COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON RULES3 Room 400, City Hall6 Philadelphia, Pennsylvania Tuesday, December 6, 20117 10:15 a.m. PRESENT: COUNCILMAN JAMES KENNEY, CHAIR10 COUNCILMAN DARRELL CLARKE COUNCILMAN FRANK DiCICCO11 COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM K. GREENLEE12 COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL13 COUNCILWOMAN BLONDELL REYNOLDS BROWN BILLS 110793, 110798, 110842, 110846, 11084715 and 110826 - - -18 2
Good2 morning, ladies and gentlemen. The3 Council Committee on Rules is now in4 session. We have a quorum with members5 DiCicco, Goode, Greenlee, Miller, Clarke,6 Reynolds Brown and also have the presence7 of Councilman O'Neill.8 The first bill for9 consideration is Bill No. 110793, which10 is an ordinance approving the tenth11 amendment to the redevelopment proposal12 for the Haddington Urban Renewal Area,13 Unit No. 2 and Unit No. 3, being the area14 beginning at the northwest corner of15 Parrish and Fifty-Second Street,16 including sixth amendment to the urban17 renewal plan and the third amendment to18 the relocation plan, which provides,19 inter alia, for the additional land20 acquisition of one property for21 commercial and residential uses; the22 provision of certain relocation services,23 as required by law; and declaring that24 condemnation is not imminent with respect25 3 12/6/11 - RULES - 110793, ETC.1 to the Project.2 (Witnesses approached witness3 table.)4
Whoever is5 ready to go, please identify yourself for6 the record.7
Good morning,8 Mr. President and members of the9 Committee. My name is Richard Redding.10 I'm Director of Community Planning at the11 Philadelphia City Planning Commission,12 testifying today in support of Bill No.13 110793, approving the tenth amendment of14 the redevelopment proposal for the15 Haddington Urban Renewal Area. It will16 authorize acquisition of one property at17 20 North 59th Street in West18 Philadelphia. The property will be19 combined with other properties previously20 acquired for development of a21 transit-oriented development near 60th22 and Market.23 This is in accord with the24 Haddington Redevelopment Area Plan and25 4 12/6/11 - RULES - 110793, ETC.1 the Philadelphia 2035 Citywide Vision,2 the comprehensive plan approved in June3 of this year.4 The Planning Commission staff5 approved this amended redevelopment6 proposal on October 20th, 2011, and I'll7 be happy to answer any questions of the8 Committee.9
Thank you10 very much.11 Please identify yourself for12 the record and proceed.13
Good morning.14 My name is Ed Covington. I'm the15 Executive Director of the Philadelphia16 Redevelopment Authority. Good morning,17 Chair and members of the Committee. I am18 here to speak in support of Bill No.19 110793, the tenth amendment to the West20 Philadelphia Redevelopment Proposal and21 the sixth amendment to the Haddington22 Unit No. 2-3 Urban Renewal Plan for the23 Haddington Unit No. 2-3 Urban Renewal24 Area.25 5 12/6/11 - RULES - 110793, ETC.1 This bill will authorize the2 Philadelphia Redevelopment Authority to3 acquire one vacant lot at 20 North 59th4 Street. The acquisition will be funded5 with proceeds from the NTI bonds issued.6 The lot will be combined with other7 properties to be developed as part of the8 transit-oriented project that will9 include mixed-income residential and10 retail.11 This project will promote the12 elimination of blight and result in13 expanded housing opportunities for low-14 and moderate-income individuals and15 restore properties to the tax rolls.16 Chair and members of the17 Committee, I respectfully request18 favorable consideration of Bill No.19 110793 and would also ask the suspension20 of Council rules to allow first reading21 on December 8th, 2011.22
Thank you23 very much.24 There's no contemplated25 6 12/6/11 - RULES - 110793, ETC.1 amendments to this bill?2
Thank you.4 Any questions for these5 witnesses?6 (No response.)7
Seeing8 none, we will now move -- anyone else to9 testify on this particular bill?10 (No response.)11
We will now12 move to Bill No. 110798, an ordinance13 approving the fortieth amendment of the14 redevelopment proposal for the Model15 Cities Urban Renewal Area, being the area16 beginning at the northwest corner of17 Front Street and Spring Garden Street,18 including the thirty-second amendment to19 the urban renewal plan and the20 twenty-eighth amendment to the relocation21 plan, which provides, inter alia, for the22 additional land acquisition of23 approximately 49 properties for24 residential, institutional and related25 7 12/6/11 - RULES - 110793, ETC.1 uses; the provision of certain relocation2 services, as required by law and3 declaring that condemnation is not4 imminent with respect to the Project.5 Please identify yourself for6 the record.7
Again, good8 morning, Mr. President and members of the9 Rules Committee. I am Richard Redding,10 Director of Community Planning at the11 Philadelphia City Planning Commission,12 testifying today in support of Bill No.13 110798, approving the fortieth amendment14 of the redevelopment proposal for the15 Model Cities Urban Renewal Area.16 The bill authorizes acquisition17 of approximately 49 properties in several18 sections of North Philadelphia, including19 Strawberry Mansion, Norris Square and20 Northern Liberties.21 This action is in accord with22 the North Philadelphia Redevelopment Area23 Plan and the Philadelphia 2035 Citywide24 Vision, the comprehensive plan approved25 8 12/6/11 - RULES - 110793, ETC.1 in June of this year.2 The Planning Commission staff3 approved this on October 20th, 2011, and4 I'll be happy to answer any questions.5 Thanks.6
Thank you.7 Please identify yourself again8 for the record.9
Good morning10 once again. My name is Ed Covington,11 Executive Director of the Philadelphia12 Redevelopment Authority. I am here to13 speak in support of Bill No. 110798,14 which is the fortieth amendment to the15 redevelopment proposal and thirty-second16 amendment to the urban renewal plan for17 the Model Cities Urban Renewal Area.18 The proposal and plan provide19 for the acquisition of a total of 4920 properties, which are identified in a21 list that is attached.22 A total of nine properties -23 one occupied structure, two vacant24 structures and six vacant lots - will be25 9 12/6/11 - RULES - 110793, ETC.1 acquired on behalf of Friends2 Rehabilitation Program, Inc. FRP3 proposes the development of the4 Strawberry Mansion Homeownership5 Development: Phase II. This6 homeownership initiative is designed to7 create 12 newly constructed homeownership8 units for sale to low- and9 moderate-income residents.10 A total of 24 properties - two11 occupied lots, three vacant structures,12 nine occupied structures and ten vacant13 lots - will be acquired on behalf of the14 Philadelphia Housing Authority. PHA15 proposes to develop approximately 5016 rental units made up of townhouses and17 duplexes.18 A total of ten properties - one19 vacant structure and nine vacant lots -20 will be acquired on behalf of Norris21 Square. Norris Square proposes to22 develop ten newly constructed23 homeownership units for sale to low- and24 moderate-income residents.25 10 12/6/11 - RULES - 110793, ETC.1 One vacant lot will be acquired2 on behalf of the Norris Square Civic3 Association. Norris Square proposes to4 develop this parcel in accordance with5 the existing Hunter Homes development6 using program income generated through7 the NSP2 sales program.8 Three vacant lots will be9 acquired on behalf of Quality Community10 Health Care, Inc. These parcels will be11 assembled with three other City-owned12 parcels for the development of a new13 health care facility. VPRC has approved14 the sale of these parcels, pending the15 acquisition of the privately owned16 parcels.17 The above properties will be18 acquired utilizing funds from the19 Neighborhood Transformation Initiative,20 NTI. Two vacant structures will be21 acquired on behalf of Tower Investments.22 This will facilitate the assemblage of23 sites for mixed-use and24 residential-related development. Tower25 11 12/6/11 - RULES - 110793, ETC.1 will provide funding for the acquisition2 cost through an Assistance Agreement with3 the Philadelphia Redevelopment Authority.4 Please note that Section 5(a)5 of the ordinance is amended to delete the6 three Diamond Street properties from the7 closing paragraph of that section, so8 that the only properties not being funded9 with NTI are 208 West Diamond and 114810 North 2nd.11 Chair and members of the12 Committee, I respectfully request13 favorable consideration of Bill No.14 110798 and would also ask a suspension of15 Council rules to allow first reading on16 December 8th, 2011.17
Thank you18 very much for your testimony.19 Questions? Councilman20 Greenlee.21
Thank22 you, Mr. Chairman.23 Good morning, gentlemen.24 Mr. Covington, just -- and I don't have25 12 12/6/11 - RULES - 110793, ETC.1 your testimony in front of me, but I know2 you said I think in each of those plans3 there's some occupied properties?4
Are there6 plans what to do with the residents in7 there? Do you know, are they homeowners,8 owner residents? Do you know what the9 plan is for the people who are living10 there now, is what I'm getting at.11
There was a12 community meeting held on October 5th in13 which this opportunity was aired in a14 public forum. I'm going to ask Melvis15 Dunbar, who leads our relocation efforts16 for all of our residents, to speak17 specifically to your question,18 Councilman.19
Okay.20 Thank you.21 (Witness approached witness22 table.)23
Excuse me,25 13 12/6/11 - RULES - 110793, ETC.1 ma'am. Do me a favor, could you please2 pull the microphone close to you and3 identify yourself for the record.4
Yes. My name is5 Melvis Dunbar. I'm the Director of Real6 Estate Transactions at the Philadelphia7 Redevelopment Authority.8 In response to your question in9 regards to the plans for relocation, the10 Philadelphia Redevelopment Authority will11 be working with each of the households,12 some of which are homeowners and some are13 renters. So we will work with them to14 relocate them in and around the area,15 which is the 31st, Arlington and Monument16 Street.17
Okay.18 Have those conversations happened yet or19 are they in the planning stages?20
We have not yet21 had specific conversations with them22 because the law basically prohibits us to23 have specific discussions, but we did24 discuss it in a general manner at the25 14 12/6/11 - RULES - 110793, ETC.1 meeting.2
Thank you,8 Mr. Chairman.9 Good morning.10 (Good morning.)11
I want to12 first, because you all were asked the13 question, I was going to let you respond,14 but I just wanted to get a little more15 specific in terms of one of the16 developments, the one in Strawberry17 Mansion. Like Mr. Covington said, we did18 have a community meeting. There were19 certain things based on the law that the20 Redevelopment Authority was prohibited to21 have discussions about. Fortunately, I22 was not bound by that particular law, so23 at that community meeting, we got24 in-depth conversations with some of the25 15 12/6/11 - RULES - 110793, ETC.1 residents who were interested in staying2 in the neighborhood.3 A block away from that4 particular neighborhood -- I'm just5 putting this out here for the record,6 because the people who were in the room7 who were at the meeting know this. We8 have just completed approximately 289 units of for-sale housing by Friends10 Rehab Development Corporation. As we11 have done in several projects within the12 North Philadelphia community based on13 compensation of the proceeds from the14 condemnation and relocation fees, we have15 been in a position to actually utilize16 those dollars and basically move people17 into new homes in proximity to the18 proposed development.19 It's fully anticipated if20 people are interested in doing that in21 this particular case, we could very22 conceivably, very well conceivably move23 people from their existing location a24 block away to a brand new house, because25 16 12/6/11 - RULES - 110793, ETC.1 we are very aggressively trying to sell2 those new houses.3 So the meeting -- there were a4 number of questions at that particular5 meeting about some of the benefits6 associated with some of the condemnation7 process, and we got into great detail. I8 actually see some of my former neighbors,9 because I no longer live there, and I10 know they may want to have some11 questions. So I just wanted to put that12 out there for the record.13
Thank you18 very much.19 Any other questions for these20 witnesses?21 (No response.)22
Seeing23 none, anyone else to testify on this24 particular bill?25 17 12/6/11 - RULES - 110793, ETC.1
My name is Jihad Ali.10 I'm a founder of the Contractors11 Roundtable, which is an African American12 contractors association in Philadelphia.13 My question I had about this14 project, Councilman Clarke, is, on both15 of the bills that the RDA came up here,16 do we have an EOP plan?17
The EOP --18 we do not have an EOP plan on this19 particular project because it's a20 condemnation. So it's the City -- the21 Redevelopment Authority actually taking22 property into their ownership.23 Subsequent to that, once we24 consolidate ownership, we will then25 18 12/6/11 - RULES - 110793, ETC.1 convey that property to the Philadelphia2 Housing Authority, and at that time,3 there will be an ordinance with an EOP4 plan attached, because at this point, we5 don't have a project yet.6
Would that be in all7 the projects, even the Tower Investment8 project?9
Is this something we12 can find out about on all the other13 projects that's involved in this bill?14 Because the issue that I have is, when we15 deal with the Redevelopment Authority --16 and they're all gentlemen over there,17 especially Mr. Covington and Mr. Koonce18 has done -- he's done outstanding work on19 behalf of the citizens of Philadelphia,20 but when it comes to this issue about21 minority participation, detail reports,22 I've attended numerous Board meetings at23 the RDA. All they do is pass around24 papers that say -- they talk about --25 19 12/6/11 - RULES - 110793, ETC.1 they give an attestation of what2 participation is, but it's always3 percentages. We call them phantom4 percentages, because we could be -- I've5 said this before at the Board. We could6 be talking about the same group of7 contractors doing the same job throughout8 the year, because all we see is9 percentages.10 So we're looking for a detailed11 report. I can't get it from them,12 without having an attorney and going13 through this and going through that, our14 Right to Know records. That's the only15 way I can get this stuff. But ultimately16 we're all in one accord about this issue,17 especially you, Councilman Goode, so we18 need to get access to the information.19 That's really what I need. Even if they20 give it to you, either one of the Council21 offices. I'm confident that then I'll22 get it.23
Mr. Koonce,24 do you have anything you'd like to or25 20 12/6/11 - RULES - 110793, ETC.1 anyone from RDA would like to add to the2 record?3 (Witness approached witness4 table.)5
Good morning.8 Ed Covington, Executive Director of the9 Philadelphia Redevelopment Authority.10 I guess with respect to EOP11 plans in general, our process is very12 consistent. As the Councilman alluded13 to, all of these that we have presented14 today for Rules Committee are15 acquisitions, condemnations, and so there16 is no EOP plan until we have projects17 that we would then present to the Board18 and to Council for their consideration19 with respect to the EOP plans, and those20 are publicly presented plans that are21 contained within the proposals that we22 present to Council, and so each of them23 is shared in a transparent manner, in a24 consistent manner. And that information25 21 12/6/11 - RULES - 110793, ETC.1 is available to the public for its2 consideration and to Council.3
That's where we4 disagree. Where Mr. Covington -- the5 issue is not about consistency. It's6 about transparency. His transparent is7 not my transparent. Most of the time8 when I'm out in the street, the9 Councilpeople, I see the people that put10 you there, and they all think that --11 they all don't know what's happening, but12 the reality is, you're fighting for us,13 you're trying to get this stuff, but when14 it goes over to these agencies, there's a15 different reinterpretation of what16 transparent is. All we want is documents17 to show who is getting the work and their18 dollar amounts.19 Now, the process that he says20 is transparent is that phantom number21 thing I'm telling you about. You go22 there, there's a Board, passes a23 resolution, it gives the past performance24 of contractors. It might say his name,25 22 12/6/11 - RULES - 110793, ETC.1 and then it will say they achieved X, Y,2 Z in percentages. We want to know the3 detail report so we can see who is making4 the money so we can take our complaint to5 them.6 COUNCILMAN KENNEY:7 Councilman -- I'm sorry.8
Just a brief9 response. Again, my name is Ed10 Covington, the Executive Director of the11 Philadelphia Redevelopment Authority.12 We do not have -- the plans13 that are set forth in our proposals that14 come before Council's consideration15 really contain a plan as the developers16 have put together as to what the17 components will be and how they will18 attempt to deliver in accordance with19 that plan. We cannot give information on20 the front end of those. That is21 unavailable, because those projects,22 until they are approved, cannot be23 commenced. We won't know until the24 completion of the project as to how well25 23 12/6/11 - RULES - 110793, ETC.1 they have performed against the EOP2 plans. And so there's no opportunity to3 present an answer to a question at the4 time that the Board and Council considers5 it. We can only look at these results6 after the fact.7 We're actually pretty good8 about identifying those developers who9 have performed or not performed against10 that. And I was looking at some recent11 statistics and we've had about a 3512 percent rate of participation of minority13 vendors recently, as I looked at our14 score card. So I think we've actually15 done a reasonably decent job of ensuring16 that our developers performed against the17 EOP plans that they have set forth and18 that we presented to Council.19
Mr. Covington, thank20 you for your time.21 This whole issue about22 participation about what they've achieved23 back to the phantom numbers, when they24 say "minorities" -- I say "minority," I25 24 12/6/11 - RULES - 110793, ETC.1 mean African American men and African2 American women. That's what I'm here3 for. I'm not ashamed to admit it.4 That's my concern.5 But I can't get that6 information in order to bring a complaint7 to my Councilpeople. So, you know, the8 issue is, we keep -- we're on a9 treadmill. They can't tell us because10 they haven't performed. When they have11 performed, we can't get the reports. So12 we're in this vicious cycle. And until13 we can present this to you, our14 Councilpeople, to at least see what's15 going on, maybe if not this project,16 maybe the next one we can do something17 about it.18 Thank you for allowing me to19 speak into the record.20
Thank you21 very much.22 Councilwoman Reynolds Brown.23
Good24 morning, gentlemen. The both of you can25 25 12/6/11 - RULES - 110793, ETC.1 stay there.2 I want to dig a little deeper3 into the concern raised. Speak about the4 35 percent again. What was that in5 reference to?6
That was a7 recent analysis I had run by the folks8 over in OHCD who do the compliance, Lynn9 Newsome's group. So they went back and I10 asked them to run the record of our11 projects that had gone through with EOP12 plans from, I believe it was, January13 2010 to June of 2011 and to show me on a14 static project-by-project basis really15 how we had done with respect to MBE/WBE16 performance with respect to the projects17 where we had EOP plans. And I was18 pleased to see that there was actually a19 very solid performance on those projects.20 One of the things that's21 disconcerting when we look at some of22 those numbers on a project-by-project23 basis, if you look at a project that's 3024 percent complete, the numbers may look25 26 12/6/11 - RULES - 110793, ETC.1 bad at the time of reporting, but really2 the best way to judge how we're doing3 against that is to look at it on a4 completed project basis and see how did5 we do, how did this developer do. And so6 that's what we're building in the systems7 to continuously manage, and that's why8 they ran that report for me, because we9 were very concerned to make sure that we10 were actually delivering on those11 objectives.12 So we will do that on a13 continuous basis to make sure that the14 developers are delivering on these15 objectives.16
So all of17 what you've just spoken about happens on18 the back end, correct?19
There's ongoing20 reporting that's done by Lynn Newsome's21 group.22
Lynn Newsome's25 27 12/6/11 - RULES - 110793, ETC.1 group within OHCD. We don't have2 compliance people within our shop. Those3 are housed in the Office of Housing and4 Community Development. But they will5 advise when they see low performance on6 MBE/WBE goals under the plan, they will7 send a signal to the developer. We'll8 get that signal. We'll reenforce that9 signal with the developer to make sure10 we're collaborating to send the right11 messages to them to make sure that they12 still have a plan to deliver against13 those objectives.14
Okay. So15 now let's speak about the very narrow16 issue that's been raised, and that is17 around condemnation. How does RDA handle18 the process which ensures that MBE/WBEs19 are involved in the condemnation stage of20 what you do?21
The22 condemnation stage is not an EOP-based23 initiative. It's really the projects24 that result from the condemnations that25 28 12/6/11 - RULES - 110793, ETC.1 have an EOP plan.2
So then3 what internal mechanisms or signals do4 you put in place to ensure that when5 condemnation happens, it's reflective of6 some commitment to MBE/WBE activity?7
The MBE/WBE, if8 I understand your question, is really I9 believe activated at the moment of which10 we have now assembled property which is11 available for a development project.12 It's that development project that must13 then deliver a proposal that has the14 MBE/WBE goals contained within it.15
So once we have17 acquired the property -- so, for example,18 to use one of the cases that was before19 us with Friends. Friends will then20 deliver us a proposal to complete the21 homeownership units that they have in22 their mind. Within that proposal will be23 an economic opportunity plan that will24 meet the specifications and set goals and25 29 12/6/11 - RULES - 110793, ETC.1 parameters around MBE/WBE involvement.2 It won't be in the condemnation phase; it3 will be in the phase in which they4 deliver their proposal.5
All right.6 And so -- I follow you, and my question7 is, and why not in the condemnation8 stage?9
The10 condemnation phase is totally handled by11 the Redevelopment Authority. So there's12 no other involvement in terms of a plan,13 because we are in the process of14 acquiring the property, dealing with15 issues such as just compensation for the16 individuals.17
Our staff is20 taking care of that. There is no -- we21 do not outsource the condemnation22 process. That is totally handled by the23 Redevelopment Authority. Melvis Dunbar,24 who testified earlier, is the leader of25 30 12/6/11 - RULES - 110793, ETC.1 that team, and it's housed within our2 agency.3
That was4 not clear to me.5 Now, having heard that, do you6 better understand that particular aspect7 of the narrow issue you raised?8
Well, Councilwoman,9 thank you. I do understand what he said.10 But if you look at it, this Council11 passed an ordinance about spending City12 dollars, whatever the process is, whether13 you want to call it condemnation or EOP14 plans or minority participation. If15 they're spending dollars in any stage of16 that process, we need to have some type17 of mechanism to ensure that those dollars18 are being given to -- opportunities are19 given to all our citizens. So even if20 they're doing it in-shop, they should21 have responsibility.22 During his testimony, he talked23 about OHCD. Really if you ask me, what24 is that, compared to our Office of25 31 12/6/11 - RULES - 110793, ETC.1 Economic Opportunity, they are the ones2 that have the responsibility in this city3 to ensure participation, not OHCD, not4 the RDA, but OEO. There's a disconnect5 between what they report out of RDA to6 OEO. The yearly reports you get, we get7 a one-page document from OHCD and RDA on8 what their participation is, one page9 that talks about $200 million and what10 they achieved. We don't get the detail11 report of OEO, and that's the one who12 ultimately has responsibility, in my13 opinion.14 COUNCILMAN KENNEY:15 Mr. Covington, is there any opportunity16 for you to come back here once the17 proposal, the plan of development, has18 been accepted and begin to move forward?19 Do you come back here?20
We always do,21 sir. We always submit -- there's nothing22 that would come out of this condemnation23 that would not reappear in front of24 Council Chambers with respect to a25 32 12/6/11 - RULES - 110793, ETC.1 project with an EOP plan. It's not2 possible for something to happen without3 that.4
So when the5 development plan comes back to us, of6 course, there'll be an economic7 opportunity plan attached?8
At which11 time we can now again have this12 discussion about whether or not you think13 it's real or not. The ultimate issue is14 whether you -- not that they don't attach15 the plan to the proposal, but whether or16 not it's real; is that correct?17
I would also19 add just for additional clarification of20 the points, the OEO works very closely21 with OHCD with respect to the goals that22 we set and they review those performance23 and provide feedback. So there's a very24 close relationship with the Office of25 33 12/6/11 - RULES - 110793, ETC.1 Economic Opportunity with OHCD and with2 Redevelopment Authority. So I believe3 that all three parts of the City4 government apparatus are aligned in their5 objectives around these EOPs.6
But the7 ultimate question is whether or not this8 gentleman, this witness, agrees with your9 assessment at the end of the process.10
Just very15 briefly for clarity of record. Thank you16 for your testimony, Mr. Ali, and you are17 correct, it's actually because of your18 advocacy that we passed legislation this19 fall that actually was signed into law.20 And so I just want to make Mr. Covington21 aware.22 Aside from the fact that there23 is not a project yet and if there was a24 project that required an EOP, they would25 34 12/6/11 - RULES - 110793, ETC.1 have to be submitted to Council, you2 should be aware and make your contractors3 and developers aware that based on the4 law that we passed this fall, those5 contractors and developers have to6 directly submit that information to the7 Chief Clerk as well, so that it will be8 public information.9
Thank you.11 Councilman Clarke, do you have12 anything else?13
If I say14 what I'm getting ready to say, it's going15 to probably add an additional 15 minutes16 to the hearing, so I'm not going to say17 it.18 But real quick. There's one19 thing as it relates to Redevelopment20 Authority activity on condemnation, and21 I'm not clear to the extent, but I know22 that appraisals are done. They are in23 fact outsourced. So you may want to look24 at that in terms of participation of the25 35 12/6/11 - RULES - 110793, ETC.1 appraisers, in addition to which I2 believe there are some legal components3 within the condemnation as it relates to4 the filing with the courts. And I'm not5 sure if that's outsourced or not, but I6 don't want to get too deep. There are a7 couple of --8
The appraisal9 work is third-party work. The legal work10 we do inside with our legal team.11
To the extent16 that we have legal actions subsequent to17 the condemnation, there may be18 periodically the involvement of19 third-party counsel, but for the most20 part, the appraisal would be the21 limitation --22
I would23 recommend that you do a review of that,24 because I'm sure it's going to come up.25 36 12/6/11 - RULES - 110793, ETC.1
Councilman12 Clarke is extremely knowledgeable about13 what we're talking about. I'm learning14 as we go along. So on appraisals, is15 there any sensitivity given to the16 prevailing issue amongst members of17 Council and some department heads who18 understand it and embrace it? Does the19 appraisal list look like Philadelphia,20 MBEs and WBEs?21
I can't give22 you a specific response, but I certainly23 will go back and make sure that we24 re-evaluate to make sure that we are as25 37 12/6/11 - RULES - 110793, ETC.1 inclusive as possible with respect to2 that activity.3
Okay. So4 when can we see a copy of that list, the5 existing list?6
I don't know7 that we have what I would call an8 existing list. There is a process where9 we have an appraisal team within the10 Redevelopment Authority that goes and11 solicits appraisals generally when we12 have the need with respect to property13 valuations. I'll be happy to --14
So it's a15 rotating list; it's not one standard hit16 list?17
Okay. All20 right, then. Well, then know that this21 question will come up again during budget22 season.23
Thank you.25 38 12/6/11 - RULES - 110793, ETC.1 Thank you, Mr. Chairman.2
Thank you3 very much.4 Any more questions for these5 witnesses?6 (No response.)7
Seeing8 none, anyone else to testify on this9 bill?10 Please come forward.11 (Witness approached witness12 table.)13
Good14 morning. Please identify yourself for15 the record.16
Good morning. My17 name is Vernetta Canty. I live on18 Arlington Street, one of the blocks19 that's set for the condemnation, and20 basically I just wanted to voice my21 objection to the whole process, because22 when the Redevelopment Society had came23 in in regards to the meeting that was24 actually held, no one actually gave us25 39 12/6/11 - RULES - 110793, ETC.1 some other alternatives, because there2 are people who actually would like to3 stay in the community. And we weren't4 given any other alternatives as opposed5 to them just coming in, taking over our6 property and just moving us out to7 another location. Because, as I said,8 there are people like myself and some9 other neighbors, there aren't a lot of us10 on the block, but we are interested in11 staying.12 Now, I have driven around my13 community where they have actually come14 in and they've actually taken over some15 of the other properties, and there are16 properties that have actually been left17 on these other blocks that were still18 standing, and they're standing right now,19 and I think given a choice, some of the20 people on Arlington Street, maybe21 Monument, I don't know for sure, but they22 would like that choice.23
I think24 that Councilman Clarke had made comment25 40 12/6/11 - RULES - 110793, ETC.1 earlier about the relocation within a2 block or two of this particular project3 into new housing. I believe he made some4 comment earlier about that.5
We're not talking6 about relocation. We're talking about7 actually staying where we are, because8 what -- excuse me, I'm a little nervous.9
The houses that are12 being built, when you look at them as13 compared to the houses that are there,14 they're a lot smaller. And I know15 there's one family in particular, they're16 a large family and they can't fit in one17 of those houses like that, and they would18 actually like to stay in their house.19 And, like I said, I'm just trying to20 voice it so that everyone knows my21 objection and probably some of their22 objections to this. I want it on the23 record.24
Because it seems to2 me that the Redevelopment Corporation3 doesn't have my interest really at heart.4
Okay.5 Thank you for coming down and expressing6 your opinion. I appreciate it. Thank7 you.8
Anyone else10 to testify on this bill?11 Please come forward.12 (Witness approached witness13 table.)14
Please come16 forward and have a seat. Please identify17 yourself for the record.18
Basically I have a22 few holdups in this whole eminent domain23 redevelopment thing. I'm an24 entrepreneur, I'm an investor, and, you25 42 12/6/11 - RULES - 110793, ETC.1 know, growing up in a low socioeconomic2 environment, always striving to get more3 and attain more and be ahead of the4 vision, I thought I was doing that. And5 part of the reason why I purchased this6 investment property was because I saw the7 vision of the new development coming in8 as sometime in the future and I will be a9 part of that transformation. But what10 I'm hearing is that I'm kind of forced to11 be displaced. And ultimately as part of12 the Council, you guys sell us the13 American dream. I was actually chasing14 that dream, and I just feel like I'm15 getting cut a little short without any of16 my doing.17 I'm trying to do everything18 right. I'm trying to live that,19 quote/unquote, American dream, but yet20 here I am being displaced, with no21 rebuttal and I just have to accept it,22 and I just -- you know, just being a23 person of equality, I just don't think24 that that's fair.25 43 12/6/11 - RULES - 110793, ETC.1
Have you2 had a discussion with the Redevelopment3 Authority relative to --4
I have. I was at5 the meeting and things like that. I have6 another holdup as well. Being an7 investor in real estate, they told me8 that it's going to be a fair market9 assessment as far as the appraisal and10 things of that sort. Well, we know we're11 in a recession. I mean, I know all of my12 property values have dropped13 significantly. So, okay, a fair market14 assessment will not be a fair market15 assessment probably in the next two years16 and it wasn't probably two to three years17 ago. So ultimately I'm at a total18 disadvantage, you know. One, I'm being19 displaced and not being able to live out20 the American dream, and, two, I'm being21 forced to accept the mediocre, at best,22 value of my home, in which I thought it23 would benefit my children. I got two24 sons, you know. I don't want them to25 44 12/6/11 - RULES - 110793, ETC.1 struggle like I did.2
I think the7 offer -- I mean, that process is, I8 guess, ongoing, and there's always the9 opportunity to dispute that offer from a10 legal standpoint. So, I mean, it's hard11 for me to comment on something that12 hasn't been offered yet.13
To know15 whether the offer is fair or not, or what16 you paid for the property as opposed to17 what they're offering to buy it from you,18 how much they're willing to pay.19 So I'm at -- we're at a bit of20 a disadvantage in commenting on that21 because it hasn't happened yet.22
And it25 45 12/6/11 - RULES - 110793, ETC.1 can't happen unless we don't move this --2 if we don't move this process forward, it3 doesn't happen at all. So that's where4 we are at this point.5
I understand. So6 it's just stay in my place as usual as a7 citizen and just wait to see what you8 guys do to me?9
Well,10 certainly no one is intending to do11 anything to you. Through all the times12 that I've chaired these hearings relative13 to the RDA and these kind of processes,14 there's always some folks that are upset15 and unhappy, and we understand that, but16 there are other issues that we need to17 take into consideration.18
Hopefully20 you'll get to an equal place or a fair21 place with the RDA. And Councilman22 Clarke's light is on.23
Thank you,24 Mr. Chairman.25 46 12/6/11 - RULES - 110793, ETC.1 Good morning.2
Thank you7 for coming to the meeting. You expressed8 yourself at that meeting and here today9 very well. I actually agree with you,10 and I thank you for having that vision.11 As a person who grew up in that12 neighborhood, as you did, we understand13 the necessities of bringing that14 neighborhood back, because we do have15 some challenges around there. We're16 starting to see flickers of light as a17 result of the new investment.18 Again, not bound by the law, I19 can say some things kind of off the cuff20 that the Redevelopment Authority can't21 say. I understand that there's always a22 concern about new houses versus the23 existing housing stock. It's always a24 belief that the new houses aren't built25 47 12/6/11 - RULES - 110793, ETC.1 to the quality of the old houses, and2 that's probably true. Materials are what3 they are. But the good thing in this4 particular neighborhood, there happens to5 be opportunities within that same6 neighborhood with housing stock that's7 either owned by the City of Philadelphia8 or that's being sold by a developer9 that's exactly like the housing stock10 that's being condemned today or very11 comparable.12 Speaking one, I was up on 31st13 Street this Saturday speaking to the lady14 about one of the older homes there.15 There's currently a house -- and I'm not16 here to market properties, but I guess I17 am. There's currently a house for sale18 in the middle of 31st Street that's a19 rehabilitated house, and it's a20 three-story structure, brick, large, as21 large as the ones that are currently22 being condemned, and, interestingly23 enough, that particular house has had the24 most interest in terms of people wanting25 48 12/6/11 - RULES - 110793, ETC.1 to buy it, because it looks like the2 existing house in the neighborhood.3 So I clearly understand that4 mindset. There are actually a couple of5 other properties in proximity to -- and I6 don't want to get into specific7 locations -- to the development that's8 proposed that are also the same size that9 are multi-unit properties that are10 actually owned by some entities within11 the government.12 So as we have this13 conversation, I would encourage you to14 talk in some level of specificity about15 if you want to stay in that immediate16 neighborhood with your investment, talk17 about some of the very specific18 properties, and then another time I can19 kind of talk to you a little bit about20 what I know that's actually available in21 that same area, because I would like for22 you to stay in that neighborhood with23 your investment and subsequently have24 your family be a part of what we hope25 49 12/6/11 - RULES - 110793, ETC.1 will one day be a regenerated Strawberry2 Mansion.3
I mean, I4 appreciate it. I mean, I understand both5 sides. You guys have to satisfy a side,6 but as a citizen that's looking at my7 future forecast, two children, you know,8 I want to be appeased as well. So that's9 basically it.10
Anyone else14 to testify on this bill?15 (No response.)16
Seeing17 none, we will now move to -- by the way,18 I want to just make an announcement that19 Bill No. 110846, which is the commercial20 advertising district in the eastern part21 of Center City, the bill sponsored by22 Councilman DiCicco, is being held, so it23 won't be heard today. So if you're here24 to testify on that bill, it won't be25 50 12/6/11 - RULES - 110793, ETC.1 considered until next term.2 The next bill for consideration3 is Bill No. 110847, which is an ordinance4 to amend the Institutional Development5 District Master Plan of the Aria Health6 System - Torresdale Campus (formerly7 Frankford Hospital), located at 108008 Knights Road, by allowing for the9 construction of a building addition to be10 used for emergency and outpatient11 services.12 Mr. Kramer.13 (Witnesses approached witness14 table.)15
Good morning,16 Councilman Kenney and members of the17 Rules Committee. I am William Kramer,18 Division Director of the Development19 Division of the Philadelphia City20 Planning Commission. I am here to21 testify on Bill No. 110847, which was22 introduced into City Council November23 17th, 2011.24 Bill No. 110847 amends the25 51 12/6/11 - RULES - 110793, ETC.1 Master Plan for the Aria Health System -2 Torresdale Campus (Formerly Frankford3 Hospital) Institutional Development4 District. The campus is located at 108005 Knights Road at the intersection of6 Knights Road and Red Lion Road in7 Northeast Philadelphia.8 Bill No. 110847 will permit an9 addition to the main hospital structure,10 which will be used for emergency and11 outpatient services. The addition will12 include a five-story building located to13 the west of the existing main hospital14 structure and will be used as the new15 emergency department. The new building16 will include a main entrance and17 reception lobby, an ambulance interface18 area, urgent care and trauma units,19 diagnostic imaging facilities, two20 stories of outpatient functions, lab21 space and other accessory spaces.22 The proposed construction will23 displace the hospital's existing annex24 building and temporary ER structure.25 52 12/6/11 - RULES - 110793, ETC.1 Site improvements will include parking2 and traffic upgrades, comprehensive3 signage, stormwater management facilities4 and landscaping. The project will create5 approximately 40 new full-time jobs on6 top of the more than the already existing7 1,500 full-time positions.8 The Philadelphia City Planning9 Commission at its meeting of November10 15th, 2011 recommended approval for this11 proposed IDD amendment. Therefore, Bill12 No. 110847 is considered an item in13 accord with previous policy.14 I would be happy to answer any15 questions you may have.16
Thank you17 very much.18 Any questions for Mr. Kramer?19 (No response.)20
Seeing21 none, we will now call Mr. Tantala, Erin22 Kelly and Christine Winn.23 (Witnesses approached witness24 table.)25 53 12/6/11 - RULES - 110793, ETC.1
Whoever2 would like to go first, please identify3 yourself for the record and proceed.4
Members of the5 Committee, good morning. My name is6 Michael Tantala. I'm an engineer working7 with Aria Health in support of their8 proposed IDD Master Plan amendment to9 include an emergency and outpatient10 services addition at their Torresdale11 Campus in Northeast Philadelphia. With12 me today is Ms. Christine Winn, Executive13 Director for Aria Health; Ms. Erin Kelly,14 Project Architect with Francis Cauffman15 Architects; Mr. Mark Leemaster, Project16 Manager for this expansion; and Mr. Herb17 Young, Regional Director of Community18 Affairs for Turner Construction Company.19 At this time, Ms. Kelly will20 present the merits of the proposed21 emergency department expansion, and22 Ms. Winn will speak on behalf of the23 hospital. We're happy to answer any24 questions that the Committee may have.25 54 12/6/11 - RULES - 110793, ETC.1
Before we2 get started, I'd like to put the horse3 before the cart. Do you have an EOP plan4 attached to your legislation?5
We do not. We're6 actually working with the office at this7 point.8
But the construction10 company that we have selected, Turner,11 actually does have an EOP plan.12
And is it13 available to be attached as an amendment14 or as an exhibit?15
We have a copy of16 the plan, their plan. We're not certain17 yet if it's approved by the OEO, but we18 are communicating and working with the19 OEO. We'll attach it, but that may20 change to more fit the format of the OEO.21
Without22 objection, I'll allow you to proceed. If23 the Committee could see a copy of it,24 that would be helpful. And please25 55 12/6/11 - RULES - 110793, ETC.1 continue with your testimony.2
Good morning. My3 name is Erin Kelly. I'm with Francis4 Cauffman Architects. I'm working with5 Aria Health on the addition of a new6 emergency department and outpatient7 services building on the Aria Health8 Torresdale Campus.9 This IDD Master Plan amendment10 would provide for a new five-story11 addition, approximately 153,000 square12 feet, that would house a new emergency13 department and outpatient services, as14 well as providing a new outpatient lobby15 entry. Site improvements would be made16 to provide new circulation and parking17 for both patients and visitors.18 The new building addition will19 contain five stories, and on the first20 level, there will be plant engineering21 mechanical support spaces for the22 hospital. The main entry, the ground23 level floor, will be the emergency24 department, which will be a25 56 12/6/11 - RULES - 110793, ETC.1 state-of-the-art facility, expanding2 their current facility from 30 treatment3 bays to 46, introducing a new enlarged4 trauma suite and dedicated radiology5 imaging within the department.6 The upper two levels will7 contain outpatient services that will be8 a combination of physician suites and9 specialty physician suites.10 The top floor, the fifth floor11 on the rendering, you'll see is the12 mechanical penthouse, which will house13 mechanical infrastructure to support this14 building.15
I don't16 believe there are any questions for this17 witness. Whoever else has testimony to18 offer, please.19
Please pull21 that microphone just a little closer to22 you.23
My name is Christine24 Winn. I'm the Executive Director for25 57 12/6/11 - RULES - 110793, ETC.1 Aria Torresdale. Pleasure to be here2 this morning.3 As you may or may not know,4 we're a 258-bed hospital located in the5 Northeast. We serve a population of6 about 12 zip codes. That makes up about7 390,000 residents of Philadelphia. Our8 projections in the future look that our9 population of the over 65 group will be10 increasing, and so one of the reasons why11 we'd like to make better access for our12 residents.13 We did a recent community needs14 assessment, and that points to issues15 being included diabetes, obesity and16 hypertension. We have 14,000 discharges17 and 50,000 emergency visits currently,18 which 20 percent are admitted.19 We've been a trauma center for20 over 20 years, and we see about 1,10021 patients from that service. With our22 proximity to many nursing homes as well23 as major highways, we see mechanism of24 injury being mostly falls as well as25 58 12/6/11 - RULES - 110793, ETC.1 motor vehicle accidents.2 This project allows for us to3 increase access, and I'll speak very4 quickly to an incident that happened5 yesterday with the Father Judge High6 School. As you know, many of the7 residents of that area did come to Aria8 Torresdale. We served over 100 people9 yesterday, which was a complete surge for10 our emergency department. We actually11 doubled our visits. And in response to12 that, we did have to open a conference13 room in order to appropriately treat the14 patients. With a new department such as15 this, that would allow for us to have the16 capacity to be able to surge in a17 treatment space.18 We're incorporating19 evidence-based design elements, and this20 campus access will also be improved21 through straightening roads,22 beautification of the campus with trees23 added, new pedestrian crosswalks and24 drop-offs, and a new Knights Road25 59 12/6/11 - RULES - 110793, ETC.1 entrance and exit, which will open early2 summer 2012. We will also reduce the3 congestion as part of this project on Red4 Lion Road, and that entrance or exit will5 officially close as of winter 2014.6 So in conclusion, this7 expansion will help us serve our8 community better. It will improve our9 campus throughput and creates10 opportunities now for jobs. So I11 respectfully request approval of our12 project, Bill 110847.13
Thank you14 for your testimony.15 Are there any questions for16 these witnesses?17 (No response.)18
Seeing19 none, thank you.20 Is there anyone else to testify21 on this bill?22
Yes.23 (Witness approached witness24 table.)25 60 12/6/11 - RULES - 110793, ETC.1
My name is Jihad Ali.5 I'm President of the Contractors6 Roundtable. I'm here to speak on behalf7 of Bill 110847.8 Councilman Kenney, I'd like to9 commend you for asking about the EOP10 plan, but I think this Council has11 already put down -- you drew a line in12 the sand. You said, look, don't come to13 this Council without an EOP plan. Now,14 if we're going to take people serious,15 they have to have it. I'm asking that16 you oppose this bill until they provide17 you with what you required them to have.18 It's good to see that they have19 Turner Construction. I would like to say20 a word of support for Herb Young from21 Turner. He's been outstanding. He's a22 member. He's working in a very difficult23 environment. He works for a firm that24 originally didn't take this matter25 61 12/6/11 - RULES - 110793, ETC.1 seriously. Since Mr. Turner has been2 there, he steadily increased3 opportunities. He's one of the reasons4 we have a Contractors Roundtable. Twenty5 years ago they had an initiative where6 they helped contractors come together and7 organize their selves and move forward.8 If the hospital does anything,9 I'd like them to consider funding another10 program that Mr. Turner can provide them11 with the details on to help include12 participation.13 You know, one thing about14 hospitals, we all know that they do an15 outstanding job in saving citizens,16 because they deal with one thing that17 they can never forget. That's that we18 all share one blood. So when they19 operate, they operate in blood. They20 know we're all one. But when you get21 outside of the operating world, in the22 real world, out here, there's a black and23 a white world. As I said before, I hate24 to speak frank and blunt, but the reality25 62 12/6/11 - RULES - 110793, ETC.1 is, the white side of this construction2 industry is not giving opportunities to3 African American men and women. So it's4 not until we have these EOP plans, until5 we see who is the -- Councilman, one6 thing I would like to know is if they7 do -- have they reached for an EOP plan8 provider, because that's important to9 know.10
We're11 looking at what they've submitted at the12 moment, but Councilman Goode.13
Christine,16 could you please come back.17 And, sir, from Turner, can you18 please come forward.19 (Witnesses approached witness20 table.)21
Someone from22 your organization e-mailed me last23 Thursday or Friday inquiring about EOP24 requirements. What was your follow-up?25 63 12/6/11 - RULES - 110793, ETC.1
In terms of our2 follow-up, we've reviewed the document3 and we're working with the office right4 now.5
We've reviewed the8 template document that was provided to us9 so that we can develop and fully develop10 a plan of our own.11
That's kind12 of funny, because it's a template. So13 how would you be developing a plan of14 your own? If it's a template, and I know15 what the template is, all you do is put16 the numbers within the template. It's17 that simple.18
Well, we're working19 with Turner to actually evaluate the --20
You don't21 have to work with Turner to evaluate it.22 It's a template. So either you had23 participation goals or you did not.24 Someone e-mailed me on Thursday25 64 12/6/11 - RULES - 110793, ETC.1 or Friday inquiring about this hearing,2 inquiring about economic opportunity plan3 requirements. I referred them to the4 Office of Economic Opportunity --5
-- for a7 template. It doesn't take that long.8 You were trying to prepare for the9 hearing. Obviously at some point you10 decided not to prepare for the hearing.11
As we reviewed this12 template, respectfully, some of these13 things that are addressed in the template14 don't necessarily apply to a hospital in15 terms of the contracts and such.16
Once again,24 it's a template, which means there are25 65 12/6/11 - RULES - 110793, ETC.1 only two sections where you plug in2 numbers. So what do you need to work on?3
Sir, would4 you please identify yourself for the5 record.6
My name is Herb7 Young. I'm Regional Manager of Community8 Affairs for Turner Construction Company.9 And, Councilman Goode, I just10 received the plan, the EOP plan, from the11 Office of Economic Opportunity from12 Ms. Angela Dowd-Burton and it has the13 goals for the project, and we would14 adhere to the goals that she has set. We15 will work --16
Is this21 different from what was already handed22 out?23
This is the24 template.25 66 12/6/11 - RULES - 110793, ETC.1
This is the2 template. I have the template. The3 goals that we had, we have a minimum of4 20 percent minority business5 participation.6
We need a24 copy of it now.25 67 12/6/11 - RULES - 110793, ETC.1
I'm sorry.6 You're going to have to identify yourself7 for the stenographer and pull the8 microphone close. The question I have9 is, is what Mr. Young is giving to the --10 okay. That is different.11
The18 Councilman said there's no numbers in the19 boxes.20
Sir, Michael21 Tantala.22 That is the draft template that23 we received. Turner Construction has24 their own plan that we're going to have25 68 12/6/11 - RULES - 110793, ETC.1 approved by the OEO.2
There's no3 such thing as a draft template. There is4 a formal template. All you have to do is5 plug in the numbers to these boxes.6 That's all you're required to do. You7 inquired about this last week in8 preparation for the hearing and then you9 didn't do it.10
I guess I13 was just wondering, when can you get14 those numbers? How quickly can you get15 those numbers that the Councilman is16 asking for?17
And I19 guess the question -- I'm not trying to20 be smart here, but if you asked for it a21 week ago, why don't you have them today?22
Sir, we asked for23 it Friday. OEO, Ms. Dowd-Burton,24 responded Friday afternoon late. We25 69 12/6/11 - RULES - 110793, ETC.1 forwarded the document to Aria and Turner2 Construction, and they provided their3 economic opportunity plan, which is not4 in the same format as the City's OEO5 plan. They're tailoring it to have it6 approved by the OEO, but it's not7 complete.8
Once again,11 we're not going to keep going back and12 forth on this. It's a template. All you13 do is plug in the numbers. It's not14 negotiable. You don't take Turner's plan15 and convert it into an EOP. You use the16 EOP template and plug in the numbers.17 And you've had the template since the end18 of last week. So, in other words, you19 don't know what the participation goals20 for the project are?21
Yes. Excuse me.22 My name is Herb Young, Regional Manager23 for Community Affairs.24 We have a minimum of 2025 70 12/6/11 - RULES - 110793, ETC.1 percent. The template doesn't have any2 numbers. So what I need to do is find3 out from Angela Dowd-Burton what is it4 that she want us to have -- what is it5 that she requires us to do for the6 project. Then I will input that data7 here, give it back to Aria Health and8 they'll submit it to Angela Dowd-Burton.9
You have10 probably two options. One option is to11 take your goals and write them into the12 template right there.13
We'll make15 copies and do it as an amendment to the16 bill. Or we can recess the hearing until17 you have an EOP.18
What I22 would suggest is, you don't need to do it23 right at the table. I would retire to24 another location in the room and do what25 71 12/6/11 - RULES - 110793, ETC.1 you need to do so we can move forward and2 then bring you back formally to accept3 the plan.4
Who else7 here is to testify on this bill?8 (No response.)9 COUNCILWOMAN BROWN:10 Councilman, just a quick question.11 COUNCILMAN KENNEY:12 Councilwoman Brown.13
I'm14 curious to know, is the Aria Health15 System, are there any public dollars in16 its project at all, state, local or17 federal?18
Yes. We have --19 Christine Winn, Executive Director.20 Yes. We have an RAP grant --21 RACP grant. Sorry.22 COUNCILWOMAN BROWN:23 Understanding that, has -- I'll wait24 until the recessed hearing of Rules and25 72 12/6/11 - RULES - 110793, ETC.1 re-raise the question then.2
Thank you.5 Anyone else to testify on this6 bill?7 (No response.)8
Seeing9 none, we will hold in abeyance our10 decision on the prior bill and move to11 Bill No. 110842, which is an ordinance12 repealing an ordinance (Bill No. 110083),13 entitled "An ordinance amending Section14 14-1607 of The Philadelphia Code,15 entitled 'Special District Controls for16 the Center City Commercial Area,' and17 Section 14-1605 of The Philadelphia Code,18 entitled 'Regulated Uses,' and Section19 14-305 of The Philadelphia Code, entitled20 'C-4 Commercial Districts,' by adding to21 all Sections special provisions relating22 to the area bounded by Chestnut Street,23 12th Street, 13th Street, and Sansom24 Street, all under certain terms and25 73 12/6/11 - RULES - 110793, ETC.1 conditions."2 Mr. Kramer.3
Good morning,4 Councilman Kenney and members of the5 Rules Committee. I am William Kramer,6 Division Director of the Development7 Division of the Philadelphia City8 Planning Commission. I'm here to testify9 on Bill No. 110842, which was introduced10 into City Council November 17th, 2011.11 Bill No. 110842 repeals Bill12 No. 110083, which amended the Zoning Code13 to allow for the reuse of the existing14 building located at 1200 Chestnut Street15 as an upscale billiards hall in the16 existing Mellon Bank Building.17 Additionally, it allowed for a rooftop18 addition to the existing structure. Bill19 No. 110083 was approved and signed into20 law on April 27th, 2011.21 It is our understanding that22 the sponsoring Councilman is proposing to23 amend Bill No. 110842 by extending the24 effective date and provisions of this25 74 12/6/11 - RULES - 110793, ETC.1 ordinance.2 The Philadelphia City Planning3 Commission at its meeting of February4 15th, 2011 recommended approval of Bill5 No. 110083. While Bill No. 1108426 repeals the former legislation, as7 amended, it is considered the same as8 having placed a sunset provision on the9 original legislation and is therefore10 considered an item in accord with11 previous policy.12 That concludes my testimony.13 I'd be happy to answer any questions you14 may have.15
Thank you16 very much for your testimony.17 Any questions for Mr. Kramer?18 (No response.)19
Seeing20 none, anyone else to testify on this21 bill?22 (No response.)23
Seeing24 none, we will now move to Bill No.25 75 12/6/11 - RULES - 110793, ETC.1 110826, which is an ordinance amending2 Title 9 of The Philadelphia Code,3 entitled "Regulation of Businesses,4 Trades and Professions," by amending5 Section 9-1004, entitled "Contractors,"6 by requiring that certain information be7 reported to the Department of Licenses8 and Inspections for certain construction9 projects and providing for the posting of10 certain information at the construction11 site, providing for penalties for12 violations, and making certain technical13 changes, all under certain terms and14 conditions.15 This bill was heard in a prior16 hearing. We have some amendments that17 have been circulated we're going to offer18 today. And I believe we have one person19 testifying, Mr. Sherman, if he's still20 here.21 (No response.)22
Seeing23 none, we will take up the amendments in24 the meeting of the Rules Committee.25 76 12/6/11 - RULES - 110793, ETC.1 Is there anyone else to testify2 on this bill?3
Good morning. My10 name is Jihad Ali. I'm with the11 Contractors Roundtable organization. I'm12 here to give testimony on Bill No.13 110826.14 Mr. Kenney, members of this15 Committee, I support this bill, but I16 support this bill for a different reason,17 and that reason is, oftentimes those of18 us from the African American community,19 when we're out there in the field, we're20 constantly told when they bid on jobs,21 our members, Your price is too high, your22 price is too high. Well, it really is,23 because there are other members out here24 that are competing against us for25 77 12/6/11 - RULES - 110793, ETC.1 projects and they're not playing by the2 rules.3 But one thing I would like to4 ask this Committee, our elected5 officials, when we're going to do this6 bill, a lot of times through Councilwoman7 Donna Reed Miller, you led the fight for8 inclusion at the Convention Center. One9 of the things that constantly came up was10 when we asked the unions about11 information, we can't get it. So if12 we're going to do something on behalf of13 them, let them do something on behalf of14 us, which is we want to know what those15 unions are composed of, who their16 membership is. If we're requiring17 License and Inspection to have18 information readily available on what19 contractors and subcontractors are doing,20 then on the flip side of this, the21 citizen should know what are the unions22 doing. It's only an ethical question.23 We should be given the same rights that24 they're requiring of our elected25 78 12/6/11 - RULES - 110793, ETC.1 officials.2
Thank you.3 One of the reasons -- well, the main4 reason this bill was introduced is5 relative to the lost revenue and the lost6 tax money and lost workmen's compensation7 benefits and the things that your members8 pay, which increases your cost of9 bidding, and hopefully if we can10 eliminate these kind of 1099 guys and11 these cash-in-the-envelope guys from the12 industry, we'll have more opportunities13 for your folks, your members, to bid14 fairly with those individuals.15 And I do agree with you on your16 comments relative to union transparency17 and who is on the site. That is not18 addressed. Clearly it's not addressed in19 this bill, but certainly we would20 entertain opportunities in the next term21 to have that more prominently displayed.22
Well, I'll come back23 next term hopefully, but one thing I24 would like to say is, it's really deeper25 79 12/6/11 - RULES - 110793, ETC.1 than just me and my members. It's2 really -- it's almost affecting 600,0003 African American men and women out there.4 You know, one thing that I'm5 clear on, I'm just one of those here. I6 didn't -- none of them voted for me, but7 they voted for you. So I'm here just as8 one voice so you don't have an empty9 chair to say, Hey, look, we're still out10 here, we still see you, we still know11 what you're doing, and we're still12 fighting. And as long as that fight13 takes, Councilman DiCicco, Councilwoman14 Miller, good luck in your retirement,15 you've done your best. The fight will16 continue, and hopefully I'll be here next17 term.18
Well, I19 just want to let you know that I get20 equally aggravated driving by a21 construction site and seeing more New22 Jersey license plates than I see23 Pennsylvania license plates. So you can24 be assured I'm on the same page with you25 80 12/6/11 - RULES - 110793, ETC.1 regarding that situation.2
Thank you.5 Anyone else to testify on this6 bill?7 (No response.)8
Seeing9 none, that should bring us to the10 conclusion of this public hearing.11 Before we go into a public meeting, I12 just want to take a moment to speak13 personally about the end of this term.14 I've chaired this Committee for15 20 years. I want to thank former Council16 President Street and then Mayor Street17 and Council President Verna, who is18 leaving, for giving me the opportunity as19 Vice-Chair of this Committee to actually20 chair this Committee de facto over the21 past 20 years. It has been probably the22 one single issue that has allowed me to23 grow and mature as a Councilmember,24 running this Committee and running these25 81 12/6/11 - RULES - 110793, ETC.1 hearings. We've had amazingly2 controversial things that have come3 through here, and it's been a tutorial4 for me in allowing people to speak and be5 heard and try to come to some balance.6 So whoever is in this position7 next term, I pledge my support and help8 and advice, if needed, but I wanted to9 just tell everyone here and for the10 record and the members of the Committee,11 it's been a real privilege to have12 chaired this Committee de facto for this13 long and, again, thanking Council14 President Street and Council President15 Verna. And I know that ex officio the16 new Council President chairs this17 Committee, and if he decides that he's18 going to chair it, then I have no19 problem. I'm confident that we will move20 forward in a good fashion. If he chooses21 to do what Council President Street did22 for me for another member, I pledge my23 support and help for them. But it has24 been a terrific committee to be chair of,25 82 12/6/11 - RULES - 110793, ETC.1 and I just have been privileged to have2 the opportunity.3 So I'd like to call back for4 the hearing the Aria folks to get this5 done.6 (Witnesses approached witness7 table.)8
Herb Young,13 Regional Manager of Community Affairs for14 Turner Construction Company.15
I reached out to18 Angela Dowd-Burton. The goals for the19 project will be 30 percent minority20 business and 5 percent women business.21 And she indicated if we needed her to22 sign off on it, I can have her -- I can23 fax it over and have her sign off on it.24
Do you have25 83 12/6/11 - RULES - 110793, ETC.1 a document that's filled out in order to2 be attached as an amendment to this bill?3
Good8 morning again. Is this a first for9 either Aria or Turner where it is clear10 that this City Council now looks with a11 laser beam at participation rates,12 participation activity? Is this a first13 where you've been asked to deliver on14 that?15
Have you20 done any other building in the City of21 Philadelphia boundaries or is this a22 first?23
This form25 84 12/6/11 - RULES - 110793, ETC.1 is not fully filled out relative to2 professional services.3
The contract that we4 are engaging in with Turner is for5 construction services.6
But you're7 here before this body asking for8 legislative approval to move forward,9 which puts you in the same bailiwick with10 professional services and construction.11 And I don't -- I mean, I don't think the12 sentiment of the Committee is to allow it13 to move forward unless it's clearly14 amended into the bill what your goals are15 relative to professional services. So I16 don't know what to suggest. I mean, we17 could potentially recess this portion of18 the hearing until tomorrow, but, I19 mean --20
We can take a21 sidebar if you would like and confer with22 our professional services, which would be23 our architect, who is also here.24
You said25 85 12/6/11 - RULES - 110793, ETC.1 your architect is here?2
Yes. And that would3 be the only professional services that we4 would have.5
Rather than6 kind of bat this badminton back and forth7 here, what I'd like to do is, I'm going8 to recess just this portion of the9 hearing until 9 o'clock tomorrow, which10 is a date certain and time certain at 911 o'clock tomorrow morning, give you the12 opportunity over night to come back with13 this. We will move all the bills out of14 Committee here and then keep the recess15 open until tomorrow at 9 o'clock.16
For the18 record, we are recessing this particular19 Rules Committee hearing.20 We're now going to convene a21 public meeting, and the Chair recognizes22 Councilmember Goode for a motion on Bill23 No. 110793.24
Thank you,25 86 12/6/11 - RULES - 110793, ETC.1 Mr. Chairman. I move that Bill No.2 110793 be reported out of the Committee3 with a favorable recommendation, that the4 rules of Council be suspended so as to5 permit first reading at our next Council6 session.7 (Duly seconded.)8
There are13 none opposed. Bill No. 110793 will14 report out of this Committee favorably15 and a request has been made for rules16 suspension to allow for first reading at17 our next Council session.18 The Chair recognizes19 Councilmember Clarke for a motion to20 approve the amendment to Bill No. 110798.21
Thank you,22 Mr. Chairman. I move for the adoption of23 the amendment to Bill No. 110798.24 (Duly seconded.)25 87 12/6/11 - RULES - 110793, ETC.1
There are6 none opposed. Bill No. 110798 will be7 amended accordingly.8 The Chair now recognizes9 Councilmember Clarke for a motion on the10 amended bill.11
Thank you,12 Mr. Chair. I move that Bill 110798, as13 amended, be reported out of the Committee14 with a favorable recommendation, rules15 suspension as to allow reading at the16 next session of Council.17 (Duly seconded.)18
There are23 none opposed. Bill No. 110798, as24 amended, will report out of this25 88 12/6/11 - RULES - 110793, ETC.1 Committee favorably and a request made2 for rules suspension to allow for first3 reading at our next Council session.4 The Chair recognizes5 Councilmember DiCicco for a motion to6 approve the amendment to Bill No. 110842.7 COUNCILMAN DiCICCO: Thank you,8 Mr. Chairman. I move that the amendment9 to Bill No. 110842 be approved.10 (Duly seconded.)11
There are16 none opposed. Bill No. 110842 will be17 amended accordingly.18 The Chair recognizes19 Councilmember DiCicco on the amended20 bill.21 COUNCILMAN DiCICCO: Thank you,22 Mr. Chairman. I move that Bill No.23 110842, as amended, be reported out of24 this Committee with a favorable25 89 12/6/11 - RULES - 110793, ETC.1 recommendation, that the rules of Council2 be suspended so as to permit first3 reading at the next session of City4 Council.5 (Duly seconded.)6
There are11 none opposed. Bill No. 110842, as12 amended, will report out of this13 Committee favorably and a request has14 been made for rules suspension to allow15 for first reading at our next Council16 session.17 Bill No. 110846 is being held.18 Bill No. 110847 will be heard tomorrow at19 the Rules Committee at 9 o'clock.20 The Chair recognizes21 Councilmember Brown for a motion to22 approve the amendment of Bill No. 110826.23 COUNCILWOMAN BROWN:24 Mr. Chairman, I move that Bill No. 11082625 90 12/6/11 - RULES - 110793, ETC.1 be amended.2 (Duly seconded.)3
There are8 none opposed. Bill No. 110826 -- the9 amendment is approved.10 The Chair now recognizes11 Councilmember Miller for a motion on the12 amended Bill 110826.13
Thank14 you, Mr. Chair. I move that Bill No.15 110826 be approved favorably as amended16 out of this Committee with a rules17 suspension so it can be read at our next18 Council session.19 (Duly seconded.)20
There are25 91 12/6/11 - RULES - 110793, ETC.1 none opposed. Bill No. 110826, as2 amended, will report out of this3 Committee favorably and a request will be4 made for rules suspension to allow first5 reading at our next Council session.6 This meeting and hearing is7 recessed until tomorrow at 9:00 a.m. in8 order to hear the amendments to Bill No.9 110847.10 Thank you.11 (Committee on Rules recessed at12 11:25 a.m.)13 - - -14 15 16 17 18 19 20 21 22 23 24 25 92 1 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on December 6, 2011, and that7 this is a true and correct transcript of same.8 9 10 11 12 --------------------13 MICHELE L. MURPHY14 RPR-Notary Public15 16 17 18 (The foregoing certification of this19 transcript does not apply to any reproduction20 of the same by any means, unless under the21 direct control and/or supervision of the22 certifying reporter.)23 24 25