You're back?
I didn't hear what you said, Mike.
Go ahead.
I'm sorry.
No, that's fine.
Sorry about that.
What are the present conditions on Chestnut Street on a typical weekend, evening?
As documented report, we witnessed vehicular loitering and congestion, also a vehicle was parked in the William Penthouse space used for emergency and other spaces for prolonged periods.
There is also a bar located in the block with a line from the front door directed down towards William Penthouse.
That's what we noted on our site inspections.
And what impact will Bankwall have on these conditions?
detrimental long-lasting effects um if this was quote-unquote a restaurant closing at 10 p.m
or thereabouts then the impact would probably be a lot less but banking is not just a restaurant
but an entertainment space with marketing and curated online gaming closing at potentially
at 2 a.m it's really apples and oranges and um there's no dedicated parking for bankroll correct
that's correct will this cause problems for the community yeah as we document the report
vehicular traffic has been demonstrated to increase 30 percent since we're just people
looking for parking uh this number is exacerbating what calls detrimental impact to the community
with the use of rideshare services dropping waiting and picking up objections the topic
of traffic engineering please especially during the operation the congestion and noise will
definitely increase with the additional constant flow of people going to and work at banquet and
remember it's it's 490 plus so you have 490 patrons actually that's not accurate you testified
to 400 plus 400 plus the memorandum of agreement says the patron shall never exceed 490 at any one
time correct that's patient testimony did a contrary yesterday that's specifically in the
memorandum agreement hours and capacity. Well, you're not a part of it, but we
testified differently yesterday. But it's part of your exhibit.
Sure, the idling and blocking areas.
Let me move on.
In your experience, will this type of restaurant or operation
cause increased risk of crime or criminal activity greater than a typical cornered seat
restaurant. Yes. Mr. Miadioni, I think you already testified to that. Okay. Let me just ask you this
then. Given your review and examination of the presentation by bankroll of its security provisions
reflected in its report, evidence presented to the board, do you have an opinion as a security
and risk professional of whether bankroll has properly and adequately identified the security
risks related to its proposed use and whether it is properly and adequately designed and planned
for managing the risk?
And are your opinions today
And are your opinions today expressed upon a reasonable degree of professional certainty?
expected?
Yes, they are.
I have no further questions for Mr. Vanderslice.
Thank you, Michael.
I have a few.
Hi, Mr. Vanderslice.
How are you?
Good morning.
Good afternoon.
Yeah, good afternoon.
So your background that you were talking about, it sounded like you worked at a regatta, the casino.
That's correct.
In Atlantic City?
That is correct.
And you mentioned you did risk studies for some restaurants, including Wolfgang Polk and Shulson restaurants.
Were they the restaurants in the Borgata?
Yes, they were.
Did you conduct any such studies in restaurants in Philadelphia?
Well, I personally haven't, but Russ Collins has.
And he was part of this process.
So in your report, page three to four talks about the experience with mass shootings and active shooters.
and then you know you turn to page 11 and it says you have all these facts for aggressions of bars
violence in bars and and that um the restaurants coupled with bar entertainment increases the
probability that glass door will be used as a weapon escalating fights and assaults i mean why
why do you use those statements in connection with with this restaurant because it's true and
accurate has been proven true and accurate yeah it's true and accurate and do you have any basis
for that for for restaurants in philadelphia that you didn't look at well personally when
when we looked at um glassware inside the brigada we we made that assessment yeah but that's a casino
isn't it it is a casino amongst other things it's hospitality driven you have retail space
the station is it's casino that's really what you're you're viewing it well
it's not it's it's a resort it's a hotel casino resort that's ways later right and we're talking
about a restaurant. So I hear all your discussions and your criticism, let's say, but I didn't
hear any suggestions other than to do we should do a better report is that accurate
or do you have another opinion on that well there was no there was no basis there was no
assessment done it was just a a blanket statement we're going to add cameras uh there was no attempt
to analyze the risk so yeah that should have been done at this point to identify not only
threats to banquets but also to surround the community okay i have no further questions uh
just to remind the board about mr gross yeah could you could you bring mr are you done michael
that's what i'm doing all right could you put mr gross back on please
and can we hold him to five to ten minutes the gross has been allowed to speak again sir
thank you gross could you state your name again and spell for the court reporter richard gross
r-i-c-h-a-r-d-g-r-o-s-s right do you swear a firm to tell the truth the whole truth and
nothing but the truth i do sir thank you i will be very brief sir um i listened with uh great
interest to the um statement of council president clark yesterday uh as you may know and as i think
he referred to he and i communicated regularly about the process and the creation of the memorandum
of agreement. We reviewed the provisions together that deal with an absolute obligation of bankroll
to protect hours, scope of activity, congestion, noise, and safety. I would remind the board that
the agreement makes it an absolute obligation, not a best efforts obligation, for the bankroll
proprietors to ensure the safety of the neighborhood on all those issues and more
one issue that council president clark and he council president clark was very enthusiastic
about that and said so yesterday he was concerned as i heard his testimony about enforcement
and my reason for talking to you again is twofold the agreement has very extensive enforcement
provisions paragraphs five through eight mandate that bankroll honor its commitments
that they will be subject to an injunction if they don't that
that they will be subject to an injunction if they don't, that any party who is a party to
the agreement, which would include CCRA, is able to bring an action without a bond to enforce
compliance. And I have told the members of CCRA, and I've told William Penhouse, that CCRA intends
to enforce this agreement as it is written and to the full extent. But to give the board further
comfort i have also following council president clark's testimony i have arranged the agreement
of bankroll to agree to a compliance report proviso and that would provide that a year
objection objection whatever he had in a private conversation with the council president is not on
the record and it is hearsay this is not a private conversation this is with bankroll and their
additional agreement sir it's still a hearsay objection because they're not testifying
he is well well mr gross proceed thank you sir bankroll has agreed to provide
a year from the opening date a full compliance report with its with the terms of the memorandum
of agreement reviewed and agreed to by the parties and make that filed with the lni department and
with the ZBA so that the concerns of Council President Clark, as ours, that this agreement
be enforced will be a matter of record. And they have told me they would agree to that as a proviso
and CCRA accepts that as a response to the concern about enforcement. I think every issue that's been
testified to today, hours, scope, congestion, noise, safety, and all of those. He's not qualified
the way he's not qualified the way the the uh the uh
Mr. Mattione I understand what you're saying Mr. Gross could you finish up please I'm done I'm
done sir thank you Mr. Chairman I have spoken to Mr. Patterson prior to this and we had suggested
that we submit written closing arguments uh by say maybe this Friday and have the board vote this
next week i think around that's what we said in a little time uh we would discuss you know
if you wanted closing arguments yeah to put them in in writing um so but of course it's up to the
board that's fine it can be done by friday 5 p.m turn him in yeah that's fine um michael i i have
apologize but i was going to object to your memorandum of law that you submitted because
it was written before we finished the hearing so if you want to you know revise that your
submission i'm okay with that sure all right thank you all right mr chairman what day what
day next week will we vote this case i just want to make sure wednesday okay i want to make sure
everybody will be here. That's the 26th, if I learned correct. Yes. 930. 930. We'll look for 930.
Well, I'll check with Tanya with that. Well, thank you for your accommodations here with
and thank both thank both you for we do appreciate it and thank you
do we uh rebecca do we want to get the planning commission
i think they should comment after we put in our closings and have an opportunity to review them
okay that's fine thank you all right everybody thank you very much thank you thank you
can you uh just make the announcement chair uh the announcement is that by friday at five o'clock
they will have their closing arguments done next wednesday we'll take this up an executive
session and then vote in public at 9 30. yes you're hearing from the planning commission yes
great and just to make sure that we have um nobody is in attendance waiting
yeah is there is there anybody in the audience still waiting for a case
no hand sir okay i think we're done thank you everybody thank you thank you
recording has begun okay thank you
and you may start chair thank you good afternoon my name is bill bergman and i will be chairing
the zba hearings this afternoon with me is carolton airy our vice chair president
ismael shaheed our board secretary yeah thomas holloman a board member
president james snell our board member
Present. Also present is Tanya Sunkett, our board administrator, and Rebecca Cull, our attorney.
Before we begin, let me go over the virtual format. Be advised the proceedings are being
recorded. By participating, you acknowledge your agreement to be recorded. A video will be
available by contacting the Board Administrator, TanyaSunkett at phil.gov. Two, for the benefit of
our court stenographer, we ask attorneys and witnesses to identify themselves before they
testify. Three, if you are participating by phone and if you wish to testify, press star nine to
raise your hand and star six to unmute. To enter an appearance statement, call 267-270-5548.
Leave your email and the address of the prompting question. And lastly, the question answer box
that you see on the screen, that's not for comments. Any comments should be directed to
Tanya Sunkett, our board administrator. And we're going to start with continuances that we have for
this afternoon. Number three and number four. MI number three, MI 2021-004011-223 East Springer
and MI 2021-004012-225 East Springer. These both were contingenters. Is there anybody in the
audience objects to those continuances or has a comment I see no answer Mr. Chair all right
both are continued are there any other continuances in the audience
sir Ms. Allison Weiss has her hand raised I will allow her to speak at this time yes thank you
Ms. Weiss, state your name and spell for the court reporter, please.
Allison, A-double-L-I-S-O-N, Weiss, W-E-I-S-S.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
What case are you talking about, ma'am?
um 322 West Coulter Street MI 20 21 00 okay um I I thought that was going to be a continuance
because we had a community meeting but it didn't work out because there was a
problem with the um zoom information is Mr. Bernard's student student online
i'm not sure we weren't the convening rco the 12th ward democratic was
okay ted stones is there anybody else on this case online
mr studovan please raise your hand so you can i'm sorry can you hear me now can you hear me
Mr. Studeman, do me a favor, state your name and spell for the court reporter.
Bernard Studeman, S-T-U-D-E-V-A-N.
All right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Are you ready to go today for your case?
No, I am not.
All right.
We're going to continue that case.
Thank you very much.
Any other cases?
sir miss uh dorothy brown has her hand raised i will now speak at this time sure
hello hi could you state your name and spell for the court reporter yes dorothy brown d-o-r-o-t-h-y
brown b-r-o-w-n and is this for the 3500 block of grad street wait a minute no um this is for
brown b-r-o-w-n and is this for the 30
Thank you.
if you have a continuance for a case i'm sorry okay thank you thank you ma'am
any other anyone else
mr chair melita ford has her hand raised i will allow her to speak at this time
Miss Ford could you state your name and spell for the court reporter
yes my name is Melita Ford M-A-L-I-T-A F-O-R-D right do you swear for him to tell the truth
the whole truth nothing but the truth yes sir what case do you want to talk about um 1119
north 63rd street 119
what are you you want to continue with ma'am um well it's it was already a continuance i think we
had a um appointment in october and we just had some difficulties with the computer
okay well i didn't call the case yet is what i'm saying oh okay okay okay i'm gonna call that in
couple of minutes. Okay. We're just looking for continuances now. Okay. All right. No,
no other continuances. Okay. Case, case number one, MI 2021, 002610, 1117 to 19 North 63rd Street,
Angelina Geiger listed for pro se.
Edgar, if you're available in the audience, please raise your virtual hand so that you may be sworn in.
It looks like Miss Melita Ford is raising her hand again.
Jason, could you allow her to speak for a minute, please?