civus
Hearing video

ZBA Hearing - July 15, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 15, 20205h 54m

as it is it can only it could only pursue this mission in this space in this basement lower area

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that creates an area where the hardship is of the land as mr. Horowitz has been has mentioned earlier

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We know that there are barriers and various issues regarding this space itself for it to be safe,

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and we know that LNI, as Ms. Petty so properly mentioned, will make sure that before a certificate

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A hardship of the land is something like a slanted land or something, and it can't be self-created.

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So it can't be, we use this part of the property for something else, so we can't use that area.

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We've got to use this area. That's self-created.

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So the statute is clear. There's no hardship.

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It would also need to show the applicant that there's no other possible uses that there's under strict conformity of the code.

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And here, there's been testimony that Mr. Jenkins didn't even look at the code to see what other uses are allowed.

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And in fact, that he's also been using the property for decades for a permitted purpose.

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And therefore, there can be no zoning variance if it can possibly be used in that matter.

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I've been in front of this board in my office and people before me for many years.

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And we've always seen this board require much more information than this.

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You can't simply just handwrite on the plans.

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This is where this new use is going to be.

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And it is a new use.

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It's a big difference from what is going on there.

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And it's going to be a big impact.

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You heard Mr. Perlman testify that this is going to impair the use of his brand new apartment building that was just built next door.

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That's another requirement of a variance that wasn't met.

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It can't have a variance if it impairs the appropriate use or development of an adjacent property.

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Here there was clear testimony.

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Then there's a safety issue.

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There's a government.

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There's a shutdown.

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No more than 25 people until next February.

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But more than that, they're just going to put all these people down in a basement with no windows.

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it's not safe and this board should insist on more and and the variance requirements are not

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met so it should simply be denied thank you um okay thank you chair we do have a couple other

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hands that raised um ingrid um you're going to be unmuted now um you're allowed to speak

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and you can go ahead and unmute yourself. Hi, this is Bernadette Weich. Ingrid is really my

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first name, but it's Bernadette Weich, the ward leader of the 20th, Democratic ward leader of

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the 24th ward. I host a meeting. That woman lied to that man because I had two RCO meetings that

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day. And I, after the meeting was over, I let them know that this meeting is over because I have

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another RCO meeting. And it wasn't in their district. And I asked them, I said, you could

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leave now because the meeting was over. I know that this woman lied and it's wrong. It's wrong.

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Okay. Bernadette, I think we get, we heard what you said. Appreciate you staying on. But

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I think if you've been listening, one of the issues that we have as a board is the issue of

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public, of safety, of the individuals. I understand that. That's an issue for us.

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But we do appreciate you waiting and appreciate you commenting on this case.

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So we have anything else. Thank you, Bernadette.

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sure we do have a paulette adams who is now allowed to speak you can unmute yourself

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and testify good afternoon miss adams almost good evening miss adams uh please state your

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name for the record spell your name please sure my name is paulette s-p-a-u-l-e-t-t-e

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last name is adams a-d-a-m-s and i've been for this board in times past uh in another capacity

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I was your address. I need your address. Oh, I'm sorry. It is 5320 Turner, T-U-R-N-E-R Street

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in Philadelphia. The zip code is 19131. Okay. I'm just going to ask you, do you swear or affirm

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to tell the truth, the whole truth and nothing but the truth? I do. Thank you. Please proceed,

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Ms. Adams. Thank you. I've been before the board previously in another capacity

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because I was director of community development under Councilwoman Blackwell.

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And I did hear the new councilwoman's staff member say that they were not in office

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when some of these meetings were taking place.

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So I did feel that it was pertinent that I chime in and talk about some of the meetings

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and some of the things that we were looking at with Chosen 300.

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I did listen to the previous people testify so I won't kind of reiterate about their service and

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you know their goodness but yeah yeah so I know everybody wants to go do other things

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so I do want to point out though that there are a number of other entities who have embarked upon

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this kind of work right there in the immediate area community council operated

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right there in the immediate area.

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Community Council operated community-based housing

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right there in the 3,900 block of Lancaster Avenue.

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People's Emergency Center,

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whom I've had the privilege of working for before as well,

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has housing, which is transitional housing,

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right there at 4017 Lancaster Avenue

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and also at 611 North 40th, 604 North 40th, and 612 North 40th. I know that, so there is, you know,

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this consistency of being able to meet the need or try to meet the need, but we have more people

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who need spaces. I do want to speak to the fact that it is not that there are always people who

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need permanent housing. Sometimes there are people who need a few nights until they can get into

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their senior residence or until they can get into an apartment or something like that. The other

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point I'd like to make about the new building, that's fine and I understand that they may feel

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like this creates a hardship with more temporary or transient as people would like to say sometimes

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people coming into the neighborhood but they are new in the neighborhood. This type of use

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is not new now on to the matter of safety i would like to ask the board to consider um a proviso

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and saying giving them time to be able to come up with some plans to work with an architect

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and perhaps to also work with the people who are over in pec and people's emergency center

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who are building housing to look at um what their look at their plans and look at how they can add

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those windows in. This building was traditionally a bank building, which is why it's built like a

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tank. And I understand that there may be some challenges with the windows, but there are things

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that can be surmounted because we have seen groups like People's Emergency Center who build housing

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and who refurbish housing take on larger challenges as well so that they then could

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fulfill their mission. So I'm sure I did send a text to James Wright, who was a vice president

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over at People's Emergency Center, and, you know, let him know that I was going to be on this call.

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And they are certainly open to having that conversation with Chosen 100 and perhaps

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helping them with some of their resources and their expertise in figuring out how to make this

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a safer space. And even if this had to be, if the hearing or the outcome had to be postponed,

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I think that would be a little bit better in allowing us a moment or allowing the-

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Chairman, I was going to let this go on, but since it's going on, I'm going to like to object as the

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standing of this witness. I believe Ms. Adams said that she lives at 5320 Turner Street. I looked that

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up on Google, it's 2.2 miles from the property. Okay. So I would like to say in response to that,

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that I also did say that I was the director of community development under Councilwoman Blackwell

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while all of this was being formulated. And the new council person, Councilwoman Gaudier's

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staff member did testify that he had not had an opportunity to attend meetings or to catch up on

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the project the councilwoman herself had not because they were newly appointed. So I do have

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standing because I have been a part of these conversations with Chosen 300. You speak from

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experience and I'm familiar with that. Correct. Your testimony is allowed. Thank you.

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Is that it Ms. Adams? Yes. So I would ask that the board would consider even postponing to give

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them an opportunity to perhaps have that conversation with the people at People's

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Emergency Center who can help them maybe conceptualize a little bit better for the

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board and for all those who are involved to look at how they can put in the windows and have this

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plan since they do own properties that are just adjacent to those buildings on 40th Street, in

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that block of 40th Street and on Lancaster Avenue at 4017 and in that 600 block as well as in the

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with the group who was doing this type of housing and who is their neighbor, then I think perhaps

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they could come up with something that would be, you know, a little more suitable. Thank you. Thank

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you. And I do consider you an expert witness, by the way, because of your years with Councilwoman

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Blackwell. Thank you. Thank you so much. All right. Tanya? That would be all, Chair. Very good. Thank

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you um questions from the board now uh mr chairman yes if we would hold this uh project

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i would tell the uh the the counselor to maybe look into doing another floor

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instead of using the basement for sleeping add another floor and use that for sleeping

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i had a somewhat similar question i never got to ask was about what whatever the square footage is

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on each of the other floors the first floor and the and the second floor i believe it was

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uh one one area is being used for staff and the other is where meals are served

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uh i don't know if there's a way of flipping that stuff but what i'm going to recommend

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let's hear from the planning commission tom and i'll come right back to you

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planning commission hey um yeah this property is indicated for neighborhood commercial mixed

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use on the city plan you have no objection to the granting events all right what i was thinking

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uh to my board members my fellow board members is maybe we uh we hold this for discussion for

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next week in our executive session. I had some questions. Again, for me, it's all about public

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safety. There's no other issue that is in my mind, unless you want to vote on it. The majority

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rules here. I'm for voting on it, but the majority rules.

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Tom, confessor

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Whatever you guys want to do

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I would rather

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Tom did you want to say something all right I'm flip-flopping I apologize I've

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been a little rusty we haven't been doing this for a while so I'm gonna call

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the vote all right what will miss Chabot just just before you call the

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vote just before you please cliffhanger cliffhanger if and this is nothing that

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I certainly am in no position to pre-judge what or see the future of what the vote will be.

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But if the vote is not in favor, that would cost a year of time before our client could return to this particular application.

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We would probably be more inclined to withdraw it and to start over.

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That would more quickly bring this to the board in a more descriptive way.

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We would be willing to do that than have it.

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if that works for you i i could i would i would agree to that i just again i was just

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no matter what you do it's going to take time i mean if you had to get contractors in and get

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estimates and the cost of of making the basement uh safe for you for human habitation overnight

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and stuff like that so uh if you want to withdraw that i i would be willing does the board agree on

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that would the board agree to withdrawing and then they'll have to figure out all right so make

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make it formal um my client is raising his hand and much

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you're on yeah i just have one one question as far as a window is concerned

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um i guess in 1964 when the building was acquired by the previous church

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there there's a window that is in the basement but it has been filled but and it's it's one

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window and we don't have i don't have the expertise on that it's one window i hear what you're saying

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well there is there's two windows actually all right yeah i'm not saying that this is

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mass incarceration but it's similar to it another two and two minutes we'll have three windows i

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think i appreciate what you're going where you're going reverend uh but i think well no i just want

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to bring clarity to what we have

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i think your attorney's on the right track he's doing a good job for you um at this time um mr

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chair in all that we've heard in testimony i think it's prudent and i think my client will

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agree, even when we have further discussions, that it makes more sense at this juncture to

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withdraw the current application, regroup as far as our safety concerns, and then represent this

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when the time is more opportune, else we risk a year before we can begin again. And that's not,

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I don't think that's in the best interest of Chosen 300 this time.

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Yeah, we're trying to be helpful as best we can. But so I would agree. Any objection to

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the request to withdraw this case no no granted and thank everyone for their testimony

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thank you thank you thank you thank you thank you mr horvitz thank you members of the board

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thank you that the last case we have any more cases I don't have the list in

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front of me yeah that was it that was it Frank yes chair we're good to go we're

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all good sir and remind all that are here that next week cases start at 9 30

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a.m. at the regular scheduled time thank you can uh you make sure we get up i didn't get the

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listing for today so we'll take care of it thank you appreciate it of course anything for you

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confessor thought i was in your favor tanya while we're on i i understand that yellow roses are your

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favorite flower i think could you move a little bit to your right professor thank you all right

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thank you everyone and have a good night

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thank you very kindly

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oh you're welcome

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bye

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