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Hearing video

ZBA Hearing - May 29, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 29, 20244h 53m

Administration, as well as the Department of Drug and Alcohol Licensing. It's really directly in

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response to some of the statements made by experts brought by the applicant, you know,

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statements like there are no 3.1 facilities in Philadelphia. This is research performed over

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eight or so months um which gives me the feeling that the same amount of research and um seriousness

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was not given by the applicant and so that's what I'd like to go through and also to assert that

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the people that Mr. Masters represents do not oppose substance use disorder treatment centers

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and it's very specific to this applicant this site um and that's what I'd like to go through

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okay all right so the next slide um tell us what we are looking at with the next slide

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sure so i felt it's necessary to tell a little bit about myself since from the very first rco

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meeting on this matter neighbors have been questioned as if we're under review for this

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application questions like who here has lived here longer than 10 years why have i never seen

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you at an rco zoning matter before even though i joined and volunteered with the rco for six months

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leading up to this project, I still could not get a straight answer on the RCO or applicant

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on what valid experience they have to warrant this application before the community and

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community and the zoning board asking for 56-bed 3.1 facility. I volunteered with the RCO because

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the zoning board asking for 56-bed 3.1 facility.

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I needed community and support after a second shooting occurred in front of my house. However,

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the RCO is not the center of the universe, and having worked with neighbors on this matter for

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months, it's insulting the way that the RCO and applicant have tried to invalidate the numerous

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people who enrich the community in ways beyond the scope of the RCO. So that is that slide,

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uh steve if we could just quickly um and to be clear i had in no way would i spend months

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researching this project speaking with people in the community out of a fear of and bias of

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people undergoing said treatment i voiced reasonable and clear concerns regarding this

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specific applicant project community this zoning hearing is the only chance this community has to

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express concerns about this project. There is no other procedure during licensure which

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is open to public comment. The concerns are and always have been concerns with project size and

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scope, applicants experience in sub treatment facilities, applicants practices throughout

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the process, and the community's ability to absorb any failures and missteps by the applicant in

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their operations. I have serious reservations about the RCO's due diligence in supporting

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this project especially considering the neighbors concerns they um the actions appear biased towards

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the developer and their approval rationale simply stating cba a cba from which the community and

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neighbors were blocked from participating in razors further concerns the rco board threatened

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residents like myself with legal action for asking normal questions related to this zoning procedure

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and they attempted to cancel a meeting the community organized with the developer to get

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additional clarity on the project. The absence of RCO elections in October of 2023, as required

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in our RCO bylaws, adds to my apprehension regarding this matter before the ZBA. So I'd

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like to just talk a little bit about what due diligence looks like, what I would have liked

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to have had acknowledged by the applicant, the RCO, as we went through this process, acknowledging

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United States Substance Use and Mental Health Service Administration in 2020 said 60% of

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for-profit sub-facilities are not this large. They have fewer than 15 clients, 60% of them.

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And then, Steve, if you could go to the next slide.

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Acknowledging that most inpatient non-hospital facilities in Philadelphia are not this large.

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The Department of Drug and Alcohol Licensing in the state of Pennsylvania, as of early 2024,

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when this was pulled, we have 32 treatment centers, non-hospital, inpatient in Philadelphia.

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Only five of those are over 50 beds. And if we could go to the next slide.

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Acknowledging that for-profit status matters. So in 2024, the New Jersey State Commission,

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other states have come to similar findings. Profits drive abuse in this industry. The

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Commission's in-depth investigation into recovery industry revealed unchecked abuses by so-called

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professionals, owners, and operators of addiction-related businesses who routinely engage in

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corrupt practices that were more about making profits and promoting their own interests

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and less about getting their clients clean and sober. Fraud, unethical conduct, and wrong.

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So I think, Steve, I don't want to talk about general. Let's talk about this project here

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and not like this general people committed crimes

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in other places.

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Well, I know, but I understand,

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but I want to try to let her get back to the here,

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where we are today.

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So, Messini, can you, why are you talking

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about for-profit, the problems of for-profit facilities?

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How does that relate to this project?

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Objection, right.

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What are her implications?

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Let's see if she can answer that.

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So Michael Daly thought it was wise in January of this year to, while he was presenting this application to a community with above average poverty rate to be interviewed by Food & Wine about his time on yachts with billionaires.

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He has introduced his daughter Bridget Daly as a leadership role in operations of this facility without providing any experience to support that.

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The applicant has used SUD residents as unpaid pawns in the RCO CBA negotiations to provide unpaid labor to specific non-RCO organizations, which could be worth thousands of dollars if we're talking about full-time people being unpaid.

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RCO and applicant discussed specific non-RCO organizations.

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Bridget Daly in the 410 CBA hearing said businesses in the area, a kitchen and corner store not too far from the last community meeting.

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so they've already discussed who that will be and then most shocking of all the late introduction of

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So they've already discussed who that will be.

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And then most shocking of all, the late introduction of Chris Devaney, former Chief Operations Officer of Community Connections, as Interim Director of Operations, who I guess would be training Bridget Daly in how to operate a facility.

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And this is how investigators in the $15 million DOJ settlement described this program.

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So, so, so.

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Improperability.

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Listen to me, listen to me.

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So what she's saying here is she objects, am I right, to the person who was named as the interim head?

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is that he's objecting to the lack of experience of literally every single person in the team

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then that was gone over by our expert but there's but um but specifically um miss missini what

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i'm sorry i didn't ask where you live and what your profession is i'm within the 250 foot um

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radius my my profession is it analyst and as a in your professional career do you engage in

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online research and online searching for for various uh various causes or various absolutely

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when it comes to what i'm supposed to be an expert in um it's very important for me to do

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research of all types and say you know on top of constantly changing um information around

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and i and i i appreciate that but we want to just concentrate on more street um so we're looking at

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some some images now of do these have have what's the what's what are we looking at in these photos

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and what's the relevance to this project so these are shootings in 2020 2021 all within the vicinity

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of my home and the so so so so we're not going to let that in Steve I mean I understand she's saying

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there's issues in the neighborhood but i i think i think shootings four years ago may not be

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relevant and i understand she's affected by it but we can't do all this we have we have more

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recent ones mr sheriff okay right within within the past year um we have had shootings and what

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what i'm trying to communicate is that we are spread thin as a community we cannot you know

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be able to come to this applicant and handle every single misstep that they do, especially

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with the amount of money coming behind this applicant. There is too much on our plates right

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now. And they have not done, they haven't shown any effort, any research to warrant the size of

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this just extremely large project. All right. So why don't, why don't we move on in your

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presentation okay i i can conclude at this point um what does due diligence look like uh to close

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i wanted nothing more than to walk into the february rco zoning meeting and hear from an

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applicant like our expert michael hurl who described his decades of experience and successful

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sud programs so i could support this rco and this project instead i got michael daly who could only

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tell us that he was a quaker when we asked for his sud experience instead i saw the rco run

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interference for this application applicant as we ask for information. As a result, I urge you to

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consider the applicant's lack of said experience, the series of inappropriate experts they paraded

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before us, as well as their legal team's actions throughout this process, dehumanizing near

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neighbors with accusations of not being part of this community. I urge you to deny the special

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exception for group living at any capacity, so thank you for your time. Hold it, hold it, hold it,

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Hold it. Are you done with with her, Mr. Masters? I believe so. Yes. All right. Darwin, do you have any questions?

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Yeah. How do you pronounce your last name? Sini? Correct. Yeah. Your last one among your last statements, you said you didn't like what the legal team has done.

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Have I done something to you? Yes. And some of the first zoning hearings, if you go back to listen to recordings,

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you said supposed members of the community and a lot of other insinuations that we are not real

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people that we are you know no I never said you were not real people it was the insinuation but

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oh so you insinuated that I made an accusation okay so are you familiar okay

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Are you familiar with Horizon House?

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I think it did come up in the list of, but as far as familiar, absolutely not.

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This is not my background and expertise.

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Are you familiar that they have locations in your neighborhood?

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No, because I'm not familiar with them and I would not be opposed to small groups that have experience at all.

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In your research, did it ever occur to you to look for possibilities, what might be?

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to look for possibilities, what might be close to you, or if not, at least.

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I'm not concerned about ones that are operating close to me because the assumption is that there

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was due diligence performed there, and I don't need to worry about that.

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That's from the New Jersey Commission to discuss and bring here. I was just curious if you would

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just do the simple research to figure out what other uses or similar uses might be in your name.

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No, and certainly there are no 3.1s and certainly none of 56.

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Thank you. Thank you. Mr. Masters, your next witness, please.

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My next witness is Derek Ayers.

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Do we have a proffer, please?

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He has a letter that's in our exhibit binder.

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Hello. Hi. Derek, could you please state your name and spell for the court stenographer?

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My name is Derek Ayres, spelled D-E-R-E-K-A-Y-R-E-S.

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You swear or affirm to tell the truth, the whole truth and nothing but the truth.

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Yes, I do. Mr. Ayres, are you a neighbor?

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Yes, I'm a near neighbor. I'm within 50 to 100 feet of the front door.

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Sure. Please proceed, Mr. Masters.

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Can Mr. Ayres be given his video?

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Sure.

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Derek Ayres will be coming in as a panelist.

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Hello.

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Hi. Good afternoon, Mr. Ayres.

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you live at 529 Moore Street is that correct yes I do I live at 529 Moore okay and how long have

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you lived in the neighborhood I've lived here for 12 years what are the major points that you have

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that are concerning you about this project yeah I don't want to be redundant with anything that's

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gone before so mine is not necessarily statute based I happen to be the father of a young

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daughter. And I'm also speaking on concerns of other parents on the block. Our concerns have to

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do with the fact that this is a neophyte facility. It is massive. It's a transient population that's

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being proposed. And we are speaking out on behalf of the people who can't speak out, which is for

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our children. We would assume, of course, that there are attendant issues associated with patients

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of this type. And we are very concerned that this facility is so very close to such a densely

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populated area that has seemingly kids at every other house that like to play on the street.

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That's our main concern. I feel like it's sort of a giant in the room of what's stressing out

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a lot of the parents on the block. How old are your children? I have a nine-year-old daughter.

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okay and then um close to you are there other children that your daughter plays with on the

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block absolutely we have a there's a two children next door that are that are small but are play

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age they have by we just gifted them a bicycle across the street there are two sisters that are

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seven and ten there are other children on both sides of the street going all the way down in

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front of the facility well i'd also like to say uh in terms of being active in my community i

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started a I am party to a community garden that's directly located right across the street from this

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facility and my wife used to be on the NC the on the board of the of this NCO before it was renamed

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so just to give context to the fact that we've been in the neighborhood so when you talk about

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the children playing on your street can you describe in more detail do they do they play

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on the street often do they where do they go uh they like to ride their bikes up and down the

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street they like to chalk on the sidewalk uh they like to plant uh plants in the uh the tree boxes

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variety of typical uses they also like to walk the dogs we're also at the age where we uh are

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interested in giving them some freedom to not necessarily be a helicopter to be parent you know

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be watched over every single second. So the idea that we would have to helicopter our parents

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due to a large transient population that we could not form any bonds with to really get to know,

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it's stressful. I mean, I defy anybody to tell me their first choice in neighborhood would be to move

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right next door to a 56-bed rehab facility halfway to house. I think these facilities

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I think these facilities are warranted and they are needed, but this is not the appropriate place for one.

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are warranted and they are needed, but this is not the appropriate place for one.

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It should be located in a medical block.

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Is the size of the facility also a concern for you?

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Absolutely. It would double the size of our block.

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I know parking's not my purview, but it's going to blow the parking off the block.

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It's already contentious. It's already a hot block.

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There's shootings. There's contentious. There are things going on with the neighbors.

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This is just going to change the entire tenor of the block.

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is massive and they don't they're not experienced is there anything else you want to wrap up with

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no that's it i know we're short on time thank you thank you so much hold on hold on mr bouvet

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yes derek um isn't there a beer distributor down the street from you no no there's no more more

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here burned down they're closing what's your answer no they burned down they but there was one

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but there was one how long ago uh the fire was in the last six months

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okay so was were there people hanging out there sure okay um are you familiar with your neighbor

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miss cena uh the woman who spoke to her earlier no i don't know her person so she talked about

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their shootings in the neighborhood right where have you been aware of any shootings yes okay

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all right no other my next one my next door neighbor actually the front of her house got

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shot. Okay. Now the questions. Mr. Master is your next client. Next witness is Andrew Hartnett.

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Any more witnesses do you have, Steve? That's the last one on my name list, Mr. Chairman.

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Thank you. I appreciate it. Andrew has been allowed to speak. Andrew, could you please

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state your name and spell for the court stenographer? Sure. My name is Andrew Hartnett,

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a-n-d-r-e-w-h-a-r-t-n-e-t-t

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where are firm to tell the truth

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the whole truth and nothing but the truth

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yes sir

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are you a neighbor

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I live at 511 Moore

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which is directly across the street

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I can see it out of my front

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proceed Steve

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can I have Mr. Harden

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promoted to panelists

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