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