Judge to Toll: "This is the Court of Common Sense"

Report on hearing before Justice Seamus P. McCaffery
Wednesday, February 25, 2003, 11:00 a.m.
Courtroom 1103, Criminal Justice Center, 1301 Filbert

Read Stephan Salisbury's article from the February 21 Philadelphia Inquirer

In a hearing during which the presiding judge repeatedly reminded Toll Brothers' counsel that the community had already waited fifteen years, the City and Toll agreed on several points of immediate action but could not agree on a strategy for a temporary cover for the roof damaged in the February 3 fire.

Points on which Toll agreed that actions were necessary within thirty days include the following (some are already in process):

• Retain an architectural historian to do a limited scope historic structures report. This will reconstruct the buildings' appearance at various points in time and estimate what would be involved in restoring the buildings to reflect those time periods.
• Measure and document roof elements and preserve a record of elevation, slope, etc.
• Photograph and document damaged elements
• Retain a geothermal engineer to assess water damage to the site.
• Salvage and store elements from the roof and verandahs to be reused or used as models for restoration
• Remove graffiti and clean the exterior masonry, including rust stains
• Maintain a full-time security presence
• Secure breaches to the perimeter
• Remove volunteer trees and vines
• Salvage and secure all cast iron columns and wrought iron fencing elements from verandah
• Put a second eight-foot fence with razor wire around the Strickland buildings
• Participate in a joint inspection (with the department of Licenses and Inspections) of the Commander's and Surgeon's residences

Counsel for the city noted that the perimeter was still highly permeable and that a neighbor had in fact made a point of entering the site from both the Grays Ferry Avenue side and the Schuylkill Avenue side and making considerable noise without attracting the attention of any guard. The point was noted although both counsels and Judge McCaffery discouraged any other neighbors from similar actions. "We want to all be moving forward together, not working to embarrass anyone," McCaffrey noted.

The means of providing a temporary roof for the building continued to be a point of discussion, with attorneys for Toll Brothers arguing for more time to review the Keast & Hood engineering report commissioned by the city and Judge McCaffery offering "Court of Common Sense" suggestions such as "why not just call down to Local 30?" and "you can get apprentices from Spring Garden to do the job for nothing." Judge McCaffery offered the opinion that the temporary roof was not a case in which the experts were either necessary or desirable.

"We don't want this to keep dragging on for another thirty or sixty days, and then another,and the first thing you know it's a year," McCaffery said. "Understand, we have two issues here. First, we have the issue of preservation of the building. Second, we have the issue that the building is an eyesore to the neighborhood."

John McDonald, a Toll spokesman, announced that Toll has already hired an architectural historian, a graffiti removal contractor, and a fencing contractor, and that chairman Robert I. Toll is actively involved in looking at a timely development of the site.

Judge McCaffery scheduled a hearing for Tuesday, March 4, 9:30 a.m., same location, to come to a swift conclusion regarding the temporary roof and any other outstanding issues. "In McCaffery's world, this means an agreement, a timeline, and sanctions," he said. He encouraged city officials to do everything in their power to facilitate Toll's efforts with expedited permits and related actions.

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