Planning Commission - Regular Meeting

Wednesday, May 6, 2026

The Planning Commission recommended approval for a zoning map amendment on Kelly Street to rezone three parcels from residential to urban industrial for affordable housing. However, the Commission recommended denial for a conditional use application for a custodial care facility on Banksville Road, citing concerns about the operational and communication plans and their potential impact on public safety.

About this meeting

Government Body
Planning Commission
Meeting Type
Planning Commission
Location
Pittsburgh, PA
Meeting Date
May 6, 2026

Transcript

178 sections (from 457 segments)

0:00Speaker 1

And then the other piece was

0:13Speaker 1

I'm just going to check the only person we don't have here today is Peter, right?

0:24Speaker 1

Remember Peter's out here today. back to George. Here's

6:54 – 7:09Speaker 1

verify. Are we about a minute out from uh going live on YouTube, please? And thank you. YouTube is live. Um and the court reporter is on. Court reporter is on. Correct.

7:07 – 7:56Speaker 1

Thank you so much. All right. We're about a minute out from start. I got more. I already got into I got another couple packs and I think I roll those too. Those are for the end of the day.

7:58 – 8:42Speaker 1

All right, it is two o'clock. So, good afternoon and welcome, beautiful people. Welcome to the planning commission for May 5th, 2026. Sounds like the recording is in progress. All right, so uh first item up, we're going to go ahead and do roll call and I'm going to call Commissioner Burton Faulk present. Commissioner Hunt, present. Thank you. Commissioner Interiano, present. Thank you. Commissioner Kelly, present. Thank you. Commissioner O'Neal, present. Thank you. Commissioner Reppy, here. Thank you. Commissioner Vatz, present. Thank you. And Commissioner Walker, present.

8:39 – 9:59Speaker 1

Fantastic. All right. Next, I am going to um share with you that you are all here for the hearing and action portion of planning commission for today. Uh that means we're going to hear the applicants. We're going to open the floor for public testimony. Commission will deliberate and vote at that time. I'm going to read through the agenda for May 5th, 2026 and it is as follows. Agenda item A is approval of minutes. Agenda item B is correspondence. Agenda item C is hearing and action. There are two items under hearing and action that is DCP- MPZC-2022-0000250 at Kelly Street. Item number two under hearing in action is BDA-2025-12382 at 1070 Banksville Road. Agenda item E is the director's report. Moving back up to agenda item A, which is approval of minutes. Commissioners, we have before us, and I'm going to take these separately, uh, approval of minutes for April 21st, 2026. Assuming that you have read and have no edits, do I have a motion from the floor to approve?

9:58 – 10:40Speaker 1

So move. Thank you. Do I have a second? Second. Thank you so much. Uh, I will do roll call. Commissioner Burton Faulk. I, Commissioner Hunt, I. Thank you, Commissioner Interiano. Hi. Thank you, Commissioner Kelly. Hi. Thank you, Commissioner O'Neal. I Thank you, Commissioner Repy. I Thank you, Commissioner Vatz. Hi. Thank you. And Commissioner Walker, I. Thank you. Moving on to the second set of minutes for approval are for April 7, 2026. Assuming there are no edits, do I have a motion from the floor to approve? So moved. Thank you. Do I have a second? Second.

10:37 – 10:58Speaker 1

Thank you. All right, I'll do roll call. Commissioner Burton Faulk. I uh Commissioner Hunt. Hi. Thank you, Commissioner Intero. Hi. Thank you, Commissioner Kelly. Hi. Thank you, Commissioner O'Neal. Hi. Thank you, Commissioner Repy. Hi. Thank you, Commissioner Vatz. Hi. Thank you. And Commissioner Walker, I.

10:56 – 12:56Speaker 1

Thank you. That concludes the minutes for May 5th, 2026. Moving to correspondence. The correspondence before us for May 5th, 2026 is as follows. Regarding item DCP- MPZC-2022-0000250, Kelly Street resoning, we are in receipt of correspondence from the Urban Redevelopment Authority. regarding item DCP-ZDR-2025-12-920 at 3081 Sarah Street. This is the Southside Gateway sign. We are in receipt of correspondence from Southside Community Council. Regarding item BDA-2025-12382 conditional use custodial care facility, we are in receipt of correspondence from the following. Denise Rder, Paul Rder, Liz Lappy, Teresa O'Brien, Bob and Deb Weiss, and please forgive me if I'm pronouncing anything wrong. Uh Peggy Rother, Dan Deezy, state representative, 27th Legislative District. Wayne Fontana, state senator, 42nd Legislative District. We are in receipt of correspondence from Bob Palamina, Alageney County District 12 representative. We are in receipt of correspondence from David and Elizabeth Sling. We are in receipt of correspondence from Frank J. Thous. We are in receipt of correspondence from Kristen Hayward. We are in receipt of correspondence from Ralph Secudo. And we are in receipt of correspondence from Michelle Bertini, which includes a

12:53 – 13:52Speaker 1

signed petition. That concludes correspondence for May 5th, 2026. Now we are moving down to agenda item C, which is hearing and action. I'll read through both again. Hearing an action item DCP- MPZC-2022-0000250 at Kelly Street. This is a zoning map amendment. Item two, BDA-2025-12382 at 1070 Banksville Road, Conditional Use Custodial Care Facility. Moving back to item one, DCP- MPZC-2022-0000250 at Kelly Street zoning map amendment. This is in the Homewood West community and Mr. Franker uh will be presenting. But first, we will hear uh from the zoning administrator.

13:50 – 14:34Speaker 1

Good afternoon, commission members, applicants, and community members. As we have a larger than normal audience today, I wanted to take this opportunity to share some housekeeping items and give you some guidance on what is happening um for our applications. Um as far as housekeeping goes, there are water fountains and bathrooms in the hall if you go out the door and just to the left. Um there are also trash cans in the lobby. Um if you need additional sustenance besides water, we have a self-service market with a kiosk that's all the way to the left. Um, so if you need electrolytes, soda, a Snickers bar, whatever it is to help you get through this afternoon. That's right. Um, we have most of that available in this floor.

14:31 – 16:30Speaker 1

Um, I am going to, uh, uh, give a little bit of background and guidance on what this first application is and then we'll go through that process and then I will come back and provide guidance on the second application. The first application before the planning commission today is a zoning map amendment. Map amendments are changes in the location, extent, or boundaries of zoning districts on the zoning map. Reszoning of property from one zoning district to another is considered a zoning map amendment. A zoning map amendment is allowed subject to a hearing and recommendation of the planning commission followed by a hearing and decision by the city council. The function of these hearings is to determine whether the map amendment is consistent with the public interest as expressed in specific standards and criteria established in the zoning ordinance. Zoning map amendments are allowed because of community's change. It is sometimes necessary to change the zoning ordinance either through the text or the map to align with updated land use patterns or needs in the city. The applicant must show that the proposed map amendment meets the specific criteria in the zoning ordinance. Today, our hearing will progress in the following order. First, staff will present our report, including the review criteria established in the zoning ordinance. Second, the applicant team will present their application. Third, the public, both in the room and online, will be given the opportunity to provide testimony in reference to this specific application. Each speaker will be limited to 3 minutes to speak. Duplicate testimony is not necessary. You can simply state that you agree with testimony already provided. The planning commission will then have the opportunity to ask the applicant questions and discuss the application

16:27 – 18:27Speaker 1

any potential conditions and uh their recommended motion. At that time, the the planning commission will then make a motion and vote on it. Once the planning commission has made a recommendation, either a positive recommendation or a negative recommendation, the project will proceed to city council who will then hold a hearing and make the final decision. Once we get through uh steps one through five, we will then be moving on to the second application. And so for now, I will turn it over to Joe Frer who will be providing the staff report on our first application today. Good afternoon, commissioners and members of the public. I will read in the case and then turn it over to the applicant team for the presentation. An application for a zoning map amendment DCP MPZC 202200250 was filed by MOSS Architects on behalf of the urban redevelopment authority. The property owners to reszone three parcels in the Homewood West neighborhood from residential single unit detached low density to urban industrial. The involved parcels are bounded by Kelly Street to the north, Formosa Way to the south, a residential home on the parcel to the east, and an office and institutional building on the parcel to the west. The subject parcels are adjacent to an existing urban industrial district. A map of the proposed resoning is attached to your hearing report. The parcel immediately to the west is also owned by the urban redevelopment authority and is already zoned urban

18:24 – 20:23Speaker 1

industrial so it is not subject to this zone change. The urban industrial district allows a broader set of uses on the site including [clears throat] multifamily residential than what the current R1D lowdensity district allows. A copy of the site development standards for the urban industrial district are also attached to your report. Multi-unit residential in the UI urban industrial requires a special exception approval by the zoning board of adjustment. The residential compatibility requirements of the zoning code will impose certain development constraints on the site if the property is reszoned to urban industrial. These would apply to the rear and eastern sides of the site. In 2023, a similar reasonzoning was approved as part of council bill 20231393 to reszone parcels on a portion of the block on the northern side of Kelly Street from R1DL to Urban Industrial. A development activities meeting was held virtually on March 12, 2026 with the Homewood Community Development Collaborative, the registered community organization for this area. A summary of that report is also attached to your hearing report. The resoning application was also res reviewed for compliance against the Homewood comprehensive community plan. A copy of that com plan conformance report is attached to your hearing report. Property owners within within 150 ft of the proposed zone change were notified of the proposal via mail. Notice was also posted on site and on the city planning web page. The Department of City Planning has received an application, a building development application for redevelopment of the site that will be reviewed should this zoning approval proceed.

20:21 – 22:21Speaker 1

The applicant statement of compliance with the review criteria is attached to your report. With that, the recommended motion is that the planning commission of the city of Pittsburgh recommends approval to city council of the zoning map amendment DCP MPZC 202200250 as filed by Moss Architects on behalf of the property owners, the urban redevelopment authority to reszone these three parcels from residential, single unit, detached, low density to urban industrial. With that, I'll turn it over to the applicant team. Thanks, Joe. And good afternoon, commissioners. Um, my name is James A. I'm the director of real estate development at Action Housing. Um, I'm here with Katie Septus from Moss Architects, um, who's part of our design team. um as well as ML Meer, the senior director of real estate, if I got that right, from the Urban Redevelopment Authority of the city of Pittsburgh, um who's the property owner. Um Action Housing, um is serving as the developer on this project. Um just briefly, um Action Housing is a nonprofit affordable housing developer located here in Pittsburgh. Um we've been around for almost 70 years. Um, and we develop, own, and operate affordable multifamily rental housing um throughout Alageney County. We currently have about 2,000 units of of um affordable rental housing. Um, and the two pictures on this on this slide, which you'll you'll recall from the the briefing, are our most recent project, Flats on Ford, which is located on Forward Avenue, um, uh, at the foot of Squirrel Hill as you come off the Parkway, and Pen Matilda Apartments, which was designed by Moss Architects, um, and is located in the Bloomfield Garfield neighbor u neighborhood of of Pittsburgh. Both of

22:19 – 24:01Speaker 1

these are fully affordable um projects and similar in in scale um to to what we're proposing here. I'll also note that as part of our application um a letter of support was submitted by the Urban Redevelopment Authority as as the property owner. So to reorient you to the site u to the project site um it's located just east of the intersection of Fifth Avenue and Kelly Street, right where Fifth Avenue turns into into Washington Boulevard. Um, you can see the the bakery square kind of in the top left of this image and the project site in red. If we move to the next slide and kind of change the orientation is a closer view of the project site highlighted in yellow there. Uh, fronting Kelly Street. So to the right in this image, you can see the more commercial nature of Washington Boulevard. Um, then it transitions more to a residential nature as you move into Homewood West neighborhood. And on the next slide, um this is an image of the of the parcels. So it's this development site is made up of four parcels. Um the three vacant lots that are under consideration for reszoning or in the image on the left, um these are are lots that have been vacant for over 20 years. Um the image on the right is the fourth parcel. Um, this is a a former UPMC building that was vacated a number of years ago, was transferred to the URRA um with the express purpose of facilitating an affordable housing development somewhere down the down the line. And I'll hand it over to Katie to dig into the the details.

23:59Speaker 1

Hello. Thank you. Hi.

24:01 – 25:59Speaker 1

Um, so uh what you'll see here is the zoning map, the current zoning map. And so the collection of four parcels that James mentioned are they currently are split between two different zoning districts. Uh urban industrial which is the brown zone. Um and residential detached single family load density which is the small island of pale yellow. The three lots highlighted in red are the three lots under consideration for the zone change. The former UPMC building that James mentioned is um the structure just to the left or the west of these lots. That's the fourth lot that compiles are um what would be the consolidated full site for our project. Um, the lots directly to the north along the block of Kelly Street are all zoned currently as urban industrial as well as the lots to our west are are zoned as urban industrial. Um, these maps are historical photos showing um the development of this site, all four lots over the course of several decades. As James mentioned, the three lots under consideration have been vacant for over 20 years. Um, as uh noted in the photo in 2004 where you can clearly see the the lots are vacant. This is just additional um historical documentation both street view um of the three parcels under consideration um and an aerial view. So, why do we need a zone change? Um, the UPMC lot um and the three vacant

25:54 – 27:53Speaker 1

lots um have been identified as um a use uh for affordable housing um collectively. Um, and urban industrial, while it's also this the district that's kind of predominantly around us, allows for us to have the ability to build multifamily housing, whereas the single family residential low density does not allow for that use. Um, just as a reminder, this land was donated with the intention of building affordable housing, which our project aligns with. Um, and that also aligns with overall goals of the city to increase housing options and affordability um throughout, but it also aligns with the home word cluster plan. Um, so the cluster plan identified um goals for infill housing on Kelly Street um as well as gateway enhancement into the Homewood West neighborhood. And so our project would provide both of those when completed um creating kind of a new gateway threshold into the Homewood neighborhood. So what we're proposing here and at this slide I always um make a point to say that we are at the very early stages of what's a really long development process. Um and so what we're showing here and what we're proposing is really schematic in nature. Um so kind of a first step to to test feasibility um test fit the site and see what can um can be accommodated on site. Um but the the project that we have now in front of us is a a low-inccome housing tax credit u multifamily rental uh project that would hold about 38 um apartment units. Um 10 of those would be set aside for a population with specific needs. And what that means on previous projects is anything from seniors or veterans to individuals with physical or intellectual disabilities, youth aging out of foster care or some other

27:51 – 29:51Speaker 1

population that that fits the needs of the of the community. Um the affordability on this on this project would would um have a cap uh for anyone making at or below 60% of area median income. Um what that translates to is a single person could be making up to $45,000 a year. um a a household of four could make up to $64,000 a year. So, anything at that cap and below would be eligible for for this housing. And as we do with all of the all of our projects um at Action Housing, we would accept housing choice vouchers that would provide an additional level of affordability. If we look at the next next slide, um it gives an idea of where where we're at in the development process. Obviously, this is um the first step in in a long timetable. So the the litec process um tends to be about five years from beginning to end. If if everything moves moves smoothly. Um so we're here in front of planning commission. Um pending the the verdict here. We would move on to city council. Um there will likely be the need for some small u uh zoning appeals. Um, and then we would look to make an application for the tax credits, which is a a competitive process that would happen likely later this year with a decision by the middle of 2027. If all of that goes well and we're we're approved for for funding, we would begin our design process in earnest. Um, that typically takes about a year to go through the full design and procurement process, permitting, pricing, all those good things. And then we'd be into construction in in late 2028, early early 2029. So, we're really talking about a a a process here where the building would come online in 2030 or 2031. So, the first of many um long steps. So, yes, as James mentioned, we're still very early on in the design process. Um but we have developed a kind of initial

29:48 – 31:47Speaker 1

schematic conceptual design for the project just to confirm that we can fit the required number of units for the litech light application um and other various kind of um need building needs onto the site. So the red box it's showing the outline of those four parcels um collected. The ground floor of the building will be similar in nature to other structures that are on Kelly Street that are actually raised above um the Kelly Street uh street elevation by a number of feet. Um so it would our ground floor level would match that of the existing UPMC building and the adjacent houses. Um, what that allows for is an opportunity for landscaping along the stretch of the building facade on Kelly Street to provide accessible entry into the ground floor level. Um, we're also providing off- streetet housing for the residents which will be accessed off of Formosa away. Um, there's also off- streetet uh loading spot that will be there and that will also be landscaped and screened according to city planning requirements. Um the building uh ground floor will mostly house amenities for building occupants, but we are proposing a community room that could be accessed both by building occupants and the community at large. That's currently planned for kind of the upper right side of the ground floor plan. And that has an outdoor space associated with it. As you move to the upper floors, um the second and third floor and fourth floor would have a mix of studio, one bed and two bed units. The mixture has been um flushed out relative to kind of our current understanding of what the community is asking for from a um a typical unit size, but that's something that is subject to change as the design actually evolves. Um,

31:47 – 33:47Speaker 1

and from a general massing perspective, um, we really wanted to be sensitive to the fact that there are still existing single family homes, um, on our block. Um, so as you move from Fifth Avenue, which is kind of on the right side of this image, closer to the houses, we're taking an approach of stepping down the scale of the building to help more be more reflective of the the scale of the houses. So, both in um overall massing, the building starts to break down to be in a similar width proportion of the residential um single family units, but also it steps down in height um as you get closer. We've also provided um if you recall that open um space area off of a community room provides a landscape buffer between our building and those adjacent homes. So going back to the concept of this building acting as a gateway um from Fifth Avenue along Kelly Street into Homewood, we feel like one, it provides a buffer zone to those existing homes of a similar type of use. Um but it's also creating this additional new development gateway threshold for the community at large. Um which will hopefully um be successful in spurring other development that that aligns with the cluster plan. And then we wanted to um to highlight the community engagement that has been done to date. Um this began back in 2022 when we first uh took a look at the site. um we stepped away from it just due to other commitments in our development pipeline and then re-engaged this last fall um looking at the at the site in earnest. Um so for the last 6 months we've met with uh local stakeholders, elected officials, um community uh community groups and and maybe most importantly neighbors um which culminated in the development activities meeting in March um and then the briefing two weeks ago um in this

33:43 – 35:29Speaker 1

forum and um as we as we explained in all of these meetings, this isn't the the the final piece of community engagement by any stretch. Um, you know, there will be city council meeting, there will be uh zoning zoning board meetings, um, as well as the the public process that the urban redevelopment goes through when they dispose of of uh of their property and their their oversight on on uh proposed projects. So, this is um this is just the beginning of a long a long list of community engagement. And then project benefits. Katie touched on these. I won't I won't read read off this list, but I will just highlight that um that this project would remove uh a vacant building and and long longtime vacant parcels um or vacant land from the from the neighborhood and return it to productive use. Um uh the as as Katie mentioned it, we feel it provides a natural transition from the more commercial nature along Washington Boulevard to the more residential na nature of the Homewood West neighborhood to the to the east. Um, and then finally, it aligns with with community plans. Um, so the neighborhood priorities and goals that are embedded in the cluster planning and the and the comprehensive plan um uh align with with what we're proposing with this with this project. And and finally, of course, it provides more affordable housing, which is a a stated priority um of the city and the county and a and a need for for all of the residents. And the final slide is just a is just a summary of the um of the map kind of the proposal that we're we're asking for here which is a reszoning of of three of the four parcels from R1DL to to UI. And that's it.

35:27 – 36:02Speaker 1

All right. Since that concludes your presentation, thank you very much. At this time, we open the floor for public testimony. Is there anyone here or online uh that wishes to speak based on this application? Don't all run up at once. I won't know what to do. Anybody on No online? No. Okay. Thank you. All right. Um commissioners, at this time, are there any uh comments or questions uh from the commission?

36:00 – 36:42Speaker 1

Just just one question. I'm not sure if this is for the applicant or for the department, but um and you know, maybe this is a philosophical question, but you know, we now have this kind of like island of R1DL in the middle of urban industrial. Like, was there any thought put into reszoning that entire portion so that you know, we don't just have the same problem again in the future? Apologies. There's some kind of feedback. I'm not sure what that is. So, I don't know who I I don't think it's necessarily a question for the applicant. I understand what you guys are doing. Sorry, the court. This is a court reporter. Yes, I'm sorry. Can you hear me? Yes, we can hear you.

36:41 – 37:24Speaker 1

Yeah, just a reminder for the commissioners to announce who they are before they speak. Who was that? Sorry, it's Commissioner Vats. Thank you. Thank you. We'll make note. I can speak a little bit to that. So this was an applicant initiated resoning. So for applicant initiated resonings, they need to be on the parcel owned by the applicant. Um council if it was introduced by council or by the department of city planning, there would be the opportunity for a larger resoning, but this one was initiated by the applicant team. Okay. given that uh answers your uh Commissioner Walker

37:21 – 39:21Speaker 1

uh to uh Commissioner Vat's question um and this maybe is a question for the for the department as we're thinking about planning and the adoption of community plans or the adoption of the comprehensive plan. Do we intend to be proactive about ident? Yes, we have developers who may come and initiate applications, but are we thinking about um how to uh sort of take a I guess a more of an aerial view around how things are zoned and creating the potential for different types of developments proactively versus in response to applicant-driven zoning requests. Thank you, Commissioner Walker. Um, this is Carolyn Rest, the zoning administrator. Um, to speak to the bigger picture, I think at this point, um, we with the process of the comprehensive plan, we are beginning to, um, you know, set the stage for those bigger conversations about what makes sense for our city as a whole. Um and um as we've shared before, the intention is once the comprehensive plan is finished that we are then going to uh be initiating a full code overhaul rewrite, you know, whatever the the phrase that you prefer, but that will include um a new zoning map as well. Um so while um under normal conditions you know there there would be an opportunity to have some of those bigger picture conversations now I would say given those conditions it doesn't make sense to go too far down the road of well should we be changing this because once the comprehensive plan is done we're going to be doing that citywide. Um so there will be an opportunity at that point to address issues like this. Um, you know, there's this issue here. I'm sure there's many more places around the city where we have similar kinds of islands that probably don't make sense anymore. Um, so we have that opportunity

39:19 – 39:37Speaker 1

coming to us. Thank you. I just want to make sure that we're not making decisions in a vacuum that could preempt what the comprehensive plan might call for. I think this is a common sense change, but I'm sure that we'll get more of these. So, I wanted to make sure that we're thinking about it holistically, and you confirmed that for me. Thank you, Carolyn.

39:35 – 40:29Speaker 1

You're welcome. Thank you, Commissioner Walker. Um, are there any additional questions or comments, commissioners? If not, our recommended motion here is that the planning commission of the city of Pittsburgh recommend approval to city council of the zoning map amendment for DCP- MPZC-2022-0000250 as filed by Moss Architects on behalf of the property owner, the Urban Redevelopment Authority to reszone parcels 125g 13, 125g G14, 125, G15 from residential single unit detached to low density R1D L to urban industrial uh UR uh UI. My apologies. Do I have a motion from the floor to make the recommendation to council?

40:28 – 40:54Speaker 1

So moved. All right. Do I have a second? Second. Thank you so much. I'm going to do uh roll call at this time. Commissioner Burton Faulk. I Commissioner Hunt. I. Thank you, Commissioner Anteriano. Hi. Thank you, Commissioner Kelly. Hi. Thank you, Commissioner O'Neal. I Thank you, Commissioner Repy. Hi. Thank you, Commissioner Vatz. Hi. Thank you. And Commissioner Walker. I.

40:52 – 41:32Speaker 1

Thank you. All right. So, motion passes. Thank you so much. Appreciate you coming in today. Have a great rest of your day. All right. Okay. Moving on to uh item number two under hearing and action. Hearing at and action is uh item C that is number two BDA-2025-12382 at 1070 Banksville Road. This is a conditional use custodial care facility uh Banksville. Mr. Johnson will be presenting but we will hear from the zoning administrator prior to

41:32 – 43:31Speaker 1

Thank you, commissioners. Um, so as I did with the last application, I'm going to provide some some background and some guidance on what it is that the commission is doing this afternoon. And as a reminder, water fountains, bathrooms out in the hall to the left. Um, and um, yeah, I guess with that, I will get into the details. Um, so the second application before the planning commission today is a conditional use application. A use permitted by a conditional use is expressly permitted in a Z zoning ordinance but subject to a hearing and recommendation of the planning commission followed by a hearing and decision of the city council. The function of these hearings is to determine whether the conditional use application is consistent with the public interest as expressed in specific standards and criteria established in the zoning ordinance. Conditional uses exist because choosing uses to be permitted by right or prohibited for each zone is too narrow for sound planning. Certain uses or activities that might logically be located in certain districts may need to be carefully cited or controlled. Designation as a conditional use allows the opportunity to thoroughly examine the proposed land use to determine compliance with the objective standards and criteria of the code to asssure that the public interest is not violated and to attach any reasonable conditions or safeguards necessary to implement the purpose of the ordinance. The applicant for a conditional use bears the burden of proof and must show that the proposed use meets the categorical definition as a use permitted by conditional use and that the specific standards and criteria contained in the zoning ordinance will be met. An applicant is not required to

43:29 – 45:28Speaker 1

present the particular details of the design of the development such as would be shown on a land development plan at the conditional use approval stage. The courts have advised that the applicant has no burden of proof for general, non-specific or non-objective standards, such as compatibility with the neighborhood or in harmony with the general purpose of the ordinance. Those objecting to the application bear the burden of proof and must prove with credible credible and particularized evidence that the proposed use will not comply with a non-specific non-objective standard. The application for conditional use must be granted where the applicant demonstrates compliance with the specific standards and criteria set forth in the zoning ordinance unless an objector presents sufficient evidence that the use would be detrimental to public health, safety, or general welfare. The mere possibility of an adverse impact is not enough. The objector must show that there is a high probability that the proposed use will generate a harm greater than normally generated by that type of use. For an example, an objector cannot simply claim anticipated traffic increases by a proposed retail facility. It must prove that the traffic increases are substantially different from those normally attendant to the retail facility and will propose and will pose a substantial threat to public health, safety, and welfare. Obviously, the case before us is not a retail facility. So, that was just a general example. Pennsylvania courts have advised that the mere fact that a proposed use would contribute to projected traffic congestion primarily generated by other sources is not sufficient basis for

45:24 – 47:03Speaker 1

denying a conditional use. And so again this application will be following a similar pattern to the prior one. We will start with the staff presenting our report including the review CR including the review criteria and then the applicant team will present their application. After that the public will be given the opportunity to provide testimony both in the room and online. Each speaker will be given three minutes to speak. If you are in the room, please come up to the podium and use the microphone so that it can be heard by those online and the court reporter. Duplicate testimony is not necessary. You can simply state that you agree with testimony already provided. Once testimony has been completed, the planning commission will have the opportunity to ask the applicant questions and discuss the application conditions and motion similar to as they did in the prior application. At that point, the planning commission can make a motion and vote on it. Once they have voted on their motion, the application will progress to city council whether the commission um makes a positive recommendation or a negative recommendation. At that point, the city council has um uh is required to provide a hearing and um then they will be mo voting on the application for the final decision. With that, I will turn it over to Christian Johnson, who will be providing the staff report.

47:10 – 49:08Speaker 1

Good afternoon, commissioners. Christian Johnson, senior planner for department of city planning. An application for BDA 202512382 at 1070 Banksville Road was filed by Bill Sitig on behalf of Dismiss Charities for change of use of the existing building to a custodial care facility. Dismiss Charities operates its residential re-entry centers under contract to the Federal Bureau of Prisons and is a 501c3 nonprofit and all properties all projects are privately financed and owned by dismiss charities. This application includes interior renovations of the existing two-story building accommodating a maximum of 104 in-house residents, 92 men and 12 women. The facility will be staffed 24 hours a day, 365 days a year by locally hired professional trained staff. Because there is no registered community organization in this area, a development activities meeting was not required. However, the applicant met with Banksville Civic Association on February 12th, 2026. A traffic impact study was prepared by Kimley Horn and is attached to this report. Memos from the applicant outlining how this application meets the conditional use criteria and custodial care facility criteria are included in this report. A detailed site plan and landscape plan will be required if this project is approved as a conditional use. These plans were not required to begin the planning commission review or city council hearing process. Supplementary documents to the presentation are included in the planning commission hearing folders. A public posting was conducted via on-site posters, mailed postcards, and email notice 21 days before hearing in action according to 922.06B of the code. City planning staff has reviewed the application against the zoning code, including the criteria for conditional use 922.06E.1 and for custodial care facility 911.04A.94. After staff review, this location

49:07 – 50:08Speaker 1

complies with the use criteria and therefore the staff recommended motion is that the planning commission of the city of Pittsburgh makes a positive recommendation to city council for the project development plan BDA 202512382 based on the application filed by Bill Citig on behalf of dismissed charities with the following conditions. One, a complete landscaping and parking plan be submitted for review and approval by the zoning and and approval by the zoning administrator prior to issuing the final record of zoning approval. Two, all dome permits will be reviewed and approved prior to issuing the final record of zoning approval. And three, the final construction plans, including site plans and elevations, be reviewed and approved by the zoning administrator prior to issuing the final record of zoning approval. I will now turn it over to the applicant. see if I can manage. Thanks.

50:13 – 52:11Speaker 1

Good afternoon. My name is Bill Siddig and I'm representing the equitable owner of the property, Dismas Charities. uh is we got some uh feedback from commissioners at the briefing and hope to address those today and run through the project for the benefit of our neighbors. We have to say um Christian mentioned the community meeting meeting Banksville Civic Association. Needless to say, there's a lot of passion. We understand fully the concerns. Um it's actually my client's soul business and it's a business that I've been involved in, you know, for over 40 years in one form or another. So, we certainly understand the fears and uh we regret that there's any fear, but we just want to compliment. They've been respectful and civil while being passionate, which is uncommon. So, um thanks um for that and hopefully we'll continue to engage um regardless of where this ends up on that basis. So, um, starting where, and I I very much appreciate the zoning administrator laying it out because it's one thing for a lawyer to say that. It's not often wellreceived. Um, and, you know, I would just, you know, concur with how it's framed. Um, the one issue we expect it to be today is the public safety issue, right? Is this anything more than would have been anticipated in a typical custodial care facility? and we'll be able to address questions and I know there was one uh Marcy Cyprieni referenced an incident u from a Kentucky facility where there was a death in Tennessee from somebody that escaped. He was reported as escaped within 30 minutes. Um and uh so it's you know that our criminal justice system isn't perfect but it wasn't you know a local local issue. It wasn't a dismiss issue. um it's a Department of Justice uh Bureau of Prisons. In that case, that

52:09 – 54:07Speaker 1

was a state facility. It's not a federal facility. And to go sort of to the crux of the matter, while there's concerns with anybody in the community, whether they're part of the system, been part of the system, or you know, future candidate to be part of the system, we all have those fears as residents. um this is the this facility and tried to demonstrate that with the um scope of work that we submitted. It's about 170 pages. A lot of questions as asked about how it's going to be monitored, but this is the lowest level and and lowest risk person in the federal system. It's community custody and it's the lowest security level. So technically as determined as best they can I guess by the Federal Bureau of Prisons these are the folks that have been through the system have been adjudicated as the best candidates for reintroducing into the community. Again as we know our system is far from perfect um and we don't offer any guarantees for any of that. Um we'll have the same folks today u Mr. Par is here in person. Uh Kathy and Ken who appeared last week, uh Jeff Depalus is here. Um we don't really think traffic uh and parking are there, but um Jeff will be here just sort of summarizing traffic and parking and the report that he uh issued. Um before I get started and it's part of you know working with um the zoning administrator and Mr. Johnson is um we just came across the history of this property and just thought it's part of the public record but in addition to our application, our presentation and the appendices that we submitted just um piece of the public record that I thought might be helpful um as we go forward and it had to do with parking

54:04 – 56:02Speaker 1

and um there was a zoning board decision of adjustment decision 2009 and that was when the property was owned by the international brotherhood of boiler makers local 154. four that happens to be an organization near and dear to my heart. Um they put me to work through school and uh I got to work in power plants and uh steel mills especially steel mills before they closed. So um it's kind of full circle on that. It was then transferred to Fraternal Order of Police. It's a current owner and that it's basically a public assembly. It was union hall, education, and I assume some social functions and u business offices. And what the zoning board did at that time as to parking and we'll see from the site um at that time it was not for the entire site. It was only for um you know a piece of the site for parking and the zoning board approved parking for six spaces in front which as we've indicated would like to eliminate the landscape. 45 spaces that at the time were leased an adjacent parcel and 100 spaces um in a mobile home park that they were supposed to get approval for. We have no record that any of that happened. We do know that 70 spaces are on site, six um in front and the remainder in an existing parking lot total 70. Um we do know when things were a little different um in the planning department at that time in that time frame of 2009 there was a 220 um occupancy permit issued um for this facility and it was office general with um banquet facilities um and it noted final landscaping parking approval pending. So per the planning department's recommended

56:00 – 57:56Speaker 1

conditions, we know we have to go through landscaping and parking. Mr. uh Depalus will say worst case we need 66. We need well less than that. So we're willing to reduce parking, increase landscaping. The other thing we're thinking about to to pro provide whatever we comfort we can without going away is to uh um while it's 10acre site, it's four separate parcels. We're willing to limit um consolidate the parcels if if the city's interested, offer that as a condition and and agree that there's no expansion or increase um so we can at least at least contain it and look forward to any other conditions that we can legally um agree to without running a file of our federal um contract. So, um the um just to reference those decisions, the zoning board decision is uh zoning case 109 of 2009 and the uh Banksville I mean the uh building permit for 1070 Banksville Road is permit number 12-C000039. With that, if I could, I'd like to turn to the presentation. Hopefully we can run quickly through because as zoning administrator notifi indicated this is more about use than than site so much but um this is the entire 10 plus acres as you'll see it is divided into four parcels in the upper right um fronting on Banksville Road is the existing two-story building with the adjacent parking lot. The balance of the site there's some driveways and there's some outuildings but by and large it's wooded. We want it to remain that way and enhance it uh if we can. Um this is the basically the survey of the existing site. To the bottom is Banksville

57:55 – 59:26Speaker 1

Avenue. You see the building on the right and our neighbor who we met two weeks ago um is just in the middle sort of at the bottom on Banksville Avenue. we did not know that was a residence and I'll show you the photos why because we spent a lot of effort but it it reads as a as a vacant warehouse but um so we've now made contact but we hadn't before the briefing uh you can see most of the site is vacant um as I indicated we could consolidate and this has been added the request of the department and it just shows the limited piece of the site that is um zoned NDI so the entire building is on NDI some of the parking driveway parking out front but by and large the balance of the site is in the P district park and that's always been that case. It looks like that had been historically uh some electric uh manufacturing facility before it was acquired by the boiler makers. It had been vacant apparently before they bought it for 5 years. So it was an industrial use. Um and I think that spot just reflects that historic use. And um with that I would like to turn it over to Ken Parr who um gave some information last week and hopefully has some additional information was asked some detail question on renovations and exterior improvements. So Ken you can introduce yourself please and work through the slides.

59:28 – 1:01:27Speaker 1

Good afternoon. I'm Ken Parr. Uh I work with Dismiss Charities. I'm uh the director of design and construction. Uh I'm an architect also and I've worked with Dismas Charities a little over 25 years as their project architect. Um we have some 39 facilities in 15 states. Um and I've worked on most of them. Um, this facility, uh, we looked at a lot of properties here in Pittsburgh and this facility checked a lot of the boxes. It's very close within a half mile of public transportation, which is one of our key uh, elements. It also is 14,000 square ft on two floors. The building is built of concrete block and concrete floors. It's built like a fortress. Uh, and it has a full sprinkler system. And, um, you know, all of our renovation really will be concentrated on the inside of the building. We don't need to put on any additions. Uh, it has plenty of parking for our use. And uh you know we are certainly willing to comply with DOI and uh any landscape or lighting uh that might be a conditional approval. Um this one here this shows the whole site and you can see there are some uh parking lot lights that we would replace uh with more modern uh dark sky fixtures. Um, this is a quick sketch of the front of the building. There are some parking spaces that back directly onto the street that we'd like to eliminate and

1:01:25 – 1:03:20Speaker 1

replace with some landscaping to soften the edge uh of this building. Um, you can see too that there's also uh an area right where all the glass is shown where there's sort of a cascade staircase that we would eliminate. uh it doesn't meet any codes and we'd like to bring everybody in off of the parking lot. There's a a handicap accessible entrance that exists. Uh you can just see it on the left hand side there. These are just some cut sheets of the fixture that we're contemplating for the parking lot. These are wall packs that we would put on the building. Uh part of our program requires a uh state-of-the-art closed circuit television inside and outside the building. We have multiple cameras. I think this building is planned to have something like 39 or 40 cameras in it. This is a layout showing uh how we uh lay out our buildings. Uh we don't use individual rooms. We use dormitories. Uh this would be the men's dormitories on the first floor. Uh and as you come in the entrance there on the left, there's a central monitoring office and that is staffed 24/7. They have the cameras in there. They have the fire alarm systems in there. They monitor the entire building from that office. And they also do walkthroughs uh throughout the day and especially in the evenings both perimeter checks and interior. Uh this is another view. This is for the

1:03:17 – 1:04:20Speaker 1

actual uh contract amount which in our case is uh 100 individuals. This is the second floor. That's where you will find the counselor's office, employment specialist, the director, the admin assistants, uh the women's dorms will be on that floor. There's also a large dining meeting space there. And uh this facility already has a commercial kitchen set up in there that we would improve on. Uh but it's again, it's one of the boxes that was checked when we looked at this uh facility. There's also a really nice covered patio right off of the dining room uh that our residents will be able to use. Um this is our founder, Father Deerson. And you know, unless there are questions for me, I'll turn this over to Kathy, our vice president of development.

1:04:21Speaker 1

We usually wait until the end for any questions. So, so just so you're not feeling like we didn't have any. Okay. [laughter]

1:04:34 – 1:06:32Speaker 1

Thank you. Thank you. I'm Kathy Blue. I'm um vice president of business development for Dismas Charities. Um I've been working in uh re-entry, law enforcement, and corrections for in July. This will be my 46th year. So, I can say that it's been all my life. Uh so as Ken was alluding to um Dismiss Charities was founded by Father Derson. He was a Catholic priest inside the reformatories in Kentucky. Saw men uh releasing from prison with no resources. So he went to the Knights of Columbus uh requested some funds and uh with that and a volunteer staff um they were able to uh invite 15 men releasing from prison and give them a structured housing, food to eat and uh help them and equip them to get housing and employment to be successful in their journey of re-entry. And uh the whole goal was to reduce the cycle of reincarceration. So that that was a picture that we had the last slide of our first u um halfway back. We call them re-entry centers now and it's still operational today. Uh today we have it says 39, but we now have 40 uh re-entry type uh facilities in 15 states throughout the country. We've been operating since 1962. We currently contract with the Federal Bureau of Prisons, Federal Court Systems, and the Kentucky Department of Corrections. So, to give a uh a an analysis of just what the volume of residents that we have nationwide, over the last 5 years, we've served 39,918 clients. And our return rate to our programs is 1.08%

1:06:28 – 1:08:28Speaker 1

within that 5-year period of time. This is just a map mapping out where we are. Our newest um state is the state of Hawaii. Um dismiss charities Pittsburgh. What will it look like? It'll look like this. Clients will be all referred from the Federal Bureau of Prisons or the US District Court system. Uh for the last five years, the average resident's day inside our facility is 42 days and the average age is 40. Uh we only accept referrals. The be the bureau of prisons department of justice refers residents who are in the lowest custodial care possible and they're approved to be released within the community. Uh this is their last step before permanent release and this is a transitional time to secure housing, employment, uh treatment, medical services and to get acquainted. most of them, I'd say 95% of them with their uh the courts because they'll continue supervision through their uh US probation department. [gasps] Uh Ken alluded to interior exterior surveillance cameras. These are recording continuously on a 24 basis. Not only do our staff have access inside the facility, I have access, our corporate staff have I6. Um administrators over certain programs and sections have access as well. uh dismiss charities and the federal beer prisons and the court system have zero tolerance for drugs and alcohol. 90% of our population receive four random tests a month. These tests are set by a computer. So, not even our staff uh um for the integrity of the system itself to work. No, until that time that someone's doing to be called in for a urine analysis.

1:08:26 – 1:10:24Speaker 1

additional ongoing random test. If we suspect testing, we can do it be more than four times a month. Um each client when they relieve every every movement into the community requires uh approval of the director, assistant director, the employment placement specialist or their case manager. There has to be a purpose for you. can't just uh decide you want to go shopping today or hey I just I just want to go out tour the city. That doesn't happen. There has to be a design for that. All of our clients when they first come in they receive an orientation includes a risk needs assessment and uh a individual program plans established with that and approved by the federal bureau of prisons. And then once monthly we have a PRT. It's a program review team that meets. It's officers of the court, treatment program providers, our case managers, and the US uh probation department meet to staff our clients to make sure that they're pro uh pro progressing successfully. They need to be pulled back. They need to concentrate on certain things or they need to be returned to custody. uh since 2000. Um during the client's stay, um we have con we have uh a lot of visitation from probation to meet with their f future clients. Uh so the transition runs smoothly. They're very familiar with the rules both not only at dismiss but the rules that will follow when they go on supervision and the average supervision case are uh three, five and seven years thereafter. Um, and this just gives you a, um, we took a couple local, um, the closest we could get, uh, Greensboro, North Carolina. We're in the

1:10:20 – 1:11:01Speaker 1

heart of downtown Greensboro. Um, we are, um, close to a library, a public library. We're close to a children's museum. We're close to the Tanganger Convention Center. and our neighbors are storefronts on top and apartments on uh on the top. In fact, we share uh we but up the same parking lot is shared by the storefront and the apartments above as dismiss charities was in Greensboro. This is more of a typical installation than the separation on Banksville Avenue. Is that right?

1:10:58 – 1:11:58Speaker 1

It it it is. We have centers um in Nashville, Memphis and bigger metropolitan areas where the main focus is to get somewhere that has great transportation where the residents can get to their employment, get to any services that uh their individual program plan has has a line for them to follow while they're there. And it's not possible if you put something out so remotely that you can't get public services for them. And this is another this is our closest one. I'm sorry it it's not as well as it could be because we're the only one on this little null. Uh we share a road with a uh we're in an industrial park, but right directly in front in back of the park. Industrial Park is a park by the way and also a neighborhood. Uh and they are part of our community relations board and we've been there since 2015 and I think we're about 107 miles uh from there.

1:11:56Speaker 1

And Kathy, if someone leaves unauthorized, what what happens?

1:12:00 – 1:13:17Speaker 1

Okay. the the statement of work which is the um the rules for for how we develop our programs and we're modern by the federal beer prisons uh says that at the point that a resident becomes unaccountable you have to start escape receers we have 30 minutes to first of all we check uh with their contacts would be their and uh we check with the hospitals local law enforcement must see if that person has been in an accident, suffered some kind of medical trauma of some type or has been arrested. Uh at that time, if we can still not locate them, we notify the Federal Bureau of Prisons who issue who uh notifies local law enforcement and the US Marshall Service to pick that person up and charge them with it. it's up to the court, of course, to charge him with an escape. So, um the process runs very um very quickly and we're penalized if we don't meet that 30 minute mark. It's it's it's written in there and you're expected to go by that.

1:13:16Speaker 1

These are just Yeah, we'll just run through this. This is a

1:13:19 – 1:15:18Speaker 1

Yeah, this is a typical Yeah. And we we mixed them up so you could get some. Uh this is how the first one this is more like our our offices and how we meet with our counselors. The next one would be uh this is our conference room where we staff things and sometimes we have uh family orientations in there. Those type of things and just administrative copy room. Uh gets a lot of traffic throughout the day. A dining room. We have a full-size kitchen. We have we serve home-cooked meals and um we believe in that. It's something special about you know you've had processed food while you're institutionalized. So we tell our residents do uh just just slowly work yourself into what a home-cooked meal uh tastes like. So we we believe that's one of the reasons for success. We treat people as as people. And this is a normal dorm. Uh we have single bunks and double depending on the sizes of the dorms. The be the Bureau of Prisons requires uh 25 square feet of unencumbered space which means it doesn't include their locker or their bed. They have to have that additional space by themsel and we're and uh so as you move on this is a day room where we have the computer set up with their printers. they could uh right now we do permit as long as we verify they have on-site interviews but a lot of the initial work for employment is done online because most applications are online now. Uh typical showers we are ADA acceptable I mean accessible and all things including the height of our counters on our sinks. uh we have h handicap accessible washers and dryers and I wanted you to speak to that to that one because this was a major concern. So

1:15:16 – 1:15:55Speaker 1

So we were trying to we had received some questions about uh we had Megan's law questions specifically and there's a five resident limit in personal care homes. We believe you know my research is this isn't you know personal care. these folks are are still not [clears throat] free to go. So, we don't don't think that applies. Um, but we we recognize that that state regulation is there, but we don't think there's a Megan's law issue. So, we we wanted to get and Commissioner Kelly, you know, certainly got our attention talking about schools. Plenty of questions. I'll let

1:15:54 – 1:17:51Speaker 1

talk to you, but I just want to let you know, we were responding um that there's a school. I think the closest one is as a crow flies 1.4 miles. Um wanted to just show um the school that is 1.4 miles to the is is in the center of that um the drawing and um as you can see there are a number of registered sex offenders that are within a half a mile that exist now. And this is just to show um just in the city of Pittsburgh, you're talking about offenders, there are 2,000 of them. Um these Megan's law, this is just Megan's law. These are not anyone else. These are just registered and they're either places of employment or residences. Um so part of this is that they're they're in the community. Um they're all around us. these folks are actually going to be monitored and we tried to find and I submitted some of these appendices you know there is the perception of lowering property values and that just hasn't been I couldn't find any of that people have looked at it um you know from the community level trying to challenge it diminish property values and while no site is good if it has your attention as a resident like personally I wouldn't look at Megan's law and want to know for my daughters where somebody was cuz I didn't know that that would end well. Um so um yeah, they're they're there and you know we have to be aware of it. So if anybody anyone like that was in my neighborhood or if I was given notice of that meeting, I'd understand the feelings and nobody cares about evidence. But we, you

1:17:48 – 1:19:47Speaker 1

know, I personally did an extensive good faith look at it and um there's no um increased recidivism. There's no increased local crime. Um there will be anecdotal issues. I've heard them in hearings before. I've been there, you know, representing. I've had hearing public hearings on records where I've had local police officers with street experience talk about street crime, you know, breaking into cars and, you know, being in that area. It's all anecdotal. The national, you know, information um is, you know, does doesn't support that this is this is an increase. But while to the people in this room it gives you no comfort, you basically can't pick a better site. So if you want it to be somewhere and if your radius is going to be a mile and a half or three miles, there's no way that you don't get um you know some serious bad evil people that that are living and working in your neighborhoods. And uh so as you can see we're very much to the left the you know far side of that. We're not in the middle of where most of the the residents are up here. um we're away from that and um we we really don't think that we are contributing to that and we made a good faith effort to do that knowing that nobody's um you know going to give any you know comfort particularly with that um because you know you can't guarantee and we saw the 2018 incident somebody can walk off they can be charged with escape they can be looking at a minimum uh sentence of two and a half to 5 years for escape but um that obviously didn't deter them and you get bad results. So that that was our best effort. Um Jeff Depalus is here. I can very quickly just mention his

1:19:45 – 1:20:23Speaker 1

traffic and parking study. If you're interested in any of that, we don't think it's particularly um there's there's lots of parking and there's lots of access. Um and I unless um unless the commissioners u want to hear from that, we'll just rely on our submission. And commissioners, if we uh do have questions as it relates, then we can call um you know, call upon that at that time. Uh unless anybody sees it any differently. Hearing no. Uh does that conclude? It does.

1:20:21 – 1:21:27Speaker 1

Okay, very good. Thank you so much. uh given that concludes the presentation and may have addressed some or in part uh some of the commissioners uh questions from briefing. At this time we open the floor for public testimony. So uh one of the things that I want to be mindful of while we begin public testimony is one uh we do have a court reporter. The court reporter happens to be online. Because the court reporter is online, we'll need folks at the microphone at the podium, we need you to state your name, your address, uh, and if you're representing yourself, that's fine. If you're representing an entity, you know, please let us know that at that time. There there's three minutes in which to uh give your testimony that will be uh timed. Vice Chair O'Neal uh will be timing that. So, we'll go ahead and start with you, sir. Thank you very much for coming in, and thank you to all of those who have come in as well prior.

1:21:26 – 1:23:24Speaker 1

Uh, good afternoon, planning commission, and thank you for allowing me to speak here today. My name is Ralph Sakuro. I'm a resident at 1908 Shelley Drive in the Banksville neighborhood. I'm here to respectfully oppose the conditional use application for the proposed dismiss charity facility at 170 Banksville Road. This is not an abstract concern. This is based on documented world real world outcomes from this facilities facilities just like this one being proposed. We are seeing a clear pattern where individuals walking away from facilities without permission in some cases cases multiple times within a few months. These are not m minor compliance issues. These are people under federal supervision leaving custody and entering surrounding communities. Uh there are also many serious incidences where there has been a homicide inside a dismissed facility where one resident killed another one. There is a death of a resident where the family still is demanding answers whether they proper care was provided for their loved one. Uh beyond that individual cases, there are broader reports of systemic issues in private halfway houses, including weak supervision, staff misconduct, inadequate oversight. These reports were submitted to the commission in my written testimony. Uh so the question before the commission is whether or not re-entry the qu sorry the question before the commission is not whether re-entry programs are important. They are. The question before it is whether this location in the middle of a residential neighborhood like Banksville is appropriate for a facility given the documented risks. A conditional use requires that there not be determined uh use not determined on public welfare. Based on everything on the record, this

1:23:21 – 1:24:06Speaker 1

standard has not been met. Our neighborhood should not be asked to uh absorb the risk of a system that is repeatedly shown supervisory failures. system issues and accountability concern. I request that the commission deny this application. And I want to point out for the record by Google's walking map, the Banksville K through 5 is less than 30 minutes from this facility. So if an escaped inmate leaves, they wouldn't even be notified for such a lockdown till after that point. They would already reach that facility. And my house is right next to that. So, thank you for hearing me today. Please oppose this conditional use.

1:24:04Speaker 1

Thank you, Mr. Securia, for your testimony.

1:24:13 – 1:24:39Speaker 1

Good afternoon. Thank you, Commission. My name is Deborah Wy and I'm a 31-year resident of the Banksville neighborhood of Pittsburgh. dismissed charities told this commission even today that their recidivism rate is 0.0. Might you give your address, please? And thank you. Silver Oak Drive, 233. Thank you so much. Sorry for the interruption.

1:24:36 – 1:26:35Speaker 1

They told us today they told us uh in the planning commission documentation the recetivism rate is 08%. I'm asking the commission to pause on that number before voting because every incident behind whatever the real rate is will happen in Banksville to our neighbors at our businesses and near our children. A 08 recidivism rate means out of 40,000 residents over 5 years fewer than 32 people reaffended. No residential re-entry operator in the country publishes results anywhere near that. The National Institute of Justice measures recidivism as rearrest, reconviction, or return to incarceration over a three-year follow-up period. By that standard, the national average runs around 45%. Even the best performing federal halfway house programs report rates of 15 to 20%. That number has no traceable source in any of dismiss charities reports or publications that I've been able to uncover, and it appears nowhere on their own website. Despite being a remarkable result that any organization would highlight, a credible outcome claim of this magnitude should be backed by a published methodology, a standard upheld by the Urban Institute, the Pew Charitable Trust, the Bureau of Justice Statistics, a standard upheld. This raises legitimate questions about whether the number exists in any verifiable form or whether it reflects definition of recidivism that's narrow enough to be misleading. I'd also ask the commission to consider the site. The proposed locations immediately adjacent to the days in on

1:26:33 – 1:27:29Speaker 1

Banksville Road, a property with a documented public record of SWAT responses. And by adjacent, I mean 50 feet. Drug activity, human trafficking operations is covered by WPXI, CBS Pittsburgh, the Tribune Review. This is not a stable environment for a re-entry facility or for the residents already live living nearby and it sits within close proximity to the places that we've discussed. Craft and Children's Corner Daycare and a family links adolescent counseling facility. They're all immediately near Banksville Road. The commission deserves honest numbers. This community deserves honest numbers. And right now, dismissed charities has provided neither the data nor the site justification to earn this community's trust. And I urge you to vote no. Thank you.

1:27:26Speaker 1

Thank you, Miss Wy, for your testimony. Next.

1:27:35 – 1:29:34Speaker 1

My name is Michelle Bertini, 1315 Kerop Avenue. I'm here because I've seen Dismiss talk about a rosy picture for this facility. And I I'm here to tell you my my point of view. I've been a resident for 14 years in the Banksville area. I love this area of Pittsburgh. It is just I'm and I'm committed to protecting children and residents. That's why I'm here. I have been a psychotherapist for 30 years, helping people heal and rehab their lives. I understand the need for rehabilitation and I realize this its success depends on having the right circumstances for people to reform their lives. And this involves making sure that former felons are housed in an environment that is compatible to maximize their healing opportunities. That's what we would want. all of us, anybody that has a heart. There are many reasons why the FOP building is not compatible for felons and I I speak that honestly from my own heart and and experience. Protecting children is a good reason for zoning. And voting to change a zoning law to accommodate a request to house felons can create unsafe conditions, causing harm and damage for a lifetime.

1:29:32 – 1:30:47Speaker 1

Your job is extremely important in protecting over 1,900 children who are within a mile. And that's at Banksville Elementary. Now, stated is one of these people. They said Banksville is 1.4. No, I just did it on my phone. It's 1.1 miles. So, there is a a problem there with how they determine that. Putting a hundred felons adjacent to a known crime hub behind the Comfort Inn and Days Inn in Banksville is putting felons in a temptation's way by setting them up for possible failure due to the past history of drug dealing and prostitution in those hotels over time. Dismiss shared that some of these felons can also be sex offenders. We're talking about Megan's law. very close to children daycare centers who have molested children and others. Is this what we want on our conscience? To me, it's a mismatch.

1:30:44Speaker 1

That's three minutes. Please wrap up.

1:30:47 – 1:31:31Speaker 1

Felons need to be located in urban settings where they can get to work easily. Recently, the Pittsburgh Regional Transit cut back their service to Banksville area. And this is one of the points that dismiss was counting on is to have good bus service and that is no longer the case. They greatly reduced it recently. The good news is that we all play a crucial role and I'm just going to say this. Please vote no. This is such an important legacy for all of us and we don't want to disrupt our residents and our neighborhoods. We want to keep children safe. Thank you, Miss Patini, forest.

1:31:29Speaker 1

You are so welcome and thank you for voting no. Next.

1:31:43 – 1:31:56Speaker 1

What in uh there's a woman to your right and then uh after she goes, do you want to go? Very good. Well, then we'll make sure that's the sequence. Very good.

1:31:54 – 1:33:11Speaker 1

Hello. Good afternoon. My name is Nicole Fouse and I reside at 549 Ridgemont Drive. And so when I first heard of Dismiss um proposing this facility in the area, my first concern was there is already an established facility in downtown Pittsburgh. So with that being said, um the facility has been there for over 25 years, which ultimately I ask the committee, why do we need this facility in Banksville? So, as many concerned citizens here say today, they're concerned about the schools, the daycare centers. There's not only daycare centers and schools in Banksville, they're also in Beachview and also in West End. So, that's my main concern. And I know everyone also touched on the 30 minutes of a inmate leaving your facility, but in that 30 minutes, anything could happen. So, that would be my other concern. Could they go up into Banksville? Are they going to go up into the houses? you know, you have 30 minutes to report it, but where are they in that 30 minutes? So, with that being said, I think a lot of the people touched on my concerns, but I just ask that you carefully consider this because it's not the best fit in the community. You know, as I said, there's a place already established. Thank you.

1:33:09 – 1:33:36Speaker 1

Thank you, Miss Fouse, for your testimony. And we're going to have the gentleman uh if we Oh, you want her to go? All right. Very kind of you. Help me. Does whoever gets there first. How about that? I see. I'm not going to get involved in that. I'll wait it out. Oh, yeah. You're after me.

1:33:34 – 1:35:34Speaker 1

Um, my name is Diane Arnold. Um, I live at 1315 Kop Avenue. Um, I have lived in Banksville for over 14 years. Um, I lived there five for five years in the 1970s. I loved it so much. I moved to Butler County. I lived up there for a number of years. I came back. I came back here because it's a safe, affordable neighborhood. And I love my neighbors. And that's no exaggeration. There's some of them are here right today. And I I just really care about them a lot. Anyway, um I chose this neighborhood deliberately for the safety, for the community it offers and the future that I feel that it has. Um I feel my property values is sustainable. Um so I I feel good about buying in this area. I bought a home in this area. When a halfway house moves into a residential neighborhood, something immediate happens. People hesitate. They hesitate to buy, to renovate, to recommend the neighborhood to friends and family. And I recommend my neighborhood a lot. This hesitation isn't irrational. It's a rational response to uncertainty and perceived risk. Homeowners near proposed halfway houses sites across the country have documented this effect firsthand. Properties sit longer on the market. Asking prices are quietly reduced and buyers who do show interest negotiate harder. Some sellers simply accept below market offers rather than wait. That isn't a statistic. That is a neighbor's retirement. A family's equity gone because the biggest investment we have is in our homes.

1:35:32 – 1:37:08Speaker 1

Um, for many of us, banks feel our home is our largest asset. We're being asked to absorb a risk to that asset without our consent, without our compensation, so that a national organization can fulfill a federal contract. That's not equitable arrangement. Banksville has been a stable, invested neighborhood. People take care of their properties here. New families are moving in. Local businesses serve us. There's a real momentum with a new Aldi's uh sheets on its way and other new commercial activities. We have attachable residential development replacing Marian Manor. That stability isn't an accident. It's the result of years of community investment and pride. A facility like this changes the calculus for future investments. Developers, lenders, and buyers all factor neighborhood composition into their decision. Once a neighborhood is perceived as declining, that perception is very hard to reverse. We aren't asking this commission to ignore the needs of people having in um leaving incarceration. We're asking you to recognize that Banksville has already carried its share of difficult land and that the economic burden of this facility would fall entirely on the residents of the community. people who had no voice in the federal contracting decision that brought dismass charities to our door. We're asking you as a commission planning commission to invest in us. Please deny this permit.

1:37:07 – 1:37:35Speaker 1

Thank you, Miss Arnold, for your testimony. All right. Thank you for helping him. Yep. Go slow. Be steady. Steady wins the race. Steady wins the race. I got it.

1:37:39 – 1:39:18Speaker 1

Good afternoon. Oops. Sorry I speak too loud. Good afternoon. My name is Frank Falsone and I am a Banksville area resident. I live at 1070 Banksville Avenue and I'm gonna take my three minutes in a division if you would let me know when I have one minute remaining. And I would like to first thank all the commissioners especially the assistants and uh the experts that are assigned to the commission because you have a very challenging job. Every community has different standards they want to enforce. They get their local representatives at every change of uh the pol political groups to change everything again and it makes it a constant challenge for you all. So, thank you very much. And uh the first minute I'm talking, everybody sit in the back of your chair, take a deep breath, relax, and the second and third minutes are where I change. I want you to move to the middle of the seat in the second minute and the front of your seat at the final minute, please. And the last thing I'd like to say before I start my presentation is I'd request that there's no video, photos, audio of me other than the required uh YouTube from the uh council. So if you would take that, I don't want to be on any media. No public media, private media, antisocial media, it doesn't matter. I don't want to be on any medias.

1:39:15 – 1:40:04Speaker 1

So that's my first introduction thing. Moving on. I sent in an email that has a quite extensive uh a number of things addressing issues that I believe are not accurately presented in the dismiss plan. And they include one, and I'm not going to go into great detail, the bus system, and I use it frequently. I'm familiar with it. it has been decreased in uh the available routes and it's always been a limited route structure and all of the bus stops which I described in my uh email described the extreme hazards of using those bus stops. Two of those bus stops were down for two weeks during the big snowstorm.

1:40:03Speaker 1

You have one minute left. Okay, I better skip some things then.

1:40:07 – 1:41:43Speaker 1

Okay, moving on. I have three pages. Okay, move forward to the front of your seat now. Okay. Uh the focus on real quick things. The the building square foot in the term of lot which is a horizontal use of the uh building is for the NDI structure not accurately portrayed at all. It's off by a huge margin. They've included all the park area as part of that area and that's not allowed to do that. Um, moving on to the building, it's an exceptional building. It has its great purposes in construction. The north side of the building is unusable because they do not own the parking lot on that side. The back of the building is unusable for anything because it's right up directly against a hill that's extremely high. part of it has a uh brick support structure and then you have the parking lot and directly across that parking lot I'm going to skip real quickly here 65 ft away is my house my house the wall facing their structure is where my dining room kitchen master bedroom it's above my garage and a patio in back 65 ft away and I'm mostly concerned about noise issues And I have a list of a hundred items of things like the air conditioning companies, the Wi-Fi companies and on and on.

1:41:41 – 1:42:26Speaker 1

Minutes, please wrap up. Okay. And all those items that are impossible to deal with that are that are mentioned in uh disruptions in the local traffic and and other structures. And as I one last statement here is uh Kathy Boo did a beautiful presentation of the property in back of my house except Kathy and her hired attorney. They forgot to research properly. Their due diligence was extremely negligent in regards to not identifying my property as a R1D residential property.

1:42:24 – 1:42:46Speaker 1

Thank you so much. We appreciate you. 65 ft away from my residential property. Thank you, Mr. Felone. Thank you so much. No, it's just so much to see. I understand. It is. It is. Be careful, please. And thank you. Yes, I understand.

1:42:49 – 1:44:48Speaker 1

Good afternoon, uh, Alageney County Councilman Bob Palmina. I represent District 12, which is part of Banksville. I'm here speaking as myself and as a resident of Banksville, uh, 2579 Greenboro Lane. And before I read a letter that I believe you all got, I know you received a letter from Senator Fontana and State Representative Dezy um not in favor of this in our neighborhood. I don't before I read my letter to the uh residents, I want to say to dismiss and their attorneys, I don't disagree with what you're doing. I believe you're you're faithful and I believe that you want to do what's best for these individuals and so do we. I just do not believe on where it's going. You are right next to a school, right next to a very vibrant city neighborhood. Um but I do believe in what you're doing, just not this location. So with that being said, I am writing to formally express opposition to the proposed acquisition of the FOP building located at 1070 Banks Road by dismissed charities for the use as transitional housing facility. Under the proposed plan, the facility would house individuals recently released from incarceration as they work towards re-entry into the community. While the goal of supporting reintegration is important, my office has received a significant volume of feedback from residents who have serious concerns about the placement of this type of facility within their neighborhood. The primary issue raised is a potential impact such a use could have on the safety and overall well-being of the surrounding community. The area in question includes a high concentration of residents along with nearby schools, child care centers, recreational spaces, playgrounds, and local businesses. Given these factors, many constituents believe that this

1:44:46 – 1:45:07Speaker 1

proposal was not appropriately situated, and could create unintended challenges for the neighborhood. Based on these concerns, I respectfully urge the planning commission to take them into careful consideration and to deny approval for this application. Thank you for your time on this matter. Thank you so much, Mr. Palisino.

1:45:09 – 1:45:41Speaker 1

Uh, are there additional folks in the room that would would like to give testim? Okay, I see. Okay, no rush. And if there are others that would also like to speak, there's no uh issue queuing, you know, like coming on up and kind of letting us know that there might be more.

1:45:38 – 1:47:36Speaker 1

Hi. Hi. Hi. Uh it's the first time I've ever done anything like this, but um my name is uh Denise Ryder and I live in Bangsville. Um I almost like forgot my address. 2388 Crest View Road and um I have lived in uh Banksville for 35 years. It It's a gem. It is absolutely a gem. Um we used to never have to lock our doors. Everybody had a key to everyone's house. Um you know, whether it was on your street, somebody needed something, you know, we we jumped. And I can honestly say I'm scared. I am very very scared. I'm also disappointed and I'll tell you why. I mostly have questions and my questions are I was waiting for the uh superintendent of um Pittsburgh public schools to call me back. I doubt very much if anyone reached out to the school system to say Caralt uh Banksville school um Brashier, the middle school was contacted. Do you have a letter from the Pittsburgh public school saying that we agree with this? I doubt it. I got a lot of signatures. I pounded the pavement. Went to Banksville. Um the whole business district of Banksville. It's unfortunate none of the owners of those facilities knew anything about it. That's where I got the majority of my signatures. Now, I don't know who the owners are,

1:47:33 – 1:49:02Speaker 1

but I'm telling you right now, from the employees in Starbucks to the employees in uh Coons to um you know, the little Tony's Barberhop, the whole entire group, Coaches, bar, I stood there and they just passed it down the whole entire everybody that was sitting at the bar. And then they passed it to everybody that was in there, you know. And I realize, God knows how you ended up doing it, but you got eaten park to say it was okay. Well, guess what? I'm telling you right now, Banksville will never set one foot in Eaten Park again because they don't realize it. You're not going to get any more revenue. You're not giving anything to Banksville. You're a nonprofit in the city of Pittsburgh. You're not even going to get anything out of it either. They're not going to pay any taxes. What's the point? I mean, I have a list. I didn't really pound the pavement. I made phone call. Three minutes, please wrap up.

1:48:59 – 1:49:31Speaker 1

Yeah, I made phone calls and I can't tell you now. Nobody called me back because they're probably scrambling as well trying to figure out what the heck are we going to do? How did this happen? Who do I contact? Thank you. You guys slid it under. You slid it under. Thank you for your testimony. Come on. That's okay. Whatever you have to say. But hi Hi.

1:49:29 – 1:51:24Speaker 1

I mean, thank you for having us. Uh, my name is Karen Marorrow. I live at 1058 Kursop. My neighbors, I love my neighborhood. I love my street. We all look out for each other. My neighbors across the street, next door, and on the other side have keys to my home because Michelle and Diane lived on the far end of Perisop. And I feel safe on my street. I feel safe in my neighborhood. Everybody watches for everybody. We have two new young couples move next door, two doors down, like right next to me and they love it there and we're all excited of we have all these young couples and people are having kids and bringing them in the neighborhoods growing and now I'm really concerned. I'm concerned for the children of these schools. You have Banksville Elementary, you have South Hills Middle School and you have Basher. My grandkids went to all three of those schools. They're adults now. But how fair is it to the children of those schools and the parents of those kids to know that this is right there within walking distance of their school? And when you look at South Hills Middle School in Brashier, it's surrounded by woods. Anybody can be in up in those woods. I'm very concerned. I'm also concerned for us senior citizens, including myself. U my mom is 93. She lives in Beach View, but she's been hearing about all this. He's so worried that you know this is going to come up in the Beach View. I grew up in Beach View. I moved away to Bergstan. My husband and I moved there for like 15 years. But we moved back. I wanted to be near my family. I wanted to be in the city again. And my husband said, "This this is a reason he would move. And I don't want to move because I love my neighbors. I love my city. And I love the kids in the school districts. I go past Banksville school. They're out playing all the time. I just think it's dangerous and it's a bad situation and I say vote no.

1:51:22 – 1:52:06Speaker 1

Thank you very much, Miss Mara, for your testimony. And um uh are there any others that would like to I was just checking to see if she was intending on giving testimony. She said no. But are there others that would like to give testimony? No. All right. How about online? Yes, online. And if you would like to give testimony, please hit the button to raise your hand. We will unmute you when it is your turn. If you are dialed in via phone, you can raise your hand by pressing star 9. Um, currently we have one we have a couple hands raised. Um, Sean Carter, you are unmuted. You have three minutes for your statement. Thank you. Good afternoon. Can you hear me?

1:52:04 – 1:52:49Speaker 1

We can hear you. Thank you. Great. Uh, thank you, Madam Chair, Madame Vice Chair, and commissioners. Um, I am here today in my capacity as city council's legislative projects manager to simply say that Councilwoman Salinetro is watching this, but she cannot take a position one way or another as the commission knows, but I just want the public to know we I explained that to them at a community meeting a couple of months ago. I'm just here reexpressing that she cannot take a position either for or against because council sits in the quasi judicial role in a conditional use application. So, if you live in council district 2, whether you're for it or against it, don't ask her

1:52:47 – 1:53:29Speaker 1

or any other member of council because they're all stuck with the same set of rules in this instance. But she wanted you to know that she's been paying attention. She's watching, her staff is watching, and we're taking notes. Well, thank you so much for uh noting and making us aware. We appreciate it. Thank you very much. Thank you so much. Have a great rest of your day. Likewise. Okay, we have another hand raised. JC2539, you are able to unmute. Please state and spell your name for the record as well as noting your address. You have three minutes for your statement. Yes. Hello. Can you hear me? We can hear you. Thank you.

1:53:26 – 1:55:25Speaker 1

Thank you. My name is Jennifer Cipher. I live at 2297 Crest Pew Road. I have been a longtime resident of Banksville for over 21 years. I am speaking to express opposition to this um acquisition and also the um uh denial of this application. As um being a longtime resident, my children have attended Banksville School, which is in one mile of this uh property location. Also, the childcare center, which is 0.7 miles. Uh Banksville Park, which in it's within a mile as well. In addition to other testimonies have mentioned the um nuisance uh hotels that we have had to deal with as well which will just I think uh add to um many many issues that this will um cause. Um under the plan the facility will house um over 100 individuals which as I have been told um have uh many severities of crimes. There's no um you know it can be murder, rape, uh sex offenders and such which would put a extreme uh our neighborhood um within you know many safety issues and overall uh well-being. I'm within 1.9 miles of this location which is the whole neighborhood of where I live. uh Crest View, Rose Garden, Greenboro, we all live very very close in addition to the Banksville residents that are just as close by uh the school and such which is a very inappropriate uh location to be that close to 100 um you know recently rece uh released um criminals um that will be you know within walking distance of any of these locations of schools in addition to our neighborhood as Well, uh this is not a lockdown facility either. So, um as other people

1:55:22 – 1:55:59Speaker 1

have mentioned, um anything can happen uh within, you know, our neighborhood within the woods within walking distance. Um it just would take minutes uh for something to happen catastrophic, which um has also been uh mentioned in other testimonies as well. So, for that um reason, I urge you to deny the approval of this application. Thank you for your time and attention to this matter. Thank you, Miss Cipher, for your testimony. Thank you. Do we have others online?

1:55:57 – 1:56:15Speaker 1

I'm not seeing any other hands raised at this time. If you are in the participant list and you wish to speak, please raise your hand. We only get to speak. I'm not seeing any further hands raised.

1:56:12 – 1:58:10Speaker 1

All right. Thank you so much. Okay. So, um at this time it looks like all public testimony and I'm confirming while I'm shaking my head just making sure everybody in the room says yes. Uh and we know that there isn't anyone else online. Uh commissioners at this time uh will open the floor for uh some you know questions, comments uh and whatnot from the commission. I do if the commission doesn't mind. Um I'd like a few clarifying questions for myself personally. Um and then I would you know say a few things and then I can step back and let commissioners also make a few comments. Um and I would certainly um close because the unfortunate part is I've got a laundry list of questions. Uh but I I want to say to dismiss, you know, I I appreciate uh the opportunities to responsibly uh provide safe re-entry for persons in programs such as this and to be very mindful and acknowledge the residents and the community in which uh re-entry programs are coming into. Uh so so let me say that first. Um and and I I will quote you, Mr. Sitig. You said, "You can't pick a better site uh for this." And and you know, me personally, I just want to make sure that we can walk away feeling comfortable that we couldn't pick a better operator, you know, at a perfect site, right? Uh so a few things that are that are going to be pressing for for me and and based on criteria is not creating any detrimental impact uh and

1:58:06 – 1:59:29Speaker 1

not creating any um detrimental health and safety impacts. I'm going to focus a lot of my questions on operations. I'm going to focus a lot of my questions around um enforcement and accountability. Uh and then security and agency oversight just to set the table so you can be prepared for uh kind of what's coming. Uh one clarifier I it had been mentioned uh Mr. Sitic and um as well uh I believe that uh and and the VP Kathy and I I forget your last name. I apologize. What was it? Blue. Uh, you made mention a number of times that the lowest level candidate for re-entry would be at this location. Um, and the reason that this is a question for me is because within 30 minutes of of maybe somebody potentially leaving, we would be alarmed enough to sort of ring a bell. And I just want to understand what is lowest level uh in terms of re-entry and specifically this facility your program.

1:59:25 – 2:00:06Speaker 1

Okay. Uh the lowest custodial level is the level that the Federal Bureau of Prison sets that someone has been vetted to be able to come back into the community correction setting. And this happens um at the Federal Bureau of Prisons level before we get the referral uh for evaluation and acceptance. Um it's their actually their criteria. We don't get them unless they have, you know, been vetted by the Federal Bureau of Prisons to be at our facility.

2:00:01 – 2:00:34Speaker 1

Okay. And that could be maybe uh even more clarifying that could be what types of of um offenders. Okay. Um it could be anyone from the the majority of our offenders are drug offenders. Got it. If if I if I gave a a um 100% a at least 80 in the high 80s would be drug offenders. Um,

2:00:32 – 2:01:13Speaker 1

and let me be clear why that was a question. Not so much the offense, you know, uh, for me, but in my line of questioning, the reason that I'm asking that is because then that would make me feel, uh, make me be able to assess what I felt like was staffing minimums, how many, um, the ratio of uh, residents per staff. Those are the kinds of questions that we'll that I'll be asking and you and of course I'm you know asking them maybe um now I didn't mean to interrupt you so let me apologize. Uh,

2:01:11 – 2:01:55Speaker 1

Madam Chair, can I inter can I say something, please? I think it needs to be put on the record. You have no you cannot sit here and say that there are not violent offenders going to be there or said that I that this is this is being perceived that this is a low risk low flight risk. Let me let me finish. Hold on. They have went through the process. No one is no one is claiming that that is not happening. What we are saying is that this cannot be received. This is a first step, not a last step facility. That needs to be another thing that is clear. There are a lot of things here that are not being told as true. Name it,

2:01:54Speaker 1

Commissioner. I just did. It won't. No, hold on. I will off the gate.

2:02:00 – 2:02:44Speaker 1

Wait, wait. Excuse me. Let's pause for challenges my uh integrity. I'm without we're going to devote one moment. Okay, hold on. Wait. Can please and uh Mr. Sitic, my apologies. Let's just uh calm things a moment. Uh we're going to take a breather. Commissioner uh Kelly, if I can have you just pause for a moment, please and thank you. Um Mr. Sitic, as well, please and thank you. And then uh would you mind if I continue to ask some questions and let's be uh mindful it as long as as long as this body is getting answers. That's all

2:02:42 – 2:03:27Speaker 1

and that's what we're headed to. Just a quick reminder for everybody, please no talking over each other. We do have a court reporter. If you're talking when someone else is, your statements won't be recorded correctly. So, we just want to make sure that we're not talking over anybody. Um, even those comments, especially with the um YouTube, it's hard to pick up. So, we just want one person talking at a time, please. Thank you. Just a reminder from the court reporter to the commissioners to announce who you are, please. My apologies, Commissioner Kelly. I'm not stopping you from talking. not going to say about your meeting.

2:03:25 – 2:04:06Speaker 1

I'll give you the floor. Please ask your question. Madam Chair, please take a look. What happened? Just to be clear, there certainly can be violent offenders and this is the last step as Miss Beloo stated until they are in the community period without assistance. So it is they're still on probation. So Commissioner Kelly is right. They're still being monitored, but it is the last step, as we said, out of incarceration. You won't be charged when you're in community with escape if you walk off. That's that's the statement and we stand by it.

2:04:04 – 2:05:48Speaker 1

And I appreciate that. Um, Commissioner Kelly, what I wanted to to be able to do was take a pause for a moment just so that there was some clarity, no talking over one another. I'd like to give you the floor to continue to ask whatever questions you wanted to. Uh, but it was not in a manner to mute you in any way. I just have one more thing and you're right. You're a great man. you do great work, but morally and there's there's a I have some other questions too, but to to talk about Megan's law was established to protect our children and to say an institution that is coming here that has no footprint here in Pennsylvania to say that there is not a company position to identify. But we understand it's an individual law that they have to register. But for sakes that that's my my biggest thing is that I we understand that that law was established where sexual predator killed a child because it was not reported. Now I there is moral law and there is the law and I understand and I'm trying to walk the the fine line here but this this is this is a very tough thing to hear because trust me you all don't know our backstories either when it deals with that. So please for the sake of it let's not let our moral compass go. That's all. Please

2:05:46 – 2:06:01Speaker 1

and please continue to have the floor with the addition. No that's um that was it. I'm done. Thank you. You're welcome. I'll not respond to a challenge to my morality. Well, I did not challenge your morality

2:05:58 – 2:06:40Speaker 1

and this was the only reason that I kind of jumped in at the moment. I recognize that there are, you know, things that are are, you know, sort of being said and there are uh clearly emotions on on uh both sides of the table and we uh want to acknowledge that and uh we'll we'll ask some concise questions so that we can get through to uh examining what we have before us here today. Uh, commissioners, might I open the floor to any other questions, please? Commissioner Interiano.

2:06:39 – 2:07:56Speaker 1

Yeah, thank you. Um, this Commissioner Intero, thank you for everybody who provided testimony. Looking at the merits and looking in particular at this chart, I don't know if this is in front of you or you have access to it. I'm looking at the applicant responses here. And if I look at applicant responses for section A, B, C, D, y'all took the time to provide an explanation here for all of these on why the proposed use is okay. Like why the proposed use will not adversely affect, why the proposed use will not result. And even if you look at sections F and G, you explain that there's no site development to this criterion, so it's inapplicable. But you still took the time to go explain why, you know, why it will not create detrimental impacts. Yet on section E, when it comes to safety, the only thing that you say is that there's no development associated with the proposed use and therefore just because there's no development, there is no detrimental safety impact. So I guess my question for you is given that you took the time in all the other sections to explain why the proposed use does not create a detrimental impact. I guess my question to you is why do you believe that the proposed use of this development will not create a detrimental safety impact?

2:07:54 – 2:08:35Speaker 1

And may I just add a subpart to your question? The premise of your responses says that there's no development, but development under the code does include a change in use. So, just keep that in mind when you're responding, please. And where's that? What's the reference for that? The definition of development is included in the zoning code in section 924. Well, we have dealt with that's the technical legal response to it. We've dealt with safety throughout in other u aspects of our submission and and our presentation.

2:08:33 – 2:09:31Speaker 1

So So if you wouldn't mind stating for the record, why do you believe that the proposed use does not create a detrimental safety impact? The standard as the zoning administrator indicated is the the standard we have to reach is to show that this is within the realm of what was contemplated with a custodial care facility. And there's nothing exceptional about this use that makes it an unusual safety risk as compared to a typical custodial care facility. The standard isn't. That's why I didn't want to actually the zoning administrator stated it eloquently and I didn't want to put those legal words in there. We don't have the burden of showing it's absolutely safe. I wouldn't I we've we've done the opposite of that. You've heard that. What we've said is in terms of these types of facilities, we're on the safe end of that.

2:09:32 – 2:09:58Speaker 1

And so, uh, Commissioner Intero, I don't know if that leads you to additional questions. that I guess that is a unsatisfactory question for me but I do not have questions and I might have some questions that can help drill uh down on that that that I had really wanted to um make sure were asked.

2:09:54 – 2:10:43Speaker 1

I just might sort of some of the overall scope here. You mentioned Dismas isn't in town yet. One of the reasons we're in town is because Dismas has a record and the Bureau of Prisons is interested in having them here. So, DISM is a preferred provider and will um improve operations. These are not new folks. These are all in our city already nearby, not many more miles or any more distance than what we're proposing now. They're here. um these facilities will be better run and this is the lowest level of risk within that system. So in terms of safety, we're on the low end of the risk for what's permitted as a custodial care facility.

2:10:40 – 2:11:16Speaker 1

And forgive me if these are answered somewhere. uh but I want to understand what the staffing minimum would be uh this for the 104 residents like what's the ratio of staff and uh maybe title of of that staff are we talking about security are we talking about administrative uh what does that ratio look like that will be overseeing the residents

2:11:13 – 2:11:56Speaker 1

it's actually a combination of of of both. Uh first of all, the Federal Bureau of Prisons decides the population numbers. They they estimate a maximum number of of 192 men and eight females. Um and that's based upon the people re their statistics of zip codes actually re soon to be released into a certain area. So, as far as staffing, we're staffed uh 247 uh by male and female staff. Uh we have monitoring staff that sign people in and out. We have biometric fingerprint scanning in and out.

2:11:53 – 2:12:20Speaker 1

Can you give me actual number the ratio of staffing versus Yes, it's um 1 to4. Um, I'll have to This may be off a half a half a percentage, but it's it's no more than one for five. It's usually 1.45 or something like that. I I could look that up. I I'm sorry I didn't bring it with me.

2:12:17 – 2:13:01Speaker 1

But our staff consist of a director, assistant director. Uh we'll have a administrative like a word processor type of position. Uh we'll also have counselors. We have one counselor, case manager, CL/counselor for every 30 residents. We have employment specialists that work to um do um employment opportunities, present them for our residents. Uh it's a requirement unless you're physically disabled or um been approved for educational opportunities other than that that you have to work. Okay. [sighs and gasps] And then um we'll have a cooking staff as well. Okay.

2:13:00 – 2:13:36Speaker 1

So so oversight of residents in the facility is uh one staffer per every five uh participants. No. No. If you take the hund the maximum 100 divide it by all of our staff, it's less than one per five. Uh different shifts require more people on because there's more movement. So at any given time on site, how many staffers will there be?

2:13:30 – 2:14:15Speaker 1

Um day shift, busy shift. Um um probably up to eight people. Uh evening shift also a very very busy shift could be up to up to 8 and uh and probably the same for evening shift would be about comfortable. Midnight shift um two third shift third shift um would be I'm not counting cooks here. Third shift would be um up to three.

2:14:11 – 2:14:54Speaker 1

Okay. And you know of that up to eight and not sure what determines up to eight. Up to eight if there's the maximum hundred but if there's 50 there's one or two uh something like that. No I was count I was counting sometimes on the weekends or certain days we have visitation that's approved so we have extra staff on board. So it's not a it's not a so eight is the maximum if there are additional activities that would occur at the facility like visitation. Well if we had family days a lot of times we have family day and other activities there could be 12 people there staff. So it's based upon the need for that. All right and

2:14:52 – 2:15:22Speaker 1

I have a I have a staffing pattern actually. I just didn't bring it with me. I'd be more than happy to share that with you. Well, that definitely is part of what what uh what I would need, you know, definitely to see. But I in the meantime, I'm going to ask some questions. And I think that uh you have to also um understand that a lot of our residents will be working. So there's not a there's not a whole bunch of people there at one time, right?

2:15:19 – 2:15:40Speaker 1

And and with factory and industry works, that's three shifts. So there's some people that you might have seven. It's not unusual to have 10 people that work night shift at the same place or right you have a factory in the evening so you're not having all everyone there at the same time

2:15:38 – 2:16:19Speaker 1

right and I appreciate that which probably would unravel a little bit of a different question uh because I believe that I read some here somewhere here in the operation management that any movement is accompanied by staff so if uh people are doing shifts then there's staffers that accompany uh residents on and off site. Is that accurate? Uh I'm not sure where you read that. I'd like to see what you read so I can I think somewhere here in the operations plan and I and I might not have clarity which is part of why I'm asking these questions. Um

2:16:17 – 2:16:58Speaker 1

I'm not familiar with that. There are are incidents where sta um very few incidents where staff would accompany a resident. Now, we do go and monitor where they are, you know, like we verify their employment or we once they get to home confinement, we do homesite visits, those type of things. But we very rarely would accompany residents unless it's a community service project because our community's uh relations board. We do quarterly at least quarterly com um community activities where our staff and residents are involved in doing something to give back to the community.

2:16:56 – 2:17:39Speaker 1

All right. Um on site, do you have security personnel that are that are licensed licensed for security? Uh we have uh no staff that have weapons or any kind of restraints at all. all uh um that would be no. Okay. We have trained professional staff in the positions they're in, but we have no weapons and no restraints. Okay. Um commissioners, if anybody else has questions, I I can I have a question. Okay. Commissioner Walker.

2:17:36 – 2:18:13Speaker 1

Commissioner Walker. So the operations and communications plan that was included in the application, is that the totality of the ops and communications plan or were we given a synopsis of larger documents that may have been provided to staff and staff and what we're receiving is a synthesis. This isn't that is a summary. The statement of work of the 170 page guidelines from the Bureau of Prisons was submitted separately as an appendix. So, a lot of the responses to these questions are contained in that document.

2:18:10 – 2:19:24Speaker 1

Okay. One other question if I may. Um, the So, the plan calls for a community relations board where um residents can bring grievances or questions to staff. Am I not understanding that? comm residents um uh can report or or third parties can report any kind of concern or something they have directly to their counselor, their director, assistant director, but the community relations board is established to actually uh network with the community. Um, it includes members of law enforcement, members of the court, local employers, mom and pop neighbors, um, social service agencies, and a lot of time educational um, uh, presence as far we have residents that go and earn certificates and things or they're going to college. So we have people uh in the local communities and colleges. We also have an internship pro program too. So a lot of times we have uh participation by local colleges for that as well.

2:19:22Speaker 1

Has that board been formed already or is that being contemplated as a condition of receiving authorization?

2:19:29 – 2:20:22Speaker 1

Well, actually it's a requirement to have a community relations board. It's in the statement of work as our as Bill alluded to. It's I think it's 175 pages, but it's actually 300 and some I think if you cut front and back. So, it's it's pretty intensive, but it is a requirement to have that. And actually, it's a great, you know, it's a great I want to maybe this is the wrong uh wording to say, but icebreaker with with within the city because it gets the opportunity that you know what um they're giving us an opportunity and we're we're making steps whether it's to clean a park or paint bus stops or whatever. we're giving some something back to say, "Hey, look, we we want to be involved in the community and we get our residents involved in it, too."

2:20:18 – 2:20:37Speaker 1

Last question, if I may. Um, are I think I see that there in the there's 0.2 miles less than a five minute walk from the program to the bus stop? Are residents accompanied to and from the bus stop when commuting to work or other activities?

2:20:34 – 2:21:20Speaker 1

No, they're not accomp. Uh actually there's two bus stops on each side of the hotels. There's two there and then there's one across the street a little far up but they're not. Now we do have pan zoom cameras on the outside of our building that will go quite a distance. I mean they're uh and uh and we have recording all the time but we don't walk them to the these are adults they so so uh now we will uh uh sometimes you know we walk them through our facility and we walk them out to the bus stop as part of their orientation to let them know this is the bus stop this is where you go and uh there's consequences for being out of bounds.

2:21:17 – 2:21:29Speaker 1

Thank you. Um, additional questions. Thanks, Chair O'Neal.

2:21:26 – 2:23:25Speaker 1

Sure. I I have a few. Um, I do just want to take a step back and I know we've heard from the zoning administrator and Mr. Sitig about the review criteria. Um, but I just kind of want to state my own or where I'm coming from in reviewing this. So the legislature or here city council has designated this uh use in this district as an appropriate use. So it does constrain some of what the planning commission can make recommendations on. Um so I will just quote the relevant um provision or um you know best case on point uh which is McGlin. It's a Commonwealth Court case from 2009 and it says uh conditional use indicates that legislative acceptance that the use is consistent with the zoning plan and a used application should only be denied where there is an adverse impact on the public interest that exceeds that which might be expected in a normal circumstance. So, where we're coming from, for me personally, I don't want to speak for other commissioners, um, is is this custodial care facility more intensive than what we would traditionally look at? In addition to that, um, and that's when we're talking about health, safety, welfare. So, every use will have impacts on the surrounding uses. um when we're talking about detrimental impacts, what the standard is is that detrimental impact more than another custodial care facility. In addition, um the applicant does have to meet the criteria, the specific criteria of the zoning code. So, uh specific criteria are where we're kind of talking about the square footage, um something that has an actual number to

2:23:23 – 2:24:04Speaker 1

it. And so that's I think why it's important that we're looking at these criteria as they're outlined. Um and I then now from that criteria just have a few follow-up questions. Um one of the criteria actually I'm sorry before I jump in I do have to correct my statement from earlier. Development is defined in section 926.01.67. I cited the wrong section. Um, in section 9114A94A, um, we we're looking at the operations management plan, but there's also a requirement for communications plan.

2:24:01 – 2:25:00Speaker 1

Um, and I we've heard about the community relations board, which I think is a great way to, you know, have that ongoing communication. Um, but I'm a little more concerned or I would just like to know more about, you know, cases of emergency or some of these escapes. Um, I'm not saying that's a commonality. It's just, you know, we all need to have an emergency preparedness plan. Um, so in the written response, and I know this is kind of a summary, so I'd like to know more. It says that local neighbors will have the contact information to the program, facility director, and our corporate office to share concerns or ask questions, and all community concerns will be investigated and addressed in a timely manner. Um I would just like a little more specificity about how they will be addressed in a timely manner and then on the reverse if there is an emergency how is the community notified

2:24:55 – 2:25:58Speaker 1

and I'll add one more thing who who is the oversight where does enforcement of any of that come from? So I you know sort of in the broadest because um it's kind of a painful read even whenever you're being paid to read it right that life safety component of that some of the communications and there are different levels of you know life safety right the primary one is fired evacuation and emergency plans there's notification of the fire department facility community search for missing residents there's a whole protocol and it's throughout and that's why it was a summary because this is we we'll get it right because I have it in front of me finally. Um well, it has charts, but it's yeah, it's a voluminous document and it has everything from infectious diseases to incidents on site to fire. It's it's really a pretty extensive document and protocol.

2:25:56 – 2:26:29Speaker 1

Is that in the scope of work you're saying or it's a it's statement it's called the statement of work and it's part part of the contract with the Bureau of Prisons. statement of work which we have. Okay. Thank you. Yeah. And that's um that's why it's kind of reluctant to submit the whole thing. Um that's why Mr. Johnson has it separately as a as an appendix, but that's where the a lot of the detail on operations is. I think you know um we believe in life safety. It's one and you speak in the mic just so the court reporter can hear.

2:26:27 – 2:28:26Speaker 1

We really believe and preach life safety. In fact, we have a NFPA uh former fire marshal for the city of Greensboro that works full-time for us. Actually, works in my department, business development. Uh we have our the local fire department will have a copy of our floor plans. Of course, they'll be inspecting our building. You have to have a annual fire marshall inspection. Uh a lot of times we have the fire department come by to train our new staff on how to use the fire extinguishers. range hood and stuff and we do that training too. We have a whole array of videos and in on you know in-person training that we do with that. All of our resident staff we do fire drills and they have to be done staggered like if you have bay you have one on day shift then the next month you have to have one on midnight shift or evening and it has to be recorded and you have to evacuate in a certain period of time. Our fire alarm system is is hardwired to a um you know we have to have dirt different decimals of signals. You know at the farthest bed in our dorm it has so and we have to have a buddy for someone that may be epileptic that you know just the strobes alone causes seizures or something and and I mean we teach and train this with our people. We have monthly life safety training. We'll have an alarm system within our fire system that already contracts with a security company to automatically notify the fire department and the security department if there's a security alarm that's hit that shouldn't be or the fire alarm goes. And when we do our tests, our fire drills, we call the alarm company and put it on test for 15 or 20 minutes. So all of our we we preach this stuff all the time. It is it is what we

2:28:23 – 2:29:03Speaker 1

live and breathe. We also, you know, we have uh eyewashing stations. We have we all of our staff are first aid and CPR trained. Uh we uh have Narcan in case there's an overdose. A and we have we have training with that, not just with our staff, but our residents. And uh it's one thing we'll teach you how to climb a ladder and better be somebody there watching it. We'll teach you how to use a mop bucket because safety means everything. It really is something that that we live and breathe.

2:29:00 – 2:30:54Speaker 1

So I I'll I'll make a comment as it relates. I and I appreciate the 200 plus, you know, pages of additional stuff. I think that it it there it could have gone a a long way for some of that discussion and some of that operations plan uh management plan that would have been discussed very deeply with the community and given some of the concerns because even a lot of I mean I've got way too many pages here of questions that are probably somewhere embedded in within that um and and I think if that would have been explored a little bit more with the community that there there could potentially be less hesitation because one of their questions you'd be able to say check I'll take you right to the section where that happens accompanied by you know who gets to audit this information who gets to enforce this information. How is this information taken from uh you know beautiful manuals and and um whoever sets it who who's doing the oversight and how is that conveyed to the community and to the community board because what I'm going to tell you right now is that didn't happen and and it should have happened. Well, I and I can also I want to address that too, but we are also audited uh four times a year by the Federal Bureau of Prisons. Includes their life safety uh specialists once a year annually. Three of those four uh audits are random. That means they show up with no announcement,

2:30:54 – 2:32:26Speaker 1

Then there's a full scope one that is. And to answer your question, um, uh, when we met, you know, with the Banksville Neighborhood Association, um, I before then I had provided the video. Uh, it was more it was probably more pages than we presented here. Uh but it it had everything present most of things presented here in it and made that available uh through the councilman so they could access the site. So anybody that didn't come in person was free to get that. Um there was a communication error and I'll take responsibility with that because it was held at a at a place that they weren't sure it was relayed to me. wasn't sure if we were going to be able to do a slideshow and I apologized to the audience. Ken and I were both there that um because I had my computer out in the car. So what I did was I I I'd already made the video and I stayed and answered every question that was asked. I tried to go by some form of format. It was a very lively discussion. There was some tough questions. And I'm actually the one that said that brought up about sex offenders because there's no need to hide what you do or what you don't do. I mean,

2:32:24 – 2:33:08Speaker 1

I'm sorry, just to interrupt you from the audience. We do have the court reporter and please be respectful of the people speaking. Please do not speak over them. And it it we owe people an answer. And I said if I didn't have an answer that I would get that for them. I left multiple cards. I talked to several people afterwards and um I left feeling that I had provided every resource that I had available to me to get the answers uh uh to the questions that were asked and to provide a way for people to ask questions they didn't want to do in an open form and like this.

2:33:05 – 2:35:04Speaker 1

Okay. and have we continued to do that up until um last night actually because I had some people that are trying that offer to give us some help with uh with what we're doing. So I welcome I welcome every question. If I don't know the answer, I'll get it. Well, I I think there could be a lot of mileage out of really going through this in a in a little bit of a different way. Um, and nobody's saying that you did it wrong. Uh, but there has not certainly been enough engagement around people only know what you share. And if you're only sharing highlights, then the granular details are not visible. And if they're visible, then there's a a a a long way that you go in terms of extending a level of transparency that a number of people can't wrap their arms around. Uh and while that's a feeling, I will tell you that from the criteria and the perspective that that the commission needs to review this against. Uh where the commission might be challenged is this operational plan might have these things embedded. But then there are a series of questions that we came with today to understand that there wouldn't be detrimental impact whether that's health and safety. Um that's how you're managing operations, that's how you're managing [clears throat] the facility, that also goes to transportation. Um, and one of the things that uh you had said, we've got all this enforcement

2:35:02 – 2:36:14Speaker 1

around fingerprinting and if they're gone for 30 minutes and we ring the alarm and then we're uh very comfortable and trusting that they leave the facility with micro cameras and they they get to get on transportation and have time between transportation to a potential employment and are you notified that they make it to the employment? I I think that there are at least for myself um far more granular details that I need to be able to say that there is no detriment to those very specific categories. And I'll take it back to how I opened which was operations is something that that uh is important here. Um enforcement and accountability is something that's important here. Security and agency oversight is something that's very important here. And I don't want to allege that they aren't present. Uh, and maybe they are and they're embedded, but there's no way that I can um at this time say that I've got my arms wrapped around that.

2:36:14 – 2:36:41Speaker 1

Noted. I don't take it as a criticism. I take it as No, I don't take it as that. I'm always uh up to uh to bettering what we the pro you know the presentation that we do uh with the audience that we have. I think that's what you're saying and and that's absolutely wonderful and uh and and I receive that in the in the uh way it was presented. Thank you.

2:36:38 – 2:37:28Speaker 1

So and I'm happy to invite anyone that would like to come tour one of our facilities to come. uh we gave these videos, you know, the our presentation to the, you know, the government officials, uh, city council person over the district and stuff back, I think it was in July. Uh, uh, we sent written notification last July, I believe, when we submitted our proposal to the Federal Bureau of Prisons who put out the solicitation that there was a need for this service. And then I started into the community, walking the community, and I overlooked Mr. Frank's residence. I mistook it for a warehouse kind of structure. And my apologies to him. I I had an opportunity to say that to him in person a couple weeks ago.

2:37:26 – 2:38:02Speaker 1

And some of those very pieces are exactly what I'm talking about. I mean, there's, you know, one uh sort of detail left out here, one detail left out there. And you know in in good faith uh and in all honesty there are a lot of feelings around this. But but the feelings also have to uh there has to be evidence to back up why these concerns would or would not exist and you likely have the answers to those but we don't know that. [clears throat] Absolutely.

2:38:01 – 2:40:00Speaker 1

Everybody doesn't doesn't know that. And I think that that's, you know, part of uh, you know, Commissioner Kelly and Commissioner Walker and and Commissioner Antiano's, you know, questions are are more related and as well Vice Chair O'Neal's uh, questions around um, more granular. And so that kind of leads me to a point of I'm going to open the floor and I'm going to turn to my fellow commission at this point um because there's a little bit of a a you know, a stalemate here for me. Uh but that doesn't mean that that's everybody. And so you know commission I I want to um open the floor to what your comfort level is, what you feel uh in terms of questions or activity and behavior that may need to occur or not um as it relates to this application. Do you do you feel that there may be um some potentially some more dialogue that needs to occur here so that uh we understand what's really in the 200 and some pages but I think beyond that um I would suggest that there is even greater sewing with the um larger community where there's some real sitdown like a telephone book and we go from A to Z and and kind of I don't know who needs to and I would be hopeful that there wouldn't be a referee per se that it would just be like, hey, here here were the questions. Uh if you have any other type of facility, a nursing home for example, how many nurses do you have? How many pharmacy techs do you have? How many doctors are on site? What's the the patient uh uh practitioner ratio? things like that are are going to go a long way in

2:39:58 – 2:40:34Speaker 1

understanding detrimental impact and then health and safety, right? And again, I think it might be packaged there, but um Commissioner Reppy. Yeah, just I keep getting I'm at a kind of the loggerhead like you said here because a conditional use application is a pretty cut and dry kind of thing. there are series of conditions and it is a use that has been determined by city council that is a legal use in the city if it meets the conditions and I think it's important that we remember that and I think it's also important that everybody that's out there also remember that

2:40:30 – 2:42:03Speaker 1

and I'm kind that why I'm torn is I appreciate the neighbors concerns which are all you know they're legitimate concerns but unfortunately none of the concerns I had actually spoke gave any evidence of the application the applicant not meeting the criteria of the code. There was lots of ideas and concerns, but none of them saying, "Well, I don't think it's going to meet it for this reason." On the same side, I am not convinced that the applicant has done the same as well, where they have not convinced me that they have met the conditions of the code. And I think that that and I I'm I'm really warm into this idea of saying maybe we need to take a pause, let the teams reconstitute. I'm I was really focused especially when Commissioner Walker brought up the idea of the community relations board which to me seems that is the ideal vehicle and I would in a in a perfect world if I had a time machine I would suggest that you go back and constitute that and to use that to your do your outreach from what I'm understanding and again I'm only understanding from what I'm seeing in front of us is that that is supposed to be the mechanism to work with the neighbors with the community and with the city that this facility is in and to me it is a that there needs to be better discussion about these components because right now I'm not convinced that either the applicant nor any of the community folks have given me the they haven't get they haven't been able to kind of prove without a doubt that they meet or don't meet the conditions of the code.

2:42:00 – 2:42:11Speaker 1

We actually have when I walk the neighborhood we we do have people that have signed up to be part of our community relation board.

2:42:09 – 2:44:09Speaker 1

Great. We do have people that have checked the boxes and you have copies um that have agreed to hire our residents and then we just have local people that I usually talk to because they are waiting in line to order a hamburger or something and say do you live here? Um so you do have those. Um and we do plan to increase that and um I just wanted to share that with you. Madam Chair, can I ask a question about what you're proposing? Are are you proposing that we postpone the vote or what are you suggesting we should do as a commission? I I'm proposing that the applicant go back and do a little more sewing within the community that we as commission get an opportunity to really um get down to granular details because a lot of the questions that I have um there have been responses to but I can't point to that and I don't understand how that accountability how that accountability is measured, how that is enforced, and if it's and if it's in there, then for me there is a a test of is that detrimental impact or not. Is that um you know negatively impacting health and safety or not? But I can't determine that because I'm not seeing that. And it appears that a lot of the feeling that is happening in the room, those granular details have not been um very succinct and engaging around uh community, residents, stakeholders, uh the like. So, um I can't wrap my arms around it. Now, that doesn't mean that has to be on the table for all of the commission, but I'm suggesting that if

2:44:06 – 2:44:35Speaker 1

there is not clarity that the commission would need to pause. So, I guess I would I am hesitant on that point to leave the community in an uncertain position um and postponing that vote. Um, I I think it would be in the best interest of the community for us to take the motion and not leave leave them in a position of uncertainty.

2:44:33 – 2:45:23Speaker 1

Well, I'm not implying that they're just in waiting. I'm implying I'm saying very specifically that there be more engagement so that the community understands the details because they may not feel the way that they do if there is clarity. So there has to be some engagement between leaving here today uh with the community as dismiss has already um stated in briefing and here today at hearing and action. They're an open book. They want to answer all questions. They want folks engaged. Well, it's probably going to be on the news tonight. So there are going to be many more residents in the community that are going to be aware that some level of engagement needs to happen. at all.

2:45:21 – 2:46:05Speaker 1

Not again. You got it. Right now, we would probably close public testimony. Again, we've got a specific uh we've got specific criteria and that's what we would have to use. But I do believe that in additional engagement and then for uh commissioners really to be able to read this and hopefully get all the answers to many of the questions that many of us have had here today. Vice Chair O'Neal, are you um No, that's okay. Are you um do you have something to say on that? Are you and just so we are providing certainty, are you thinking that they would come back in two weeks or four weeks?

2:46:02 – 2:46:41Speaker 1

I would like to to discuss that. Would it be two? Would it be before that's negotiable? But I I don't know. Um based on the questions the commission has had that commission would be ready today. If if I could if I could say based upon the staff's recommendation and following exactly what they said, the two things we can challenge, compatibility to a community and the non-objective standards. You can't change the past and you can't pick the community up and take it somewhere else. I'm done. Thank you.

2:46:38 – 2:48:25Speaker 1

I think the community has been very clear about their position. I don't see where additional community engagement is likely to change the temperature in the room. I don't know that as you know commissioners that we're supposed to base our vote on the temperature in the room. I will say this that I have pervasive concerns about the operations model and the communications model. If this is the model that is being used around the country, I do not see anything in what is being presented that would mitigate the same issues that I think you know sort of add to the temperature in the room around the sensibility that maybe this is not safe. What I've been asking for is what adaptations have made been made to the operations plan that would mitigate the kinds of issues that DISM has built a reputation around not effectively addressing. That is a real concern for me. I don't know that additional community input or having them form boards and I don't know that that changes where this community is. They've been abundantly clear. What's not abundantly clear is how has DISMUS evolved and developed an operations plan beyond biometrics, beyond fingerprinting. I think I heard the use of Narcan come up and so and I'm being told that there there is no ability to bring drugs or anything into the facility but yet we have Narcan for overdoses. So there are just some things that I'm hearing that I am not able to map how this presents a clear and compelling case that it is safe and does not present health and safety risk to the broader community based on the ops and comms plan as presented. And I don't know that a 270 page distilling a 270 page document will accomplish that either.

2:48:23 – 2:49:13Speaker 1

And I don't know that it will either. Um, thank you, Commissioner Walker. So, um, if the commission feels that the test has not been met because that is what I've been saying from the moment that I open my mouth as it relates. Uh, I don't feel uh that I [clears throat] have my arms wrapped around that. I do feel that there have been uh you know some statements made that may not be very clear and then we come back to just the same with the Narcan. Um I uh am going to offer the commission to either move forward with some type of a vote uh to what is the recommendation? Is there a motion on the floor? moved.

2:49:10 – 2:49:55Speaker 1

Well, to take the vote on the recommendation. Okay. So, you want to you want to vote on the recommendation? Yes, ma'am. Okay. Is there a Now, this isn't voting to move it to make a positive recommendation. This is just you making a motion to say you want to move forward today. That is my motion. Yes, ma'am. Okay. Um, is there a second to move forward with a vote today? not necessarily what's in our reports. All right. Um, so then I'll do uh roll call. Commissioner Burton Faulk, I agree to that. Uh, Commissioner Hunt, I agree. Commissioner, thank you. Commissioner Antiano, yes. All right. Commissioner Kelly, I.

2:49:54 – 2:50:31Speaker 1

Thank you. Commissioner O'Neal, abstain. All right. Uh, Commissioner Rappy, abstain. All right. Uh, Commissioner Vatz, I. All right. And Commissioner Walker, I. All right. Okay. So, is there a uh motion on the floor, Commission? Would the motion be to reject the recommendation of staff or what would You can either make a motion to uh move forward to make a positive recommendation to council or you can propose a negative recommendation to council. I move a negative recommendation.

2:50:29 – 2:51:13Speaker 1

Okay, that's a motion. Do we have a a second? a motion based on uh Commissioner Antiano's uh negative recommendation to council. I second. Okay. Um Commissioner Kelly seconds and we'll do uh roll call at this time. Uh Commissioner Burton Faulk. I'm going to abstain. Commissioner Hunt. No. All right. Commissioner Interiano. No. No. Wait. Wait. The motion. No. No. No. The motion is to to say to deny. To deny. Yes.

2:51:10 – 2:51:54Speaker 1

So you you're saying yes. Commissioner Hunt. No. You're saying no. All right. We've got a yes. Commissioner Kelly. Yes to deny. So we're for the record. We know. Yes to deny. I'll put a D here so I know what's going on. Know where this woman? Oh, no. Uh, no to deny for Hunt. Okay. Uh, Commissioner O'Neal. Abstain. All right. Uh, Commissioner Repy, no. No. No to denying. No to deny. Uh, Commissioner Vatz,

2:51:53 – 2:52:37Speaker 1

staying. All right. And Commissioner Walker, I All right. I to deny. Right. All right. All right. Um, so I'll go back through uh, Commissioner Burton Faulk, I to deny. Commissioner Hunt, no. No. No. Commissioner Interiano, yes to deny. Correct. Thank you, Commissioner Kelly, yes to deny. Thank you. I appreciate this. Uh, Commissioner O'Neal, uh, abstained. Commissioner Repy abstained. No, no, no. No to deny.

2:52:35 – 2:53:16Speaker 1

No to deny. All right, there we go. Now we're uh Commissioner Vatz was uh abstain and then uh Commissioner Walker. So the let's see one 42, right? Yes. All right. So it's a negative recommendation. Negative recommendation to council. Y So it's a negative recommendation to council. Thank you. Thank you. Another agenda item. Uh so we just and sorry just to recap what happened director

2:53:14 – 2:53:40Speaker 1

before we get to director's report. Um planning commission voted to make a negative recommendation to council. So it means that we are recommending that council deny the application. That is the vote. However, please hold please be clear that this will go to city council and have another hearing will be the ultimate deciders. Thank you.

2:53:42 – 2:54:20Speaker 1

All right. So, here's what happens. Everybody has to kind of skim on out of the room. Uh and then we still have one more agenda item to cover, which is agenda item E, which is the director's report. So, I want to thank everybody for coming in. Thank you to the applicant residents online in person. Have a great rest of your day. Thank you. Bye bye. Bye. Okay. So, uh, Mr. Dash, you're going to cover agenda item E, which is the director's report. I will. Thank you, Commission. Uh, just,

2:54:17 – 2:55:02Speaker 1

um, unfortunately, we've got to finish and there's a court reporter, so I do apologize. If you guys can like tiptoe out like mouses, that would be fabulous. Are you're welcome to speak in the hall and you're welcome to stay for the the last portion. Have a good day. All right. Thanks. Uh so just for the director's report, uh Andrew Dash, deputy director, uh city planning. Uh just wanted to give an update as we had I think about four weeks ago to the commission on uh work around PGH 2050 the comprehensive plan. I'm sorry Mr. Sorry. Quiet. Yeah. Sorry.

2:54:59 – 2:55:32Speaker 1

That's okay. Um so you wanted to give an update on kind of April activities uh from the comprehensive plan PGH 2050. Um we did as we had noted the last time that we had briefed uh or given a director's report to the commission have a series of 13 community meetings um across the city also um you know created another opportunity online for folks um as a part of the those 13 meetings we did have around 400 attendees uh sorry

2:55:29 – 2:57:27Speaker 1

that's okay uh and you know like you know we gave a kind of brief presentation had an interactive activity with folks um you know around kind of the draft ideas around land use and the direction of land use as the city we understand that the city is going to grow and change over the next 25 years. Um and so you know in that really talk through kind of the overall all approach to what change and density and land use look like. Um talk about the approach as to how that can happen across a city. Um talk about mobility and infrastructure and open space connections. uh you know, as a part of that, um all of the information from the uh neighborhood meetings will be on the PGH 2050 website if commissioners want to be able to see uh what it was that we presented since the last one of those happened on Thursday. We are right in now in the process of really trying to compile all the input that we heard uh from those 400 attendees um you know over um you know as as we move into the next phase of the work which I want to make sure uh to bring up which is you know that we will be announcing in June there will be three openhouse events that will be public events um that will you know be kind of the evolution of that content around land use and around change um you know that it will really kind of focus on a series of big ideas through the comprehensive plan as to where we see uh the city heading and what we need to do to get it there. Uh and um you know and focus on priority uh policies. So although we focused on land use in these uh engagements in April, a lot of people had questions around all right well what does what does an anti-displacement strategy look like for the city or what does you know the policy around you know around housing you know or um business development growth or things like that happen across the city. And so a lot of people in those meetings really had

2:57:26 – 2:58:31Speaker 1

questions around policy when we were talking about you know kind of land use. And so we are looking to get into a lot of those big ideas and a lot of those polit policy directions at our engagements in June. Um most of the commissioners in some way or another are on things like the uh you know either our steering committee, our working groups or our focus groups uh for the plan. So you know as a part of that you know engagement in June there will be those meetings that we would encourage the commissioners that are a part of those groups to uh to be there participate um give us feedback and then also obviously um you know want to encourage uh for those who may not be able to make those uh to attend one of the public events as well which are scheduled for June 2nd, June 3rd and June 6th. Um I I have a quick question um just about like so I know at the so I was at like one of the first meetings of this new cycle and I know there was like a lot of comments being given on the land use direction.

2:58:28 – 2:58:59Speaker 1

Have you guys been like actively making ch I don't know why there keep being some feedback there but I apologize waiting for you to give your Oh okay sorry commissioner vats. Um so um have are you guys making updates to the land use plan like as those meetings happen or are you going through all of the engagement and then there will be an update that will be presented.

2:58:56 – 3:00:08Speaker 1

So we went through all 13 of those neighborhood meetings and kept the and kept the content consistent. Um what we did were there were kind of six categories of land use change that we discussed you know anywhere from adapt which was really looking at you know being able to protect existing residents and you know at the same time you know thinking about taking places offline in areas like that you know all the way to transform which were you know really areas where we saw significant land use and density change. Those are really that those six categories are really meant to inform a future land use map. And so, you know, we're going to, you know, we're going to give more direction in June as to as to where that direction is going. And so, that that is all that is all based. We we use those six categories to get, you know, kind of the rounds of feedback that we did in April um around a land use direction. and we'll be updating that uh for what comes to folks in June. Um with the intention that obviously when we get to a final plan, there will be a you know a final land use map um that the commission will will ultimately adopt uh to guide to guide its decision-m

3:00:06 – 3:00:50Speaker 1

and will will you guys be kind of presenting those iterations along the way? I'm assuming we're not going to just at the end of this all see the final product, but we'll kind of get to understand how we're getting there. Yes. And so uh you know it is our intention um you know we're going to go through this you know this this next round of engagement in the beginning of June uh so about a month out um we do intend to uh coming back to brief uh the commission and kind of a deeper way around you know kind of you know as the policy direction uh has led um you know as as what we're calling kind of um you know the evolution of the land use direction which gets into you know kind of what we're calling vision 2050 maps and character zones uh going to be talking about that with the commission.

3:00:48 – 3:01:32Speaker 1

Yeah. And I I I also just wanted to commend the department. I think the engagement sessions that have been happening, I mean, I've heard of from many people who have gone to them and I think people have really enjoyed them and appreciated um you know, the direction you guys are taking things and the additional engagement that's happening with the community. So, thank you for that. Appreciate it. All right. Um is there anything further? Uh thank you, Mr. Dash, for the report. Thank you. Is there anything further uh commissioners at this time hearing? None. Do I have a motion from the floor to adjurnn? Motion. Do I have a second? All in favor? I Sorry for keeping everybody a couple more minutes.

3:01:30Speaker 1

Damn it. We're ready to go. I know everybody.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.