civus
Hearing video

ZBA Hearing - August 19, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Aug 19, 20252h 38m

my exhibits come on so they took parking space with these modular trailers and where they were

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placed in the parking lot which is adjacent to ryan avenue they took parking spaces they've added

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gross floor area which would need increased parking spaces yet they took parking spaces away

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from this site in addition to the fact and i know it was approved but in addition to the fact that

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every time they've come through our neighborhood to to seek special exceptions and or uh variances

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they were always under parking so now they have a situation that was dire and has been made worse

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But that's in my exhibits.

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I'll get to that.

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Okay, Mr. Chairman?

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Thank you.

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We'll look at each one as they go.

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Please proceed.

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Exhibit K.

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School District of Philadelphia, classroom renovations at Lincoln High School, drawing title, zoning plan.

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Drawing number Z1.01, sheet 1 of 2.

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So if you look at this area, I have it labeled as Exhibit K-1.

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the classroom trailers have a total additional gross floor area of 29,230 square feet.

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I'm only taking that off of their drawing.

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That's according to the property owner zoning drawing from April 4th, 2025,

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specifically revision two, ironically titled parking stall count revision, or REV.

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At a parking ratio of one to 1,000 square feet,

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this proposed development would require an additional 30 spaces.

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Now, I haven't taped it off and I haven't measured it, but I'm going by 29,230, but we all know that things change in the field.

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Now, if you look at this exhibit, Exhibit K-2, classroom trailers have a total additional 29,230 square feet.

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Now, if you look at this exhibit, Exhibit K2, Classroom.

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Instead, this zoning table note number three states there will be a net decrease of 78 parking spaces.

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Now, that's drawing math.

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What really happened down the field, we have to check.

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Okay?

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And if you look at that table at the top, parking stalls are posed, 476.

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They were under the last time, which was approved, but they were under the last time.

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They took more spaces away.

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Exhibit L, Philadelphia Zoning Code, Title 14, Zoning and Planning,

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specifically 14-303, Comma Procedures and Requirements,

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this time referencing number eight, Zoning Variances.

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So if you look at this flowchart, decision by L&I, application refused, then there's an appeal by the applicant, a.k.a. School District of Philadelphia, and Dilworth Paxson's Mr. Sklaroff, I'm assuming.

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You do public notice, you meet with your RCOs, you hash things out, you do what's best for all parties to the, you know, the best that can be done.

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And then there's a decision by you guys, the zoning board adjustment.

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room exhibit m photographs of the project site these are photographs that a member of our

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community took on saturday july 19 2025. the city would then object to the photographs showing the

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construction uh taking place of the modular classrooms again it's not relevant to the

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specific question that was raised about whether a special exception should have been required

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What's your response to that?

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My response is typically schools, facilities, when they have these modular trailers, they're independent.

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They stand on their own.

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They're sitting on some type of center blocks or some type of foundation.

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I wanted to let the board know and familiarize them with the fact that this is connected to the school, which cuts off a lot of access.

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access for public safety, access for students and staff.

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I'm sorry, this all require expert testimony for all of this.

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Excuse me, I'm sorry, this is the court reporter.

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I'm having great difficulty hearing Mr. Sklarov.

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You did close your point.

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I'm sorry, usually that's not an objection, not being able to hear me.

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I'm going to make just an observation by way of an objection.

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These issues that Mr. McDermott is testifying about are in the realm of an expert.

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We don't have expert testimony here, but let me also point out the school district readily admits that it got a permit for and is building an assemblage of modular classrooms for the benefit of the students and the community and the city.

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So we're not in any way disputing that classrooms are being built and students will occupy those and educational use will commence very shortly.

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So, Mr. McDermott, I agree with him. We don't need to see the photos. We all agree that something's gone there, right? And we don't have to see it. The question really is L&I's actions, okay?

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Okay. I only included then, Chairman Bergman, to familiarize the board.

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Sure. Thank you.

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the remainder of the exhibits are photographs okay yeah i i okay yeah we're good i think we

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understand what's going on and you know um what else is part of your presentation that's it

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you know the neighborhood just

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as the as the process is codified right under title 14 right when things don't follow the

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tables the chart this is black and white this is not an opinion this is black and white these

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are charts these are tables and when processes aren't followed people get neglected people are

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left out of the process and the community has had a long relationship not only with the school

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district but particularly this campus in 2006 someone else that's going to testify here in 2006

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a brand new school was built and was built specifically at a smaller size than that

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existing that existing abraham lincoln that was first on the site it was made smaller more compact

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more focused on keeping the population down for numerous reasons right anytime you have a large

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crowd of people you're going to have an opportunity for more problems right class size smaller

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population smaller so 2006 2007 that was all hashed out by uh then council councilwoman

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joan kerjewski and the community numerous meetings numerous meetings

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Joan Krzyzewski, and the community, numerous meetings, numerous meetings, but they tried to find a middle ground.

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There was agreements, and some of them agreements were abandoned and were not kept.

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Fast forward to 2018 or 19, another process started.

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Another process started for the need for an elementary school in the area.

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So Mayfair is busting at the seams, trailers.

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Ethan Allen, busting at the seams, additions.

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Forrest got a little schoolhouse.

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There's a brand-new Thomas Home being built right now.

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Pollock is getting kind of renovations.

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Please, ma'am.

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I understand all that, but I think we've got to go back.

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It's all about L&I.

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It's not what's happening other places, okay?

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I was only saying that for the process.

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And then we had another process.

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Attorney Matt McClure, on behalf of Ballard Spar, he came in front of us.

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We hashed out in a community benefits agreement.

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the community was included okay neighbors started calling off the hook about trailers being delivered

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the street being shut down it was problematic and there's mud everywhere everywhere thank you

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mr reuter do you have any cross just very briefly um mr mcdermott uh you've you've stated uh several

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times you've made reference to the community uh you said that you're a member of the mayfair

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community association um do you hold a position as an officer of the mayfair community association

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yes i do okay and did the mayfair community association take a vote to authorize you

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you to take this appeal say on their behalf we took a the board discussed it and there's people

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here that i understand but so are you saying this is an appeal of the mayfair civic association or

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is this your appeal i filled out the paperwork and the may for civic association are behind this

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appeal okay that's fine now you also briefly made mess you've shown in your initial photographs

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and you've also referenced several times the existing school the previous school the existing

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school uh whether it's right whether it's um lincoln high school or the propel school or the

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me in school so you there's no dispute that there is an existing school located at 3201 ryan is

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that correct correct okay i have no further questions sclera you'll you'll get a warning

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mr mcdermott i have just a few questions that's fine uh mr mcdermott uh you filed the original

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appeal on a and sent it to uh the board of license and inspection review have you since

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we last met filed an appeal on the application for appeal papers issued by the zoning board

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81-49 yes did you send us a copy of that yes when did you do that by u.s mail when i did it

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I talked to the board. The board told me to have it in by a certain time.

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I sent it in. I included a check, and I sent copies to the school district, and I sent copies to Dilworth-Paxson.

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The board will look at the record for that.

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You looked through the L&I archives, is that correct, in formulating your exhibits originally and today?

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did you look through the archives on the internet under the zoning board website

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with lni's website to look at the historic plans and approvals that are of record at the city lni has

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a tab license inspection tab under the atlas.phila.gov i don't know what he's talking

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about the zoning there's a tab okay zoning doesn't have the zoning tab doesn't have any of these

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permits any of these files on there there is a license and inspection tab which has a history

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of all the zoning permits building permits electrical permits mechanical permits plumbing

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permits you uh attached to your original materials and exhibits a notice of referral and refusal

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uh dated uh july 24th 2019 do you recall that document yes i do um and did you read that

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document yes i did did you uh notice that in one of the paragraphs that are toward the end

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it says um application and it mentions an application 060126 that's the calendar number

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The zoning board of adjustment granted the erection granted the erection of a new of two new structures, etc, etc. And at one point it then says with a maximum of

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etc etc and at one point it then says with a maximum of 423 parking spaces including 12

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accessible parking spaces did you read that yeah and is that part of the zoning board's

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uh opinion and judgment in that matter this this facility excuse me just yes or no

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So I'd have to look at the document, Mr. Scholar.

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Okay, I'd have to look at it.

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This right here is a refusal and a referral from previous.

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does it refer to the record of the zoning board at 2006 when uh they put a maximum on the parking

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of 423 parking spaces is that what it says with a maximum of 423 partners including 12 accessible

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parking spaces are there more than 423 parking spaces i don't know we'd have to count i don't

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haven't counted off but as long as they don't exceed that there's nothing wrong with the zoning

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boards um with l and i's approval is that correct i don't i don't work for l and i okay all right um

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i'd also we'll get to argument on okay 2006. do you have any other witnesses hold on a second

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Can I ask another question? Your appeal is based on your position that the school district needed to get a special exception because the modular classrooms are in educational use. Is that correct?

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so if that's not true there's nothing more for us to discuss so i'd like to have us focus

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on whether we needed a special exception hold on hold on a minute legal question

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this this project has a referral under the special exception for the structures

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no in this it should oh it doesn't i know that's what we're talking about

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And they should have a refusal because they took away more parking spaces and added more gross floor area.

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Let me go back.

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Do you have any witnesses you want to present?

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Sure.

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You know what?

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I had other exhibits at the end that were after these photographs that they don't want to see.

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They don't want to show you the abomination.

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I don't know if that's the case, but...

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that's fine

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yeah i have a marty benaric is here marty benaric is a former schooler he'll tell you

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yeah is he here yes mr bernard

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Good morning, Mr. Pernarik.

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Good morning, Mr. Chairman.

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Could you please state, a little closer to the mic, if you would, bulk towards you.

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That's it.

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Could you please state your name and spell for this phonography?

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Yes, Martin Bednarik, B-E-D-N-A-R-E-K.

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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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I do.

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So, Mr. Paneric, your testimony should be about L&I and the issues relative to that, okay?

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So, please proceed.

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Yeah, I just want to clarify this parking.

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This is a campus that has other schools on it, namely Propel Academy has Lincoln on it, Austin Man, and the Lincoln parking lots.

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And what's happening here, that 400 and some number that's being referenced is,

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we, the community, don't understand what is included in those number of parking spaces.

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Where are they from?

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Because where these trailers are placed right now is they took off 78 spots, 78 parking places.

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And there's no regards to putting these in anywhere else on the campus.

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As far as using spots from the part of the campus that has Propel Academy on it, those parking spots are not even close to...

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Those parking spots are not even close to where somebody could park and then walk.

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It's a pretty good walk.

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So I don't know what's included in that number, and I think Al and I should know, too.

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Okay, so that's why I'm here, is about the parking.

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Mr. Woodard, are there any questions?

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No questions.

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No questions.

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Thank you very much, Perf.

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We appreciate you coming in.

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Thank you.

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i'd like to call donnie smith from the mayfair neighborhood

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morning mr smith

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i try to sit as close to the mic as you can please state your name and spell for the stenographer

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donnie smith uh smith do you swear or affirm to tell the truth the whole truth nothing but the

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truth yes mr. Smith again if you would your testimony should be talking about

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Illinois okay I'll do my best yeah please proceed well to be honest with

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you I wasn't prepared to speak today you know I'm here I actually told you I'm

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here as a as a past president of the Mayfair Civic Association with an

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extensive history of the entire school district of Philadelphia's projects from

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the demolition of the original building to its current status right now I'm

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I'm sorry. So I'm not quite sure what I can speak to with relevance to the L&I testimony, other than the fact that I do understand Mr. McDermott's presentation with regards to the formal process and how it's supposed to go through an RCO hearing prior to coming before you guys.

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So that's pretty much where I am right now.

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If you have any questions, what do you have?

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You have to cross, sir.

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No crossings.

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No questions.

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Okay.

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Thank you very much for coming in.

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We appreciate it.

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Thank you.

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