civus
Hearing video

ZBA Hearing - December 1, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 1, 20208h 28m

chair okay and on the second one um alice while you're still there uh busselton avenue

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do we have an attorney representing

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there's a request for a continuance on 7800 busselton is anyone out there objecting to the

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continuance i believe this is justin crick who did submit exhibits if he is available to speak to

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this yes hi thank you members of the board um good morning justin please identify yourself

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for the record spell your name and i'll swear you in yes justin crick j-u-s-t-i-n-k-r-i-k address

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is 1500 jfk boulevard suite 63019102 you swear and affirm to tell the truth the whole truth

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nothing but the truth yes please proceed thank you um we we would similarly on this matter uh

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object to the continuance request although admittedly this would be a first continuance

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requests, but the nature of the request is one for a similarly previously approved use in an

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existing group practitioner building. And what my client is looking to do is put in a dialysis

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center in an existing adult long-term care facility, and the services are greatly needed.

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So delay would really hinder services to the patients for this. But in addition, and I completely

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respect the RCO's reorganization, but despite various correspondence with both the RCO and the

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councilperson's office, this is the first we're hearing of it. So simply because of the lack of

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substantial change at all from what this property is currently used for and had been previously

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approved, as well as the nature of the use being a dialysis center, a group practitioner for that

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sort of life-sustaining and vital service, we would like to proceed today.

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Atlas, what was the reason again for the request?

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It was simply again that the community group had not heard the case, but we would agree for

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if you could hold the vote and we'll do a follow-up with the with the community group's input

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okay Mr. Kirk we're going to hear the case thank you all right thank you thank you Alice

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any other requests for continuances or withdrawals

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latina can you call someone else yes i have rodney little you've been unmuted you're ready to speak

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morning thank you good morning sir please identify yourself for the record first my name is rod rodney

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little stakeholder at 886 north holly street in west philly um i'm this is my first process but

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i'm in total opposition of the 890 sir yes ma'am here could you swear him in please

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we're in the firm to tell the truth the whole truth nothing but the truth

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i do in what case are you speaking to 890 sir number 16 well you're you're here as a as an

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opponent total opposition yes yeah well you have to wait till we get to that case sir oh i apologize

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no problem once we get there then you can excuse me this is Sharon Saleta I believe there was a

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continuance granted for this case number 18 I remember 16 yeah that case yeah you're right

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thank you that case is being continued sir so sir you can look online to the ZBA calendar for

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the next date yes ma'am okay thank you everyone uh anyone else yep continue Fatina please

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Yes, we have Richard DeMarco. He's been unmuted. He's ready to speak.

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Good morning, Mr. DeMarco. Please identify yourself with a record, and I'll square you in.

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Good morning, Mr. Chairman. Can you hear me okay?

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Yes.

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Thank you. I'm here on two matters, and I think you already continued 1615 South Broad for me, so I don't...

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We did. Yes, we did.

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Thank you. I'm also here as an interested party in the Packer Avenue matter. I understand there is a request for...

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I'm also here as an interested party in the Packer Avenue matter.

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I understand there is a request for continuance from Packer Park Civic.

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I'm entering on behalf of Veteran Stadium Neighbors Civic Association, which is the RCO, about a block away from the project.

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We are an interested party.

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There are a lot of concerns about the application.

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There's been no RCO meeting.

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It was canceled, from my understanding, and we're joining with what I believe will be a continuance request by the Packer Park Civic.

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We would like to hear more about this.

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until we have information about it we're going to be opposed if we can find out some information

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about the case we may not be but there's a lot of concerns in my community right now so we're

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joining with the request for continuance from packet park civic since there has been no rco

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meeting thank you excuse me excuse me this is sharon saletta um michael mattione is the attorney

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handling this case i believe he wishes to speak to the continuance also paul bonnie is representing

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the RCO. Again, not to get into the arguments now, I thought at the beginning I said we're

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going to hold that case till the end. This is Paul Bonney. I have a question of clarification.

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Mr. Bonney, please identify yourself with the record. My name is Paul Bonney. My last name is

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spelled b-o-n-i my office address is 325 chestnut street suite 1109 philadelphia 19106

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um and i'm swearing for him to tell the truth the whole truth nothing but the truth

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yes sir please and i'm here representing the rco in this matter the packer park civic association

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um i guess a point of clarification before i um um go further uh is the chair saying that

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that the board is holding until the end of this list the question about what the question about

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whether to continue the case or not well i was not aware that there was a request for a continuance

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until just now. Thank you. If I may interrupt, this is Sharon Saleta. I believe there was some

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consideration of, because this is expected to be a highly contested case, of perhaps splitting it

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into two hearings. Well, if I could make the request for continuous, Mr. Chair.

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Should I, am I on video? Should I activate my video? It doesn't matter. We can hear you.

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that's all that matters. No, you're not on video. And Mr. Mattione is available if you wish to speak,

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Mr. Mattione. Well, I'd like to make the request first, if that's okay, Mr. Chair.

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Yeah, make your request. Okay. Well, first of all, this is a first request for a continuance.

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This case has never been continued before. The parties agreed to have an RCL meeting on November

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16. And we were all ready to have that. And unfortunately, and we had secured a safe outdoor

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location, we flyered the neighborhood, and we were ready to have that. Unfortunately, as you may

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recall, Monday, November 16 was the day that the mayor and the health commissioner at one o'clock

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in the afternoon, announced that there would be increased, you know, COVID restrictions

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coming into place, albeit not until November 20th. And outdoor RCO meetings were not prohibited

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as if properly distanced. And we were prepared to go forward. The applicant called us that day,

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the afternoon of the RCO meeting and begged us to cancel the meeting because of the COVID concern.

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We didn't want to cancel it, but we thought about it. The applicant then put the request in writing.

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We continued to think about it. Even the police department suggested that we should cancel it

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out of abundance of caution. And so we did. So we agreed to the applicant's request

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to cancel and then reschedule the hearing, the RCO meeting. We then asked the applicant for

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new dates so that we could continue to progress with this matter. And we think it was somewhat

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of a ridiculous suggestion, but they offered the Tuesday and Wednesday before Thanksgiving.

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Well, that, of course, doesn't work for us. It doesn't really work for anyone. Even this board

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canceled its, did not hold hearings last week

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on the Tuesday and Wednesday before Thanksgiving.

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And so we are just, this is a highly,

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this is a proposal to put a-

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Let's not get into, let's not get into.

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What I'm saying is there are a ton of questions

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from the community. I'm sure there are. And we are simply unable at this point to have any sort of

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from the community and-

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I'm sure there are.

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And we are simply on a,

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effective cross-examination of these witnesses when we don't understand or we don't even know

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what the project entails. We have, as you can understand in an RCO meeting, a million different

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questions are asked. Okay. I'd like to hear from you. He's muted. You can go forward. Mr. Mattione.

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Mr. Chairman. You want to swear in here? Please identify yourself for the record and I'll swear

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you in. Sure. Michael Mattione, M-A-T-T-I-O-N-I, Federal Reserve Bank Building, 100 North Independence

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Mall, Suite 5A Northwest, Philadelphia 19106. You swear in the firm to tell the truth, the whole

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truth, nothing but the truth? I do, Mr. Chairman. Thank you. You heard Mr. Bonney about they were

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supposedly there were opportunities that were trying to have a meeting, but they were

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canceled? Or your client? Can you explain that? Certainly. First, there was an original RCO

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meeting scheduled on October 19th, and the coordinating RCO requested that that be continued

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until after the election. Everybody was busy, etc. We agreed, and then we agreed upon a date of

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November 16th, and it was going to be an outdoor in-person meeting, and as Mr. Bonny did say,

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it was the same day that the city came out with the new safer at home restrictions on public

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meetings um we we called him up and asked about whether we should have this meeting at all given

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the new restrictions and the uh lack of you know concern for uh outdoor gatherings the city has no

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more than 10 people per thousand square feet um we were really concerned about whether we could have

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this meeting in a safe manner given the new restrictions from the city mr bonnie did send

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me an email that said, and as I've mentioned, we've been having the same discussions here

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on our end, especially because the police department refuses to attend tonight and is

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advising us to instead meet virtually.

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So yes, tonight's meeting is canceled.

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Let us select the mutually convenient date, and then you can send out another round of

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notices with a Zoom link.

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So we suggested that we send out a Zoom link with meetings held either Tuesday or Wednesday.

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I believe it was the 24th and the 25th.

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I would have suggested the 23rd, but I already had another RCO meeting that night anyway.

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So the suggestion that having a meeting the week of Thanksgiving is somehow improper,

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it would be lied by the fact that the Point Free CDC had a meeting on November 23rd with my client.

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Beyond that, I have six witnesses online today.

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This is a long case.

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Even though it's only a special exception, there are several witnesses we're going to present.

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I believe that there is ample opportunity for, one, us to at least start the case today,

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given the number of witnesses and the amount of time it's going to take.

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Two, for proper cross-examination, you know, that'll be available today.

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And if we can agree on a virtual meeting, which we would much prefer,

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especially in light of the safer at home, at some point in time as well, we can do that.

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It is not uncommon for this board, especially in cases where there are numerous witnesses that will take more than one hearing date to have a hearing and then to have an RCO meeting afterwards, especially in when we've had already two cancellations of the RCO meeting.

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So, given what you're saying and what Mr. Bonney and Mr. DeMarco have already testified to, everyone is in agreement that this is going to be a rather long, lengthy hearing.

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and Mr. Bonnie indicated that according to him his clients are not even aware of what is being

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proposed here whether that's true or not I'll take Mr. Bonnie at his word so maybe at least we can

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hear the applicant's side of it and get to understand what the issues are and what the

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application represents so that by the time we have our second hearing the opposite the RCOs

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will have an opportunity to respond because they will have full knowledge of what this

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application represents. So again, we're going to hold this to the end. It'll be the last case

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this morning, and I'm sure we'll have some arguments again about this, but

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I'd like to go forward with the other cases on our list, and we'll get to you folks momentarily.

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Thank you. Thank you. Any other requests for continuances or withdrawals?

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Chair, we have Sloan Foulkes. Mr. Foulkes, you've been unmuted. Please wait for the chair.

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Good morning, Mr. Foulkes. Please identify yourself for the record and I'll swear you in.

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Good morning, Chairman DiCicco and members of the board.

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Good morning, Chairman DeChico and members of the board. My name is Sloan Foulkes.

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My name is Sloan Fuchs, S-L-O-A-N-E-F as in fire, O-L-K-S.

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Office of Councilwoman Maria Quinone Sanchez, room 508 City Hall.

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And do you swear and affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir, I do.

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Please proceed.

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I have two cases that I would like to request be continued.

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The first is MI-2020-000028, 1366 Anchor Street.

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They have not met with the RCO at present, and we'd like forward them to some community input prior to the case being heard.

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Excuse me, this is Sharon Saleta. That's number two on your list.

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I need to say that we also have no exhibits and this is the second scheduling it was originally

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scheduled to be heard on September 29th all right so I'm sorry yes I'm sorry chair but this here is

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an old case mark from July 26th 2019 I got you thank you MI 2020-0000281366 Anchor Street is

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continued must be heard. Thank you. My second request for continuance is calendar number

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MI2020-0003462340 Orthodox Street. Again, we've reached out several times to the coordinating

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RCO. The first time this case was scheduled to be heard several months ago, the coordinating

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RCO hadn't heard from the appellants at the time. Recently, we reached out to the coordinating

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RCO again, and we haven't got a response from them either. So if the appellant is here

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and they have met with the coordinating RCO,

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we would be fine with a holding here.

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I'm sorry, not a holding here.

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We'd be fine to let the case continue,

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but we haven't heard anything at all.

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And excuse me, this is Sharon Solita again.

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This is number 10 on your list and I have no exhibits.

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And has this case been scheduled before?

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I'm sorry.

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Just the first time, first continuance?

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I don't know the answer to that.

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No, it has been scheduled.

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This will be the first request, correct?

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No.

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This should be the second.

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Oh, okay.

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Sorry.

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It should be a must be heard.

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Yeah, that's what I'm asking.

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Last year.

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Gotcha.

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That's why I was asking.

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Thank you.

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MI 2020-0003462340.

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Excuse me.

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Orthodox Street is continued.

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Must be heard.

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Thank you, sir.

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Thank you.

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any other requests there are no more hands here okay uh make sure i got everything right here

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okay uh the first case mi 2020-001539 140-03 south 21st street

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and excuse me chair if if you go forward with this someone could we then go on to the add-ons

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uh yes i'm sorry um hold on

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you talk about the hold on

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I can read the first one in if you'd like. It's simply a delay list case.

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Yeah, a delay list. I have it. We'll go to that one now, and then we'll hold the

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South 21st Street moment for a few minutes. MI 2020-01228-223 South 44th Street.

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