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Hearing video

ZBA Hearing - December 15, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 15, 20214h 39m

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

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Okay. Is that me?

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I'm Chinchilla Jonesia, C-H-I-N-C-H-I-L-A-J-O-N-E-S-I-A.

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

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Yes.

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Which case are you involved with, ma'am?

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1622-40 Point Breeze Avenue.

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Number four.

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Okay. So I'm going to call that separately. So could you do me a favor, get off. You're

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going to hear me call that separately in a few minutes.

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Okay. Okay. Awesome. Thank you.

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Any other cases, any other comments for the first three?

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Chair, we have someone, it just says call in user number three. Call in user number

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three. Please unmute yourself and wait for the chair.

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could you please state your name and spell it for the court reporter

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call in user press star six to unmute yourself

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we can move on chair okay thank you any other issues relative to the three cases that i mentioned

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All right. All three will be continued, must be tried, all three. And I have a fourth case.

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Hold on one minute, please. I have a fourth case, MI 2021-003-754-1622-40 Point Breeze Avenue.

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and this is a third party request for a continuance.

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The attorney is Sean Whalen.

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Sean, would you please get on?

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He's been promoted to panelists here.

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Sean, could you state your name and spell for the court reporter?

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Certainly. Good afternoon. Sean, S-E-A-N-W-H-A-L-E-N.

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

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Do you swear or affirm to tell the truth, the whole truth,

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and nothing but the truth?

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Yes, I do.

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Yes, I do.

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So we have the RCO and the council office all requesting in continuance for this.

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Mr. Chair, if I may, I'd like to request.

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I was not provided any documentation showing the request.

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Could the RCO and the councilman put on the record what the basis for their request is?

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Well, I'm going to mention anybody in the audience wants to have a comment to get on, and I'll make sure I ask for the council's office, too. So, is Council Johnson's office on the phone?

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I see no hands, Chair.

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Point Breeze Community Development Group RCO.

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Chair, I see someone that had this

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that says call and user number three.

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It's fine. Yes, that's it.

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Call and user number three. You can unmute yourself and wait for the chair.

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Hi, Tiffany Green, consensus of Point Breeze.

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I don't know. Do me a favor, please.

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State your name and spell it.

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Tiffany Green.

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Right.

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Still your name for the court reporter?

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Oh, T-I-F-F-A-N-Y

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G-R-E-E-N.

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

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Yes.

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Yes, ma'am. Proceed.

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The neighbors are on.

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I guess they're trying to get through.

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So, since you can't get the counselor's office,

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I'm just saying that the neighbors wanted

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a continuance

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on this particular case.

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Okay.

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Chair, we also have

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France Pierre on. I don't know if he's

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from Councilman Johnson's office or not.

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I think he is.

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Yes, he is.

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Could you admit him, please?

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France, you can unmute yourself

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and wait for the chair.

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Excuse me, you need to unmute yourself, Mr. Pierre.

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You can't come up.

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Mr. Pierre?

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good afternoon can you hear me yeah i can sir yes did you testify earlier today yes i have

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okay so you're already sworn pretty appreciate it just mention mention your name and spell it

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one more time for the court report absolutely that's franz pierre that's f-r-a-n-t-z last

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named Pierre that's p-i-e-r-r-e council member johnson's office thank you yes uh mr chairman

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and fellow board members uh the council member joins the community in their request for continuance

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as they have not taken a community vote on this proposed development as of yet um and they're

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looking to meet once more with the developer um and his legal team to seek more clarification

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on the appeal.

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So at this time, we joined the community

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and their requests were continuance.

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Thank you, Mr. Pierre.

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Sean, did you hear that?

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Thank you.

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Yes, I did, Chairman.

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And if I may, I'll respond.

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In short, there's no basis here whatsoever

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for a continuance.

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The coordinating RCO here,

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led by Mr. Albert Littlepage,

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held a community meeting

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just a week and a half ago or so that was point breeze community development coalition

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that was admittedly delayed on their part for their own timing we had sought a meeting much

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earlier at that meeting we spent I think just over two hours discussing this project

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the there is this is a very straightforward and simple application for a subdivision and

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relocation. There's no new construction, no development whatsoever involved in this application.

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I'm not sure where Mr. Pierre has gotten his information from. At the first RCO meeting,

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the RCO asked for first and foremost a meeting at the site with the near neighbors.

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A representative of the developer did meet with them for well over an hour, video

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A representative of the developer did meet with them for well over an hour, videoed the meeting that was provided to their community.

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The developer answered any and all questions the near neighbors had at the site.

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That was last week.

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The RCO had also scheduled a formal second meeting.

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That was supposed to be this past Monday evening, at which they were going to, after getting the additional clarification they sought,

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they were going to meet with us again, ask any final questions, and take this matter to a vote.

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Just prior to the beginning of that meeting on Monday night, our team was told not to attend.

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So they did in fact hold the second RCO meeting. I understand they discussed the project at length.

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I do not know whether they took a formal vote or not. That's up to them. But I do know that

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we were instructed not to attend that meeting. So therefore, we believe that no additional

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meetings are warranted, no additional clarification is necessary. However, out of respect to the

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RCO, if this board would like, we would be willing to have the case heard today and then

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have the vote held for two weeks so that the RCO could submit its RCO letter and that letter

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could be read into the record. We do understand and believe and would actually stipulate if this

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board would want us to that the community is in opposition today to this application will be in

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two weeks and certainly will be again in a month or two or three months whenever this could be

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re-heard. So we think this is just much ado about nothing. It's simply a delay tactic for a simple

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and straightforward application. And, you know, I hate to go into it, but this developer and this

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community have a long history over the past 10 years or so. And this is about the 50th, 11th

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hour continuance request without basis for an application by this developer. So, you know,

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in short, we think it's ill-conceived and there's really no basis for it because we already agreed

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to meet with them. We tried to meet with them a second time. And we were actually instructed by

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the RCO not to attend the second meeting. So, you know, any future meeting that they're seeking to

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have, it's unclear why that would be more beneficial or actually go forward where the

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first one didn't. Mr. Chair, I'd like to ask a question. Are you speaking about the Point

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Breeze Community Development Coalition or the one run by Albert Littlepage, or are they one

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in the same uh no so uh i believe that was uh madam vice chairwoman um i am talking about we

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held a meeting so the coordinating rco for this project is the point breeze community development

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coalition run by albert littlepage okay he hosts he on behalf of uh point breeze community

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Development Coalition hosted the first meeting. And at that meeting, again, I don't have the date

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in front of me. I think it was about 10 or 12 days ago, stated that they had delayed hosting

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that meeting for their own purposes to get their ducks in a row, so to speak. And we met at their

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timetable. At that meeting, Mr. Littlepage had a very strong back and forth and a lot of questions

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and answers going on, and at the conclusion asked if we, the development team, would be willing to

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meet on site with the near neighbors. We agreed yes, and Mr. Ori Fibush is on the call. He could

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actually testify to having met with them. That was last Wednesday or Thursday, I believe. Met for

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more than an hour at the site answering any and all questions that the neighbors had about

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what's going on at the site, prior approvals, and this pending application. And then Mr. Little

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Page at that first RCO meeting had also scheduled a second RCO meeting for a formal vote on this

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project for two days ago, December 13th in the evening. Just before Mr. Fybush and I were about

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to log into that meeting. All these meetings were by Zoom except for the one near neighbor meeting

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on site. Just before Mr. Fybush and I were to log into that second meeting for the formal vote,

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Mr. Fybush was instructed not to attend and that the meeting would go forward without us.

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Mr. Whelan, thank you for the information. I appreciate it, but I'm going to continue it.

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Thank you.

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thank you okay right okay is that going to be is that going to be a must be heard

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Okay.

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Great.

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oh yeah yeah yes absolutely

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thank you very much uh excuse me can i actually ask for a specific date uh

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is there any way we can have it in in uh january i understand that both my plan and the councilman

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and will be booked and unavailable starting in February.

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So having the date in January

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is really kind of a mandatory time.

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No, we cannot.

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No chair, we cannot.

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Okay, thank you.

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Okay, let's go to the list please.

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MI-2021-003716, 140 South Broad Street.

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I'm sorry, Chair.

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I apologize.

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This is Tanya.

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As you recall, we do have a case that an interpreter is necessary for.

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May we go forward with that?

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You want to use that first?

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Sure.

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Yes, if we could, please.

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Sure.

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What's that number again?

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That is number 13 on your list.

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yeah it's fine i'm sorry that that's no that's martia um let's go to

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uh i did see that here let's see here like it should be number 15.

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okay i'm good mi 2020-002812 830 east fair street carlo romo and maria diaz

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If you're here for 830 East Thayer Street, please raise your hand to come forward.

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Chair, I see someone by the name of Carlos Lentigua with his hand up. I don't know if he's for this case or not.

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Okay, we'll ask.

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He's being promoted to panelists, Chair.

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okay could you state your name and spell it for the court reporter

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hi my name is carol antigua in the age 30 30 year 3 19134 right but it's a

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Carlos wait a minute wait a minute wait a minute wait a minute Carlos wait one minute

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Carlos, if you

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Can we promote the

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Are the owners on the line?

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Yeah, I have the owner

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Okay, then

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The interpreter, please

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Okay

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Could the interpreter raise their hand for this, please?

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Yeah, the interpreter is

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No, she's not

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She's not

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Is there Diego here?

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Let me just check

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okay. Diego, if we could stand by chair with this case as well, while we try to get the

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interpreter back. All right. So I'm going to start the process and then we'll move forward. Okay.

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And then we'll go to that as soon as we get word. Excuse me, chair, if I may, this is

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LaKeisha Dandy. Somebody is requesting that you didn't ask about the continuance,

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regular continuance. Oh, I'm sorry. I'm sorry. Is there any other regular continuances? I'm sorry.

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I see no hands up at this time, Chair. All right, it's fine. Thank you.

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Chair, Rachel. Rachel, unmute yourself. Thank you.

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So Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1521 Locust Street, Suite 605, Philadelphia, PA, 19102.

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

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