[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road January 4, 2023 6:00 P.M.]
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I SHOULD CALL THE MEETING OF THE CITY OF HE HEIGHTS.
BOARD OF ZONING APPEALS TO ORDER.
MADAM SECRETARY, WILL YOU PLEASE CALL THE ROLL MR. DAVIDSON? HERE.
WE ONLY TONIGHT, WE ONLY HAVE ONE SET OF MINUTES FROM NOVEMBER 2ND, 2022 MEETING.
IF THERE ARE, IF THERE ARE ANY COMMENTS OR CORRECTIONS TO BE MADE TO THE MADE TO THESE MEET, UH, MINUTES.
OH, YOU WANT ME TO DO AN AGENDA? OKAY.
OKAY, NOW WE'LL GET THE APPROVAL OF THE, OKAY.
SO WE'LL MOVE, PROCEED ON, UM, THE APPROVAL OF THE AGENDA.
MAY I HAVE A MOTION TO APPROVE THE AGENDA FOR TONIGHT? MAKE A MOTION TO APPROVE THE AGENDA FOR JANUARY THE THIRD.
COULD I GET A SECOND, FOURTH, SECOND? IT'S BEEN APPROVED.
MR. SCHAFF, IT'S BEEN APPROVED, UM, BY MR. DAVIDSON AND SECOND BY MR. UH, SCHAFFER.
SCHAFFER THAT THE MUNICIPAL NIGHT BE APPROVED.
ARE THERE ANY OBJECTIONS TO, OR QUESTIONS TO THE MOTION? OKAY.
IF NONE, THE MO UH, AMEND THE AGENDA IS APPROVED.
SO THIS ISN'T ON THIS, THAT'S MY ERROR.
WE WILL PROCEED WITH THE ADDITION TO THE AGENDA TONIGHT.
WE HAVE TO, UH, SWEAR IN A MEMBER OF THE, THE COMMIT THE COMMISSION FOR HIS SECOND, THIRD, FOURTH, WELL, RETIREMENT DOING SO.
MR. DAVIDSON, WILL YOU RAISE YOUR RIGHT HAND AND REPEAT AFTER ME AND, UH, RESET.
THIS SAYS ON HIM, STATE YOUR NAME.
DO SOLEMNLY SWEAR OR AFFIRM TO SUPPORT, DO SOLEMNLY SWEAR OR AFFIRM TO SUPPORT THE CONSTITUTION OF UNITED STATES CONSTITUTION OF THE UNITED STATES, THE CONSTITUTION OF THE STATE OF OHIO, CONSTITUTION OF THE STATE OF OHIO, THE CHARTER AND ALL ORDERS OF THE CITY OF HUBER HEIGHTS, THE CHARTER AND ALL ORDINANCES OF THE, UH, CITY OF HUBER HEIGHTS.
AND THEN I WILL FAITHFULLY, HONESTLY, AND I PARTIALLY AND I WILL FAITHFULLY, HONESTLY AND PARTIALLY IS CHARGE THE DUTIES OF MY OFFICE IS CHARGE THE DUTIES OF MY OFFICE TO THE BEST OF MY ABILITY TO THE BEST OF MY ABILITIES.
CAN YOU SIGN THIS RIGHT HERE? PLEASE? GET HIM SIGN AFTERWARDS? YEP.
YOU LEGIT? NOW AGAIN, AGAIN, WE CAN MOVE ON IN ACCORDANCE WITH THE RULES OF THE BOARD OF THE ZONING APPEAL.
ANYONE WHO WISHES TO SPEAK OR GIVE TESTIMONY TONIGHT THIS EVENING NEEDS TO BE SWORN IN.
SO I WOULD ASK ANYONE, EVERYONE TO STAND AND RAISE YOUR RIGHT HAND AND RESPOND.
TO THE FOLLOWING OATH, DO YOU HEREBY SWEAR OR AFFIRM ON THE THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO.
ONCE WE COME, YOU CAN RECEIVED, ONCE WE, UM, COME TO YOUR CASE, UM, ANYONE THAT WANNA SPEAK TONIGHT THE CASE AND, UH, AND REVIEW.
AFTER REVIEW FROM THE STAFF, PLEASE STEP UP TO THE PODIUM AND SPELL YOUR NAME FOR THE RECORD.
AND THEN THERE'S A SHEET ON THE PODIUM THAT WE'D LIKE FOR YOU TO SIGN.
UM, SIGN YOUR NAME ON THAT SHEET.
SINCE WE DON'T HAVE ANY OLD BUSINESS, WE WILL PROCEED WITH THE NEW BUSINESS FOR 2023 AND IT'S B Z A CASE 2301.
THE APPLICANT JERRY FRA JEREMY FRAZIER, IS REQUESTING A VARIANCE FROM SECTION 11 81 0 4 PROJECTION TO EXCEED THE LIABLE PROJECTION OF A REAR PATIO PATIO.
COVER PROPERTY IS LOCATED AT 40 46 RED BUG WAY TIP CITY, OHIO.
OKAY, DOC, COULD YOU PLEASE GIVE THE STAFF REPORT? YES, MA'AM.
HAPPY NEW YEAR, ALL TO YOU BOARD.
LOOKING FORWARD TO ANOTHER YEAR.
UM, PROPERTY OWNER INSTALLED A REAR PATIO COVER, UNAWARE OF THE REQUIRED PERMIT.
THE NON PERMITTED COVER WAS DISCOVERED BY A CODE ENFORCEMENT OFFICER, AND THE OWNER WAS ADVISED OF THE NEED TO OBTAIN A PERMIT.
SECTION 1180 1.04 E OF THE ZONING CODE STATES A PATIO COVER OR PORCH SHALL NOT PROJECT INTO THE SIDE OR REAR YARD MORE THAN 16 FEET FROM THE BUILDING LINE OF THE DWELLING
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PROVIDED THIS DOES NOT COME NEAR TO THE SIDE OR REAR LOT LINE THEN FIVE FEET.THE COVER PROJECTS INTO THE REAR YARD, 19 FEET FROM THE FOUNDATION EXCEEDING THE 16 FOOT LIMIT.
THE OWNER STATES, THIS WAS AN HONEST MISTAKE ON HIS PART.
AS A FIRST TIME HOMEOWNER, HE WAS UNAWARE OF THE NEED FOR A PERMIT, OTHERWISE HE WOULD'VE BEEN AWARE OF THE LIMIT ON THE PROJECTION OF THE COVER.
THE OWNER WISHES TO LEAVE THE COVER AT ITS CURRENT PROJECTION, THEREFORE, VARIANCE IS REQUIRED.
THE LOTUS, APPROXIMATELY 0.66 ACRES, NO EASEMENTS ARE IMPACTED HERE.
THE STRUCTURE IS A REAR PATIO COVER.
AS STATED, OBVIOUSLY THE PLACEMENT IS OF THE REAR, WHICH IS THE NORTH SIDE OF THE HOUSE.
ENGINEERING HAD NO CONCERN OR COMMENTS ABOUT THIS INSTALLATION.
IF YOU HAVE ANY QUESTIONS, I'LL BE HAPPY TO TRY TO ANSWER THEM.
DO ANYONE HAVE ANY QUESTIONS FOR ITS STAFF? UH, DON DO WE KNOW, UH, WAS THIS A CONTRACTOR BUILT OR SELF-BUILT? I COULDN'T TELL YOU SIR.
UH, WE'LL HAVE TO ADDRESS THE APPLICANT FOR THAT INFORMATION.
SINCE THE, THE BOARD DOES, THE BOARD DOESN'T HAVE ANY, UM, QUESTIONS FOR THE CITY STAFF PERSON, UM, THE INDIVIDUALS THAT WISH TO SPEAK ON THIS CASE, REST.
IF YOU COME TO THE PODIUM, STATE YOUR NAME AND SPELL IT, PLEASE.
WHAT CAN YOU TELL US, WHAT CAN YOU TELL THIS BOARD ABOUT, UH, UH, THIS, THIS CASE? UH, SO, UM, AGAIN, UM, FROM THE, UH, THE FACT SHEET THAT, UH, THE BOARD MEMBER, UH, MR. MILLER, UH, SPOKE FROM, UM, I'M A, UH, I'M A RETIRED, UH, 20 YEAR FORCE VETERAN, AND, UH, HAVE CHOSEN TO RETURN HERE, UH, AFTER RETIRING TO HUBER HEIGHTS TO FINALLY GIVE MY FAMILY, UH, A PERMANENT HOME AND, UH, RAISE OUR CHILDREN.
AS A FORMER ACTIVE DUTY SERVICE MEMBER, I MOVED AROUND A LOT, INCLUDING HERE LOCALLY AT WRIGHT PATTERSON.
AT ONE POINT THROUGHOUT MY CAREER, I NEVER OWNED A HOUSE DUE TO FREQUENTLY MOVING, FREQUENTLY DEPLOYING.
UH, INSTEAD, I OPTED TO LIVE IN BASE BARRACKS, BASE HOUSING, OR RENTING, UH, APARTMENT OR HOME FOR THE ENTIRE 20 YEARS.
I SERVED, UH, I DID NOT OWN, UH, OUR FIRST HOME UNTIL SETTLING HERE, UH, ON MOVING, UH, HERE AFTER FINISHING MY MILITARY CAREER AND DECIDED TO BUY ONE HERE IN CARRIAGE TRAILS.
UH, AND COMPLETELY NEW TO HOME OWNERSHIP.
AND IT'S MANY, MANY LESSONS AND NUANCES.
UH, AND THE NEXT LESSON I HAVE NOW LEARNED IS FOR THE NEED FOR PERMITS, UH, AND HOW THEY WORK.
UH, OUR PATIO IS OUR OASIS FOR OUR, FOR THE WARMER MONTHS, UH, TO COMFORTABLY ENJOY OUR BACKYARD THAT MY FAMILY DREAMED OF WHILE MOVING AROUND FROM PLACE TO PLACE OVER THE YEARS, THIS WAS A MAJORITY OF THE REASON WHY WE SELECTED A LOT WITH THE, WITH SUCH SIZE AT NEAR, UH, ALMOST THREE QUARTERS OF AN ACRE.
IT IS, UH, HAS AMPLE PLACE FOR OUR CHILDREN TO PLAY SAFELY AND ENJOY BEING OUTSIDE.
UH, OUR DEVELOPMENT, UH, HAS NO, UH, COMMUNITY, UH, FACILITIES FOR, FOR, UH, PLAYGROUNDS OR POOLS OR ANYTHING LIKE THAT.
SO WHATEVER YOU HAVE IN YOUR BACKYARD IS WHAT YOU HAVE.
UH, PRIOR TO BUILDING OUR PATIO COVER, I WAS COMPLETELY UNAWARE OF THE REQUIREMENT TO OBTAIN PERMITS IN ORDER TO EN ENGAGE IN CERTAIN HOME IMPROVEMENTS AND PROJECTS.
I NEVER INTENDED TO VIOLATE ANY ORDINANCES OR REGULATIONS.
I'M FULLY EMBARRASSED, UH, AT THE SITUATION THIS HAS CAUSED, ESPECIALLY COMING FROM A CAREER OF SERVICE, UH, INTEGRITY, ADHERING TO REGULATIONS, AND DOING THE RIGHT THING.
UH, UPON RECEIVING THE NOTIFICATION OF THE PERMIT VIOLATION, I IMMEDIATELY CONTACTED THE CITY, UH, AND APPLIED FOR THE PERMIT.
UH, AS I FILED FOR THE PERMIT, I REALIZED THAT OUR OVERHANG WAS IN VIOLATION OF ZONING REQUIREMENTS.
I DISCOVERED THIS WHILE MEASURING THE DIMENSIONS, UH, FOR THE APPLICATION.
THANKFULLY, BY B BLIND LUCK, THE, THE TOP OF THE PATIO COVERED WAS INSTALLED JUST, JUST SHORT OF THE 14 FOOT LIMIT.
THIS WAS ENTIRELY DUE TO THE LAYOUT OF THE BACK OF MY HOUSE, UH, AND HOW THE REAR WINDOWS SIT AND, UH, EXHAUST FENCE ARE POSITIONED ON THE BACK.
IT WAS PRETTY MUCH THE ONLY PLACE I HAD, UH, FIGURED IT COULD GO AND BE UNINS UNINS INSTRUCTED.
HOWEVER, UNFORTUNATELY, BY DECIDING TO RUN THE PATIO COVER TO THE END OF THE CONCRETE PATIO, UH, THAT I HADN'T PUT IN, UH, IT, UH, SO THAT IT WOULD BE FULLY COVERED, I UNKNOWINGLY AND
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INNOCENTLY, UH, COMMITTED A VIOLATION OF CODE BY HAVING, BY EXTENDING THREE FEET PAST THE, THE LIMIT AT 19 FEET, UH, RESPECTFULLY AND HUMBLY ASKED FOR APPROVAL OF A ZONING VARIANCE, UH, TO KEEP, UH, TO COVER, UH, FOR THE THREE POINT, UH, THREE FOOT OVERAGE OR A PATIO.I'M NOW FULLY AWARE OF THE, UH, THE REQUIREMENT AND WE'LL DEFINITELY CONTACT THE CITY FOR PERMITS FOR ANY FUTURE PROJECTS.
ANYONE HAVE ANY QUESTIONS FOR MR. FRAZIER? I GUESS MR. FRAZIER, I, UH, MY QUESTION STANCE, UH, DID YOU BUILD THIS YOURSELF OR DID YOU HIRE A CONTRACTOR? I, UH, I DID HIRE A CONTRACTOR.
UH, IT, UH, WAS A, UH, A CONTRACTOR, UH, WAS FROM OUT OF TOWN, I GUESS.
UH, HE DIDN'T, HE DIDN'T KNOW THE, THE PERMITS EITHER.
I DID, I DID CONTACT HIM AND ASKED HIM IF HE HAD PRIOR NOTICE OR IF HE KNEW THAT WE SHOULD HAVE HAD ONE.
AND HE, HE, HE DIDN'T KNOW THAT HE SHOULD EITHER.
ANYBODY ELSE HAVE ANY QUESTIONS? YEAH, I DO.
MR. FRAISER, THANK YOU FOR YOUR SERVICE FOR 20 YEARS SERVICE.
AND YOU SAY THAT PATIO WAS ALREADY, UH, CONCRETE PATIO.
YOU JUST ADDED THIS ON, IS THAT RIGHT? YES, SIR.
SO I WANT TO ADD THAT YOU ALL RECEIVED IN YOUR PACKET, THERE WERE EIGHT LETTERS FROM NEIGHBORS, UM, SURROUNDING YOUR HOME STATING THAT THEY HAD NO OBJECTIONS, OKAY.
TO THIS BEING, UM, A LITTLE PAST THE CORRECT SIZE, AND THAT THEY HAD NO OBJECTIONS TO A VARIANCE BEING GRANTED.
SO I DID WANT YOU TO KNOW THAT WE DID RECEIVE EIGHT, THANK YOU.
AND FOR YOU ALL TO KNOW THAT YOU HAD THOSE TO LOOK AT.
AND WE'RE GLAD THAT THEY PUT WE GOT THAT IN THE RECORD.
SINCE THERE'S NO MORE, UM, QUESTIONS SEATED, I'M GOING TO CLOSE THE CASE AND WE'RE GOING TO REDO AND WE CAN BE SEATED.
UM, AND THEN WE ARE GOING TO, UM, READ THE VERDICT.
I'M GONNA START READING THESE VARIANTS AND WE HAVE TO VOTE INDIVIDUAL FOR EACH VARIANCE THAT I READ, EXCUSE ME.
WE'LL START WITH A, WHETHER THE PROPERTY IN QUESTION WILL YIELD AT REASONABLE RETURN OR WHETHER THERE WILL BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE.
UM, SECRETARY, WILL YOU TAKE THE ROLE? EITHER, EITHER YES OR NO.
WHETHER, WHETHER THE VARIANCE IS SUBSTANTIAL? MADAM SECRETARY, MR. DEAN? NO.
WHETHER CENTRAL CHARACTER OF THE NEIGHBORHOOD WILL BE SUBSTANTIAL, ALTERED, OR WHETHER ADJOURNING ADJOURNED PROPERTY WOULD SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE? MADAM SECRETARY? MR. MOCK? NO.
WHETHER THE VANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICE SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE REMOVAL.
WHERE THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION? MR. DAVIDSON? NO.
WHERE THE PROPERTY OWNERS WERE THE PROPERTY OWNER'S? PREDICAMENT FEES WE CAN INVERT THROUGH SOME OTHER METHOD OTHER THAN A VARIANCE.
WHETHER THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANTING THE VARIANCE.
MAY I HAVE A MOTION TO APPROVE THE VARIANCE? I'LL MOVE TO APPROVE THE VARIANCE.
IT'S BEEN MOVED BY MR. MARK AND, UM, SECOND BY MR. SCHAFFER, THAT THE VARIS FOR CASE BZ CASE 2301 BE APPROVED.
IS THERE A QUESTION ON THE MOTION? IF THERE IS NO QUESTION ON THE MOTION, MAY I HAVE A VOTE, PLEASE.
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MR. DAVIDSON? YES.THE MOTION HAS CARRIED, UM, MERIT HAS BEEN GRANTED AND THE VARI HAS BEEN GRANTED.
WHAT YOU NEED TO DO IS GET WITH THE CITY TO SEE WHAT NECESSAR PAPERWORK THAT YOU NEED TO, TO, UH, COMPLETE.
AND, UH, HE'S, HE'S THE MAD CHAIRMAN.
HE IS PERMIT I'LL MAKE THAT THE INSPECTOR IS AWARE IF I REPEAT THAT.
ADAM, CHAIRMAN, HE HAS OBTAINED HIS PERMIT.
WE WERE HOLDING IT, UH, ON APPROVAL BY THE BZA.
A BEFORE WE MOVE FORWARD, I'LL LET THE INSPECTOR KNOW THAT IT'S BEEN APPROVED.
SO, WELCOME BACK HOME AND, AND EVERYTHING AND ENJOY.
OKAY, WE'LL CONTINUE WITH THE AGENDA FOR TONIGHT.
THE NEXT ON THE AGENDA, WE ARE ADDITIONAL BUSINESSES.
WE HAVE COMING INTO THE NEW YEAR AND EVERY NEW YEAR, EVERY JANUARY, WE, UM, ELECT CHAIRS AND VICE CHAIRS.
SO I'M GONNA TURN IT OVER TO MADAM SECRETARY.
THIS IS THE PART THAT SHE NEEDS TO DO.
SO, UM, LIKE SHE SAID, EVERY YEAR WE, UM, ELECT A NEW CHAIR AND VICE-CHAIR FOR THE YEAR.
SO WE NEED TO KNOW WHO, ANYONE WHO'S INTERESTED IN RUNNING, WE'RE GONNA DO THE CHAIR FIRST.
SO I DON'T MEAN RUNNING ANYONE WHO'S WILLING TO TAKE ON THAT.
ANYONE WHO'S INTERESTED IN IT.
IF YOU, UM, WOULD LIKE TO SAY A FEW WORDS OR LET US KNOW THAT YOU ARE INTERESTED.
MADAME CHAIR, WITH YOU BEING THE CURRENT, WE NEED TO ASK YOU IF YOU ARE INTERESTED IN IT AGAIN.
YES, I WILL BE INTERESTED IN MAINTAIN THE CHAIRMANSHIP FOR 2023.
I DON'T NEED TO GIVE NO LOUD DRAWN OFF.
IS ANYONE ELSE INTERESTED IN THE CHAIR POSITION? I WOULD BE INTERESTED IN CHAIR ALSO.
I JUST APPRECIATE BEING ON THE BZA.
UM, DEFINITELY IT'S BEEN FUN AND JUST RENEWED FOR ANOTHER YEAR OR ANOTHER TERM.
AND, UH, DEFINITELY JUST WANT TO IMPROVE, SO.
ANYONE ELSE INTERESTED IN RUNNING AS THE CHAIR? OKAY, SO WE HAVE EVA AND SCOTT.
SO I'M GONNA ASK FOR A NOMINATION FOR MS. EVA NEWBY, MADAM CHAIR ON, MAKE A NOMINATION FOR MS. NEWBY TO BE CHAIR.
I NEED A NOMINATION FOR MR. DAVIDSON.
I'D LIKE TO NOMINATE MR. DAVIDSON.
AND I NEED A SECOND FOR MR. DAVIDSON.
SO FIRST WE'RE GONNA VOTE FOR EVA.
YOU CAN'T SAY NO IF YOU WANNA VOTE FOR YOURSELF.
I, I, IT PUTS ME IN THE SPOT, BUT IT I KNOW.
SO MS. NEWBY PASSED 4, 2 1 TO BE THE CHAIR.
SHALL I VOTE ON DON? SO MS. NOOBY GOT FOUR POSITIVE VOTES.
SO WE DON'T VOTE ON THE NOMINATION OF SCOTT.
SO WE ARE GOING TO MOVE TO VICE CHAIR SCOTT AS THE PRESENT VICE CHAIR.
WOULD YOU LIKE TO CONTINUE THAT? THAT'D BE FINE.
YOU WANT ME TO DO A SPEECH ON THAT TOO?
IS THERE ANYONE ELSE INTERESTED IN VICE CHAIR? MADAM SECRETARY? I WOULD BE INTERESTED AS THE SECOND SENIOR MEMBER OF THIS BOARD.
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ALL RIGHT, SO I NEED A NOMINATION FOR MR. DAVIDSON.I WILL NOMINATE SCOTT DAVIDSON IN A SECOND.
I GUESS I COULD DO THE VOTE FIRST.
I WILL NOMINATE MR. DEAN IN A SECOND.
YOU PUT YOUR HAND, I COULD HIT YOU DOWN.
SO WE'RE GONNA VOTE ON MR. DAVIDSON.
UM, I WON'T PUT YOU ON THE SPOT FIRST.
SO MR. DAVIDSON WOULD BE THE CHAIR.
THANK YOU ALL FOR SHOWING YOUR INTEREST IN THAT.
WE'LL MOVE ON TO THE NEXT, OKAY, THE NEXT THING IS THE 2023, UM, SCHEDULE.
WERE THERE ANY CONCERNS? SO YOU'LL ALL SEE THAT THERE'S NOT A MEETING IN JULY BECAUSE OF THE HOLIDAY.
THEY TAKE OVER SOME OF THE OTHER MEETINGS.
UM, THERE ARE NO MEETING DATES AVAILABLE, SO IT'S JUST, WE'RE JUST LEAVING THE MONTH OF JULY OPEN.
SO NEED A MOTION TO APPROVE THAT.
IF THERE'S NO QUESTIONS ON, ON THE SCHEDULE, COULD I GET A MOTION TO APPROVE THE 2023 SCHEDULE? YOU CAN SCHEDULE.
I MAKE A MOTION TO APPROVE THE 2023 SCHEDULE.
IT'S BEEN MOVED BY MR. DAVIDSON, A SECOND BY MR. SCHAFFER THAT THE SCHEDULED FOR 20 22, 20 23 MEETING BE APPROVED.
IS THERE ANY QUESTIONS ON THE MOTION? THERE'S NO QUESTIONS ON THE MOTION.
PER, UM, SECRETARY WILL TAKE THE VOTE, PLEASE.
SO THE SCHEDULE, IT HAS BEEN APPROVED.
THE NEXT UPCOMING, UM, MEETINGS IS FEBRUARY 1ST AND MARCH 1ST.
IS THERE ANY OTHER ADDITIONAL BUSINESS THAT WE NEED TO TAKE CARE OF TONIGHT IF THERE'S NO OTHER, UM, ADDITION TO MEETING TO TAKE CARE OF TONIGHT? CAN I GET A, I MAKE A MOTION.
MA'AM, CAN I GET A SECOND? I'LL SECOND.
IT'S BEEN MOVED BY MR. SCHAFFER AND SECOND BY MR. MARK THAT WE, THAT THE MEETING TO BE ADJOURNED AT 6 22.