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Minutes

Committee Hearing, December 7, 2011

Philadelphia City Council Committee HearingsDec 7, 2011

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COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON RULES3 Room 400, City Hall6 Philadelphia, Pennsylvania Wednesday, December 7, 20117 9:25 a.m. PRESENT: COUNCILMAN JAMES KENNEY, CHAIR10 COUNCIL PRESIDENT ANNA C. VERNA COUNCILMAN FRANK DiCICCO11 COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM K. GREENLEE12 BILL 110847 - An ordinance to amend the14 Institutional Development District Master Plan of the Aria Health System - Torresdale Campus15 (formerly Frankford Hospital), located at 10800 Knights Road, by allowing for the16 construction of a building addition to be used for emergency and outpatient services.17 - - -19 2

Councilman Kenney

Good2 morning, ladies and gentlemen. This is a3 recessed hearing of the Rules Committee.4 We have a quorum present in the5 presence of Council President Verna,6 Councilman Greenlee, Councilman Goode and7 Councilman DiCicco and Councilman Kenney.8 We are here to continue9 testimony on Bill No. 110847, an10 ordinance to amend the Institutional11 Development District Master Plan of the12 Aria Health System - Torresdale Campus13 (formerly Frankford Hospital), located at14 10800 Knights Road, by allowing for the15 construction of a building addition to be16 used for emergency and outpatient17 services.18 Could the folks from Aria come19 up to present the EOP plan.20 (Witnesses approached witness21 table.)22

Councilman Kenney

Please23 identify yourself for the record.24

Mr. Tantala

Honorable members25 12/7/11 - RULES - BILL 1108471 of the Committee, good morning. My name2 is Michael Tantala and I'm an engineer3 working with Aria Health in support of4 their proposed IDD Master Plan Amendment.5 First, thank you for the6 opportunity for continuing this session.7 I have again with me today Ms. Christine8 Winn, Executive Director for Aria Health;9 Ms. Erin Kelly, Project Architect with10 Francis Cauffman Architects; Mr. Mark11 Leemaster, Project Manager for this12 expansion project; and Mr. Herb Young,13 Regional Director for Community Affairs14 for Turner Construction.15 Ms. Winn will speak in support16 of our EOP, which we had completed last17 night.18

Councilman Kenney

Please pull19 the microphone close to you and identify20 yourself.21

Ms. Winn

Christine Winn,22 Executive Director of Aria Torresdale.23 We had the two submissions, our24 EOP plan as well as a letter that25 12/7/11 - RULES - BILL 1108471 Councilman O'Neill has requested that we2 put as part of our testimony today.3 We apologize to the Council for4 a lack of preparation and completion of5 the EOP template and that we did not come6 back adequately completed on the second7 attempt. We do appreciate your8 generosity in giving us this additional9 time to complete the template in a10 comprehensive and thoughtful fashion.11 Although this is our first12 experience with the form and it wasn't a13 good demonstration of our adherence to14 the Council's ordinances, we would like15 to offer that my organization, Aria16 Health, has a long and significant17 commitment to diversity and embracing the18 community's business. In fact, diversity19 is one of our organizational values which20 guides our decision-making and our21 organizational philosophies, which is why22 we actually chose Turner as part of this23 large construction investment. They24 share our commitment to diversity,25 12/7/11 - RULES - BILL 1108471 community outreach and opportunities for2 certified minority, women, disabled and3 disadvantaged enterprises.4 One thing to clarify is Aria5 Health, although the project owner, our6 single contract decision is to assign a7 general contractor, and that is why our8 decision to engage Turner is vital to9 ensure success in the use of minority and10 women-owned businesses. Turner is then11 in turn empowered to award various12 subcontractors.13 Again, I appreciate the14 Council's indulgence to provide us a15 third opportunity to complete an16 appropriate EOP for our project, Bill17 110847. And as a matter of course,18 Councilman O'Neill did ask that I submit19 a clarification to the letter dated20 11/4/11. We submitted that to the21 Planning Commission initially, and the22 further clarification that you have this23 morning addresses both the final closure24 and removal of our existing Red Lion Road25 12/7/11 - RULES - BILL 1108471 entrance. The removal of this entrance2 will be completed no later than 60 days3 prior to the completion of the project,4 which is currently anticipated to be the5 summer of 2014.6 Thank you, and I now7 respectfully request approval for our8 project bill.9

Councilman Kenney

Thank you10 very much.11 Councilman Goode.12

Councilman Goode

Thank you,13 Mr. Chairman.14 Just two questions. How much15 of the professional services work has16 been contracted?17

Ms. Winn

A significant18 portion, but as part of that, we do have19 a contract that is already awarded to a20 woman-owned business and we do think that21 that contract will help us meet the goal22 that we've put in as 1 percent. And then23 we do plan to the remaining remainder24 assign to and look to the women-owned25 7 12/7/11 - RULES - BILL 1108471 businesses that we can find or --2

Councilman Goode

What is the3 significant portion?4

Ms. Winn

There's5 approximately $100,000 that's left in our6 professional services.7

Councilman Goode

Out of how8 much?9

Ms. Winn

Four million.10

Councilman Goode

Okay. And11 what portion of the construction work has12 been contracted?13

Councilman Goode

Thank you.15 Thank you, Mr. Chairman.16

Councilman Kenney

Thank you17 very much.18

Mr. Tantala

We respectfully19 request a suspension of the rules to20 ensure final passage by December 15th.21

Councilman Kenney

Thank you.22 Thank you for coming in. Thank you for23 your -- and I want to say on behalf of24 Council and the City, thank you for your25 8 12/7/11 - RULES - BILL 1108471 investment too and your expansion of your2 facilities and the employment that you3 bring, both permanent and the temporary4 jobs at the construction site. So we do5 appreciate that. Our history here in the6 last number of terms has been that we pay7 close attention to the EOP, as you can8 tell, and we're happy you came back and9 cleared that up, and good luck with your10 project.11

Ms. Winn

Thank you.12

Councilman Kenney

Anybody13 else?14 (No response.)15

Councilman Kenney

Thank you16 very much.17

Ms. Winn

Thank you.18

Councilman Kenney

Anyone else19 to testify?20 Seeing none, that will21 conclude the public hearing -- oh, I'm22 sorry. Come forward. I'm sorry.23 (Witnesses approached witness24 table.)25 9 12/7/11 - RULES - BILL 1108471

Councilman Kenney

Please2 identify yourself for the record.3

Mr. Brown

Yes. Good morning.4 My name is Alburn Brown. I'm the5 President of a steel erection company6 assigned with 401. I'm a union7 contractor.8 I just had a couple questions9 on the plan. For the minority outreach,10 we're looking at 50 percent of hours. Is11 that 50 percent of all hours worked or 3212 percent for journeymen of all hours13 worked? I just had that one question.14 And then as a contractor, I'm15 always concerned about payment. So on16 the , Payment, it lists that the17 subcontractors would be paid within five18 business days. Normally applications for19 payments are 30 days turnaround. You20 have like the 25th of the month to21 submit, and you usually -- the 25th on22 the following month you should expect to23 receive payment.24 So is that five days after the25 10 12/7/11 - RULES - BILL 1108471 30 days or is that five days? That was2 my questions.3

Councilman Kenney

Councilman4 Goode.5

Councilman Goode

Mr. Brown,6 as stated at yesterday's hearing and as7 is generally the case, this is a8 template. So all of it actually is9 standard and only the boxes were filled10 in. So this is a template that is given11 by the Office of Economic Opportunity to12 project developers and owners, and so I13 would suggest you direct those questions14 toward the Office of Economic15 Opportunity.16 I believe that the first17 question in terms of minority18 apprentices, it is 50 percent of all work19 hours, but because this is a template20 that was developed by OEO, I would21 suggest that they are the best people to22 answer that question.23

Mr. Brown

And the reason I24 ask that question, because the union that25 11 12/7/11 - RULES - BILL 1108471 I represent, African American workers are2 only -- they're less than 1 percent of3 the union majority, and we're4 representative throughout most of the5 unions that way. So I was just trying to6 figure out how we're going to reach7 that --8

Councilman Goode

I completely9 understand your question, and if we need10 to change this, we actually can change11 the template in general and not just for12 this particular project.13

Mr. Brown

Right. Thank you.14

Mr. Ali

Councilman Goode,15 members of the Committee, Chairman16 Kenney, my name is Jihad Ali. I'm here17 on Bill No. 110847. I wanted to thank18 this Committee for taking the bold move19 that you did yesterday by enforcing -- by20 laying down the gauntlet that the21 legislation will be enforced.22 You know, I heard the testimony23 of the Executive Director. You know,24 it's really -- we've heard all that type25 12 12/7/11 - RULES - BILL 1108471 of language before in the past. They say2 that they support this, but when it comes3 down to the bottom line, we don't get4 that support. You know, the fruits of5 the labor goes to the firms like Turner.6 Turner is an $8 billion a year company.7 You know, what African Americans get, we8 don't get the fruits, we get the thorns,9 we get the thistle and we get the sweat10 that goes along with that, and it's only11 through -- it is only going to change12 because of the efforts of this Committee,13 and I thank you for your leadership. I14 thank you for allowing a citizen like15 myself to come and testify and speak16 truth to palate.17

Councilman Kenney

Thank you18 very much for your testimony.19 Anyone else to testify?20 (No response.)21

Councilman Kenney

Seeing22 none, we will now conclude our public23 hearing and start our public meeting.24 The Chair recognizes25 13 12/7/11 - RULES - BILL 1108471 Councilmember Goode for a motion to2 approve the amendment to Bill No. 110847,3 which is the inclusion of the EOP plan.4

Councilman Goode

Thank you,5 Mr. Chairman. I move that the economic6 opportunity plan be approved as an7 amendment to Bill No. 110847.8 (Duly seconded.)9

Councilman Kenney

Moved and10 seconded.11 All in favor?12 (Aye.)13

Councilman Kenney

There are14 none opposed. The bill will be amended15 accordingly.16 The Chair recognizes Councilman17 Goode on the amended bill.18

Councilman Goode

Thank you,19 Mr. Chairman. I move that Bill No.20 110847, as amended, be reported out the21 Committee with a favorable22 recommendation, that the rules of Council23 be suspended so as to permit first24 reading at our next Council session.25 14 12/7/11 - RULES - BILL 1108471 (Duly seconded.)2

Councilman Kenney

Moved and3 seconded.4 All in favor?5 (Aye.)6

Councilman Kenney

There are7 none opposed. Bill No. 110847, as8 amended, will be reported out of this9 Committee favorably and a request will be10 made for rules suspension to allow for11 first reading at our next Council12 session.13 Thank you very much for your14 time.15 (Committee on Rules concluded16 at 9:35 a.m.)17 - - -18 19 20 21 22 23 24 25 15 1 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on December 7, 2011, and that7 this is a true and correct transcript of same.8 --------------------13 MICHELE L. MURPHY14 RPR-Notary Public15 (The foregoing certification of this19 transcript does not apply to any reproduction20 of the same by any means, unless under the21 direct control and/or supervision of the22 certifying reporter.)23