civus
Hearing video

ZBA Hearing - December 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 2, 20206h 53m

one page uh adopted today my vote is yes with proviso yes with proviso yes proviso

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you i think excuse me um this is sharon seleta before mr mckelhatton leaves could you please

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you submitted the proviso plans form and the revised plans as part of your exhibit packet

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could you resend them to me as a separate pdf please so that i can stamp them and return them

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to you. I will. Thank you. Okay, thank you. Number 14. Yes. Calendar number 1282 823 North

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Woodstock Street. I have a Joel Ziegler whose hand is raised. I will allow him to speak right

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now, sir. And Mr. Ziegler is one of the property owners.

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Good morning, Mr. Ziegler. Please identify yourself with the record, spell your first

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and last name, and I'll swear you in.

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Joel Ziegler, J-O-E-L-Z-I-E-G-L-E-R.

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We're going to tell the truth, the whole truth, nothing but the truth.

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I do.

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Thank you. Please proceed.

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Can we share our screen?

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Please do.

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Jason, can you promote him? He's the owner.

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Understood.

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He is now promoted.

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Sir, are you an attorney?

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Mr. Ziegler, can you unmute yourself and answer the questions of the vice chair, please?

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Yes, sorry. I am the owner and an architect. I'm not a lawyer.

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So you're not a lawyer. Have you submitted the exhibit packet, including proof of ownership,

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tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in

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advance of this hearing? And have you met with the RCO and do you have a letter?

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Yes. Thank you. You may proceed.

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our project is a we would like to add a sunroom on the back of the first floor of our residence

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we were refused because we are we don't meet the open area requirement by a little bit

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the the reason we're asking for a variance is similar similar first floor you know back

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uh additions on the houses around us and across the alleyway on corinthian avenue

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are are similar or larger than what we are proposing um the uh we we uh let's see

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these are some photos from our house looking out the back um back to the alley this is corinthian

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street across the the alley uh two the two adjacent houses to the north have similar

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additions on the first floor. Several other houses on Corinthian also have similar additions on the

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back of the house. This is directly across the street from us or from across the alley from us

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and then two neighbors to the south and across the alley also have additions. This is a view from

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across the alley from Corinthian Street. This is our house. This is the proposed location of the

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the sunroom. Again, neighboring additions are similar. This is sort of the proposed addition

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for our house. We did send out a small summary of our addition plans to the neighbors. We got

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signatures from both Brinthian and Woodstock Street in support of our letter to the RCO,

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which is the Fairmount Civic Association, or non-opposal of the of the addition.

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And then, you know, we have the deed, tax clearance, all the other appeal, the refusal,

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and have posted the zoning notice in the front of the house.

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Okay, Mr. Sigler, thank you. Any questions from the board?

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any questions from the board no no no anyone else like to testify in this case if so please raise

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No

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No

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No

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your hand

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i'll answer at this time mr chair thank you planning commission

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Brian Wenrich, City Planning Commission staff. This property is indicated for single-family

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residential use on the comprehensive plan and is zoned for that use. Accordingly, we

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do not object to the granting of dimensional variances in scale with similar first floor

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additions on the block. Thank you. 001282. 823 North Woodstock Street. My vote is yes.

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my vote is yes my vote is yes my vote is yes my vote is yes okay carol we're gonna have the the

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add-ons that were for two o'clock or really uh they should have been for this morning

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uh i don't know if you have the list but i'll read it off zero zero zero zero eight nine

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three eight oh one brown street i believe we were waiting for some communication from

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councilwoman got the a's office and is there anyone here to testify on this

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if i can interject or is 15 number 15 continued north 50th street

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yes i was going to ask the same the attorney on that is michael lambert i don't have that

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okay uh well all right let's do let's do this brown street first and then we'll go to that

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one i don't have that for some reason don't have that soon mr chair um sorry jason yeah

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is this for a eight six seven north 50th street yes it is yes okay i've seen no hands go up for

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If you want to go on to the add-ons, the attorney on, or if you want to go back to North 50th Street, the 3801 Brown Street, the attorney is Michael Mattione.

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I will try to contact him.

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Again, I think Sharon wasn't, we were waiting for communication from the councilwoman's office.

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um yes i have that they were returning this morning on brown street for input from the rco

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and the councilwoman all right and then the other one number 15 i don't have that sheet carol so

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oh i'm sorry i yes i do apologize so it's zero zero one two six one eight six seven north

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50th 50th street 50th street

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The attorney's Michael Lambert.

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I think Mr. Lambert is with us right now.

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It doesn't seem as if Mr. Lambert is present.

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He's not here, so we might want to do a continuance.

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Continue before?

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Yes.

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We'll do a must be heard.

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Let's see where this is at.

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Nope.

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No, this was just July, case from July.

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Very good.

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Thank you.

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0 0 1 2 6 1 8 6 7 north 50th street is continued now we can uh well sharon's working on the brown

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street actually i just spoke with mr mattione they are still trying to schedule an rco meeting

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so that um if we could further continue that we don't have to do that put that on the record do

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we have a further continuing it um miss sunkett can we this is a follow-up hearing but yeah we

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would have to continue um and then send out posters okay so because it's nothing soon that

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i have so we have time to continue it all right thank you thank you zero zero zero zero eight

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nine three eight oh one brown street is continued

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the next one is zero zero zero

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the next one is 000303 3643 north 19th street we were waiting for communication i believe from the

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rco and the attorney in this one is leo mulvihill

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Mr. Mulvihill, Mr. Mulvihill has now been promoted to panelists, sir.

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Thank you.

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Good morning, Mr. Mulvihill.

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Please identify yourself for the record and I'll swear you in.

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Good morning, Chairman, members of the board.

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there we go

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good morning chairman members of the board leo mulvihill for the property at 3643 north 19th

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street please call your last name for this reporter please m-u-l v as in victor i h-i-l-l

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thank you swear and affirm to tell the truth the whole truth nothing but the truth

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i do please proceed good morning members of the board this is a follow-up to a hearing that we

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previously held. This was an application for a special exception for a personal care home

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in the property at 3649 North 19th Street. What I'm going to do is share my screen just

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to have the board's recollection be refreshed. One moment.

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So when we previously presented, my client, Ms. Johnson-Baron, who I believe may still be on the

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line, discussed the fact that she had been in the personal care wellness industry for 20 years.

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She and her daughter, who has a master's in social work, if I recall correctly, had sought to open

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this location a number of years ago. We originally presented this to the board, I believe, back in

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2017, and were given a three-year temporary proviso in March of that year. Unfortunately,

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due to financial issues my client was never actually able to open in the building but we're

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now getting past that and we have our funding and everything is in line so the clients

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change this view here members of the board so my client intends to open hosana personal care

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home for purpose of the record that's h-o-s-a-n-n-a which is a personal care home to provide

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assisted living facilities, specifically focusing on women with Down syndrome. The ultimate goal

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of the organization is to end the stigma of mental illness in the community and to help

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those women and this population, members of the board of my clients on, will testify. And I can

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at least assert to you that this is a traditionally preyed upon population among many personal care

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homes due to the fact that women with Downs are very trusting, loving individuals, and easy to

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take advantage of. So my client and her daughter are seeking to target this population, have no

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more than 12 people living here, to assist them in the activities of daily living, feeding,

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help with medication, helping them get along throughout the community.

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What I have up on the screen right now is the holistic style community living flyer that we

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It gave out to members of the community, and we previously provided this same flyer to you at a prior hearing back in 2017.

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The site is going to be staffed 24 hours.

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Either Ms. Johnson-Baron or her son, or pardon me, her daughter, Ms. Barrow, will be on site for most of that time.

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There's going to be a number of people who are on site as well.

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It's highly structured, and essentially we're trying to keep this population integrated into the community.

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It just so happens that Ms. Johnson Barron picked up this home several years ago and wants to renovate it.

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What I'm showing right now is the special exception referral that we received on 2-4-2020.

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This is an RSA 5 district.

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This board, with application number 714340, calendar number 28546,

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granted a temporary three-year permit for this exact same application for providing assistance

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with bathing, dressing, diet, financial management, and other things as well. So

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we never got the CO for this. We are back in front of you because we wanted to either, one,

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get an additional extension, or two, get a permanent permit to be allowed to operate.

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We did have a community meeting for this project.

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We did have a community meeting for this project. We previously had showed up for a community meeting with the 13th Ward RCO. That community meeting was canceled due to lack of attendance. Then on the 17th of November, we had a second community meeting in person, which was attended relatively well by members of the community.

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I did never receive a copy of correspondence from the RCO, although I believe it may have been submitted to this board.

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So I can't speak as to what the specifics of that communication were from the RCO.

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What I can say, however, is this.

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I was personally very disappointed in how the meeting was run.

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What happened is that the exact population that my client is hoping to help integrate into the community and become neighbors in a community, we faced a lot of fear and stigma by the members of the community.

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If I may, just for one moment, members of the board, I'm going to put up a copy of the photograph that I took of the house itself, which is a large three-story row home.

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I have floor plans that I'll be showing you as well.

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What happened at this community meeting is that the exact mission that my client is working on kind of played out in real life in that most of the comments and concerns that were about this population, vulnerable women with Downs, who are the most targeted for abuse in these circumstances, in a personal care home that's going to be run by women for women.

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The neighbors said things like, we don't want them in our neighborhood. They suggested that perhaps these people would be better put somewhere else far away out of the neighborhood. And there was a lot of ableism and otherism that rose to the surface during this meeting.

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um i was very upset with the comments that were issued but that was ultimately my understanding

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as to why this project was not supported by the community despite the fact that we'd previously

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been issued a permit for this exact same use um it's a special exception members of the board

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we're talking about a vulnerable population that my clients are trying to help integrate into a

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neighborhood. The community leaders who ran the meeting routinely referred to this as a rooming

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house or a boarding house. It is not. And I believe that that helped to poison essentially

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the ultimate community vote against us in this matter. So I'm happy to put up my plans at this

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point. I'm not sure whether my client is still on the line. But if she is, Ms. Johnson Barron,

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And if you're on the line,

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would you please raise your hand so you can be unmuted?

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Ms. Phyllis Johnson raised her hand,

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I want her to speak.

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Okay, all right, I'll wait until she gets on.

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I'm gonna pause my video while I have the screen share up.

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hello hello hi good morning ma'am please identify yourself for the record first and last name

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yes phyllis johnson baron um that's a ph i'm sorry johnson baron hyphenated

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the b-a-r-o-n b-a-r-r-e-n thank you you swear and affirm to tell the truth the whole truth

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nothing but the truth? I do. Thank you, Mr. Mulvihull. Yes. Now, Ms. Johnson-Barron,

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you've heard my testimony today with respect to this application. Yes, I did. Okay. Ms. Johnson-Barron,

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would you please elaborate for the board the nature and breadth of your expertise in this field?

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Well, I have over 15 years experience working with those with special needs,

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and this what we went through at the community meeting is something I've seen many many times

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over. Working with this special population to me is very fulfilling. I want to do this to

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to bridge the gap so people can realize that just because you have maybe a disability doesn't mean

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that you're going to bring harm to them

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or disrupt a neighborhood or anything of that sort.

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Experiences, we're working with those with special needs

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has always been a good and positive experience.

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Let me ask a question, and I don't want to interrupt.

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Let me ask you a question, and I don't want to interrupt. I'll refer to the women who would be occupying this property as clients, for a lack of a better description. How do you get them? Where do they come from? Are they folks that are recommended to you? How's that process work?

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Yes. A lot of them are referrals through different agencies.

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You start that.

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Most of them will be, like I said, referrals through the state.

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Okay, continue.

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Yes, I'm here.

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Yeah, you were breaking up in the beginning.

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Oh, I'm sorry.

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Yes, we will have referrals for our special individuals.

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And you're licensed, I assume, by the state?

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Yes, I am.

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So does the state come to your facilities to see if it meets the requirements?

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Yes, they will.

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So in addition to whether if this board will approve your application,

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there are other steps that need to be taken and approved correct by other government agency

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that is correct and were you the applicant i believe you were but

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correct me if i'm wrong you the applicant back in 2017

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yes i am okay and either did you experience any opposition back in 2017

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no we did not right and this board the board i don't know if i was here at the time but this

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board approved the application at that time correct

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that's correct chairman i think i think miss johnson barron might be experiencing a delay

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yeah well you can answer if you could too uh and that was you said it was a temporary

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Yes, it was a three-year temporary proviso that expired 3-14-2020. Chairman, you were present, if I recall correctly. Ms. Tenere was present, and I can't remember whom else was present because I recall Ms. Tenere specifically asking very pointed, detailed questions of Ms. Johnson-Baron and her daughter, Ms. Sparrow, during that hearing to ensure that my clients were qualified, well-versed,

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and able and equipped to be able to have a personal care home along these lines in a residential area.

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