Committee on Financial Hardship — Oct 7, 1999

REPORT OF THE COMMITTEE ON FINANCIAL HARDSHIP OF THE PHILADELPHIA HISTORICAL COMMISSION Wayne S. Spilove, Chair Room 18-002, One Parkway, 1515 Arch Street 7 October 1999 Present Wayne S. Spilove, Chair Ernest Leonardo, Philadelphia City Planning Commission Robert Thomas Scott Wilds, Assistant Director for Housing, Office of Housing and Community Development Elizabeth Harvey, Historic Preservation Planner R. Scott Jacob, Executive Secretary Laura Spina, Historic Preservation Planner Richard Tyler, Historic Preservation Officer Mark Zecca, Esq., Senior Attorney, Law City of Philadelphia Law Department Also Richard Sprague, Esq., Sprague & Sprague Geoffrey Johnson, Esq., Sprague & Sprague Geoffrey Jarvis, Esq., Sprague & Sprague William Thompson, Esq., Chief Deputy City Solicitor Jack Panitch, Esq., Deputy City Solicitor William Brown, Esq., Schnader Harrison Segal & Lewis, LLP Deena Schneider, Esq., Schnader Harrison Segal & Lewis, LLP Arlie Sulke, Lillian Nassua Ltd. Thomas Nickels, Coalition for Philadelphia Art Pearl Carpel Aliki Strakes, Preservation Alliance for Greater Philadelphia Patricia Wilson Aden, Preservation Alliance for Greater Philadelphia Janet Mason, Coalition for Philadelphia Art for Greater Philadelphia Lawrence Wood, Jr., Esq., Preservation Alliance Penny Bach, Fairmount Park Art Association (FPAA) Laura Griffith, FPAA Sharon Erwin, Esq. Carol Sivin Sandy Ullman Jane Istvan Helen Ferris Stephan Salisbury, Philadelphia Inquirer Mr. Spilove recognized a quorum and called the meeting of the Committee on Financial Hardship to order at 10:00 A.M. Dream Garden Mosaic Mural, Curtis Building Lobby,170 South Independence Mall West Estate of John W. Merriam, Applicant DATE: 1914-1916 PROPOSAL: Removal Attorneys for the applicant were present. 2 Ms. Harvey and Ms. Spina gave a staff analysis of the Estate's hardship application. They reviewed the history of the designation of the Dream Garden mosaic mural, and of the application for its removal from the lobby of the Curtis Building. They described what the Commission requires for a Financial Hardship application, and what the applicant has submitted. Ms. Spina stated that the staff has concluded that the application is premature, and the Estate did not meet its burden to prove the claim of financial hardship. Ms. Spina and Ms. Harvey spoke regarding possible income producing mechanisms instead of the removal and sale of the mural. On these grounds, Ms. Harvey and Ms. Spina recommended denial of the hardship petition and permit application on the basis of financial hardship. The staff also introduced Arlie Sulka. Ms. Sulka was retained as a consultant to the Commission and testified as an appraiser. Her written

sale of the mural. On these grounds, Ms. Harvey and Ms. Spina recommended denial of the hardship petition and permit application on the basis of financial hardship. The staff also introduced Arlie Sulka. Ms. Sulka was retained as a consultant to the Commission and testified as an appraiser. Her written statement, resume and a transcript of her remarks are attached. Richard Sprague, counsel for the applicant, questioned Ms. Sulka regarding her statement. Patricia Wilson Aden of the Preservation Alliance for Greater Philadelphia spoke on behalf of the Alliance, as well as Preservation Pennsylvania, the Pennsylvania Historical and Museum Commission and the National Trust for Historic Preservation in opposition to the Estate's financial hardship application. Her written statement is attached. Penny Bach of the Fairmount Park Art Association also spoke in opposition to this financial hardship application. Her written statement is attached. Thom Nickels of the Coalition for Philadelphia Art also apposed the application. Mr. Wilds moved that the applicant has not demonstrated that a financial hardship exists pursuant to the requirements in the ordinance. Mr. Leonardo seconded the motion which carried with three votes. Mr. Spilove abstained. The Committee announced that the Historical Commission will meet 21 October 1999, at 9:30 a.m., regarding this application. Respectfully submitted, R. Scott Jacob Executive Secretary