ms. peterson? commissioner peterson: no. >> ms. hwang? commissioner hwang: aye. >> thank you, the vote is 2-3. >> since that motion does not pass, call the next motion. >> and that motion was for mr. fung to elevate mr. garcia to the vice presidency. on that motion, goh goh? president goh: no. commissioner garcia: aye. commissioner peterson: aye. hwang no. >> the vote is 3-2, and mr. garcia is elevated to the vice presidency of the board of appeals. commissioner peterson: okay, congratulations. >> we move on to item three, which is commissioner comments and questions. commissioners? and item four, which is the adoption of minutes. icommissioner garcia: i had bridget commissioner fung: i had one comment. i thought we had change the way we tally the vote, when there's somebody not attending? if there is no correction, i would like to correct that threat. -- i would like to correct that threat. >> thank you for that correction. president goh: there are no further comments to adopt that correction? >> is there any public comment on the minute

president peterson: thank you. ms. morgan? >> good evening. i would just sort of get right to it here. the jurisdiction request are largely a group of emails i submitted with the jurisdiction requests that were sent as interoffice communication long prior to any knowledge on my part of what people process was, what they might be used for in the future, or anything else. i will agree that perhaps the counters were removed by somebody else. that is not the point. the real point is that the counter wall for the pharmacy, which is pictured in their exhibit e i believe in the exhibit down in the corner, shows two window cut out here. it is clearly a counter wall. this is the wall that i referred to in the email dated may 11 in may 25. prior to the actual filing of the jurisdiction request. i am sorry? commissioner hwang: can you put your exhibit on the overhead, please? >> you can see right here -- let me put it up a little bit. you can see that right here, there is a counter, like an opening, as there would be in any pharmacy where a customer woul

president peterson: >> men's short? -- ms. short? >> department of urban forestry. i would like to give you a copy of the categorical exemptions you received. i have a copy for the appellant. i did e-mail her earlier in the day, but i recognize it was late. just a little bit of background, if i may. the department was initially contacted by two people regarding the condition of the elms. iraq asked to evaluate the trees because there was concern about their condition. one had failed at the top of the block. we evaluated all the trees on the block. we identified that 14 chinese elm trees should be removed due to significant interaction with tanker, which kills the tissue of the trees. there is very poor structural form and canopy deployment as well. the tanker is still growing, but it is advanced in these trees are ready. it has been growing for a long time. two certified arborist did the initial evaluation. to address the notion, we looked at whether we thought phasing was possible. the indication that was recommended may have been a misunderstanding. we wanted to l

president peterson: is there any other public comment? seeing none, we will move into rebuttal. ms. folk, you have three minutes of rebuttal. >> i am good to make a couple of points. one is on the categorical exception. i have not received it yet. i just got it now. i continue to think it is not appropriate in a case where there is real habitat value associated with the trees. the proposal as i understand it is to remove all of them on the block. there is not going to be another tree there of that size and structure to replace it. for the canopy of the trees, there are three trees that jilian referred to that are on the southeast corner of the block. there can be is not healthy. nobody is debating -- their canopy is not healthy. nobody is debating that. but the north side -- it is lush and green. to debate that is just not accurate. regarding the timing, i would just like a couple of points on replacement trees. the one ms. short referred to that they took out -- it has been over a year and it has bought been replaced. there is one on the corner of per se and mcallister that had a p