I can't give you 22 the exact number, but that range sounds 23 about right. 24
All right. 25 And those properties will be developed, 85 2/7/07 RULES - BILLS 060902, 903 assuming we acquire all -- they are all vacant structures. Long-term vacant structures will be renovated under -- I guess we no longer have Home Start.
No, we still have Home Start, but they will be renovated either under Home Start or HRP --
Thank you. Any other questions or comments from members of the committee? (No further questions.)
Our next witness? MR. McPHERSON: Paul Lonie. (Witness comes forward.)
Good morning, Madam President and members of the committee. It's wonderful again, like Darwin said, to be back. It's like old home week.
My name is Paul Lonie. I'm the Philadelphia Projects Director for Westrum Development, and my responsibilities with that company and here today are to discuss exactly how we interacted with the community. We started meeting with the community on not a master plan but a different development plan back in July of 2005. And if you look at your 87 2/7/07 RULES - BILLS 060902, 903 package, you will follow along on the timeline. We met with different community groups and we said, Okay, this is what we would like to do. This is our vision of where we're going to go with Brewerytown. And what they said to us at that point was, Okay, that's fine, but you need to negotiate with the immediate community -- that's the Brewerytown CDC. We talked to Councilman Clarke and, he felt that that was also a good group for us, right next to our development, to negotiate with. So we began negotiations of our memorandum of understanding with that community beginning in January, and those discussions progressed all the way through until May. And in May, what happened was, the Commerce Department and the City Councilman came to us said, You know, the community really would like a 88 2/7/07 RULES - BILLS 060902, 903 supermarket up there. You folks have some ground. Is it possible that you could incorporate that? So actually, that's exactly what we did. We incorporated that, and that was the beginning of our master plan because at that point, when you have residential uses, many types of residential units, commercial uses, and the existing structures in the historic buildings, we wanted to make sure that we didn't have to go to Zoning 5 and 10 ane however many times. So we went to the Councilman and said, Would you be interested in putting forth this zoning district so that we could have this master plan community developed, and he said that would be fine as long as you get community support. So it was back to the community for us. We met again, over and over again, with the Brewerytown CDC. Finally, after over the summer -- and I 89 2/7/07 RULES - BILLS 060902, 903 believe it was August 14th -- August 18th, I'm sorry -- we signed an MOU with the Brewerytown CDC. But, again, that was our understanding, and I'll go over that in a moment, but our understanding was that there was other community groups, and we had to take this master plan not just to this one group but to all of the groups in Brewerytown. So we met in the summer with the African-American Business & Residents Association on two separate occasions. We met with the Girard Coalition. We met with the Fairmount CDC and the Fairmount Civic Association. We met with a lot of the different groups. We met with the African-American Chamber of Commerce because we were looking to those folks for help with our minority requirements. And so we felt at the end of the time that we had met with pretty 90 2/7/07 RULES - BILLS 060902, 903 much everyone, well, again, as you heard, there might be some dissension within the area of Brewerytown of what leadership is. So as of last week, what we decided to do so was to go to the block captains and just hand out 50 flyers each, just put 'em in doors all over Brewerytown, saying "come to a meeting," no affiliation, no group, no nothing. Just come and talk, see the plan if you have any things to do. Out of that meeting, we came out with 50 signatures to support this project. So we've made every effort to go through all of the different community groups to talk to all of the folks in the neighborhood to deal with this, and we would like to have some folks come forward and, again, give you their individual testimony, not just what you're hearing from us. The MOU, again, we summarized that in your packet. 91 2/7/07 RULES - BILLS 060902, 903 When I've dealt with these and other communities and Councilman O'Neill's community, they had very different issues than they had in Brewerytown. And the MOUs we signed with that community were very different than this one.
This one is -- Councilman Kelly has been to some of those meetings up there dealing with those issues in that part of the City. What they needed down here was jobs, they were concerned about jobs and minority hiring, and so that was a big part of it. They were considered some economic help with some after-school programs and some computers that they needed for their projects and different things. We were more than glad to do that. At the end of the day, we did sign that Memorandum of Understanding, and we have community support, we 92 2/7/07 RULES - BILLS 060902, 903 believe, from almost everybody in the community. And I think that's all the things I would like to say about our efforts to get to the community. I would be glad to answer any questions if anybody has some, but I'd also like you to listen to the members of the community itself.
Thank you. The Chair recognizes Councilman Greenlee.
As you know, I live close to this development, just a little bit south, but just -- you had mentioned and Mr. Hanna had mentioned the supermarket. Now, where exactly does that stand now?
No, I mean location, but I mean that's in your -- I know the location, I'm sorry.
Yeah, if we do not -- I mean, part of the master planning process is, we have a supermarket in the plan. If we do not put a supermarket there, we have to come back to the Planning Commission and the Council because that's a substantial change, and I don't think you would be very happy with us.
We are working diligently in every way we can to put a supermarket in there, and I'm sure -- especially Councilman Clarke can tell you exactly how difficult it is to entice a supermarket to come to the inner-city, but we're still working very hard in many different areas to do that.
So your plan is to still put it there, at that 94 2/7/07 RULES - BILLS 060902, 903 location.
Thank you. Any other comments or questions from members of the committee? The Chair recognizes Councilman Clarke.
Thank you. Thank you, Madam President. I'm glad the Councilman brought that up. This leads me to my follow-up question. If, for some reason, the 31st and Girard site does not work for whatever reason, is the commitment still there on Westrum's behalf to support in some way, shape, or form the market at another location in close proximity?
We've made a commitment to a supermarket in Brewerytown. If, for whatever reason, 95 2/7/07 RULES - BILLS 060902, 903 the community decides that it's better served someplace else, we would be glad to economically support that.
Are there any other questions from members of the committee? (No further questions.)
Our next witness? 96 2/7/07 RULES - BILLS 060902, 903 MR. McPHERSON: A. Azim Muhammad. (Witness comes forward.)
Good morning, sir. Please identify yourself for the record.
Yes. Good morning, Madam Chair and members of the Committee on Rules. My name is Azim Muhammad, and I'm the founder of the Brewerytown Development Corporation. I just wanted to elaborate or comment on this particular project. The Westrum Development Corporation met with the Brewerytown Development Corporation and its Community Advisory Committee, which is comprised of block captains and stakeholders in the Brewerytown community. They presented their master plan for development in Brewerytown. The Community Advisory Committee agreed to support the project contingent upon their being real community benefit. 97 2/7/07 RULES - BILLS 060902, 903 After lengthy negotiations with the community, a community benefits agreement was completed and approved by the community with the help of Councilman Clarke and Secretary of Housing Kevin Hanna. The agreement received overwhelming support from the community, and as a result, the Community Advisory Committee offers its support for Westrum's Brewerytown master plan. The new residents are active in neighborhood improvement projects, some have signed on to the formation of a Town Watch, and they provide assistance to the children in our neighborhood computer lab. And lastly, gentrification is not an issue as a result of this development. Additionally, Westrum has supported the Brewerytown Technology Center, our annual festival, as well as the Brewerytown Brew Newsletter, which 98 2/7/07 RULES - BILLS 060902, 903 our community newsletter that goes out on a regular basis. Thank you.
Thank you very much. Are there any comets or questions of this witness? (No questions.)
Our next witness? MR. McPHERSON: We'll start panels. Marc Brookman. Charles Lewis. William Reddish. (Witnesses come forward.)
Good morning, Madam Chair. My name is Marc Brookman, and I'm here this morning as a 99 2/7/07 RULES - BILLS 060902, 903 representative and president of the Delaware Valley Smart Growth Alliance. The Delaware Valley Smart Growth Alliance is a tristate nonprofit organization with 180 supporters who include government, land policy organizations, environmental groups, economic development organizations, as well as real-estate developers. Over a period of approximately a year, representatives of all of these diverse groups developed what we refer to as "smart growth criteria," and based upon that criteria, this particular plan was reviewed by a group of independent jurors who represent equally all of the groups I just described, including academia, and they recognize this as being a smart growth plan. It represents an effort on the part of the developer to provide for mixed-use development, to take advantage of existing infrastructure, and to take advantage of mass transit, all of which 100 2/7/07 RULES - BILLS 060902, 903 are proximate to the site.
Good morning. My name is Charles Lewis, and I'm Vice President of Penrose Properties. I'm here to support the Brewerytown Master Plan. Penrose is a real-estate development firm that's been in active in existence for 30 years. We're active in seven states and the District of Columbia. In 2005, we acquired portions of the former Acme warehouse at 31st and Thompson Street. We converted the northern portion of the warehouse into 62 apartments for families. These are 101 2/7/07 RULES - BILLS 060902, 903 affordable units limited to folks whose income is at or below 60 percent of area median income. We converted the southern portion of the building into office space, and we relocated our corporate headquarters plus the corporate headquarters of one of our affiliates into the building. As both a property owner and a business within the Brewerytown neighborhood, we're a stakeholder in the community. There are a number of vacant properties and abandoned buildings in the Brewerytown neighborhood. They're a blighting influence on the community. Not only are they eyesores, but they're health and safety hazards. No one cuts the grass, cleans up the snow, and the vacant buildings are open to all sorts of criminal activity. The properties are all either tax-delinquent or tax-exempt, so they provide no revenue to the City. 102 2/7/07 RULES - BILLS 060902, 903 The proposed plan is a an excellent tool to address these problem properties, and it will enable new homes and new businesses to be constructed on the vacant lots; it will allow for the larger abandoned buildings to be converted into condominiums, again providing home-ownership opportunities. Properties which are now a drain on the City resources, in terms of policing and cleanup and monitoring, will now become a positive influence and will be put back on the tax rolls, producing revenue for the City. I also want to talk about one thing that the proposed plan does not do: It does not propose the acquisition of any occupied residential properties or any existing businesses. It targets only abandoned properties and abandoned buildings. It does not go after occupied units. So I think this is a great opportunity with the Brewerytown Master 103 2/7/07 RULES - BILLS 060902, 903 Plan to take what's really an exciting, vibrant neighborhood and to transform it into something better, so I urge your support. Thank you.
I'm sorry. Please identify yourself for the record and proceed with your testimony.
Good morning, Madam Chair and distinguished members of this committee. My name is Bill 13 Reddish. I am President of the Building Industry Association of Philadelphia, and I am testifying in support of Bills No. 060901 and 060902. ), a minority-owned group construction company based in Philadelphia. The Brewerytown project encompasses many of the key elements 104 2/7/07 RULES - BILLS 060902, 903 that most of us would want to see in a project. Those elements are a positive economic impact on the surrounding area, a mix of buyers from different ethnic backgrounds and income levels, and supportive community residents who invest their time and money into community-based endeavors such as youth programs, elderly outreach initiatives, and other much needed community endeavors. The Brewerytown project has had a positive effect on existing businesses in the community. ) Hair Salon and East Park Laundry on Oxford Street owned by Miss Aisha Murphy and Ada Allen; and B&G Auto Services on 29th Street owned by Mr. and Mrs. Joseph Green, to name a few. There are many proposed new business ventures on the horizon for Brewerytown as well. Some of the new 105 2/7/07 RULES - BILLS 060902, 903 opportunities that are being discussed are a much-needed supermarket and a Cosi coffee shop on the corner of 31st and (indiscernible) Street. Philadelphia is a city of neighborhoods. " Today, unfortunately, we hear too many stories about violence in Philadelphia's neighborhoods. We hear stories about the lack of positive role models, especially African-American male role models in the communities. Brewerytown has not escaped the violence that is pervasive throughout Philadelphia. From police personnel to community advocates, they all agree that the recipe to help in the violence is education, employment opportunities, and a solid, caring community. I am proud to be a part of the Brewerytown community as are many people in the room today who represent many 106 2/7/07 RULES - BILLS 060902, 903 ethnic backgrounds. We want to be a part of the recipe that provides a positive impact in the Brewerytown community. In addition to having a positive economic and social impact on the community, I am proud to be a part of the infilled scattered-site development phase of this project. The scattered-site units 12 will be affordable for families earning 13 at least $31,000 per year. This income 14 level is obtainable for most City 15 employees such as firemen, policemen, 16 school teachers, librarians, and other 17 related occupations. 18 We have internally financed the 19 infill development phase so that it will 20 require minimal, if any, City subsidy to complete. It is my desire as president of the BIA and Gentis Group Construction to utilize the Brewerytown development project as a test model from which the 107 2/7/07 RULES - BILLS 060902, 903 inclusionary zoning bill can be fashioned. With all of the positive aspects of this project I have just spoken about, there are still areas of genuine concern which we must address in a proactive and not reactive manner. Those concerns are an increase in the cost of living in the Brewerytown community. We all want our homes to appreciate in value, but we don't necessarily want to see an increase in property taxes. The BIA is actively working to help address these concerns, especially as they relate to the elderly, disabled, and low-income residents. The BIA wants to support legislation that will impose limits on the tax assessments for these at-risk citizens. We are currently meeting with housing advocacy groups to help provide direction and leadership on this very sensitive issue. We all want Philadelphia to be 108 2/7/07 RULES - BILLS 060902, 903 the best city possible for all of its citizens. The Brewerytown project can help Brewerytown reach those often talked-about goals. However, it will not be the new housing units or the new residents that will make these goals obtainable, but the entire community working together.
It is my hope that we start the process of working together today. Thank you.
I thank the gentleman. Are there any questions from members of the committee? The Chair recognizes Councilwoman Brown.
Thank you, Madam President. Good morning, gentlemen. PANEL: Good morning.
Thank you all for your testimony. Mr. Brookman, you referenced in 109 2/7/07 RULES - BILLS 060902, 903 your testimony criteria that you will have use for developments like this.
Speak, if you would, very briefly as to what those criteria are.
Sure. Well, it begins with location, whether the area that is being proposed for development is connected to something else that already is connected, whether people are going to be displaced or not displaced.
Whether infrastructure is in place, and as a result of having development occur where it's in place, avoiding infrastructure having to be reestablished somewhere else.
Mass transportation. Improving the number of 110 2/7/07 RULES - BILLS 060902, 903 people who use mass transportation to make it more efficient, more frequent, and potentially less costly to the public at large. It encourages mixed-use development so that the people in the community can walk to where they shop versus having to get into a car to get to where they want to shop.
And it also encourages higher intensity of development to enable less land to be used for development and to develop land in a more efficient and cohesive way.
Mm-hmm. Do any of those criteria include considerations of -- I can only cite an example to frame my question. Currently, the Comcast building is being called a green building as such. Do your criteria address that type of -- 111 2/7/07 RULES - BILLS 060902, 903
Yes, it does. Our criteria, because we include land policy, preservation groups, environmental groups, we encourage green design, adequate appropriate storm water management so that the environment is preserved as part of the development.
And during the review process, it's interesting. The jurors, if you sit and listen to a review, you oftentimes wouldn't know which juror represented which discipline because oftentimes, it could be the developers raising environmental issues and environmental people suggesting that certain development issues could be more lenient.
So it's a very healthy dialogue with volunteers who meet and review these various 112 2/7/07 RULES - BILLS 060902, 903 applications. They occur not only here in Philadelphia, but in New Jersey, in Delaware, and all of southeastern Pennsylvania.
Okay. Well, I'm keenly interested in that, and I think it's a way that all municipalities need to go going forward, particularly when we look at rising utility costs and the impact that it has on the at-risk populations that you just discussed. Could I ask you to please forward to the Chair more material about your organization and those green criteria, if you will.
If I may, I have invited two business owners from Brewerytown to just give some brief testimony.
If their name is not on the list, I will permit. However, I would beg you for them to be very brief.
Thank you. Mr. Joseph Green and Aisha. (Witnesses come forward.)
I am the proprietor of B&G Auto and also own several residences in the Brewerytown area, and I am pleased to see what's happening in the neighborhood as far as the developing of the community, and I'm 114 2/7/07 RULES - BILLS 060902, 903 basically just pleased to see what's going on.
I'm Aisha Murphy, owner of (indiscernible) hair salon as well as East Park Laundromat, and I just wanted to come here today to show my support as well. Thank you.
Thank you very much. Mr. McPherson, please call our next witness. MR. McPHERSON: The next witnesses are: Juanita Haddad and Anthony 115 2/7/07 RULES - BILLS 060902, 903 Patterson. (Witnesses come forward.)
Good morning. Please identify yourself for the record.
Good morning. My name is Juanita Haddad. I'm the Executive Director for the Girard Coalition. The Girard Coalition is a coalition of over 40 community groups that touch Girard Avenue from I-95 to the zoo. We're very pleased with the opportunity to support Westrum Development and the bills that they have submitted. The coalition -- we have submitted a formal letter of support, but I wanted to add to that. As executive director of the coalition, I can personally attest to the exemplary participation and support of this development firm. Representatives of the company have not only actively 116 2/7/07 RULES - BILLS 060902, 903 participated in special events, but more importantly, they attend most community meetings not related to the development, just related to community concerns; for example, Town Watch and just general community meetings. I think this stands as an exemplary activity for any developer in the community. They have been a good neighbor in our community, and they continue to support activities of all the community groups in the area. Developers throughout our city should follow their positive posture to allay the many fears of development and gentrification in the City of Philadelphia. I extremely support the Westrum Development Master Plan.
Thank you very much. Good morning. Please identify yourself for the record.
Good morning, 117 2/7/07 RULES - BILLS 060902, 903 madam. My name is Anthony Patterson and I'm vice president of Telconnect Systems. Good afternoon, Madam Chair and members of the Committee on Rules. My company, Telconnect Systems, is a minority-owned business providing home security systems in Brewerytown. We offer the following testimony on Bill 11 No. 060901 and Bill No. 060902. We saw tremendous potential of the neighborhood in the Girard Avenue commercial corridor and wanted to be a part of its revitalization. We support the Westrum organization in its efforts to bring safe, affordable housing to this community. The Westrum organization continues to serve as a very good business partner to our company and to the community. We urge City Council to pass Bill No.'s 060901 and 060902 to provide the zoning structure necessary to make the Brewerytown plan a reality. 118 2/7/07 RULES - BILLS 060902, 903 Thank you for this opportunity to come before Council.
Thank you very much. Are there any questions or comments from members of the committee? (No questions.)
Our next witnesses? MR. McPHERSON: The next witness is Al Austin. (Witness comes forward.)
I have copies of my testimony, and they include appendices that I will refer to as well.
Sir, excuse me. Mr. Austin, is this your testimony?
The first two pages are. Most of it -- about 95 percent of it are appendices. 119 2/7/07 RULES - BILLS 060902, 903
Before I begin, I do want to note that my name -- even though myself and Tracy Gordon, who's a well known political activist in the city, called early to put our names on the list of witnesses, our names did not appear in the official list, and I just want to enter that into the record. And I understand there may have been multiple lists going on according to Miss Ortiz, but I found it very, very strange that we were not included on the list, and we both oppose both bills.
Thank you. Is Tracy Gordon also going to testify? 120 2/7/07 RULES - BILLS 060902, 903
Okay. Maybe she could come up to the witness table at this time. Is Mr. Tracy here?
I should tell you that -- I should tell you -- I'm sorry. Go right ahead.
Well, I'm just a little concerned. I -- I know everybody -- everything everyone has to say is extremely important, and I want to make sure that I cover a few technical pieces and a few other aspects that I think are extremely critical. I represent my community organization --
I 121 2/7/07 RULES - BILLS 060902, 903 just thought that Miss Gordon could come up since you said that she had called and her name did not appear on the list.
I thought she could simply sit beside you while you go on with your testimony.
Madam Chairwoman, Mr. Vice Chair, and members of the Committee on Rules, my name is Al Austin. I live at 2834 West Girard Avenue, and I'm a resident of a small corner of North Philadelphia known as Brewerytown. I'm also president of the Pennsylvania nonprofit known as the 122 2/7/07 RULES - BILLS 060902, 903 African-American Business and Resident Associations, or AABRA for short. I come here as a native son of North Philadelphia born 42 years ago at the old Temple University Hospital. I plan to speak with humility and without equivocation for myself, my family, AABRA and much of Brewerytown. My authority speaks for Brewerytown and, indeed, others throughout the City stem from -- stems from hundreds of petitions signed by my neighbors and others in almost every other Councilmatic district. The petitions are marked as Exhibit B, and more are being collected as we speak. Exhibit B is about halfway through and extends almost to the end of the packet. Those are people who signed. And I should read. The petition states, I oppose Bills 060901 and 060902 because: A. They allow large developers 123 2/7/07 RULES - BILLS 060902, 903 to bypass the Zoning Board for projects that may harm my community. B. They virtually eliminate my due-process rights to contest those projects. And C. My consent was never sought by my Councilperson. I support comprehensive zoning reform that will place the will of every community ahead of the profit motive of developers and pay-to-play politics. I call upon my District Councilperson to follow the recommendation of the Planning Commission and table these bills until every community in Philadelphia meets with their District Councilperson to learn about the bills and have their opinions about them incorporated. I am also here to speak for those who cannot but would if fate had made different plans for them. I am here for elders Matilda Terry and Shirley Allen, both leaders of 124 2/7/07 RULES - BILLS 060902, 903 Brewerytown for generations, both of whom passed all too soon. I am here for Rosemary Cubas, a friend of Brewerytown who, only a year ago, was a strong and steady voice against displacement gentrification, eminent domain abuse and affordable housing. This legislation, we believe, has everything to do with our earlier opposition to Westrum Development's plans for our community, so it's essential that we put a few words into the record about that experience. From 2004 to 2006, AABRA led the zoning opposition to Westrum's construction of 144 market-rate condos at 31st and Master Streets. The community was solidly opposed to the new construction because it was exclusively market-rate housing, while we wanted development that provided permanent living-wage employment, mixed-income housing and/or exclusively affordable 125 2/7/07 RULES - BILLS 060902, 903 housing. On December 29, 2003, a Zoning Board inspectors report, also included in Appendix A, that stated that Westrum had not -- I repeat, had not -- posted the zoning notices in accordance with the zoning code. Consequentially, the community was not informed of the hearing until the very day of the hearing, January 7, 2004. And yet in violation of ZBA Regulation 3, the ZBA held the zoning hearing and approved the requested variances. The Common Pleas Court affirmed the decision without addressing the violation of ZBA regulations. Excluding the Planning Commission meeting on January 16, 2001 AABRA has met with Westrum representatives on two occasions to discuss future development plans. Westrum was considering developing minimal numbers of affordable housing units and segregating them, but nothing 126 2/7/07 RULES - BILLS 060902, 903 definitive has been presented to us. Our organization opposes Westrum's plans as we currently understand them for precisely the same reasons that we oppose the first phase of their development. We want development that provides permanent living-wage employment, truly mixed-income housing or exclusively affordable housing.
We oppose Bills 060901 and 060902 because they are unconstitutional, violate the City Charter, lead to a dangerous concentration of power among large developers and public officials, increase the role of politics in the development process, and either reduce or eliminate opportunities for residents to control development in their respective communities. Zoning reform is essential. We need to place advocates for communities inside the ZBA, make the ZBA an elected 127 2/7/07 RULES - BILLS 060902, 903 body with short terms, add affordable housing mandates, redefine what we mean by affordable housing, enact court reforms so pro se and community organization appellates have a fair chance to achieve justice, and in general, reduce the influence of developers and politicians, not increase that influence. The proposed legislation is out of step with necessary reforms and the will of the public, as noted in recent public discourse. It must be rejected by City Council in favor of more comprehensive and sensible zoning reform. We will address Bill 060902 first because the second bill directly follows from it. Our specific objections are in three categories, the first with the establishment of the Industrial Transformation District. 1. The definition of an 128 2/7/07 RULES - BILLS 060902, 903 Industrial Transformation District is so vague that virtually any community in the City can include an ITD. The opening text in the Statement of Purpose seems to suggest that lack of specificity is intentional. Were they referring to residential neighborhoods experiencing high rates of vacancy? Precisely what does "high rates of vacancy" mean? Also consider the following text from Paragraph 5. The minimum district size shall be two acres of contiguous property. Does contiguous property include alleys, streets, buildings to be taken via eminent domain, buildings owned by the Redevelopment Authority? How to establish an ITD and which uses of permissible in an ITD may be defined by the bill, but which communities can be classified as an ITD? It's constrained primarily by which communities have a master plan prepared 129 2/7/07 RULES - BILLS 060902, 903 for it. Naturally, ITDs will only arise in poor African-American, Hispanic and, otherwise comparatively powerless communities. Since the unpleasant aspects of this bill will only apply to those communities there may be equal protection questions. This -- secondly this, bill 11 does not state who can define a master plan, only that it has to be reviewed not necessarily approved by the Planning Commission. Nothing prevents a developer from creating a master plan and submitting it to the Planning Commission, and since the Planning Commission is not required to post notices of its hearings, or even to have hearings per the City Charter, the community might never learn about any hearing other meeting where the master plan is to be voted on. Development constraints in the 130 2/7/07 RULES - BILLS 060902, 903 community could be effectively auctioned to the highest bidder in some backroom full of developers, all campaign contributors to the District Councilperson presented innocently to the Planning Commission, approved by the Planning Commission, and our communities would be none the wiser. Where is our due process? In fact, that is similar to what we learned at the Planning Commission meeting on January 16th. Westrum's architectural diagrams are essentially a master plan for large portions of Brewerytown. And per this legislation, there was no review by the Zoning Board and no 18 orange notices posted for the Planning Commission meeting at which it was considered. If not for e-mail notifications by the Planning Commission, we would have known nothing about the meeting. The Planning Commission voted to table the legislation. They 131 2/7/07 RULES - BILLS 060902, 903 concluded that they did not have sufficient information to make a decision. The legislation was unacceptably vague.
The lack of community involvement required in the process was unacceptable. They wanted Clarke and whatever supporters there are in the community of this legislation to testify before them. They wanted Clarke to explain the legislation to his district, and they were troubled by the fact that legislation with citywide impact has had so little public discussion. In the meantime, they wanted Clarke to postpone consideration of his legislation. And yet, the Planning Commission's concerns are non-binding, so Council was free to take up the measure today, even before the Planning Commission's minutes from January's meeting have been approved. Number 3. The bill does not require the ZBA to approve a master plan 132 2/7/07 RULES - BILLS 060902, 903 or the establishment of an ITD, only that the Planning Commission must offer a recommendation on them, and City Council must approve them. Neither this proposed legislation nor the City Charter require the Planning Commission either to hold public hearings regarding its consideration of a master plan or to notify the public of such hearings. Without notification, there's effectively no due process accorded the community in the creation of an ITD at least through the Planning Commission stage. Mobilizing a community to attend a City Council hearing is too high a burden for most communities to bear. And district politics being what they are, a hearing for the approval of an ITD will often be a mere formality. Therefore, replacing review by the ZBA along with its requisite zoning notices and 12-day posting requirements, 133 2/7/07 RULES - BILLS 060902, 903 with review by the Planning Commission and a City Council hearing, as this bill 4 requires, denies communities inclusion in the development of a master plan, inclusion in the overall approval of an ITD, and any reasonable definition of due process. These bills, therefore, will be challenged on their constitutionality and, at best, will require complex litigation. S. Constitution and the City Charter is whether this legislation is morally or legally right, or whether this is good public policy. We argue that no District Councilperson should be permitted to substitute himself for community involvement and ZBA review in any new development, not to mention the kind of massive development envisioned by this legislation with its two-acre minimums. 134 2/7/07 RULES - BILLS 060902, 903 That is what this legislation effectively allows, and that is much too much power for anyone. If sitting City Councilpersons believe that they can responsibly handle that much power, then how will each of you feel after you leave office? Do you know whether the next Councilperson from your district will be as responsible as you? This is part of the problem with investing extraordinary powers in one individual and stripping that power from the general population. Such officeholders will not all be philosopher kings or particularly moral or particularly ethical. Once granted such powers, how can the people or the City as a whole profit? Number 4. This bill violates Section 4-600 of the City Charter. We're told that the City Planning Commission shall prepare and adopt from time to time and modify and have custody 135 2/7/07 RULES - BILLS 060902, 903 of a comprehensive plan of the City. It says that the City Planning Commission shall do these things, not developers, not City Councilmen. The second category of our objection is on the aspects of the bill 8 relating to obtaining zoning permits in an ITD. Once an ITD is established, a developer will still need to obtain a zoning permit to complete a given structure. Unfortunately, Constitutional, Charter, and public policy questions arise again. First, this bill, namely Paragraph 3, violates Section 4-604 of the City Charter. We're told that the City Planning Commission shall make recommendations to be transmitted to the Council through the Mayor.
Now, we'll be happy to explain more of this should the matter ever come to litigation, but I encourage you to investigate Section 4-604. Number 2. This bill permits an 136 2/7/07 RULES - BILLS 060902, 903 applicant for a zoning permit to bypass the ZBA when the Planning Commission determines that the application is essentially consistent with the master plan. Once you bypass th ZBA, according to this bill, there will be no further appeal possible to the Zoning Board. Again, this substitutes the Planning Commission for the Zoning Board, and because the Planning Commission doesn't require notification and the ZBA does, it effectively eliminates due process. Number 3. In cases where the Commission does not find that an applicant is consistent with the master plan, it can still approve it without any right of the community to appeal to the ZBA. Hearings will occur before City Council, but the community will have lost its opportunity to participate in the Commission's dialogue given that no hearings or notification of hearings were required at the Commission level. 137 2/7/07 RULES - BILLS 060902, 903 This is far less protection than is currently granted by the zoning code because all zoning hearings do require public notice. Why are we reducing the protections of the zoning code? Number 4. If the Commission votes to deny an application and forwards that recommendation to City Council, then City Council nonetheless approves the application as permitted under the proposed legislation, we would be entering a murky area that looks suspiciously like spot-zoning. The Pennsylvania Supreme Court has found spot-zoning to be unconstitutional, and, putting it mildly, reprehensible. Number 5. This bill would entrench the development goals of large developers or whichever unspecified agents had sufficient influence to author the master plan for an ITD. There is nothing in the legislation that 138 2/7/07 RULES - BILLS 060902, 903 would preclude adjacent residential areas from being included in an ITD. Since there's a maximum total square footage for all buildings in an ITD, large developers may very well race against residents to propose their projects first, then possibly sit on their approvals for years, preventing residents from creating additions to their homes or building on the family lot. A resident would need to obtain it support and legislation from their District Councilperson to obtain what amounts to a variance in today's parlance. What happens if residents disagree with the development goals of their Councilperson? What happens when political activists who are not liked by their Councilperson propose grassroots development for their land that conflicts with, for instance, unpopular market-rate development desired by their 139 2/7/07 RULES - BILLS 060902, 903 Councilperson? That was the case two years ago when I, on behalf of my organization, purchased 3117 Master Street, effectively denying Westrum an opportunity to build $300,000 to $400,000 condos there. There's additional information in Exhibit A on that entire process. We created Songhai City Cultural Center, which the RDA, at the request of Councilman Clarke, promptly took through eminent domain. A massive and extremely costly campaign was required to have Councilman Clarke and the RDA rescind the taking. This is the first community center to open in Brewerytown in decades, and it's all privately funded. But if the proposed legislation had been along two years ago, it simply wouldn't exist, and the community would be worse off. Gentrification would have a 140 2/7/07 RULES - BILLS 060902, 903 stranglehold where, now, the long-term residents have an anchor and a better chance to survive and props per there. The proposed legislation makes development far more politically charged, not last. It concentrates power in the hands of developers and the District Councilperson while removing it from the residents. This is precisely the wrong direction for zoning reform in Philadelphia.
We need more accountability and political independence from the ZBA along with greater opportunities for residents to determine the shape of real-estate development in their respective communities. And the third area of concern is procedural. This legislation has never been brought before my community and explained by Councilman Clarke. There is no apparent benefit to our community, but because this would likely speed development of unpopular projects, 141 2/7/07 RULES - BILLS 060902, 903 there's considerable benefit to wealthy developers that have access to the corridors of power in this city. And what about the residents of other districts? What have other City Councilpersons told them about this legislation? Do the residents of other districts approve of the fact that their right to be notified of potentially noxious developments going up in their backyards is being curtailed or eliminated? Isn't it your responsibility as District Councilpeople to tell them, engage their opinions. Don't you want to know what they think about this legislation? Because it affect them, not just the 5th District. Shouldn't your constituents know what you're up to before a public campaign against this legislation forces you to defend your vote right up to Election Day in May, then in November? In conclusion, on Bill No. 142 2/7/07 RULES - BILLS 060902, 903 060902, it usurps the power of the Planning Commission, usurps the power of the Zoning Board, is unconstitutional, violates the City Charter and works against the ability of a community to protect itself from noxious uses. We ask that the City Council reject this proposed legislation. With respect to opposition to Bill 060901, our specific objections are: 1. City Council should reject this legislation because it attempts to designate parts of Brewerytown and ITD but ITD who do not exist yet in the Code. 2. City Council should reject this legislation because it is based upon proposed legislation that we have already demonstrated to be unconstitutional, a violation of the City Charter, and otherwise unacceptably flawed particularly from a public-policy perspective. 143 2/7/07 RULES - BILLS 060902, 903 3. The proposed legislation is a regrettable attempt by our District Councilman, Mr. Clarke, on behalf of Westrum, to bypass the well-known objections that AABRA and the greater Brewerytown community have to Westrum's development plans and force an abhorrent project upon us. The City Council should have no role in this whatsoever. Councilman Clarke should come before his constituents and hear their thoughts, then accede to their demands. We will be happy to host such a meeting, Mr. Clarke. In conclusion, Bill No. 060901 is flawed because it is based on flawed proposed legislation and references designations not in the Zoning Code. We ask that City Council reject this proposed legislation. And I just want to give a few additional comments. I won't read everything on the last two pages. There is, we believe, 144 2/7/07 RULES - BILLS 060902, 903 overwhelming opposition to this in our community, as evidenced by the petition and as evidenced at a community meeting we held on January 25th at the Songhai City Cultural Center, where more than 50 Brewerytown residents and concerned citizens across the City braved the bitter cold to attend an information and strategy meeting regarding the legislation. There was nearly unanimous objection to the fact that our due-process rights are not going to be expanded but are going to be contracted by these bills. As well, we have an online petition that we started about three days ago, and it contains numerous by signers, residents of the City of Philadelphia that decry this legislation. Theresa Castille states that, quote, Those who represent the people should always inform those they work for well before introducing zoning changes.
145 2/7/07 RULES - BILLS 060902, 903 People deserve to be fully informed about development projects before one person decides something that would have an impact on where they live. Curt Constantine states: All people, no matter what their race, ethnicity, or economic status, have the right to fair treatment. Respect is due always to the people from the government, and without the government, the people will perish. And there are other comments there. Also, much of the support for this legislation comes from large developers and their subcontractors; we heard a lot of that today. And there is support by some community organizations. A lot of those community organizations are totally dependant on funding from developers or our district Councilman. One of those organizations is Brewerytown CDC, and you heard Mr. Azid Muhammad speak. 146 2/7/07 RULES - BILLS 060902, 903 We ask that Council weigh the independence of an organization or an individual when considering their testimony. We understand that the gentleman who spoke is no longer the executive director of Brewerytown CDC. And in Appendix C, we submit a flyer, we understand, was circulated by him where he attempted to fire his board, and we submit an article in the Philadelphia Inquirer that shows that the board terminated him. Any Memorandum of Understanding that Westrum has between Brewerytown CDC and themselves seems to be based on something we can't identify because we talked to two members of their board, and they were completely unaware of any -- any evidence of any Memorandum of Understanding. So we don't know what agreement Westrum has with any community organization operating within Brewerytown. 147 2/7/07 RULES - BILLS 060902, 903 Now, we should also add that owners of Westrum condos are also apparently supporters of this legislation, and I do not wish to question their motives in buying one of these properties or in supporting the proposed legislation. But Council should recognize that their interest in protecting property values, their own property values, must be weighed against the needs of a poverty-stricken community for mixed-income housing and the need for preserving our Constitutional rights. So I have other testimony. I won't go there, but if I could just have one more minute. I do want to say this were several comments made by others here. Mr. Muhammad, who spoke a little earlier from Brewerytown CDC, he said he was one of the founders. He said that gentrification is not an issue with this 148 2/7/07 RULES - BILLS 060902, 903 legislation, and we find that impossible to believe. We know that our community wants mixed-income housing. Market-rate housing in one of the poorest neighborhoods of the City simply doesn't make sense if it's exclusively market-rate housing. We asked Westrum for mixed-income housing. And I believe it's -- it was Kevin Hanna who said they're putting mixed-income housing there. They certainly are not putting mixed-income housing on the acres that would be included by this legislation, 060901. According to communications we've had with Mr. Lonie and a conversation I had with Darrell Clarke -- and I'm sure he will respond to that -- they are proposing that they put affordable housing, so-called affordable housing, on adjacent lots on Myrtlewood Street and on Hollywood 149 2/7/07 RULES - BILLS 060902, 903 Street. That's economic and social segregation. What we want is to have an exclusive community. We welcome responsive development, we need responsible development. But what Westrum is proposing, what these two bills would allows, is that Westrum can billed market-rate housing, and we can do absolutely nothing to stop them. So we believe that this legislation, as it impacts throughout the City, should be carefully analyzed by all Councilpeople, and there should be hearings in your district, meetings with your people before you approve this legislation. Thank you.
Thank you very much. Are there any questions or comments from members of the committee? (No response.)
Thank 150 2/7/07 RULES - BILLS 060902, 903 you, sir. Our next witness, Mr. McPherson? (Unannounced witness comes forward.)
Like Al said, a lot of people didn't get on the list, and I don't understand it.
I 151 2/7/07 RULES - BILLS 060902, 903 don't, either.
I mean, even in the first hearing, there was a lack of people in the community, you know, even getting to the meeting or even knowing about the meeting. And now, when somebody called, it seems to be like a problem. Why it wasn't just a list or something that we don't have to go through the person that's doing it because, as we know, in this city, it's hard for -- to get the City workers to do they job. So evidently, she's not doing her job. But I'm not just going to go there. There was a mistake. It don't seem like it was a mistake; it just seemed as though this is another game being played over again. And that needs to really be stopped.
I know how hard Miss Ortiz works. And believe me, I do not believe that -- 152 2/7/07 RULES - BILLS 060902, 903
Well, the fact of the matter is, my name is Martez Cooper, and I --
And you're not going to talk over me. (Indiscernible; parties talking over each other.)
Excuse me. If you don't mind, we're going to continue on with the list. And if you care to wait, you're free to do so. Our next witness, please? MR. McPHERSON: Al Byrne Brown and Jihad Ali, Milica Stojancic, Walter 153 2/7/07 RULES - BILLS 060902, 903 Mehl, and Mike Liggera. (Witnesses come forward.)
Please identify yourself for the record for the record.
Good morning, Council Chairperson and the committee. My name is Al Byrne Brown. I'm the owner of a business in the community. I'm also an activist for not minority inclusion on projects but more specifically black inclusion on projects and especially when construction work is being done in the City of Philadelphia as well as in the community. I'm also a contractor in construction in the community and also a property owner in the community. I'd like to speak on behalf of the construction company. I'm the owner of a residential construction company based on 19th Street in Philadelphia and also a union construction company that does union construction work. 154 2/7/07 RULES - BILLS 060902, 903 We were awarded a competitive bid for the project that Westrum is doing over in the Brewerytown area. It has provided substantial work for our business on the union basis. We're a union steel erection company. And in the community as well, we're a residential company that employs in the community. We train, we hire, and we also bring about work within the community. The Brewerytown project, we were awarded that project in 2005, and we were awarded approximately $212,000 for that project. We also won for a competitive bid for the Penrose Property headquarters, which happened to be about a $500,000 project for complete welding and (indiscernible) erectors. And due to the quality of work we've done and the performance and the scheduling, Westrum went beyond the means, and we're currently working on 155 2/7/07 RULES - BILLS 060902, 903 several different Westrum projects throughout the City. And so I just wanted to give testimony in that behalf towards Westrum that they are, in my terms, fulfilling the minority qualifications for a project which they didn't really have any minority purposes beforehand.
Thank you very much. Are there any questions or comments from members of the committee? (No response.)
Okay. And I'd also like to say that I, believing in the vision in that area, I also purchased, and I am a homeowner in that community as well.
Thank you very much. Who's going to testify next?
Good morning, panel. Good morning, Madam Chair. My name is Jihad Ali. I wear a lot of different 156 2/7/07 RULES - BILLS 060902, 903 hats, but one of the hats I'm most proudest of is the fact that I'm an activist for inclusion of African-American and disadvantaged contractors on union construction sites -- and non-union, for that matter. But one thing, I was asked to come here today by Al Brown because one of the other testifiers mentioned that some of us have a -- some people are paid to come. But I'd like to put on the record I don't have anything to do with Westrum, I don't receive any funding from Westrum, I'm not one of the groups that he talked about that they have contracts to come and do exactly what I'm doing. But one thing that I really wanted to come when I knew about this was how hard that I know that I fought and how Councilman Clarke has fought and how Madam Chair has fought, Councilwoman Brown has fought, and Councilman Donna 157 2/7/07 RULES - BILLS 060902, 903 Reed-Miller and the late Mr. Cohen had fought on behalf of inclusion. I know about all of the history that has been spoken in this Council about inclusion. You know, recently, the New York Times had an article about this cycle of dysfunction particularly in African-American communities because of the violence, and one of the things I pointed out is that the only way to break the cycle is through education, jobs, and to instill hope in the youth. Well, when you have a developer come along like Westrum -- and I really -- even though I know that Westrum didn't have a written agreement, as my understanding was, I know that nothing would go down in Councilman Clarke's neighborhood without some inclusion. And when you have a developer that comes along and he says, You know what? Okay, I'm going to live up to my obligation, and I'm going to do 158 2/7/07 RULES - BILLS 060902, 903 inclusion. But when he moves outside of that district and he still gives inclusion, you really have to think, Well, maybe he really is committed. So, you know, I wanted to come because a lot of times I have been in this chair hollering, hollering, hollering, and only recently can I come and say that we really have a developer that is really living up to what he said. But also, one of the other hats that I do wear is, I'm a development partner in some other stuff in the city in other areas of the city, but the community group -- and I really would like to commend this Council and the community activists that came up, because that was handled really well. You gave him his opportunity to be heard, and that's really what we say it's all about. And I really -- I comment you, I commend him, because that's the democratic process. 159 2/7/07 RULES - BILLS 060902, 903 But one thing is, when you look at development in the city, you know, there's terms that we talk about. We talk about affordable housing, but really, that's like a two-sided edge. Some people talk about housing that you can afford, but there's a standard that we really need to live by, and that's the standard that 30 percent of the disposable income goes towards housing. That's the affordable housing. The community talks about they want a need for having affordable rental housing, and it's not that they oppose the market rate, but they want that affordable housing issue solved. One thing I'd like to propose to you, Councilman Clarke, is, when Secretary Hanna came up -- and I know how hard Secretary Hanna works, I know how hard Debra McCullough works, and all of you work to get housing done. What people on this side of the room forget about is that financing. 160 2/7/07 RULES - BILLS 060902, 903 But there's agencies like PHFA and developers who would piggyback on that site to do affordable housing. Well, those dots aren't connected. So I would like to suggest to Mr. Hanna to talk to some of the African-American developers who Mr.
Hanna is familiar with, because a lot of times when people sit at this table, they speak from a point of apparent knowledge and actual knowledge. Well, there's some actual knowledgeable developers out there that can help, and maybe if we ail all get together, we can solve this. But I think that -- the real issue I came down here was to say the guy practices what he preaches. He gives African-American contractors opportunities, and that opportunity is a profitable opportunity. 'Cause one thing Mr. Brown said was he made so much money that he bought a market-rate home for investment. 161 2/7/07 RULES - BILLS 060902, 903 So we need to just slow down for a minute. A lot of times people say, Oh, well, these guys are making, money, and they're really just, you know, putting money -- changing hands. They can't pay their taxes. But when we can have a successful developer come in and include African-American contractors, and they can make a profit, that's what the system is all about. So I thank you again for giving me this opportunity once again to come down here and tell you a different story.
Thank you very much. Please identify yourself for the record.
Good afternoon. My name is Milica Stojancic, and I'm a homeowner across the street from Westrum's development on 31st and Balt Street. I'm here just to offer support 162 2/7/07 RULES - BILLS 060902, 903 for Bills 060901 and 060902. I -- I'm supporting the bills regarding Westrum Development Company's ongoing revitalization efforts and plan for the master plan, and I hope that this is going to become a reality, and I'm in favor of the proposal.
Thank you very much. Are there any questions or comments from members of the committee of any one of the three witnesses? The Chair recognizes Councilman Clarke.
Thank you. Thank you, Madam Chair. Madam President, I just wanted to follow up on one of the witness's testimony with respects to affordability. As you know -- and I don't know how many know that we in Council have sponsored -- I'm actually the prime sponsor of the inclusionary housing 163 2/7/07 RULES - BILLS 060902, 903 bill, and it is our hope that, as you had offered, that African-American and all contractors participate in that process that Mr. Hanna is currently setting up. And I hope that everybody in this room who has a position one way or another, I think everybody believes that there should be affordable housing throughout the City of Philadelphia, not just simply in North Philadelphia or not just simply in South Philadelphia. And the intent of that bill is to make sure that a percentage of all new housing starts have set aside for inclusionary housing. So I'm glad that you've offered to participate in that process, and we want to make sure that everyone has an opportunity to live anywhere in the City and not simply a geographical area that has been certified as a blighted area. So thank you for your offer.
Thank 164 2/7/07 RULES - BILLS 060902, 903 you. Any other questions or comments from members of the committee? (No further questions.)
Thank you very much. Our next witness? MR. McPHERSON: Walter Mehl and Mike Liggera. (Witnesses come forward.)
Good afternoon. Please for identify yourself for the record.
Good afternoon, Madam Chairperson and members of the committee of the board of rules. My name is name is Walter Ernst Mehl, Jr. My address is the 3100 block of Master Street, Philadelphia, PA, 19121. I would like to offer the following testimony on Bill 006901 and 060092. Firstly, I was born and raised in the City of Philadelphia. I received 165 2/7/07 RULES - BILLS 060902, 903 my education at the Thomas K. Finletter School and am an honor-roll graduate of Olney High School. I owned and operated a funeral home in the Lawndale section of the City for many years. I am a member of St. Paul's Evangelical Church, Olney, and attend St. Luke's the Epiphany Church in Center City, Philadelphia. I am a member and past district deputy grand master for the Grand Lodge of Pennsylvania. My blue lodge meets in the Chestnut Hill area of this city. I am also a member of the Lulu Temple Shrine Masons, which our Children's Hospital is affiliated with the Temple Hospital on Broad Street. This being said, I would like to paraphrase by saying I am a faithful Philadelphia resident. We, the residents of Brewerytown Square, humbly and peacefully assemble this day for the 166 2/7/07 RULES - BILLS 060902, 903 express of voicing our optimistic view relative to the zoning ordinance in this area of renaissance, one of many in our grassroot areas in the city, is essential for the preservation and continuance of our fair city. We come here today with positive vision as faithful and loyal citizens, ready to voice our thoughts and stand firmly united for our rights. Be not fooled by the number of residents that are present, for there are many more that, because of their jobs, were not able to be here today. However, they do stand for this same goal. We recently purchased property, full of pride, living in an area rich in historic value as our great City of Philadelphia. The City of Philadelphia and its City Council should be equally impressed by the efforts of not only the builders who chose to set their sights in this area but also the purchasers who 167 2/7/07 RULES - BILLS 060902, 903 automatically became investors not only for themselves but in our City revenue. Brewerytown is a fantastic value for its easy access to our highway systems, and is very close to Center City, our many museums, cultural areas, and businesses. Simple logic dictates that if anyone were to clean up, improve, build, and make a once-desolate area vital again, this should be supported. I fully support the master plan and share in the great potential of the neighborhoods and the Girard area commercial area and want to be a part of its rebirth. I applaud the fine efforts of Darrell Clarke in making this plan a reality. Brother Steven Girard, a well known historic figure and Mason, would also be pleased with these fine labors. Since I have lived here, I have been privileged to meet many wonderful people of many ethnic backgrounds, 168 2/7/07 RULES - BILLS 060902, 903 cultures, and walks of life. It has been truly enriching to see how well we can dwell together in peace and harmony. The concept of mixed-income neighborhoods where housing opportunities are available for all is a must. This makes for a more wider definition of the melting pot. I enjoy being so very close to Kelly Drive and often bike there when the weather is much more warm. N. nurse. There are many more other areas in this city which are zoned industrial and are sitting abandoned. This creates a haven for unsightly, unsafe, and illegal activities. This should be a new beginning for this and many other existing areas in our city that would yield for a stronger tax base 169 2/7/07 RULES - BILLS 060902, 903 revitalized by tax-paying voting citizens. In closing, let us not forget and be thankful that we are permitted to assemble in chambers as beautiful as this for the preservation of our neighborhoods and our city only made possible by the sacrifice of the men and women who serve and die that we may be free.
We urge City Council to pass Bill 060901 and 060902 to provide zoning structure to make this master plan a reality. Thank you for the opportunity to come before this Council.
Thank you very much. I would just like to make a statement. We do have a number of witnesses in the audience whose names appear on the list that was given to us. If you have prepared testimony and you feel that you must leave, we will 170 2/7/07 RULES - BILLS 060902, 903 definitely make your testimony as part of the that will be given to the stenographer; and, as I said, it will be made part of the record. So if you feel that you must leave and have prepared testimony, please let us know that. All right, sir, please identify yourself for the record.
Good afternoon. My name is Michael Liggera. I am a homeowner in Brewerytown Square, and I'd like to offer the following testimony on Bills 060901 and 060902. My wife and I moved into Brewerytown Square in December of 2005 from a rowhouse on the 2700 block of Parish Street. We moved into our new home with the hopes and expectations that we would be a part of a new, vibrant community in the Brewerytown section of Philadelphia, and since our move, we are proud to call ourselves Brewerytown residents. 171 2/7/07 RULES - BILLS 060902, 903 We have seen many positive changes as more and more homeowners move into Brewerytown Square. What was once a vacant, deserted area is now becoming a lively place to live. However, without future development in Brewerytown, our hopes and our expectations will remain largely unfulfilled, and the potential for this community in this area of Brewerytown will be squandered. I ask that you allow Westrum to continue its development plan so that Philadelphia can count Brewerytown in its list of vibrant neighborhoods. Thank you.
My name is Tracy Gordon. I understood you called me earlier; that's why I'm up here. 172 2/7/07 RULES - BILLS 060902, 903 I'm from the Concerned Citizens for the Preservation of Southwest Philadelphia. I got information in regards to these bills. I'm still trying to basically, as a home owner and a resident -- 'cause I think that's a clear distinction, owning a home, being a resident 'cause you can own homes all over Philadelphia, but living in the area makes a lot of difference too. So I was really concerned, Madam President, and you're my councilwoman as well, as I look around the city and most particularly my neighborhood. And I grew up in North Philly. I am concerned with a few things that I heard and a few things that I'm understanding about the bill. Some things that come to my mind through the testimony was the ten-year tax abatement, affordable housing, mixed use, supermarkets that don't want to come into urban or African-American neighborhoods; quite to 173 2/7/07 RULES - BILLS 060902, 903 the contrary is wrong, because we got a Save-A-Lot coming to my neighborhood people are waiting for. We just got the big supermarket that never left, Acme, and all up Chester Avenue. We got one on 56th and Market. So black people eat supermarket food, so I don't believe that. And then the gentrification -- homeowners versus residents of Philadelphia. Now, I got the article that Erni Young from the Daily News did the other days, "Lots of Condos to Suit Your Needs," and this is a quote from Westrum that kind of disturbed me sort of because I didn't hear them quote this here, but in briefly, it says that Westrum are building homes in the Brewerytown -- 700 of these units for $269,900 for a perimeter units and $415,000 for a courtyard units. I'm not too sure what type of income you have to have to be able to 174 2/7/07 RULES - BILLS 060902, 903 afford that, but I know that's not affordable homes, okay? And I'm not too sure that the homes that are in the surrounding area are some of the indigenous people that have stuck it out, Madam President, through, you know, the drug wars, through the redlining -- all this stuff is factual -- through the just not being able to get finances, and all other things that kind of crept into their neighborhood of Brewerytown, which, a/k/a, is North Philadelphia. I know that we're trying to change names. You know, like West Philly, you know, we don't say "Pascal" and all that, but now, all of a sudden, North Philly is North Central and there's Brewerytown and Francisville. And you know, they trying to, you know, break it up. But I just know, like, whenever I come up 29th Street some summers, they have a whole block, like a 20-block radius blocked off. And I -- I was very 175 2/7/07 RULES - BILLS 060902, 903 surprised 'cause I said, you know, real people live in this area, real people who have stuck it out in Philadelphia for this long period of time. So I'm trying to figure out, you know, who can afford a $415,000 courthouse. And then should the community not be concerned when John Westrum, CEO, quotes, "I have coined" -- this is a quote from the Philadelphia Daily News that they said he quoted, so it's a quote: "I have coined the phrase that we don't build affordable housing; we build housing people can afford." Company CEO John Westrum quipped, "We have programs now that can put you into a home for $1500 to $1800 a month." And so, to me this statement to me is very callous because the people that are indigenous in that area, Madam President, it's no way in the world that they can afford this. And as a matter of fact, I 176 2/7/07 RULES - BILLS 060902, 903 heard testimony that they said people are tax-paying. Well, from what I understand -- and correct me if I'm wrong, Councilman Clarke -- is, the homes that are being built at Westrum right now is -- has a ten-year tax abatement?
So that means that they're not paying any taxes that we, the indigenous -- I'm not saying that I'm in Brewerytown, but the indigenous -- I'm still paying real-estate taxes, so I don't really believe that in ten years, which my property value has doubled, which is, to me, a two-way school, a good thing and a bad thing. But if -- if this property value, which it will, if it goes from 400,000 -- if it doubles like mine doing and it goes to 800,000, which is close to a million dollars, and then ten years from now, the tax abatement is gone and 177 2/7/07 RULES - BILLS 060902, 903 all that stuff, then "ka-ching" to anybody that has invested into Westrum, because then they can just sell off the profit. But what happens to people who cannot afford this, that's been paying the taxes? So all I'm just saying is, one, on Bill No. 060902, this will create a new zoning designation called ITD. The language is so vague that any two district with two contagious [sic] areas of vacant land anywhere in the city can qualify. This legislation would effectively eliminate a community's right to contest unwanted real estate development. That's one why I'm here. And, two, Bill No. 060901 would change the zoning classifications of all of the parcels of land in Brewerytown that surround Songhai City, which, by the way, I had supported for that not to be considered. At one point, Songhai City, which is a nice-looking cultural center, beautiful, but that was 178 2/7/07 RULES - BILLS 060902, 903 considered blighted even though it got contested and reversed. So in closing, what I'd like to say is, I just think at this point that it need to be districtwide hearings on this, because this particular -- these two particular bills are going to set a precedent. And all I'm saying is, the constituents who vote for you all mostly, mainly in most of the districts cannot even dream or qualifying for this type of development in their neighborhood. So I'm just saying that maybe it can be tabled and reconsidered because the people that vote for you all -- and I voted for you, Madam Councilwoman -- that it should be considered so that this doesn't set a precedent because what I'm hearing is ten-year tax abatement, affordable housing. And when they say "affordable 179 2/7/07 RULES - BILLS 060902, 903 housing," could you please tell me what "affordable housing" is because according to John Westrum, he says he is not -- we don't build affordable housing; we build housing people can afford. So that's Puff Daddy and the rest of 'em who can afford that or I guess whoever affords that, you know? So that's -- that's -- that's my testimony. I thank you for the time. (Applause.)
Thank you, Tracy. Are there are any questions or comments from anyone at the witness table? (No response.) MR. McPHERSON: The next panel consists of Teruko Tomaki, David Estes, and Lynn Kujath.
Madam Chairman, if I may. I believe the people who are remaining to testify are all in support. And in the interest of time, I thought 180 2/7/07 RULES - BILLS 060902, 903 that what we would do is just have their testimony submitted; they're agreeable to that, as I understand it.
Well, that's wonderful. MR. McPHERSON: We have one other person. Martez Cooper.
That will be fine, but what we will do is, we'll hear testimony from this individual. And then as to the others, what I would rather do is have them place it in the record in terms of their testimony.
And then we can conclude with Mr. Westrum, who, I'm sure, has a few comments to share.
Yes. My name is Martez Cooper, and I'm the president of 181 2/7/07 RULES - BILLS 060902, 903 the Brewerytown CDC. And to my understanding, this morning, Mr. Muhammad testified. Mr. Muhammad is no longer a part of the Brewerytown CDC, and he has no right to come here and testify on this bill or any other bill. And I hope City Council will acknowledge that. My name is Martez Cooper, and I definitely oppose this bill for everything that it stands -- and everything that it stands for because here we go again. This is just another fine example on how far Darrell Clarke and these arrogant developers are willing to go to manipulate and deceive our community once again. Because on one hand, they tell us that the development will be good for everybody; but on the other hand, they turn around, with the help of City Council, and cut us completely out of the picture and cut us completely out of 182 2/7/07 RULES - BILLS 060902, 903 the picture as a community. Excuse me. Do anybody work in here? This is -- do any -- this -- I didn't see anybody do this when the other people was --
As I was saying, on the other hand, they turn right around and cut the community completely out of the picture. This is very disrespectful for our city council and mayor to be a part of such a violent conspiracy towards our community. And I say "violent" because the violence and the drugs in our community do not work with anyone but the developers. The drugs went in; no 20 one spoke on that; they are still there; no one spoke on that. The murders, rape; it's still there; no one spoke on that. Maybe that is not even important. I don't understand City Council. You know, is you all for us or 183 2/7/07 RULES - BILLS 060902, 903 for the developers? I mean, that's all I really want to know. And as far as the Brewerytown CDC, we do not support this bill at all, and that's from me and the board of members. And I'm asking you, Darryl, Clarke, you know, what's up with that? As far as -- you know, you didn't even have a meeting with us. We called on you so many times. I've came to your office and tried to talk to you about this matter and the violence which is so much plaguing our community. This is -- you know, this city is out of control. And for people to want to bring this development into our community with a community that's out of control as it is disrespectful to us.
The Chair recognizes Councilman Clarke. (Mr. Cooper walks away from witness table.)
Just 184 2/7/07 RULES - BILLS 060902, 903 a moment sir.
You asked me a question. Mr. Cooper, first thank you for your testimony. I acknowledge that there are some issues with respects to the CDC; other members are not. That issue has to be resolved one way or another, and I'm fully willing to do that. With respects to the issues in the neighborhood, I'm fully aware of it, I'm over there all the time, and I'd be more than willing to sit down with you, your organization, and anybody else to talk about some of the existing problems because I do believe that there --
It's totally unrelated to the bill. I mean, the reality is --
I don't want to talk if it's concerning -- I don't want to talk if it's -- if it's -- 185 2/7/07 RULES - BILLS 060902, 903
Madam President, I may actually have been out of turn. In the interest of trying to have everybody focus their attention, you know, on the record, I've been approached by everyone saying that they've taken the day off and they are so in support of this ordinance, and in the face of what they believe is some stray adverse comments, that they would pillory me from post to post if they can't testify a hundred percent in support of the ordinances today. So I stand corrected and I'm hopeful that we will all hear from them because they speak from the heart, and I just heard it ringing in my ears.
All right. Thank you. Please identify yourself for the record and proceed with your testimony. 186 2/7/07 RULES - BILLS 060902, 903