If they supersede our Zoning Code, it's not going to make a difference what we've zoned the particular property. If the state comes in and supersedes the zoning, there's not much that we can do about it. 52 5/23/06 - RULES - BILL 060205, ETC. On the other hand, it's currently zoned G-2 and being proposed to go to C-3. Subsequently, if the state doesn't pick this site in the future, we're looking at it and saying the future of this site is not one that's necessarily going to be developed as a G-2 General Industrial site but rather has more potential as a C-3 site, as has been requested by the property owner, and we had no objection to that change, and that's the context in which we've looked at the bill. We understand that it's the 800-pound gorilla in the corner that we really haven't talked about, because the casino isn't a permitted use under the Zoning Code under any classification in the Code, with the exception of the Commercial Entertainment District. But that's not on the table, because that has not been approved by the state in terms of giving a license, and that sort of seems to be the first step 53 5/23/06 - RULES - BILL 060205, ETC. in order to be able to locate it and then subsequently map those particular sites to the classification that we have put into the Code to establish the guidelines and procedures for that type of a development.
What's the status of the proposed state preemption legislation?
I have no idea. If I could, it was passed by the House, but it's been sitting ever since. COUNCILMAN DiCICCO: Passed by the House, sitting in the Senate.
Also, just to give you a little perspective on the site, if you look at the pictures, where all the buildings are there's two and a half million square feet on the site right now. None of those are the area where they're proposing to put a casino. The casino is across the street on the area where there are no buildings. So the rezoning is significant 54 5/23/06 - RULES - BILL 060205, ETC. because there are lots of uses we're talking to continually on this site. Out of the total 77 acres, 60 acres are not impacted at all by the casino, and we continue to work on leasing them, finding users and bringing them in, 30 of which are spoken for, 30 of which continue to be marketed. So there's a lot of uses, and we'll continue to move and we'll continue to try to create and get done here. The acres is sort of across the street and 14 it's clear, and that's why the zoning is 15 so important. 16
Thank you. The Chair recognizes Councilman Nutter. Oh, I'm sorry. COUNCILMAN DiCICCO: It's okay.
I'll let 55 5/23/06 - RULES - BILL 060205, ETC. the Committee members. COUNCILMAN DiCICCO: Being short, you know. Thank you, Madam Chair.
You're welcome. COUNCILMAN DiCICCO: Could someone just acclimate me with where the proposed casino facility would be?
If you look at the site, you see it here. That's the 13 acres. The casino is here on this 17 14 acres. Temple University's headquarters 15 is over on this site here. The Salvation 16 Army would be located up in here. And 17 then the remaining site that's available for other uses is this building, which is just under a million feet, and this whole center part of the campus, which is about another million feet. Fresenius is in this building right here, this little brick building. COUNCILMAN DiCICCO: Thank you. I think this is a great project from what 56 5/23/06 - RULES - BILL 060205, ETC. I can see, but I was just curious as in the project scheme or plan is there any consideration anticipating the possibility that the casino may be granted a license on the Budd site, and how would that impact on traffic patterns and parking?
There's been a significant traffic study done on the area. And really our main access here is, you're at Route 1 and the Schuylkill Expressway that comes across. Mainly they exit off at Wissahickon Avenue, which comes right down here across our site. It actually gets off at Fox Street. You continue up currently and you turn right on Wissahickon Avenue. It's a one-way turn. So that intersection right now is a tough intersection for the current uses. What the casino would do is create a fly-over and come down Roberts Avenue, which you can't see on here, but it cuts right through the middle of our 57 5/23/06 - RULES - BILL 060205, ETC. site and would bring you right into the entrance to the casino. So you'd get off the Boulevard up here, there would be a fly-over, you'd come right down here on Stokely and Roberts and enter here. That would also clean up the access for Temple and the other users that are here, because it's quite a big investment that they would make for that. That would keep the traffic directly off the Boulevard right into the site. COUNCILMAN DiCICCO: Thank you. No further questions. Thank you.
Thank you, Madam Chair. Madam Chair, members of the Committee, I just wanted to put on the record a couple items. One, this 58 5/23/06 - RULES - BILL 060205, ETC. proposed rezoning has been a collaborative effort between Councilwoman Miller and myself, as well as an extensive community process. Originally the proposal for this site was C-5 Commercial. The community groups, in an ongoing process back and forth with the owner and other conversations, finally agreed to C-3. I'd like to put forward, Madam Chair and members of the Committee, letters of support from both the East Falls Community Council on one side of the site and Tioga United on the other side of the site. There is complete community support for this proposed rezoning, and I appreciate the issues that have been raised by Committee members regarding another proposed development. Of course, this rezoning will have no impact, positive or negative, on that particular proposal. We'll wait and see what the Commonwealth of Pennsylvania does. 59 5/23/06 - RULES - BILL 060205, ETC. But it is an exciting opportunity to take a 75-acre site, which you won't find many 75-acre sites in the City, the development that's already been proposed, especially with the Salvation Army having received a national grant from the Kroc Foundation to put a new facility at this location, it will transform the community, notwithstanding some of the other proposals that may be out there. It's an exciting opportunity for a series of neighborhoods that are affected by a 75-acre site, and I'd appreciate the support of my colleagues for this particular bill. Thank you, Madam Chair.
You're welcome. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I just have one question with respect to the Salvation Army operation. 60 5/23/06 - RULES - BILL 060205, ETC. Will it in any way impact -- I'll wait until the gentleman comes up. Good morning. COMMISSIONER WATSON: Good morning.
My question is, will it have any impact on any of the additional Salvation Army sites? I have one on North Broad Street. Will there be a consolidation of services at this location; therefore, causing some of the other facilities to close, or will it be in addition to the current operations? COMMISSIONER WATSON: We expect that this operation --
State your name for the record. COMMISSIONER WATSON: I'm sorry. I'm Commissioner Robert Watson. I'm the Chairman of the Kroc project planning team, this particular project, which we envision putting on the 12.4-acre site at 4200 Wissahickon Avenue. 61 5/23/06 - RULES - BILL 060205, ETC. And thank you, by the way, Madam Chairperson and members of Council, Councilman Nutter, for introducing this proposal. We have just completed an extensive program study for all Salvation Army operations in the City of Philadelphia. This includes ten neighborhood-based core community centers of the type that we envision putting on Wissahickon Avenue, only that will be a much larger and, of course, much more up-to-date facility. In addition, we have ten other institutional-type services in the City of Philadelphia for homeless people, transitional housing and all of the basic services, crisis intervention services, which the Salvation Army has conducted traditionally in the City of Philadelphia. We have tried to be very careful in all of our planning to make sure that this vision will enhance 62 5/23/06 - RULES - BILL 060205, ETC. existing operations. So you ask a very incisive question. Thank you for raising it. There may be some relocation, some amalgamation in a limited way, but the sum total will be that we will serve more people with more depth and quality and will greatly enhance our service delivery system.
Let me ask you a little more detailed question. Will the site on North Broad Street at Broad and Fairmount be relocated? COMMISSIONER WATSON: No. No. 15 The site at Broad and Fairmount is for our divisional headquarters for the eastern half of the State of Pennsylvania and Delaware and also some basic services on that one square block complex, including the Red Shield residents. We don't envision the relocation of those operations.
Okay. Thank you. Thank you, Madam President. 63 5/23/06 - RULES - BILL 060205, ETC.
You're welcome. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I just wanted to state for the record that I agree with Councilman Nutter's assessment of this project. I was involved early on before this site was chosen in looking for sites around the City, and I don't think people recognize or realize yet the significant opportunities in this development, in this project. It's going to be one of the most significant and influential developments that the City has ever seen. The center in San Diego is phenomenal. I mean, all the things that we've seen and researched about, it's just had such a positive impact, and the opportunities and the future there in that neighborhood because of their investment, the Kroc Foundation's 64 5/23/06 - RULES - BILL 060205, ETC. generosity and the Salvation Army's desire to stay in Philadelphia, I just want to thank them personally. It's just an amazing opportunity to rebuild the neighborhood, and this is going to be one of the main cornerstones of it. So thanks for your faith in Philadelphia and your continued mission. COMMISSIONER WATSON: Thank you, Councilman. If I may respond to that, Madam Chairperson, and to thank Councilman Kenney for his efforts, as we have done a total sweep of all potential sites in the City of Philadelphia over a period of 17 months and we kept coming back to the 18 site on Wissahickon Avenue for a number of reasons, not the least of which the main arteries of transportation, access, public transportation, the demographics of the area, the size of the site. The 12 acres was exactly the range that we were looking for. We've done extensive focus 65 5/23/06 - RULES - BILL 060205, ETC. groups in the area, and the whole concept has been received with great, great enthusiasm on the part of the community. We're grateful for that. If I may just add a further word to this effect, that the Salvation Army in Philadelphia -- and this is the birth place of the Salvation Army in the United States, right here in the City of Philadelphia at 4th and Oxford Streets in 1879. So we think this has even more significance for us and for the community, and we're delighted because we have been selected to receive a $77 million grant from the estate of the late Joan Kroc, whom I knew personally and knew about her vision for that center, that $93 million center in San Diego. Her vision was that in providing these centers across the United States on the model of the San Diego center, the Army would provide state-of-the-art facilities and services targeting the underserved. Those were 66 5/23/06 - RULES - BILL 060205, ETC. her restrictions. Another restriction in the gift was that the estate would be divided between capital funding and endowment funding. So as Mike O'Neill has indicated, we expect to raise a facility costing in the range of $40 to $42 million, and we're approved to receive a $41 million endowment grant as part of our grant. That will be the lead gift for a major operating endowment campaign, which we expect to launch this summer so that we can make sure that we're enriching and funding this new center, but also helping to fund the existing operations in response to your incisive question. This will be about a 100,000 square foot facility, to include an aquatic center, full-size gymnasium, fitness center, performing arts center, a child daycare center, a senior citizens adult daycare center, case work services and many different functions for job training and job readiness woven into the 67 5/23/06 - RULES - BILL 060205, ETC. entire fabric of the program design. We are required, in order to keep the $77 million grant, to submit by May 31st of 2006 our program design. That is completed as of today. It will be presented to our Mission Alignment Council at 2:30 this afternoon. We are required by July 31st, in order to keep the $77 million grant, to submit our sustainability plan. We're well down the road on that. We'll have that in place.
4-acre piece, and that's why I'm so grateful for the opportunity to say these few words before Council today on the zoning change, because as one of the provisions for entering into the settlement on the purchase of the property, we have to demonstrate that the zoning change has taken place. That's why we're so grateful to you for your willingness to hear this request today. 68 5/23/06 - RULES - BILL 060205, ETC. Thank you very much.
You're welcome. The Chair recognizes Councilwoman Miller.
Thank you. Thank you, Madam President. I'd like to support Councilman Nutter's request that this Committee support this bill. Just for the Kroc Center alone, this brings the opportunity for an underserved portion of Philadelphia -- and certainly it's in Councilman Nutter's district, but right across in my district it's an area that just doesn't have good recreation, job training. It doesn't have any types of real facilities there. And people in the neighborhoods are really looking forward -- I think people in all Philadelphia actually -- are looking forward to the Kroc Center. The Budd site's development is important to that area as it relates to 69 5/23/06 - RULES - BILL 060205, ETC. economic development, housing development and the entire neighborhood stabilization. That will certainly happen as a result of the center. The Temple site is currently being developed. It looks to me like it's almost finished, and that's something that we truly supported. And I just can't say enough that what the development of this entire site will mean to that portion of Philadelphia. So I too want to urge our Committee members to support this bill. COMMISSIONER WATSON: Madam Chairperson, if I may just thank Councilwoman Reed for all the help she's given us as well in moving this project forward. Thank you.
Thank you. I just want to applaud you and the Salvation Army for the great work that they're doing at the facility at 33rd and Reed. It's something that was 70 5/23/06 - RULES - BILL 060205, ETC. sorely needed in the community, and I think it's worked out beautifully. COMMISSIONER WATSON: Thank you very much.
Thank you. Do we have any other witnesses to testify on this bill? (No response.)
Seeing no one, gentlemen, thank you. I would ask Mr. McPherson to kindly read the title of Bill No. 060313. MR. McPHERSON: An ordinance 16 amending Section 14-1619 of The Philadelphia Zoning Code, entitled "Frankford Avenue Special District Controls," by adding parking requirements for the district, all under certain terms and conditions.
Good morning, Madam President, members of the Rules 71 5/23/06 - RULES - BILL 060205, ETC. Committee. My name is William Kramer. I am the Senior Zoning Planner in the Development Planning Division of the City Planning Commission. I am here today to testify on Bill No. 060313, which was introduced by Councilmember Krajewski April 27, 2006. This bill amends Section 10 14-1619 of the Zoning Code, entitled "Frankford Avenue Special District Controls," by adding a parking requirement for the district. This bill 14 would require any use that is constructed, erected, expanded or extended so that it occupies more than 10,000 square feet of gross floor area would be required to provide off-street parking at a ratio of one space per thousand feet of gross floor area. The district affects all commercially zoned properties with frontage along Frankford Avenue between Harbison and Solly Avenues, as well as all commercially zoned properties with 72 5/23/06 - RULES - BILL 060205, ETC. frontage on Cottman Avenue between Leon Street and Edrick Street. As written, there is a concern that an existing transportation street, Frankford Avenue, would be transformed from an urban setting to a suburban one, undermining the existing urban fabric of the commercial center of the Mayfair and Holmesburg sections of the City. The Planning Commission at its meeting of May 18, 2006 considered Bill 13 No. 060288 (sic) and recommended that it be approved with an amendment precluding curb cuts on Frankford Avenue, requiring that parking be provided in the rear of the building and further requiring any new buildings be constructed with no 19 setback from the street line. I have that amendment available if Council would so like to adopt that.
I would be happy to answer any questions of the Committee. 73 5/23/06 - RULES - BILL 060205, ETC.
As of o'clock yesterday, we had not received 4 testimony on this bill. However, I would simply like to ask, is the provision of one additional parking space for each additional 1,000 square feet of gross floor area sufficient?
In this particular instance, I believe so. The problem here is, individual owners were going to acquire storefronts, and not just one but several storefronts that are currently zoned C-2 and they were going to then breach the walls and utilize them as one large commercial operation and provide no 17 off-street parking as under the Code. Subsequently, with an existing structure, by having them required to provide one space per thousand square feet of gross floor area, we don't believe that they will be able to meet that requirement and, therefore, send the matter to the Zoning Board of Adjustment, at which point it gives the community an 74 5/23/06 - RULES - BILL 060205, ETC. opportunity to express its opinions and feelings on a particular project.
Thank you. Any questions from members of the Committee? (No response.)
Anyone else to testify on this bill? (No response.)
Seeing none, I would ask Mr. McPherson to please read the title of Bill No. 050268. MR. McPHERSON: An ordinance 16 amending Title 14 of The Philadelphia Code, relating to "Zoning and Planning," by amending Chapter 14-500, entitled "Industrial Districts," by amending Section 14-504, entitled "L-2 Limited Industrial District," by modifying the conditions under which certain uses are permitted, under certain terms and conditions.
75 5/23/06 - RULES - BILL 060205, ETC. Mr. Kramer.
Good morning, Madam President, members of the Rules Committee. My name is William Kramer. I am the Senior Zoning Planner in the Development Planning Division of the City Planning Commission. I am here today to testify on Bill No. 050268, which was introduced by Councilmember O'Neill and Council President Verna April 7, 2005. Bill No. 050268 amends the provisions of the L-2 Limited Industrial section of the Zoning Code by removing a 5,000 square foot limitation on the allowable gross floor area of laboratories and assay offices. This amendment to the Code has been requested by the Philadelphia Industrial Development Corporation as part of efforts to market the former Philadelphia Naval Base as a location for business and industry. This limitation does not exist in less restrictive classifications in the Zoning Code. 76 5/23/06 - RULES - BILL 060205, ETC. The City Planning Commission at its meeting of April 14, 2005 considered Bill No. 050268 and recommended its approval. I would be happy to answer any questions of the Committee.
Thank you. I would like to ask, are there currently any proposed projects that will benefit from the elimination of this restoration? If so, what are they?
My name is Paul Deegan and I represent PIDC. We are marketing particularly the research park at the Navy Yard for high-tech laboratory-type uses. We don't have any currently lined up. We did have one building, Aptech, which was developed about two years ago when the site was zoned G-2 Industrial. Since then, we've rezoned most of the Navy Yard to L-2. So this restriction now applies to all the land down there. But currently I don't think we 77 5/23/06 - RULES - BILL 060205, ETC. have any firm agreement or resolution or agreement of sale with any company which would be hampered by this restriction, but we're constantly marketing, and Liberty Property Trust, which is developing much of the yard, is also looking at bringing in high-tech pharmaceutical, research companies to the yard. So we're trying to be a little bit ahead of the curve rather than waiting until we land the company and then find out that we have a restriction there that's going to give them a problem.
Very good. The Chair recognizes Councilman Kenney.
Thank you, Madam President. Mr. Deegan, will this action involve any land or have any effect on the food distribution center that's -- 78 5/23/06 - RULES - BILL 060205, ETC.
No, Councilman. In the rezoning we did last year, we did a comprehensive rezoning at the Navy Yard, and the eastern section of the yard does remain G-2 Industrial, which permits large warehouse-type uses.
Thank you. Any other questions from members of the Committee? (No response.)
We also have written testimony, which Ms. Williams was going to deliver, but if you don't see the need for it, then we're fine with that. We have submitted the testimony for the record, though.
Well, I think you know what the rule is. Testimony should be received 48 hours 79 5/23/06 - RULES - BILL 060205, ETC. prior to.
We have it? Well, is there additional information?
Why don't you just introduce her and tell us who she is.
It's okay. If you don't need to hear it, that's quite all right.
I'm sorry. My name is Krista Williams and I represent Philadelphia Industrial Development Corporation.
We 80 5/23/06 - RULES - BILL 060205, ETC. welcome you. We wish you every success.
That doesn't happen too frequently around here, I'm afraid.
Thank you, Council President. In the, I guess, almost 30 years I've been coming over here, it's always been a pleasure.
Thank 81 5/23/06 - RULES - BILL 060205, ETC. you all very much. Is there anyone else to testify? (No response.)
Seeing no one, this will conclude our public hearing. We will now go into our public meeting, and I recognize Councilman DiCicco regarding Bill No. 11 060205. COUNCILMAN DiCICCO: Thank you, Madam President. I believe that all members of this Committee have received a copy of the amendments, and at this time, I would move for the approval of the amendment to Bill No. 060205. (Duly seconded.)
It has been moved and seconded that the amendment as distributed earlier be adopted. All in favor will say aye. (Aye.)
Those 82 5/23/06 - RULES - BILL 060205, ETC. opposed? (No response.)
The ayes have it and the motion carries. Again, the Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam Chair. I move that Bill No. 060205 as amended be reported out of this Committee with a favorable recommendation and a further recommendation that the rules of Council be suspended. (Duly seconded.)
It has been moved and seconded that Bill No. 17 060205 be reported out of Committee with a favorable recommendation as amended; further, that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will please say aye. (Aye.)
Those 83 5/23/06 - RULES - BILL 060205, ETC. opposed? (No response.)
The ayes have it and the motion carries. The Chair recognizes Councilwoman Miller regarding Bill No. 8 060263.
Thank you, Madam President. I move that Bill 11 No. 060263 be reported out of this Committee with a favorable recommendation and further move that the rules be suspended so as to permit first reading at our next session. (Duly seconded.)
It has been moved and seconded that Bill No. 19 060263 be reported out of Committee with a favorable recommendation. Also, a recommendation that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will please say aye. 84 5/23/06 - RULES - BILL 060205, ETC. (Aye.)
The ayes have it and the motion carries. It was moved and seconded that Bill No. 060288 be reported out of Committee with a favorable recommendation --
That's what happens when you're interrupted. It was moved and seconded that Bill No. 060263 be reported out of Committee with a favorable recommendation; further, that a recommendation that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will please say aye. 85 5/23/06 - RULES - BILL 060205, ETC. (Aye.)
The ayes have it and the motion carries. Mr. Kramer, I want to make sure that we're doing the right thing. On Bill No. 060285 we indicated that there would be an amendment. The amendment has been prepared. Do we have to go into our public hearing in order to offer the amendment? Is that very technical?
I guess you -- that would be a rules of Council. I'm not absolutely certain if that --
Okay. The Chair recognizes Councilman Kenney regarding Bill No. 060288.
Thank you, Madam President. I move that Bill No. 25 060288 be reported out of Committee 86 5/23/06 - RULES - BILL 060205, ETC. favorably and a request made for rules suspension to allow first reading at our next Council session (Duly seconded.)
It has been moved and seconded that Bill No. 8 060288 be reported out of Committee with a favorable recommendation; further, a recommendation that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. As indicated earlier, Bill No. 21 060312 has been held at the request of the sponsor. Mr. Kelly, I would like a motion from you regarding Bill No. 25 060313. 87 5/23/06 - RULES - BILL 060205, ETC.
Madam Chair, I move that Bill No. 060313 be reported out of this Committee with a --
I move that the amendment submitted to Bill No. 9 060313 be reported with a favorable recommendation. (Duly seconded.)
All those in favor of adopting the amendment as presented please say aye. (Aye.)
The ayes have it and the motion carries. Again, the Chair recognizes Councilman Kelly.
Yes. Madam Chair, I move that Bill No. 060313 as amended be reported out of this Committee 88 5/23/06 - RULES - BILL 060205, ETC. with a favorable recommendation and further move for the suspension of the rules in order that this bill may be heard at the next session of Council. (Duly seconded.)
It has been moved and seconded that Bill No. 9 060313 be reported out of Committee with a favorable recommendation as amended and that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will please say aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Clarke regarding Bill No. 050268, the last one.
Thank you, 89 5/23/06 - RULES - BILL 060205, ETC. Madam President. I move that Bill 050268 be reported out of Committee with a favorable recommendation and a request for a rules suspension as to allow reading at the next session. (Duly seconded.)
It has been moved and seconded that Bill No. 10 050268 be reported out of Committee with a favorable recommendation; further, that a recommendation that the rules of Council be suspended so as to permit first reading at our next session of Council. We are going to recess our public meeting, go back into our public hearing, because I don't want to hear any indication that this was done improperly, because we have some people who want to see that happen. So we are now in, as I said, our public hearing, and the Chair recognizes Councilman Clarke.
Thank you. Thank you, Madam President. As indicated 90 5/23/06 - RULES - BILL 060205, ETC. in earlier testimony, there is an amendment circulated that will be offered on Bill No. 060285.
Madam Chairman, members of the Rules Committee, my name is William Kramer, City Planning Commission. The amendment reads as follows: To amend Map B Proposed Zoning in Bill 060285 by changing the proposed "L-4" "Limited Industrial Zoning" to "C-2" Commercial within the area bounded by 24th Street, Penrose Ferry Road and the south side of Packer Avenue.
We are now back into our public meeting, and the Chair again recognizes Councilman Clarke.
Thank you, Madam President. Madam President, I move for the adoption of the amendment to Bill 91 5/23/06 - RULES - BILL 060205, ETC. 060285. (Duly seconded.)
It has been moved and seconded that the amendment just read be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the amendment is adopted. Again, the Chair recognizes Councilman Clarke.
Madam President, I move for the adoption of Bill 060285 as amended and move that that bill be reported out of Committee with a favorable recommendation and a request for rules suspension as to allow reading at the next session of Council. (Duly seconded.) 92 5/23/06 - RULES - BILL 060205, ETC.
It has been moved and seconded that Bill No. 4 060285 be reported out of Committee with a favorable recommendation as amended and that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will please indicate by saying aye. (Aye.)
The ayes have it and the motion carries. That concludes our public meeting. Thank you all very much. (Committee on Rules adjourned at 11:35 a.m.) - - - 93 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on May 23, 2006, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)