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plan recommends a change in zoning at this location from the current cmx2 commercial

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mixed use to rsa5 residential single family the zoning in this neighborhood dates to

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original 1933 zoning maps the proposed use of ground floor residential is characteristic of

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this block despite the cmx2 zoning the city planning commission recommends the board grant

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the requested variances for ground floor use and dwelling unit count thank you mi 2025 004045 2307

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north 11 street i vote yes with proviso revised plans two pages stamped by zba on january 13 2026

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Maximum four dwelling units.

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Cheryl Gaston, my vote is yes, with proviso.

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Tanetta Graham, my vote is yes, with proviso.

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Ryan McAdams, my vote is yes, with proviso.

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All right, thank you.

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Thank you, counsel.

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Thank you.

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Have a great day.

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Let's go back to number one.

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MI 2025-001-794-4632, Masher Street.

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Jermaine Harris is the attorney.

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um mr chair um we're having some difficulty getting the interpreter on so we are still

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working on that um uh yeah maybe take a few minute break and then try to why don't we take a break

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germaine yes yeah the client's here we're going to take a break until we can see and we'll we'll

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get back to you as soon as we can okay okay all right thank you sir all right thank you

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thank you Jermaine

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yes I mean we have someone that'll be on shortly oh you have someone yes okay we knew you were

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waiting. Okay. Okay. Have I sworn you in yet, Jermaine? No, no. Why don't I do that? So am I 20?

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Uh, no. No. Why don't I do that? So, um, M I 20, 25, 0, 0, 1, 7, 9, 4. Jermaine Harris is the attorney.

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

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Uh, sure. Uh, Jermaine Harrison, it's spelled J E R M A I N E H A R R I S last name.

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

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i do as soon as the interpreter gets on we will start okay okay

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interpreter

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good morning your honor my name is close and i'll be your spanish interpreter my id b as in delta x

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the next rate one five six how may i help you excuse me chair i'm sorry chair this is the

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reporter i did not catch the gentleman neither did i so um are you on the phone can you go on the

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video no this interpreter will only be available by phone thank you all right sir could you please

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state your name and spell for the stenographer uh yes your honor my name is josue j-o-s-u-e

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My last name initial is A as in alpha.

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My ID number is DX156.

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All right, hold on one minute.

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Do you swear or affirm that you will interpret accurately, completely, and partially from English to Spanish and from Spanish to English to the best of your ability?

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Yes, I do, Your Honor.

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I just for you to know I just my supervisor just provided me the zoom link to appear on video I

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don't know if that would be better for you sure that would be thank you okay just give me one

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second I'll switch devices sir all right thank you

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Mr. Harris and board members, this is Ian Eggerty.

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Thank you so much for your patience this morning.

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We appreciate it, and we apologize for the delay.

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Thank you.

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.

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we still don't see him in the audience chair if his but is his supervisor the Daniel

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McGranigan who just got on because I think he said he had a link from his supervisor so he

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you might come up under another name.

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Okay, yes.

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Daniel, please accept the promotion for panelists.

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i i think that that's maybe not the right

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I think that that's maybe not the right.

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No, no.

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so now under his own account we'll be promoting him to panel

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okay chair interpreters here you may proceed okay interpreter your honor good uh so interpreter

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just so you know there that um we also have an attorney who's representing the individual okay

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so if you would could you please call for us um lucas canceres

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okay

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i have somebody else with their hand raised under a different name i'm going to promote

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them to see if he's with them sure thank you

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can you ask him to please state his name and spell for the

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Okay, me ayuda, por favor, diciendo su nombre y apellido y me lo puede deletrear, por favor, para el estenógrafo.

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Lucas Francisco Cáceres Brullon.

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L-U-C-A-S-F-R-A-C-I-S-C-O.

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can we please only have um speaking there's multiple voices are coming from that uh audio

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thank you okay okay could you did he

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spell his name and I'm almost there okay my name is Lucas Francisco Cáceres Gruyon and so Lucas

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is spelled L as in Lima, U as in Utah, C as in Charlie, A as in Alpha, S as in Sierra.

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Francisco, F as in Frank, R as in Romeo, A as in Alpha, N as in November, C as in Charlie,

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I as in India, S as in Sierra, C as in Charlie, O as in Oscar. Caceres is spelled C as in

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Charlie, A as in Alpha, C as in Charlie, E as in Echo, R as in Romeo, E as in Echo,

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s as in sierra all right and last name gruyon is g as in golf r as in romeo u as in utah

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double l as in lima o as in oscar and as in november right do you swear or affirm to tell

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the truth

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the whole truth and nothing but the truth

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