You really do. And I don't have the answers today. But we will -- I will read -- I'm sorry, the councilmember may know.
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.
Yeah. Can you 6/4/24 - RULES - BILL 240058, ETC. provide those details to the chair? And I mean, well, I support it.
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?
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.
Okay. Good morning. Is it still morning? Almost afternoon. Please state your name for the record and proceed.
Dr. Palak Raval- Nelson, deputy health commissioner for the health department. 6/4/24 - RULES - BILL 240058, ETC.
And Sarah Enos. I'm the chief of staff for the Department of Public Health.
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.
project, and thank you to the committee for allowing us to testify. We're happy to answer any questions.
I don't have any formal testimony, Councilmember. I'm just here to support and answer any questions.
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?
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.
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?
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.
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.
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?
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.
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.
Thank you. Please state your name for the record and begin with your testimony.
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.
Thank you very much for your testimony. Please state your name for the record and proceed.
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.
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.
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?
And my name is Julio. I'm going to translate after her. 6/4/24 - RULES - BILL 240058, ETC.
(Speaks in Spanish.) (In English) My name is Maria Serna. Thank you very much. Thank you, Julio Rodriguez.
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.
Thank you. Thank you very much. Please state your name and begin.
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.
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.
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 --
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.
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.
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.
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.
Thank you for your testimony. Thank you. Thank you. All right. Please state your name for the record and proceed.
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.
Okay. Thank you for your testimony. Please state your name for the record and proceed.
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.
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.
Thank you for coming and thank you for your testimony. Please state your name for the record, sir, and proceed with your testimony.
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.
Okay. Thank you for your testimony. Please state your name for the record and proceed.
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.
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.
I mean, if you give that book, I mean, if you want to keep that book, I want you to --
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.
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).
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.
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.
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.
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?
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.
Thank you very much for your testimony. Any questions from the panel? Any questions? Councilman Young.
Does the planning commission have -- I'm sorry -- does the planning commission have a recommendation on the bill?
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.
So we don't actually have one. We're just recommending the 45 days for additional review time.
Okay. Thank you very much for your testimony. Can we have the Madam Clerk please call our next witness to testify?
Thank you. Please state your name for the record and proceed.
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.
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.
Thank you very much. Thank you very much for your testimony. Any questions from the committee? I don't see any questions.
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?
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.
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.
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.
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.
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.
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.
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?
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.
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.
Paula Brumbelow Burns, Director of Legislation, Philadelphia City Planning Commission.
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.
Thank you for your testimony. Any questions from committee? I don't see any. Thank you very much for your testimony.
Is there anyone 6/4/24 - RULES - BILL 240058, ETC. else here to testify on Bill Number 240466? UNIDENTIFIED MALE SPEAKER: No. 4
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
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.
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.)
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.)
I'd like to be recorded as voting aye on the bill that I just missed. Thank you.
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.
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.)
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.)
Okay. The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on Bill Number 240058 as amended.
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.)
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.)
The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on the amendment to Bill Number 240157.
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.)
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.)
The ayes have it. And the motion carries. And the chair recognizes Councilman Squilla for a motion on Bill Number 240157 as amended.
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.)
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.)
Okay. The ayes have it. And the motion carries. Chair recognizes councilmember Squilla for a motion on Bill Number 240242.
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.)
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.)
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.)
Okay. The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on the amendment to Bill Number 240332.
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.)
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.)
The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on Bill Number 240332 as amended.
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.
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.)
The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on Bill Number 240368.
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.)
The chair notes for the record that Councilmember Kathy Gilmore Richardson seconds the motion. (Coughs) I've been talking for 3 hours straight, so.
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.)
The ayes have it. And the motion carries. The chair recognizes Councilmember Squilla for motion on Bill Number 240385.
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.)
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.)
The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on the amendment to Bill Number 240415.
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.)
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.)
The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on Bill Number 240415 as amended.
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.
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.)
The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on the amendment to Bill Number 240421.
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.)
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.)
The ayes have it. And the motion carries. And I want to recognize Councilmember Squilla for a motion on Bill Number 240421 as amended.
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.)
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.)
The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on Bill Number 240427.
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.)
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.)
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.
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.
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.)
The ayes have it. And the motion carries. Chair recognizes Councilmember Squilla for a motion on Bill Number 240466 as amended.
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.)
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.)
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