COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON RULES3 Room 400, City Hall6 Philadelphia, Pennsylvania Tuesday, November 15, 20117 10:15 a.m. PRESENT: COUNCILMAN JAMES KENNEY, CHAIR10 COUNCILMAN DARRELL CLARKE COUNCILMAN FRANK DiCICCO11 COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM K. GREENLEE12 COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN13 BILL 110756 - An Ordinance amending Title 9 of15 The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by adding16 a new Chapter, entitled "Agents and Sheriff's Sales"...17 BILL 110662 - An Ordinance amending Title 1418 of The Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-1631,19 entitled "Lower and Central Germantown Special District Controls"...20 BILL 110672 - An Ordinance repealing an21 Ordinance (Bill No. 110185)... 22 - - -23 24 25 2 1
Good2 morning, ladies and gentlemen. The Rules3 Committee is -- excuse me.4 The Rules Committee is in5 session with a quorum present -6 Councilmember DiCicco, Councilmember7 Miller, Councilman Greenlee, Councilman8 Goode, Councilmember Reynolds Brown and9 Councilman Kenney, the Chair.10 We are hearing testimony and11 having a public meeting on three bills.12 The first is Bill No. 110756, which is an13 ordinance amending Title 9 of The14 Philadelphia Code, entitled "Regulation15 of Businesses, Trades and Professions,"16 by adding a new Chapter, entitled "Agents17 and Sheriff's Sales," specifying18 conditions under which any person may19 assist or act on behalf of another person20 in connection with the recovery of21 surplus funds due to the owner upon22 completion of a Sheriff's sale of such23 owner's property; all under certain terms24 and conditions.25 3 11/15/11 - RULES - BILL 110756, ETC.1 The Chair recognizes Sheriff2 Deeley for testimony.3 (Witness approached witness4 table.)5
Good6 morning, Sheriff. Please pull that7 microphone close to you.8 SHERIFF DEELEY: Good morning.9
Thank you.10 Good morning and identify yourself for11 the record.12 SHERIFF DEELEY: Good morning,13 Mr. Chairman and members of the Rules14 Committee. My name is Barbara A. Deeley.15 I am Sheriff of Philadelphia.16 When I became Sheriff a little17 over ten months ago, one of the first18 problems I confronted was the handling of19 unclaimed and escheatable funds in the20 custody of the Sheriff's Office. With21 the assistance of an outside accounting22 firm and the staff that I reorganized, we23 began the slow, tedious and laborious24 process of ascertaining the appropriate25 4 11/15/11 - RULES - BILL 110756, ETC.1 status of these funds.2 One situation immediately came3 to my attention. This situation was that4 finders, expediters, skip tracers -- as I5 call them, bounty hunters -- and other6 similar individuals were preying on7 unknowing defendants in foreclosure8 cases. Many of the bounty hunters charge9 these unknowing defendants fees between10 35 to 40 percent, contrary to state law11 which caps fees at 15 percent, with full12 disclosure to defendants of all monies13 due to them.14 I want to thank Councilman15 Kenney and his staff who I met with this16 summer when we discussed this matter of17 unclaimed funds. This bill, which18 Councilman Kenney and Councilman Greenlee19 have co-sponsored and which has my total20 support, will go a long way in stopping21 these predatory practices.22 At this time, I must state that23 the citizens should contact my office if24 they believe that they are due money from25 5 11/15/11 - RULES - BILL 110756, ETC.1 a Sheriff's sale. My Post Adjudication2 Unit, which is headed by Sergeant Monte3 Guess, who is here today, will assist4 them in getting any monies due to them5 without charges or fees.6 Many of you have seen the7 public service announcement which I8 recorded in September and which is now9 playing on public access cable channels.10 The PSA gives not only the contact11 numbers of unclaimed funds, but also the12 information that can be helpful in13 preventing a foreclosure sale.14 Thank you, and I am happy to15 answer any questions at this time.16
Thank you,17 Sheriff. I want to thank you for your18 diligence in rooting out this problem and19 bringing it to our attention so that we20 could address it in a quick fashion.21 Any questions for the Sheriff?22 (No response.)23
Seeing24 none, thank you very much.25 6 11/15/11 - RULES - BILL 110756, ETC.1 Is there anyone else in the2 room to testify on this bill?3 (No response.)4
Seeing5 none, thank you very much.6 SHERIFF DEELEY: Thank you.7
We will8 move now to Bill No. 110662, an ordinance9 amending Title 14 of The Philadelphia10 Code, entitled "Zoning and Planning," by11 amending Chapter 14-1631, entitled "Lower12 and Central Germantown Special District13 Controls," to further define the14 Prohibited Uses.15 (Witness approached witness16 table.)17
Please18 identify yourself for the record and19 proceed with your testimony.20
Good morning,21 Councilman Kenney and members of the22 Rules Committee. I'm Marty Gregorski, a23 Senior Planner at the Development24 Division of the Philadelphia City25 7 11/15/11 - RULES - BILL 110756, ETC.1 Planning Commission. I'm here to testify2 on Bill No. 110662, which was introduced3 into City Council on October 6th, 2011.4 Bill No. 110662 amends the5 Lower and Central Germantown Special6 District Controls, affecting all7 commercially zoned properties located in8 the area bounded by Old Stenton Avenue,9 Logan Street, Belfield Avenue, Baynton10 Street, Walnut Lane, Wayne Avenue,11 Rittenhouse Street, Morris Street and12 Berkley Street. The District was created13 in an effort to stop the proliferation of14 certain uses which, when concentrated in15 one area, can be undesirable, such as16 beauty shops, retail sales of cell phones17 and pagers as a main use and retail sales18 of variety/general store merchandise.19 Bill No. 110662 removes the20 restriction on variety/general store21 merchandise stores, provided the store22 exceeds 7,500 square feet.23 The legislation stems from a24 controversial decision of L&I whereby a25 8 11/15/11 - RULES - BILL 110756, ETC.1 Dollar Tree store was granted a2 matter-of-right permit by claiming that3 the store was actually a grocery4 store/supermarket. The permit was5 appealed to the Zoning Board of6 Adjustment, which has remanded the matter7 back to L&I for reconsideration with the8 information presented at the hearing.9 The passage of Bill No. 110662 would10 allow the permit in this matter to be11 issued as a matter of right.12 The Philadelphia City Planning13 Commission at its meeting of October14 18th, 2011 recommended disapproval for15 Bill No. 110662. The Commission did so16 because it was felt that the passage of17 this bill could undermine the zoning and18 appeals process currently underway. The19 Zoning Board of Adjustment has heard an20 appeal of the original L&I approval and21 has remanded the approved permit back to22 L&I for reconsideration based on new23 information that was brought to light at24 the Zoning Board. L&I is currently25 9 11/15/11 - RULES - BILL 110756, ETC.1 reviewing transcripts of that appeal in2 preparation for the re-issuance of a3 decision.4 This concludes my testimony. I5 would be happy to answer any questions6 you may have.7
Are there8 any questions for Mr. Gregorski?9 (No response.)10
Seeing11 none, Yvonne Haskins, please, and12 Christine Sims, James Foster.13 (Witnesses approached witness14 table.)15
Please16 identify yourself for the record and17 proceed with your testimony.18 Before you start, I'd also like19 to -- the reason why I'm going in this20 order is, I want to make sure that the21 people who are supporting the bill have22 an opportunity to address the concerns23 that are raised here that may have not24 been raised when you first testified. So25 10 11/15/11 - RULES - BILL 110756, ETC.1 I think it makes for a better record that2 way. So thank you.3 Please identify yourself for4 the record and proceed.5
No. Please8 proceed with your testimony and then9 we'll go each one.10
I'd like to read11 a portion of my testimony before making12 some remarks.13 As the attorney for seven14 community and business organizations in15 the Germantown community, I'm privileged16 to make this statement on their behalf17 and on behalf of several thousand18 petitioners to request that City Council19 reject this amendment to the Germantown20 overlay. It's going to allow more21 variety stores in our commercial22 district. We already have an abundance23 of variety stores and discount stores in24 that district.25 11 11/15/11 - RULES - BILL 110756, ETC.1 On September 28th, 2011, I2 represented these organizations and3 residents in an appeal before the Zoning4 Board of Adjustments against the illegal5 permit issued for a Dollar Tree to the6 developer of Chelten Plaza at 301 West7 Chelten Avenue. Seven other8 organizations provided support letters at9 that appeal, including the Germantown10 Historic Society, Historic Germantown,11 even West Mt. Airy Neighbors, to name a12 few. Over 3,000 signatures on petitions13 were collected and presented to the ZBA.14 Without any support from our District15 Councilwoman, we succeeded in convincing16 the Zoning Board that the facts stated in17 the developer's permit need to be18 reevaluated. This resulted in a remand19 of the case, and that's the first time in20 history of the Zoning Board that it has21 remanded a case back to the Department of22 L&I to consider the facts presented in23 that case. And before the ink was dry on24 that Board decision to remand the case,25 12 11/15/11 - RULES - BILL 110756, ETC.1 Councilwoman Miller chose to change the2 law by proposing this amendment so that3 the Zoning Board decision would be moot.4 And I think it's evident by having,5 quote/unquote, supporters of this6 amendment who will benefit from this7 amendment reinforces the case we're8 making to you today.9 Her amendment is in line with10 the expectations of the developer's11 lawyer, Carl Primavera, who is on record12 boasting about getting this solution from13 City Council as a way to get around the14 overlay. It's in the way of good15 development.16 Within 48 hours after the17 Zoning Board decision was made,18 Councilwoman Miller sponsored this bill19 to amend the existing overlay by20 permitting as-of-right a variety store, a21 dollar store, another dollar store, that22 is 7,500 square feet or more. The23 developer's dollar store just happens to24 be 10,000 square feet.25 13 11/15/11 - RULES - BILL 110756, ETC.1 This amendment is impermissible2 spot zoning.3 And I'll stop reading here just4 to urge upon you our concern that because5 this is an amendment being presented to6 this Council, to this Rules Committee, by7 a District Councilperson for a change on8 a matter on a zoning district in her9 district, I understand that there's a10 tradition, that there's an informal rule11 in City Council that no one will vote12 against her. We've been told by certain13 City Councilpeople that we're wasting our14 time coming here speaking to you, and I'm15 hoping that that's not the truth. I'm16 hoping that you will hear us today in our17 plea that you not pass a law that may18 have illegality to it at the very least.19 And we're hoping today that as you20 consider this case, that you will at21 least consider going to the City Law22 Department to ask for a legal opinion23 about its legality.24 We've asked -- you've heard25 14 11/15/11 - RULES - BILL 110756, ETC.1 from City Planning Commission that they2 are against this because it goes against3 the general zoning scheme and the general4 due process that is in place. Therefore,5 we're asking that this Rules Committee6 please not vote this bill -- in favor of7 this bill, that this Rules Committee8 listen to the community and listen to the9 voices that you're hearing here today.10
Thank you11 for your testimony.12 Please identify yourself for13 the record and proceed.14
My name is Kristin15 Simms and I am a resident of Germantown.16
I have lived in19 Germantown as an adult for almost ten20 years, and as a girl, I went to GFS. So21 I'm very familiar with Germantown's rich22 history and diversity. And over the23 years, I have just seen the continual24 decline and decrease in our economic25 15 11/15/11 - RULES - BILL 110756, ETC.1 corridor due to greed, corruption and2 apathy, the continuance of variety3 stores, nail salons and all sorts of junk4 that is pervasive in our economic5 corridor.6 When I heard about Donna Reed7 Miller's amendment of her own overlay, I8 and the community was appalled, mostly9 because these overlays is what we have10 been using as a weapon to fight against11 another dollar store in our neighborhood,12 which we do not need at all. And I just13 feel that this amendment is mostly for14 the concessions of a developer and not15 for the community, and I just wanted to16 say that on record. And that's basically17 it. I don't want to say any more than18 that.19
Thank you20 for your testimony.21 Sir, please identify yourself22 for the record.23
Please25 16 11/15/11 - RULES - BILL 110756, ETC.1 proceed.2
My name is James3 Foster. I am a lifelong resident of4 Germantown, having been born here 695 years ago. At present, I am the editor6 of the Germantown Chronicle and Northwest7 Independent Newspapers, the only8 newspapers delivered door to door in the9 entire Northwest. We have made it our10 business to follow quality of life,11 public funding issues and the issues12 surrounding our elected leadership as a13 primary focus of our newspaper, in14 addition to general news reporting and an15 open editorial policy. We print the16 information the Inquirer won't.17 I have been following -- I and18 others in our newspaper have been19 following the story of the Chelten Plaza20 development since inception. I think21 it's important to point out to members of22 Council that the City started six or23 seven years ago making accommodations to24 this developer, accommodations that25 17 11/15/11 - RULES - BILL 110756, ETC.1 included tax abatements, special favors2 in combining properties, all with a3 promise that the developer would build a4 proper Fresh Grocer store consistent with5 the seven others he has been publicly6 funded to build in Germantown. That7 quality Fresh Grocer store was never8 built despite the fact that it's on the9 City record he was to start construction10 immediately in 2006.11 What we're experiencing now is12 a continuation of the process of doing13 favors for Mr. Burns of Fresh Grocer.14 What happened here was, the Fresh Grocer15 that was promised wasn't built. It was16 shut down without notice. The community17 got a bait and switch, and now we're told18 we'll get a dollar store, which was19 already prohibited, and a low-quality20 food store, one that doesn't really21 qualify for public funds, yet Mr. Burns22 is expecting $4 million from the state23 this month, $4 million that he never24 properly applied for, nor did he file25 18 11/15/11 - RULES - BILL 110756, ETC.1 proper documents with the state in order2 to be able to receive this money.3 The most recent situation, as4 has been explained by Ms. Haskins, is5 that all along this process, Mr. Burns6 has chosen to take a reckless approach to7 development, development on the only8 property left in Germantown in the key9 central district that was not developed.10 By the way, the City Planning11 Commission promised Germantown that that12 area would be developed as a13 transit-oriented project by the City Plan14 presented five years ago. That has been15 completely dropped as a favor to16 Mr. Burns, and the third busiest station17 on the Chestnut Hill West line is now18 moved further into obscurity and not19 included in the kind of development20 Germantown deserves. I don't know why21 the City has seen fit to allow this22 situation to run around law and due23 process, but it's outrageous.24 Thank you.25 19 11/15/11 - RULES - BILL 110756, ETC.1
Thank you2 for your testimony.3 Any questions for these4 witnesses?5 Councilman Goode.6
Thank you,7 Mr. Chairman.8 Mr. Foster, you mentioned9 special considerations with regard to tax10 abatements and land assembly.11
In 2006, the15 property in question was one of three16 parcels that paralleled the Chelten17 Avenue station, and on that land stood a18 run-down, derelict Shop Rite store.19
My question20 is, was a tax abatement one that was open21 to everyone?22
No. The tax23 abatement was a special arrangement when24 Mr. Burns wanted to acquire those25 20 11/15/11 - RULES - BILL 110756, ETC.1 properties --2
It wasn't under a5 program. It was -- I've qualified this6 with the attorney from the Law Department7 who wrote the special considerations.8 And when Mr. Burns wanted to acquire9 these properties, two of them belonged to10 SEPTA, having once been part of the11 railroad system. The other belonged to12 the owner of the derelict Shop Rite.13
I used the wrong22 language. I'm not an attorney. It was23 tax forgiveness of 180,000.24
That was25 21 11/15/11 - RULES - BILL 110756, ETC.1 really my only question.2
It was tax6 forgiveness that the City never does7 under any circumstances, as we understand8 it.9
Just very14 quickly. Thank you, Mr. Chairman.15 I guess anyone can answer this.16 Just so I'm clear, what is on the site17 now?18
What's on the site19 now is the beginning of reconstruction20 that was done without a proper permit.21 The shell of that former Shop Rite store22 is being retrofitted and a new building23 is constructed on the far end of the24 property. Both are under partial25 22 11/15/11 - RULES - BILL 110756, ETC.1 construction.2
The Shop Rite was5 closed without notice in February of this6 year, and that was the first time the7 community found out that there was an8 ongoing new project, despite the fact9 that state law required that to be10 disclosed and combined in a presentation11 to the state to get the public money.12 That was never done.13
So it14 hasn't been in use since February of this15 year; is that what you're saying?16
Thank you20 very much.21 Any other questions?22 (No response.)23
Thank you.24 Andrea Gordon, Sandra25 23 11/15/11 - RULES - BILL 110756, ETC.1 Weckesser, Gloria Hicks, please come2 forward.3 (Witnesses approached witness4 table.)5
Whoever6 wants to start, please identify yourself7 for the record, bring the microphone8 close to you and please proceed.9
Hi. My name is10 Andrea Gordon. I've been a member of11 Germantown all my life. I was born and12 raised there. It was a thriving13 neighborhood at one time, and without14 notice, we weren't given a quality15 supermarket and we really don't see fit16 for the supermarket. It's not quality.17 We have an upscale neighborhood. We work18 very hard. We're taxpayers, and we want19 to see a quality supermarket, Acme,20 Giant, something quality.21 I work very hard. I've lived22 here all my life as a young girl. I23 mean, very young, maybe nine years old.24 Now I'm 53. And we own our home. We25 24 11/15/11 - RULES - BILL 110756, ETC.1 love our neighborhood. We've lived in2 our neighborhood forever, and we thrive3 to keep it a beautiful neighborhood, and4 it's growing, and our neighbors are5 hard-working people who deserve quality6 food and a supermarket like the people7 they have in Chestnut Hill. We have to8 take our revenue and go outside the9 neighborhood to come down to Trader Joe's10 or out to Chestnut Hill, and a lot of11 money is leaving the neighborhood when it12 should stay within our neighborhood.13 There is no quality14 supermarket, and it's unfair that this15 has happened to us.16 Thank you.17
Thank you18 for your testimony.19 Please, the next person take20 the microphone, identify yourself for the21 record and proceed.22
Thank you very23 much for this opportunity. I'm Sandra24 Weckesser. 16 Forty years ago when we moved17 here from New York City, we thought we18 died and gone to heaven. As a young19 couple both in graduate school with no20 car, on a very tight budget, we could21 walk to our choice of several large,22 clean, well-stocked grocery stores, dry23 cleaners, print shops, pharmacies. 12 I'm now retired from Fox Chase13 Cancer Center and I run a very small real14 estate enterprise out of our home. The15 last young couple to move out of one of16 our apartments somewhat apologetically17 told us how nice the homes were, how nice18 the neighborhood was, how much they love19 their apartment, how wonderful it was to20 have the Wissahickon so close, but the21 commercial area was just awful. 1 My grown daughter is currently2 in her own small apartment two blocks3 from Pulaski and Chelten working full4 time and putting herself through college,5 and like her parents 40 years ago, she6 has no car. 9 Most of you are no doubt10 familiar with the decades of Germantown11 Settlement's mismanagement. Fortunately12 with that burden behind us now, there13 appears to be no reason why Germantown14 cannot once again become a wonderfully15 varied shopping area both for families16 and the neighbors and the many people who17 would shop on their way to and from work18 given the excellent public transportation19 hub at Chelten and Pulaski. But we need20 your help. 1 I understand that our Council,2 our City Council, has a long-held3 tradition in this assembly, a tradition4 of supporting the proposals of your5 fellow representatives. 15 Those traditions, as you know, were in16 part responsible for making our country17 and our government balanced. 12
Please16 identify yourself for the record and17 proceed.18
Yes. Hello. My19 name is Gloria Hicks. I'm a 28-year20 resident of Germantown, raised my son21 there and am proud to be a resident of22 Germantown. Very happily found23 Germantown to have been classified now as24 a classic town, seemed to have been25 30 11/15/11 - RULES - BILL 110756, ETC.1 moving forward. We've got new department2 developments, apartments, people that3 live within walking distance of this4 site, and they have nowhere to shop. I5 am now doing my grocery shopping on City6 Line Avenue, in Roxborough, Chestnut7 Hill. There's no place to have a --8 there's no decent grocery store in our9 area. And a dollar store would not serve10 the community any better than what's11 there now. There was a derelict store.12 You couldn't even use the grocery store.13 The milk was rancid. Everything was14 wrong with that store that actually had15 been owned and managed by this developer16 previously.17 So I don't see where a dollar18 store would benefit our area. There are19 a multitude of them up and down the20 avenue. Another dollar store or a21 low-quality store such as the Sav-A-Lot22 that's proposed would not serve us in any23 fashion.24
Thank you25 31 11/15/11 - RULES - BILL 110756, ETC.1 for your testimony.2 Any questions for these3 witnesses?4 (No response.)5
Seeing6 none, thank you very much for your7 testimony.8 Darryl Hicks, Chris Mendel,9 Bruce Marshall.10 (Witnesses approached witness11 table.)12
Whoever13 would like to go first, please identify14 yourself for the record and proceed.15
I too am a 28-year22 resident of Germantown area. My feelings23 duplicate my wife, Gloria Hicks, exactly.24 The quality of life is on the decline25 32 11/15/11 - RULES - BILL 110756, ETC.1 with the building of this kind of food2 market as well as trying to have this3 dollar store established. We feel that4 Sav-A-Lot does not suit our food needs.5 We have to travel outside of the area to6 get food of a quality that we would like,7 and there's no reason for that. The8 developer knows. They don't care. I9 mean, they know that we're not going to10 patronize this facility. Their money has11 already been made in the construction of12 this. This is a cookie cutter format13 that's being used all over the City for14 this developer receiving what appears to15 be political favors and money from the16 state. Now, we, the residents, are17 asking you at this point to stop it.18 Thank you.19
Thank you20 for your testimony.21 Please identify yourself for22 the record and proceed.23
Good morning. My24 name is Chris Mendel. I'm a resident of25 33 11/15/11 - RULES - BILL 110756, ETC.1 Germantown and I live on Pulaski Avenue.2 I'm here representing myself and four3 others as part of the Design Review Group4 who have been engaged with the developer5 through Germantown Community Connection6 for over ten months now. We have spent7 nearly a thousand hours reviewing8 drawings, advising changes and monitoring9 progress. We have been in negotiation10 with them for ten months, as I said, and11 we hope to continue negotiations12 regardless of the outcome of this13 variance that Donna Reed Miller has put14 forward.15 The community, as has just been16 said, is forming its own voice since the17 Germantown Settlement issues of several18 decades. So we are, in essence, learning19 to cooperate and learning to form the20 community that we want.21 I find Councilwoman Miller's22 variance to undermine this effort of23 community organization and the ability24 for the community to design the space25 34 11/15/11 - RULES - BILL 110756, ETC.1 that it wants and needs.2 If you were to vote against3 this variance, it would not endanger the4 development, as this would go against the5 dollar store, which is only one of seven6 tenants in the space being developed. It7 would not prohibit construction jobs, as8 most of the construction is complete.9 So we please urge you not to10 vote for this variance.11 Thank you very much.12
Thank you13 for your testimony.14 Please identify yourself for15 the record and proceed.16
Good morning.17 My name is Bruce Marshall. I'm18 representing Southwest Germantown19 Neighbors Association, and I am living in20 my childhood home for 60 years. So I've21 been through there all the changes for22 the worst that were previously touched23 on, and I shop elsewhere also. But I24 don't want to get into the details of the25 35 11/15/11 - RULES - BILL 110756, ETC.1 project. I'd rather just finish up with2 the point of the appearance.3 As a City resident, I'm very4 often embarrassed and discouraged,5 disappointed with scandals, pay to play,6 backdoor deals, lack of transparency,7 lack of accountability. That's the issue8 I would just like to drive home. I think9 Council should be aware of, care and try10 to change that perception at the resident11 level and beyond, at the national level12 even.13 It seems like the business as14 usual and status quo things, it just kind15 of keeps going on forever, and this16 latest is another example of that. If17 there weren't tax money involved, perhaps18 it wouldn't be such a big deal. A19 developer wants to come and build20 whatever they want to build if they can21 get it zoned.22 Even the zoning process, I went23 to that zoning hearing, learning that you24 can put in -- I can say I want to put a25 36 11/15/11 - RULES - BILL 110756, ETC.1 Mormon tabernacle here and then I can2 build a torture chamber and then L&I3 would come and say, Hey, wait, you didn't4 put a Mormon tabernacle.5 There's just a lot of things6 dreadfully wrong with business as usual7 here, and I see this variance to the8 zoning overlay as one more tactic to try9 to get around an orderly, transparent,10 accountable way of doing business. And I11 could go on, but I think I've made my12 point.13 Thank you.14
Thank you15 for your testimony.16 Any questions for these17 witnesses?18 (No response.)19
Seeing20 none, that ends the witness list for the21 opponents to the bill. Is there22 anyone -- what I would ask, just23 respectfully -- please come forward --24 try not to go over same information that25 37 11/15/11 - RULES - BILL 110756, ETC.1 has already been presented. That would2 be helpful for the record more than3 anything else. So if you could come4 forward.5 Anyone else after these three?6 (No response.)7
Whoever11 would like to start, please identify12 yourself for the record and proceed.13
My name is Connie14 Winters. I live in Germantown. I've15 lived there since 1976. I have a company16 called Historic Germantown Properties,17 which I started in the year 2000 with my18 husband after I had been President of the19 Business Association for a year. We20 specifically invested on Chelten Avenue21 between Wayne and Wissahickon in order to22 make an effort to improve the commercial23 district, because I could see that the24 commercial area was really holding back25 38 11/15/11 - RULES - BILL 110756, ETC.1 the development of Germantown as a2 community.3 I have been very opposed to4 this Chelten Plaza development. I own a5 property, a historic tax credit property,6 that's right across the street from the7 Chelten Plaza development and I've been8 part of this process for the last ten9 months. I am really dismayed at the lack10 of response on the part of elected11 officials to the voice of the community.12 We have explored every avenue to be13 heard, and I'm asking you today to stand14 by the original zoning overlay and not go15 for an amendment that clearly violates16 the spirit of the original overlay.17 The community does not want18 another dollar store, and this is, I'm19 sorry to say, clearly an attempt to go20 around the wishes of the community and to21 bolster a developer who has $5 million or22 has been promised $5 million in public23 funding not to do what the community24 wants, but to do whatever he seems to25 39 11/15/11 - RULES - BILL 110756, ETC.1 find expedient.2 So please, especially the3 Councilmembers-at-large, we'd really like4 to ask you to vote in favor of the5 community and against the amendment.6 Thank you.7
Yes. I'm Jeff13 Smith.14 This hearing isn't about a15 grocery store, though you've heard a lot16 of testimony. It is about the variance17 to allow apparently a Dollar Tree, rather18 a -- a Dollar Tree variety store in a19 sort of spot zoning.20 I'm a lifelong resident of21 Germantown. My father and grandfather22 were businessmen in the Central Business23 District in the 1920s to 1965. I myself24 own a Pilates business at Green and25 40 11/15/11 - RULES - BILL 110756, ETC.1 Rittenhouse Street, one block off the2 Central Business District. We've been in3 business there for three years.4 Sometimes people ask me why did I open a5 business like that in Germantown, and I6 said, Well, why not? It needs it.7 I've witnessed Germantown from8 the end of its prominence as a major9 commercial district outside of10 Philadelphia starting in the late '60s11 and early '70s to the struggling district12 we have today. Politicians and13 organizational corruption, as highlighted14 recently by the Central Germantown -- the15 Germantown Settlement debacle as well as16 others with Central Germantown Council,17 have been a heavy burden for those of us18 who have attempted to use civic process19 to improve the profile of the Central20 Business District. The bill proposed by21 Councilwoman Reed Miller is another22 attempt to achieve a dubious goal for the23 convenience of a developer.24 Four million dollars toward the25 41 11/15/11 - RULES - BILL 110756, ETC.1 Chelten Plaza were obtained with a state2 funding application which neglected the3 required community input process. The4 Dollar Tree proposal violates zoning5 requirements imposed by the 2000 overlay6 district Councilwoman Miller herself7 worked into a bill before Council.8 Germantown already has the Sav-A-Lot9 grocery store. Now the developer earns10 $200,000 in bonus by relocating and11 opening a new franchise of that store at12 the same time as the Sav-A-Lot parent13 company, SuperValu, is closing14 company-owned stores around the country.15 Coincidentally, another variety16 store, Dollar General, is proposed for17 East Chelten Avenue by developer Mark18 Nicoletti. It's also within the 200819 overlay district, as I understand it.20 To highlight the folly of these21 variances, currently there is a Dollar22 General right beside the current23 Sav-A-Lot store on Wayne Avenue near24 Chelten. Presumably when a new Sav-A-Lot25 42 11/15/11 - RULES - BILL 110756, ETC.1 store opens and a new Dollar General2 store opens, who knows what the fate of3 those two current business locations will4 be. Perhaps another blight on the5 neighborhood.6 Council should oppose the7 attempt to create a new definition of an8 allowable variety store in Germantown and9 permit the legal process in motion at L&I10 to continue. Germantown deserves better11 than a deep discount grocery store and a12 larger variety store.13 And, by the way, next Monday14 and Tuesday evening City Planning and15 Council -- City Planning Commission is16 arranging hearings on the future17 development of the Chelten Avenue18 corridor. It seems kind of ironic that19 that would be taking place at this time.20
Thank you21 for your testimony.22 Please identify yourself for23 the record and proceed.24
I'm Thomas25 43 11/15/11 - RULES - BILL 110756, ETC.1 Sharpless, full-time resident of2 Germantown since 1990, first lived in the3 community in 1942, father and grandmother4 were born and raised in Germantown.5 I'll be brief. I'm here to ask6 you not to rubber stamp some junk7 economic development, which is not what8 we need in Germantown. The visible9 political support for this project for10 the Mayor, the Governor and so forth is11 all based on, oh, it's good for the City12 because it brings in money.13 I think you've heard this14 morning that we're not against bringing15 in money. We're not even against the16 development of this site by the owner of17 this site. All of this fuss we've been18 making is to try to persuade the owner of19 the site to do something that will20 benefit not only himself but the21 community as well. We don't want to22 lose -- and this zoning overlay as it23 stands now, which happens to render his24 present plan illegal, is about the only25 44 11/15/11 - RULES - BILL 110756, ETC.1 weapon we have to get his attention and2 to get the attention of the funding3 agencies and so forth. If you take that4 away from us, it will be business as5 usual. We'll get more junk economic6 development in Germantown.7 That dollar store will lose8 money and leave after two years. The9 Sav-A-Lot will fold up in 18 months.10 This is just on form, based on what's11 happened in this developer's sites12 previously. And we could be doing better13 than that.14 So I'm here to ask you to at15 least defer any decision on whether to16 pass this spot-zoning amendment until the17 district of -- the councilmanic district18 had adequate representation of the19 voters.20 Thank you.21
Thank you22 for your testimony.23 Any questions for these24 witnesses?25 45 11/15/11 - RULES - BILL 110756, ETC.1 (No response.)2
Seeing3 none, thank you very much for your4 testimony.5 Mr. Primavera, please.6 (Witnesses approached witness7 table.)8 COUNCILMAN KENNEY:9 Mr. Primavera, since we do not have an10 easel, would you please prop those11 visuals against the front of these four12 desks. I need them closer. I'm older13 now.14
For the record,19 Carl Primavera. With me is Pat Burns to20 my left and on front of me is Grant21 McLoughlin. We are handing out22 additional copies of what was sent to23 members of the Committee. 1 I would like to make a2 statement, which will also include3 comments to what we've heard, and then4 we'll also hear from Mr. 10 Mr. 15 Understanding what we've heard16 today, and I heard the Governor and the17 Mayor were quoted, but let me read from a18 letter that's in your package from the19 Mayor to Governor Corbett. 1 food choices. The anchor tenant in this2 commercial center will be an 18,0003 square foot Sav-A-Lot Supermarket, which4 has committed to providing a large5 selection of fresh fruits and vegetables6 along with fresh meats. 13 The plans you see show a14 Sav-A-Lot, which is really a brand new15 store and it's an expanded store from the16 one that you heard reference to by the17 protestants, because that store is doing18 very well but it's undersized. Even19 though the Sav-A-Lot has nothing to do20 with the zoning issue today, we've heard21 it a lot, and people have said, as you've22 heard today, that Sav-A-Lot is too23 lowbrow for our taste. 1 Avenue where the community wasn't2 familiar with it, and at first they were3 unsure. 6 Interestingly, they like to partner with7 a public company, which is a darling of8 the New York Stock Exchange, Dollar Tree9 Company. It's a stock that's going10 through the roof, not for surprising11 reasons. 3 So when this issue first came4 up that perhaps we had stepped over an5 overlay restriction, we said, Well, gee,6 this is the law of unintended7 consequences. This type of investment8 was never meant to be excluded from a9 commercial shopping center. 11 So that's when I suggested that rather12 than have time spent at the Zoning Board,13 that we work to amend the overlay. I was14 not boasting. I was suggesting, and I15 sent a letter to the Zoning Board for16 that purpose, because nobody had17 envisioned the overlay, which was18 designed to prevent junk shops, would19 actually prevent the redevelopment of a20 large-scale shopping center. I think21 that the powers-to-be said, Let's have a22 full, fair hearing before the Zoning23 Board, let everyone get it off their24 chest, and we did. 1 We won. Despite what you may have heard2 today, the Zoning Board agreed that the3 City zoning examiner, Jeanne Klinger, who4 many of you know, she's been with the5 City for 30-plus years, said that our6 zoning permit was good. So the Zoning7 Board affirmed our position. 13 But we weren't boasting. 16 Because of the confusion, the17 overlay was looked at again and was18 determined that the large-scale format19 value stores -- and I'll call them value20 stores, and here it could be a Dollar21 Tree. The same company also operates22 Deal$. And you'll see in these boards --23 and I'll just have Grant pick up the24 merchandising plan from Deal$. 5
Just one6 question. I'm confused. What does Deal$7 have to do with --8
Deal$ is owned9 by Dollar Tree. If Dollar Tree only has10 a dollar --11
Yes. Deal$14 will go up to $5 an item. It's owned by15 the same company, Dollar Tree. So at16 this location, it will be the decision of17 Dollar Tree's home office whether they do18 a Deal$, which goes up to $5, or whether19 they go to Dollar Tree. It's very much20 the same. As of right now, we believe21 it's going to be a Deal$. So the --22 (Audience members talking.)23
Excuse me.24 Just out of respect for --25 52 11/15/11 - RULES - BILL 110756, ETC.1 (Audience members talking.)2
Out of3 respect -- listen to me. You can come4 back and rebut, but I can't have catcalls5 from the audience. It's just not right.6 Please.7
So what we're8 showing and what we're proposing is a9 10,000 square foot store. And you'll10 also see the layout. I'll have Grant11 pick that up as well. You can go in, you12 get a cart, you have aisles, you have13 freezer aisles, you have stocked aisles,14 then you have a checkout counter. It15 looks and feels and is a very powerful16 store that, as you see from the site plan17 which Grant will also show, is a18 transit-oriented development. People can19 walk to this store. They can take public20 transportation to get to these stores,21 and they also can park. It's a22 full-scale shopping center.23 But these people are peeved and24 peevish because they want Trader Joe's25 53 11/15/11 - RULES - BILL 110756, ETC.1 and Pat Burns wasn't able to develop a2 Trader Joe's, but what he has developed3 is the envy of most neighborhoods in4 Philadelphia.5 Now, to prove that point,6 although the obvious thing is already on7 these boards, Pat hired Midge McCauley,8 who most of you know, worked with Carl9 Dranoff, worked with Paul Levy. She10 lived in Germantown for 30 years. She11 has a company called Downtown Works, and12 she did the strategic plan for Chestnut13 Hill, for Haddonfield, Washington, DC.14 Now she's working for Detroit. All the15 major cities have asked her to say what16 is the right product mix and what is the17 right way to develop commercial strips.18 We invited people to meet with us and be19 part of that dialogue. They chose not20 to.21 In our materials which you have22 before you is the report from Midge23 McCauley. She believes that this project24 is exactly the leverage that Germantown25 54 11/15/11 - RULES - BILL 110756, ETC.1 needs, because we're going to have a2 national bank. We're going to have a3 local store called Wired Beans, which4 apparently is the envy of all of the5 Northwest. We're going to have public6 companies. We're going to have stores.7 We're going to have employees. We're8 going to have fully improved lights,9 parking, landscaping. This is going to10 give people confidence to come into this11 neighborhood and make the kind of12 investment that people are calling out13 for.14
Are you at22 liberty to tell us at this point some of23 the names of the stores that you --24
I'll introduce25 55 11/15/11 - RULES - BILL 110756, ETC.1 Pat to do that. He's negotiating, so2 he'll know what --3
If you4 can't, obviously if you're in5 negotiations and you don't want to6 divulge it --7
My name is Pat11 Burns. I'm the developer of Pulaski12 Partners, which is at Chelten and13 Pulaski.14 Currently, we have a lease15 obviously with Sav-A-Lot, which we're16 planning to open December 10th. The17 store is almost done. Anna's Linens is a18 public company. They're opening December19 10th as well. Dollar Tree, the store is20 all ready to go except for zoning.21 Subway is going in the location.22 Citibank is very close to putting a23 corner location of Citibank, the only one24 I believe in Philadelphia right now that25 56 11/15/11 - RULES - BILL 110756, ETC.1 they're opening in the next two years2 here. Wired Beans, Robert Wheeler, which3 is a local --4
He's a local coffee7 shop owner. He's done a great job on8 Germantown Avenue, Mt. Airy. So he's9 coming in. He signed his lease. And10 Little Caesars right now. There's two11 more vacancies open right now.12
So we believe21 that not only is this a great22 redevelopment of the site -- and if you23 look at the pictures in the back, you'll24 see an old beer distributor, you'll see25 57 11/15/11 - RULES - BILL 110756, ETC.1 the tires. Apparently SEPTA had been a2 bad neighbor on this site. It had been3 abandoned.4 This is a significant5 redevelopment. It's a large-scale6 investment, and hopefully what will7 happen is this will bootstrap people who8 will take these small storefronts that9 are in absentee ownership and convince10 those people that they have to bring11 their game up and people will reinvest12 and say, You know what, there is hope in13 this business community. Because when14 Citibank comes in and when large15 retailers come in, that's a signal to me16 as a property owner and a business owner17 that there is business to be done in18 Germantown.19 We've worked with a group GCC20 for the last ten months on everything21 from jobs to tenant selection to22 everything -- landscaping. We have a23 petition of 8,000 people that we24 presented to the Zoning Board in support.25 58 11/15/11 - RULES - BILL 110756, ETC.1 Why would they be in support? They don't2 like a vacant site. They like the jobs.3 They like being able to walk, because4 many people, unlike the people you hear5 today, many people in Germantown don't6 have cars. So being able to walk to7 these amenities is a great option for8 them. So there is a lot of support for9 this. Like many projects, the people who10 are happy with the project don't want to11 spend a day away from their home or away12 from work to come in, but we had a13 petition of 8,000 people that were14 submitted at the Zoning Board.15 So at this point, we applaud16 Councilwoman Miller for her ability to17 guide this project, to create something18 that's really going to be a wonderful19 driver for investment and jobs. And20 basically the people who want to go to21 Trader Joe's, they have the cars, they22 can go to Trader Joe's. If they want to23 go a mile and a half away, they can go to24 the LaSalle Shopping Center where Pat has25 59 11/15/11 - RULES - BILL 110756, ETC.1 the Fresh Grocer. Those people have a2 variety of amenities. But for the people3 who want to see jobs, investment and4 shopping opportunities on their doorstep5 in a large-scale redevelopment site that6 was wanting badly, this is really more7 than you could even expect. So this is a8 wonderful thing that hopefully over time9 people will rally around and get behind.10 They're my comments.11 Pat, you've heard the comments12 today. Do you have anything more that13 you want to add?14
Like Carl said,15 I've been developing within the City. At16 the LaSalle University, we put a whole17 new shopping center at Chew and Wister18 Streets at LaSalle, and at Progress19 Plaza, 40th Street, 56th and Chestnut.20 So I've been a developer, mainly a21 grocer, within the area of -- the22 Philadelphia area.23 We approached Dollar Tree24 because, quite honestly, in this25 60 11/15/11 - RULES - BILL 110756, ETC.1 environment today, we do need credit2 tenants, and they have a very good credit3 tenant worthiness, Dollar Tree, to be a4 lease on this location.5 The correct amount, we are6 spending $14.3 million on this location7 for rehab there. So I just wanted to let8 you know that.9
Okay. Let10 me take the opportunity now to open up11 some questions for Councilmembers.12 Councilmember Goode.13
Thank you,14 Mr. Chairman.15 To Mr. Primavera and/or anyone16 who wants to answer this question, I17 don't think there's a lot of debate about18 whether there should be a development19 project at all. I think there is debate20 about whether there should be that type21 of store at that location.22 What I find curious about all23 of your comments, taking it all in very24 quickly, is that you cited the letter25 61 11/15/11 - RULES - BILL 110756, ETC.1 from the Mayor on September 2nd, 20112 that mentioned an 18,000 square foot3 market. You then later on talked about a4 10,000 square foot market, and the5 amendment references 7,500. Can you6 explain that?7
Yes. The8 Sav-A-Lot is really not an issue, other9 than the fact that it has irked a lot of10 people.11
I'm talking12 about the numbers - 18,000, 10,000,13 7,500.14
There's a17 huge difference between 7,500 and 18,000.18
Yes. We're19 talking about two different stores. The20 Dollar Tree or Deal$, depending upon21 which division they put in, will be22 10,000 square feet, which will be larger23 than the 7,500 minimum for a variety24 store.25 62 11/15/11 - RULES - BILL 110756, ETC.1
And a lot2 smaller than an 18,000 foot project that3 the Mayor endorsed.4
And I'm sorry12 it's not easy to see, but, Pat, please13 point to the 18,000 square foot Sav-A-Lot14 which is going to open on December --15
Only one of us18 can speak at a time.19 So what Pat is showing with his20 left hand is the 99 percent constructed21 Sav-A-Lot, 18,000 square foot, brand new22 store. To the right is a multi-tenanted23 store under construction. So it will24 have Annie's Linens, Dollar Tree or25 63 11/15/11 - RULES - BILL 110756, ETC.1 Deal$, CitiCorp Bank and the restaurant.2 So they're two different buildings.3
So the Mayor4 was not endorsing what's being debated5 today.6
The letter does10 not speak to the dollar store. The11 letter speaks to the shopping center and12 it specifically speaks to the Sav-A-Lot.13 The Sav-A-Lot was signed up before the14 Dollar Tree.15 But basically Duane Bumb from16 the Commerce Department, as recently as a17 week ago, told me that because this is a18 public-private project and the state is19 contributing funds and because of the20 large need for redevelopment, that the21 Commerce Department is enthusiastically22 in support of every aspect of what we're23 doing here.24
I'm pretty25 64 11/15/11 - RULES - BILL 110756, ETC.1 sure that the Commerce Department wants2 to see development there. The Commerce3 Department would not necessarily get into4 what specific tenants would be there.5 But if you have all this planned out and6 if it's such a great project and so much7 money is being invested -- and we do8 thank you for your investment in9 different sections of the City -- you10 have not yet told us what specific11 benefits will come. Is there an economic12 opportunity plan? Will Philadelphia13 businesses benefit?14 (Applause.)15
Will16 Philadelphia workers benefit? Is there17 going to be a community benefits18 agreement?19
Yes to all of20 that. I'll -- is Grant the right person21 to address that?22 Put your name for the record23 and your position.24 MR. McLOUGHLIN: Grant25 65 11/15/11 - RULES - BILL 110756, ETC.1 McLoughlin, Executive Vice-President of2 Fresh Grocer. I work with Pat on all of3 his developments.4 Yeah. We've been working, as5 Carl mentioned earlier, with GCC since6 February of this year.7
And who are8 they?9 MR. McLOUGHLIN: GCC is10 Germantown Community Connection. They11 were the ones that first contacted us12 when the Fresh Grocer was closed and13 offered to work with us in trying to come14 up with a community benefits agreement15 for this development, something that16 would aid the community. They would have17 input on tenants. They could negotiate18 with us on landscaping issues, which19 they've done. I think one of the20 representatives was here.21 And the community benefits22 agreement, just bottom line, is, we've23 committed to about a million dollars in24 employment annually, a hundred thousand25 66 11/15/11 - RULES - BILL 110756, ETC.1 dollars in local contracts for shopping2 center maintenance. So over ten years,3 it's about $11 million in employment4 dollars, 80 percent of which would come5 within a mile and a half of the location,6 and that's in our community benefits7 agreement with GCC.8 We've also, as I said,9 negotiated with them on landscaping10 issues, and those that have been11 negotiated, quite honestly, are an12 incremental expense to Pulaski Partners13 and Pat specifically of north of14 $250,000, which he's agreed to.15
That was the16 third question I had asked. You skipped17 over the first two.18 MR. McLOUGHLIN: You asked19 about a community benefits agreement.20 Yes, we have one with GCC.21
No. I asked22 about an economic opportunity plan and I23 asked about opportunities for24 Philadelphia-based businesses and25 67 11/15/11 - RULES - BILL 110756, ETC.1 Philadelphia workers and the diversity2 that should be associated with that.3 MR. McLOUGHLIN: I'm sorry.4 Maybe I didn't speak it -- say it5 properly. We've committed to about a6 million dollars in employment with the7 development, 80 percent of which --8
You should9 allow Mr. Primavera to answer for you if10 you're going to give me the wrong answer.11
Let me just12 ask one -- please. Just we're trying to13 conduct a hearing. We'll give everybody14 the opportunity to speak. We want the15 record to be clear. Just let's not make16 it a game show.17 Mr. Primavera, going on18 Councilman Goode's line of questioning,19 have you attached the EOP to any of your20 documents that you presented here21 relative to the number of employees, the22 racial composition, the gender23 composition? I mean, you've been through24 this with us before. And I was25 68 11/15/11 - RULES - BILL 110756, ETC.1 commenting to Councilman Goode in our2 last hearing that everybody seems to get3 it now. Do you have it?4
No, and here's5 the reason why. We have gone through the6 other process with the state and the City7 in meeting the requirements. This is a8 zoning overlay amendment. It's not a9 project zoning. So that's why we look at10 this --11
You stated12 about how great this project was, about13 how the Commerce Department endorsed it.14 The Office of Economic Opportunity is15 located within the Commerce Department.16 If they endorsed this project without an17 economic opportunity plan, then I'll have18 a conversation with them about it.19
Yes. And I23 understand. This project came through24 the RACP process, RCAP. It came through25 69 11/15/11 - RULES - BILL 110756, ETC.1 the Commerce Department.2
So we are5 really here in support of the zoning6 overlay amendment. So it's not really7 project driven. But we hear your8 comments. I think Grant's response is9 that as a developer working in the10 Germantown community, they've been very11 responsive to the community's requests.12
Let me just13 elaborate. I mean, again, Councilman14 Goode has been getting us here since he's15 been here. When you go through all the16 work you went through to give us this, at17 the back or somewhere in the middle or18 somewhere in the front should be that one19 sheet that tells us what you're going to20 do from an employment standpoint, from a21 contracting standpoint, the diversity22 issues. It's really just boilerplate,23 should be anymore, because it comes all24 the time on all these projects.25 70 11/15/11 - RULES - BILL 110756, ETC.1 Now, I think it's fair to say2 any time you're before the Rules3 Committee now or into the future, you4 should have that sheet or two attached to5 whatever -- you've obviously gone through6 a lot of work to put this together. Just7 put the EOP in it and we don't have to go8 through this.9
And that's good10 advice. I'm sorry it wasn't in the11 package, and we'll work on that. I mean,12 this is something that's -- Pat believes13 it's done. So it's my fault for not14 having it here today.15 COUNCILMAN KENNEY:16 Councilmember Reynolds Brown.17
I believe it's21 done, and we will get a copy to you. One22 thing I'd like to say, Wired Beans,23 Robert Wheeler, he is an African American24 man, small businessman. We gave him25 71 11/15/11 - RULES - BILL 110756, ETC.1 considerable consideration to go into the2 location there and so forth. He's a3 great guy. He's been doing a great job4 in Mt. Airy. So we tried to integrate5 local people and big tenants6 throughout --7
I have no8 doubt that you've done it and I think you9 did it with the LaSalle project, but it's10 just not there to see, and that's what11 Councilman Goode has been insisting on.12
No. We15 understand. I regret -- Pat believes he16 has it. I'm sure it exists, and we'll17 make it available to you.18 COUNCILMAN KENNEY:19 Councilwoman Brown, you were in line.20
Yes. Of21 course, Councilman Goode and I had22 similar questions raised as we were23 sitting here, starting with fundamentally24 an EOP plan. You said you did another25 72 11/15/11 - RULES - BILL 110756, ETC.1 project in the Germantown area?2
Was an EOP6 plan attached to that effort? Was an EOP7 plan a part of that effort and how long8 ago was that effort?9
The effort, I don't10 have the exact dates, but we opened, I11 believe, about two and a half years ago.12 At the time, we had GPUAC overseeing the13 whole project from the construction point14 of view all the way to the leasing. That15 was also part of the RACP process and the16 City process and so forth. So I believe17 it's in that, but I don't remember. It's18 been a few years ago.19
Well, just20 for the record, GPUAC does not equal EOP,21 just so that you understand that going22 forward.23 Did you meet the GPUAC goals?24
Yes.4 COUNCILWOMAN Brown: What5 percentage of this is public?6
Right now there's a7 $3 million RACP agreement signed by the8 Governor. There's a million dollar9 amendment that is proposed. And the10 other $11 million is private money11 through myself and my bank.12
How long13 ago did you meet with folk at the14 Commerce Department?15
Was it18 this year? How long has this effort19 been underway?20
I spoke to the21 Commerce Department this year through the22 phone a few times, but I don't know when23 we met with them exactly.24
So that25 74 11/15/11 - RULES - BILL 110756, ETC.1 happened this year in preparation for the2 document produced this morning?3
The Mayor's8 letter to the Governor, was that part of9 the discussion that you had regarding10 public-private funds?11
Okay. And13 I don't believe I heard an answer, so14 right now as we sit here, we have no EOP15 plan, correct, for the record?16
He believes17 there is one. I'm going to obviously18 jump on locating that. I have not seen19 it myself, but, again, this comes through20 a different process than we're typically21 used to. This was not a development22 process per se, but Pat believes that he23 does have it and it is working through24 the Commerce Department. So I believe25 75 11/15/11 - RULES - BILL 110756, ETC.1 it's there, but I regret I don't have it2 today, and we'll get to the bottom of3 that quickly.4
Then I'm5 at a loss. Point of information. EOP6 plans are typically developed and crafted7 by the developer and their representative8 and not Commerce; is that not so?9
I think10 it's in cooperation with the Commerce11 Department, I believe. I mean, they have12 certain standards they need to get to and13 I think they work with them to do that.14 My point is what Councilman Goode is15 saying is that you should never walk into16 one of those two doors without having it17 attached to it. Whatever you're looking18 for us to make a decision on should be in19 what you're presenting to us.20
Right. And I21 accept responsibility for that. You have22 to understand, this project is fully23 constructed and doors are going to open24 December 10th. So it's not like we're25 76 11/15/11 - RULES - BILL 110756, ETC.1 coming in here through a development2 cycle. In effect, we're here through the3 law of unintended consequences on a4 zoning overlay, but still, we'll get it5 to you today.6
But since7 it is almost finished and since you're8 ready to open, you would think you'd come9 in here with your wonderful results and10 success of what you proposed to do and11 how you accomplished it.12
Point of15 information.16 COUNCILMAN GOODE:17 Mr. Primavera, you're in luck. We're18 actually in session tomorrow, this19 Committee is.20
How many2 jobs are anticipated?3 MR. McLOUGHLIN: About a4 hundred.5
One6 hundred?7 MR. McLOUGHLIN: About a8 hundred. But a good portion of those9 jobs, honestly, are going to be part10 time.11
Forgive12 me?13 MR. McLOUGHLIN: A good portion14 of those jobs will be part time, being15 the nature of the retail business, but,16 again, the employment dollars are going17 to be about a million dollars annually18 between all the enterprises involved.19
And what20 procedures or avenues do you have in21 place to ensure that residents from the22 immediate area benefit from those job23 opportunities? What --24
The only evidence I25 78 11/15/11 - RULES - BILL 110756, ETC.1 could give you is the five other2 developments I've done, that we've hired3 90 percent of the people within a half a4 mile, mile away from it, through LaSalle,5 Progress Plaza, 56th Street, 40th Street,6 58th Street, 57th Street and 54th Street.7 That's pretty much --8
Just my experience,11 it's always been that way and we always12 gave the opportunities first to the13 neighborhood.14
But if the plan16 is not easily available, it will be in --17 we'll finish it so you'll have it18 tomorrow. I think Pat says that it may19 exist, he recalls it. He's worked that20 way through the five or six other similar21 projects, and our focus unwittingly or22 unfortunately has been on the GCC23 community group where they've met and24 they put their own agreement with them25 79 11/15/11 - RULES - BILL 110756, ETC.1 regarding jobs and employment and tenant2 mix. That's been kind of real boots on3 the ground. Grant has been spending a4 huge amount of time doing that, and the5 neighbors, quite frankly, have spent a6 huge amount doing that. It's not in the7 format of the opportunity plan that we're8 talking about, but it really shows the9 commitment and the level, not only on the10 other five or six projects but on this11 particular project that we're talking12 about. So we'll get that to you.13
Very well.14 The answer regarding the community15 benefits agreement, is there one? Is16 there one in process or in progress?17 Update us on that.18 MR. McLOUGHLIN: It's fully19 developed. Pat has signed it, and it's20 been submitted to GCC, but it's been21 verbally negotiated, and it represents22 all of our conversations and agreements.23
Okay.24 Now, GCC are representatives of an25 80 11/15/11 - RULES - BILL 110756, ETC.1 organization from the immediate2 community?3 MR. McLOUGHLIN: Yes.4
The name of10 that group -- and some of the individuals11 who spent hundreds, literally hundreds of12 hours, you know the names. Can you give13 us the names?14 MR. McLOUGHLIN: The Board15 members of GCC, Betty Turner is the16 President.17
Irv Ackelsberg.18 MR. McLOUGHLIN: Irv19 Ackelsberg. And I thought I saw Irv come20 in here today.21
And there's one22 other.23 MR. McLOUGHLIN: Marshall24 Freeman.25 81 11/15/11 - RULES - BILL 110756, ETC.1