civus
Hearing video

ZBA Hearing - February 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 3, 20215h 41m

may i proceed with my explanation while the exhibits load yeah please yes okay i believe

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that the the refusal is an error in this case what we're seeking is a variance we're an rsa2

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a group living home and we have a variance to provide residential housing

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for up to 27 women recovering from drug and alcohol addiction what we are

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seeking in a variance is to provide expanded treatment within the home the

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difficulty and the problem I believe that exists in this case is the

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designation required by the regulations that govern Pennsylvania adult and teen

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challenge require a request for a group, a practitioner, and or outpatient treatment.

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The refusal at the RCO level was based upon the fact, or the understanding, I should say,

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that this was going to increase foot traffic, bring additional folks into the residence,

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and or create a problem with parking.

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We are not seeking to expand the services outside of the current residents that live there.

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We are simply looking to utilize our staff to provide additional treatment for the completion

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of their rehabilitation as they move through their recovery from drug and alcohol addiction.

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So I believe that the denial or the refusal was based upon a misunderstanding or misnomer between the definition or title given under the regulations governing drug and alcohol rehabilitation and the codes that apply to the RCA2.

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We are not intending to bring additional personnel in.

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in. We are not looking to promote or advance outpatient treatment for additional foot traffic.

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The facility, it may be a material, but the facility does have its own parking lot, but

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The facility, it may be immaterial, but the facility does have its own parking lot.

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our intent here in our variance that we seek is to simply expand appropriately and within

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the requirements of the various codes, the treatment that the residents are already receiving.

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And I can offer Mr. McFadden to expand on what that treatment might be.

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Excuse me, this is Sharon Saleta. I'm a bit confused here. I'm trying to pull up your exhibit packet.

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What did you apply for specifically to L&I, and what did they refuse you for?

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We sought variants to provide a group practitioner for expanded treatment,

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and they refused as proposed group practitioner is prohibited in this zoning district.

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So why do you believe that refusal is an error?

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Because I think that the understanding under the zoning variance of what a group practitioner

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is and what we actually intend for the usage are significantly different.

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Did you discuss this with L&I after the refusal was issued?

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We tried, and we requested a continuance of our hearing before this board in October for that purpose.

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When we had the RCO meeting, because of the chaotic nature I described, although they took a vote,

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they told us that we could request an updated hearing where the hope would be that we could present our argument

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in a more direct summary version.

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After you granted the zoning board continuance,

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we had several emails and a letter,

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which is part of my exhibits, to Ms. McKelvey,

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and we were never granted an updated RCO.

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Wait, we're confusing two things.

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Who is Ms. McKelvey?

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I believe Ms. McKelvey is the individual

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Yeah, she was on a few minutes ago, Sharon

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Yes, I just think we're confusing two things

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L&I and the refusal they issued with the RCO

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Which has nothing to do with how the refusal is worded

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Or how the use is categorized

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You aren't saying that L&I erred in categorizing this

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as a group practice are you i think that this has been mischaracterized or misunderstood

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throughout the entirety of the process every document of refusal that we have received

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simply identifies that the group practitioner is not permitted in the uh in our current zoning

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group the rsa2 okay but what i'm trying to impress upon this board is that we are not looking to

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develop bring in or expand an outside outpatient group therapy program which is what i believe

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the understanding is we are simply looking to expand the services that we already provide

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to the existing residents under the variances that you've already granted

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so none of the physical characteristics of the of the of the property will be changing

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it's just what goes on inside correct um but again i'm not seeing the zoning hearing is

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the zoning history is also listed on the notice of refusal are you saying that at some point in

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the past the board or lni issued you a permit for a group practitioner use that you are now expanding

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no no no

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i'm sorry if i misrepresented that no lni has not nor has this board the only involvement we've had

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with this board under this uh appeal and request for variance was the continuance in october of

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this past year. Okay. Is there an existing use at this property? Yes. What is it? There are 23,

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currently there are 23 female residents residing and participating in inpatient

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rehabilitation from drug and alcohol addiction. Okay. I can tell you that the last zoning board

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Okay, I can tell you that the last zoning board approval for this property was in 1997

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approval for this property was in

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when the board granted for a charitable institution 12 rooming units with community kitchen for

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a maximum of 27 people.

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Correct.

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Okay, so you are now seeking approval to have a group practice with treatment.

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So it would seem that the refusal is correct.

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it says application for a group practitioner at first floor at the rear of the building

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on the same lot with all other uses as previously approved

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well the refusal as i've understood it has been because of the concerns that we do not meet the

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criteria would cause additional foot traffic additional issues with parking it's because

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it does not meet the code requirements a group practitioner is not allowed in this district

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therefore you need an approval for this additional use in to have this use in addition to the rooming

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units that were previously approved but we're not by virtue of the variance we are not requesting

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that an additional group practitioner enter the building we are simply looking to it there is no

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group practitioner in the building the department issued a refusal you are now seeking a refusal

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a variance from the board the board grants a variance not l and i for a group practitioner

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use is that correct yes thank you and um sharon so there's 12 people there legally they can have

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up to 27 there but it's for a rooming house approval they're now seeking to add on the first

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floor a group group practice um group practitioner practice for drug and alcohol treatment so it's

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in addition to changing you know the changing the what the service that would be in uh on in

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the interior of the building right the the remaining floors there will still be residential

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units but they are adding a group practitioner to that use

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so the number of women is 27 that doesn't change no this is i mean this would be considered an

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independent use in addition to the approved rooming units they are now introducing a group practice

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for um for outpatient drug and alcohol treatment so i don't think it would even necessarily it's

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outpatient drug and alcohol treatment maybe mr divine can explain that it is not merely for the

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residents if that's the case. It is primarily for the residents. We are not promoting or soliciting

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outpatient services. We simply want to provide additional services to the 23 women that are

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already living there. Aren't they living there illegally or am I missing something? They are not

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living there illegally since 1997 it has been approved for rooming units for a maximum of 27

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people oh i thought it was 12. it's 12 units for a maximum of 27 occupants okay

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excuse me counselor could we see some floor plans

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i have photographs i do not have a floor plan again

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And we have a meeting room available on the first floor, but the purpose of our variance is not to expand or change any element of the building.

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It's simply the services provided to the residents.

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There's no structural interior changes to the building.

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What is, correct me if I'm wrong, what exists is what will continue to exist.

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It's just that service that you want to provide for the residents that are already in the building.

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Correct.

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Will that service require any additional space within the building?

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No, sir.

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No office?

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There's a meeting room if necessary, but we are not changing any office space or introducing any additional outside personnel.

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Will that meeting room be a room of assembly?

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Um, I don't believe so.

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Thank you.

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Let's hear from the RCO.

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I think there was a woman on.

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Yes, my name is Rosalyn.

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Rosalyn.

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Yes.

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Hi, my name is Rosalyn McKelvey, and we're the Wakefield 49ers, the RCO that covers this

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that covers this area and um we have our city council rep and neighbor on the line too but

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area and

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we have our

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city

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i'd like to say one correction of misrepresentation that they've done is they ask at one time for

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one thing and when he says chaotic he seems to have difficulty bringing up their information

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when we meet too. But he's talking about using a rear garage for this practitioner. And the

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neighbor's question is, on this block, there's already a drug treatment, rooming houses for

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mental, rooming houses for drugs. And the elderly neighbors that live on this block, and they're

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also asking for an apartment. We're talking one block with all this inundation. And when asked

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about what he was going to put there he says he needs a practitioner and the neighbors say well

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if it opens up for him to have practitioners coming in what's going to happen with these

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other two institutions on the block that have people walking around sitting outside

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they might need it we can only speak to this property man yes sir so we understand i know

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where you're going but you have to speak to this property i will speak to this property i apologize

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no problem thank you then the neighbors have conversation and miss sylvia connors they have

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conversations with him and they're ready to present where he says different than increasing

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the number of people and the services so when we met the neighbors said no and they opposed it to

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three RCOs there said no we oppose and suggested that he have more clarification. They then bypassed

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me and went to Faith LLC and tried to have a meeting with the other RCO and I had the email

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sent to the councilwoman's office where she said I was at the same meeting you were at sir

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so what more do you want to tell me that could help me clarify and get a solution

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because the neighbors have already said no then they sent me an email and came back and said they

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wanted to meet with us more i gave him notification of a neighborhood community meeting in october

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november and december where they did not show up or contact me for any information to give to the

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neighbor at the zoom neighborhood meetings and they were taking i've taken it to the door handed

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it to their staff so if he wanted to meet with us they have not yes Mr. Devine the lady mentioned

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something about a garage being converted I am unaware as to any plan or request that involves

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a garage as I indicated earlier there is a room on the first floor in an attempt to provide

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greater clarification and explanation of the fact that we had available space to provide

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these expanded services to the residents that already live there. We provided pictures and

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an explanation. What are the current services? And you may have said this, I may have missed

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it. What are the current services? Current services are full residency services along

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along with inpatient drug and alcohol services.

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And the service that you're looking to add on,

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how different is that from what you're already providing?

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Excuse me, Sarah, the issue is that

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if they are providing drug and alcohol services,

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those have not been approved.

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Right.

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So it isn't simply that they are expanding

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a previously approved use.

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They're adding a group practitioner to a previously approved residential facility.

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Is this a methadone clinic or a suboxone clinic?

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No.

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May I have Mr. McFadden join and he can explain exactly what the mission and services are?

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Please have him come on.

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Chris, can you join the meeting?

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Is this a Gregory McFarland?

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We're looking for Chris McFadden.

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Chris McFadden, okay.

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May I also say I do take objection to him calling the meeting chaotic.

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When they cannot present their information and get a technical glitch and the neighbors have a question, that's not called chaotic.

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It's called they could not present.

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We're trying to get to that.

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We're trying to get the facts out now.

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Thank you.

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i'm sorry i do not see mr uh he says his hand is raised i texted him and is raised

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I'm sorry.

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I do not see Mr.

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He says

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chris mcfadden you said correct yes i agree and this is pauline from it i also do not

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see a mr mcfadden there's a mr mcfarland

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while we're doing that let me ask is i think someone mentioned there may be

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someone from the councilwoman's office and sylvia connor the neighborhood i know ma'am i'm asking so

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would you please whoever's representing the councilwoman would you please raise your hand

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will recognize you i believe that's mr charles richardson i will allow him to speak right now

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yeah mr richardson good morning mr chair hi please identify yourself we'll proceed

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carl's richardson from the office of councilwoman cindy bass room 312 city hall

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now the question to ask uh let me just swear you in you swear and affirm to tell the truth

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the whole truth nothing but the truth i do please proceed mr devine is there treatment

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going on in the facility already you had mentioned that you wanted to expand the services that are

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being provided or that your client is trying to uh extend the services what and since we

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can't get him on and you're kind of a little blurry with regard to your your uh definition

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as to what what services are being provided it sounds like you're trying to legalize what's

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going on there right now is that kind of correct that is not my understanding mr mcfadden is on

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under Greg McFarland, if we could recognize him, he can explain.

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Okay, let's go to him and then hang in there, Mr. Richardson.

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I shall.

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You can ask your question of him.

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I mean, ask us and we'll ask the question of Mr. McFarland.

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Can you hear me?

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Yes, please identify yourself with records by your last name.

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