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Minutes

Committee on Rules, June 4, 2024

Philadelphia City Council Committee HearingsJun 4, 2024

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COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON RULES Room 400, City Hall Philadelphia, Pennsylvania Tuesday, June 4th, 2024 PRESENT: COUNCILMEMBER CINDY BASS COUNCILMEMBER MARK SQUILLA COUNCILMEMBER GILMORE RICHARDSON COUNCILMEMBER CURTIS JONES, JR. COUNCILMEMBER BRIAN J. O'NEILL COUNCILMEMBER JAMIE GAUTHIER COUNCILMEMBER QUETCY LOZADA COUNCILMEMBER JEFFERY YOUNG, JR. BILLS 240058, 240157, 240242, 240332, 240368, 240385, 240415, 240421, 240426, 240427, 240432, and 240466 - - 6/4/24 - RULES - BILL 240058, ETC.

Councilmember Bass

This hearing is called to order. Members and guests will please take their seats. This is the Committee on Rules. Today is Tuesday, June 4th, 2024. Madam Clerk, please call the roll to take attendance. Members that are in attendance will please indicate that you are present when your name is called.

The Clerk

Councilmember Squilla. (No response.)

The Clerk

Councilmember Gilmore Richardson.

Councilmember Richardson

Present.

The Clerk

Councilmember Jones.

Councilmember Jones

Present.

The Clerk

Councilmember O'Neill.

Councilmember O'Neill

Present.

The Clerk

Councilmember Thomas. (No response.)

The Clerk

Councilmember Gauthier.

Councilmember Gauthier

Present.

The Clerk

Chair Bass.

Councilmember Bass

Present. Thank you. A quorum of the committee is present and 6/4/24 - RULES - BILL 240058, ETC. the hearing is now called to order. And this is the public hearing of the Committee on Rules regarding bills number 240058, 240157, 240242, 240332, 240368, 240385, 240415, 240421, 240426, 240427, 240432, and 240466. And, Madam Clerk, please read the title of these bills.

The Clerk

Bill Number 240058, amending section 14-702 of the Philadelphia Code entitled floor area, height and dwelling unit density bonuses to add requirements related to the use of payments in lieu of building affordable housing to receive floor area, building height and dwelling unit density bonuses. And amending section 14-533 entitled MIN, Mixed Income Neighborhoods Overlay District to add requirements related to the use of payments in lieu of building affordable housing to satisfy certain minimum affordable housing building requirements under certain terms and conditions. Bill Number 240157, amending Title 14 Zoning and Planning and Title 18 Commerce of the Philadelphia Code to clarify responsibilities of 6/4/24 - RULES - BILL 240058, ETC. the Department of Aviation and eliminated provisions related to passenger charges, all under certain terms and conditions. Bill Number 240242, amending section 6 14-500 of the Philadelphia Code entitled Overlay Zoning Districts by amending section 14-524 entitled FDO, Fourth District Overlay District to establish use regulations on medical facilities under certain terms and conditions. Bill Number 240332, approving the 6th amendment of the redevelopment proposal for the American Street Industrial Corridor urban renewal area being the area generally bounded by Lehigh Avenue, Burke Street, and Montgomery Avenue on the north, by Second Street and Phillips Street on the east by Gerard Avenue, Oxford Street and Jefferson Street on the south and by Germantown Avenue, 6th Street and 3rd Street on the west, including the 6th Amendment to the Urban Renewal Plan, which provides for changes that would make it consistent with the North Philadelphia redevelopment area plan and generally consistent with the most recent comprehensive plan approved by the City Planning Commission of the City of 6/4/24 - RULES - BILL 240058, ETC. Philadelphia. Bill Number 240368, continuing a neighborhood improvement district known as the East Passyunk Avenue Business Improvement District in an area that generally includes both sides of East Passyunk Avenue from the south side of Federal Street to the east side of South Broad Street. Certain blocks of streets that intersect the portion of East Passyunk Avenue, both sides of South Broad Street from the north side of McKean Street to the north side of Snyder Avenue and the west side of Broad Street from the south side of Mifflin Street to the north side of McKean Street. Designated the East Passyunk Avenue Business Improvement District Incorporated, which has organized itself as a Pennsylvania nonprofit corporation as a neighborhood improvement district management association for the district. Approving a plan for the district including a list of proposed improvements and their estimated costs and providing for assessment fees to be levied on property owners 6/4/24 - RULES - BILL 240058, ETC. within the district authorizing the director of commerce on behalf of the city to execute an agreement with the East Passyunk Avenue Business Improvement District Incorporated related to the district. And authorizing the East Passyunk Avenue Business Improvement District Incorporated to assess property owners within the district a special property assessment fee to be used in accordance with the approved plan, all in accordance with the provision of the Community and Economic Improvement Act and under certain terms and conditions. Bill Number 240385, to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Snyder Avenue, 6th Street, Cantrell Street, and 7th Street. Bill Number 240415, to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bound by Island Avenue, the Delaware Expressway, and Bartram Avenue. Bill Number 240421, to amend the 6/4/24 - RULES - BILL 240058, ETC.

The Clerk

Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bound by Valley Avenue, Domino Lane, Ridge Avenue, Paoli Avenue, Pechin Street, extended Ridge Avenue, Hermit Street and Henry Avenue. And to amend title of the 9 Philadelphia Code by adding section 14-541, Ridge 10 Avenue neighborhoods overlay and making other 11 related changes, all under certain terms and 12 conditions. 13 Bill Number 240426, to amend the 14 Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within the area bounded by Roosevelt Boulevard, Adams Avenue, Ramona Street, Wyoming Avenue, and Whitaker Avenue. Bill Number 240427, amending section 20 14-305 of the Philadelphia Code entitled Nonconformities by providing further provisions on changes of non-conforming uses under certain terms and conditions. Bill Number 240432, to amend the Philadelphia zoning routes by changing the zoning 6/4/24 - RULES - BILL 240058, ETC. designations of certain areas of land located within an area bounded by Kensington Avenue, Tioga Street, Jasper Street, and Allegheny Avenue. And Bill Number 240466, amending section 14-314 of the Philadelphia Code entitled Public Hearings of the Zoning Board of Adjustment to change the number of board members required for a quorum or for action taken at a zoning board of adjustment hearing, all under certain terms and conditions.

Councilmember Bass

Thank you, Madam Clerk. And as per the sponsor's request, today we will be holding Bill Number 240432. Madam Clerk, please call the first panel we have to testify this morning on Bill Number 240058.

The Clerk

Paula Brumbelow Burns, Director of Legislation, Philadelphia City Planning Commission.

Councilmember Bass

And as she's approaching, I know that the bill's sponsor, Councilwoman Gauthier, would like to make remarks. Councilwoman Gauthier?

Councilmember Gauthier

Thank you for 6/4/24 - RULES - BILL 240058, ETC. the opportunity to comment, Madam Chair. I know that we have a packed agenda for this morning, so I'll be brief. This bill is part of a set that aims to correct what's essentially a lie that currently exists in our code. Many of our district -- my district colleagues might have experienced the situation where there's new development going up that's taller than what the zoning code currently allows by right because developers have paid into the mixed income housing density bonus. What we know to be true is that not only does this "payment in lieu" mean that no 15 affordable housing will be secured on site, but we also know that these payments have never led to a proportionate increase in the housing trust fund. And that, moreover, none of this money stays within the geographic vicinity of where the development is taking place. This leads to a situation that comes up time and time again where developers are doing what the city asks of them but community members are still upset and discouraged because they are getting over scaled development in their 6/4/24 - RULES - BILL 240058, ETC. neighborhood with none of the affordable housing benefits that were promised to them. We cannot turn a blind eye to this any longer. I've already proposed a charter change that would mandate this funding to the housing trust fund that was favorably referred out of committee last month. The next step is Bill 9 Number 240058 in front of this committee today, which calls on the city to spend the money on affordable housing efforts within the council district where the development is happening. This morning, we will circulate an amendment changing the language in the bill from a two-mile radius around the development to the same council district as the development to give maximum flexibility to Councilmembers and the administration in investing these funds. These changes will help make good on the original intent of the density bonus, which is for there to be a compensatory benefit that offsets the additional density allowed in the zoning code. I'll note also that the language is quite flexible, allowing for best efforts and 6/4/24 - RULES - BILL 240058, ETC. multiple years for planning and development to spend the funds. And as just referenced, it allows for these funds to be spent within the entire council district where the project will be built. For this reason, I think this is a reasonable and common-sense bill and should be referred favorably today. Thank you so much, Madam Chair.

Councilmember Bass

Thank you, Councillady Gauthier. And now to the witness, Paula Brumbelow Burns. Please state your name for the record and proceed with your testimony.

Ms. Burns

Good morning, members of the Rules Committee. I am Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission. I am here to testify on Bill Number 240058, introduced into City Council on February 1st, 2024 by Councilmembers Gauthier, Landau, O'Rourke, Brooks, and Squilla. Bill Number 240058 amends Section 14- 702 of the Philadelphia Code entitled floor, area, height and dwelling unit density bonuses. To add requirements related to the use of 6/4/24 - RULES - BILL 240058, ETC. payments in lieu of building affordable housing to receive floor area, building height and dwelling unit density bonuses. And amending section 14-533 entitled MIN, Mixed Income Neighborhoods Overlay District. To add requirements related to the use of payments in lieu of building affordable housing to satisfy certain minimum affordable housing building requirements. This bill amends the mixed income housing bonus and the MIN, Mixed Income Neighborhoods Overlay District, by adding the requirement that the city uses best efforts to use in lieu fees within five years of the owner tending payment to the city for a project or projects within two miles of the development. If pursued in earnest, this new requirement would impose an administrative burden. Each housing trust fund, known as HTF expenditure, would need to be individually designated as drawing from the fees associated with given development. And funds remaining from each development's account would need to be tracked. 6/4/24 - RULES - BILL 240058, ETC. In addition, HTFs expenditures are spent in response to applications by residents and developers. The need for housing programs is universal throughout the city, but development is generally concentrated in select areas of the city. As a result, we would need to target our programs that serve those in the areas in question. Further, HTF is just one source of funding that is often used interchangeably with other local state and federal funds which are not constrained by this code section, creating a somewhat piecemeal approach to serving the city's housing needs. The Philadelphia City Planning Commission considered Bill Number 240058 at its public meeting on March 21st, 2024, and they recommended the bill not be approved. I'll be happy to answer any questions at this time.

Councilmember Bass

Thank you for your testimony. Chair recognizes Councilwoman Gauthier.

Councilmember Gauthier

Thank you, Madam Chair. Thank you for your testimony. As 6/4/24 - RULES - BILL 240058, ETC. noted, we are changing the geographic boundary to council district. So with that change and with what was already in the bill best efforts, the planning commission would have five years. The planning commission has the entire council district to work in with collaboration with the Councilmember. I fail to see how this would be an administratively burdensome program. As city government, we have to allocate money to different geographic areas all the time. And I just want to bring us back to the original intent of the payment and lieu program. When high density market rate development is going up in Community X, we are telling neighbors that that is okay because they're going to get a corresponding investment in affordable housing, which was the original intent of the program as created by former Councilmember Maria Quinones Sanchez. These changes, one, to mandate that that payment in lieu money actually finds its way to the housing trust fund and to require that 6/4/24 - RULES - BILL 240058, ETC. there is some geographic coordination to where that money is spent so that it actually does provide an offset. Our commonsense changes, and I fail to see how the administration would not be able to make a corresponding investment in such a large geographic area within a five-year period. I think that we are more sophisticated than that. Thank you.

Councilmember Bass

Thank you, Councilmember. Chair recognizes Councilmember Jones and also want to recognize the presence of Councilmember Mark Squilla.

Councilmember Jones

Thank you, Madam Chair. Question, and it came to our attention that how much money have we received over the last couple of years for the housing trust fund from this --

Councilmember Gauthier

Point of information, these payments have never exceeded, with the exception of one year that was an anomaly, more than $10 million a year. So it's a relatively small amount of money that equals about 1.9 percent of the total money that the 6/4/24 - RULES - BILL 240058, ETC. city is spending on housing assistance.

Councilmember Jones

So it's approximately million a year? 5

Councilmember Gauthier

Most times 6 less. 7

Councilmember Jones

Okay. My 8 question actually is, why does it go to the 9 general fund and not to the housing trust fund? 10

Ms. Burns

That is a very good question that I don't --

Councilmember Jones

I usually ask good questions. Don't be surprised.

Ms. Burns

I don't actually know that answer. I had originally -- I believe the bill 16 was originally set up to go to the housing trust fund. I do not know what happened then that goes to the general fund. That I do not know.

Councilmember Jones

Would you provide that answer to the chair to --

Councilmember Jones

-- distribute to the committee? Because that's the whole intention of creating a housing trust fund, is to put these kinds of dollars in it. And I don't 6/4/24 - RULES - BILL 240058, ETC. understand why it would go to the general fund.

Ms. Burns

We will get that answer by this afternoon.

Councilmember Jones

Thank you.

Councilmember Bass

Thank you. And I just wanted to add -- any other questions from members of the committee? Comments? I just wanted to add that based on what we've been doing and the way we've been operating in terms of not providing funding directly into the housing trust fund, it's created a fiasco. It's just a disaster of epic proportions because when we look at the number of people who applied for housing choice vouchers, I think the number was somewhere around 37,000. And at $10 million going into the housing trust fund a year and the rate, the price and the rate of real estate development right now, we are never going to be able to see our way anywhere close to being able to house the folks that need to be housed. I firmly believe that it's our responsibility as the City of Philadelphia to make sure that there's housing for those of 6/4/24 - RULES - BILL 240058, ETC. lesser means, to make sure that we're doing everything we can to make sure that people have a decent quality housing. So I applaud the bill's sponsor. I'm glad to hear that we're going to be making sure that this reaches neighborhoods that otherwise might not have been reached. So we're going to expand the boundaries of where these funds will go to where they're coming from and where they're going to. There'll be a larger catchment area, if you will, so that the funds can get out into the neighborhoods needed. So that being said, if there's no other comments for members of the committee. Thank you, Ms. Brumbelow Burns.

Ms. Burns

You're welcome.

Councilmember Bass

Madam Clerk, can we have you call the next members of -- the next panelist to testify?

The Clerk

Pamela Andrews, West Powelton/Saunders Park RCO, De'Wayne Drummond, Mantua Civic Association, and Garrett O'Dwyer from the Philadelphia Association of Community 6/4/24 - RULES - BILL 240058, ETC. Development Corporations.

Councilmember Bass

And while they're coming forward, I do want to recognize the presence of Councilwoman Quetcy Lozada from the 7th District and Councilman Jeffery Young from the 5th district. Good morning.

Ms. Andrews

Good morning.

Councilmember Bass

When you're ready, please state your name for the record and proceed.

Ms. Andrews

My name is Pamela Andrews. I am the chair of West Powelton/Saunders Park RCO. Good morning. I am here today to testify in support of Bill 240058. For us, we feel the most important thing that you need to know about this bill is that West Powelton, we deal daily with the impact of the density bonus in our community. Developers come in. Their main focus in our community is to build multifamily housing. It has turned our community primarily into a bedroom community for the universities. We have to deal with oversized development, density, noise, trash, all of it. 6/4/24 - RULES - BILL 240058, ETC. And there is no guarantees that none of the monies that are generated from the density bonuses come back into our community. We have seen absolutely none, and we need to see that changed. In our community of West Powelton, I will say to you, over the past year, as zoning chair of RCO, I have seen numerous large-scale buildings go up. All right? And no money has come back in the community. The monies that could be generated, the millions that have come from that development, we could basically, if it came back into our community, we could put together our own affordable housing programs. This needs to change. I'm constantly bombarded every day with phone calls, and this is a simple thing. But seniors who have lived in the neighborhood for 30, 40, 50 years, and because how this has impacted the neighborhood, they're calling every day saying, "Pam, you know, I've been here for 50 years and I've never seen rodents running up and down the street", because with all of this 6/4/24 - RULES - BILL 240058, ETC. density, the quality of life in our particular neighborhood is changing. We are happy about this bill. We applaud Councilwoman Gauthier for sponsoring this bill. And we want to see the density monies come back into our neighborhood and be utilized positively to create affordable housing. Thank you for allowing me to speak today.

Councilmember Bass

Thank you for your testimony. De'Wayne Drummond.

Mr. Drummond

Good morning, Madam Chair and --

Councilmember Bass

Good morning.

Mr. Drummond

-- the Rules Committee. I'd like to thank you all for hosting and having this very, very important topic. My name is De'Wayne Drummond. I am the president of Mantua Civic Association. And the Mantua Civic Association support this bill 240058. And I have to stand on the Mantua motto is plan or be planned for. This is an excellent, excellent strategy when it comes down to displacement. And displacement, we call at Mantua the G-spot. It's a gentrification spot 6/4/24 - RULES - BILL 240058, ETC. where a lot of development is taking place and the current residents is not benefiting from the development. And with this bill right here for you to go to pass through Rules Committee and go up to city council, I think this will be a win, just not for Mantua, but for the City of Philadelphia also. And it should not be that development take place and money get put in a trust. And instead of North Philly or West Philly getting that money, it get placed down in Center City, for example. So I ain't going to be long winded. I thank you for your time, and I hope you digest what everybody is saying about this bill. And thank you once again.

Councilmember Bass

Thank you. Thank you for your testimony. And Garrett O'Dwyer.

Mr. O'Dwyer

Good morning. Chairperson Bass and Vice Chair Squilla, if he's still here, and members of City Council Committee on Rules. My name is Garrett O'Dwyer, and I'm the associate policy director for the Philadelphia Association of Community Development 6/4/24 - RULES - BILL 240058, ETC. Corporations, or PACDC. We represent 60 Philadelphia CDC members and another hundred associate members engaged in community development, community revitalization, and community stabilization. Thank you for the opportunity to testify before the Rules Committee in favor of Bill Number 240058 that adds further requirements for payments in lieu in exchange for obtaining density bonuses for projects providing mixed income housing. If the City's goal is to create diverse, affordable neighborhoods of choice across Philadelphia, it is important that affordable housing be created where larger scale market rate projects are taking place. What we've seen is that payments in lieu in exchange for density bonuses are not necessarily utilized to expand affordable housing opportunities in the neighborhoods where the new developments are taking place. Currently, the payments to the housing trust fund can be used by the Housing trust fund anywhere in the city. While there is value in 6/4/24 - RULES - BILL 240058, ETC. having such flexibility, in this case a more targeted approach for use of these funds is warranted since new market rates development may lead to increases in housing costs in a neighborhood. In communities where we have seen increases in property values and resident displacement, an uptick in market rate development has been the lead indicator. Therefore, if we were to meaningfully combat displacement and build mixed income communities, it is necessary for there to be focused investments in exactly these communities before opportunities for affordability are foreclosed upon for good. PACDC supports Bill Number 240058 as amended, requiring payment and lieu funds to be spent within the council district at the project receiving the density bonus. But we are concerned that the council district may be too large a geography to ensure expanded affordable housing opportunities in the neighborhood where the project is being developed. We all know that neighborhoods can be 6/4/24 - RULES - BILL 240058, ETC. quite compact in Philadelphia, often smaller than blocks or about a mile. The original two-mile 4 radius is actually four miles from end to end, 5 which can span multiple neighborhoods. Council 6 district could be even larger. We would 7 recommend a smaller distance, a more targeted 8 geography for the greatest effect. 9 While not addressed in this bill, we 10 would also highlight the need to periodically evaluate whether payments in lieu are set at an appropriate rate to maximize affordable housing development on site, rather than payments to the housing trust fund because that is the surest way to create new affordable units within the neighborhood experiencing significant market rate development. Lastly, we are concerned that these proceeds are directed towards the Housing Trust Fund sub fund. While the original Housing trust fund has restrictions to ensure that at least 50 percent of funds are spent on our poorest neighbors making less than 30 percent AMI, the sub fund does not similarly prioritize those most in need. 6/4/24 - RULES - BILL 240058, ETC. Again, we'd like to thank Councilman Gauthier for her leadership. And we want to add our strong support for Bill Number 240058 as amended. And thank you for the opportunity to testify.

Councilmember Bass

Thank you for your testimony. Any questions from members? Councilwoman Gauthier?

Councilmember Gauthier

Quick comments. One, I wanted to thank everybody for testifying. Garrett, I just wanted to acknowledge your testimony. The change the council district was something that would make the bill work for all of the district councilmembers. So it was an important change but I do note your comment, and I also am very committed to working with you to see how we can strengthen on site affordable units and to tackle the AMI issue as we move forward. And then I also wanted to thank -- well, I call her Ms. Pam -- Ms. Pam and Dwayne for coming to testify today. They are in the thick of all of this development, market rate 6/4/24 - RULES - BILL 240058, ETC. development, where we're not seeing enough of an offset in affordable units. And I just wanted to give one quick example, because with the pace of development that's happening in and around West Powelton, in and around Mantua, this budget season, I've been advocating heavily for $14 million to support the rebuilding of 70 low-income units on the former University City town home site. We would have had that money already if we had this change several years ago. And I will note when we asked for it, we would have had that money already, and we wouldn't be coming hat in hand to the administration to ask for these units that we already settled on in federal court. So this is a very, very important piece of legislation to make sure that communities get what they deserve and that the most desirable neighborhoods in our city are open to working class people. Thank you so much for being here today.

Councilmember Bass

Seeing that there's no other questions from the committee, Madam Clerk, please call for the next bill and 6/4/24 - RULES - BILL 240058, ETC. testify. Is there someone else here to testify on Bill Number 240058?

The Clerk

I have Pastor J. Broadnax and Elizabeth Waring.

Councilmember Bass

Good morning, Pastor. How are you?

Mr. Broadnax

Good morning.

Councilmember Bass

Okay. Please state your name for the record and proceed with your testimony.

Mr. Broadnax

Yes. My name is Pastor Jay Broadnax. I'm pastor of Mount Pisgah AME Church in West Philadelphia and a board member of the West Powelton/Saunders Park RCO. And I'm here in support of Bill Number 240058 concerning the use of in loop payments made by developers to purchase density bonuses to get around the requirement to include affordable housing in their projects. And you've just heard from others how the projects taking place are generating much in the millions and in lieu payments, especially in our West Powelton neighborhood. And I believe that the spirit and intent of the density bonuses 6/4/24 - RULES - BILL 240058, ETC. requirement is good. It's intended to make sure that somehow the seemingly unbridled development that is going on in certain sections of the city like ours, does not lead to homogeneous and exclusive neighborhoods through the spread of the cancer of gentrification. It's intended to provide resources to make sure that there are units being built in those neighborhoods that ordinary folk can afford. The problem is that the funds that are generated through the provision do not serve that purpose. The money's generated by development in our backyards end up being added to the general fund, thereby being a discretionary cash cow applied to purposes that it was never intended to fund. So the city's housing trust fund goes underfunded and more folks are priced out of their neighborhoods. In addition, even when it does go to the housing trust fund, the spirit of the provision is to ensure that the neighborhoods directly affected by the development, not some 6/4/24 - RULES - BILL 240058, ETC. area that has no connection to the generation of those funds get the benefit. With all of the demands on city revenues, that will never happen unless it's made to happen by this bill. I look around and I see the renewal going on, which is a good thing. But I also look around and I see faces that have been there for years, leaving, forced out. Let's fix this policy so that there's plenty good room for them and their children to stay around. Thank you.

Ms. Waring

Good morning.

Councilmember Bass

Thank you for your testimony. Please state your name for the record and proceed.

Ms. Waring

Elizabeth Waring, and I'm a member of the West Powelton/Saunders Park RCO. Also, I manage the Holly Street Garden. And I'm saying these things because of development and the pressures and constant calls and other things being done because they want the garden, for one, to develop also the homes. So when I started in neighborhood and bought my home 44 plus years ago, it was a great 6/4/24 - RULES - BILL 240058, ETC. place to live. And I could afford to live there, raise my children there. We have less homeowners and more high- density buildings, stacking of people. And this has really created a problem. I'd like for my children to come back to the area where they grew up in but they can't afford to do it. So in seeing the constant development and what used to be multifamily units of three units, they are multiple in terms of hundreds now and it's just too much of a problem. And I don't know what's going to be done. I see certain neighborhoods, particularly West Powelton, being more developed than some areas. But I'm definitely in support of the bill and bringing some of that money back and hopefully not just a penny on the dollar, so that we could have more mixed income, that people can afford to come back and stay and raise their children and let it be the continued like united nations that it had been with all races. Okay. Thank you.

Councilmember Bass

Thank you very much for your testimony. Is there anyone else 6/4/24 - RULES - BILL 240058, ETC. here who would like to give public testimony whose name hasn't been called? And there are no 4 more questions or comments from members of the committee? Okay. All right.

Councilmember Gauthier

I just wanted to thank both of them for their testimony, but moreover, all of your work in the community. We're grateful for all of you. Thank you so much.

Councilmember Bass

Thank you. Okay. And so hearing no other witnesses here to testify, I want to thank the witnesses for their participation today on Bill Number 240058. Madam Clerk, please call the first panel we have to testify this morning on Bill Number 240157.

The Clerk

Shane Doud, director of government affairs for the Department of Aviation.

Mr. Doud

Good morning.

Councilmember Bass

Good morning. Please state your name for the record and proceed.

Mr. Doud

Shane Doud, director of government affairs for the Philadelphia 6/4/24 - RULES - BILL 240058, ETC. International Airport, the Department of Aviation. Good morning. Chair Bass and members of the Committee on Rules. My name is Shane Doud, director of government affairs for the Department of Aviation, which manages both Philadelphia International Airport and Northeast Philadelphia Airports. I'm here to testify in support of Bill 11 Number 24157, which would clarify responsibilities of the Department of Aviation, eliminate provisions related to passenger charges. A thorough summary of these changes was shared in advance of this hearing. Most of these changes are technical in nature and update aspects of the Philadelphia Code that still reference the Department of Commerce and Division of Aviation as overseeing PHL and PNE. As this committee may recall, these functions were transferred to the Department of Aviation as a result of a change to the Home Rule Charter early in 2023. This ordinance also eliminates federally preempted language in the Philadelphia 6/4/24 - RULES - BILL 240058, ETC. Code relating to locally assessed passenger charges. Section 18-204 of the Philadelphia Code, which was enacted in 1976, authorized a local passenger charge. Several years later, in 1996, this section of the Philadelphia Code was preempted by federal legislation, USC 40116. This federal law, known as the Anti-Head Tax Act, prohibits states and localities from assessing a fee, tax, or head charge on an individual traveling in air commerce. As this local charge cannot be assessed, our team recommends removing the language from the Philadelphia Code. I'd like to thank you for the opportunity to present testimony today on Bill 17 Number 240157. I kindly request adoption of the amendments related to the -- to this ordinance. These amendments include additional technical changes to the code that were caught after bill 21 introduction. I respectfully ask for the Committee for adoption of the amendments, a favorable recommendation of the ordinance, and that the rules be suspended to allow first reading at the 6/4/24 - RULES - BILL 240058, ETC. next session with councilmembers.

Councilmember Bass

Thank you very much for your testimony. Any questions from members of the committee? Okay. Seeing none. Is there anyone else here to testify on this bill? Bill Number 240157? Okay. And seeing none. Thank you very much for --

Mr. Doud

Thank you.

Councilmember Bass

-- your testimony today. Madam Clerk, please call the next witness for Bill Number 240242.

The Clerk

Paula Brumbelow Burns, Director of Legislation, Philadelphia City Planning Commission.

Ms. Burns

I'm Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission. I am here to testify on Bill Number 240242, introduced into City Council on April 4th, 2024 by Councilmember Jones Junior. Bill Number 240242 amends the Philadelphia Zoning Code by amending section 14- 524 entitled FDO, Fourth District Overlay District to establish use regulations on medical facilities in the Winfield Heights neighborhood 6/4/24 - RULES - BILL 240058, ETC. of the West Park Planning District. This bill establishes a medical facility control area in the Winfield Heights neighborhood within boundaries that include Ford Road, Conshohocken Avenue and the Schuylkill Expressway. The overlay would prohibit the medical, dental, and health practitioner and hospital uses within overlay boundaries. The effect of the bill is to limit future medical facilities in the neighborhood. Planning commission staff would note that the zoning bill does not change the status of legally non-conforming medical uses and prohibit the medical use as described and could limit access to needed health care. The Philadelphia City Planning Commission considered Bill Number 240242 at its public meeting on April 18th, 2024 and recommended the bill not for approval. I'll be happy to answer any questions at this time.

Councilmember Bass

Thank you for your testimony. Chair recognizes Councilman Jones.

Councilmember Jones

Always a pleasure 6/4/24 - RULES - BILL 240058, ETC. to --

Councilmember Bass

It is.

Councilmember Jones

-- discuss things with the planning department. My nickname for them is the Department of No. You always tell us no. And I understand you have to take those positions. But as a district council person who knows his respective communities, we try to err on the side of the community. And in this case, the good news is that I am really working well with the developer of this site. We are very close to figuring it out. But when I introduced this legislation colleagues, it was to make sure that there was a bullet in the gun just in case. Now, whether I was going to pull it and shoot it and use it is something I think with prayer and working together collegially that the developer and the community will figure it out. So what I am recommending at this point is that we pass it out a committee without a rule suspension so that we can keep it there as the progress of this particular site. And maybe I'll elaborate on the site 6/4/24 - RULES - BILL 240058, ETC. and I want you to know, let me prefix my remarks for the stenographer, high support rehabilitation of people who have drug dependencies. Not just in my words, but in my deeds. We have Parkside Recovery on Parkside Avenue, which we've worked out for now over a decade, good neighbor relationships. We've actually figured it out so that the community isn't overly burdened with, that the property values in the neighborhood aren't negatively affected, and the people, more importantly, that need that work, need those services get it. We further went along with the, I think it's project home one on Parkside Avenue. Am I right? We approved a facility for women who are coming back off of those kinds of dependencies. So our history speaks for itself. However, in this case, we have to be cautious because of the mass impact that 300 beds can have on Winfield Heights. Now, I don't -- names like Blondell Reynolds Brown live across the street. Retired judges of all types that I have to hear from want to know what is going on in their neighborhoods. 6/4/24 - RULES - BILL 240058, ETC. So, therefore, we have put this in place. I am, again, I'm going to say, for the record, I am happy with where we are in the negotiations with the developer. However, we don't want it to go south, and we love the planning commission weighing in on issues germane to our districts, even if you're wrong. Pause. All right. So thank you for your testimony.

Councilmember Bass

Chair recognizes Councilwoman Gilmore Richardson.

Councilmember Richardson

Thank you. Thank you so much, Madam Chair. I just wanted to thank my district councilmember, Councilmember Jones, for introducing 240242 after much robust discussion with the Winfield Heights community. I know there has been grave concern relative to one particular site, but I think, overall, relative to how development is taking place in the community. And so I appreciate the feedback from the planning commission and the work that you all do, but I just wanted to underscore the importance of ensuring that the community is represented in these planning decisions and 6/4/24 - RULES - BILL 240058, ETC. ensuring that the uses that they want to see in their communities are always considered as a top priority. So thank you very much. And thank you, Councilmember Jones.

Councilmember Bass

Thank you. Thank you very much. And this is a very timely topic. I know that Councilman Jones has been on the forefront of recovery and transitional housing and just really like a lot of different issues that are similarly related in your district for a very long time. I don't want to say how many years, so I don't want to make it seem like you're old or anything. Yeah. But I know that you've been working on it for a long time. But I just wanted to add this, and we have a resolution that we're actually holding. And we wanted to see how things are going to unfold over the summer months, because there is a lot of concern about the amount of transitional housing that's happening throughout the City of Philadelphia right now. And I just wanted to say on the record, I think that our biggest problem is that we as a 6/4/24 - RULES - BILL 240058, ETC. city have not properly provided the level of enforcement and just -- I say policing, for lack of a better word, but just sort of oversight. We have not provided the level of oversight that we should provide that would make facilities better and communities more embracing of these particular sites. So I just wanted to throw that out there. So thank you for your bill, and I thank you for your testimony. Is there anyone else -- or actually, Madam Clerk, can you call the next witness to testify?

The Clerk

Cheryl White.

Councilmember Bass

Good morning.

Ms. White

Good morning. My name is Cheryl White. I want to thank all of you who are before me today and working hard to represent the city's best interests and the best interests, obviously, of the communities therein. I represent Park Plaza Condominium. It is a vertical community, 350 units. We have over 700 people living in this condominium community. And we are located at 3900 Ford Road, right within Winfield Heights. 6/4/24 - RULES - BILL 240058, ETC. So I'm here to support this bill. I think it's very important that communities be involved and be represented and respected, especially as it relates to concerns of density, traffic, parking, etc. And this particular bill, as I understand it, puts a level of oversight, as one of you mentioned, at the forefront of developers and other entities coming into the community. And so with that in mind, if as it relates to issues of medical concerns, etc., if that puts some level of responsibility with the RCO for the various areas to have oversight of what and who is coming into the community, that's very important to me. And it's one of the primary reasons that I support this bill. So I'd like to thank you for giving me the opportunity to represent my community and its interests and for all of the work that each of you do respectfully.

Councilmember Bass

Well, thank you so much for your testimony, for being here today. We thank you for coming down. No questions for the witness today. So we thank you for coming 6/4/24 - RULES - BILL 240058, ETC. and joining us and giving us your testimony.

Ms. White

Thank you. My pleasure.

Councilmember Bass

Thank you. Okay. Is there anyone else here to testify on this bill 6 240242 whose name has not been called or anyone else who wants to speak on this bill? Hearing none, I want to thank all of the witnesses for participating on Bill Number 240242. And, Madam Clerk, please call the first panel we have to testify this morning on Bill 12 Number 240332.

The Clerk

Angel Rodriguez, deputy executive director, Real Estate Philadelphia Redevelopment Authority.

Councilmember Bass

I don't see Angel here.

The Clerk

Angel Rodriguez has submitted written testimony.

Councilmember Bass

Okay. Is there anyone else here to testify on Bill Number 240332? No. Okay. And seeing no one, Madam Clerk, please call the witnesses to testify on Bill Number 240368.

The Clerk

Philip Green, senior 6/4/24 - RULES - BILL 240058, ETC. manager, business advocacy, Department of Commerce.

Councilmember Bass

Good morning.

Mr. Green

Hello. Good to see you all.

Councilmember Bass

Please state your name for the record and proceed.

Mr. Green

Philip Green with the Department of Commerce. Good morning, Chairwoman Bass and members of city council. My name is Philip Green and I'm senior manager of business advocacy within the Department of Commerce. My primary role at commerce is to assist and advocate for the needs of the city's 15 business improvement districts. I'm here to testify in support of Bill 18 Number 240368, providing for the reauthorization of the East Passyunk Business Improvement District. In 2002, property owners and businesspeople along East Passyunk and a segment of South Broad Street created a bid to fund enhancements for their district. Their bid assessments have funded marketing and promotions, special events, 6/4/24 - RULES - BILL 240058, ETC. cleaning and beautification, assistance to local businesses and other activities. Commerce has been pleased to support these efforts through business grants such as the Storefront Improvement Program and support for the bids operations through the CDC tax credit program. The bids work has been complemented by cleaning and property acquisition management and business recruitment provided by a separate organization called the Passyunk Avenue Revitalization Corporation. We're pleased to see both organizations working together to provide the critical services that the area needs to remain strong. Over the years since the bid first launched, the 17 district has become a nationally renowned dining 18 destination and a vibrant gathering place for 19 neighbors and visitors. 20 The bid has been instrumental in this 21 growth, but to maintain the district and the 22 organization's forward momentum, it must increase its assessment revenue. The budget proposed in this reauthorization will gradually bring East Passyunk Avenue bids assessment revenue on par 6/4/24 - RULES - BILL 240058, ETC. with bids of similar size and scope of services elsewhere in the city. The leadership and services the bid provides are critical to maintaining the success that I've established -- that have established along with their partner -- they have established along with their partners. Pardon me. These efforts deserve the support of the city. Thank you for your consideration. I'm happy to take questions.

Councilmember Bass

Thank you. Any questions? Seeing none for members of the committee, thank you very much for your testimony.

Mr. Green

Thank you.

Councilmember Bass

You're welcome. Is there anyone else here to testify on Bill 19 Number 240368?

Councilmember Bass

Okay. Please come forward, state your name for the record and proceed with your testimony.

Ms. Doobrajh

My name is Michelle Gillen Doobrajh. Good morning, Chairperson Bass 6/4/24 - RULES - BILL 240058, ETC. and members of the Rules Committee. My name is Michelle Gillen Doobrajh and I'm the president of the board of directors for the East Passyunk Avenue Business Improvement District. I own Tildie's Toy Box, located at 1829 East Passyunk Avenue, a retail store focusing on gender neutral toys, books and gifts for all ages. I opened the store in 2016 and currently have four employees at my Philadelphia location. I also have another location in Haddonfield, New Jersey. As I just mentioned, I'm also the president of the East Passyunk Avenue Business Improvement District. I've been a board member since September of 2020 and I joined the bid in order to be involved in the community on a deeper level and to do my best to support the businesses on East Passyunk Avenue through event planning, outreach and attracting people to the avenue. Established in 2002, East Passyunk Avenue Bid was formed to address increasing vacancies on the avenue and revitalize the commercial corridor. Now serving approximately 300 6/4/24 - RULES - BILL 240058, ETC. properties and over 200 businesses, these Passyunk bid encompasses a one-mile stretch of East Passyunk Avenue from South Broad Street to Federal Street, South Broad Street between Mifflin and Snider Avenue, and several adjacent properties to East Passyunk Avenue at major intersections. Of the businesses within the bid's boundaries, the vast majority are locally owned mom-and-pop shops, with only a handful of storefronts being national chains and or big box retailers. Further, about half of the businesses along East Passyunk Avenue are women-owned. The mix of businesses on the avenue is wide ranging from bars and restaurants to boutique shops and salons to consumer and professional services. This mix of businesses is one of the main reasons East Passyunk is so walkable and accessible. Coupled with the proximity to not one but three broad street line stops, several bus routes and an indigo bike share in the heart of the district. Residents and visitors alike are able to address most, if not all, of their 6/4/24 - RULES - BILL 240058, ETC. commercial needs in one place. The bid provides essential services to the avenue like street cleaning and sidewalk sweeping. The bid also supports the businesses through marketing and PR initiatives, facade improvement grants and hosting events to draw people to the avenue. We focus on making East Passyunk Avenue an attractive hotspot not only within Philadelphia, but the surrounding suburbs and tourists as well. Over the years, the first four commercial vacancy rate in East Passyunk has been as low as 5 percent. Currently, the vacancy rate is around 10 percent, which, while higher than historically average, is still considerably lower than most other parts of the city. Businesses are continuing to navigate a post COVID world where attitudes toward dining and shopping continue to change. With the changing economy, the EPA bid is essential in continuing to provide support and guidance to businesses through the changing climate. Earlier this year, East Passyunk bid 6/4/24 - RULES - BILL 240058, ETC. launched a survey to evaluate the needs of our constituents and the greater community. Not only were bid property and business owners notified via individual email and postcard mailings, but so was the general public via email, marketing campaigns, social media and our website. Over the course of a month, the survey garnered over 360 responses, the majority of which came from immediate residents of East Passyunk crossing and Passyunk Square neighborhoods. percent, however, were bid 13 property and or business owners. 14 This needs assessment summary was 15 presented to membership virtually on Monday 16 evening, March 6th, and subsequently posted on 17 the EPA bid's website.

Ms. Doobrajh

This feedback was then 18 used to drive the bids five-year plan, of which 19 the details I will get into next. This final 20 plan was then presented to the membership in a second meeting on Tuesday morning, April 2nd and also subsequently posted on our website. The general consensus of the survey was threefold. Continue programming and events and marketing the avenue, reduce storefront vacancies 6/4/24 - RULES - BILL 240058, ETC. and diversify the business mix, and make Passyunk Avenue a more pedestrian friendly and create more public spaces. These directives are very much in line with the bids current mission and service offerings. So today's proposed bid plan aims to continue that work. While there are no real changes to the bids proposed services and programs, there are several changes to the bids budget, method of assessment and boundaries. Over the past 13 years, prices have increased by 50 percent due to 14 inflation. 15 During that same time period, however, the EPA bid's assessment revenue has been locked and remained ostensibly flat at $200,000 a year. To compound matters, EPA bid used to receive funding from the Pennsylvania Downtown Center's main Street program, which provided $50,000 in supplemental staff salary and $25,000 in facade improvements. With the discontinuation of that program several years ago and the inability to keep up with inflation, the bids budget has lost 6/4/24 - RULES - BILL 240058, ETC. significant buying power over the years. To right the bids budget to a sustainable level, the bid is increasing its year one budget by $75,000 to $275,000. In years two to five, the plan allows the board to implement a maximum 7 percent year over year increase to eventually catch the budget up with inflation. In addition to flat assessment revenues, the bids method of assessment calculation considerably limited the bids ability to maximize collectible assessments and update property owners' assessments to reflect the changing property values. In this proposed plan, the method of assessment would move to a budget-based model, a common practice and best practice among all other bids in the city. In this method, current year assessments will be based on the recent office of property assessment market values as of April 1st of the preceding year. And each property would pay a portion of the bid budget proportional to their total market value of all assessable properties in the district. 6/4/24 - RULES - BILL 240058, ETC. There are a few exceptions to this calculation. First, owner occupied and taxes and properties would be excluded from the equation entirely. Also, properties with outlying market values will either pay a $365 per year equivalent to $1 a day or a maximum of percent of bid 9 budget. The minimum assessment would only apply to properties with structures built on them. In other words, empty lots and patios would still be assessed but excused from the 365 minimum. By our estimates, this minimum would apply to a dozen or so properties within our district. The capped assessment at $25,000 per year in year one would only affect one property in our district, the Constitution Health Plaza at 1930 South Broad Street. The last set of changes to the bid plan are a handful of additional properties. A few parcels within East Passyunk Avenue frontage were mistakenly left out of prior ordinances because of misleading mailing address as an example of which being 1304 to 06 South 9th street that doubles as 1303 and 1305 East Passyunk Avenue. 6/4/24 - RULES - BILL 240058, ETC. 833 Wharton Street and 1100 Wharton Street, on the other hand, are being added because they were recently developed and are speculated for major development, respectively. In summation, I support the bid because I have seen firsthand as a resident, then a business owner, a board member and now the board president, how much the community and businesses benefit from a bid.

Ms. Doobrajh

Things that go unnoticed on the avenue, like street cleaning, become apparent once you step outside our boundaries. Commercial corridors without bids suffer from a lack of PR and events. Less tangible is a sense of community and belonging that comes with a bid. We are a diverse group with a shared goal of bettering our community, supporting our businesses and creating something special. The bid is the glue of the neighborhood and I've had the opportunity to see that from many viewpoints. We appreciate the assistance provided by Councilman Squilla and his staff and request your support in reauthorizing the East Passyunk 6/4/24 - RULES - BILL 240058, ETC. Avenue Business Improvement District. Thank you for your time.

Councilmember Bass

And thank you for your testimony. Councilman Squilla.

Councilmember Squilla

Thank you. I want to thank you for all the hard work and dedication to it. I mean, it's always challenging when we're dealing with all different types of businesses and ownership, but also dealing with community issues and concerns that surround the corridor. And it's not always an easy job. But I know that it's a lot of hard work and we appreciate that. And we appreciate how East Passyunk has been able to adapt to changes and challenges along the way. So hopefully we'll be able to move that forward and continue another five years. Thank you.

Ms. Doobrajh

Thank you.

Councilmember Bass

Thank you. Any other comments from members of the committee? No. Seeing none. Okay. Thank you very much for your testimony. And is there anyone else here to testify on this bill? Please come forward. 6/4/24 - RULES - BILL 240058, ETC. State your name for the record and proceed. Is there anyone else also here for this particular bill?

Mr. Sweitzer

Hello.

Councilmember Bass

Yes, come forward.

Mr. Sweitzer

My name is Jodi Switzer.

Councilmember Bass

Good morning. Please state your name for the record and proceed.

Mr. Sweitzer

Jody Sweitzer.

Councilmember Bass

Proceed. Yeah. Oh, sorry. Thank you.

Mr. Sweitzer

I am here representing myself at 1325-29 East Passyunk Avenue, and my neighbor, Freddie and Janet Daddy, longtime residents of 1323 East Passyunk Avenue. They cannot attend due to medical procedures they're having today, and they asked me to speak on their behalf. They live on a fixed income and this yearly assessed fee will only gouge their already limited income that has also been reduced by the OPA. Our neighborhood has been dramatically overtaxed in the past couple years. I've been 6/4/24 - RULES - BILL 240058, ETC. fighting the OPA for years now. I'm not even going to tell you how much my building has been assessed now. But anyway, the beautification that the Passyunk Business Improvement District has instituted seems to really help the younger businesses and not the older residents. And I just bring this forward because in case Freddie is an older resident and we still don't have trash cans on our block. The beautification definitely is happening. But if anything we're feeling is the overtaxing of our properties. Freddie wanted me to also say that him and his wife have been harassed repeatedly at their home and at their property on Passyunk Avenue by someone from the business district. And as a gentleman, he did not disclose this person's name, but he wanted me to say that he is really grateful that she finally gave up. They wanted to buy his property. I understand that the business improvement district really wants to make it a better avenue of thoroughfare. They already own 6/4/24 - RULES - BILL 240058, ETC. several properties. And according to the Exhibit A, Section 4, they determine who gets extra funding as a business and who doesn't. That being said, a noisy brewery exists across the street from me, and they got help when a coffee shop down the street from me where neighbors actually really congregated didn't get the help they needed to stay afloat. That was a personal thing. But still, it just seems to me that there is favoritism and us who have been there more than years before 13 this was even put into effect don't necessarily 14 see the results. 15 I know that they need a third of the 16 residents need to protest the renewal. And I 17 know I'm only one of two residents, but I would 18 be remiss for me not to be here to basically 19 speak for the 1300 block of Passyunk Avenue. 20 Thank you for your time.

Councilmember Bass

And thank you for your testimony. Chair recognizes Councilman Squilla.

Councilmember Squilla

Yes. Thank you for your testimony. And so do you own the 6/4/24 - RULES - BILL 240058, ETC. property at --

Mr. Sweitzer

I've owned it and lived there for -- since 2000.

Councilmember Squilla

You owned it since 2000?

Mr. Sweitzer

Uh-huh.

Councilmember Squilla

And is it a fully residential?

Mr. Sweitzer

I live on the third floor. I have a tenant on the second floor.

Councilmember Squilla

And the first floor is retail?

Mr. Sweitzer

No, no, no. It's been unoccupied because I can't find any contractors to work for me.

Councilmember Squilla

So it's unoccupied?

Councilmember Squilla

And did you get a letter about the bid that you received the packet?

Mr. Sweitzer

Yeah, it's right here.

Councilmember Squilla

And did you submit that a request back? 6/4/24 - RULES - BILL 240058, ETC.

Mr. Sweitzer

No. I did not, sir. I'm not sure I understand what that was supposed to do.

Councilmember Squilla

Well, when a bid goes out, you get to respond whether you oppose the bid or not.

Mr. Sweitzer

Oh, I thought that's what I was doing by showing up here today.

Councilmember Squilla

Oh, okay.

Mr. Sweitzer

My misunderstanding.

Councilmember Squilla

No, during the packet, you respond one third of the people, one third of the ownership of the properties. If they respond in a negative way, the bid would not move forward.

Mr. Sweitzer

Oh, and how does one respond without --

Councilmember Squilla

When you get your packet, there's a response in the packet that you send in.

Councilmember Squilla

But I'd be happy to work with you on your assessments because the bid does not do OPA assessments. 6/4/24 - RULES - BILL 240058, ETC. They work their assessments off OPA. If you are believing that you're being over assessed for OPA, my office will work with you on that.

Mr. Sweitzer

When I was suing the opaque, your office did try to help me, but it didn't really do much. But I would love to redo that if that's possible.

Councilmember Squilla

Okay. Well, we'll work with you on the assessed values. And the other issue about the residents, only the property owner pays the assessment to the bid and it's based on your OPA value. So if your assessment goes down, your bid payment also goes down.

Mr. Sweitzer

Right. Yeah. The assessments don't go down. They just haven't. I've tried. I really try.

Councilmember Squilla

And you have appealed them in the past.

Mr. Sweitzer

I'm sorry?

Councilmember Squilla

You have appealed the assessments in the past?

Mr. Sweitzer

Oh, twice.

Councilmember Squilla

Twice? 6/4/24 - RULES - BILL 240058, ETC.

Mr. Sweitzer

Yeah. I was in court twice with a lawyer. Had to pay the fees. Oh. So, you know, I'm trying. I'm really trying, but it's just -- I feel like an uphill battle because the OPA has determined that my property is -- I'm undervaluing my property. But that's a whole other conversation, so.

Councilmember Squilla

I'd like to talk to you offline on that and see if we could help in any way.

Mr. Sweitzer

I would appreciate that.

Councilmember Squilla

Thank you.

Mr. Sweitzer

Thank you very much.

Councilmember Bass

Thank you, Mr. Chairman -- thank you, Mr. Councilman Squilla. Chair recognizes the next witness. Please state your name for the record and proceed with your testimony.

Mr. Giangiordano

Good morning, everyone. My name is Michael Giangiordano II. Thank you, Chairperson Bass, Councilmember Squilla, and other members of the Rules Committee. I am a board member of the East Passyunk bid, as well as a business owner. 6/4/24 - RULES - BILL 240058, ETC. My dad and I own Century Forrester, located on the avenue, as well as being a property owner and more importantly, a neighbor. And I just am here in support of this bill to reauthorize our bid for another five years, because the East Passyunk corridor is really the lifeline of our neighborhood. And it really embodies Main Street America. And the work that we do at the bid is really important to our community. So thank you. Thanks for your consideration.

Councilmember Bass

Thank you very 14 much for your testimony. And is there anyone 15 else here to testify on Bill Number 240368? 16 Anyone else here to testify on Bill Number 17 240368? Anyone? Please come forward now. Okay. 18 Please state your name for the record and proceed 19 with your testimony. 20

Ms. Lisuka

Hi, my name is Anne 21 Lisuka, (phonetic) and I'm a consultant for the East Passyunk bid on their reauthorization. I just wanted to make some clarifying statements in regards to Miss Sweitzer's testimony. I really do thank her for coming here and giving her 6/4/24 - RULES - BILL 240058, ETC. feedback this year. However, according to our invoicing records, she actually has not been assessed by the East Passyunk district at all during its tenure. So moving forward, she was labeled as owner occupied. We definitely understand hardships and that sort of thing. However, moving forward, next year, if she were to be assessed because it's 50 percent owner occupied, she can apply for an exemption and then the exemption would be applied accordingly. However, to date, she has not contributed any portion by assessment to the bid.

Councilmember Bass

Okay. All right. Thank you for the clarification. Anyone else here to testify on Bill Number 240368? All right. Seeing none. Madam Clerk, please call forward the witnesses to testify on Bill Number 240385.

The Clerk

Paula Brumbelow Burns, Director of Legislation, Philadelphia City Planning Commission.

Councilmember Bass

Good morning. 6/4/24 - RULES - BILL 240058, ETC.

Ms. Burns

Good morning.

Councilmember Bass

Please state your name for the record and proceed.

Ms. Burns

I am Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission. I am here to testify on Bill Number 240385 introduced into City Council on May 2nd, 2024 by Councilmember Squilla. Bill Number 240385 amends the Philadelphia Zoning Maps by changing the zoning of land located within an area bounded by Snider Avenue, 6th Street, Cantrell Street and 7th Street in the Whitman neighborhood of the South Planning district. This bill will change the existing CMX to CMX commercial mixed-use district for a portion of the block bounded by Snider Avenue, 6th Street, Cantrell Street and 7th Street. The change in zoning will reflect the commercial nature of the block and will support the construction of a new headquarters and community center for the Southeast Asian Mutual Assistance Association Coalition. The Philadelphia City Planning 6/4/24 - RULES - BILL 240058, ETC. Commission considered Bill Number 240385 at its public meeting on May 16th, 2024, and recommended the bill for approval. I'll be happy to answer any questions at this time.

Councilmember Bass

Thank you. Any questions from members of the committee? Seeing none. Is there anyone else here to testify on this bill? And we thank you for your testimony today on Bill Number 240385. Madam Clerk, please call forward the testifier on Bill Number 240415.

The Clerk

Paula Brumbelow Burns, Director of Legislation, Philadelphia City Planning Commission.

Councilmember Bass

Welcome back.

Ms. Burns

It was a quick trip this time.

Councilmember Bass

Please state your name for the record and proceed.

Ms. Burns

I am Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission. I am here to testify on Bill Number 240415, introduced into City Council on May 9th, 2024 by Councilmember Gilmore Richardson for Council President Johnson. 6/4/24 - RULES - BILL 240058, ETC. Bill Number 240415 amends the Philadelphia Zoning Maps by changing the zoning within an area bounded by Island Avenue, the Delaware Expressway, and Bartram Avenue in the Eastwick neighborhood with the Southwest planning district. This bill will rezone a portion of land that is located along Interstate 95 and the exit ramps for the airport and Bartram Avenue. The property is currently a vacant office building that is owned CMX 3 commercial mixed use and will change to I2 medium industrial. The use will support the preservation of land for industrial uses that reinforce PHL operations. The staff of the planning commission will be recommending for approval as this supports the preservation of land for industrial uses and reinforcing PHL operations within the Philadelphia 2035 citywide vision. The Philadelphia City Planning Commission will consider Bill Number 240415 at its public meeting on June 6th, 2024. I'll be happy to answer any questions at this time.

Councilmember Bass

Thank you very 6/4/24 - RULES - BILL 240058, ETC. much for your testimony. Are there any questions from members of the committee? Seeing none. Thank you very much for your testimony.

Ms. Burns

Thank you.

Councilmember Bass

Is there anyone else here to testify on Bill Number 240415? No? Okay. Seeing none. Madam Clerk, please call the next witness to testify on Bill Number 240421. Guess who it is.

The Clerk

Paula Brumbelow Burns, Director of Legislation, Philadelphia City Planning Commission.

Ms. Burns

Hello again. We're doing fast trips today.

Councilmember Bass

All right. Moving right along. Please state your name for the record and proceed with your testimony on Bill 19 Number 240421.

Ms. Burns

I am Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission. I am here to testify on Bill Number 240421 introduced into City Council on May 9th, 2024 by Councilmember Jones. Bill Number 240241 amends the 6/4/24 - RULES - BILL 240058, ETC. Philadelphia Zoning Code and maps by changing the zoning maps for land bounded by Valley Avenue, Domino Lane, Ridge Avenue, Paoli Avenue, Pechin Street, Ridge Avenue, Hermit Street, and Henry Avenue. The bill also will add section 14-541 Ridge Avenue neighborhoods overlay, RAN, impacting several neighborhoods along Ridge Avenue of the lower Northwest planning district. This bill will update zoning for several properties along Ridge Avenue for a five mile stretch from Crescent Street to Domino Lane. The zoning will correctively zone commercial and multifamily properties. The existing Ridge Avenue neighborhood conservation area will be moved to a new, unique overlay and will also apply to large residential properties that are zoned RM 1 residential multifamily. The overlay will also add in new requirements that will allow for right sizing new developments to be more in character with the surrounding neighborhoods. The staff of the planning commission will be recommending approval for this bill. Our 6/4/24 - RULES - BILL 240058, ETC. office has worked over two years with a consortium of impacted community organizations and members to address concerns along Ridge Avenue to create this relocated overlay and update the zoning maps. The Philadelphia City Planning Commission will consider Bill Number 240241 at its public meeting on June 6th, 2024. I will be happy to answer any questions at this time.

Councilmember Bass

Thank you very much. Chair recognizes Councilmember Jones.

Councilmember Jones

Thank you, Madam Chair. I just want to thank you for being supportive of this legislation. See, we can all get along. Thank you so very much.

Ms. Burns

It was our pleasure. It was a very long process but every community group along that stretch was at every single meeting we had over the two years. So it really was beneficial.

Councilmember Jones

Thank you.

Councilmember Bass

Thank you for your testimony. Any other questions from members of the committee? Seeing none. Okay. Thank you 6/4/24 - RULES - BILL 240058, ETC. for your testimony. And is there anyone else here to testify on Bill Number 240421? Okay. Please come forward and state your name for the record. Good morning. Please state your name and proceed.

Mr. Carpenter

Good morning. My name is John Carpenter. Thank you, Chairwoman Bass, Councilman Jones, and members of the Rules Committee. My name is John Carpenter, and I'm here today as president of the Central Roxborough Civic Association. As a registered civic organization, CRCA has hosted many public presentations of proposed developments that require variances through the zoning review process. Through these public meetings, we have heard a great deal of public comment regarding these proposals. We also heard concerns about the numerous projects that have been built by Wright without formal input over the past few years. As the volume of this development increased, the neighbors of these projects grew increasingly concerned that their quality of life was being eroded by these projects. 6/4/24 - RULES - BILL 240058, ETC. As a result, over the past more than two years, CRCA worked with our neighboring RCOs, including the Ridge Park Civic, Wissic interested neighbors, Interested Citizens Association, the Wissic and Neighborhood Civic Association, as well as the Roxborough Development Corporation and the City Planning Commission to develop the bill that's before you today. A few weeks ago, we also hosted a public meeting attended by well over 100 residents where this bill was presented and discussed in detail. The bill modifies the Ridge Avenue neighborhood commercial area overlay to address many of the concerns we heard from neighbors at the past few years of public meetings. It regulates the multifamily developments that have, up until this point, not been subject to any overlay regulations. It allows developers to build and use underground parking facilities for their tenants that had been previously forbidden by a prior version of this overlay. It creates increased setbacks and lower height limits in sections of 6/4/24 - RULES - BILL 240058, ETC. Ridge Avenue to help development better fit into our already diverse, historic and thriving community. The conversation that was had a few bills ago this morning is important to us because the other thing our bill does is it preserves the incentives for affordable housing development in our neighborhood. But it insists that if a developer takes advantage of those density bonuses, that that money be spent in that property to create affordable units in that property. I understand that may be a little extreme version of what you were talking about this morning. But we've had probably more than 2000 units of new housing built in our neighborhood, and not a single one of those units is affordable to the people who -- children of people who grew up in our neighborhood. We think that's appalling, and we would like to see that changed. This bill also promotes the development of new commercial space at the ground level that can be used by businesses like restaurants and retailers by requiring suitable ceiling heights, 6/4/24 - RULES - BILL 240058, ETC. 14-foot minimum ceiling heights so the HVAC and other basic systems to support those kinds of businesses can be installed and you still have a spacious space for that use. It requires appropriate parking for new residential units to ensure that these projects do not adversely affect existing residents. And finally, it rezones a number of properties along the avenue to better fit their current uses or their planned best use. We want to thank the planning commission staff, Councilman Jones and your staff, and the many residents who took the time to raise their concerns with our organizations over the past few years, and we urge you to support this bill. Thank you.

Councilmember Bass

Thank you very much for your testimony. Please state your name for the record and proceed.

Ms. Cusack

Jacqueline Cusack. I am the executive director of the Roxborough Development Corporation. Thank you for having us here today, Councilman Bass and the Rules Committee. 6/4/24 - RULES - BILL 240058, ETC. Roxborough Development Corporation is a nonprofit entity that manages the Ridge Avenue Business Improvement District. And I'm here today to express our support for the Ridge Avenue neighborhoods overlay. As John mentioned, we worked with the five other RCOs in the neighborhood along with the Philadelphia Planning Commission in a very lengthy process to find the balance. The neighborhood of Roxborough Long Ridge Avenue has a very unique fabric that defines our area and I believe this overlay is essential for preserving enhancing the neighborhood's character. Ridge Avenue is not just a thoroughfare, it's a lifeline of the community of Roxborough. It's in a period of transition that is looking to bridge the legacy businesses and legacy residents with the transformation along the business corridor. As many of the areas of Philadelphia in the last few years have seen rapid, large scale, dense development, Ridge Avenue is experiencing the same thing. The recent development, however, has not always balanced the needs of the 6/4/24 - RULES - BILL 240058, ETC. residents and the existing business community with the vision of the developers. The proposed overlay seeks to address this imbalance by ensuring the future developments are thoughtful, sustainable and in harmony with the existing neighborhood. The overlay presents a comprehensive plan that supports increased density while maintaining the character and livability of our community with a clear understanding of compromise and long-term planning. By implementing these changes for future development, we can ensure that the growth is managed in a way that benefits everyone. This means more opportunities for businesses to thrive without compromising the quality of life for residents. It means safer, more walkable streets, better public spaces, and more vibrant community overall. One of the critical components of this overlay is the creation of different height limits on different segments of the avenue. By implementing these restrictions, we can preserve the aesthetic continuation and historical 6/4/24 - RULES - BILL 240058, ETC. significance of ridge Avenue while preventing the overshadowing of smaller and historic buildings. The topography of Roxburgh is challenging and this careful planning is crucial for maintaining the unique skyline and ensuring the new construction are harmonious with the existing structures. Additionally, the incorporation of residential multifamily parcels into the overlay and the remapping of the parcels to align with their current use or the parameters of this overlay is paramount. This strategy ensures that the zoning reflects the actual needs and uses of the area, providing clarity and stability for both residents and developers. I believe by doing so, we can create a cohesive and well-organized community structure that supports diverse housing options and meets the evolving demands of our neighborhood. Roxborough's strength lies in its growing diversity and the strong sense of community among its residents. The Ridge Avenue neighborhoods overlay recognizes this by incorporating community input and addressing 6/4/24 - RULES - BILL 240058, ETC. concerns about preserving the essence of our area. It promotes mixed use development that cater to modern needs while respecting the heritage and scale of our neighborhood. Moreover, the overlay supports strategic density. By encouraging development in targeted areas, we can provide more housing options and reduce sprawl, leading to more efficient uses of resources and better infrastructure. This will help us accommodate new residents and businesses in a way that is sustainable and beneficial for RL. The IDC urges the Rules Committee to adopt the Ridge Avenue's neighborhood overlay.

Ms. Cusack

This plan represents a balanced and forward-thinking approach to development that respects the unique identity of Roxborough's neighborhoods while promoting growth and sustainability. I just want to thank the Philadelphia Planning Commission staff, Councilmember Jones and his staff for the guidance during this process and for your time today. Thank you.

Councilmember Bass

Thank you very 6/4/24 - RULES - BILL 240058, ETC. much. Thank you very much for your testimony. Any questions? Councilman Jones?

Councilmember Jones

Not a question, Madam Chair, but a comment.

Councilmember Bass

Okay.

Councilmember Jones

I want to thank them for their continued work. This didn't just pop here today. This is over a year's worth of work collectively with the respective organizations along the ridge. The privilege I have to represent the corridor is that George Washington walked up and down Ridge Avenue, spent the night there, and I can only say that some of those buildings still exist because of overlays like this. I would also say that it is one of the best small towns in the City of Philadelphia and because of the character of the architecture that is being preserved and kind of blending some of the design to match that. It's a great walkable space. And I appreciate Passyunk Avenue. I used to work down there. Remember Squilla? In another life at PCDC. But y'all ain't got 6/4/24 - RULES - BILL 240058, ETC. nothing on Ridge Avenue. Yeah, I remember that. No PCDC. John Jurasse, (phonetic) a guy who used to represent the Passyunk Avenue. So I look forward to the continued work that we're doing to preserve some of the qualities of a small town while encouraging development. People need places to live, but the people who similar to your plea today, that people who live there through the good times and the challenging times should be able to afford to live there and their children live there in the future. And I would only say that Ridge Avenue is only second to Germantown Avenue by way of historic significance. Like, you guys probably have one of the most historic corridors, business trips in the City of Philadelphia. So thank you for your work. We appreciate it. And the unnamed staffer that has worked so hard on this, his name is Joshua Cohen. And he fights very hard for these areas, all of the district, but in particular that part of the district, because he lives there. Thank you.

Mr. Carpenter

Thank you. 6/4/24 - RULES - BILL 240058, ETC.

Councilmember Bass

Thank you very much for your testimony. Chair recognizes Councilwoman Gauthier.

Councilmember Gauthier

Thank you, Madam Chair. I wanted to one, commend Councilmember Jones on this bill, but also on what sounds like a really robust community engagement and community planning process. And wanted to thank our testifiers. Special thanks to Mr. Carpenter for your comments on my bill and just for your work overall. When I was just starting off my career at LISC, I was looking to people like you and others in housing and community and economic development to learn. Right? So thank you so much, not only for today, but for your work in the city over a very long period. Not as long as when George Washington was walking the streets, but definitely for several decades. Thank you.

Councilmember Bass

Thank you for your testimony today. Thank you, Councilwoman Gauthier and Jones. Is there anyone else here to testify on Bill Number 240421? Anyone? Okay. 6/4/24 - RULES - BILL 240058, ETC. Seeing none. Madam Clerk, please call the next testifier for Bill Number 240426. And while we prepare for them, I would like to open this up first to Councilwoman Quetcy Lozada, who had some opening comments. Councillady.

Councilmember Lozada

Thank you, Madam Chair, members of the committee. For years, the Northeast Philadelphia has been one of the residents. There's been a need for health services. The Northeast has been a public health desert for a really long time. Health Center 10 has more than four times the average wait time for initial visits for children at the city's other health centers, and nearly twice that time for adults. The Department of Health produced a proposal to establish two new health centers that would close this gap in coverage, providing more people with care and making our communities healthier. The proposed health center, located at the Friends Hospital campus, will offer 6/4/24 - RULES - BILL 240058, ETC. comprehensive adult and pediatric care and on- site pharmacy, radiology, dental care, a lab, women's health services, prenatal care, insurance counselors, health navigators, and behavioral health counselors. These services are very important to making our communities safer and healthier for all. Upon my arrival in council in 2022, I was under the impression that robust community engagement around this project had been conducted. I found as we began the process that I was wrong, and I wanted to ensure that we provided patients providers and community residents an opportunity to voice their concerns, their support, or comments around the project. And so my office held five community meetings that the health center around the areas of where the health centers would serve. At each meeting, the room was at or near capacity and filled with Passyunk residents interested to learn more. At the conclusion of each presentation, residents were able to ask questions and give testimony about their concerns 6/4/24 - RULES - BILL 240058, ETC. and just learn more about the project. I would like to thank community residents, some of whom are here today, who participated in those meetings. Your active engagement throughout this process ensured a vigorous, properly vetted analysis of this proposal. I would also like to thank the city's public health department, Councilmember Phillips, whose constituents will also likely use this health center, and former Councilmember Sharon Vaughn, who's also the board leader who attended the meetings and helped bring out members of the community. It is after these meetings with each of these public officials and community residents that I decided to move forward with the proposal, and I encourage my colleagues to provide a favorable recommendation on this bill. There is a lot of controversy when new things are happening in different neighborhoods and there's always questions. But my goal has always consistently been to ensure that a community engagement process does occur and that 6/4/24 - RULES - BILL 240058, ETC. people feel that their input was valued and respected. And more importantly, that it is taken into consideration. And I believe that after these five community meetings, we have done so. And so I ask for a favorable recommendation for Bill Number 240426. Thank you.

Councilmember Bass

Thank you, Councilwoman Lozada, for your comments. Are there any other opening comments from members of the committee? No? Seeing none. Please state your name for the record and proceed with your testimony, Paula.

Ms. Burns

Hi. I'm Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission. I am here to testify on Bill Number 240426, introduced into City Council on May 9th, 2024, by Councilmember Lozada. Bill Number 240426 amends the Philadelphia Zoning Maps by changing the zoning of land in an area bound by Roosevelt Boulevard, Adams Avenue, Ramona Street, Wyoming and Whitaker Avenues in the Northwood neighborhood. 6/4/24 - RULES - BILL 240058, ETC. This bill will correctively change the zoning district from RSA 1, residential single family attached to SPC, special purpose civic for the lower Northwest Friends campus by allowing civic, educational and medical special purpose land use to be permitted by right. The Philadelphia Department of Public Health is proposing a new city health center on the campus that will offer comprehensive primary care for adults and children. The proposed city health center will complement buildings and landscaping on the historic Friends Hospital campus. The new facility will also include a safe drop off lane inside the campus for those with mobility impairments. Also, public transit improvements will be made to the existing SEPTA Langdon Street bus stop. The Philadelphia City Planning Commission will consider Bill Number 240426 at its public meeting on June 6, 2024, and will recommend the bill for approval in accord with previous policy. I'll be happy to answer any questions at this time. 6/4/24 - RULES - BILL 240058, ETC.

Councilmember Bass

Chair recognizes Councilman Jones.

Councilmember Jones

Thank you, Madam Chair. What's the dollar amount size of this project?

Ms. Burns

I do not know that answer at all.

Councilmember Jones

I keep asking good questions.

Ms. Burns

You really do. And I don't have the answers today. But we will -- I will read -- I'm sorry, the councilmember may know.

Councilmember Bass

The chair recognizes Councilwoman Lozada.

Councilmember Lozada

We have members of the health department here who will be able to respond to the size of the project, the number of patients it will serve. All of that was part of the analysis that was conducted as we work towards moving the plan in the process forward.

Councilmember Jones

Okay.

Councilmember Lozada

If that's okay with you, Councilmember Jones.

Councilmember Jones

Yeah. Can you 6/4/24 - RULES - BILL 240058, ETC. provide those details to the chair? And I mean, well, I support it.

Councilmember Lozada

They're going to offer it in (indiscernible).

Councilmember Jones

Thank you, Madam Chair.

Councilmember Bass

Thank you. All right. No other questions from the committee. Thank you for your testimony. Can we have the clerk please call forward the next group of witnesses?

The Clerk

Palak Raval-Nelson, deputy health commissioner, Department of Public Health, and Sarah Enos Thorpe, chief of staff of the Department of Public Health. And Adam Goldman, executive director of Philadelphia Unemployment Project.

Councilmember Bass

Okay. Good morning. Is it still morning? Almost afternoon. Please state your name for the record and proceed.

Ms. Raval-Nelson

Dr. Palak Raval- Nelson, deputy health commissioner for the health department. 6/4/24 - RULES - BILL 240058, ETC.

Ms. Enos

And Sarah Enos. I'm the chief of staff for the Department of Public Health.

Councilmember Bass

Okay. Please proceed.

Ms. Enos

Good morning, Chairperson Bass and members of the city council Committee on Rules. As I stated, my name is Sarah Enos and I'm the chief of staff for the Department of Public Health. And we thank you for the opportunity to testify in support of Bill Number 240426, the rezoning of Roosevelt Boulevard, which will allow for the construction of a new city health center on the campus of Friends Hospital. The mission of the Department of Public Health is to protect and promote the health of all Philadelphians and to provide a safety net for people who are disproportionately impacted by societal factors that limit their access to healthcare and other resources necessary for optimal health. Access to primary and preventive medicine at the health centers enhances quality 6/4/24 - RULES - BILL 240058, ETC. of life and improves overall health outcomes. In some cases, access to the health centers literally saves lives. The city health centers offer comprehensive primary and supportive healthcare services to all Philadelphians, regardless of age, insurance status, and ability to pay. Most patients seeking care at the health centers live under the federal poverty line and about 40 percent of them are uninsured. Patients at the health centers are friends, neighbors, and relatives. They are children needing physical exams to play sports or attend school, people who have lost their health insurance, and seniors who can't afford their medication. In northeast Philadelphia, there is currently one city health center located at Cottman & Bustleton where wait times for new adult patient appointments are close to a year and new pediatric appointments are close to six months, both of which are entirely way too long. These long wait times force patients to forego care for chronic conditions like diabetes, 6/4/24 - RULES - BILL 240058, ETC. hypertension and heart disease, leading to diminished ability to work, support their families, enjoy a quality of life, which often leads, sadly, to shortened lives. For children, this can mean decreased access to routine physical exams and vaccinations, delaying the ability to enroll in or stay in school. The need for new health centers in the northeast is not new, and the department has been working for many years to identify and secure funding and locations to build a new health center. We have been able to secure the funding to build two new health centers, one as part of an infill development project with the Frankford CDC near the Frankford Transportation Center, and one on the campus of the Friends Hospital. In searching for sites, we looked at proximity to public transportation and major arteries, space for parking, a large enough footprint to accommodate health center programming, visibility to the public, proximity to local amenities, a safe physical environment, and a building that can sustain heavy daily 6/4/24 - RULES - BILL 240058, ETC. utilization for a long period of time. The site on the Friends Hospital campus meets these requirements, making it an ideal location for this health center. The site at Friends Hospital will accommodate about 30,000 patients per year and has plenty of space to accommodate both our current health center programs as well as provide room to grow to accommodate the changing needs of the community. The site offers a beautiful, serene environment where patients will be able to enjoy the walking trails and make use of the available green space. The campus has plenty of parking for patients who drive, and the health center will be located next to the Langdon Street signal light and SEPTA stop for those who utilize public transportation. The Philadelphia Department of Public Health strongly supports this rezoning legislation, which will allow for health center construction and as a result, will help keep Philadelphians healthy. We would also like to thank Councilmember Lozada for her support of this 6/4/24 - RULES - BILL 240058, ETC.

Ms. Enos

project, and thank you to the committee for allowing us to testify. We're happy to answer any questions.

Councilmember Bass

Thank you for your testimony. Dr. Nelson.

Ms. Raval-Nelson

I don't have any formal testimony, Councilmember. I'm just here to support and answer any questions.

Councilmember Bass

Okay. Chair recognizes Councilman Jones.

Councilmember Jones

Thank you so much. You mentioned in your testimony some of the unacceptable delays we now face with all health centers in the City of Philadelphia. And so I'm encouraged by this project to be some relief to that. How does that relate to people who have diabetes seeking insulin and other -- I've heard horrendous stories about there not being enough supply. And do we have our own separate supply within the City of Philadelphia?

Ms. Enos

So each health center has a health center pharmacy that dispenses medications to health center patients. And so once you are 6/4/24 - RULES - BILL 240058, ETC. in the health center system as a patient, the onsite pharmacy can dispense medications. At this time, I don't know of any insulin shortages, but we have a pharmacy contract. We have a pharmacy wholesaler that provides all medications sort of on a next day delivery system.

Councilmember Jones

Can you provide to the chair specifically about the insulin shortage that is going on because of Ozempic and this, that, and the other, there were times where people couldn't get their prescriptions filled. And I want to juxtapose that with a hearing on CVS right aid to see how that impacts people within the City of Philadelphia. But the question becomes, is the City's health department the relief from that for many? So that you don't have to answer that now. Could you provide that to the chair?

Councilmember Jones

Thank you.

Councilmember Bass

Thank you. Thank you for the question. Any other questions for this panel? And seeing none. Chair recognizes 6/4/24 - RULES - BILL 240058, ETC. Councilman Lozada.

Councilmember Lozada

I'd also like to just add that in districts like mine, because of everything that we have been experiencing, because of the high volume of retail theft, because of just life. Right? Quality of life. We have lost many of our pharmacies. They have left the district. Many of our just local doctors' offices have picked up and taken their practices to other spaces and other places. And so hearing from residents how long it takes for them to be able to see a doctor, hearing from residents the amount or the distance that they have to travel to be able to go see a physician. To me, even hearing some of the concerns from those who are opposing this project to me, making sure that people have access to seeing a doctor was important. Making sure that residents are able to fill their prescriptions before walking out of the doctor's offices and not having to make an additional stop to be able to get the medication that they need to be able to live healthy, it was 6/4/24 - RULES - BILL 240058, ETC. extremely important. So I think that all of the opportunities that will be or could be available in a project like this one are opportunities that will create a healthier 7th council district. And so I want to say thank you to everyone who's been involved and who has participated in the conversations of this project because we all have the district's best interest at heart and we understand that we're not going to make everyone happy, but we needed to make sure that the decisions were made in an effort to improve quality of life and make everyone healthier.

Councilmember Bass

Thank you, Councilmember. And can we have the -- thank you very much for your testimony. Can we have the clerk call forward the next panel to testify?

The Clerk

Adam Goldman, executive director of Philadelphia Unemployment Project Nathan Ferris Ballard Spire LLP Council, Carol Rogers, vice chair of PDPH board of directors, and Maria Serna, Northeast community member.

Ms. Goldman

Good morning, everyone. 6/4/24 - RULES - BILL 240058, ETC. My name is Adam Goldman. I'm the director of the Philadelphia Unemployment Project. I'm going to keep mine brief because there are a number of folks, I think, who are going to give really great testimony, but this project is desperately needed. You've previously heard about the wait times at Health Center 10. I'm sure you're all aware of the quality, affordable healthcare that our -- that's provided at the city health centers. You've also previously heard about how the new health center on Roosevelt Boulevard would provide services to tens of thousands of residents from the northeast, whether or not they have insurance, whether or not they can afford to pay, whether they're unemployed, working, retired, whatever. Patients have really just waited long enough and I think really time that this moves along because it's been years in the works. As councilmember Lozada mentioned previously, she held a series of really great community events, community meetings where I think there was a lot 6/4/24 - RULES - BILL 240058, ETC. of support that was shown. In addition to that, hundreds of residents of the Northeast signed postcards and petitions in support of the project. And so I really just urge the committee to move this along so that they can begin construction and start seeing patients as soon as possible. Thank you.

Councilmember Bass

Thank you. Please state your name for the record and begin with your testimony.

Mr. Ferris

Good morning, Madam Chair, Councilmembers. My name is Nathan Ferris. I'm with the law firm Ballard Spahr, and I have the honor of representing the Thomas Scattergood Foundation this morning, which is an organization with Quaker Roots that owns the historic Friends Campus. For more than 200 years, that campus has served the medical needs of the city's most vulnerable and forgotten people. And I don't know if George Washington walked there, but there is quite a legacy at this campus, and we're proud to be the stewards of that currently. The foundation is partnering with the 6/4/24 - RULES - BILL 240058, ETC. Department of Public Health to build a new city health center on the Friends Campus, which will address the urgent need for expanded primary care in northeast Philadelphia. And we are very excited about this opportunity to further the campus's legacy of serving the neediest Philadelphians. And we're here today to encourage you to favorably report Bill Number 244426 out of committee. This bill remaps the campus to the special purpose civic zoning classification. And this remapping is the last major regulatory hurdle to making this health care -- this health center a reality. And without boring you with the details, I can tell you that I personally have been working on this project since 2020, and many people have been working on it for years before that before I became involved. So this is a very exciting day for the whole project team. And passage of this bill is a major step toward making this desperately needed health center a reality. And I wanted to thank Councilmember 6/4/24 - RULES - BILL 240058, ETC. Lozada for her incredible support of this project, as well as for helping us foster a robust community engagement process around this bill and the project. And we look forward to working with her on this health center as it continues to develop. And the foundation also wanted to thank the multiple public health commissioners and their staff who have worked tirelessly on this project. We simply would not be here today without the dedication, hard work, and skill of those public servants. And with that, I'm open to any questions. Otherwise, urge you to favorably report the bill.

Councilmember Bass

Thank you very much for your testimony. Please state your name for the record and proceed.

Ms. Rogers

Good afternoon. Buenas tardes. My name is Carol Rogers. I would like to thank you, Councilwoman Bass, and other members, and particularly Councilwoman Quetcy Lozada for the chance after many, many years to testify today. I am vice chair of the Philadelphia 6/4/24 - RULES - BILL 240058, ETC. City Health Center's board of directors. We oversee the operations of the city health centers, where we serve more than 80,000 Philadelphians each year, regardless of insurance, money to pay, or immigration status. I'm also a Philadelphia Department of Public Health retiree after 29 years of service. And I'm a member of the coalition that's been fighting for two new health centers in northeast Philadelphia now. So I'm here to testify in support of this bill, which will permit the Department of Public Health to open one of two new health centers in northeast Philadelphia on the Friends site. As you've heard, it's an urgent issue, not only for the people of northeast Philadelphia, but for all of us. I've testified many times in front of this body over 40 years ago, I testified here about this same issue. So I'm going to talk a little bit about numbers. I'm not going to bore you with numbers, but the need for new health center to serve people living in the lower northeast was 6/4/24 - RULES - BILL 240058, ETC. identified as early as 2010 by the health department. At that time, 72,000 people were living in the four zip codes surrounding the area of the new health center. 72,000 people who had chronic diseases like high blood pressure and diabetes. 5 percent of them reported having had no health care in the previous year. And I thought about the year since then, years. And I have those people on my 12 mind. How many of them suffer from preventable 13 conditions like stroke, heart attack, kidney 14 failure, amputation, early death, because they were unable to get the care they needed then? And I struggle with the reality. How many would be healthy, healthier today if their healthcare needs had been met? If we had built a new health center, then how many of them would be alive today? Our city has the highest rate of people living with disabilities in the country. Would our rates be so painfully high if we had been able to serve the primary health needs of our people then? 6/4/24 - RULES - BILL 240058, ETC. Okay. I'm going to give you another number, 305. It takes 305 days to get an appointment if you are a new, new adult patient at Health Center 10. 305 days is almost a year. And it doesn't only affect Health Center 10, it affects the rates of. The weights are higher at Health Center in our 9 neighborhood, Councilwoman Bass. At Health Center 6, which is a third in Girard, they're much longer because of the lower need. As people from the lower northeast go to those health centers for care. Healthcare delayed is health care denied. I want to personally thank Councilwoman Lozada and her staff, who promised that they would introduce this -- that she would introduce this legislation if we could show support for new health center at the Friends Hospital site. In the face of the opposition of a few northeast residents who opposed the site of this new health center, members of our coalition, including thousands of health center patients, our board members, Philadelphia Unemployment Project, Pennsylvania Immigration and Citizenship 6/4/24 - RULES - BILL 240058, ETC. Coalition, labor unions and clergy, thousands have spoken strongly in support of this new site at a Friends Hospital site without delay, as soon as is humanly possible, followed up by a new satellite clinic at the Frankford transportation site. Now, I know you have a lot of really important issues to address. I know how hard it is out here, but this one is an easy one. At least right now, I urge you to support this bill. And then please make sure there's no delay in the establishment of these desperately needed services.

Ms. Rogers

92 percent of our patients state that they would recommend their health center to a loved one. Please learn about this amazing system of care that our health centers provide and the funding that it contributes, not only to our people's good health, but to our general fund. Nobody else is coming to save us. Some of you probably don't even remember when we had a public hospital in this city. We were the first city to shut our public hospital, Philadelphia 6/4/24 - RULES - BILL 240058, ETC. General Hospital. So nobody else is coming to save us? Nobody. I urge you to support and expedite the building of two new health centers in northeast Philadelphia now and give your enduring and robust support to the Philadelphia city health centers, not only with this expansion in the northeast, but all over our city as needed. Healthcare delayed is healthcare denied. Thank you all so, so much for all your hard work on behalf of us in Philadelphia. Thank you.

Councilmember Bass

And we thank you for your testimony.

Ms. Rogers

Thank you.

Councilmember Bass

Are there any questions from members of the committee for this panel? No questions. No? All right. Seeing none. Thank you very much for your testimony. And can we have Madam Clerk please call forward the last panel to testify on this bill, 240426?

Ms. Serna

(Speaks in Spanish.)

Mr. Rodriguez

And my name is Julio. I'm going to translate after her. 6/4/24 - RULES - BILL 240058, ETC.

Ms. Serna

(Speaks in Spanish.) (In English) My name is Maria Serna. Thank you very much. Thank you, Julio Rodriguez.

Mr. Julio

Gracias, Maria. Good afternoon, Council. My name is Julio Rodriguez. I'm with the Pennsylvania Immigration Citizenship Coalition. It's great to see so many strong advocates here. And I'm going to be transiting for Maria. Dear Madam Chair, Councilmember Lozada, and members of city council, my name is Maria Serna and I'm here to testify in favor of ordinance 240426. When we think about people's lives, it's difficult to imagine what we can do to have a better quality of life and health, especially if you get sick and are looking for somewhere to seek medical attention. I have lived with my family for the last years in the northeast of the city, and I 21 can testify to how difficult healthcare has been 22 for all of us. As over the years, we were never 23 able to access healthcare at Health Center 10 on 24 Cottman Avenue because of how congested it is. 25 Where, despite getting up at 4:00 in the morning 6/4/24 - RULES - BILL 240058, ETC. to get in line, you find extremely long lines to get an appointment. And if you do get an appointment, it's over a year long waits. As it happened to my friend Christina, she was never able to get treatment there either. I actually brought a friend named Joanna who had extreme pain in her mouth. I told her where I was coming today and she said, let me go with you. I'd rather go spend half a day and try to get an appointment than wait a year. Give me one second. One big thing I want to know is that when people are not able to get care, they often resort to home remedies which we all know can be dangerous. And I want to also emphasize that this does affect people like my mom, who's 91 and she's in a wheelchair. So it's challenging to move throughout the city. So having access to healthcare nearby is super important. And as her condition becomes more difficult, it's also more and more difficult for her to take her to the doctor. The same thing happened with my sister, who suffers from multiple cirrhosis and uses a wheelchair, and with my brother, who also suffers 6/4/24 - RULES - BILL 240058, ETC. from his heart and the same way for me and my children, of which Miguel Esteban was about to die. And I often think if we had a better quality of health, this would not have happened to him. Having a place like this new center to serve us will be a great help, because the years go by and it's difficult to have accessible place to provide medical care to treat you. That is why I'm here. I took today off to be here and presenting my testimony, my life experience, not only for my family, but for more and more people. Due to not being able to access a nearby accessible place to take care of one's health, we are forced to postpone the right to care and preventative health. The health center is very important because this way, my entire family and other families, we would obtain the access to care from care of our health. In the northeast, there are many communities living that do not have that possibility. Please listen to the people. Please listen to us. Through my family's history and the great difficulties we have experienced 6/4/24 - RULES - BILL 240058, ETC. over the years due to not being able to receive proper attention and preventive care. This health center will help us have a much healthier Philadelphia because the population living in the area will have somewhere to be treated. Thank you so much for your attention to my testimony.

Councilmember Bass

Thank you. Thank you very much. Please state your name and begin.

Ms. Bradshaw

All right. My name is Marlon Bradshaw. Chairwoman Bass, Councilmembers and guests of the Philadelphia City Council Rules Committee. Back in 1981, I was living the dream. I was married, a homeowner, and I was expecting a baby. I gave birth to a beautiful baby boy. But after about six months, when our precocious toddler started walking and got a hold of his father's Christmas train set, my husband decided he wasn't really ready to be a parent and he didn't want to be married anymore. When we finally divorced, I was no 24 longer eligible for his health insurance. Our son would always be covered, but me, not so much. 6/4/24 - RULES - BILL 240058, ETC. At about the same time as my divorce, I was going to college to become a nurse. I thank God every day for my mother and my grandmother who helped me raise my son. And for Health Center 10. I remember walking into Health Center to make an appointment 42 years ago. That 8 process took over three hours. When we were 9 done, I had health insurance and an appointment 10 for adult medicine for one month later. That is nothing like the 10 to months it takes today 12 to get a first appointment. About 18 years ago, I was asked to be on the health center advisory committee. The health center advisory committee members are a wonderful group of patient representatives and community volunteers and we meet monthly. I've been a registered nurse now for over 37 years. I'm still a patient of Health Center 10. The patient satisfaction surveys prove that all of the City of Philadelphia health centers provide excellent care. We need this new health center on the campus of Friends Hospital to help those who are waiting too long for an appointment and to make a 6/4/24 - RULES - BILL 240058, ETC. dent in the healthcare desert that is northeast Philadelphia. I thank you all. My name is Marlon Bradshaw.

Councilmember Bass

Thank you very much for your testimony. Thank you for being here today. Please state your name for the record and proceed with your testimony, sir.

Mr. Warraka

My name is Kusema Warraka, president of the health centers of the City of Philadelphia. Thank you, Ms. Chairman, Councilwoman Bass, Council Jones, O'Neill, Richardson, and --

Councilmember Bass

Squilla.

Mr. Warraka

Squilla. My apology. Councilwoman Lozada, I would like to thank you so much. Much has been said. I support everything, really. We work with this together with the group. We've been in the community with the Councilwoman Lozada, we've been talking to Councilmembers, and members of the community have been very supportive. There's overwhelming support in the community for the two new health centers and the 6/4/24 - RULES - BILL 240058, ETC. pressure that is now being exerted across all the other health centers because of the whelming demand of primary healthcare, prevention care and screenings and all those demands in public health in the community at Health Center Number have 7 been overwhelming. 8 It's just about time we actually 9 addressed this issue, and I'm so thankful for the 10 support we've gotten from the community. And Councilor Bass, you remember from 2014, we've been talking about these issues of the rising population in the lower northeast and demand. So this problem is well known in the city and in public health. We thank very much of the Department of Public Health members who presented here tonight also. Anyway, I'm not going to talk too much because I'm just repeating myself and I'm so appreciative. And we thank you so much for paying attention to this issue. Thank you so much.

Councilmember Bass

And thank you. Thank you for being here today. Any questions from members of the committee? Seeing none. 6/4/24 - RULES - BILL 240058, ETC. Okay. Thank you very much for being here.

Ms. Bradshaw

Thank you.

Mr. Warraka

Thank you.

Councilmember Bass

Thank you for coming today. Is there anyone else here to testify whose name has not been called? Please proceed to the witness chair. Anyone else here who would like to testify on Bill Number 240426? Thanks. Yeah, you could take the first chairs along the rail. Okay. Please state your name for the record and proceed with your testimony.

Ms. Huynh

Hello, city councilmembers. It's such a pleasure to come in person and see you all today because in the past, we have been communicated by email and invite you to my community event. My name is Pearl Mingchu Huynh. I'm the founder and president of the Northeast Philadelphia Chinese Association. I'm the one who run the petition to get people signed to support the two health center. Six years ago, I was a staff at the Health Center 10 and I do a Chinese interpretation. When I worked there, I witnessed 6/4/24 - RULES - BILL 240058, ETC. that so many people need appointment to see the doctor, but they not be able to and they have to put on a waiting list for six months. And I left health center and I run my organization, the Chinese Association. And recently, I come back to the health center and served on the advisory committee. And I was surprised that the waiting list goes up to almost a year. So the healthcare is really urgent, there's no doubt about it. And so many testimonials today already say enough about it. And I'm here just want to fill you in with how I get to 900 something people signed a petition. Most of them are the people who live nearby the Friend Hospital. Because I live in the Lawncrest neighborhood. I'm a resident there and my family, we from Southeast Asia. And in that area nearby, there's a pocket of Chinese immigrants and Southeast Asia, including Vietnamese, Laos, and Cambodia. And many are patients of the health center currently. And so when I talk to them about the health center going to be -- could be at the 6/4/24 - RULES - BILL 240058, ETC. Friend Hospital, everyone was so happy about it because it's right in the heart of our community. We live on two sides of the Roosevelt Boulevard. So every day, family members just cross the boulevard and visit each other. And we shop at the northeast tower and the Asian Strip Mall nearby. We like the Friends Hospital location very much because it's right in the heart of our activity. And the transportation is convenient for both driving and walking. To some people, they think the boulevard is a dangerous area. But for most of the community lives there, especially the Asian, that is part of our life. We live there and you know, we cross the boulevard every day. We shop and we do our business, visit family. So it is not a matter for us. So therefore, some people that are concerned about the safety, I'm grateful for their concern. But to the concentration of Asian community and also maybe other immigrant community. This area is as safe as any other area in the city. So please don't worry about it when you make your decision. And I appreciate that you select a 6/4/24 - RULES - BILL 240058, ETC. Friend Hospital because it's such a nice sight. And I heard about all the nice things going to be happening there. Because of the Friend Hospital it going to be there. So I heard the transportation department going to put some money to invest in this. And I believe when the Friend Hospital Friend Hospital become a health center, the area will bring up the economy of the whole area. And it will be more development, bring more good things to our city. And the healthcare really shortest in the northeast. So please treat this health center as a high priority project. Because every day is count when it comes down to people life and well-being. And every day that passed without adequate healthcare, it risks our family, our friend and neighbor. I strongly urge you approving the zoning for this to new health center without undue delay. Because let's move fast. This is one of the best things you can do for our city because our people really need it. And the health center will bring 6/4/24 - RULES - BILL 240058, ETC. happiness to our community. And I appreciate it very much, and I hope you -- let's move fast, please. Thank you.

Councilmember Bass

Thank you for your testimony. Thank you. Thank you. All right. Please state your name for the record and proceed.

Ms. Morrison

Good afternoon.

Councilmember Bass

Good afternoon.

Ms. Morrison

My name is Linda Morrison. Chairwoman Bass and the honorable city councilmembers, thank you for allowing us to speak. I'm here to put on record my objection to Bill Number 240426. To the proposed zoning changes to the area containing the Friends Hospital property. These changes pose a potential threat to the nationally significant friends, to the national -- pardon me. These changes pose a potential threat to the nationally significant property through a proposal to construct a building on the contributing grounds and demolish the historicity contributing resource of lawn side built in 1859 and is one of the earliest 6/4/24 - RULES - BILL 240058, ETC. buildings on the property. I am not objecting to a medical facility being built. I am bringing to light that it took 186 years for the Friends Hospital to attain this designation. And it's the only national historic landmark in northeast Philadelphia. Let's not lose it with a swipe of a pen. Thank you.

Councilmember Bass

Okay. Thank you for your testimony. Please state your name for the record and proceed.

Mr. Heiser

Terry Heiser. I'm vice president of the Northwood Civic Association. My testimony is similar to Ms. Morrison's. We in Northwood and a number of other neighborhoods in northeast Philadelphia, we recognize the need for additional health center capacity. No question about it. But we are strongly opposed to this location at Friends Hospital on three points. Number one, it's an extremely dangerous location. It's on a high volume, high speed, twelve-lane major highway with a big Box shopping center across the street. Police enforcement of traffic rules and regulations is minimal in this 6/4/24 - RULES - BILL 240058, ETC. city. Public transit routes that would stop there are few. There's only one that runs the length of the boulevard and two that cross it. Patients who would ride public transit or walk to and from the health center would have to cross all twelve lanes. And they would be 42 percent of the patients, according to the public health department. Some of those patients would be on a wheelchair, a walker, crutches or a cane. And the city plans to eliminate left turns at the intersection of Langdon Street. Left turns would have to be made a block north or south of that. Additionally, the traffic of the patients and the staff would disturb the tranquil, serene atmosphere. That's essential to psychiatric care at Friends Hospital. The national historic landmark aspect of this has been mentioned. The lawn side building, which is the former gatehouse and superintendent's residence sits close to Roosevelt Boulevard. It would be between the boulevard and the health center as proposed. 6/4/24 - RULES - BILL 240058, ETC. However, it's not in the footprint of the health center. Yet the historical commission has approved demolishing it despite the fact that the architectural committee of the historical commission recommended not approving because it's not necessary in the public interest. But demolishing lawn side would conveniently relieve the hospital of a burden of maintaining what is now a dilapidated structure in lawn side. Furthermore, on that site, which is 99 acres, the grounds of Friends Hospital, there have been native American encampments. Native Americans had fished and hunted there. Artifacts have been found, arrowheads, tools and so on. And if such artifacts were found in the excavation for the health center there, that would necessitate an archaeological survey which might further entail additional preservation and delay the arrival of the health center. We have tried to look at the other 44 - - the 44 sites that were considered. We've requested that from several parties in the city. We have not received them. We would like to see 6/4/24 - RULES - BILL 240058, ETC. them. We have approached some of the elected officials who signed letters of support for this project. There were five of them. Two of them have withdrawn their support. Another one says, who will go with whatever the community wants. We recommend that this health center be combined with a smaller one that's proposed at Frankford and Pratt. That one is for 5,000 patient visits per year, whereas the Friends Hospital health center would be for 31,300. We recommend that the two be combined. 4 miles apart. And at Frankford and Pratt, the traffic is much calmer and public transit is abundantly available at the Frankford Transportation center. If parking were an issue there, there is an abandoned Walgreens just a block north of that Frankford and Pratt site and we would recommend that the city purchase that. So again, we are not disputing the need for additional health center capacity. We're just concerned about the location. It would be dangerous at Friends Hospital, dangerous for the 6/4/24 - RULES - BILL 240058, ETC. patients, and detrimental to operations at the hospital. So that is my testimony. There's just one thing I'd like to add.

Mr. Heiser

We learned about this meeting only three and a half weeks ago and we would -- we request a continuance so that we can consult with our attorney and do research on the background here. And further, we'd like to point out that this hearing is about the zoning change. Yes, the zoning needs to be changed but we don't want that to lead to the health center going to Friends Hospital. The property is presently zoned for residential, single family and it's a hospital. Sure, it should be changed but we don't want that to bring this health center there. Again, we have a solution to the problem, Frankford and Pratt. So that is our testimony. We thank you for the opportunity.

Councilmember Bass

Thank you for coming and thank you for your testimony. Please state your name for the record, sir, and proceed with your testimony.

Mr. Buffington

My name is John 6/4/24 - RULES - BILL 240058, ETC. Buffington. I chair the history committee of the Historical Society of Frankford. Our position is consistent with Northwood Civic. In fact, our colleagues from Northwood Civic just stole most of my best points, not coincidentally, because we have the same essential position. So at Northwood -- Friends Hospital is not in Frankford. Our mission is to promote and protect the history of Frankford and nearby communities. Friends Hospital is not in historic Frankford. It's adjacent. It's immediately adjacent to historic Frankford. We're very proud of Friends Hospital. As has been said, it's the only national historic landmark in northeast Philadelphia. There are like four steps of importance in historic notice, official notice of history. You can be on the City Register of Historic Places. You can be on the National Register of Historic Places. You can be a National Historic Landmark or you can be a National Park. This is number three. This is like close to the top. This is like the Gettysburg Cemetery. 6/4/24 - RULES - BILL 240058, ETC. It's really, really vitally important. Why? Because this was the first place ever, in America at least, to demonstrate that fresh air and not being shackled or locked up was kind of good for people that needed to get over their mental illness. The first place in America. That's why it's a historic national landmark. It shows what the treatment system was in 1836, the innovative treatment as of 1836, which is pretty common now, but it was new when this place became a hospital. And what we have left is the remnant. And it's been changed. It's been changed. Any historic site is going to have been changed over time. What is being proposed here undermines the historic use of the property. It undermines the treatment of the current people there because they're not going to have quite the access to the grounds and whatnot. As a matter of fact, Scattergood -- by the way, Scattergood only owns 20 percent of this property. It's 80 percent owned by a for profit. This is different. This is not being done for 6/4/24 - RULES - BILL 240058, ETC. the public good. The City Council did not get full information on this soon enough to head it off before stupidity started to move it along. That is that location. I'm not saying there shouldn't be a health center. I'm saying the locating of that property, of that health center, of the newest health center at this location is just dumb. It's dumb. It's not in the interest of the health community. It's not in the interest of the people who are being treated there now. It's not in the interest of the people that are going to be coming there. You heard that. A health center delayed is a health center bungled not by our new council person, not by the current health director for the city, but by the previous administration or perhaps more than one. They did not actually do their homework. Thank you.

Councilmember Bass

Okay. Thank you for your testimony. Please state your name for the record and proceed.

Mr. Menkevich

My name is Joseph J. Menkevich, M-E-N-K-E-V-I-C-H. I'm an independent 6/4/24 - RULES - BILL 240058, ETC. researcher. Some people would call me a historian. I call myself a researcher. I was formerly the president of the Northwood Pacific Association, and I had the nerve to tell one politician that he worked for us. We didn't work for him. And, yeah, I got impeached, just like -- yeah, I got impeached. So I know what it feels like. Anyway. I live in a neighborhood. I'm a stakeholder. I own a home in Northwood. I'm not here to talk about health center. I think this is all smoke and mirrors. The bill here says, change the zoning map. Okay? All this other stuff is reason why you're going to change the zoning map. This is a nomination I filed with the historical commission. It's not about a health center. It's about the land. Doesn't mention a building. Doesn't mention any of that. It shows arrowhead to Indians. The Friends Hospital knew about the Indian artifacts found on these grounds since 1977. They downplayed it. They didn't want to - - nobody wants to find Indian artifacts, just 6/4/24 - RULES - BILL 240058, ETC. like they didn't want it down there at the casinos, sugar house. Didn't want to sit there and dig up everything down, up and down Route 95, but they did because they had to. And I'll tell you something else I don't mind telling politicians no. I don't mind. I mean, we told Rick Mariano no, and we ended up in state supreme court. We won. " They were going to turn around and build a crematorium over at Greenwood cemetery. And we said no. 15 We said our barbecued chicken will never smell the same again if you've got a crematorium in our neighborhood. And we said no. 18 We took it to supreme court, and we won. And I would do it again if I had to. But back to this thing about the Indian artifacts, there's pictures here if you want to see them. There's pictures of Indian artifacts getting found on that ground where I'm not really opposed to this bill is. I'm opposed to moving forward until after you actually have a -- yeah, 6/4/24 - RULES - BILL 240058, ETC. I guess you can put it up there. I'm opposed to not having an impact study done because that actually drains -- the EPA should do an impact study because that drains to Tookany Creek watershed. That's just one impact study. You should have an environmental impact study just for the watershed. You should have another impact -- another study done to see if there are -- to move to see either include or exclude American Indian artifacts because it was your heritage, you would care about it. I didn't bring a tribal (indiscernible) here to sit here and testify, but we could have. We could have brought -- they come to Philadelphia to bust the trees anytime you guys want them. Oh, we're going to put a shovel on bringing in great photo opportunity. But that's their heritage. That's their artifacts. There were encampments down there on that ground. I traced every deed from William Penn all the way up to present day. And it's true that Scattergood Foundation doesn't own that. It's kind of convoluted who even owns that 6/4/24 - RULES - BILL 240058, ETC. property right now because it was flipped over three or four times. Friends Hospital owned it. Friends Hospital was a nonprofit. This was in orphans court. This whole deal when Friends Hospital got purchased by a for profit company in Texas, I think it was in 2015, it had to get approved by Orphans Court and it had to get approved by the Security Exchange Commission because this was set up as a trust. The Friends Hospital set this ground up as a trust. So it did get approved by various parties. And the Scattergood Foundation was founded after it was sold to the people in Texas. It's just a name. It's not the same people that always ran it. It's not run by the Friends anymore. It was sold again to a company in Tennessee. The Tennessee company now sold it again to someplace out in Glen. I'm trying to think where it is.

Mr. Menkevich

Just outside the City of Philadelphia. It's actually in that I actually have all the deeds in there. All the deeds and all the purchases. 6/4/24 - RULES - BILL 240058, ETC. The Friends Hospital right now has been broken up into condominiums. They rent the property back to themselves. They formed. There's so many layers. There's so many layers of different companies operating in there. It's not even clear who owns the property right now. And if Scattergood Foundation only owns percent of it, where's the majority owner? 10 Where's the majority owner saying, "Hey, we want 11 a zoning change. We want this. " 12 Where is the majority owner of that property 13 right now in this hearing? Because it's not a 14 Scattergood Foundation. 15 I don't know who the Scattergood 16 Foundation is. It's just the straw purchaser. A 17 phony name. The front. All these people with 18 the healthcare stuff, that's all smoke and 19 mirrors. There's plenty of healthcare in 20 Frankford. They got a place on Frankford Avenue at Cellar Street. It takes up five parcels that go from Frankford Avenue to Griscom Street. It's a health center. It's not about public health center. It's open to the public, and it takes 6/4/24 - RULES - BILL 240058, ETC. people with no health insurance. If you don't have health insurance and you go there, they'll get you health insurance. I'm 74 years old. I raised eight kids, or I had nine. Eight of them are still alive. Three of them graduated college. I worked a blue-collar job at Bud company until Ronald Reagan shut every -- all the unions down. I never had a problem getting health benefits. I mean, it was the time I was even collecting welfare when I was out of work. They put a lien on my house, and they took all their money back when I sold the house. And poverty is not a disease. It's a desert. You make it from one end of the desert to the other end of the desert, and you'll find an oasis. I own a house now. I mean, I'm out of that poverty thing. I'm getting to the end of my life now because I got to start playing on, like, where my stuff is going to go. But I wouldn't mind suing the city again. I wouldn't mind taking you people to court because I kind of think that -- and I don't mind telling people, like, my councilwoman 6/4/24 - RULES - BILL 240058, ETC. stopped playing with her phone all time because you sit here the whole time, this meeting, just playing with. I'll just say another thing. The public meetings they said that we had in our neighborhood weren't public meetings at all. They didn't come to the Civic Association. What they did is they dialed up all their friends from Facebook, and they all showed up at a recreation center. That was a prep rally. That wasn't a public meeting. One other thing is, I don't like Zoom meetings. So they steal your voice. They violate your constitutional rights. So right now, I would really just urge you people to wrap up my testimony, since they talk too damn much, is postpone decision on this until you really find out who owns the place. If they put a health center, it may be as it may, they put a casino down there on the -- they put a casino in, but do the studies that need to be done. Make sure you do the impact studies of the environment. Make sure you do the study to 6/4/24 - RULES - BILL 240058, ETC. see if there are Indian artifacts there. And if you get a health center in there, then you get a health center in there. I mean, you can't control the world.

Councilmember Bass

Thank you for your testimony, sir.

Mr. Menkevich

Thank you.

Councilmember Bass

Thank you.

Mr. Menkevich

I mean, if you give that book, I mean, if you want to keep that book, I want you to --

Councilmember Bass

We'll make sure you get it back.

Mr. Menkevich

Only if it goes to the mayor, because the last thing I gave the mayor. Was it the last guy? He didn't read it.

Councilmember Bass

Thank you. Thank you for your testimony. Is there anyone else here to testify on Bill Number 240426? Anyone else here to testify? I'm sorry? You already testified, ma'am. UNIDENTIFIED FEMALE SPEAKER: (indiscernible).

Councilmember Bass

Actually, no. I'm 6/4/24 - RULES - BILL 240058, ETC. sorry. We still have a number of bills here that we have to hear today, but we thank you for your earlier testimony. Is there anyone else who would like to testify on Bill Number 240426 that has not already spoken? Okay. Seeing none. Madam Clerk, can we have you call forward the panelists for Bill 9 Number 240427? And as they are approaching, I'm going to recognize Councilmember Jeffery Young for comments. Councilmember.

Councilmember Young

Thank you, Madam Chair. And so Bill Number -- what's the number? 240427 involves a change to the zoning code regarding nonperforming uses. Zoning regulates land use and structure placement to protect the health, safety, and welfare of the City of Philadelphia's residents and businesses. For almost 100 years, local government's ability to regulate land use has been constitutionally protected as a natural police power. In the landmark United States Supreme Court decision, Village of Euclid v. Ambler Realty Company in 1926, the court held that as 6/4/24 - RULES - BILL 240058, ETC. long as they are not arbitrary and unreasonable, zoning ordinances are constitutional under the police power of local governments, as long as they have some relation to the public health, safety, morals, or general welfare. So, in effect, you know, changing zoning regulations could be considered a taking of private property. So I fully understand the angst of this bill. However, although governments have brawl powers to take private property for a public purpose, individual property owners must be compensated for the property taken. Accordingly, a zoning restriction that requires a landowner to discontinue a previously legal use of their land or remove from the property a non-conforming building or structure without compensation, that is unconstitutional. However, when zoning power is exercised in a reasonable and proper manner, payment of compensation is not warranted. And so what we're trying to do with this bill is not take away property rights. It's not require that all non- conforming uses be eliminated. 6/4/24 - RULES - BILL 240058, ETC. But what we're trying to do here is to ensure that a community has the benefit of planning for the future. And so non-conforming uses, referred to when local governments change zoning laws and allow existing property some form of exemption, excuse me, from abiding by the new regulations. So the law of Pennsylvania regulating nonconforming uses is well settled. A non- conforming use is a use that predates a prohibitory zoning regulation. It constitutes a vested constitutional property right that may be continued unless the use is a nuisance, abandoned, right? Which is the key to this bill 16 or extinguished by imminent domain. So, again, this bill today seeks to provide clarity on when a non-conforming use is deemed abandoned. And I'm going to read the language of the bill. It's really one sentence long. " So the burden of proving the existence 6/4/24 - RULES - BILL 240058, ETC. of a non-conforming use falls upon the property owner. In order to establish a non-conforming use, a property owner must present objective evidence that the subject property was devoted to such use at the time of the prohibitory zoning regulation was enacted. Property owners with a legal non- conforming use have a constitutionally protected right to expand that use, notwithstanding its status as non-conforming. However, this right is not unlimited. But Pennsylvania courts have concluded that while property owner may increase the intensity of a non-conforming use, a non- conforming use may not be expanded if it would be inconsistent with the public interest. The owner may also be prevented from returning property to a non-conforming use if that property starts to actually conform, to become a conforming use. So with that said, in determining whether a desired use is a change in use or an additional use, or merely just a continuation of an existing non-conforming use, Pennsylvania 6/4/24 - RULES - BILL 240058, ETC. courts have ruled that a new activity may be permitted continuation of a non-conforming use if it is a similar existing use. So you're going to hear testimony from folks that we may have tenants in a property, and if this bill goes into effect and we have a nonconforming use, then our tenants, we may not be able to get new tenants at that property. And I understand that.

Councilmember Young

However, the proposed use need not be identical to the existing non-conforming use. Rather, similarity is all that is required. So for example, the court ruled that -- the Supreme Court ruled that a day camp was similar to an amusement park. Right? So that's how liberal the non-conforming use law is construed here in Pennsylvania. So this fear of losing a legal non- conforming use, in my opinion, is misguided. When is a non-conforming use abandoned by the property owner? A use is entitled to legal recognition and protection as a non-conforming use. It does not lose such status unless it is abandoned. And that's what we're talking about 6/4/24 - RULES - BILL 240058, ETC. in this legislation. What is abandoned? The courts ruled that non-conforming use continues until abandonment, which requires, one, an intent to abandon, and two, actual abandonment. So to me, if you establish a new use, then it's clear that you have intent to abandon, an actual abandonment. And so that's what this bill tends to do. Right? But there are protections regarding intent. So if you are you abandoned because of financial inability, you're protected, your nonconformity is protected, or if you fail to register or get a permit for your non-conforming use, that's not considered to be abandonment at all. So this bill does not eliminate non- conforming uses. I'm going to read the bill 19 again. A non-conforming use shall be deemed abandoned whenever such use is discontinued and a new use is established, with or without the grant of a zoning permit, and shall not be reinstated. All right? Just to give an example, for example, we have a former nursing home at 2100 Gerard 6/4/24 - RULES - BILL 240058, ETC. Avenue in Philadelphia. That nursing home closed in 2022. And after 2022, that nursing home was used as a homeless shelter. Now, a homeless shelter and a nursing home are two totally separate uses. So again, I feel that in that event where you abandon your nursing home use and you use it as a shelter use, then under this legislation, you will be prohibited from then trying to come back and say, "You know what? " Once you change that use from its original use, you are not able to go back to then say, "You know, we change our mind. " So that is all this bill is trying to do is to protect communities and prevent nuisances from happening. So thank you, Madam Chair.

Councilmember Bass

We thank you for the explanation. We just don't want to lose our quorum. But thank you very much for a very thorough explanation. You know your stuff. So 6/4/24 - RULES - BILL 240058, ETC. we appreciate that. Even Paula gave you a thumbs up. Right? So can we get you to state your name for the record and please proceed with your testimony, Paula?

Ms. Burns

I am Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission. I am here to testify on Bill Number 240427, introduced into City Council on May 9th, 2024, by Councilmember Young. Bill Number 240427 amends the Philadelphia Zoning Code by amending section 14- 305 of the Philadelphia Code entitled nonconformities, by providing further provisions on changes from nonconforming uses. The bill proposes an additional standard for how non-conforming use standards are applied and when permits should be discontinued, which will allow -- I'm sorry -- which will be a major citywide change in how nonconformities are treated. The new criteria for determining when a nonconforming use is abandoned will potentially move legally nonconforming uses out of compliance, specifically in buildings with many 6/4/24 - RULES - BILL 240058, ETC. tenant spaces. The staff of the planning commission will be recommending an additional 45-day review to the Planning commission at their upcoming meeting. In reviewing the bill within the administration, several significant questions were raised. We would like to step back and take a more holistic review of our current nonconforming section and determine if a full revision to the entire section of the code, and not just one small section is warranted. The Philadelphia City Planning Commission will consider Bill Number 240427 at its public meeting on June 6th, 2024. I will be happy to answer any questions at this time.

Councilmember Bass

Thank you very much for your testimony. Any questions from the panel? Any questions? Councilman Young.

Councilmember Young

Does the planning commission have -- I'm sorry -- does the planning commission have a recommendation on the bill?

Ms. Burns

At this point, we have not. When we met with the law department and license 6/4/24 - RULES - BILL 240058, ETC. and inspections to see how the bill would be interpreted, how L&I would be reading the bill, there were just several questions. So we did not have enough time to kind of work around trying to figure out the best solutions.

Councilmember Young

Thank you.

Ms. Burns

So we don't actually have one. We're just recommending the 45 days for additional review time.

Councilmember Young

Thank you, Madam Chair.

Councilmember Bass

Okay. Thank you very much for your testimony. Can we have the Madam Clerk please call our next witness to testify?

The Clerk

Rachel Pritzker, Building Industry Association board member.

Councilmember Bass

Thank you. Please state your name for the record and proceed.

Ms. Pritzker

Good afternoon. My name is Rachel Pritzker. I am here as the owner and CEO of Pritzker Law Group, which is the city's only certified women owned law firm, focused in the areas of real estate, business and government 6/4/24 - RULES - BILL 240058, ETC. relations. I'm also the youngest female board member of the Building Industry Association which is who I'm here today representing. I'm providing testimony on Bill Number 240427, amending the zoning code related to non- conforming uses. I want to first say that I never look forward to testifying in opposition of legislation. I consider myself a colleague to many on city council and city Councilmembers and staffers, given my former job for this legislative body as a city council staffer, specifically as legislative counsel. With that said, the bill as currently written is ambiguous and can have dangerous consequences that goes against our city's goal of keeping wealth in neighborhoods, transparency, and providing affordable housing. I want to start by making it clear that a legal, non-conforming use or a property that is grandfathered in means that at some point prior to a remapping legislative change code amendment or code rewriting, as was undertaken in 2011, 2012, the property obtained a valid use permit 6/4/24 - RULES - BILL 240058, ETC. and certificate of occupancy. We are not talking about illegal uses at all. This legislation in its current form seeks to remove the process and protections in place for existing nonconforming uses and instead provides a very unclear process for how existing nonconforming uses that might be legal but maybe not appreciated in this instance, can get wiped out under a property owner. While we are aware of the sponsors intent for this bill, there are arguably, on the low end, tens of thousands, if not hundreds of thousands of properties in the City of Philadelphia that have and had obtained legal use permits and cos to use and operate their property in a certain way. For example, I worked on a project recently located in the 32nd democratic ward and one in Tioga, which were owned by the grandchildren of a long-term Philadelphia resident and property owner. The grandmother, in one instance, had owned the triplex for 40 years until she passed it to her granddaughter. Since owning the property for 40 years, 6/4/24 - RULES - BILL 240058, ETC. the property had never not been a legal triplex and had provided retirement income for this family and generational wealth owning the real estate outright. The property had since been remapped from a zoning classification in the 1960s that had allowed for a triplex by right to RSA5. However, given the city's rules for non-conforming uses before this recent amendment, we were able to help this family get an updated rental license and keep the use as a triplex when it changed hands to the granddaughter. Given the current process, well known to L&I and the city, we were able to show proof that it was illegal nonconforming use and this family was able to retain their property hopefully for generations to come. I could give you hundreds of these examples. Had this legislation been in effect, or the city process arbitrarily and ambiguously changed, this family might have had to go through the variance process, which can cost $3,000 to $5,000 in city required fees and posting requirements alone, not even considering legal 6/4/24 - RULES - BILL 240058, ETC. fees. And in most cases, they would have either had no choice but to operate it illegally or sold the property, as they would not have been able to fight the battle with L&I or weather the ZBA process. This conversation happens all the time. This is also the case for small business owners across the city who have maintained the same existing nonconforming uses for decades. Without clear and thoughtful amendments to this bill, this is what is at risk all over the city.

Ms. Pritzker

This also does not help keep affordable units in neighborhoods, as the family's other option would have been if they could have afforded to demolish the entire interior of the building and made it one single family home under the RSA5 zoning, or sell it to someone to do the same thing, the cost of which would have far exceeded what would be reasonable and marketable in any neighborhood outside of Center City, Society Hill, Washington Square, northern liberties, or the like. 6/4/24 - RULES - BILL 240058, ETC. And the family would have lost generational wealth, and the neighborhood would have lost affordable units. What we are doing with this bill is creating a citywide problem that does not solve the one issue it was based on. And in fact, could create even more loss. It is those in our city who cannot afford lawyers like myself that we hurt. And it is against my own bottom line to stand in opposition to this bill, but it is the right thing to do. I want to end by saying we look forward to working with the bill sponsor on various issues that he is championing and that we can see shared common ground on. Thank you for your time, and I'm available for any questions, Chairwoman and members of the Rules Committee.

Councilmember Bass

Thank you very much. Thank you very much for your testimony. Any questions from the committee? I don't see any questions.

Councilmember Young

One question.

Councilmember Bass

Councilman Young.

Councilmember Young

Yeah. Good 6/4/24 - RULES - BILL 240058, ETC. afternoon, Rachel. In your testimony, you mentioned that you had clients that had a triplex, and you have them through that process now. Did they ever use that property as something other than a triplex?

Ms. Pritzker

So they didn't use it as something other than a triplex. However, there were periods of time that it wasn't operating with tenants in it and things. And given abandonment, which, as you know from the courts has longstanding, it doesn't have to be just vacant. They could be trying to fill it. There's a lot of nuances to it, and we had to spend hours working through this with L&I. Hours.

Councilmember Young

And I get it. And I get that point regarding abandonment. But this bill says and establish -- a new use is established. That's the only difference here. So if they never established a new use, then they would not fall under this bill. Right? It only fall -- is it considered if they, for example, were to say, try to use it as 6/4/24 - RULES - BILL 240058, ETC. a store or something like that. As long as you maintain your same grandfather use under this bill, you're fine. It's just that when you establish a new use, even if it's a conforming or another non- conforming use, you then lose the ability to say you want to go back to that previous use once you establish a new use. That's all this bill does. And that's how it clarifies that.

Ms. Pritzker

When you have it say things like with the zoning permit or not with the zoning permit, it's a lot of gray area. And what you want to have people do who are not really well versed in this is make sure it's really clear not only for the people that are operating in the city, the people who are buying real estate in the city, the people that own real estate in the city, and then the people that have to enforce all this, like the Department of licenses and inspections.

Councilmember Young

I think that our L&I have the technical capability of enforcing this. And I do think that when it comes to the issue, with or without the grant of a zoning 6/4/24 - RULES - BILL 240058, ETC. permit, that goes to show that intent as well. Right? So if you're using a property and you don't have a zoning permit for it, you're not using it in a legal manner anyway. And so I think what this bill does is just try to clarify and to bring those properties on record to be a legal, whether they're illegal, non-conforming use or legally permitted use.

Ms. Pritzker

I'm going to, as respect for the board, or the committee wanting a quorum, I will leave my rebuttal to where it is. I think the reality here is that this bill could be cleaned up a lot cleaner, just a lot more transparent and easier for everybody to follow. And the reason that the BIA is opposing the bill is because we want to make sure that other councilmembers are aware, when we make big, broad changes in the zoning code that affect a lot of different properties and a lot of different people, that we're really thoughtful how we do it and it's really clear and concise. And that's all we're asking for. We appreciate the intent in the bill. 6/4/24 - RULES - BILL 240058, ETC. I've offered, off the record, a thousand times to help work on the bill. I just want to make sure that when we're dealing with clients and people in our industry who are not always well versed, don't always have lawyers, don't always have architects, and they have been in neighborhoods for many years, and they don't understand the nuances that it's clear to all of them. So they don't wake up one day, and then they have to figure out, how am I paying a lawyer? How am I doing this, how I'm doing that? And that's really what I'm here to support, because although I have this big, fancy title, I started my career representing neighborhood people because nobody was hiring me for bid projects and centers city. And so I've seen a lot of the issues that come from this, and I have done probably more zoning board cases than most people in the city. So I could tell you firsthand that we want to be really careful before we push people through what is a very expensive and time- consuming process. And that's all we're looking to achieve 6/4/24 - RULES - BILL 240058, ETC. here and we're happy to work collectively on that.

Councilmember Young

And just some point of information, if a person was to disagree with this particular provision, they wouldn't have to go to the zoning board to seek a variance. Right? If they disagree, you would appeal to L&I and basically say that L&I made the wrong decision by saying my property does not fall under this grandfathered provision. If it's not a similar. Again, it's only for new uses. So if I have a use and L&I is saying, well, nope, it doesn't fall under there. And your argument is that, yes, it does, it's still a similar use, then you make an appeal against L&I. You don't seek a variance. That's a much different process.

Councilmember Bass

So I think that this is something that, in this particular case, I think that Councilman Young is probably more than willing that if we see, when we legislate something, that if we see that it is -- that your concerns do come to the forefront in a 6/4/24 - RULES - BILL 240058, ETC. significant way, then that's something that we can certainly revisit. I believe so. Councilman Young, would you say that you would be certainly open to making amendments, adjustments after passage to this bill so that we can make sure that it's not an undue burden on the taxpayer of the property owners?

Councilmember Young

Madam Chair, one more comment, if I may. Just given the fact that the planning commission is asking for 45 days. I mean, this bill won't pass before the end of the session in reality anyway. So we still have the summer to work on things. I just would like to make sure that if I ask this committee to humbly pass this with favorable recommendations so we can move forward with the process.

Councilmember Bass

So there is time? So there is a period over the summer months where we can get together. I'd be happy to convene a meeting so that we can walk through what your concerns are and try to figure out something. So let's keep that on the table over the summer months. We work all summer long. 6/4/24 - RULES - BILL 240058, ETC. People say city council doesn't work. We work all summer long. So we'll be here and would love to work with you on this to get it done. Okay. All right. Thank you so much. Is there anyone else here to testify on Bill Number 240427 anyone else? No. Seeing no 8 one. Madam Clerk, please call the next witness on Bill Number 240466.

The Clerk

Paula Brumbelow Burns, Director of Legislation, Philadelphia City Planning Commission.

Councilmember Bass

Please state your name for the record and proceed.

Ms. Burns

Good afternoon to the members of the Rules Committee. I am Paula Brumbelow Burns, director of the legislation for the Philadelphia City Planning Commission. I am here to testify on Bill Number 240466, introduced into City Council on May 16th, 2024 by Councilmember Bass for Council President Johnson. Bill Number 240466 amends the Philadelphia Zoning Code by amending section 14- 30314 of the Philadelphia Code, entitled Public Hearings of the Zoning Board of Adjustment. To 6/4/24 - RULES - BILL 240058, ETC. change the number of board members required for a quorum or an action taken at the zoning board of Adjustment hearing. This bill addresses the question of what constitutes a quorum in light of the recent charter change that increased the zoning board of adjustment to seven members. The bill as introduced increases the static number of members necessary for making a quorum and taking action from three to four members. The amendment before you today will revise the quorum requirement from the static number of members to a majority of the members of the zoning board constituting a quorum. The staff of the planning commission supports the amendment to adjust the language to a majority of members. I will be happy to answer any questions at this time.

Councilmember Bass

Thank you for your testimony. Any questions from committee? I don't see any. Thank you very much for your testimony.

Ms. Burns

Thank you.

Councilmember Bass

Is there anyone 6/4/24 - RULES - BILL 240058, ETC. else here to testify on Bill Number 240466? UNIDENTIFIED MALE SPEAKER: No. 4

Councilmember Bass

Okay. Seeing none. It's been a marathon. Seeing none and being that there are no further witnesses, let's see where are we. This concludes the public hearing. Is there anyone here for public comment? UNIDENTIFIED MALE SPEAKER: No. 11

Councilmember Bass

Okay. I didn't think so either. Okay. All right. So seeing none. This concludes the public hearing. We'll now go into a public meeting shortly to consider the action to be taken on the bills for the committee today. We want to thank you for your patience and now go into our public meeting. The chair recognizes Councilman Squilla for a motion on Bill Number 240426.

Councilmember Squilla

The quorum is present. And thank you, Madam Chair. I move the Bill Number 240426 be reported from this committee with a favorable recommendation and further move the rules of council submit the first reading of this bill at the next session to 6/4/24 - RULES - BILL 240058, ETC. council. (Duly seconded.)

Councilmember Bass

Thank you. The chair notes for the record that Councilmember Gauthier seconds the motion. It's been moved and properly seconded that Bill Number 240426 be reported from this committee with a favorable recommendation and further move that the rules of council be suspended to permit the first reading of this bill at the next session of council. All of those in favor of this motion will signify by saying aye. (Aye.)

Councilmember Bass

Any opposed? (No response.)

Councilmember Bass

Ayes have it. And the motion carries.

Councilmember Richardson

I'd like to be recorded as voting aye on the bill that I just missed. Thank you.

Councilmember Bass

Yes. And chair recognizes for the record that Councilwoman Kathy Gilmore Richardson voted aye on Bill Number 240426 as well. Chair recognizes councilmember 6/4/24 - RULES - BILL 240058, ETC. Squilla for a motion to the amendment on Bill 3 Number 240058.

Councilmember Squilla

Thank you, Madam Chair. I offer an amendment to Bill Number 240058. A copy of the amendment has been circulated to all members of the committee. I move that the amendment to Bill Number 240058 be approved. (Duly seconded.)

Councilmember Bass

It's been moved and properly seconded that the amendment to Bill 13 Number 240058 be approved. All of those in favor of this motion will signify by saying aye. (Aye.)

Councilmember Bass

Does anyone oppose? (No response.)

Councilmember Bass

Okay. The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on Bill Number 240058 as amended.

Councilmember Squilla

Thank you, Madam Chair. I move the Bill Number 240058 as amended to be reported from this committee with a 6/4/24 - RULES - BILL 240058, ETC. favorable recommendation and further move that the rule of council be suspended. I submit the first reading of this bill to next session to council. (Duly seconded.)

Councilmember Bass

The chair notes for the record that Councilmember Kathy Gilmore Richardson seconds the motion. It's been moved and properly seconded that Bill Number 240058 as amended be reported from this committee with a favorable recommendation and further move that the rules of council be suspended to permit the first reading of this bill at the next session of council. All of those in favor of the motion will signify by saying aye. (Aye.)

Councilmember Bass

Is anyone opposed? (No response.)

Councilmember Bass

The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on the amendment to Bill Number 240157.

Councilmember Squilla

Thank you, 6/4/24 - RULES - BILL 240058, ETC. Madam Chair. I offer an amendment to Bill Number 240157. A copy of the amendment has been circulated to all members of the committee. I move that the amendment to Bill Number 240157 be approved. (Duly seconded.)

Councilmember Bass

It's been moved and properly seconded that the amendment to Bill 10 Number 240157 be approved. All of those in favor of the motion signify by saying aye. (Aye.)

Councilmember Bass

Anyone opposed? (No response.)

Councilmember Bass

The ayes have it. And the motion carries. And the chair recognizes Councilman Squilla for a motion on Bill Number 240157 as amended.

Councilmember Squilla

Thank you, Madam Chair. I move the Bill Number 240157 as amended be reported from this committee with a favorable recommendation and further move that the rules of council be suspended and submit the first reading of this bill at the next session of council. 6/4/24 - RULES - BILL 240058, ETC. (Duly seconded.)

Councilmember Bass

The chair notes for the record that Councilmember Kathy Gilmore Richardson seconds the motion. And it's been moved and properly seconded that Bill Number 240157 as amended be reported from this committee with a favorable recommendation and further move that the rules of council be suspended to permit the first reading of this bill at the next session of council. All of those in favor of this motion will signify by saying aye. (Aye.)

Councilmember Bass

Anyone opposed? (No response.)

Councilmember Bass

Okay. The ayes have it. And the motion carries. Chair recognizes councilmember Squilla for a motion on Bill Number 240242.

Councilmember Squilla

Thank you, Madam Chair. I move the Bill Number 240242 be reported from this committee with a favorable recommendation and further move the rules of council be suspended and submit the first reading 6/4/24 - RULES - BILL 240058, ETC. of this bill the next session accounts. (Duly seconded.)

Councilmember Bass

(indiscernible).

Councilmember Squilla

Thank you, Madam Chair. To correct the motion, I move the Bill Number 240242 be reported from this committee with the favorable recommendation. (Duly seconded.)

Councilmember Bass

The chair notes for the record that Councilmember Kathy Gilmore Richardson seconds the motion. It's been moved and properly seconded that Bill Number 240242 be reported from this committee with a favorable recommendation. All those in favor of the motion will signify by saying aye. (Aye.)

Councilmember Bass

Anyone opposed? (No response.)

Councilmember Bass

Okay. The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on the amendment to Bill Number 240332.

Councilmember Squilla

Thank you, Madam Chair. I offer an amendment to Bill Number 6/4/24 - RULES - BILL 240058, ETC. 240332. A copy of an amendment has been circulated to all members of the committee, and I move that the amendment of the Bill Number 240332 be approved. (Duly seconded.)

Councilmember Bass

It's been moved and properly seconded that an amendment to Bill 9 Number 240332 be approved. All those in favor of the motion will signify by saying aye. (Aye.)

Councilmember Bass

Anyone opposed? (No response.)

Councilmember Bass

The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on Bill Number 240332 as amended.

Councilmember Squilla

Thank you, Madam Chair. I move the Bill Number 240332 as amended be reported from this committee with a favorable recommendation and further move that the rules of council be suspended. I submit the first reading of this bill the next session to council. (Duly seconded.) 6/4/24 - RULES - BILL 240058, ETC.

Councilmember Bass

The chair notes for the record that councilmember Kathy Gilmore Richardson seconds the motion. It's been moved and properly seconded that Bill Number 240332 as amended be reported from this committee with a favorable recommendation and further move that the rules of council be suspended to permit the first reading of this bill at the next session of council. All of those in favor of the motion will signify by saying aye. (Aye.)

Councilmember Bass

Any opposed? (No response.)

Councilmember Bass

The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on Bill Number 240368.

Councilmember Squilla

Thank you, Madam Chair. I move the Bill Number 240368 be reported from this committee with a favorable recommendation and further move that the rules of council be suspended. I submit the first reading of this bill at the next session of counsel. 6/4/24 - RULES - BILL 240058, ETC. (Duly seconded.)

Councilmember Bass

The chair notes for the record that Councilmember Kathy Gilmore Richardson seconds the motion. (Coughs) I've been talking for 3 hours straight, so.

Councilmember Richardson

Yeah. That's okay.

Councilmember Bass

Thank you. It's been moved and properly seconded that Bill Number 240368 be reported from this committee with a favorable recommendation and further move that the rules of council be suspended to permit the first reading of this bill at the next session of council. All of those in favor of the motion signify by saying aye. (Aye.)

Councilmember Bass

Anyone opposed? (No response.)

Councilmember Bass

The ayes have it. And the motion carries. The chair recognizes Councilmember Squilla for motion on Bill Number 240385.

Councilmember Squilla

Thank you, 6/4/24 - RULES - BILL 240058, ETC. Madam Chair. I move the Bill Number 240385 be reported from this committee with a favorable recommendation and further move that the rules of council be suspended and submit the first reading of this bill at the next session of council. (Duly seconded.)

Councilmember Bass

The chair notes for the record that Councilmember Gilmore Richardson seconds the motion. It's been moved and properly seconded that Bill Number 240385 be reported from this committee with a favorable recommendation and further move that the rules of council be suspended to permit the first reading of this bill at the next session of council. All those in favor say aye. (Aye.)

Councilmember Bass

Any opposed? (No response.)

Councilmember Bass

The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on the amendment to Bill Number 240415.

Councilmember Squilla

Thank you, Madam Chair. I offer an amendment to Bill Number 6/4/24 - RULES - BILL 240058, ETC. 240415. A copy of the amendment has been circulated to all members of the committee. And I move that the amendment to Bill Number 240415 be approved. (Duly seconded.)

Councilmember Bass

It's been moved and properly seconded that the amendment to Bill 9 Number 240415 be approved. All those in favor of the motion signify by saying aye. (Aye.)

Councilmember Bass

Anyone opposed? (No response.)

Councilmember Bass

The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on Bill Number 240415 as amended.

Councilmember Squilla

Thank you, Madam Chair. I move the Bill Number 240415 as amended be reported from this committee with a favorable recommendation and further move that the rules of council be suspended and submit the first reading of this bill at the next session of council. (Duly seconded.) 6/4/24 - RULES - BILL 240058, ETC.

Councilmember Bass

The chair notes for the record that Councilmember Gilmore Richardson seconds the motion. It's been moved and properly seconded that Bill Number 240415 as amended be reported from this committee with a favorable recommendation and further move that the rules of council be suspended to permit the first reading of this bill at the next session of council. All of those in favor of this motion will signify by saying aye. (Aye.)

Councilmember Bass

Anyone opposed? (No response.)

Councilmember Bass

The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on the amendment to Bill Number 240421.

Councilmember Squilla

Thank you, Madam Chair. I offer an amendment to Bill Number 240421. A copy of the amendment has been circulated to all members of the committee, and I move that the amendment to Bill Number 240421 be approved. 6/4/24 - RULES - BILL 240058, ETC. (Duly seconded.)

Councilmember Bass

It has been moved and properly seconded that the amendment to Bill 5 Number 240421 be approved. All those in favor of the motion will signify by saying aye. (Aye.)

Councilmember Bass

Anyone opposed? (No response.)

Councilmember Bass

The ayes have it. And the motion carries. And I want to recognize Councilmember Squilla for a motion on Bill Number 240421 as amended.

Councilmember Squilla

Thank you, Madam Chair. I move the Bill Number 240421, as amended, from this committee with a favorable recommendation and further move that the rules of council be suspended and submit the first reading of this bill at the next session to council. (Duly seconded.)

Councilmember Bass

The chair notes for the record that Councilmember Kathy Gilmore Richardson seconds the motion. It's been moved and properly seconded that Bill Number 240421 as amended be reported from the committee with a 6/4/24 - RULES - BILL 240058, ETC. favorable recommendation and further move that the rules of council be suspended to permit the first reading of this bill at the next session of council. All those in favor of the motion will signify by saying aye. (Aye.)

Councilmember Bass

Anyone opposed? (No response.)

Councilmember Bass

The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on Bill Number 240427.

Councilmember Squilla

Thank you, Madam chair. I move the Bill Number 240427 be reported from this committee with a favorable recommendation and further move that the rules of council be suspended and submit the first reading of this bill to the next session of council. (Duly seconded.)

Councilmember Bass

The chair notes for the record that councilmember Kathy Gilmore Richardson seconds the motion. It's been moved and properly seconded that Bill Number 240427 be reported from this committee with a favorable 6/4/24 - RULES - BILL 240058, ETC. recommendation and further move that the rules of council be suspended to permit the first reading of this bill at the next session of council. All those in favor of this motion will signify by saying aye. (Aye.)

Councilmember Bass

Anyone opposed? (No response.)

Councilmember Bass

The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on -- actually, we're going to be holding Bill Number 240432. So there will be no motion on Bill 15 Number 240432. Chair recognizes Councilmember Squilla for a motion on the amendment to Bill Number 240466.

Councilmember Squilla

Thank you, Madam Chair. I offer an amendment to Bill Number 240466. A copy of the amendment has been circulated to all members of the committee. I move that the amendment to Bill Number 240466 be approved. (Duly seconded.) 6/4/24 - RULES - BILL 240058, ETC.

Councilmember Bass

It's been moved and properly seconded that the amendment to Bill 4 Number 240466 be approved. All those in favor of the motion will signify by saying aye. (Aye.)

Councilmember Bass

Anyone opposed? (No response.)

Councilmember Bass

The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on Bill Number 240466 as amended.

Councilmember Squilla

Thank you, Madam Chair. I move the Bill Number 240466 as amended be reported from this committee with a fable recommendation and further move that the rules of council be suspended. I submit the first reading of this bill to the next session to council. (Duly seconded.)

Councilmember Bass

The chair notes for the record that Councilmember Kathy Gilmore seconds the motion. It's been moved and properly seconded that Bill Number 240466 as amended be reported from this committee with a favorable 6/4/24 - RULES - BILL 240058, ETC. recommendation and further move that the rules of council be suspended to permit the first reading of this bill at the next session of counsel. All of those in favor of this motion will signify by saying aye. (Aye.)

Councilmember Bass

Is there anyone opposed? (No response.)

Councilmember Bass

The ayes have it and the motion carries. And if there is no 13 additional remarks, this concludes the business of the Committee on Rules for today. Thank you all very much for your attendance. (The Committee was adjourned.) 6/4/24 - RULES - BILL 240058, ETC. CERTIFICATE OF TRANSCRIPTIONIST I, JOSEPH MWANGI, Legal Transcriptionist, do hereby certify: That the foregoing is a complete and true transcription of the original digital audio recording of the proceedings captured in the foregoing matter. IN WITNESS THEREOF, I have hereunto set my hand this 25th day of June, 2024. ______________________________________ Joseph Mwangi