civus
Hearing video

ZBA Hearing - October 28, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 28, 20205h 56m

Planning Commission.

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um greg waldman from the city planning committee photo city planning commission

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this property is indicated for residential multi-family use on the comprehensive plan

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the relief being sought would not increase the existing non-conformity of the property

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accordingly we have no objection to the granting of the requested variance thank you mi-2020-001258

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1910

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Pine Street. My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes. Thank you all.

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Any

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unfit. That completes the

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morning list? No, we still got

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it. That's right.

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Remember I said I don't have the whole

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sheet. Okay. I got to look

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through. I'll go back on. You got to five more

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I believe. You got it. Thank you.

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Next one up is MI

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2020-001

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079 4015 Baltimore Avenue I got it now thank you and this is Sharon Saleta I don't have a record

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of having received exhibits for this file okay anyone here for 4015 Baltimore Avenue

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no hands at this time thank you mi-2020-001079 4015 baltimore avenues continued

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okay next one up is mi2020-001091 702 seagull street

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And this is Sharon Saleta again. I have no exhibits for this one either.

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Anyone here to testify on 702 Sigal Street?

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No hands at this time.

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Thank you. MI 2020-001091. 702 Sigal Street is continued.

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Okay, next one up is MI-2020-001087, 5400 North Broad Street.

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The attorney on this is Neil Sklaroff.

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I have promoted attorney Nils Sklaroff for you.

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Good morning, Mr. Thank you.

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Good morning, Mr. Sklaroff.

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Please identify yourself with a record.

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Spell your first and last name.

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Sorry, Mr. Chairman.

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I'm trying to get the mute button to work.

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Nils Sklaroff, N-E-I-L-S-K-L-A-R-O-F-F

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with a firm of Dilworth Paxson, 1500 Market Street, Suite 3500E, Philadelphia, Pennsylvania,

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19102, I believe.

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Thank you. Do you swear in a firm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Thank you, Mr. Sklariff. Please proceed.

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You agree to wait to read in of its refusal and stipulate to its accuracy?

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Yes.

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Also, have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal or referral folders and plans five days prior to

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this hearing? I believe so. Great. Also, have you met with the RCO and have a letter?

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We have a letter that we received this morning. They preferred to do this as a paper

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meeting, and hopefully I'll be able to share my screen.

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meeting. And hopefully, I'll be able to share my screen and be able to show that to you

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toward the end of my presentation. May I share my screen? Here we go.

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Except I haven't... Well, I think this is it.

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Mr. Chair and members of the board, I have the honor this morning to represent the School District of Philadelphia with regard to its effort to replace an existing sign at the Philadelphia High School for Girls at 5400 North Broad Street.

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we have submitted this package and we'll go to through the exhibits and I'll be able to explain

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the project at that time we have our tax clearance certificate we have a deed notice I couldn't find

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the original deed but this is a declaration filed of record by the school district in which

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5400 North Broad Street is mentioned as being in our ownership. As the board may know, in previous

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additions of the zoning code prior to 2012, schools were often invited into residential

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districts. This is an RSA3 district, as are most of the residential property in the area.

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It is across from Einstein Medical Center, which is its own institutional district, and there is much retail and commercial allowed along North Broad Street.

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This is a copy of the zoning notice, which has been filed.

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This is a key map showing our filing.

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This will begin with a photograph of the existing sign at the school.

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You'll note it is elevated above the street level.

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Here is a showing from the school level.

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This is the sign here.

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It hasn't operated in many years.

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This is Old York Road to the right.

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We have posted the signs and our notice of refusal along the streets.

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This is across Olney Avenue.

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This is on Broad Street. This is again on Olney Avenue, another entrance, another photograph of the residents across Olney Avenue. And if I could get this to go right, there's the Einstein Medical Complex across Broad Street.

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This shows an aerial of the property. This is Philadelphia High School and this area in red

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illustrates the existing sign and the location for the proposed sign. Diagonally across the street

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is the Omni Transportation Center. There are commercial uses up Broad Street. This is the

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old beneficial bank. It has a billboard on top of it. And I'm sure we're all familiar with all of

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the retail in the Broaddent and Ani area. Again, that's the sign. This sign is actually one foot

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wider and therefore larger than the proposed sign. If I get this to work, the proposed sign

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is a little less than 30 square feet. I'll get to the refusal in a moment, but the top of this sign

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will have the Philadelphia High School for Girls logo and the name. Below that will be an animated

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digital illuminated sign, which will notify the community and the alumni of what's going on

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inside. The sign is proposed to have a height of a little over eight feet, a width of seven

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feet, four inches. The last sign that we saw was eight foot in width. Some other details that were

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submitted along with the application. This is our application for a zoning use registration permit.

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But here is the refusal that, as I said, we're in an RSA-3 district.

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And because of that, we have three refusals.

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The first three.

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One is that animated illumination is not permitted in.

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animated illumination is not permitted in RSA 3 district. It's also not permitted within 200 feet

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of an intersection. Apparently we're within 200 feet of Broad and Olly. And that illuminated

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signs are not allowed with 150 feet of a residentially zoned district. We are a residentially

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Zone District for this block. We also have refusals for the maximum area. Allowed is 1,500 square feet

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where we are proposing, excuse me, 15 square feet where we are proposing a little less than 30.

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The maximum height allowed for a freestanding sign is seven feet and our proposed height is

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eight feet, one inches. We included in the exhibits our appeal papers, which included

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the project information form. We wrote to the RCOs back in September. We'd actually reached out

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in August. We got a response eventually from a concerned community association,

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which was the Identified Coordinating RCO. They asked for a number of questions,

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and we responded to those. And then we sent a letter out to the near neighbors, 198 of them,

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and we included the zoning notice, the instructions that the ZVA publishes for

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joining the virtual hearing. We also included the refusal as well as the zoning notice.

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And this is information that ACCA asked to be included, which is their paper meeting,

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along with what we had provided them before. Now, if I can, I guess I have to

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a new share. Let's see. Mr. Squire, if you don't mind, we can summarize. That would be helpful.

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I'm almost done. I just wanted to... Oh, okay. Thank you.

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And apparently I'm not... There it is. This is the letter received this morning from ACCA.

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they object to the animated portion of the sign. We would like the full technology available

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in signage. We think it is a modest sign. It's a replacement of the bigger sign.

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It is parallel to York Road. It's not perpendicular, and therefore it would be viewed

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less

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it wouldn't be as

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readily viewable as it would

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if it would be

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perpendicular

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I think we all take note

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I

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would hope of all the large

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signage that has been in the commercial area

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I go back long

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enough for Esquire Theater

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Lane Theater, Esquire Drugs

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Laureas which had

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huge signages

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within a block and a half. With me today is Heather Mullen. If we need any questions about

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the signage, she's with the fabricator. The principal, Lisa Macy, apologizes for not being

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here today. She had to attend a funeral. In accordance with section 14303-14F, I ask that my

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testimony if there is no objection be made part of the record and as if given by an official of

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the school district noted thank you all right have you concluded sir yes i have all right thank you

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

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raise your hand sure i have charles richardson from the council person's office good morning

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mr richardson please identify yourself for the record good morning again mr chair charles

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richardson from the office of councilwoman cindy bass room 312 city hall they're still under oath

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thank you okay uh the councilwoman uh received the same letter that mr sklaroff received uh

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And has no objections to an illuminated sign.

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There are community concerns with regard to the animation.

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Don't know whether proviso would be applicable there.

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But, you know, but if it can be added to the decision, that it be a non-scrolling sign or something along those lines, then, you know, the councilman would request that that be the case.

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Thank you. Mr. Sklaroff, the rotation of messages, is that going to comply? There's an ordinance, I believe, that was instituted. I forgot what it says, 30 seconds or whatever it is. So many per minute.

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Thank you.

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Mr. Sklaroff, the...

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right it's eight seconds and there's a limit as to how it has at least eight seconds uh we'll

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comply uh with the code we'll comply with the illumination and uh were this not in rsa

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district we might not be here you wouldn't be here understood thank you uh planning commission

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i'm sorry chair we still have more people oh sorry about that sorry we have linda carter

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You're going to meet yourself and wait to be sworn in?

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Okay, I'm here.

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Ms. Carter, please identify yourself with the record.

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Spell your first and last name.

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Linda Carter.

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L-I-N-D-A-C-A-R-T-E-R.

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You're swearing to the firm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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And you are?

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Your involvement in this case?

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I live at Broad and Somerville.

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Okay.

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Our comments after we discussed this when we got the letter, we agree with the flashing illuminated signage objection.

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um that area from broad and somerville up to uh i think they call it einstein boulevard and then

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up to broad and alney um it's a very high traffic area and also there are many yesterday i heard an

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accident as i was coming into the house at broad and somerville and there are accidents at that

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Broad and Einstein Boulevard constantly I mean I can't give you a good figure I would

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suggest that maybe somebody in traffic, the traffic office look into it but there are

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accidents along that area all the time.

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Any kind of bright signage would just add to I would think the traffic problems that

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they have along that route. So we object to even the bright signage, much less the animation,

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especially the flashing. I'm reading here where it says the Broaden Island is a very dangerous

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corner and a flashing sign will needlessly attract unwanted attention to a school full of girls.

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I was a girls high girl, and I've been gone for a very long time, but I would like very much to think that their protection, you know, is still paramount, you know, with the reduction of police.

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and I don't know if they have police staff on site there but you know during the day and

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during the winter months you know it's just not a safe area and attracting more attention to it

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we don't think is a good thing. Thank you. I can say this from my past experience

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when I was in city council I did a lot of legislation in fact I did the legislation for

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market east there's no evidence that uh uh electronic uh billboards or uh that have any

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scrolling type of advertisement have led to any increase in traffic accidents uh that battle

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been fought a number of times i do appreciate your comments but again there's no empirical

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evidence that i'm aware of that would suggest a illuminated sign with a flashing message

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and it adds to or would create a public safety hazard.

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Okay, anyone else who would like to testify in this case, please raise your hand.

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We have the name ACCA.

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You can unmute yourself and wait to be sworn in.

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Good morning.

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Please identify yourselves by your first and last name and provide your address, please.

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My name is Sandra Broadus. That's S-A-N-D-R-A-B-R-O-A-D-U-S. I represent ACCA, a Concerned

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Community Association. We are the coordinating RCO on this case and the one who submitted the letter

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that you have on the screen. Can you hear me? We're going to affirm to tell the truth,

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the whole truth, nothing but the truth. Yes, I do. Thank you, ma'am.

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please proceed. I just wanted to mention that this

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I just wanted to mention that this project of putting a new sign up at Girls High came up about two years ago.

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The principal at the time did give us a call and we were able to present the idea in theory to a full community group at the time.

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And the reason for our concern is that Girls High sits up on a hill, and for the most part, with all the disturbance that goes on on the Broad and Elney corridor, the school is kind of unanimous.

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People don't see it.

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They don't think about it.

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And that's a good thing.

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That's a good thing.

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um to put a sign up where there are actually uh flashing lights or moving um words a if the sign

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the words are scrolling in order to read the message people have to look at it the traffic

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either has to turn their head to the left or the right to see it but more important it uh draws

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attention to the school that i don't think they want um there's some bad things that go bumping

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the night at Girls High on the Broad Nounley Corridor. And Girls High is just a building.

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They're not really thought of until they draw that attention to themselves. The other concern

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