civus
Hearing video

ZBA Hearing - February 12, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 12, 20255h 35m

So if you have any questions about that,

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you can reach out to the zoning board office

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and they can assist you.

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So Albert, just call the office

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and they'll help you get together

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everything you need for the next hearing.

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Do you understand?

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So yes, I understand.

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the deed um rco letter which well why don't you do this why don't you do this why don't you call

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the office and then go over with them okay all right sir in this case is going to be continued

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to 7 30 25 at 3 30 p.m okay thank you okay

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thank you very much we're going to go to number two

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MI 2024-002-446-1715 North 56th Street.

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Darlene Treat is the listed attorney.

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There's a letter of opposition

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from Overbrook West Neighbors Incorporated.

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I'll be coming back in as a panel shortly, Mr. Chair.

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good afternoon commissioners darling three on behalf of the applicants

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just for the record could you please spell your name for the court stenographer

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d-a-r-l-e-n-e freak t as in thomas h-r-e-a-t-t as in thomas do you swear or affirm to tell the

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truth the whole truth and nothing but the truth yes i do could you identify your client the

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relationship to this property? My client is Mr. Orgy. He should be on the line. He is the owner

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of the property. Board member Graham has a few questions for you. Good afternoon. Did you submit

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your documents five days in advance of this hearing? Yes. And do you agree to waive the

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reading of refusal and stipulate to its accuracy? Yes, I do. Okay, you can share your screen and

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proceed. Thank you.

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Can you see my screen?

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We can.

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Good afternoon, Commissioners. I'm Darlene Thread and I'm here

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representing 1715 North 56th Street. Commissioners, this is an

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existing auto body shop. We actually have an existing auto

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body repair license, but we got a zoning violation a couple years ago, and I'm here to correct the

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zoning violation. I submitted a package of exhibits, 11 exhibits, and I'm going to go through a couple

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of the exhibits now. Thank you. Here is the refusal. This is CMX2, and we applied for personal

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vehicle repair and maintenance and an existing structure uh commissioners i submitted a host

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of documents i'm not going to go through all of them but i'm going to go through the pertinent

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ones commissioner on this place has been existing as an auto body shop it was built as an auto body

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shop back in 1950 i'm just going to switch here to the philadelphia property information you can

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see way back in 1950. It was actually built as an auto service garage. I'm just

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So I'm just going to scroll all the way down to the end. I added some documents that I did not submit in the board to the board, but I wanted to also show you that as far back as

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going to scroll all the way down to the end. I added some documents that I did not

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as 2005 this place was operating and had a motor vehicle repair license uh commissioners uh my

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client lou motors would like to operate an auto repair business out of this location i'm going to

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first just show you a picture of the location this is a lose auto service it's across the street from

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the big shopping plaza on north 56th street a little auto service operates from monday to

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Saturday from 10 to 5. I'm going to pull up the plans for you here, and I'm just

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going to reduce them and I'll go through them slowly.

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So Commissioner, first I'd like to show you this is the front elevation of the

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building. This is where you come into the garage. It's a pretty big structure here. It's about 7,000

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square feet. The interior of the building is about 3,500 and the actual outside which I'll

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show you later which is through these doors is also an additional 3,500 square feet. Right here

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is just a side elevation of the building and over here we have

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the rear elevation of the building.

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Now I'm going to show you the layout of the building, which is here in the site plan.

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As you can see, you would come through the...

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these are the two big roll down gates that you saw in the front of the building back behind the

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gates we have a large outdoor area which i'll show you pictures of a little later where we

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park our cars that we're working on and this is the interior workspace of the garage we have one

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two three four five six we have a six bays this is a picture of the um street looking north there's

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a big shopping mall over here and our garage is over on this side i have some additional pictures

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that i'll show you this is the interior this is the big roll down gate that you would come through

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in the front and we have a huge area inside here where we park the cars no cars are parked outside

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no cars are left outside and there is no work done on the outside of this property

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i took some pictures of the interior to show you the lifts and how the cars are situated inside

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we have a little teeny we have a bathroom in a corner office upstairs there's some

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additional lift space where we bring the cars inside to work on the cars

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that's a additional picture of the outside again as i showed you from the site plan we have

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quite a few bays here we park all our cars inside the property but in the outside

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our area overnight and when they're not being worked upon.

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That's just an additional picture of how the inside of the facility looks.

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That's an outside picture of the facility. There are really no houses that's immediately

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adjacent to us. This is our property here. There's another little garage here, and I'll show you later

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there's another little garage on this side that's not our property, but there are no residences

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right on where we are on this block and that's a look of the block going

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looking south down 56th Street again the big shopping plaza mall is over here and

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these are the residential houses that are down the block

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this is the left side as you can see this is a vacant garage next to us which is not ours

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this is the left side as you can see

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and then there's some houses on the street there but there are no houses in our

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right next to our property again we don't do any auto body fender any auto body painting or body

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and fender work so we have no noxious fumes or anything coming from the facility that's a little

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better picture of the mall which is located or the plaza which is located directly across

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the street from the body shop just another look at the street going south the street going north

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the bus comes up that street and some additional interior pictures and that's a picture of the

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posting of the property. I also want to just flip back here a little bit. There's the deed.

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I want to show you that we have a current motor vehicle repair retail mobile dispensing license

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to operate this facility. Again, this facility has been here since 1950 and in some fashion

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or another has always operated

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as an auto repair shop.

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Commissioners, we did

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notice a meeting with Overbrook

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Neighbors West Association.

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I sent out

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the notices on January 18th.

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The meeting was

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January the 28th.

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OWN

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also flyered the neighborhood with

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their OWN flyer for

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the meeting.

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I have to say that we sent out 114 notices, and you can see from the information that the Civic Association sent in, there were only two people that attended the meeting, one opposed and one was no opposition.

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I had to say I was quite surprised to see that we got a lot of opposition.

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I attended the meeting along with my client, and they asked us a lot of questions about the facility,

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but there was absolutely no complaint about noise, about smells, about working outside, about loitering, about cars parked outside, etc.

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Commissioners, I would be remiss if I didn't address this issue.

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I also wanted to show you that as far back as 2005, there was an auto repair license at this facility.

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Commissioner, when Mr. Allen sent in his letter, he indicated that he had called someone that signed a petition who indicated they didn't sign the petition.

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I was quite disturbed by that, and I actually contacted Ms. Bridget McGinn, and I hope Ms. McGinn is on the line today.

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If she is, I would like to ask her a couple of questions, if that's okay.

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Sure.

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When we get to the audience.

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Okay.

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Okay, so, Commissioners, if you take a look at the Civic Association letter, there's absolutely no complaint in this letter from anybody at the meeting in regard to the operation, to the hours, to loitering, to oil on the ground, to noxious smells, to anything like that.

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This has been a business that I think has a good rapport with the community, and I'm going to ask that our request for a variance be granted.

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And with that, if Ms. McGinn is on the line, I'd like to ask us some questions.

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If not, I'd like to ask my client, Mr. Orgy.

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Why don't we do this?

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Why don't you bring your client first, and then when I open it up to the virtual audience, she's there.

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Okay, so why don't you bring your client?

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Mr. Orgy, are you on the line?

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he's coming in

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sure i have a bridget mcginn she's a panelist at this time

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who's that bridget mcginn bridget mcginn is someone who uh signed the petition okay okay

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do we see the owner of the place

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okay so we don't see your owner

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so we'll go to Bridget

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Bridget could you please state your name

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and spell for the court stenographer

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Bridget McGinn

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B-R-I-G-E-T-T-E

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G-E-T-T-E-M-C-G-I-N-N.

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M-C-G

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

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Yes.

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Are you a neighbor?

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Yes.

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Okay.

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Darlene, do you have questions?

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Yes.

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Miss McGinn, do you operate a business in the plaza across the street from IU Motors?

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Yes.

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Are you familiar with IU Motors providing automobile repair services to the community?

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Yes.

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And do you support the continued operation of IU Motors at 1715 North 56th Street?

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Yes.

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And, Ms. McGinn, have you or any of your clients or customers had the opportunity to use IU Motors for auto repair services?

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Yes.

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And you support this application?

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Yes.

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That's all I have for Ms. McGinn, Commission.

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Thank you.

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And your client did not answer, so you're an officer of the court.

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We'll take your testimony.

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Questions from the board?

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what were the specific uh opposite uh comments for opposition from the rco

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honestly mr john if we go back to the letter i don't see any opposition in the letter they did

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ask us a lot of questions and here they are they asked us um how how were we operating when uh we

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were in front of the uh zoning board and i explained that generally when i file a zoning

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petition, I call the inspector and I say, I'm trying to clear this violation. And generally,

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they work with you. They asked us whether or not the cars parked at the end of the block

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came from our facility. And we answered no. In this area, at the end of this block where there's

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a vacant lot and there's, I believe, a bus stop, people do park cars there and put for sale signs

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on them. But we do not park cars there. We do not sell cars there. And we related that in the

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meeting. Besides that, the only other questions that we had in the meeting was how is title and

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salvage done? And what happens to cars when they can't pass the inspection? And my clients

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answered those questions. Besides that, I don't recall any other complaint or opposition in the

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meeting. Frankly, I was surprised when I got

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a lot of opposition.

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Any other questions on the board?

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Questions or comments

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from our attorney, Hillary Emerson?

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Not at this time,

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Mr. Chair. Questions or comments from the

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virtual audience?

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Mr.

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Chair, Malachi

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is trying

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to call in. His

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chat seems to have been

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disabled i can go on to speak if you wish yep please put him on

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hello mr orgy

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can we get him hello they're unmuted all right sir could you unmute

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Maliki

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Mr.

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I think we're okay with

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what we have

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okay

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questions or comments

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from the virtual audience

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Gregory

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Ellen had their hand raised they've been allowed to speak

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okay

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Chair and board

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thank you

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sure could you please do me a favor state your name and spell for the court stenographer

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yes gregory g-r-e-g-o-r-y allen a-l-l-e-n you swear or affirm to tell the truth the whole

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truth and nothing but the truth yes i do mr allen are you a neighbor i live in overbook i am not a

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okay please proceed sir so i am the chair of the rco um and to be plain about it i you know i you

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know me i call balls and strikes so i was just as surprised as um mr malachi and the owner of the

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attorney that this was an opposition um i am both the um charity rco and the manager of the corridor

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