civus
Hearing video

ZBA Hearing - February 3, 2021

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

My name is Chris McFadden. It's M-C-F-A-D-D-E-N.

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Your affiliation with this product, this application?

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I'm the president of the corporation.

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We're in a firm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir.

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I think you've been listening to some of the questions. Maybe you can clear some of these issues up for us.

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Yes. This facility has been in use as a drug and alcohol rehabilitation program for much longer than I have been affiliated with the organization, and it has been utilized for these services since, as you referenced, in the late 90s as a state-licensed entity within the Department of Drug and Alcohol Programs.

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and the uh the couple of the excuse me this is sharon's word again it may have been used as such

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but there is no record of a city zoning approval for that use

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that that has been our understanding since uh since i've been affiliated with the

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the organization that's how the organization has been utilized for

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a number of of decades

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you concur that it has been it's not legalized

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I do hear what you are all saying as far as the the zoning but the utilization of the program for

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the 27 women that are the 27 vulnerable women in the city is the way that the service model

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has been developed with helping with drug and alcohol programs.

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Then can I ask, was there something that prompted you to seek a permit for it at this point?

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Was there a violation notice? No, ma'am. As Attorney Devine referenced, what we are

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attempting to do is be able to provide additional services for the folks that are already in

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our program. And we do also have our program director on the call, and he is saying that

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this is also in the exhibit. I know we haven't been able to get some of that up on the screen,

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but we have 27, we basically have 23 beds in the program. 12 beds are utilized for these

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inpatient services for the 12 women. And then the other beds are also used as a service for

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within our nonprofit faith-based program. And what we are looking to do is be able to provide

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And what we are looking to do is be able to provide additional counseling services within our current facility, our current staffing for these women.

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additional counseling services.

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Mr. Richardson, you can ask a question through the board.

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Mr. Chair, I'm still trying to figure out, are they trying to legally, when he says inpatient

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services, what are those inpatient services that are being provided? Because when I'm looking at

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the refusal, it says something about a home for wayward girls, wayward women, but it doesn't

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necessarily say anything about inpatient treatment. It sounds like they've been providing treatment,

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now they're trying to expand that treatment, and we don't know whether or not this is even

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legal at this point in time. What treatment have you been providing? Within the state of

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well obviously within Pennsylvania there's a 3.5 model which is inpatient counseling services. So

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we provide counseling for the women that live at the facility and that is in the first portion of

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the program and the second portion of the program which is what we are talking about today is to

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provide additional counseling services under the designation of outpatient services or group

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practitioner. So it's counseling. It's all counseling services. It is not a methadone

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clinic. There is none of that happening at our facility. Mr. Chair and board, one other

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question I would have then is if you're providing counseling, isn't that considered a medical use?

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it isn't it would i do not believe it would be a medical use for the the program as a counseling

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center i do have a question when the girls arrive there are they detoxed if all you and i'm asking

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that because of all you provide is counseling yes our our corporation we have 10 locations

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throughout Pennsylvania, our main site is in Berks County. So when a female is in need of

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detox services, they will come to our other campus that is in Berks County, where we will take care

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of those medical, you know, the biological side of the addiction. And then once they complete that

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portion of the program, we then are able to transfer them down to our site down there.

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So we do take care of those things prior to coming down.

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Anybody? Sharon, you have anything else to add?

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No, it sounds to me as though this is a legalization and expansion of the existing use, but in

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either case it requires um it requires a variance right and there was a question uh mr mcfarland

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maybe you can answer there was someone uh i think miss um mckelvaney i think i have her name correct

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she mentioned something about a garage yeah there it's we have uh two two buildings on the uh the

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property and one of the buildings uh was a former garage but it's been a it's a fully renovated

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building so it is not right now it's there's a couple of offices and then there's a large group

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space and and there are i believe there are uh pictures that jim if you can yeah we haven't

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been able to access those are you able to pull that up jim it's showing on our screen that they

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are pulled up no there's nothing on that could you could you maybe email it okay here we go yes

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coming up can you go to the pictures yes

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8.

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Thank you.

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here we go

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Mr. McFadden, can you walk us through what we're seeing?

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Sure, that's just the inside of the building. That's probably not the

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best picture right there of the front window. Here we go.

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There's the entrance into the building. You can see right there on the right is the

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first office, right where this pointer of the screen is, and then right beside that is the

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other other office and then you can see a bookshelf with a little desk there and

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then all the way to the left of theirs I'm sure we'll go down to the next

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picture. That's the other office. The parking lot, the garage. Yeah and there's

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the outside of the building. And then there's a big yard around the back that probably goes

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for 50 to 100 feet. And yeah, there's the parking area. And you can see it from on top

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there, especially on the bottom picture there with the parking and everything there. And

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And that's just the inside of the building, so you can see it's a nice building.

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So this is presently being used for individual therapy and group therapy?

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Yes, ma'am.

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Okay, thank you.

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And that's the larger building right there.

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And you can see then that's the street, if you can see on the left side of the house there.

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We've been serving a very vulnerable group of folks for over 40 years down in Philadelphia.

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And that's really our main purpose here is that we serve a very vulnerable group of women

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in our communities, and we provide a valuable service at this location.

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And the main thing that we're really trying to do here is just add a level of counseling

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services to our second phase of our program, just to be able to provide better recovery

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support services.

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all right uh

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mr richardson yes mr chair you uh you have a better sense of what we're talking about now

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uh i do i still uh it still looks to us like it's a legalization of the services that they're

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already providing without having obtained the variance in the first place uh just so that you

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know the councilwoman is opposed and she joins the uh three rcos that uh oppose this uh variance

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and uh at this point she's looking at that the same the same things that well this is she raised

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the issues in the first place so um you know that's all i can pretty much say about this at this time

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chair i have a question is opposed to the legalization granting this variance uh which

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will be again legalizing what it is that they're already doing that's expanding on what what is

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what's already essentially illegal services i have a question since this is about an expansion

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is it going to require a new staff and if so how many no no ma'am it won't

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no new staff thank you

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how many staff are presently there i don't i don't have the exact number i know

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greg would but it's it's somewhere probably around 10. thank you

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Another question then, Mr. Chair and board members.

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One other question then, Mr. Chair and board members. Is the practitioner that you're

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talking about legalizing, is that person already on staff?

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It would be part of our counseling team that's already existed. So again, no addition of

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staffing.

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Yes. Just to be clear, there isn't a group practitioner. It's the type of counseling

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that is being provided that is simply being enhanced to the second tier as described by

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mr mcfadden this is operating i believe that there's also a misrepresentation that this is

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illegal activity that we're attempting to legalize this is a transitional home for

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folks recovering from their addiction that have already received the medical care required at

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the other campus their transition here to continue to address their addiction

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and transition back into regular normal life coping with their addiction they

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are provided non-medical counseling to address the triggers and the causes of

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their addiction by code. Those counseling services are offered at two different levels

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and we initially sought this variance to simply allow the existing staff to provide the second

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tier of counseling. What is the second tier? Chris?

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if they start out the day going into therapy what do they do the rest of the day and if you're going

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to elevate it into a second tier of counseling what does that consist of and the way that the

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counseling based off of individual group sessions is a full day activity with very limited uh free

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time and the uh when we're talking about this other level we're talking about it being extended

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FOR SEPARATE PROGRAMS, SEPARATE PHASES WITHIN OUR PROGRAM. SO THE PERSON IS STEPPING DOWN

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FROM ONE LEVEL DOWN TO THE NEXT LEVEL OF CARE. SO THAT IS THE MAIN DIFFERENCE BETWEEN THE

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TWO PROGRAMS. NEW SPEAKERS, COUNSELOR, DO YOU HAVE ANYTHING IN WRITING TO EXPLAIN THE DEFINITION

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of these uh programs i i do but i do not have it is it in the exhibits let me pull that up

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so let me ask if i'm a neighbor or someone who lives in that vicinity

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i walk by that place nothing's going to look any different or feel any different than what

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has been going on that's exactly correct is that is that accurate yes absolutely

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um excuse me this is sharon again can i pulled up the definition of a group practitioner

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and this is what it says office use is related to diagnosis and treatment of human patients

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illnesses injuries and physical malfunctions by a state licensed medical dental or health care

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professional practitioner that can be performed in an office setting with no overnight care

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Surgical rehabilitation and other medical centers that do not involve overnight patient stays are included in this subcategory as our medical and dental laboratories, unless otherwise indicated.

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I'm just not seeing what you are describing as fitting within this, and I'm wondering if it requires another review by LNI or a clarification by LNI.

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I'm sorry, can you specify the question?

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Does it require another review by L&I?

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You were refused as a group practitioner.

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I just read you the code definition of group practitioner.

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Do you agree that there's some discrepancy between what you are proposing and what the

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code identifies as a group practitioner yes and that is what i attempted to uh try to articulate

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from the beginning the difference between the services that we're providing based upon the

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regulations that govern uh the services offered by pa adult and teen challenge versus trying to

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square that title and definition with the code that we're seeking under the

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variants and that the identification of a group practitioner from the outset

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the the identification of a group practitioner from the outset has been a misnomer okay in in

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that case i'd suggest that this this be continued and that um i can request a clarification from

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ellen i or perhaps refer you to someone there because if you were to get a variance even if

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this were granted by the board for a group practitioner if that is not what you're proposing

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then your permit would not cover the use

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that you are proposing.

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Right.

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And it would expand arguably beyond what we're proposing.

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Okay.

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Chair, would that be acceptable to expand?

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Yep.

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I think that's a good suggestion, yeah.

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There are a number of folks who want to testify.

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We're going to continue this.

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This will be a resumption hearing

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at which time the community will still be able to weigh in.

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But we need some more clarification as our solicitor just suggested.

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So without any other, without any objection, MI 2020-001076, 329 East Worcester Street.

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This hearing will be resumed. Do we have a date, Jason?

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March 3rd.

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Thank you, Tanya. March 3rd at 9.30?

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3rd or March 30th?

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Sorry?

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Question?

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Question?

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I'm sorry.

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He asked if it was March 3rd or March 30th?

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March 3rd, number 3. March 3rd at 9.30 a.m.?

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Yes.

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at which time we'll consider any feedback from Sharon as it relates to L&I

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and any feedback from the RCO and the Councilwoman's office.

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We've got to get some clarity on this.

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Thank you, Mr. Chair.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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I think that concludes the 930 list.

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Yes.

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Any other unfinished business?

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No.

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Nothing I have.

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Thank you.

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Thank you, Sharon.

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All right.

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See you all back at 1.45.

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I think we're having an executive session.

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Yes, I'll send out an invitation.

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Thank you.

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All righty.

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Thank you.

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Thank you.

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Excuse me, Tanya.

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yes sorry i wouldn't know if you had left um i was just wondering do you need me to um

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come on to the zoom at 145 or should i still wait until oh no that's a separate meeting

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okay so we'll be starting at regular time but we'll be doing a separate meeting as all right

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thank you time you're welcome pauline thank you bye-bye bye

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Thank you.

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