civus
Hearing video

ZBA Hearing - January 12, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 12, 20226h 5m

i do chairman thank you yeah mr biddle you heard everything i stated today

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Yeah, I'm willing to adopt your testimony as my own.

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Okay, thank you. Mr. Bill, you're also a licensed real estate broker, is that correct?

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I am.

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Okay, and you did make attempts to rent this commercial space, right?

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In the past, yes.

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Yeah, and those attempts were unsuccessful?

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Correct.

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And in your professional opinion, would it be successful if you tried to rent out the commercials, if this had to be converted back to commercial space, would your efforts be successful?

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Not to my knowledge, no.

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Thank you.

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We have a neighbor who's available for testimony, too, if you'd like to call him.

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Sure. What's the name?

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Mr. Biddle, what's the date?

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Eugene Smith.

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Okay.

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Mr. Smith, raise your hand, please.

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Mr. Smith, you can unmute yourself or wait for the chair's instructions.

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Mr. Smith? Okay, why don't we, questions from the board?

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No, Mr. Chairman.

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No, Mr. Chair.

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No, Mr. Chairman.

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Questions from the virtual audience, anybody else out there have comments?

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no hands only mr smith's okay is mr smith's hands up

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i don't i do see a mr smith that he's on i'm sorry is the staff there

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i'm here tanya okay there is there mr smith or is there someone else here to testify

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i am muted mr smith and i told him to hold on for the chair's instructions i don't know what

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happened okay mr smith state your name and spell for the court reporter you have to unmute

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it seems that he's unmuted yes he's unmuted now it's muted he was we can continue on yeah

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mr chair members of the board my understanding is that mr smith is a nearby neighbor who has

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owned the property as long if if not longer uh than mr bill's company and he the proffer would

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be that he would testify that he's in support of this project thank you thank you um planning

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commission thank you chair bergman members of the board the comprehensive plan recommends this

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property for residential multi-family use in 2015 the zoning at this property was changed to single

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family however the planning commissioners at the time recommended against that zoning change

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so the multiple principal uses are an existing condition the storage garages at the back of the

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building have been recognized by l and i in previous zoning permits and the proposed dwelling

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unit density is consistent with the comprehensive plan's recommendations. So, the Planning Commission

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recommends the Board grant the requested variances.

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Chair, Tanya, if I may interject a thought. We did receive in a Q&A, as Mr. Natchimson said,

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Mr. Smith is in favor of the project, but we also have a member from the RCO, Ms. Weiss,

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whose hand is raised if it's agreeable to you may she uh put it sure yes she can

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yes hello good afternoon hi could you could could you do me a favor state your name and

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yes hello good afternoon hi could you could could you do me a favor

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spell for our court reporter allison weiss a double l i s o n weiss w e i s s solo germantown

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civic association thank you do you swear for him to tell the truth the whole truth and nothing but

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the truth yes thank you i just wanted to make myself available since there seemed to be some

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confusion uh so if there were any questions i was at the meeting that if i could help answer

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well i guess the only question would be are you in favor of the project or not

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we sent a letter of non-opposition okay that's fine thank you thank you perfect okay um

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MI 2021-00380467

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West Queen Lane. I vote yes with provisos about using

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the trash storage. Carol Tennery, my vote is yes with proviso.

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Thomas Holloman, my vote is yes with proviso.

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Ishmael Shaheed, yes with proviso.

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Okay. Thank you. Thank you, Al.

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I'm sorry, Chair. This is Tonya again. Mr. Nakasso, may I please request that you state the exact proviso on the record, just so we're clear?

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Yes. My proviso would be trash storage in one of the accessory spaces.

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Which is right next door to the residential, if I remember.

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That's right. That's right. Exactly.

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Thank you. So very kindly.

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Thank you.

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MI 2021-003-766-620-Eastrod Avenue, Oleg Sokoloff, RCO Fishtown Neighbors, letter of support, Mark Squilla, letter of non-opposition.

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Oleg Sokolov.

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Good afternoon, Chair Bergman, members of the board.

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Chair, it's nice to meet you and be before you for the first time.

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Everyone, it's nice to see everyone.

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

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Sure, it's Oleg Sokolov, O-L-E-G, Sokolov, S-O-K-O-L-O-V,

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Rabinovich Sokolov Law Group

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1700 Market Street

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Suite 1005

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Philadelphia PA 19103

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Do you swear for him to tell the truth

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the whole truth and nothing but the truth?

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I do.

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Okay, our Vice Chair has a few questions.

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Hi, Mr. Sokolov.

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Have you, do you agree

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with the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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And have you submitted all of the required documents?

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Yes, we have.

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Thank you.

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you may proceed thank you very much members of the board good afternoon again um this property

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has just to give a little bit of a background on before i go through my exhibit packet

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this property was rolled up in a rezoning that occurred on gerrard avenue between burks and

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wilt street uh we're unsure if it was 2014 or 2016 but long story short a number of

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single-family residents were rezoned to CMX2. My client Mr. Tomac and his wife Monica Bernal

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purchased this property with the understanding that it was a single-family residence. It had

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always been a single-family residence and only upon submission of some minor interior alteration

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permits did they find out that this property is in fact zoned CMX2. We also found out at our RCO

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meeting before the Fishtown Neighbors Association that there were a number of other properties that

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suffered from this same fate as a result of the rezoning. So that's just a simple

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background on what's going on. If I may take you through my exhibit packet please.

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can everybody see that yes okay great here's our notice of refusal as stated a single family

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dwelling request in a cmx2 district um just please note that there are no dimensional variance

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requests or anything in that matter the all of the alterations are going to be within the existing

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footprint of the property. Here's the deed to the property. Mr. Tomac and Ms. Bernal bought this in

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May of 2021. Our tax clearance certificate. I have a few timeline photos of the subject.

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I have a few timeline photos of the subject premises here it is the black door here this

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is in 2007 the red door here in 2011 the red door once again in 2015 and most recently on Google

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it's 2019 I believe the door has actually changed color one more time if I recall correctly but

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we'll get to that when I present the notice poster. So here's a zoning map. Basically all of these

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or a number of these properties and some on the north side of Girard have been rezoned to our

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to CMX2 and are in fact single-family properties. Here's our project information form.

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our appeal application

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which has the additional information

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here are our certificates of mailing

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nope nope still still a green door

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pardon me went a little too fast there

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There are notice posters.

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We met with the Fishtown Kensington Area Business Improvement District on September 22nd where

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we received a letter of support and then met with the Fishtown Neighbors Association on

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December 6th. And here is our letter of support from them as well.

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At this time, I'd like to ask Mr. Tomac to just raise his hand, please, so he can adopt my

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testimony and give any additional. Mr. Tomac, you can unmute yourself. We'll wait for the chair's

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instructions. Hello, everyone. Could you state your name and spell for the court reporter, please?

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Yes, Mr. Bergman. It's Gino Tomek, G-I-N-O-T-O-M-A-C.

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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, sir.

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Okay. Go ahead, counsel.

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Thank you. Mr. Tomek, you've heard my presentation and my testimony today?

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Yes.

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And do you attest to its authenticity and it being true and correct?

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Yes.

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And is there anything that you would like to add?

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Mr. Tramag? I would just like to thank everyone for their time. Me and my wife are really eager

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to move into this house and start a family here in Philadelphia. So just excited for this next

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chapter in our lives. Thank you so much. Thank you, Mr. Tramag. I forgot to ask, just for the

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record, will you adopt my testimony today as your own? Yes. Okay. Thank you very much.

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Questions from the board? No, Mr. Chairman. Questions from the virtual audience?

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i see no other heads at this time chair questions from the planning commission

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good afternoon chair bergman and members of the board the comprehensive plan recommends no change

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to the commercial mixed use zoning at this location the zoning in fishtown was changed

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from rm1 residential multifamily to commercial mix to commercial mixed use at the time

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I'm sorry, in 2015, in accordance with the comprehensive plan and at the request of the

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Neighborhood Association. Since this is a long-standing non-conforming use, the City

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Planning Commission recommends the Board grant the use of variance. Thank you very much. MI 2021-003-766-620

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East Gerard Avenue. I vote yes. Good evening. My vote is yes. Thomas Holloman. My vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Okay, thank you.

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We have one more case from the 2 o'clock start.

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I'm going to take a quick break here for the court reporter to get a little bit of a break.

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We'll come back and handle that case, and then we're not going to break.

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We're going to go right into the 3.30.

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So let's get a five-minute break right now.

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Is that okay, Tanya?

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Yes, sir, Deputy.

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I'm answering.

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Let's go.

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Here you go.

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Perfect chair.

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Thank you very much.

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You're welcome. Good luck.

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You're welcome. Good luck.

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Sometimes you're here.

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Thank you.

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You

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How are we looking, Tanya?

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We are ready when you are, Chair.

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Okay. Let's start.

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We are good to go, sir.

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Okay. Okay.

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MI 2021-003952-6237-45 Germantown Avenue.

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Both attorneys have been sworn before.

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Could you re-admit Adam Laver and also Hal Shermer?

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Mr. Laver is coming back in as a panelist now.

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Thank you.

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Mr. Shermer is also coming back in as a panelist.

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Okay.

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Good afternoon, Mr. Chairman and members of the board.

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Mr. Laver, just mention your name for the record so we start again.

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You've been sworn.

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