all right let's try this again good evening everyone uh good evening Commissioners Zoning Board of adjustment board staff ladies and gentlemen as CH Vice chairwoman of the city of Patterson Zoning Board of adjustment I call this special meeting of March 28 2024 to order I hereby state that all the provisions of the state of New Jersey public meeting law have been fully and completely met that the notice of Provisions required have been properly posted in the Zoning Board of adjustment office and with the city of Patterson clerk that the public notice and advertisements have been published in The Herald news on March 18 2024 in accordance with the law and that the copies of such notice and public advertisements are on file in the planning board office as is also the agenda listing the applications to be taken up by the Zoning Board of adjustment at this meeting public participation will be available by calling 1 1973 3211 1579 meeting ID number 8326 be sure to press star one to listen to the meeting press star three to be added to the speaker queue on the on the date and the time the meeting is scheduled to commence the public may also participate in the meeting by access accessing the website of the city of Patterson on Via the YouTube page tonight's procedure will be in accordance with the rules regulations bylaws as hereto for determined by the Zoning Board of adjustment located at25 Ellison Street in the city of Patterson may we please stand to recite the pledge of allegiance to the flag pledge allegiance to the flag United States of America and to the Republic for one nation under godible with liberty and justice for all we are going to wait to call uh the roll call until commissioner Parchman is here correct uh Marco yeah we could we could wait a minute but let's let's do the agenda make sure the applicant's here and then uh and then we'll just go off line for a minute very good um Madam Secretary will you please read the agenda yes good evening everyone agenda for special meeting Zoning Board of adjustment um Thursday March 28th 2024 7:30 p.m. virtual meeting public participation will be available by calling 973 3211 1579 meeting ID number 8326 press star one to listen to the meeting press star three to be added to the speaker queue on the date and time that the meeting is scheduled to commence the public may also participate in the meeting by accessing the website of the city of Patterson www.pon nj.gov and following the email link for the meeting which is htps backback Slash www.youtube.com backc small C city of patteron NJ City Hall backli the following matter will be heard item number one ID a2023 d87 26 north9 LLC 26-34 North 9th Street block 76 L 5 and six Zone r-2 Zone permitted use one and two family dwelling the applicant proposes demolition of an existing twostory dwelling and garage and build a new three-story apartment building with 16 residential units The Proposal includes six one bedroom and 10 TW bedroom units the application requires four D variances use f density and height there are six other bulk variances subsumed in the use variance for an apartment building for for a total of 10 variances The Proposal includes a trash shoe an elevator and three EV station for a total of 28 spaces required and 29 spaces are provided Zone r-2 permitted use one and two family dwellings require site plan approval bulk variance use variance and D variances this is a first appearance applicat present yes uh good evening uh Commissioners and Council Alan mariconda on behalf of the applicant uh with me uh we're all in one location Mr Sterns Mr romanic and the applicant thank you Council we're just going to wait a minute uh we're anticipating one more commissioner any moment so we're just going to go off the record for a couple minutes very good thank you Mr Morris we're off record for a minute e e e e e e e e e e e e e Robert you on mute oh you waiting for your connecting your your audio connecting sorry hold up can't hear you audio is connecting audio can you hear me now yes I can hear you now oh D you look you look cute on camera oh thank you my dad thank you hey who devil Marco Marco didn't say anything so you know that's okay Marco I'll see you when I get in we get inside the chambers okay I like I like your hair D I like it it's different I I I actually do like the picture that you have there when you're not when you're just like Marco don't Marco Marco don't do this don't do this tonight nope only when we're in that chamber that's when you want to talk junk so I can address you just a quick reminder to the Commissioners we're still live we're ready um Robert's here right yeah we were off record I think uh uh we were back on record yeah now we are if you tell them we are yep we'll go back on record Mr Morris on Reon thank you please call the uh do the roll um Madame secretary stepped away for a second uh Mr M uh Marco would you do roll call or do you want me to do that uh I think we should wait for her as way she could lock she could mark it down okay how come I can't see everyone uh you got you gotta move what's up oh what you got there buddy that don't look like just regular orange juice okay Madame secretary's back we can um proceed with the Roll Call okay commissioner baralt presentent commissioner [Music] Ferman must be okay commissioner Ferman present commissioner parchment present commissioner Watkins present commissioner white present commissioner Alam absent commissioner Vega present Vice chairwoman Monero pres chairman rohim absent okay are we ready for the first U Mr mariconda are you ready yes good evening uh Madam chair CH and Commissioners thank you for hearing us uh on a special meeting basis again uh we are ready to proceed on uh 26 North 9th uh 26-34 I should say we'll be calling Mr romanic first and then Mr Sterns uh architect planning and site plan engineering and the applicant is with us as well uh we have a site here which we believe in terms of its dimensions and proposal we believe is is very suitable for the proposed development uh We've of course reviewed Gary's report which will be discussed by my professionals so I'm going to call Mr romanic as our first witness before before you do that uh Council I I just want to I just want to discuss on the record notice and my concerns with notice and and it's and it's uh no issue of of counil or or you know the applicant but due to unforeseen circumstances the council chambers weren't available uh they're not available tonight they they they can't be used so at the last minute and I say last minute I mean it was more than a day ago but that's last minute when we look at Municipal lanu La the matter was converted to a virtual meeting my concern is I'm assuming I don't have it in front of me uh you could you could read it to me but your notice says in person correct that is correct I'm assuming the newspaper ad said in person correct correct I know the city updated the website if somebody looked at the website last minute you know who was planning coming in person I know it was posted on the doors that because of the the issues with the chamers in the ceiling that it just physically could not be in there um and that it would be virtual but it kind of raises a concern right if I if I show up in City Hall although I see a posting that it's virtual now I'm at City Hall I'm not home I'm not at a computer I haven't made arrangements so I I have concerns about that um I've expressed these concerns you know having said that ultimately in a situation like this notice is an issue really for the applicant right if it's it puts the applicate at Peril that if somebody comes forward and challenges that later if this matter were to be approved no matter what it it puts it at risk so I I just want to make sure it's abundantly clear that I am concerned that if that if that was challenge it could be an issue if there's some and again I I don't know if there's any objectives on this application I don't know if anybody intended to appear on this on this particular application um but those are the concerns I have at the at the last minute so I I kind of just defer to you Castle hear what you have to say it defer to the board right thank you uh thank you Mr laka uh I got my client present as we indicated uh we're we're comfortable reasonably comfortable that uh certainly we're comfortable that the city staff made every effort possible under unexpected circumstances to give the public actual notice of the change the virtual and we're ready to proceed if the board is ready to proceed should D require a vote H my hand is raised so I need to ask a question correct you raise your actual hand that didn't see the little hand in the corner there no Marco let not go there today Marco Okay commissioner white you have thank you um board secretary do we have any objectives on the line do you know I have the IT department checking if there's any obors online yeah that would help thank you you commissioner white just to answer your question we do have about 10 objectors on the line two of which are already in queue to speak however because of the circumstances that we are in with the virtual meeting we will not know which uh application they are here to speak on you're you're muted you're still muted you're you're right you're absolutely right you're um but it would have been nice if we could have probably you know the ones that are on the line if we could have filtered them out to find out which case they're um online to hear you know and I know I I know the the city has an Antiquated system but I think we should do better to figure this out so we'll know what objectives are going to be um which ones are on the line for which case or applicant is there a way we can I don't I don't know we can we should be able to if there's only 10 which is a very low number we should be able to filter that out by just checking in you know which one you which applicant are you here we will check that we'll see if it's possible okay thank you and if so we could just put on a record which how many objectives for which one or you could just keep account of that so we'll know okay thank you Miss chair lady I just double checked with um give me one second commissioner Vega I just double checked with it there is no way of knowing what um the objectors which case they are here for okay so then once we hear this case what you go just open up the the door open up the lines to find out at that point or how we correct so once we will keep on repeating what the link is and what the phone number is uh and directions and instructions on how to log on in order to get into the queue to speak and when we open up the public portion is when you know for said meeting and then that's when we'll find out um how many obors we have for each case for each applicant okay commissioner Vega you have the floor so yes I'm going back to Mark uh concern a council um do we are we going to have everybody who wanted to come to this meeting uh available today so that's where we at uh we don't know because we don't know who's going to be missing obviously we don't know we're not in Chambers so that that's concern are we do we have are we okay to continue this meeting today and and and make decisions and everybody's going to be okay with uh what's the situation is right now I just want to make a mention I was downstairs um also checking to see if anyone would come I only saw one person who I spoke to personally who mentioned that he received a notice he didn't know what it was about and I explained it to him and I told him where he can log into and explain everything on how to go onto the YouTube site so um I told him that we still haven't started the meeting so he said that he was going to go home and he was going to go on to YouTube but he didn't state that he came to object he just said I received a notice and I don't know what this is about so I just are we are we voting on this or are we just going to go ahead and well I don't think it's something that we vote on I think um Mr laka put in his concerns on the record and then Mr mariconda advised his client and his client is uh okay and with continuing so at this point am I right Marco is this is this where we are right now yeah I mean with regards to this application I mean I just make it clear though I mean I I do think I do think notice is a problem right I mean I know we made every effort I know that we do have I I don't know that I added that before we do have uh feet on the ground actually at a city hall so if somebody does show up that they could help address it and we have an idea what's going on so I mean I know we are making every effort and this was unforeseen and I understand it's a special meeting and the importance of moving forward but it is I mean you know the day before would converted converted to meeting so I I I do think you know quite frankly I probably am not helping the applicant now if there was an appeal with the record making but I but I am concerned that the notice is an issue um but it's ultim in this case it's ultimately the applicants uh request prior to the meeting actually started did we hear anything from any parties like any objectives any interesting parties on this particular application they're in que they don't know no no no prior prior prior no okay uh Madam Secretary um are you in touch with um Charles downstairs just in case if someone does come in and they see the notice but they don't you know they maybe not have that access to get to a computer I mean get name if someone is walking in I am informed and I go downstairs okay thank you uh commissioner baral you have the floor yes my concern is like like What if after all the efforts we're trying to make so that everybody is notified and object as an objector so somehow for some reason uh they don't get to know and they miss the uh they miss been here uh that is uh the concern I have because we could try all we want but what what are the repercussions uh Council uh Marco if if that happen let's say for some reason one or two persons somehow never heard the news or never they wanted to be here but they never understood or never read the sign that was on the door or whatever what are the repercussions that we may face in that case uh Council correct me if I'm wrong I I think that if the matter if it was denied there would be be no issues that kind of be the end of it right right but if the matter if the matter was approved and that party who missed it was an objector not a supporter and they appealed it on notice I I I think the approval would be a Jeopardy um I have to say that I don't disagree with you I I understand I mean my client has a obviously a strong interest in proceeding but I fully understand and respect your concerns and I would defer to whatever the board decides for both of these meetings well I haven't I I haven't touched on the the second meeting because I didn't think it'd be appropriate because the second meeting is not opened right so I know you represent both of them but I mean you just touched on it there's the extra added issue on the second meeting but I'm not touching on that now because it doesn't affect this meeting understood yep so I mean I F we address it one by one I didn't want of course Marco but we could be we could Marco we could be facing the same issue in the second case no no it's the same issue but there's also a second issue on the second I know but we've facing the same uh the same uh risk the same concerns is what I'm saying correct but I'm saying and more so on the second one but I don't want to mix it out to this one because we're talking about this one and and would and I don't think it's would be fair to either the second applicant who's not on or to the first applicate to have those issues addressed right now when it has nothing to do with them exactly uh commissioner Ferman you have the floor thank you uh which what's what's are the address of the application that we about to to to hear tonight the first applic the first application is 26-34 North 9th Street thank you you're welcome commissioner fman you have I mean commissioner Vega you have the floor so um we understand the concerns obviously we know the second case because we we we we know this case um that case I think there's more ejectors probably than this case I'm not too sure so uh we either make a decision to either continue uh Mrs Miss chair or or you know but my concern is what do we do with the chambers when is the chambers opens again we don't know that either so right now we don't have a date as to when right now it is indefinite however um like Marco said he put his concerns on the record and if uh um Mr mariconda is willing feed knowing what the risks are then I think that we we're going to proceed correct Marco yeah I mean unless unless the board felt strongly against it I mean obviously then they could make you know make whatever application but but yeah I mean it be Mr marconda's risk again second one's a little bit different but on this one it's it's asked to the virtual so I I I would concur in your comments Marco again but I I don't want to any way um impose my thoughts upon the board's uh decisionmaking process about this type of procedural issue so I would respect and defer to the board if if their thoughts are different than my right but your client is aware and your client is okay with proceeding uh yes I mean then it's not I mean I there's nothing more I can say so if the board is okay with moving forward um then then we can move forward but I mean if the isn't if the board still isn't comfortable other circumstances I mean then then someone have to make a motion but I mean right I that I would I would give that due deference to the board that's my thoughts uh commissioner Vega you have the floor so uh just to penalize my statements um Miss chair I guess pull a vote and we go from there uh that's my opinion Mr chair thank you so regarding uh regarding proceeding does anyone does anyone any of the Commissioners want to make a motion either way so I guess I'll make the motion to to proceed do I have a second I would second the motion commissioner baralt Madame secretary can we call uh call the role please sure commissioner barwalt yes to proceed commissioner Ferman a commission firmman you you need to unmute I can please okay now I can hear your commissioner commissioner Ferman please come back to me okay commissioner parchment Mission dep parchment can you hear me okay I'll come back to Mr commissioner I I don't think he can hear is he on okay commissioner Watkins my vote is not to proceed okay commissioner Vega yes to proceed commissioner parchment commissioner white could you come back Circle back to me please do we have commissioner parchment online cuz I can't hear him it's like he dropped off hold on um okay it looks like commissioner parchment is offline he's there okay cuz I can't see him on camera and I cannot hold on okay commissioner parchment let me see if I can reach him hold on hold on everyone let me see if I can reach commission Department commission parchment could you call call him on his line could you he said could you call him on his phone because he can't it's not working for him okay hold on the speaker phon I can see you but as if the microphone is turned off okay well I'm here hold on one minute can everyone hear him yes okay hold on let me put him on speaker okay commission parchment yes my vote is to reschedule because I believe it's extremely important for the Public's participation which is impacting their community and if they obors or supporters their voices should be heard okay hold on one minute and because this was put together in an emergency I appreciate that and understand but at the same time the public is entitled for a notification with sufficient time to adjust Court okay that's my that's just my okay so no I don't think it should proceed okay so that's a no um commissioner Ferman I mean I'm very careful when uh when our council is uh concerned about something me or honestly uh we're trying to do the best here for both sides for the Commissioners and also for the uh for the applicant so my vote is uh my vote is uh to be rescheduled I'm a little bit concerned also okay commissioner white okay so when Marco mentioned that this was a concern that was the first indication for me but um what I want to do um so when we schedule the next meeting can you hear commission dep parment I can hear I can hear her now before the sound dropped down okay okay so um when we reschedule this we may not be in Chang but at least they will have enough time to notify the applicants going forward because I have a feeling that this is going to take some time for that ceem to get repaired so this will give them ample time to send out notifications that we're going to be virtual at that point so with that I would rather reschedule this to avoid any legal issues or something because you know we don't need to be dealing with that and if that's a concern of Marcos that's a concern of mine as well so no not to continue to reschedule commissioner Vice chairman Monero um my vote is to proceed okay everyone hear me can everyone hear me now okay yes Madam all right so that is four no and three in favor yeah so the the motion is to C uh to reschedule the meeting it didn't pass it denied um Council and uh Madam chair would we get a date this evening or would we await a date uh administratively but so and we be notified whichever way the board decides so let let me say this put put aside the fact I don't know if we have a date or not that would be the M secretary's spot I think the same issue would apply if we give you a date tonight right I don't I think you still have to notify yes I think the only way that you wouldn't have to notif if we did this earlier we posted the date on on the door at City Hall right we would have to Ren notify it again we would spell out the virtual meeting if that's detail right I think we need to know where we're gonna be yes yeah you'll know well or not so um what I can say is that um since even giving you a date has to be re noticed let me see what I can look at the schedule to see if I can get some something earlier we can come in a different day depending on what's going on in the chambers sure is that okay or Mark can I can I ask question I so I don't fully understand how this CU is working with the obors so they're all just kind of sitting there or open the public portion and I guess whoever's first could talk first is that what I'm understanding um Ryan correct okay correct that is correct all right because I think we should almost open it just to see who's here for this make sure number one that they understand what's going on first and foremost right and second I think we should have an idea because if there's going to be 10 20 30 objectives it's gonna be a virtual platform it may make sense to wait to get back live Marco just a concern there are some people that don't have access to Internet that you I understand I understand you know like it's not being fair okay I understand all right I mean listen we did it we did it during Co right we did it for two years during covid but what I was going to say is what we also dur did during Co is the matters were very complex with obors because it's very difficult to to have objectors on the virtual platform and when we got closer to the end we kind of put it off right I mean that the chambers is gon to be available or potentially we could find another location uh but I'd like to know if the 10 people in Q are for this app [Music] for this application just knock them out put them back in until we go and then the ones that are here for this then they have an idea who it is I have a place you know let them know what's going on okay give me one second Mr Mar I think this probably helps you too with regard to your application you have an idea if somebody is here I'm sorry michco I didn't hear that I said I said I I assume this would help you too right if it's the next door neighbor or somebody maybe you thought with support you have a better idea too what you're dealing with because we're in Jam or July you see who's there you see who's in in the well of the of the chambers and what you're dealing with and you know maybe you're surprised but here we have you have no idea all 10 people for this or not oh we I agree that that would be that would be beneficial to everyone yeah Marco additionally uh uh there's a concern that uh if commissioner parchment is not having uh access to like let's say a shared screen oh well not I don't even know if he's here properly we hear that would be that would be six Commissioners and there's four D variances so that would also be for Mr mariconda absolutely okay look the motion's already passed quite frankly I think this is this is the best for Mr maric's applicant anyway so it takes us out takes takes away the scrutiny and doesn't put it at Jeopardy okay um Marco we do have we are able to put them through one at a time and then put them back on hold just so that we can get a count as to see who is here for what application so do you want to start that now and open up the public portion I do and we're going to tell them that it's going to be carried without a date correct correct okay that there's going to be new notice you got to tell them new notice too oh Ryan whenever you're ready we need to um the public portion okay caller um we are starting the public portion but we are not going we are not proceeding with the meeting um if you could just kindly let us know uh your name and what application you're here for my name is Julie on I am for the total application okay thank you we go to the next we'll come we're on the the first application we'll come back to you thank you okay it's a process the second caller is being put through that's okay guys I'm just as concerned of the about the second case even more than the first because you got more OB we're gonna talk about that I know caller good evening we are opening up the public portion just to ask what application you are here for if you could just state your name hello could you go over how to unmute again for them maybe absolutely they're not on they're not muted their um it has already put them into the queue okay I guess next one okay next one I guess uh Ryan will do the next caller okay good evening good evening caller yes yes uh my name is Derek Brown and I'm on for the 26-34 North 9th Street thank you so much um sir Marco and Sir this applica I don't know did you hear leading up to right now yes okay so this matter is gonna be adjourned actually go ahead I received the notice in the mail and I also went to City Hall tonight and that's where I seen that the meeting was changed to Virtual okay so the matter is going to be the Matter's going to be adjourned a new notice will be shut down it's not gonna get a date tonight yes okay what was your address sir record my address is 27 north8 street thank you sir you receive notice thank you Marco just ask them if they have their their their radio or something in the background that's next they do it ban we'll do the next caller hello this system is good evening caller we're opening up the public portion just so that we could have your name address and let us know what application you're here for good afternoon can you hear me yes we can hear you hello your name sir okay my name is Muhammad M I'm calling from 22 sh Avenue in patteron I'm calling about like 385 391 to Avenue too Avenue property uh actually was in a city hall earlier is the hly month of Ramadan and I did my best effort to get there and when I heard about like they did virtual and I met like about more than 20 people there here and they go back and a lot of people they try to log in they they're system is completely broken all right now meting real meeting thank you thank sir stop stop thank you we we we're still on the first application we will come back to you we just weren't sure if you were here for the first application we will come back okay oh okay than okay no problem Ryan will handle the well we'll take the next caller good good evening caller um can you hear us hello good afternoon yes okay thank you if you would kindly state your name your address and what application you're here for yes going to be calling for tooa AV name is Mr Mosen uh in Sheridan Avenue 22 second floor thank you sir sir we're still on the first application North nth we back to you okay sure just one I think we're not kind of considering for this uh second case is it is we're not on we're not I know sir we're not on the second case so we're not considering anything at the moment we will come back to you thank you we'll come back next caller please Mr mariconda so one second Marco um just for the public portion in case you would like to be heard if you are already in the meeting you will need to press star three in order to be added to the speaker queue right now we still have people listening in on the meeting however we have listened to everyone on the speaker queue so I'm just prompting everyone uh in giving reiter in the instructions and just making sure that everyone that would like to speak does press star three to be added to the speaker que uh Mr Varon while we're waiting for the next person just as an aside in light of the fact that you're not going to get a date tonight and um we'll have to Ren notice regardless yes in light of what you heard and light of fact of the second uh issue with the second application that we haven't even addressed that one that one objective started to address yes um prior to closing this meeting if you want to try to do something before opening the other one I would think that would it would behoove you to do it now before going into the next one what in what respect in other words other in other words in other words if we open up the next meeting and it's open and we go forward and you're in the same boat then then it's an open commence meeting well we all I'm trying to try try to uh help you I realized that I mean this meeting has not really had any substantive action taken this is still working on the ability to proceed on the first case so I do think the applicant is entitled to in the future date use his special meeting fees it's not a substantive hearing at this point it's it's an open meeting gentlemen gentlemen the caller on the line We're not gonna have that conversation now okay it's open it's an open meeting we had this conversation earlier and you know City's policy nothing to do with me Marco um we have the caller on the line good evening caller uh we're opening up the public portion uh if you could kindly state your name and address and let us know which application you're here for Maria Vasquez 43 toal Avenue I am here to support the school five okay so you're here for the next application thank you very good thank you Ryan the next caller please vir good good evening caller um we have opened up the public portion and we would if you could kindly state your name and address and let us know which application you're here to speak on apparently the call dropped oh no the call dropped Ryan are there any other uh callers in the queue nope that we are done with the public portion that those are all the callers that were on the you you indicated there were 10 before but uh I only we only heard like uh we only attempt at seven so um commissioner baral we did have we do have listeners but they are not they have to be prompted to press star three if they'd like to be added to the queue if they have not pressed star three at this time um they're only listening to the meeting okay all right thank you again I'd like to just repeat that if anyone that is in the public portion and is listening to the meeting if you would kindly press star three to be added to the speaker queue I think I think we're good with the public portion they were able to hear what was placed on the record in the whole time they had the opportunity was open so I think we're good there we got there was a few that were here for this application the the vast majority were for the next application so I mean I think we're good here um unless Mr Maran has anything to he wants to address before we close the meeting yeah uh again I I was trying to reach my client on the second case Marco I apologize but um are you asking me to make a comment about the second matter I'm ask I'm giving you an opportunity to make any comment you want I mean I I think I I think I I think I made the position clear it's not my position it's the same position for years so I give you an opportunity to make whatever comment you made want to me okay because again you got the same issue with the virtual on the second one and I mean it was addressed by the one the one uh interested party actually two of them about the fact that it's Ramadan and that there that some of the people in the neighborhood have had expressed difficulty in getting here or or engaging in before this issue even arose so you have in addition to the virtual you have the religious holiday issue so right you know the couple there I mean it's a it's yeah well I certain I I certainly believe the board could take the the action it deems appropriate based upon those two concerns without us opening the meeting well I don't think they could take an action if you want us to consider a request from you we can't make an application on on a meeting that's not open so all right so at this point let's let's close the meeting take five minutes and we open for the next meeting okay well again I don't believe it's necessary to open and assess my client cost for that if the board is determining on its own behalf that it's not going to be appropriate to proceed based upon the two concerns right but it's it's a it's a a it's a motion M Mr Maran and it's an open meeting and I don't make that determination so that would have to be something you would have to I guess address with the city okay so all right so in other words during this break if my client tells me he based upon what he's heard he wishes to adjourn this meeting would never open correct the second meeting that i' would have to defer to the chair the chairwoman and the secretary procedurally how if if if if they got an email from you if it count is the same as getting it earlier today I just know that it was right this moment that I think it's good because we're on the record we're moving forward other than that I don't that I'll defer to the chairwoman and the secretary from here I think okay all right we'll take that five minutes well let's but sorry let's just let's let's take two minutes before we close the Mee how about that two minutes before we close I'm sorry do you want me to make that call I we're GNA take two minutes you can make a call you still you still in the first meeting or no yes we're still in the first meeting we haven't started the second meeting yet okay all right so but the first meeting is is is is officially adjourned at M SEC mam secretary if he send you an email when we're on break can we close it out and we can let without coming back on and we could get a message to all the Commissioners yeah can you repeat them yeah the the concern is if we open the meeting then then it counts as a a meeting the staff has to be paid court reporter has to be paid and this has been expressed for years to applicants so I'm saying if they told us now that they didn't want to proceed if they chose not to proceed we did it now before we opened it and all that we probably not have to assess them again but if but if we close this meeting and we're on break and Mr cona calls you or emails you says you know what we don't want to go forward it I I don't know you know I don't have I don't have stop by Place one way or the other to dictate how how it works so then I'm going to refer this question to you then as our board attorney so um I understand because he has to reach the second applicant right now we're dealing with the first application my whole thing is if we go on break and he's able to reach because we have to give him time to reach the second applicant does he have to come back on record and put that it's adjourned no if he adjourned if he adjourned it this if he adjourned it this morning by way of letter we wouldn't go on record right if it was ajour by way of letter I'm just saying if I I don't if if he's able to get in touch with during the break he get in touch with everybody but the problem is everybody's not gonna hang around but are you unable to get in touch with your client is that the problem I'm sorry that's right I was speaking to him when you had me come back on record so I just let's just take AE let's just take a break let's just take a break for one minute sure sure get just give give me one second commissioner Vega you do have the floor now okay guys Marco guys I understand this let's close this first case we haven't even closed it we're talking about both two cases at the same time no no I I don't I'm not looking to talk about the second case that's the point we're not making M let's close this case yeah but we are talking about two cases yeah let's close the close listen Mr M whatever transpires transpires so let's just close it first first meeting is closed I I'll come back on with you shortly Mr Morris we're off record for a minute okay off to record thank you kindly e e e e e e e e e e e Madam Secretary okay we need to start this over so it can go on record uh Mr laa are are we on are We Are we live now we are so let's start this over no I said I I got a call from Mr mariconda he he wants to adjourn this the second meeting okay my question to you Madam Secretary was if the second applicant had the opportunity to adjourn or proceed tonight well giving the fact that if we now that we're on on record they didn't know this whole situation of the issue of the Commissioners not wanting to hear because of the notification they wanted to proceed but they did not know or any of them neither one or or the first applicant or the second applicant know what was going to be the outcome of the commissioner's um decisions had they known this prior they probably would have sent an adjournment beforehand okay with that said then Marco I think um will'll accept the the request to adjourn yeah I I think it makes most sense we we didn't open the meeting um you know and just we're just just a joury we're not giving it a new date anyway so there's really no harm no fou they'll have to Ren notice and then uh and then this way the fees aren't aren't assessed for the second meeting exactly uh Marco and the board I appreciate the consideration thank you thank you Mr maronda um joining the second meeting I believe that ends uh tonight's meeting correct yes can close well let's please address whoever is um we have people I guess on the line we have four people on Q yeah that's SP you know there may be uh hopefully we can get a place uh Madam Secretary if we can't use the chambers because uh the second application uh we we've has been in front of us a few times and there were many objectors and you know I'm not sure if they will have that opportunity hopefully and even if they do have that opportunity we'll figure that out Gary we we will we will talk it over especially with with chairman when when he returned I address that I do want to say um I I think it was mentioned that we don't they don't know how long it's going to take for the chambers and they were saying that meetings should be held on the fourth floor which I think it's going to be a little bit problematic again we don't need to talk about this now right this this this application certainly wouldn't be appropriate for the fourth floor right we don't need to talk about this now especially like the fact that we're not giving it a date okay even open I think we just we need to address the public that's on CU yeah yeah right so for the public uh for the public that's listening in on today's meeting uh we do apologize uh based on the short notice and concerns of the board we will be adjourning and rescheduling both applications on tonight's agenda uh until further notice we do not have a definite date as of yet but new notifications will go out correct Madam Secretary correct Marco so can we do we adjourn now are we done with um done meeting the meeting meeting's done I mean public the public can hear us right so I mean correct yeah okay so tonight's meeting we can end corre yes all right good night everybody um if everyone can just stay online just just shortly after we go off live Mr Morris we're off record thank you so much everyone have a good night let me know when we're off live all right good night oh we're done just