civus
Hearing video

ZBA Hearing - June 30, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 30, 20217h 12m

proposed use? Sure. So over to the right there, that is the actual room where the residents would

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be staying. There's 20 bunk beds, which would accommodate 40 persons. They are strategically

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marked at six foot apart. So that way that it does provide ample space for people to be able

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to get around, but also to decrease any potential for, you know, spread of the virus and things of

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that nature. As we progress, I'm sure things will be more sufficient when it comes to the virus

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itself. However, it does provide six feet of space in between each bed. Over to the, as we go out of

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the door over here, we have an open area and there is a storage room, which actually used to be the

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old bolt to the bank. And then there is a shower bathroom area there. And then going through that

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door, there is a laundry room there. And then out the, there's a door that's there off the laundry

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room that goes up the steps and goes out the back towards Mount Vernon Street. And then there's a

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utility room, which people don't go in, of course, it's the boiler room where you have the heater

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and the hot water heater and things of that nature.

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If we come back to the room itself,

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over here where the cursor is,

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there is a window there.

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It was an old window that was already there

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with an existing window well.

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It was covered up with a plywood

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and two pieces of plywood with some cement in between.

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We had a window person replace the window.

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and then also cleared out any debris that was in the window well, and then, you know, replaced the grate.

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There was an old grate that was below the cement that we pulled out and then replaced the grate with a smaller one,

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but that was within, you know, the requirements of the 36 inches wide.

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Excuse me. Excuse me, Pastor.

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Yes.

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What percentage of the building is in the ground?

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so um when you have the lower lower level um there is about maybe about about two feet that

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is above the ground and then the uh rest is uh below the ground i think the total height of that

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room is about um at nine feet in some places they have columns that go down so some places

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is eight feet some places is nine feet a bit um it seems to me that the original building was a bank

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and the bank building is usually a secured building which means that it's difficult to

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get in and to get out well actually let me uh if you don't mind the reuse may not be the best

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i'm sorry i didn't i didn't hear the last part of your question i apologize

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The reuse, the occupancy reuse may not be the best for that particular building.

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So if I can answer there, we actually did already get approved for occupancy previously for actually a capacity of 100 people below here, but we never used it because there was really couldn't come up with the use for it.

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However, there is actually four ways of exit, and if I can just re-point those out to you real quickly.

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There's the window well that we mentioned here that we've, you know, installed the ladder, and that with a grate that does open.

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It's actually hard aluminum, so it's very light, so people can easily open it and get out.

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Over to the right of that, there's a stairwell that actually goes upstairs to the front door,

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and there's also a window in that stairwell that people can you know go through as well

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so you have that there for the emergency as well and then there's a second stairwell over to

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the left there which they can go upstairs and either they can go out the back door on the

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first floor they can go out the front door on the first floor and then we have our fourth exit there

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where's the exit where that goes out to Vernon Street if it's possible one of my representatives

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is actually at the facility right now.

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And she is prepared on camera

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to be able to do just a virtual tour real quick.

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So you can actually see the setup of the room

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um the uh setup of the room and also um the exits and all of that if it pleases uh the

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and also the exits and all of that.

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If they please just.

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board i would love to be able to do that it's important to mr chairman i would object to that

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mr chairman i mean uh uh that's the hard to authenticate it's the well what's up to the

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board. I mean, okay. No, my objection. I'm not sure that that's something that you know.

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Do you want us to continue or do you want us to reach out to the person for the visual tour?

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Mr. Chairman, please proceed. You say you're calling somebody to work?

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You are there. There's a what my assistant there is at the building now. She's actually

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ready waiting her name is Claire Hoppin

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she's actually on now

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and we can have her raise her

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hand and you can grab her and

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she can take a give you a quick virtual

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tour. I don't think we

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I don't think we need that

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does the board want to see it or

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well I think I can understand a

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bank building being

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an architect myself. I think

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we okay with it thank you. I'm okay

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thanks

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anything else

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counsel

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Yes. Do you believe that this use is appropriate for this area of the building?

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Absolutely, because it provides, there's plenty of ventilation, there's plenty of light.

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I'm going to object. He's not an expert. It looks like he's giving architectural testimony.

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So noted.

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it yeah okay um as far as the uh use it keeps them separated from uh the main worship hall and

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allows them to have uh you know a reasonable amount of privacy but also allows us to be able

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to provide uh the group instruction um we can also um make sure that we provide effective case

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management and really get people moving ahead so it is the best place for it it's really hard to

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put beds up in the worship area um the worship area um you know it has uh in the music equipment

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and those kinds of things and then also the uh uh we have dining uh during the week when we can get

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back ever we get back into the building um and then uh in addition the upstairs is offices so

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it is the only place um where uh we could effectively carry out um what the purpose of

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our mission is um will the variance if granted adversity impact the public health safety or

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general welfare um absolutely objection same objection so noted you know the i'm not sure

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what the objection is but i am an expert in homelessness i've been providing services more

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than 25 years if the objection is to giving zoning and planning testimony as from a non-planner

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do you believe sir in your experience in providing services to the community

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right that the uh this would be a benefit to the community uh absolutely so uh as i mentioned

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earlier the amount of homeless people that are in the west philadelphia community now we're serving

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about 120 but as we continue to see uh the decrease of unemployment the elimination of

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moratoriums on evictions we're going to see a growth in folks that are going to in need of

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these services so what happens is that if we have 120 people that are currently coming in to have a

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meal. We release those folks out to the street after the meal. The reality is now is that we

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would actually be able to keep 40 of them inside in a control program to be able to move them

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towards self-sufficiency, but also close the back door, you know, open the back door up for

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homelessness where they can actually get out of it. There's plenty of people coming into

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homelessness, but not a lot of back doors for them to get out. The other thing is that if we

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are approved we will be the one of the only um male uh facilities in the west philadelphia

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community there is a few services that are already being provided for women and children

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um but there has been a true neglect for uh the homeless men in the community and that's

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why we're seeing growth so this is going to provide a tremendous relief to the community

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and also uh give them an opportunity to get off the streets excuse me just one more question on

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basement is that basement currently sprinkled it is not a sprinkles there is fire uh fire alarms um

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in the basement right now um but no but no sprinkler there's no sprinkler service thank you

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and uh one of the variances was also for uh parking um is the the type of uh guests that's

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coming here typically going to be driving to a homeless shelter no they're they're homeless people

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they're pretty much folks that are living on the street so they would have no need for parking

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so would not increase in the need for parking in the community

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And we addressed the letters of support.

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and we uh we address the uh letters

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Did you want to address the response to the letters in opposition while you're testifying

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of what the change from the RCOs sent to the recent letters, Palton and the...

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Absolutely.

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So in the last RCO meeting with the People's Emergency Center, who was the coordinating

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RCO. We re-explained what the project was and went over everything in detail. There were a few people

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that raised a question that it should have been a that we presented as a six-month program

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and not a year-round program and the six months language came from where we presented that

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we intended that people that were in the program would be able to transition

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in a six-month period so it would be like a rotating um a door where as people come in

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we get them better we get them into our programs get them into their own place and then more people

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would come in they were under the oppression uh that it was um only supposed to be a six-month

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seasonal program which was not the case um however um and we had agreed to um a provisio i believe

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it's called provisor where we would agree to make it a seasonal if that's what the community would

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be acceptable to but that was the change with a few of the RCOs we also they also were concerned

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about a plan and we have presented this plan now at four different RCO meetings before the

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zoning board previously what the plan was what the intake process was how we intended to proceed

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forth. And we even mentioned about air conditioning. And so I know that it was not just a six-month

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program because, you know, we mentioned that our intention was to make sure that we put air

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conditioning before the summer season came about. But we did respond to all the concerns. There was

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also concern about safety. And, you know, we assured the community the steps that we take as

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far as the intake process. But also, I think one of the challenges is that there is a tremendous

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amount of fear and stigmatism when it comes to homelessness. And it often points to the idea is

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that all homeless people are criminals, they're violent, they're drug addicts. And it's the same

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kind of stigmatism that we put on Muslims, same stigmatism that we put on people with

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alternative sexual lifestyles, same positions that we put on people of color. These are the

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same stigmatism that we put on people in general anytime people don't look like us or have what we

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have. Just because people are poor does not make them violent. Just because people are down on

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their luck doesn't mean that they're going to be a problem to society. I know rich people that are

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problems to society. So it doesn't based upon what your status is. It's based upon the individual.

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But we are working to make sure that people who want a leg up and want to make sure that they can

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get out of their circumstance, we can provide them with that avenue and that transition.

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You mentioned the proviso. Are you willing to limit the services from a seasonal basis from

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October through April? Absolutely. I mean, our goal is to work with the community. And we've

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been in the community now, actually, since 2008, we actually started at the Mill Creek Baptist Church.

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And then in 2010, we purchased a building in West Philadelphia, finally opened it in 2015.

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but we've been in the West Philadelphia community since 2008 and we've been a positive force of the

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community. This year during even during the pandemic we distributed over 112,000 boxes of

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food to people that were dealing with food insufficiency so we have worked with the community

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constantly and did our best to make sure that we remain the positive impact and not a negative.

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you're aware that Mr. DeMarco had submitted a letter June 24th raising objections to the PEC

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letter of support are you are you aware of that yes I am can you address what what happened at

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that meeting were you present at that meeting I was present at that you presented that meeting

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I did and what what happened at that meeting regarding the voting well there's two things

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One is that the PEC actually is the coordinating RCO.

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They called the meeting.

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They presented on Zoom.

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We did make it available where people could come into our building that did not have Zoom

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or did not have the technology to be able to access the meeting where they could come

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in and participate as well.

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And they were residents of the community.

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The vote was carried out on the Zoom.

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And the people that were present in the building, they actually filled out a voting slip and

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they signed it, include their address, and submitted that over.

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and we submitted that over to PEC and scanned it um and so those people there were 23 people that

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were present um in the room so um you know and uh and I know that

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into the other room. So, you know, and I know that Mr. DeMarco has decided to laugh at that

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point, but I think the challenge often is that people that are voting that are poor and of color

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often are denied their vote and their participation in the process because of their status. However,

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these people have the right and the ability to vote if they live in the community. And so that's

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number one. The number two is that the other issue was that PEC's bias, and the reality is

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that PEC does provide services to those that are needed in the community, but actually that would

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not make them a bias. What that would make them as an expert to really evaluate the program to

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determine if it's effective. However, one of the things that I was very proud of PEC, they actually

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abstained from voting, which they could have voted with no problem, but they actually abstained from

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voting to make sure that there was no concern or bias. And they conducted meeting in a very

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professional manner and allowed everyone to speak and allowed everyone to stress their concerns.

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There was also a concern raised about not identifying the operator of the screening

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company at the time of the RCO meeting. And you've already testified to that, but I just

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want to reiterate, you're unable to contract with someone until you have the actual use

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approved that that is correct um so it's you can't request for a contract and you don't have a place

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or um the use permit to be able to um carry out what you're trying to do you can't just kind of

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put in the cart before the horse um you can't have a sign a contract for something that does not

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exist as of yet um first we have to get the zoning um then we also have to go through license and

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inspections um there's a lot of steps to get through to be able to get this done um at this

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point in junction we're trying to get permission for the use. With that I have no further questions

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from Mr. Jenkins. May I cross-examine Mr. Chairman? Yes you may. Thank you. Let me start with the last

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bit of testimony. Am I to understand, Mr. Jenkins, that you had 23 people in your building that were

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allowed to cast a vote in the Zoom meeting on behalf of the application? That is correct.

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All right. So you brought people to your building. They were in your building, in the room where you

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were present, and they casted votes in favor of this project? When you're saying that I brought

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them um i provided flyers out to the community um just as i provided a flyer on the door of your

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clients um that provided the information where they could either attend in person or they could

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come on zoom um and uh the entire community was informed and also we just sent out 134 letters

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or 35 letters to the community informing them of the meeting so anyone was welcome to come it was

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not a closed door. Anybody was welcome to come in and be able to participate in the meeting. These

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were residents in the community that have decided to come and cast their vote. Well, Mr. Jenkins,

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how did the RCO know whether they were residents or not, if they were in your building, under your

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control? They actually provided their address and phone number, and so the RCO could have, if they

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