COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Tuesday, May 22, 2007 10:30 a.m. - - - PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN WILLIAM GREENLEE COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN BLONDELL REYNOLDS BROWN BILLS 070261, 070266, 070342 and 070372 - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2
Good morning, everyone. This is the public hearing of the Rules Committee, and I would ask Mr. McPherson to please read Bill No. 070261. MR. McPHERSON: An ordinance 8 approving the Third Amendment of the redevelopment proposal for the Tioga Urban Renewal Area, being the area generally bounded by Hunting Park Avenue on the north, Broad Street, Germantown Avenue, Venango Street, 15th Street, Allegheny Avenue and Germantown Avenue on the east.
Very well. Please identify yourself for the record and proceed with your testimony.
Madam Chairperson 3 5/22/07 - RULES - BILL 070261 and members of the Committee, I am Michael Koonce and I am here to speak in support of Bill No. 070261, the Third Amendment to the Redevelopment Proposal and Urban Renewal Plan for the Tioga Redevelopment Area and Urban Renewal Area. This bill would authorize the Redevelopment Authority to acquire 11 vacant structures and lots. The 12 properties have been requested for 13 acquisition by Councilwoman Donna Reed 14 Miller on behalf of Allegheny West for 15 their Forgotten Blocks III project. The 16 developer is committed to long-term 17 affordability by serving very low-income 18 families and it's been doing so for 30 19 years. No families or individuals will be displaced or relocated as part of this development plan. The purpose of these acquisitions is to facilitate a proposal which includes properties to be acquired under the Neighborhood Transformation 4 5/22/07 - RULES - BILL 070261 Initiative, a strategy to rebuild Philadelphia's neighborhoods as thriving communities with clean and secure streets, recreational and cultural outlets, and quality housing. One of the central goals of NTI is to eradicate blight caused by dangerous buildings, debris-filled lots, abandoned cars, litter and graffiti and to promote redevelopment through large-scale land assembly. Madam Chairperson and members of the Committee, I respectfully request favorable consideration of Bill No. 16 070261 and would also ask the suspension of City Council rules to allow first reading today, May 22, 2007.
Thank you. Mr. Koonce, what are the projected acquisition costs for these properties?
Council President, I don't have those numbers available, but 5 5/22/07 - RULES - BILL 070261 by the end of the rest of the testimony, I can have the figures for you.
Thank you. Can you tell us the source of funding?
Is there a proposed developer for these properties? If so, who is he?
Is this a proposal to expand an existing project?
No. This is a new project. It's actually the third phase of their Forgotten Blocks project.
And what type of residential properties are to be developed? Will they be single family, multiple occupancies?
These are single 6 5/22/07 - RULES - BILL 070261 family homeownership opportunities.
We don't have development funding estimates yet. I do now have the estimated cost of acquisition, however, and that's $400,000.
I believe your testimony is that these properties are for very low-income families?
What is the proposed income range for the ownership?
The proposed range for these properties will be between 30 and 80 percent of area median income.
Between 30 and 80 7 5/22/07 - RULES - BILL 070261 percent of area median income.
I'm sorry. I'm Ronald Hinton, President of the Allegheny West Foundation.
I just have one more. What is the significance of a 30-year time frame that you mention? Is there a projected completion date?
I'm sorry. I didn't remember mentioning 30 year. Oh, I'm sorry. I'm sorry. It was mentioned in the context that Allegheny West, the developer, has been serving this population for 30 years.
Thank you. Are there any questions from members of the Committee? 8 5/22/07 - RULES - BILL 070261
Thank you, Madam President. I'd just like to note for the record that Allegheny West Foundation is actually a community development corporation that's actually been very, very -- has taken the leadership and in fact it's the only group up there in that particular section of our district that's doing development. They've done very good work. This is the third phase. They've had Forgotten Blocks I, Forgotten Blocks II and now this will be Forgotten Blocks III. We've really done a good job up there eliminating blight and rebuilding that neighborhood. Some of these houses are very small houses, so what they've been doing in some cases is taking two houses and making them into one, which has expanded 9 5/22/07 - RULES - BILL 070261 space there. We decreased that density on lots of blocks, and I just want to commend them for doing a good job. Ron, did you come today to testify or just to --
I just wanted to again thank the body and Council President Verna and the members of this Committee for hearing us today. Just to quickly summarize the project, we are acquiring in total parcels. All of 16 them or many of them are vacant lots. 17 The project will consist of basically ten 18 new construction units and four rehabs. 19 The significance of the rehabs, that they 20 are either right next door to or on the 21 blocks of houses that we just completed 22 last year, and so for a homeowner who just bought a house, knowing that there will be a follow-up with the vacancy next door with a new homeowner is very 10 5/22/07 - RULES - BILL 070261 important. Of the parcels, there will 4 be three double-wide units. So that's a 5 double house with a lot of space. There 6 will be four double-wide units with side 7 yards. We took advantage in working with 8 Councilwoman Miller and NTI to demolish 9 as many corner structures as we could. 10 Some of them were former corner stores, 11 bars. We demolished them in such a way 12 that you could develop a double home with 13 a side yard. You can give people space, 14 and take away that type of circumstance from inner city neighborhoods. And there will be one triple-wide property where we're going to have a very large property with some outdoor space. And so for the low-to-moderate-income home buyers, we are presenting an opportunity for them to have housing opportunities within the community. And of the new construction units, one of them will be completely 11 5/22/07 - RULES - BILL 070261 accessible, and so we are looking also to identify opportunities for people who are looking for accessibility but also to be homeowners. I would like to mention in our last project one of our home buyers or one of the neighboring properties was a disabled person who was able to purchase a home and become a homeowner. We're very, very proud to see that happen in our projects in the neighborhood. So thank you very much.
Any other questions or comments from members of the Committee? (No response.)
Thank you, Madam President and members of the Rules Committee. My name is Richard Redding, Director of Community Planning at the 12 5/22/07 - RULES - BILL 070261 Planning Commission, testifying today in support of Bill 070261 approving the amended redevelopment proposal for Tioga Urban Renewal Area, authorizing acquisition of properties. 7 The staff approved this in 8 March of '07 and it's consistent with 9 previous Planning Commission approvals 10 for the Forgotten Blocks housing 11 initiative. 12 Thank you very much. 13
14 You're welcome. 15 Did I understand Mr. Koonce to 16 say that there are 19 properties in this 17 program? 18
This bill supports 19 the acquisition of 19 properties. Some of the properties I'm assuming that Allegheny West is acquiring on their own to make up the difference. I believe he stated that the project total was 22. This bill supports the acquisition for 19. 13 5/22/07 - RULES - BILL 070261
Very well. Any questions from members of the Committee of Mr. Koonce? (No response.)
Is there any reason to suspend the rules on this bill?
Oh, you are requesting. Okay. Very well. Thank you very much. Do we have anyone else to testify on Bill No. 070261? (No response.)
Bill 24 Nos. 070266, 070342 and 070372 have been readvertised for June the 6th at 10:00 14 5/22/07 - RULES - BILL 070261 a.m. Although Bill No. 070342 is scheduled for June 6th, I understand that there are some individuals who are present today and would like to testify.
Yes. All right. Tom, would you please read the title of that bill.
Bill No. 070342, an ordinance amending Section 14-1605 of The Philadelphia Code, entitled "Regulated Uses," by providing for Special Regulated Uses, prohibiting such uses in the vicinity of certain residentially related uses, and designating overflow storage tanks as a special regulated use, all under certain terms and conditions.
Thank you. The Chair recognizes Councilman O'Neill. 15 5/22/07 - RULES - BILL 070261
Madam President, I believe there are some residents here on our witness list from the Brookhaven East Development. Brookhaven East Development is just east of Frankford Avenue and just above Holy Family University, and it's bordered by Fairmount Park and the Poquessing Creek and then Bucks County on the other side. So it's about as far up as you can get east of Frankford Avenue. And it's in the 65th Ward, where my co-sponsor is both the ward leader and Councilwoman almost in Brookhaven. Holy Family University is just south of the Brookhaven community, and Stevenson Lane intersects or bisects the University, and Councilwoman Krajewski has the southern portion of the University; I have the northern portion. This bill -- I don't see the Water Department here. I assume they'll be around on June 6th. And I should explain to the neighbors that it was 16 5/22/07 - RULES - BILL 070261 discovered late last week that the bill 3 needed 15 days as a zoning bill for advertising instead of five and it wasn't going to be practical to start calling people, because there's so many people in Brookhaven that knew about this hearing. So we're taking testimony today and then we'll be taking testimony again on June 6th. I don't want to have people come down and find out that nothing was going on. But to explain the bill, there is a serious problem that has been occurring for some time at a sewer receptor that is right next to Holy Family University and just south of the development of Brookhaven, and in heavy rains -- these are separate systems in the Far Northeast, as there are in many. So there's separate water pipes and separate sewer pipes. Well, the sewer pipe gets infiltrated with water, heavy rains, starts backing up right at this place near the homes and the University. 17 5/22/07 - RULES - BILL 070261 Sewage overflows, gets in the Poquessing Creek, gets in the river, and the state has been very concerned about this and said they were going to put a moratorium on development in Lower Bucks, where much of this sewage and water treatment comes from that we do for them, and also that we had come up with a plan. Well, the plan, other than the fact that it's on Fairmount Park ground a few feet from homes and dormitories, is one of the possible solutions to dealing with this and, that is, to build a multi million gallon underground storage tank. It covers about an acre and a half of ground. And it would fill with sewage during or before heavy storms and then be released some days later, estimated to be approximately ten times a year. I submit to my colleagues that no one should have to live this close to what is the least recommended solution to a problem like this, but it is certainly the cheapest, and that this 1,500 foot 18 5/22/07 - RULES - BILL 070261 requirement I think is reasonable, and the fact that it's on Fairmount Park ground really exacerbates it even more. But I'll let the neighbors speak for themselves. They're the ones that will be within such close proximity to this sewage pit. Thank you.
Thank you. I would ask Mr. Erekson to please call the first witness.
Mr. James Cressman, could you approach the witness table also. Good morning, sir. Please identify yourself for the record and proceed with your testimony.
Good morning, Council President Verna and members of 19 5/22/07 - RULES - BILL 070261 the Rules Committee. My name is Lew, L-E-W, M. Halas, H-A-L-A-S. I reside at 9211 Melrose Street, Philadelphia, PA 19114. I am here in my capacity as President of the East Torresdale Civic Association. The East Torresdale Civic Association sent a letter to Council President Verna and the members of the Rules Committee and I would like to read this letter into the testimony. Dated May 2007, Council 13 President Anna C. Verna and members of 14 the Rules Committee, City Hall, Room 405, 15 Philadelphia, PA 19107-3290, RE: Bill 16 No. 070342, introduced April 26, 2007 by 17 Councilmembers O'Neill and Krajewski. 18 Council President Verna, on behalf of the East Torresdale Civic Association, ETCA, concerning the above City Council bill, we bring to your attention that the ETCA strongly supports this bill and respectfully requests that this bill be passed. Our members are very concerned about the placement of 20 5/22/07 - RULES - BILL 070261 overflow storage tanks generally used for sewage, and at our monthly meeting held May 2007, the members voted 5 unanimously to support this bill. 6 Thanking you in advance for 7 your consideration, we are sincerely East 8 Torresdale Civic Association, Lew M. 9 Halas, President. 10 Also, I would like to add that 11 we feel that this is a quality of life 12 issue and has no benefit to our 13 community. 14 Thank you, Council President Verna and members of the Rules Committee, for allowing me to speak, and thank you to Councilmembers Krajewski and O'Neill for authorizing and introducing this bill.
Thank you very much. The Chair recognizes Councilman Kenney.
Thank you, Madam President. 21 5/22/07 - RULES - BILL 070261 Just so I can understand the situation, is there a separate storm water and sewage system there or is it all one?
There are two pipes. The nearest water treatment is right on State Road below Linden Avenue. The sewage treatment is all the way down on Wheatsheaf Lane near the river in Port Richmond. So the five-foot diameter sewage pipe that's coming all the way down and passes this area as it heads down State Road and all the way down to Wheatsheaf Lane fills with water. It's not supposed to. There's a separate water pipe. And I had asked the Water Department about maybe finding out why it's filling with water, and they said, Well, it's just so many potential leaks, we can't get into that. But when I asked them how they are dealing with it in Bucks County, because we service Bucks with so much water and sewage treatment, that they've determined that percentages 22 5/22/07 - RULES - BILL 070261 of different communities in Bucks have to chip in and solve this problem. And the problem is serious, but the one thing we know is that people in East Torresdale didn't have anything to do with it. It's developments that occurred --
Now, in heavy rain the sewage backs up into their homes?
No. It hits a point -- there's a low point of this receptor right near Holy Family. It's on their ground. And it just hits -- it can't get uphill, and it just comes out of that area. And the Poquessing is not very far away. It leaches over there and then into the river. No one here is having any sewage problems. Their systems are performing fine.
But is the problem exacerbated by heavy rain or just -- 23 5/22/07 - RULES - BILL 070261
Because one of the things that we discussed in South Philly with a similar problem, not exactly the same problem, was, they were talking in a long-term solution of putting diversion tanks for storm water only underneath one of the parks, either Marconi or one of those, so that when there was a heavy rain, they could push a button or move a stop or something and have the water flow into the tanks. Is that a possible solution for this?
Well, the problem is I believe that they can't separate out the water that's causing the problem from the sewage that is leaking, because it's all in the same pipe. If this were a water reservoir that they were building near these homes, we would not be here today.
Since the leach is going into the Poquessing, isn't 24 5/22/07 - RULES - BILL 070261 this an EPA issue?
Well, DEP has put a moratorium on the City and Lower Bucks. This is the City's way of saying within five years we'll solve it by building this. When I asked the Water Department about other alternatives that wouldn't be either on Fairmount Park ground or this close to homes and dormitories and the like, the only specific answer I got was that Bensalem Township, which is just above this area, is responsible for just under percent, 15 they've determined is responsible for 16 just under 20 percent of the problem and 17 that they were going to build a pump 18 further up in this pipe area and divert 19 it into an undisclosed area that they 20 haven't identified yet.
Can't they just fix the low end? Can't the Water Department just fix --
Well, they're not forthcoming with a lot of 25 5/22/07 - RULES - BILL 070261 information, but clearly, this is the cheapest, easiest solution.
I guess we'll have the discussion with them on the 6th.
I'd like to thank Mr. Halas for coming down. And there are, I believe, three letters or possibly four by now from civic associations in my district that support this legislation.
My point on this legislation is that this kind of problem could occur in any community and if the Water Department's solution is the most neighborhood unfriendly and abhorrent, actually, when you think of people that particularly live the closest to this potential sewage tank, they won't 5/22/07 - RULES - BILL 070261 just get less money for their houses, they won't be able to sell them, except for a rental situation. And they're all single-family homeowners.
Thank you. Good morning. Please identify yourself for the record.
Good morning. My name is James Cressman. I'm a resident of Brookhaven. I'm here to represent myself and neighbors who haven't been able to attend. And Councilman O'Brien (sic) has just hit on several of our concerns, property value. This tank would be less than a thousand feet from the nearest resident that lives in Brookhaven. We will get no benefit from it. The people who will benefit are the people who live in big fancy homes in Bucks County, who bought homes in areas where the contractor to save money is putting the rainwater in the sewer. It's 27 5/22/07 - RULES - BILL 070261 coming down and it's overloading our systems. It's been identified. And I've walked my dog a lot and I have seen on several occasions where this spout comes up in Holy Family College. I agree it is a problem, but we will lose property value. We will lose in that there would be an odor problem, and there's no -- we don't benefit. Our taxes will probably go up. Will the taxes of the people in Bucks County who are causing the problem go up? Probably not. So these are the feelings of many of the residents. Thank you.
Thank you very much. Are there any questions or comments for this witness? (No response.)
Again, I thank you for coming in to testify. Mr. Erekson. 28 5/22/07 - RULES - BILL 070261
Good morning. Please identify yourself for the record.
Good morning. My name is Michelle Campbell. I live in 4222 St. Denis Drive. Zip code is 19114. I'm very concerned about the sewage containment that they want to put into the wooded area down the street from us. I've lived in the neighborhood for years, grew up there. My mom is three doors from me. I can't believe that the City would even want to put this down there. I'm really upset about it. I have a petition with over 500 names from people in our neighborhood. I want to raise my family in this neighborhood and I just don't think it's a good idea to put it down the street from my house. My oldest is 13. He runs through the park down there with his friends. They play down there. They 29 5/22/07 - RULES - BILL 070261 build bridges near the creek out of the stones that are down there. And I just don't -- I just see it that it's going to be detrimental to our neighborhood. And our school is only a -- not even a half a mile away. Sister just put a convent at the bottom of the area that we're talking about. There's going to be dorms going up. I just don't see that it's a good idea. And I'm sorry to get so upset. I'm just -- it's very -- I just want to raise my kids and just be in a nice, clean neighborhood.
Michelle, I want to thank you for all your volunteer efforts above and beyond just coming here today. Five hundred signatures on petitions, I think all of 30 5/22/07 - RULES - BILL 070261 us in this room know how tough it is to get petitions signed.
Especially dragging around a 7-year-old and a 4-year-old with you also.
It really speaks volumes of your commitment, and I think your neighbors appreciate it every bit as much as I do.
And at this time, I'd like to hand up to the stenographer Fox Chase Homeowners Association letter, West Torresdale Civic Association letter, Normandy Civic Association letter and East Torresdale Civic Association letter and ask that they be entered into the record, along with I'll give a copy of Michelle's petition which I have.
Thank you. Any questions or comments for 31 5/22/07 - RULES - BILL 070261 this witness? (No response.)
President Verna and members of the Rules Committee, my name is Benjamin Cruz and I live in Brookhaven. I've been a resident there for 30 years, and I represent a lot of my neighbors that couldn't make it today because they couldn't get out of work. We're for the bill. We are against the sewage system and we are, like many of them, we are afraid of what it could do to the property values of our homes that we work so hard to keep and maintain. You know, we moved there because of the area, and we love the neighborhood and we hate to see anything downgraded or what it could bring with the sewage system, the things that it could bring, like probably smell or just bring the property values down. Like I 32 5/22/07 - RULES - BILL 070261 said, we are for the bill and we are against this sewage system. Thank you very much.
Good morning. Please identify yourself for the record.
Good morning. I'm Debbie Minichuk and I live at 9966 Hegerman Street and I've been there for about 30 years, and it's a beautiful neighborhood and I hate to see this storage tank be put in our neighborhood. So I am definitely for this bill, 070342, and have really concerns with a sewage tank being so close to our residential homes. Thank you.
Thank you. 33 5/22/07 - RULES - BILL 070261 Any questions or comments of this witness? (No response.)
Thank you again. Please identify yourself for the record, sir.
My name is David A. Thomas. I live at 4719 Hegerman Terrace, 19114. I've been in the area for 32 years, original owner, and try to keep a nice neighborhood. And somebody that doesn't even live in the area comes along with this water problem but starts up in Bucks County and we're going to be charged with the taxes, downgrading our property, for nothing that has to do with us. And I'm for the bill and against the sewer treatment plant.
Very concise testimony. It hits it right on the nose. Thank you. 34 5/22/07 - RULES - BILL 070261
Good morning. Please identify yourself for the record.
I'm Margaret Wood, Michelle's mother. I live at 4216 St. Denis Drive. I've been there 30 years. And I just feel that I've driven 95 all my life and the smell of Richmond and the smell of Fishtown, I don't want to smell it in my own neighborhood again as I get older. So I just feel like it's not good for us to have this tank. And if it's Bucks County's sewage, take it to Bucks County, put a sewage plant up there. That's how I feel. And I am for the bill. Thank you.
My name is John 35 5/22/07 - RULES - BILL 070261 Albanese. I've been a resident of 9984 Hegerman Street for 32 years. Good morning, Madam President and the Rules Committee. I have lived in East Torresdale, like I said, since 1975. I am for the bill and against the sewer plant. I don't see the benefit to the constituents of East Torresdale, roughly 400-plus houses, for a situation that is Bucks County. I've been a resident and I was born in Philadelphia. I grew up, worked here and pay taxes here. I really don't see where it's benefiting us. I could see the people here being benefited, but it's not. Bucks County sewage, let Bucks County handle the problem. I'm not saying we shouldn't work with our surrounding counties, but what I'm saying is, we're Philadelphia residents. Thank you so much.
You're welcome. Thank you for coming in 36 5/22/07 - RULES - BILL 070261 to testify. Our next witnesses, please.
Good morning. Please identify yourself for the record.
Good morning, ma'am. I'm Perlita Baptista, residing at 9836 Garvey Drive. I live in the neighborhood for 34 years and all my family are in that neighborhood, too. I love my neighborhood. And now that this construction is coming there, I'm for the bill that Councilman O'Brien (sic) has introduced and I'm against the construction of that sewer overflow in our neighborhood. Let Bucks County is responsible for their sewage, too. So thank you very much, Councilman, for introducing this bill.
Thank you. 37 5/22/07 - RULES - BILL 070261 Please identify yourself for the record.
Yes. My name is Patrick Hotard, H-O-T-A-R-D. I live at 5001 Grant Avenue in East Torresdale. I am here today as Executive Director of the Glen Foerd Conservation Corporation. I just wanted to commend Councilman O'Neill and Councilwoman Krajewski for introducing this legislation, thank them both, and just state that we support this legislation. We sincerely and respectfully ask the City Council of the City of Philadelphia to pass this at the earliest possible moment, and we hope that this will become law soon. It's my understanding it is Bill No. 070342. Thank you very much.
Thank you. Any questions or comments of the witnesses? (No response.)
Our 38 5/22/07 - RULES - BILL 070261 next two witnesses, please.
Oh, fine. Do we have anyone else to testify on this bill? (No response.)
Seeing no one, this will conclude our public hearing.
Madam President, while the residents are still here, I'd just like them to know that if they want to come down at the next hearing, although their testimony is already on the record, the Water Department I assume will be here at the next hearing, I believe Holy Family University will be here. I will provide transportation for anyone who is here today that has to make a return trip, through no fault of their own. Thank you. 39 5/22/07 - RULES - BILL 070261
Thank you. This will conclude our public hearing. We will now go into our public meeting. The Chair recognizes Councilman Kenney regarding Bill No. 070261.
Thank you, Madam President. I move that Bill No. 11 070261 be reported out of the Committee with a favorable recommendation and a request made for rules suspension to allow for first reading at our next Council session. (Duly seconded.)
It has been moved and seconded that Bill No. 19 070261 be reported out of Committee with a favorable recommendation; further, that the rules of Council be suspended so as to permit first reading at our next Council session. All in favor will say aye. (Aye.) 40 5/22/07 - RULES - BILL 070261
The ayes have it. And the record will reflect that Bill No. 070266, 070342 and 070372 have been rescheduled for June 6th at 10:00 a.m. Thank you all very much. (Committee on Rules adjourned at 11:05 a.m.) - - - 41 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on May 22, 2007, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)