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Hearing video

ZBA Hearing - August 21, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 21, 20246h 4m

Hi, sir.

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Could you please state your name and spell for the stenographer?

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Star 6.

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Hello?

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Let me just text him.

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Do we see him?

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Yeah, I see him.

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and they're not allowed to speak.

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Sir, could you please state your name?

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David, you're an officer of the court.

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We'll gladly take your testimony.

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Thank you.

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If he pops back in, we can do it.

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Questions from the board?

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No questions.

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I have a used question real quick.

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I have a used question real quick. So if the deck is not going to be used, it's just in terms of use, what are the, what is just going to be there?

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So if the deck is not...

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We're not going to rip the desk off, but it's an insurance liability. My clients don't want to make it available. So what there is, is there is, and that's, I don't know if I have a photo. I don't know if I have a photo of it in the interior. I don't think I do.

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But the what it is, is there's a doorknob and then there's a lock, a deadbolt lock that has like a key for it.

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But there's no key. You know, the ownership has a key and it's not required for emergency egress or anything like that.

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So nobody inside the units, you know, inside the on the inside of that door that leads to that deck.

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They can't there's no way for them to get out there.

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Is it visible, though? Would it be visible to that?

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Well, you can see it. I mean, in the picture that I have right now, the existing railings are there. So they're just not doing anything with that. They're just leaving it there and nobody's going to use it. I mean, the reality is, is there's, I mean, again, from an insurance standpoint, liability standpoint, they have no interest in making that available.

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Secondly, it's right across from the Curtis Institute, which my client has good relationships with already. And then secondly, the last thing they want is outdoor noise being generated by their guests, disturbing their other guests.

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So for a multitude of reasons, you know, there's no reason, motivation or justification for them to use it, but also to go through the cost of ripping it up is just, so they'd rather put the money into making the rooms really nice and providing great service.

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Any other questions from the board?

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And again, CCRA just asks that we not use it, not that we rip it up.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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Yes, Mr. Chair.

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I have a hand up from a Takiyah Taylor.

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I have allowed them to speak.

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Could you please state your name as spelled for the stenographer?

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Takiyah Taylor, please unmute.

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you have been allowed to speak.

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Hi, could you please state your name?

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Hold on, Mr. Chair.

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Takiyah Taylor, once again, please unmute.

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I'm sorry, can you hear me now?

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We can.

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Could you please state your name and spell for the sonographer?

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Takiyah, T-A-K-E-I-A, Taylor, T-A-Y-L-O-R.

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Are you a neighbor?

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Not a close neighbor.

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Okay, please proceed.

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Is there a question that was asked to me?

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You put your hand up to have comments.

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I'm sorry, no comments right now.

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Oh, well, thank you very much. We appreciate it. Is there anyone else in the virtual audience?

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yes mr chair wade albert has their hand raised i've allowed them to speak

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counsel could you please state your name and spell for the stenographer

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uh sure my name is wade w-a-d-e last name is a-l-b-e-r-t right do you swear affirm to tell

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the truth the whole truth and nothing but the truth yes i do please proceed thank you so i'm

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counsel for the center city residents and uh as as mr orfiniti said we heard this case and we you

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know we understand that this matter relates to hotel not to uh other types of of cases uh that

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come before the zba where the applicant seeks uh this type of use variance to operate short-term

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rentals um and it is this cc area however would you know had some concerns that there may be some

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sort of, um, circumstance in the future where the property could potentially be sold to

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a third party.

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And in that circumstance, you know, it is, it is, uh, we have a policy against, uh, supporting

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or, um, or, uh, say, yeah, essentially supporting, um, uh, use variances for short-term rentals,

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because we believe that, you know, we, we look to support the hotel industry in our,

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in our footprint and their service workers.

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And we look to we believe that short term rentals hurt the the affordability of housing stock in our community.

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But that being said, we are aware of this hotel. We believe that the hotel is a has been a very good neighbor for a very long time.

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And we support this use. And we did include the proviso language.

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But after speaking with Mr. Orphanides, I can report that, you know, unfortunately, I do not at this point have authority from the.

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I can report that, unfortunately, I do not at this point have authority from the organization just because it's difficult to get a vote from an RCO to strike the provisos, but I will report that the leadership of the organization would essentially be agreeable to removing the provisos relating to a sunset and the third proviso about transfer because we know that, as Mr.

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reported that um that there is an issue with financing uh if those providers make it into the

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the permit so uh just wanted to inform the you know the zba about that i hope that makes sense

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thank you mr albert we appreciate it is there anyone else in the virtual audience

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no further planning question planning commission

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amy board with the planning commission the comprehensive plan recommends no change

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from the existing RM1 residential multifamily zoning at this location.

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The appellant has not shown that there are unique physical circumstances

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or conditions that would prevent the property

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from being used in conformity with the zoning code.

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The Planning Commission recommends that the board

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deny the requested variance for visitor accommodation

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and business and professional office.

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Thank you.

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MI 2024-003-541-1719, Rittenhouse Square.

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I vote yes.

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with proviso per refusal dated 7-23-24 and also no use of roof deck. Michael Johns, my vote is yes

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with proviso. Cheryl Gaston, my vote is yes with proviso. Tanetta Graham, my vote is yes with

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proviso. Tyowin, my vote is yes with proviso. Ishmael Shaheed, my vote is yes with proviso.

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Thank you, counsel.

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Thank you.

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I may be excused.

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Yes, you can.

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Sure.

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Thank you.

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Number nine, MI 2024-003-553, 5114 Wayne Avenue.

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Eileen Quigley is the attorney.

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Also, Vern Anastasio represents a protestant in the case.

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There's a letter of non-opposition from Faith CDC, the coordinating RCO,

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and a letter of opposition from Solo, Germantown,

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and also the protestant provided 38 form letters of opposition.

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The beckoness panel is up.

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Okay.

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Good afternoon, Chair Bergman, members of the board.

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Eileen Kiddly, Bowers, Spar, LLP, 1735 Market Street.

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And Eileen, just for the record, could you spell your name for this stenographer?

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Certainly.

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Eileen, E-I-L-E-E-N, Quigley, Q-U-I-G-L-E-Y.

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You swear a firm to tell the truth, the whole truth, and nothing but the truth.

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I do.

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Could you want to identify your client, the relationship to this property?

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Yes.

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It's Ocean Family Center, Executive Director and Founder, Salima McNeil.

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Okay.

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And Vern Anastasio, are you available?

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good afternoon mr chair um vernon i uh i already swore you once today right yes you did a couple

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times okay could you identify your client in this matter yeah i represent the immediate adjacent

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mostly impacted neighbor mr oscar beisert okay all right and um our vice chair has a few questions

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for Eileen. Good afternoon, counsel. Do you agree to wait to read another refusal or stipulate to

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its accuracy? I do. Have you emailed in all the required documents and exhibits that is needed

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and required to proceed with this case five days in advance of this hearing? I did with other

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photos submitted on the 19th, Monday. Yes, five days ahead from the majority. Understood. Please

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And I would mention one of our board members has recused herself.

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Taya Nguyen has recused herself for this.

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Thank you.

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May I share my screen?

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You most certainly can.

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I know they're around here somewhere.

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Can everybody see that?

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Yes.

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so good afternoon chair bergman members of the board as i said i'm here on behalf of ocean family

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center we are here today for a variance for personal service use and health practitioner

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office use we submitted our documents we have our agreement of sale and letter of authorization

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certificate of tax clearance necessary posting photos as well as neighbor notice

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necessary posting photos as well as neighbor notice letters the most recent

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of which was sent out on August 7th with certificates of mailing and we also

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sent out hand-delivered a flyer for the August 19th RCO meeting and that was

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hand-delivered on August 12th we are here today as I said for the the

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property is zoned RSA 3 there are only there are very limited number of by

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right uses for this RSA 3 zone it's single-family dwelling a family daycare

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which means you can only have it in your home a church transit station and a

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community or agricultural use this property has been used for a daycare

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center since at least 1972 and for the board's reference this property was designated historic

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in november of 2023 it's known as the sally watson barn this is the property now it sits

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back from wayne avenue it was built in about in the late 1800s and then converted to a church

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in the early 1900s and as I said it it was a church and in a daycare center for

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which they receive zoning relief in the early 70s and it's been used as a daycare

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center ever since so for the past 50 years this part of Wayne Avenue and

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maybe it'll be easier across the street this is right next door but across the

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street from the property it is zoned RM1 which is residential mixed-use there are

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properties that are multifamily across the street from our site as well as

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commercial on the 5,000 block of Wayne Avenue and throughout Wayne Avenue so

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you can imagine Wayne Avenue is a mix of residential and commercial uses I just

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want to I understand that RCO letters were submitted last night I just want to

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make a standing objection to any letters or testimony or votes from people who lack standing

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in this matter. I think Ms. Inez Love did reference that there were people that were outside of the

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250 feet at the RCO meeting who were making comments. So nobody objects to comments, but

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I do have to object to standing of those who are not within that 250 feet and have the

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opportunity to vote for this. So I would like to make that standing objection.

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Thank you.

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At this time, I would like to call Salima McNeil, who is the founder and executive director of the

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Ocean Family Center. Can you please raise your hand, Ms. McNeil, and I'll elevate you.

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yes can you hear me we can thank you so much could you please state your name

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and spell for the court stenographer yes my name is Salima McNeil first name spelled s-a-l-e-e-m-a-h

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last name m-c-n-e-i-l do you swear or affirm to tell the truth the whole truth and nothing but

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the truth. So help me God, yes. Please proceed, counsel. Thank you, Chair. Ms. McNeil, can you

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briefly explain your educational background? Yes, I currently hold a bachelor's degree in human

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services administration and a master's degree in clinical counseling and psychology from Chestnut

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Hill University and a women's entrepreneurship certificate from Cornell University. Can you

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briefly explain your, or not briefly, explain your work experience in the field of maternal and

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family health and wellness? Yes, I have been in the field for approximately 15 years. In this

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capacity, I have served in several facets, which include my most recent endeavor over the last six

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years, which is founder and executive director of Ocean Family Center. I've also worked with the

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school district of Philadelphia in my earlier years, right out of high school, and currently

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as a contractor for the ELECT program. I've also served as a prison-based doula and lactation

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consultant and obstetrical coordinator for Pennsylvania Hospital. Thank you. Ms. McNeil,

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on the screen, I have your resume at Exhibit 17. Is that correct? Correct, yes. Chair Bergman,

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members of the board, Mr. Anastasia, I'd like to offer Ms. McNeil as an expert in the field

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of Maternal and Family Health and Wellness.

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Thank you.

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Thank you.

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Does anybody have any questions?

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Anastasia, do you have any comments?

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Anastasio, do you have any comments?

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None whatsoever.

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Thank you, Eileen. That's good.

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Thank you very much, Chair.

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Ms. McNeil, I may just refer to you on and off as Salima, too, so I may slip into that.

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But can you briefly explain the origin of the Oshun Family Center?

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Yes. Oshun Family Center was started in 2018, and we got our nonprofit designation in 2019.

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I started this organization as a radical response to the Black maternal mortality rate, which

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is three to four times higher than our white counterparts.

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At Ocean Family Center, we provide racially concordant care to members of the Black community

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who are seeking to achieve optimal wellness.

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We do not pigeonhole what it looks like for the path of optimal wellness, so we offer

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several modalities that include clinical and non-clinical modalities of healing, which

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include but not limited to psychotherapy, doula, and lactation support as our primary focuses

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currently. And can you just give the board some background as to how this impacted you personally?

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