civus
Hearing video

ZBA Hearing - August 21, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 21, 20246h 4m

for all those uses. He wants to have limited industrial there, but there was prior commercial

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use. So, Mr. Pressman, I noticed that the RCO is in favor of it, but they have a proviso.

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What's the proviso? So, the proviso is two for Mr. Chairman. One is that before they go up to

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the second floor, they have no use for it right now, no proposed use or potential tenant, that

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we would come back to L9. We would get a refusal because it was, you know, or a referral of what

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that proposed use is. We would go to the RCO and then we would come. Hillary, they'd have to do

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that anyway. Am I correct? Yes. Yes. No, that is correct, Mr. Chair. Since the property is

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owned RSA 5, unless they're asking for a use that already has a permit, although it looks like all

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of those other uses have basically been abandoned at this point right right so that they you'd have

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to do that anyway so and the other was to use the uh the safe cameras um as part of the police you

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know uh presence in the neighborhood we can we uh do the cameras yeah no i'm talking to hillary

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no no unfortunately we can't include that you know as as a proviso but that's something you'll

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just have to work out with the neighbors yes my client intends to do it either way so why don't

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you bring in your client to adopt your test. That'd be great. Can you, Mr. Ta, can you

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mr attack can you uh elevate yourself by raising your hand

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elevate yourself by raising your hand?

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yes sir could you please state your name and spell for the stenographer yes sir my name is mahir attack

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and spell your name m-a-h-i-r-a-t-a-k is the last name you swear or affirm to tell the truth the

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whole truth and nothing but the truth. Yes, I do. Please proceed, Mr. Pressman. Thank you,

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Mr. Chairman. Mr. Tak, you were here when I presented the case on behalf of your company.

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Yes. And was I said truthful to the best of your knowledge and information and belief?

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Yes. And do you adopt that testimony as your own? Yes. Okay. And you agree that you understand that

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before you lease to the second floor space to anyone that we would have to go back. Let me

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finish the question, sir, we have to go back to licenses and inspection and get approval.

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Yes. Okay. I have nothing further. Questions from the board.

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Questions or comments from Hillary Emerson, our attorney.

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Just briefly, Mr. Pressman, you mentioned, I think there's already another tenant in there

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and that the second floor was going to have another use in the future. Would it make sense

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if the board approves to have a proviso limiting this use to a certain suite or unit or the first

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floor of the building? Well, the light industrial would be most of the building. There is the rear

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on Rose Hill where there is an existing auto detailing client tenant that was there and it

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It was prior approved, but then it was abandoned, it looks like, after 2016.

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So we would want that used to stay legal or made legal with the light industrial.

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We felt it would fall under that.

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I would have to, I don't know if that would.

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I would have to check with L&I.

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the auto auto detailing there's there's like a vehicle um there's a whole vehicle use category

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in the zoning code um that that would be more likely to fall under um but i can if you want

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the board can hold the vote i can check into that now with l and i and um see if that can

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be added to the application since this is a change of use application right under um hillary under

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14602 the table for i1 it says commercial vehicle repair and maintenance or commercial vehicle sales

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and rental right good no as i say but the property zoned rsa 5 like the light industrial is a it's

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not light industrial is a category in and of itself that has a specific definition it's it's

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not the zoning district like i i1 is different than light industrial of the category versus the

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zoning district. Does that make sense? Yeah. Okay. Yeah. So I can, I can check on that for you and

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see if that, if that's something, especially since it was previously approved, if that's

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something that can just be added back in. That would be helpful. Thank you. Okay.

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Yeah. As I say, Mr. Preston, if you could just send me an email describing the use of the

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existing tenant that um your client wishes to retain in the space that would be very helpful

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thank you hillary could we vote on this next wednesday um yeah we probably would be able to

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yeah why don't we look to vote on this next wednesday at 2 p.m um let me just double check

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comments from the virtual audience

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i didn't have any further hands mr chair we want to wait until uh planning sees what we're voting

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on uh yeah i think so i think i think we ought to hold planning until we see whether it's actually

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we're voting on okay okay well then so everything else is closed would you like to do a resumption

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hearing next week mr chair very briefly yeah we'll do a brief clarify what the uses are

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yep okay that's it okay all right okay thank you mr pressman so uh just to be clear next tuesday

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at 2 p.m yes okay we'll have a brief resumption hearing okay and i will send you over that

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information by email to you uh with that mr mr chairman can i move in the exhibits that as i

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you can sir and uh not tuesday right you said next we said when i said wednesday oh okay

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wednesday at 2 p.m he said yeah yeah okay thank you mr pressman thank you so much may i be excused

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you can sure have a good evening everybody thank you so number four mi 2024 001 899

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So, number four, MI 2024-001-899, 1410 North 31st Street, Vern Anastasio is the attorney.

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A letter of support from Brewery Town, charge of a community civic association.

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Mr. Anastasio.

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They'll be rejoining shortly as a panelist.

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Okay.

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Good evening, Mr. Chair.

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Good evening, Mr. Anastasio. Just for the record, state your name.

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Byrne Anastasio, A-N-A-S-T-A-S-I-O.

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Right. Could you identify your client and relationship to this property?

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Yes, it's Kalia Moody, who's the owner-occupant of the property.

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Okay, and our vice chair has just a few questions.

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Thank you.

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Yes, Councilor, do you agree to read the reading on the refusal or stipulate towards accuracy?

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Yes, sir.

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Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

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I have.

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Thank you, Councilor. Please proceed and choose from.

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Thank you.

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uh mr chair members of the board i just want to let you know that we had unanimous support

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uh from no opposition uh from the community uh on this particular application 94 page exhibit

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packet that's going into uh evidence today

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and

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We have a zoning refusal, floor plan, photos of the property and the block in question.

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We also have a RCO notification letter and proof of mailing, the poster and proof of posting.

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We have a zoning archive showing a very long history of commercial use, commercial lease, the tax clearance, some overhead views and support letters all being entered into evidence today.

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it's a zone for rmx2 the application is for a group practitioner and my client is a psychological

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practice and the proposed use is requires a special exception

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so this is not in fact a variance but just seeking a special exception use

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So here's the larger space, and we're going to be occupying one spot of that larger space.

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Here's the building in question here.

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it's a behavioral health uh not um group practice

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and as you can see here it's laid out specifically for that kind of use

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with offices this is for young people

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we have

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notification that was mailed inviting everyone to the community meeting back in June

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and of course today's zoning hearing on august 21st

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all the addresses that were mailed

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proof of mailing to 148 individual households

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the poster that was posted at the property here's proof of posting

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and here's the uh moving this into evidence which is just a very long history of the property

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being such that is consistent with the proposed use.

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We even have a zoning permit that was approved for a child care center.

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I also included my client's lease, proof of taxes being paid, and the zoning map and overall overhead shot of the property itself.

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I also included my client's lease.

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And with that, if Ms. Moody is in attendance, I'd ask that she raise her virtual hand.

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Fair enough to speak.

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

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Kalia Moody, first name K-H-A-L-I-A-H, last name M-O-O-D-Y.

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

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Yes.

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Please proceed, counsel.

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Thank you, Mr. Chair.

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Ms. Moody, did you hear my presentation to the board this evening?

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Yes.

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Is it true and accurate to the best of your knowledge?

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Yes.

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Do you adopt it as your own testimony?

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Yes.

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Thank you.

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Mr. Chair, because this use is consistent with previous uses, because it has ample off-street

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parking and it uh enjoys the support unanimous support of all the immediate neighbors and the

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rco we respectfully request the granting of the variance thank you thank you questions from the

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board yes um did you say uh what the hours would be for this practice we did not miss gaston uh

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Ms. Moody, would you like to tell Ms. Gaston what the hours would be for the practice?

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Yes, the hours of operation would be Monday through Friday, 9 to 6 o'clock.

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Every other Saturday, we will provide services from 9 to 1.

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And this is for young people, you said?

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Yes, it's a behavioral health agency.

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We provide applied behavior analysis therapy to children and adolescents who have developmental disabilities.

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Thank you.

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You're welcome.

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Any other questions from the board?

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Questions or comments from our attorney, Hillary Emerson.

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just briefly mr chair um mr anastasio is there a particular suite or unit um in in this building

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that this use is for i i didn't see anything definitive on the lease but perhaps i missed it

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um because it seemed like it was one suite in a larger building

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miss moody what unit are you going to be occupying

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i'm going to be occupying unit a2 thank you thank you

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questions or comments from the virtual audience

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i do not see any further hands mr chair planning commission

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thank you chair bergman members of the board michael gall with the staff of the philadelphia

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City Planning Commission. The comprehensive plan recommends no change to the residential mixed

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zone, mixed use zoning at this location. The appellant has demonstrated that this action

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would not detrimentally impact the surrounding area. The City Planning Commission recommends

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the board grant the special exception for group medical practitioner use.

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MI 2024-001-899-1410 North 31st Street. I vote yes proviso. Use limited to

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section A2.

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Michael Johnson.

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I believe I have a unit A2, Mr. Chair,

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just to clarify.

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Unit A2.

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Yep.

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Yep. Okay.

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My vote is yes with Proviso.

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Cheryl Gaston.

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My vote is yes with Proviso.

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Tanetta Graham.

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My vote is yes with Proviso.

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Iowyn. My vote is yes with Proviso.

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Nishinau Shaheen.

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My vote is yes with Proviso.

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thank you council thank you have a good evening is there anyone in the virtual audience whose

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330 case has not been called

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i do not see any hands mr chair thanks everyone uh i think we got a lot of work done today

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and thank you not only toward the board members but thank you to the staff too i mean we

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we tend to keep you guys around and we just want you to know we do appreciate everything you do

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So, Jason, be nice to see your name.

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I'm going to give you all the credit right now.

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How's that?

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Thanks, everyone.

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See you all next week.

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All right.

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Have a good night.

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Have a good night.

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