COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Monday, February 25, 2008, 10:25 a.m. - - - Bill 080027 - Amending Philadelphia zoning maps by changing zoning designation of certain areas of land located within area bounded by Christopher Columbus Blvd., (former) Reed St., Delaware River, and Tasker St. (extended), under certain terms and conditions. Bill 080028 - Approving plan of development for a Commercial Entertainment District in area generally bounded by (former) Reed St., Tasker St. (extended), Christopher Columbus Blvd., and the Delaware River COMMITTEE MEMBERS PRESENT: Anna C. Verna, Chair Darrell L. Clarke Frank DiCicco W. Wilson Goode William Greenlee Donna Reed Miller James F. Kenney Blondell R. Brown ALSO PRESENT: Curtis Jones, Jr., Bill Green - - - V A R A L L O Incorporated Litigation Support Specialists 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2 BILLS 080027, 28 - RULES - 2/25/08 I N D E X WITNESS Carl Primavera, Esquire, Philadelphia 7 Entertainment and Development Partners Jim Dougherty........................... General Manager, Foxwoods Casino 6 Nicholas F. Moles, Vice president and 31 7 Gen. Counsel, Foxwoods Casino Philadelphia 8 Jeff Green, Orth-Rodgers & Associates 55 Mark Brodsky, EwingCole................ 97 Gary Jastrzab, Acting Executive Director 147 City Planning Commission William Kramer, Development Division 185 Director, City Planning Commission Video Presentation..................... 199 Philadelphia Neighborhood Association Reen Goodwin, Pennsport Resident....... 205 Richard de Wyngaert, President......... 212 Society Hill Civic Association Jim Penza, Secretary, Whitman Council 218 Jeffrey Rush, President, QVNA.......... 224 David Hammond, Executive Director...... 274 South Street Headhouse District. Shawn Jalosinski, Executive Director 277 Sports Complex Special Services District Patty Griffin, Pennsport Resident....... 298 (reading Ed Kerlin testimony) (Written testimony of Paul Levy and Cynthia Philo are attached hereto.) * * * 3 BILLS 080027, 28 - RULES - 2/25/08
Good morning, everyone. This is a public hearing of the Rules Committee regarding Bill No.'s 080027 and 080028. I would ask Mr. McPherson to please read the title of the bills. MR. McPHERSON: Bill No. 9 080027, an ordinance to amend the Philadelphia zoning maps by changing the zoning designation of certain areas of land located within an area bounded by Christopher Columbus Boulevard (former) Reed Street, the Delaware River, and Tasker Street (extended), under certain terms and conditions. Bill No. 080028, an ordinance 18 approving the plan of development for a Commercial Entertainment District in the area generally bounded by (former) Reed Street, Tasker Street (extended), Christopher Columbus Boulevard, and the Delaware River.
Thank you. 4 BILLS 080027, 28 - RULES - 2/25/08 Good morning, welcome, and please identify yourself.
Madam Chair, I'd like to just make a brief statement.
I meant to tell you earlier. Thank you, Madam President. Good morning, everyone. Madam Chair, I do have some very brief remarks this morning. First let me start off by saying that I recognize that the introduction of this legislation has caused some anxiety throughout the neighborhoods that I represent. I want to note for the record that, while I disagree with it, I clearly heard and I'm heeding the Supreme Court's opinion that Council must act. This legislation that is under consideration today sets forth some 5 BILLS 080027, 28 - RULES - 2/25/08 clear and reasonable conditions for Foxwoods to meet prior to receiving its final approvals. The conditions address very serious and very real concerns that I have about this project: Traffic impact; Appropriate city services; Waste water mitigation; An appropriate tax settlement agreement; Public-safety concerns; and The casino's economic impact. These are the same concerns I've raised for several months not only about this project but also about the SugarHouse Casino. Unfortunately I haven't received many answers in the past. I hope that these hearings will provide a forum to get those answers, and I am looking forward to discussing those discussions and making the appropriate amendments, if necessary. Let me be clear: This 6 BILLS 080027, 28 - RULES - 2/25/08 exercise is not an exercise in futility; rather, it is an important process that Council must go through to fulfill its responsibilities as legislators. Logistically, because of Council's budget schedule and the complexity of the issues before us, this process may take some time, but I am committed to the process and I look forward to a full discussion. I also recognize that the court may preempt our decision, but that does not change my desire to work in good faith with the communities impacted and the developer. This is an important discussion and an important process. Thank you, Madam President and my fellow Councilmembers and everyone in the chambers today for your interest and patience in this matter.
Thank you, Councilman. 7 BILLS 080027, 28 - RULES - 2/25/08 Again, good morning. Please identify yourself for the record and proceed with your testimony.
Yes, Madam President. Carl Primavera. I'm here with my clients. I'm the attorney for Philadelphia Entertainment and Development Partners, which has been awarded a gaming license to operate a Foxwoods casino on the waterfront in South Philadelphia. To my immediate left is Jim Dougherty, who's the general manager; next to him is (indiscernible) Armentrout, whose title is chief development officer for Foxwoods Development Company; and to his left is Joseph Colbert (sp?), who's chairman of Foxwoods Development Company, Board Of Managers. And, again, I would like to thank both the committee and Councilman DiCicco for allowing us the opportunity to present our plan of 8 BILLS 080027, 28 - RULES - 2/25/08 development to City Council. We're pleased to be able to present a detailed plan. We have the architects, engineers, and other professionals who have been working with the Planning Commission and various City agencies over the course of the year. And we have received, as you will hear from the Planning Commission, a plan development, and we're asking City Council to ratify that as part of the CED, or Casino Entertainment District legislation. We hope and trust that the hearing and those which follow will lead to a cooperative partnership between Foxwoods, the City, and the community, which will reap huge benefits for everyone. So, again, thank you, and I'd like to introduce Jim Dougherty.
Thank you, Carl. Good morning, Madam President 9 BILLS 080027, 28 - RULES - 2/25/08 and members of City Council. My name is Jim Dougherty. I am the general manager of Foxwoods Casino Philadelphia, and I'd like to thank you for the opportunity to come before you today to present our project. Before I get into the details of the Foxwoods project, I would like to take a moment to know why this project is very personal for me. I was born and raised at 27th and Dickinson, St. Gabrielle's parish. For me, this project is about contributing positively to the place where I grew up, and so I welcome the opportunity to be here today to address any questions and concerns about this project. The Foxwoods team understands that there will be questions about any development of this magnitude. We have been working to ensure this project is something that makes sense not just for us but for all of 10 BILLS 080027, 28 - RULES - 2/25/08 Philadelphia. To that end, we have been working for at least two years with professionals at the State and local levels to alleviate concerns that some have voiced. This has been a collaborative process on many levels. We firmly believe we have come up with a well planned development not only in terms of the site plan but also the benefits, protection, and the enhancement of the surrounding communities and the City as a whole will receive. Much has transpired in the 14 months since Foxwoods has been approved to receive a Category II slot machine license. During that time, Foxwoods continued to develop and refine our plans consistent with the CED zoning provisions of the City Charter. We have worked with the City administration and various departments, including the Planning 11 BILLS 080027, 28 - RULES - 2/25/08 Commission, the Streets Department, and Water Department. We have also met with State agencies, including PennDOT, the Department of Environmental Protection, and federal agencies, including the Army Corps of Engineers. Since February of '06, we have conducted a grassroots community outreach campaign with residents, civic organizations, churches, nonprofit agencies, and businesses in the Philadelphia area. Foxwoods's employees and representatives have either hosted or attended more than a hundred meetings. In addition, we have established a community telephone number, an e-mail address for residents to direct questions, make comments, or schedule a meeting. A Foxwoods representative responds to each and every call and e-mail. Throughout [sic] our efforts, 12 BILLS 080027, 28 - RULES - 2/25/08 substantial support has been identified throughout South Philadelphia for this casino. As of today, we welcome this opportunity to present the merits of our project to you, the members of City Council. We are participating in this hearing in good faith, out of respect for you, and with the hope and expectation that, together, we can move this project forward. I must add that while Foxwoods does not agree with the proposed conditions attached to the ordinance 16 as such conditions have never been included in zoning ordinances for other large-scale projects; and, moreover, most of these issues have already been addressed in the development agreement Foxwoods reached with the City. We nonetheless appreciate this chance to appear before you in the hopes that you will view our project objectively. 13 BILLS 080027, 28 - RULES - 2/25/08 We do believe, however, that Foxwoods and City Council are in agreement philosophically on the vast majority of the core issues the conditions attempt to address. As I indicated, most of these issues have been addressed in the development agreement Foxwoods reached with the City following protracted, good-faith negotiations that began over a year ago, in January of 2007.
The development agreement provides for a number of things, including: Full funding of the cost of traffic-mitigation measures required for Phase I of our development plan; An economic opportunity plan that will embody the commitments already made in the diversity plan approved by the Pennsylvania Gaming Control Board and additional commitments to assure diversity in our operations, construction workforces, as well as our purchasing function. 14 BILLS 080027, 28 - RULES - 2/25/08 Foxwoods has already committed to exercising good-faith efforts to ensure that at least 30 percent of our permanent and temporary workforce made is made up of minorities, at least 7 percent of our employees are women, 8 and at least 25 percent of our 9 construction jobs go to minorities, 10 and 10 percent go to women; 11 A commitment to ensure that a 12 significant percentage of our 13 workforce and contractors are hired 14 locally; 15 Funding of a Special Services District at $1 million annually and a payment of up to $50,000 for organizational and startup expenses. We have worked with the City to facilitate community access to the Delaware River waterfront, and we've made a commitment to fund up to $5 million of the cost of improvements to the sewer/storm water system to alleviate problems with the City's 15 BILLS 080027, 28 - RULES - 2/25/08 existing system. While Foxwoods has specifically engineered our plans to ensure we do not burden the City's sewar/storm water system, we have nonetheless agreed to make these additional improvements to help the City alleviate existing flooding issues in South Philadelphia. We have made these commitments voluntarily and in good faith as part of our licensing conditions as well as being interested in being a good corporate citizen and a good neighbor in South Philadelphia. But this is not all. Foxwoods will make contributions well beyond what has been committed to in the development agreement. In first five years of operation, our project is expected to generate sufficient revenues to fund wage-tax reductions for all who live and work in the City of Philadelphia. The City will reap $15 million 16 BILLS 080027, 28 - RULES - 2/25/08 annually in host fees, million of which will directly benefit the Philadelphia public Schools. The City schools will also receive an additional $5 million in revenue annually through a variety of taxes, and the City will receive 4 million annually in addition of local taxes. 3 million a year, from its share of the tax take. While it's not just taxes that are being delayed, our project will generate thousands of direct and indirect jobs. Construction experts forecast this project will generate about a thousand new construction jobs Phase I of the casino will bring nearly a thousand more new casino jobs, at least 65 percent of which will be filled by City residents. We already know there's a 17 BILLS 080027, 28 - RULES - 2/25/08 tremendous excitement and enthusiasm for these positions. Foxwoods hosted a job fair in the fall of '06 that drew more than 400 people, the vast majority of who live in Philadelphia. M. Ward, in the spring of '07, which drew more than 200 local vendors. As we take steps forward to begin our operation, thousands of other indirect jobs will be created, from vendor opportunities to increased tourism. Foxwoods is committed to working with local vendors to support the community in which our casino will be built. I'd like to close with one final comment that really separates Foxwoods Casino Philadelphia from any other development this Council will consider. Our lead local partners have irrevocably committed a hundred 18 BILLS 080027, 28 - RULES - 2/25/08 percent of their properties to charitable causes in perpetuity. This commitment by the lead local partners means that all profits attributed to 42 percent of the casino's present ownership will go to charitable causes. This amount is projected to be between 200 and 300 million over a ten-year period.
The primary focus of these trusts will be underprivileged children in the Philadelphia and South Jersey area. This commitment is unprecedented and will be groundbreaking for the region. It is our belief that the success of our project would not come on the backs of any of the constituencies; and, in fact, we have worked to ensure that Foxwoods Casino Philadelphia contributes positively to South Philadelphia and to the City in general. Based on this information I've presented and the fact that Foxwoods 19 BILLS 080027, 28 - RULES - 2/25/08 has attempted to work collaboratively with the City, there's no reasonable justification for further delays. This is now -- the time is now to move forward together to generate jobs, additional tax revenue, significant funding for those in Philadelphia who need it most. We look forward to your cooperation and support to make this happen. Thank you.
Thank you, Mr. Dougherty. Excuse me, sir. Are you going to testify? (No response.)
Are you testifying? UNIDENTIFIED SPEAKER: Not at this time.
Thank you. Mr. Dougherty, are the traffic improvements that you are proposing 20 BILLS 080027, 28 - RULES - 2/25/08 being made pursuant to a traffic study? If so, who conducted the study, and do we have a copy of their recommendations?
Yes. The Orth-Rodgers, a local Philadelphia firm, was hired as our traffic consultants. I believe you should have a copy of all of the reports that were done by that firm.
(Addressing fellow committee members.) I don't have a copy; does anybody have a copy?
Let me supplement that response, Madam President. We have handed up today to members of the committee an overview brochure, which is a small booklet of the project. We've also handed up a booklet in red from the project engineers. Each of the large boards has been reduced in size for your 21 BILLS 080027, 28 - RULES - 2/25/08 convenience. And then, also, there's what we call "the Bible" or "the mini Bible," which is a condensed version of some of the reports. We have engineering reports, we have a lot of information. The entire traffic study is not in here, but we can have it available to any Councilperson who would like it. We also have Jeff Green from Orth-Rodgers; they prepared the traffic study. I know that there are suggestions that there may be a full hearing just on the traffic issue prepared, but we're prepared to address it at any time during these proceedings. And there is a summary, I believe, of our traffic study and improvements in the Bible, or in this February 25th handout. And, again, if anybody wants to see the larger report, we certainly can make that 22 BILLS 080027, 28 - RULES - 2/25/08 available either during the testimony of Mr. Green or in advance of that so you can be prepared.
We don't have a copy of it. Our independent traffic engineer does.
I think that the members of the committee should meet and certainly be knowledgeable about the traffic study, so I'd appreciate it if you could arrange that --
Mr. Dougherty, do you know what type of commercial uses will be incorporated in the casino project? At this time, do you have any idea what type of commercial uses will be incorporated? 23 BILLS 080027, 28 - RULES - 2/25/08
The project is a multiphase project. Phase I, which has been approved by the Gaming Board and the Planning Commission will have 3,000 slot machines; we will have 4 food and beverage outlets; a parking garage of approximately 4500 spaces; and a multipurpose room, where we would be able to do shows, entertainment banquets.
The construction costs alone were in the 24 BILLS 080027, 28 - RULES - 2/25/08 neighborhood of around $300 million.
There's also a parking component; I don't know if you mentioned that as well.
"Councilman Primavera," thank you very much. (Laughter.)
Mr. Dougherty, tell us, because I'm rather curious, who are the investors in the Washington Philadelphia --
Mm-hmm. What are their ownership interests? if you could share that with us.
The Washington partners comprise 70 percent of the overall project. The structure is 25 BILLS 080027, 28 - RULES - 2/25/08 broken into three charitable trusts: the Rubin Family Charitable Foundation, the Silver Family Charitable Foundation, and Ed Snider. And then on a smaller degree, the investors include Mr. Peter DePaul, Mr. Fred Tisi (sp?), Mr. Quincy Jones, Mr. A.J. Agawall (sp?), Mr. Robert Levy, Mr. Billy King, Ms. Dawn Staley, Mr. Gary Maddox, Miss Sylvia DiBono (sp?), and Miss Joan Steinberg.
And you say that -- did I understand you to say that these investors would be willing to contribute a hundred percent of their --
The lead local investors, the charity trusts, the Rubin family, the Silver family, and the Ed Snider Foundation have all contributed a hundred percent of their profits back to charity.
And is that 42 BILLS 080027, 28 - RULES - 2/25/08 percent of the ownership entity the local owners?
So the 42 percent ownership, which are the three charitable trusts, would be the ones that have committed irrevocably to donate all of their revenues to charity. And that's information that's been imparted to the Casino Commission upon which the license has been granted; am I correct in that?
Sixty percent of the local charity, the Washington partners, which is 42 percent of the overall project.
All right. So basically, the joint venture with Foxwoods and local partners --
-- is that the structure? 27 BILLS 080027, 28 - RULES - 2/25/08
And then the local partners of that, you say some 60 percent --
Of the Washington partners' side, 60 percent of the Washington partner investors, which is equal to 42 percent of the overall project.
All right. So 42 percent of the overall equity ownership is composed of the three entities that are contributing all of their proceeds to charity.
Would that be indefinitely or is it just for Phase 1, or...
And I think the 28 BILLS 080027, 28 - RULES - 2/25/08 background has been that the three principals have been historic Philadelphians who really have decided that this would be a meaningful legacy for them to give back, and it's an exciting thing, obviously, for the young people who will benefit from these proceeds.
Thank you. Mr. Dougherty, your handout states that the project will provide public access to the river. Will the public have access to the 4500 garage-parking spaces that you are proposing?
How does Foxwoods' diversity plan compare to the diversity plan for the 29 BILLS 080027, 28 - RULES - 2/25/08 Convention Center expansion?
Well, that's maybe a question that we need to get more information on. What we can tell you is what we have in our diversity plan. There was a diversity plan, which, I believe, was submitted and approved by the Gaming Board?
And then, obviously -- Nick Moles, who's the general counsel, and I'd like to just introduce him and maybe have him answer that. He's negotiating with the City right now for the formal EOP, which will be a part of this legislation. I think he has until the end of March to complete that under the master agreement with the City.
All 30 BILLS 080027, 28 - RULES - 2/25/08 right. If he will, I'd like him to please come up to the witness table and testify.
Nick, would you want to address that? (Witness comes forward.)
Thank you, Madam Chair. For the record, it's probably one matter that we can resolve very quickly in terms of what's contained within these documents. The economic opportunity plan has employment goals but it has no contracting goals; am I correct?
No, sir. We are working on having contractor goals for our -- T.M. Ward, our general contractor, has committed to having goals also that we will try to obtain. 31 BILLS 080027, 28 - RULES - 2/25/08
But the economic opportunity plan contained within the documents that you've submitted to us today have employment goals but no contracting goals; is that correct?
Within this document? If you could point them out, that would be great.
I'm sorry, sir. You're going to have to identify yourself for the record.
Thank you, Madam President. For the record, Nicholas F. Moles. I'm vice president and general counsel for Foxwoods Casino Philadelphia. In answer to your question, sir, we have not as yet executed an economic opportunity plan. The 32 BILLS 080027, 28 - RULES - 2/25/08 development agreement that we signed anticipates that document being signed by March 31st of 2008. However, through the development agreement, we have implemented various aspects -- or committed to various aspects of diversity hiring and also local hiring as well.
I know you were walking to the table as I asked the question. I said, to resolve this matter quickly in terms of what has already been done and what has been submitted to this committee, your economic opportunity plan, as submitted to this committee, only has employment goals; it has no contracting goals. Is that correct?
There has not been an economic opportunity plan submitted 33 BILLS 080027, 28 - RULES - 2/25/08 to the committee, sir, because it has not been executed.
Okay. If you want to play games, you'll see how this will go. All right. Within your testimony, you referred to an economic opportunity plan. Within this big, thick document you've submitted to us, is there any mention of an economic opportunity plan?
Is there any mention of an economic opportunity plan within these documents, yes or no?
Well, you know what? There are a lot of documents. What we do have that we're going to hand up, and I think it's in the package, there was a letter that general counsel sent to the City 34 BILLS 080027, 28 - RULES - 2/25/08 Solicitor confirming that, as per our written agreement with the City, there will be a plan by March 31st. It's just not completed yet.
No, I do believe the Chair will allow me to ask the questions that I've asked. I do believe the questions I've asked are very simple. Within this document that you've submitted to this committee, is there a mention of an economic opportunity plan, yes or no?
If you turn to Exhibit 5... 35 BILLS 080027, 28 - RULES - 2/25/08
I'll just -- the question that you've asked is in the book under --
Mr. Primavera, if you're going to answer the questions, then you should testify, but I think that this back and forth is not going to work.
I'm sorry. I think that what's been pointed out is that in our booklet, under paragraph 12, there is information that went to the Casino Gaming Board regarding requirements for economic opportunity plans, and we said that we would be willing to both have one with the City, which is a requirement, and also have one with the Gaming Board. It's being negotiated, everything is on the table. We want to hear from this Council as to your direction. We know that every ordinance will have an EOP, so it 36 BILLS 080027, 28 - RULES - 2/25/08 needs to meet your approval. We want to have robust numbers, we want to be as aggressive on those numbers as we can be. It's being negotiated with the City, and because of a lot of other things happening, it's not here today, but we're hopeful to set a new standard for this --
If you turn to Exhibit 5 within this document, there's a November 23, 2007 letter to the City Solicitor -- from the City 37 BILLS 080027, 28 - RULES - 2/25/08 Solicitor. If you turn past that document, there's another letter from the City Solicitor and then there's a confidential, I'm assuming, document. On of that document, there is a number 2.
Okay. So my question was: In the documents that you've submitted to this Council, the economic opportunity plan only includes employment goals; it does not include contracting goals. Is that correct?
Insofar as that's what it says, yes. If that's -- I don't have it committed to memory, but if that's what it says, then that's what it says.
You can read 38 BILLS 080027, 28 - RULES - 2/25/08 it. It doesn't take that long to read. I just got the document this morning.
It says we have an economic opportunity plan, employment commitments...
And that was part of the testimony, that we would have vendor commitments, but I guess it's not in this document.
-- in the document you've submitted to us, in terms of economic opportunity plans, it has employment goals but no contracting goals; is that correct?
That took a 39 BILLS 080027, 28 - RULES - 2/25/08 long time. Thank you.
You're welcome. All right. Mr. Dougherty, what is the amount of money that is available for wage-tax reductions?
The City will receive approximately $15 million, ma'am, in Year 1.
What amount of the revenues mentioned in the first paragraph of is also included in the $40 million in the tax revenues to the City?
He said to 40 BILLS 080027, 28 - RULES - 2/25/08 repeat it, Ann.
Yes. What amount of the revenues mentioned in the first paragraph of is also included in the $40 million in tax revenue to the City?
I'm not sure where you're getting the 4 million, ma'am. Is that in the testimony?
Yeah, let's go through and see how that's broken down. It may well be that it's -- let's just talk about the first-year revenues and what goes to the City by way of the development agreement and the other components.
The 4 percent 41 BILLS 080027, 28 - RULES - 2/25/08 that the City will receive in Year 1 is $14.5 million, ma'am.
Let's get back to the 40 million. Is that $40 million a total or an annual projection?
It says here it's 40 million in tax revenues to the City and more than 300 million in tax revenues to the Commonwealth annually, so that would be 40 million annually just... And then it says "once all three phases of the project are complete," so the 40 million really anticipates, I guess, a total build-out of the development; they wouldn't be Phase 1 revenues.
Is that just Phase I, or is it Phase I, II, and III?
The total taxes that we will be paying to the City, ma'am. This includes wage taxes, taxes 42 BILLS 080027, 28 - RULES - 2/25/08 on the beverages, real estate; that's the total combined taxes of everything that Foxwoods Casino Philadelphia will be paying to the City.
Oh, that's just Phase I; it doesn't include II and III. Let's talk about the employment. You know, we get all of this information as we arrived this morning; I think it's totally unfair. This should have been delivered to us last week.
Well, we apologize for that we know, and we know there's going to be a series of hearings, so we're continually updating it and making it -- 43 BILLS 080027, 28 - RULES - 2/25/08
Well, by the time we get around to reviewing all that you gave us this morning, it will be certainly a lot more hearings. Let's talk about the employment, in the second paragraph. Is 1,780 the total number of jobs that will be created at the casino site when Phase I through Phase III are completed?
Once all three phases are completed, ma'am, we've estimated 1780 jobs for that facility.
How does this result in the creation of 15,000 jobs in the City and 35,000 jobs statewide, as provided under the heading "Economic Impact"?
The offshoot, ma'am. When more tourists come in, the other jobs, the vendors that we will be dealing with, buying more product from them, they, in turn, will be hiring more employees, and we will get -- the 44 BILLS 080027, 28 - RULES - 2/25/08 ripple effect in the construction industry and in the vendors that we deal with will create those jobs not only in the Philadelphia area but throughout the State.
And we had a report by Econsult, which, again, we can make available, but I think some of it's in our materials where they've done a master analysis of the impact of gaming on hospitality, on small business, and on other businesses. So I think that we look at the ripple effect, as Jim said. So we have direct jobs but indirect jobs, much of which really has to do with tying gaming with Philadelphia's tourism and hospitality industry.
Thank you, thank you, Madam President. 45 BILLS 080027, 28 - RULES - 2/25/08 You talk about spinoff as it relates to other economic opportunities. Could any of you speak to what, if any, economic opportunities have presented themselves to Chester since Harrah's has opened? Have any other businesses started up as a result of that, that you know of?
And also on the Convention Center issue, the Convention Center expansion, and I'm somewhat familiar with 'cause I sit on the board. We were planning to do that expansion regardless of whether there was a casino, or casinos, built in Philadelphia. So I don't think it's -- I think it's disingenuous to kind of tack that on. We never anticipated additional revenues, we never anticipated additional tourists coming 46 BILLS 080027, 28 - RULES - 2/25/08 to the City of Philadelphia that would support the Convention Center expansion, and that was that we needed the tool. The tool would be the casinos -- we never looked at that as a tool. And I think, just for the record, we need to make that perfectly clear. If there are no casinos built in the City of Philadelphia -- and I expect that there will be, and I've said that from the beginning, but if none, we would move forward with the Convention Center expansion regardless. And there's no revenues that will go from the casino revenues, none of those revenues will go towards Convention Center expansion. That's a totally funded entity on its own merits; it has nothing to do with casino operations.
Well, we understand that, but the -- our 47 BILLS 080027, 28 - RULES - 2/25/08 response has been that Philadelphia competes nationally for conventions. And we don't have the sun of Florida or Arizona; we have our history and our hospitality, we have our Steven Starr restaurants. And you will look at item 9 in our package, prepared by Steve 10 Mullin, our former great commerce 11 director, Econsult. And basically he 12 studied this whole phenomenon and said that gaming in Philadelphia can really give people that edge to say, Well, if it's New York or Chicago and I have to fight against Florida, having casinos in Philadelphia will just give us that little bit of a competitive edge to grab some of those big, you know, conventions that we need to sustain our growth.
Well, I don't want to argue this point to death. The reason we're doing the expansion is not because of casinos; 48 BILLS 080027, 28 - RULES - 2/25/08 I'll repeat that.
We are in a position to do more Convention Center business irregardless of the casinos, and that has been a part of our discussion at the Convention Center Authority for the last five years. We will have some of the biggest conventions coming into our city, whether or not there are casinos. So my point again is, I don't think we should mix apples and oranges here. I'm not saying that you're trying to do that for any nefarious reasons, but that's not the case. We already know, and that's why we had to get our legislation done a couple weeks ago on the Convention Center, that we have a deadline date. If we didn't meet that date, some of the biggest conventions that we have been wooing for a number of years 49 BILLS 080027, 28 - RULES - 2/25/08 would have gone elsewhere, but we passed some bills, we got it done, and we're on track. So, you know, the Convention Center expansion may be built before the casinos are complete, and we already have those big bookings. So people are coming to Philadelphia. And the other thing is -- and we can argue this, I guess, to death -- there be, in my opinion, a lot of that disposable income from conventioneers who will be coming to Philadelphia, whether it's at the current facility or an expanded facility, that may eventually wind up going to casinos, and I'll grant you that. The problem I have is, what will the restaurants and all of the other businesses have to suffer as a result of that disposable income being spent at the casinos? (Applause.) 50 BILLS 080027, 28 - RULES - 2/25/08
But I will continually -- and you guys can wave Mr. Termini can shake his head, but we all live in Philadelphia, gentlemen, and this is about protecting neighborhoods. It's not about pro-casino, at least not with me, and I've said this a million times at other hearings. It's not pro-casino, anti-casino; it's about protecting neighborhoods. And we'll deal with all pf the other issues, we can deal with that. And I'm off the point of order --
And we're willing to work with local businesses; we have many in support.
And I understand -- 51 BILLS 080027, 28 - RULES - 2/25/08
We think we're going to make the pie bigger. We don't think we're going to fight over an ever-decreasing piece of pie. We think Philadelphia is ready to grow to a new level of prosperity; we just wanted to be a part of it. (Applause.)
And that has been -- that has been the mission of this Council for the 12 years I've been here and, I'm sure, the preceding years, and will continue well long after I'm gone. Thank you. Thank you, Madam President.
You're welcome. I have just one more question, and that's regarding the charitable convictions. If the total cost of the project is $1 billion and 20 to $30 million, is the projected annual profit on 42 percent of the ownership 52 BILLS 080027, 28 - RULES - 2/25/08 of the project, what is the total projected rate of return on the investment? It certainly appears to us that, at the best projection of rate of return, it's less than 7 percent. Are we wrong?
Ma'am, our projections are -- we are coming out very comfortable with from an (indiscernible) where we'd like to be as a --
An (indiscernible) rate, ma'am. The percentage that we're looking at for this project, we are still making money, we still believe it's a very good project for -- not only for Foxwoods but for the City of Philadelphia. 53 BILLS 080027, 28 - RULES - 2/25/08
Other projects that -- (Indiscernible; parties talking over each other.)
All right. So we will be operating within industry norms? (Mr. Primavera consults with other panel members.)
I'm sorry. That was Mr. Colbert, who confirmed -- and then, Jim, did you confirm it as well?
All right. So we're projecting that we'll be well. 54 BILLS 080027, 28 - RULES - 2/25/08 Within industry norms, that this is an acceptable rate of return very similar to other gaming institutions.
Thank you. The Chair recognizes Councilman Kenney.
Thank you, Madam President. Would it be possible if I talked to the individual involved in the traffic study?
Jeff? And we certainly can weave that into our full presentation when we have it, but we'll address your questions now to kind of set that issue up.
It's always a 55 BILLS 080027, 28 - RULES - 2/25/08 pleasure. (Witness comes forward.)
Good morning, everybody. My name is Jeff Green. I'm a principal with Orth-Rodgers & Associates here in Philadelphia.
Thank you. Thank you very much. I have not had an opportunity to read the traffic study. Obviously, we have somewhat of a summary of it in this presentation. But I wanted to turn your attention a little bit to truck traffic on Columbus Boulevard. Was traffic, container traffic, a part of the study of the existing conditions?
We didn't separate out the container trucks from all 56 BILLS 080027, 28 - RULES - 2/25/08 trucks.
Basically, a truck is a truck, and whether it's going to or from a dock or just passing through, it's a truck, and it is affects traffic in much the same way.
The problem with the "truck is a truck theory" is that the trucks that are carrying containers, that are on their way to a port facility have a different issue relative to time and cost, and I think it's critical that we understand the number of containers trucks, both coming into and leaving the facilities in the Port of Philadelphia, so that we can determine, prior to the mitigation efforts, what kinds of delays these companies are going to experience in time delay from the need to sit on Columbus Boulevard while an additional -- and how many additional 57 BILLS 080027, 28 - RULES - 2/25/08 cars are you projecting?
We're adding, depending on the day of the week, more than 20,000, some days 28,000.
So to 7 30,000 cars potentially in this area in 8 unmitigated -- even though we may do 9 signalization mitigation and things 10 like that, but big PennDOT-type ramps 11 and other things will not be done as 12 this place opens, if it does open as 13 you expect. 14 Don't you think it's important 15 that we know the number of container 16 trucks that are going to be sitting on 17 Columbus Boulevard idling while their 18 ships are waiting for them to be 19 loaded? Or unloaded? 20
The delays that we're projecting in the future, after Foxwoods is open, will be less than they are today -- (Laughter.)
What we're saying is that the conditions will be better when we're open than they are now. In effect, our mitigation program has technically said that we will, in effect, improve existing conditions. And, Jeff, is that your statement?
And you're going to go through that in detail when we have our full traffic presentation?
And you've been working with PennDOT and the Streets Department to make sure that what you've said is true?
I really -- Mr. Primavera, I like you, I think you're a very good lawyer, but I really don't like you running the hearing.
We've been doing -- he's here 12 (indicating Councilman DiCicco), I'm here 16.
I'm sorry. The witnesses are not hearing the questions 60 BILLS 080027, 28 - RULES - 2/25/08 because it's a kind of a different environment for them, so I just want to make sure --
(Addressing fellow panel members.) If you don't understand the questions, just --
And I don't we're -- I don't think there's any contention here at all.
I think everybody has been polite and nice to each other, and that's fine. We need to have an understanding that this "truck is a truck" is not passing through; it needs to get to a specific location. So that if I'm driving a truck for the first time through this neighborhood and I'm delivering to Southwest Philly and I get stuck in 61 BILLS 080027, 28 - RULES - 2/25/08 traffic, I'm going to turn off and go somewhere else, but if I've got to get to Packer Avenue Marine Terminal or any of the other facilities there, I have nowhere else to get there, so I'm stuck on this main thoroughfare. And as I'm stuck there, the longer I'm stuck there, the more expensive the endeavor becomes. So I really would like to have some look-see as to the number of container-traffic trucks coming from a specific port facility in the southern end of Philadelphia's port to know what the impact's going to be on the port-related jobs that are there.
Okay? Good. Have you done -- and these truck counts have been done based on times of day and days of the week so we know kind of what's out there at 2 o'clock in the morning as opposed to 62 BILLS 080027, 28 - RULES - 2/25/08 what's out there at 9 o'clock in the morning?
Okay, that's all been done. How long would the estimated larger mitigation efforts -- or mitigation proposals, how long would it take to implement them? I'm not talking about traffic signalization and turning lanes and things we can do immediately; I'm talking about the need perhaps for some ramps or those kinds of things. How long would it take to understand what we need and how long would it take to implement those mitigations?
We expect, for the turning lanes and the traffic signals, one construction season, perhaps one summer, but --
That's correct. In terms of the ramps, in terms of the ramps, we had proposed an additional ramp for southbound I-95 traffic to exit directly to Columbus Boulevard at Dickinson Street. With our coordination --
And where would that -- where's the destination of that ramp?
The destination would be for anybody up and down Columbus Boulevard, particularly to the south of Dickinson as well as our own traffic.
Okay. Has there ever been any ramp mitigation study done in the area closest to the industrial part of the port?
Okay, I'm 64 BILLS 080027, 28 - RULES - 2/25/08 sorry.
When we made that presentation of the ramp to PennDOT, PennDOT has decided -- and that was last summer -- that they would take the lead on any additional access studies to and from I-95 in our area.
I will say, just for my opinion's sake, that that does not give me a lot of confidence, that they're taking it over, just for the record.
Okay? I don't mean to interrupt, but it's just not -- it's not comforting.
I wish I too could control that kind of timing better, but that is a fact. Now, that also gives the City a lot more control as well because normally in these studies, PennDOT will partner with the local jurisdiction; in this case, the City 65 BILLS 080027, 28 - RULES - 2/25/08 of Philadelphia. The issue with PennDOT at that time was, they wanted to look more comprehensively to access than we were prepared to do, and that's why they made that decision.
Let me understand. Is this access to -- for vehicular traffic to the casino facility and to the sounding neighborhood, or access to the industrial port?
Okay. Was there any issues relative to a study of additional ramps -- direct ramps directly into and out of the port in the furthest southern end, where most of the highway access is? I-76 and I-95 and the Port of Philadelphia and Packer Avenue Marine Terminal all converge at that one section further down south than your casino site. Was there any discussion of putting truck 66 BILLS 080027, 28 - RULES - 2/25/08 traffic directly into the maritime facilities as opposed to vehicular traffic directly into the casino facility?
Not as part of our effort. I believe there's an initiative going on now for additional access to that area as well as to the Navy Yard; I don't know much about it, however.
'Cause the real problem with the container-truck traffic is they need to exit at Columbus Boulevard and then get on Columbus Boulevard, a/k/a Delaware Avenue, and go to the industrial port. If we can get the trucks not to leave the highway in the first place and be able to access the industrial port directly, to me, that's a better mitigation than allowing these trucks to continue to get off at Columbus Boulevard or at Dickinson Street. 67 BILLS 080027, 28 - RULES - 2/25/08
As I said, last summer, the decision was made that additional would be -- the study for that additional access, the point-of-access studies, the interchange justification reports would be taken over by PennDOT.
And just as a point of clarification, all of this has to do with what we'll call "Phases II and III," which are, in effect, not on the table today. We don't -- we're not obligated to do Phases II or III. All of the mitigation that's required for what we seek approval for, which is our casino, is being done with, what you said, a summer's worth of work?
And so that's 68 BILLS 080027, 28 - RULES - 2/25/08 why a lot of this is really conceptual, because it just may happen or it may not happen.
But, Mr. Primavera, it is not conceptual that while we're spending a half a billion dollars on dredging the Delaware River, trying to expand our container port traffic in South Philadelphia, it is not, you know, a summer's worth of work to ensure that that work's going to stay there, because I can tell you from my experience in the port is that a shipping company is not going to wait for that container very long before they wind up in Chester or Baltimore or somewhere else. And that's -- that's -- they're real jobs. I mean -- and I'm not denigrating the jobs you guys are creating. I'm saying that those are jobs that exist today that we are going to invest a ton of money in to 69 BILLS 080027, 28 - RULES - 2/25/08 keeping and expanding, and all I need is a continued reputation in Philadelphia that you can't get into the maritime port facility with the additional 20,000 cars on Delaware Avenue because we need to move our company out of here 'cause we can't make money waiting for the containers.
But understand, and I think you do, that while you're energetically defending your proposal and defending your development plan and giving to charity and all that stuff, it's wonderful, but there are existing high-paying, family-raising jobs that exist in the Port of Philadelphia today both on the longshoreman level and the teamster level that are in potential jeopardy because we haven't figured out what we're doing in Phase II or III yet. 70 BILLS 080027, 28 - RULES - 2/25/08 So we're being asked to invest a half a billion dollars in tax money -- both federal, state and local -- and DRP bridge fares to improve bulk and the amount of business we do in the port when, potentially, what you guys are recommending is not going to allow anything to get there.
Oh, no. What I'm saying is, if come back for Phases II and III, we have to come back to this City Council. If you don't like whatever recommendations we have, you won't approve it because you're going to save those jobs for the port people. So there's nothing in -- we're making it easier for people to get to the port with Phase I, and as we go forward, we'll work with you --
How -- I'm sorry, you've got to go back and tell me how you're doing that.
All right. 71 BILLS 080027, 28 - RULES - 2/25/08 Jeff, can you go through that again? Phase I is what we're presenting today; that's our plan of development. Our improvements are going to make things better for everybody right now.
-- and then you can continue and do your thing. The other issue I need you to tell me is whether or not you've looked at in the impact statement on the traffic is the impact of the new Food Distribution Center which is being planned. Have we looked at the new location of the center and what impact it's going to have on truck, vehicular, and other type of traffic in the southern port, in the Food Distribution Center area, and in the surrounding neighborhoods.
As I understand it, 72 BILLS 080027, 28 - RULES - 2/25/08 the Food Distribution Center is moving to the Navy Yard.
No. 7 There's two eagles down there and they're nesting comfortably, and there will be no Food Distribution Center. As a matter of fact, I've seen them. They're quite lovely, they're big -- they're nice -- they're beautiful birds, but they've, in fact, moved the center for us. So we're going to be, as far as I understand, closer to -- on Columbus Boulevard and Oregon Avenue now. So there's an additional coming and going of purveyors, of deliveries, of whatever else is coming and going out of there, and what impact are we going to have on those family-sustaining, teamster, and other types of jobs? 73 BILLS 080027, 28 - RULES - 2/25/08
The Oregon Avenue area has direct access to and from I-95 via the interchange. Very little of our traffic is anticipated to use that interchange. Even without the ramp that you and I talked about earlier, our traffic is mainly using the existing northbound off-ramp directly to Columbus Boulevard, the southbound off-ramp that connects -- or the on-ramp that connects to Morris Street, and then the two ramps to the north up by the double-slide under ramp and the Lombard Circle ramp.
What if I'm a customer of your casino and I've been there two or three times, and when I get off that ramp northbound to Columbus Boulevard, I sit on that ramp 74 BILLS 080027, 28 - RULES - 2/25/08 for quite some time, and I might be from Delaware County or southern New Jersey, and I figure out, you know, I can get off at Front Street and bypass all that junk and get on Columbus Boulevard that way. I mean, does it -- what I found with people -- and you have more experience in this stuff than I do, but when people have experienced long delays, they start to weasel around to find other ways to get where they're going.
And I think one of the communities' concerns is that the streets west of your facility are going to be the escape hatches for the people stuck in traffic. I also have a concern that the escape hatches coming to the place are going to tie up both the Food Distribution Center and port traffic south of your facility. 75 BILLS 080027, 28 - RULES - 2/25/08 And unless you guys take all of that into consideration, we're not going to know what the real answers are when Day One comes and we have a flood of or 30,000 cars. 7
We've actually 8 extended our study. We go all the from 9 Walnut Street Plaza all the way down to 10 the Ikea driveway for our study. 11 That's almost a doubling of the study 12 area that we started with. 13
You didn't 20 put Front, Second, Third and then 21 Moyamensing and Fourth? 22
Well, 24 that's where the -- that's where 25 they're going to go. 76 BILLS 080027, 28 - RULES - 2/25/08
But that's where they're going to go. I mean if I -- look, I hope all of your mitigations work, I really do. I hope they're very successful. Phase I doesn't sound like an awful lot of work; it sounds like some stuff that we're going to do to make it a little better. II and III may be something big, and we'll have some new ramps and things like that. But let me tell you something: I know from being stuck in traffic wherever, if I know another place to go, I'm going. And if I've got cars stuck now on Reed Street and on Moyamensing Avenue and Snyder Avenue, it's going to be a disaster. I mean, ride around on a Saturday -- have you done that?
Ride around 77 BILLS 080027, 28 - RULES - 2/25/08 on a Saturday afternoon or a Saturday morning in those streets west of Front Street. It's a lot of traffic. I mean, it's neighborhood and local traffic, but it's a lot of traffic.
What I will tell, from you our traffic studies, what we have learned is that Columbus Boulevard is the major artery, and our traffic, based upon our calculations, will stick to Columbus Boulevard with the decreases in travel time that we're projecting with the improvements.
The traffic shouldn't have to go off of Columbus Boulevard onto Front Street.
You're absolutely correct: It should not have to do that. But in the event that I'm stuck -- and I do it now. I sit on that stretch of Columbus Boulevard 78 BILLS 080027, 28 - RULES - 2/25/08 from Washington Avenue to Catharine Street, and I try to figure out a way to get the hell off that street and into the neighborhood. I happen to live in the neighborhood but I have to go west in order for me to do anything. I will stop now and get to a point where you can present your traffic study, but if you haven't taken into consideration the issues relative to the commercial port of Philadelphia, to the Food Distribution Center, and to all of those other things we've talked about here, I don't know how valid this mitigation effort and study's going to be. Somebody needs to protect the Port of Philadelphia and its jobs, somebody. Now, to date, no one has, and that's a big concern for us, especially being asked to invest the sums of money that we're being asked to invest in dredging and other 79 BILLS 080027, 28 - RULES - 2/25/08 improvements. And I wish somebody had not dropped the ball or, you know, paid attention before we were here, but we don't regionally do the port, but I guess now we're a part of dealing with the port. So I will end. I appreciate your allowing me to have the time, and we'll wait and see what you have to say on the traffic study. (Applause.)
Thank you. The Chair recognizes Councilman Jones.
Thank you, Madam Chair. As chairperson of the Transportation and Public Utilities Commission [sic], my only question would be: To what degree is mass transportation, mass transit been included in your plan?
It's a substantial 80 BILLS 080027, 28 - RULES - 2/25/08 commitment to mass transportation. SEPTA currently operates five bus routes that terminate at the Pier 70 shopping center. They think there will be enough of a demand, as a result of our facility, to add two more, and they've already thought that through. As a result of that and through our coordination with SEPTA, we have added a bus terminal to our facility, and the section of that bus terminal dedicated to SEPTA will include four bus slots for their operations. There is a second component to the mass transportation issue. Foxwoods has designed into that bus area six slots for buses, charter buses, to and from Foxwoods. They intend to operate a bus program, upwards of 55 buses a day, and that's a fairly substantial bus program. The third component of that effort is, we want to encourage the 81 BILLS 080027, 28 - RULES - 2/25/08 dialogue that's ongoing now relative to the light-rail system that we've all heard about in the newspapers recently along Columbus Boulevard that SEPTA and the Delaware River Port Authority are working on. That, we believe, will bring a lot of Center City customers to our facility, taking a lot of cars and taxis off the roads. There's a fourth component.
I'm talking about -- the Port Authority and SEPTA are cooperating -- in fact, I understand they've held a hearing already -- on a potential light-rail system for Columbus Boulevard.
Not yet. I'm sorry, I take that back. PATCO's a part of the Delaware River Port Authority, and we had talked to them 82 BILLS 080027, 28 - RULES - 2/25/08 about a water-taxi service to and from New Jersey and along the various points on the Philadelphia side and New Jersey side of the Delaware River. And that's another thing we'd like to cooperate with them on. So we are trying to create as strong a linkage as we can with public transportation. It can only help the traffic situation by getting cars off the road and promote all of the good things that development along this corridor can.
To what degree are you going to encourage your employees to take public transportation?
We don't think we're going to have to. We believe that about 30 percent of our employees are going to use SEPTA, given our commitments to hire Philadelphians.
And A lot of people come from the area anyway. 83 BILLS 080027, 28 - RULES - 2/25/08
Thank you. (Councilman Kenney acting as committee chair.)
Thank you, Mr. Chairman. Getting back to the economic opportunity plan --
Councilman Goode, if I may, while the gentleman from Orth-Rodgers is here,I just want to follow up on one more traffic --
Thank you, thank you, Mr. Chairman. Thank you, Councilman Goode. I just want to emphasize again what Councilman Kenney said. I think it's imperative, even from the perspective of your casino, assuming 84 BILLS 080027, 28 - RULES - 2/25/08 you get a green light to operate, that you take into consideration the impact on the sounding neighborhoods, and, in particular, Front Street. I live at 11th and Federal. When I go down to Lowe's or Home Depot or whatever, but generally Lowe's and Ikea, I travel east on Wharton Street. I get to Front and I make a right; I never go to Columbus Boulevard 'cause I know I'm going to be stuck in traffic. And I hate -- I actually was hesitant to say that 'cause I don't want to give anybody out there who's listening ideas to go through the neighborhood, but that's the reality. And I had a conversation with an attorney who's a developer in the city not too long ago, and he said the same thing: How do you get there? He says, "I'm always stuck on Columbus Boulevard." I said, "Take Front Street. It's the logical way to get 85 BILLS 080027, 28 - RULES - 2/25/08 there." So if we're talking somewhere between and 25,000 additional cars 5 converging on that site, people are 6 going to find alternatives, and it's 7 going to go beyond Front Street. But 8 Front Street it -- you know, it's wide 9 from Washington Avenue, it's wide all 10 the way up north, but from Washington 11 Avenue going south to Morris, it's a 12 wide street and it kind of makes you 13 feel as though it's going to be easier 14 to get there 'cause it -- you know, 15 it's a wider street, it's got two 16 lanes. 17
I'd like to go back 18 to my testimony at the Gaming 19 Commission in Harrisburg because, 20 Councilman, I was asked a very similar question, and it came out of a comment that they had received, which is exactly the comment that you just brought forward. When you get into a 86 BILLS 080027, 28 - RULES - 2/25/08 neighborhood like the adjacent blocks in South Philadelphia, the only way to do a good study is to work with the citizens there because the issue is not the number of vehicles -- sometimes perhaps it is -- but it's a lot of other issues. It's loading, it's unloading, it's parking, it's on-street operations, it's intersection controls. And we could do a lot of counting of things and observations, but I think the best way to do it is to work with the citizens themselves to come up with a real plan, and we have committed to do that as part of our Gaming Board testimony. (Applause.)
And there's another feature. There's going to be this system -- and we didn't talk about it because we'll have it in the formal presentation, but we're going to have realtime communication, video, audio, 87 BILLS 080027, 28 - RULES - 2/25/08 with the police department, so what the police department will do is, they'll be looking at it and they can change the timing so that they can allow, you know, cars in one direction to move through different lights. So this complete high-tech, interactive system, which we're doing at our own expense for the City of Philadelphia Police Department, there will be people monitoring this, so it'll be real time. So, Jeff, that's a big part of what we're hoping to bring to the table for everybody's sake.
I won't go into any -- we're going to have a hearing on March the 10th, which is more related to the traffic, so I won't belabor the record today any further. So thank you. And thank you, Councilman Goode.
Councilman Goode. 88 BILLS 080027, 28 - RULES - 2/25/08
Thank you, Mr. Chairman. All right. Getting back to the economic opportunity plan, I note within the testimony that the plan was approved by the Pennsylvania Gaming Control Board. Can you explain for the record why the Control Board would approve a plan with only employment goals but not contracting goals?
No, sir, I can't explain why. We followed the format that the Gaming Board asked us to submit. Our opportunity plan we've also mirrored it after what Foxwoods does in Connecticut. And at this point, it was found acceptable by the Pennsylvania Gaming Control Board.
Is it not true that it was originally intended that there would be specifically supply relationships established as part of the gaming process that would take care of the minority inclusion, and then at 89 BILLS 080027, 28 - RULES - 2/25/08 a later point, the provision for those supplier relationships was then removed? Were you not aware of that?
I believe that was at one point, yes, sir, that they had set up intermediates to handle certain distributions in the state of Pennsylvania.
So with the removal of the supplier relationships, which was supposed to boost diversity and inclusion for minority businesses, do you not believe that there should not have been some other requirement by the Gaming Control Board to make sure that there was contracting inclusion? If originally it was supposed to happen through supplier relationships that would be aggressively pursued and that was taken out, shouldn't something else have been taken back in?
I believe that the requirement for some of those intermediate companies were just that 90 BILLS 080027, 28 - RULES - 2/25/08 they were established in Pennsylvania and they were some of the larger slot manufactures that we need to deal with. I think our commitment to dealing with the diversity in local vendors, sir, we will do a very good job in making sure that happens. The Foxwoods reputation in Connecticut for dealing with diversity, sir, is an outstanding record, and we'll bring that same record here to Philadelphia.
Are you aware of any other diversity plans that were submitted to the Gaming Control Commission?
Do you believe that there should have been a requirement in terms of business contracting as a part of the diversity plan?
Sir, I believe we'll make the commitment. I'm not 91 BILLS 080027, 28 - RULES - 2/25/08 sure if you're -- legally if you're allowed to put a percentage out there, but I think there's got to be a commitment from any development coming into the City that we will make a commitment to the local suppliers or businesses in Philadelphia to do business with them.
Well, you have commitments for employment goals in terms of percentages and it is legal to have percentages for business contracting. Do you have any idea as of now what sort of diversity you're looking for in terms of business contracting?
Not offhand, no, sir. I think we were starting negotiations with the City to develop the EOP plan, and those percentages we would outline and then work with the City on that.
So you said you looked at the format provided by 92 BILLS 080027, 28 - RULES - 2/25/08 the Gaming Control Board?
We knew that once we got involved with the project, we'd be working with the city, yes.
And at what point do you expect your economic opportunity plan to be complete?
We've agreed with the City administration that we would have it done by the end of March.
And so there is no expectation that this committee would consider this legislation without that plan, is there?
Okay. 93 BILLS 080027, 28 - RULES - 2/25/08 Councilwoman Brown, do you have a question?
Also, not having had the benefit of this document, let me do a follow-up to Councilman Jones' question regarding transportation, and then I'll get to my interests. Councilman Jones, who had to leave, indicated that -- or had the inquiry, have you ever considered incentivizing employees to use public transportation? Because in doing that, it just might help in removing X-number of cars off the streets, period.
Yes, ma'am, we've had some discussions internally; 94 BILLS 080027, 28 - RULES - 2/25/08 we've not made any formal decisions yet. But do we supply the tokens or various methods that we can have to encourage our employees to use SEPTA, we're having those conversations; we have not made a decision at this point.
Do you have a track record at all in other cities of having incentivized employees for mass transit?
To help take those cars off the street, yes, ma'am. I think it's a positive thing we need to do. And, at this point, like I said, we're working out the economics, how we see that working.
I believe it's something we will be doing somehow, some way, but I can't give you any details at this point.
Okay. A number of us on City Council, in addition to being deeply concerned about EOP plans, and we all pay attention to those numbers, a number of us now pay a keen interest to being green and going green and building green, so with -- and I haven't had the benefit of this document. Is there any discussion in the document about building green?
Yes, ma'am. We're LEED-certified. We've committed to spending roughly about a million dollars for a partial green roof and a cool roof.
A cool roof. I 96 BILLS 080027, 28 - RULES - 2/25/08 had not heard of it before.
I would like to get one of the a engineers to come over who could probably give a better description of it.
Blondell, I think it's more a white roof than a black-tar roof.
You know, 97 BILLS 080027, 28 - RULES - 2/25/08 reflective instead of absorbing the heat.
This is Mark Brodsky, who, in a minute or two, is going to do the formal presentation. He's with EwingCole, one of the largest engineering and architectural companies. They're based in Philadelphia. Mark, can you just tell us what the cool roof is and about your LEED program.
My name is Mark Brodsky. I work for EwingCole. I'm the project manager for Foxwoods. Our entire facility is covered with a cool roof; that is an 98 BILLS 080027, 28 - RULES - 2/25/08 energy-saving roof that reflects absorbed heat, and that alone gives us the LEED points that we would need for that component of the building. In response to the interests of the City through the Planning Commission, we added a vegetative roof for both the appearance and really a statement about Philadelphia as a green city. It doesn't really add to our energy efficiency or give us any LEED points.
What it does do, however, is, it's going to change the calculations potentially for your storm-water management costs. So in the end, the green roof does -- once the City reestablishes or retools their storm-water management fees, you will find that big boxes, for want of a better term, are going to save a ton of money by having a delayed entrance into the storm-water system through a green roof, so you will be saving substantial 99 BILLS 080027, 28 - RULES - 2/25/08 money in your storm-water management.
I believe that's generally the case, and I'll defer to the civil engineers because they know a whole lot more than I do, but my belief is that because of the storm-water management system that we have onsite, regardless of the roof, that that delay is already part of our system, as you know. We don't burden the public storm-water system.
That's it with regards to questions around building green. Thank you, sir. Can someone speak to, if you would, one good news that came out of the building of the Convention Center 100 BILLS 080027, 28 - RULES - 2/25/08 was around employment and training, getting Philadelphia residents in the pipeline and, in some instances, a career path in the hospitality industry. Any discussion or consideration of that with Foxwoods? Any track record of having done that in other cities?
Yes, ma'am. We've had numerous discussions with organizations throughout the City of Philadelphia: OIC, SEEP, Congresso, CSI, who deals with disadvantaged people, some of the vet programs. We've made initial contacts with each of them. They're all very willing to deal with us and work with us, as are we willing to work with them moving forward.
Okay. And so what does that mean? Is there a willingness, is there a commitment to have some level of employment and 101 BILLS 080027, 28 - RULES - 2/25/08 training with local nonprofits around the ultimate building-out of this casino?
You know, one of things that we want to encourage City Council to look into are vendor programs, and I think Councilman Goode mentioned it. Anyone who does business with the casino has to be approved by the Casino Control Board. In other areas of the country, many companies have been loath to do that because it is a very complex process of application, interview, and scrutiny. That has hurt minorities because they have not been anxious to deal with that level of bureaucracy. 102 BILLS 080027, 28 - RULES - 2/25/08 We have said that we would like for the City to help us in encouraging minority and small business. Don't be afraid of this scrutiny. There's a huge amount of vending and contracting, and we need to encourage companies to look at this as an opportunity, not as government looking over your shoulder.
So we need to work with City Council and other groups so that we don't have the experience that other people have had, where you say, Gee, where are these opportunities to contract?
So have you had a chance to think through what work with City Council means strategically?
Well, we're 103 BILLS 080027, 28 - RULES - 2/25/08 hoping that we can come up with a brochure.
It would be a user-friendly brochure that we can give out and work with the Chamber of Commerce and the minority Chambers of Commerce, because the reality is that nobody wants to deal with the IRS or anything like that, and there is a lot of scrutiny that goes into this, but the amount of work that's going to be available is well worth the bureaucracy. So we'll give it more thought, but we're thinking of putting together brochures, going to the Councilmatic districts, going to some of the nonprofits. We would hate to think that people are not going to take advantage of this because they have to be certified.
And it is not 104 BILLS 080027, 28 - RULES - 2/25/08 an easy thing to be certified. Maybe we can even work with the board to create what I'll call "fast track."
You know, not everybody needs the same level of security. If someone's going to be doing some type of work, you shouldn't have the same level of interview as if you're going to be managing money or something like that.
So we're throwing that out there. We'll try to be a partner, but this has come up as an issue that we need to deal with as we hopefully increase the amount of small business and minority participation in vending.
Okay. Let me switch back to going green again. Alternative forms of transportation. We have mass transit. What about the whole notion of bike 105 BILLS 080027, 28 - RULES - 2/25/08 rack availability as another alternative means of transportation and being environmentally conscientious?
Ma'am, we've committed to having public access to the waterfront, and it will be a park-like setting along the riverfront where people could ride a bike or they could job. So those opportunities will exist also.
So that includes actually bike racks at your facilities for employees who opt to bike?
Yes. You'll see in the materials that we put up on your desk there that one of the plan-of- development drawings shows bike racks that will be provided for the public along the public promenade at the 106 BILLS 080027, 28 - RULES - 2/25/08 river's edge.
Right, we'll be encouraging the employees, and we certainly have plenty of room to put bike racks in our parking areas, and that will be a part of the operations program once we get underway.
Okay. Well, thank you all for your testimony. Thank you, Mr. Chairman. (Council President Verna resumes chairing of the committee.)
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam Chair. Getting back to your statement about the availability of minority contractors, do you know how many are certified right now? 107 BILLS 080027, 28 - RULES - 2/25/08
Not with the State right now. The State got into this part of the process?
Yet you felt comfortable coming before this 108 BILLS 080027, 28 - RULES - 2/25/08 committee and just anecdotally throwing out there that some minorities might have issues with the paperwork and bureaucracy.
No, this has been our experience in gaming -- and it's been small business, not minorities, but small business.
I thought I said both, and the reality is that we're trying to find a way so that the bureaucracy doesn't, in effect, frustrate that.
But you have no idea how many businesses are certified?
I don't know if any are yet. The two casinos have yet to be developed.
There are businesses that are licensed and certified by the gaming (indiscernible) 109 BILLS 080027, 28 - RULES - 2/25/08 so our gaming operation's open.
So you don't know whether you have a problem yet in terms of contract inclusion.
Yeah, I've heard from the gaming professionals that it's a problem nationally, and I know the concern that City Council has -- (Indiscernible; parties talking over each other.)
But you have not heard yet that there's any problem locally in terms of contract inclusion.
No, no. 23 Actually, he made the statement, and I'm asking him the question.
I guess what 110 BILLS 080027, 28 - RULES - 2/25/08 Jim's saying is that in Chester, they're having a problem, so we're trying to anticipate the problem so we don't have it in Philadelphia. We want to do better than Chester.
When Harrah's in Chester was under construction, T.M. Ward was the general contractor, who was also the general contractor for Foxwoods Casino Philadelphia. The Gaming Board started the licensing process after the construction had already started. A lot of the companies were not willing to move forward to get license. T.M. Ward brought that issue to us when we hired them, so now it's going to be a potential issue. That's one of the reasons why, when we held the construction fair and we invited -- and about 200 companies showed up, we asked the Gaming Board 111 BILLS 080027, 28 - RULES - 2/25/08 representatives to come in to be able to explain to the vendors and the business people what was required. The Gaming Board has been very understanding, willing to attend any of the seminars that we've asked them to attend so that they can then teach and show the people the correct process for getting vendorized.
Explain to me again what the specific problem was in Chester.
When the smaller companies were asked to become a license, there was a variety of applications that needed to be completed. A lot of companies bulked at completing the applications --
I would ask -- 112 BILLS 080027, 28 - RULES - 2/25/08 maybe I can have somebody from T.M. Ward could give you specifics about the companies, but they were companies from this area that I'm aware of, sir.
You don't know whether they from Philadelphia, you don't know if they were from the Greater Philadelphia area. Other than Chester, you don't necessarily -- you don't definitively know anything other than, anecdotally, there seemed to be a problem there, and so you want to make sure there's not a problem here --
But you don't know that there is a problem here yet; is that correct?
Well, sir, the vendor fair that we had, there were a lot of companies from the Philadelphia area that were raising questions about how the process worked.
So I think 113 BILLS 080027, 28 - RULES - 2/25/08 there are some concerns out there.
The statement that was made on the record -- and this is actually for clarity on the record. The presumption was made that small minority businesses would have problems with the bureaucracy, would not want to fill out the paperwork, that there needs to be some partnership with City Council to make sure that happens so that there is an available pool of small minority businesses. That's all based upon something anecdotally that happened in Chester but not based upon anything here that we should be seriously considering at this time. And every time you do something like that related to the discussion of economic opportunity plan, not only will I call you on it, but it's going to take away from your credibility, okay? 114 BILLS 080027, 28 - RULES - 2/25/08 Thank you.
Didn't mean to offend. We're trying to be helpful, and I'm sorry if I offended you in any way.
Thank you, Madam Chair. And good morning again -- it is still morning. I just want to stay on this employment issue just for a brief moment. You stat that the construction will be done by the trades. Will you be allowing your employees to unionize?
They will have that option? At anytime, would Foxwoods attempt to claim tribal land to avoid certain prevailing-wage laws?
Absolutely not, 115 BILLS 080027, 28 - RULES - 2/25/08 sir.
I'm not an attorney but I need to establish a record. The development plan that we have today, the current one, is that different than the one that was presented to the Gaming Board; and if so, how is it different?
No, sir. I think it's identical, the plan that was submitted. There may have been some tweaks as we have gone through the process, specifically when it comes to some of the traffic mitigation plans. Some of those issues have been tweaked a little bit as we worked with the Streets Department and the Penn Department -- or PennDOT rather, excuse me.
But I think the plan is identical to -- or similar to what we submitted. I don't think there was any major differences between the plans.
Would you please check on that? And if you don't have an answer today, could you bring that back to the next meeting? I sense that there may be some significant changes, but I'll rely on your testimony at the next hearing.
There are rumors that PEDP is considering purchasing neighboring properties -- Sheet Metal, Wal-Mart, Home Depot, Comcast property. Is there any truth to that?
Well, sir, we're always looking at opportunities, but at this point, I would say there's nothing of substance that we're moving forward on. 117 BILLS 080027, 28 - RULES - 2/25/08
You know that there are challenges to this site, and we've always understood that, traffic being a major ones.
Has there ever been any consideration to look to move?
Yes, Councilman, we have. I believe we talked about looking at a couple different sites, but we, at the end of the day, still believe this is the most ideal site for Foxwoods Casino.
And why is that? Give me some of the reasons why you thought that it makes more sense to continue to try to develop at this site as opposed to other sites?
Sir, the site has been designated as a potential 118 BILLS 080027, 28 - RULES - 2/25/08 casino for a number of years. It was optioned by Bally's back in '80s as a potential site for riverboat gaming. We believe the location, with the traffic -- with the mitigation factors that we're going to bring to the table, will make this an ideal site for a casino.
I don't believe, sir, that those sites brought the same demographics to the table and gave us the same access that we needed.
Fair enough, although I do disagree that when, back in the '80s -- and I've said this at a number of meetings and probably here as well -- Columbus Boulevard, Delaware Avenue was a totally different environment 20 years ago than it is today. We didn't have -- and the traffic mitigation, 119 BILLS 080027, 28 - RULES - 2/25/08 obviously, is the big issue, but we didn't have Home Depot, Lowe's, Ikea, all those big places. So it's certainly a different corridor than it was years ago. And I don't know if 7 we'd be having this -- we may be having 8 this, but we may not be having such a 9 major debate had this been proposed 20 10 years ago. 11 Will you participate in the 12 City tax abatement program? And/or 13 would you consider waiving the 14 abatement one hundred percent? 15
No. We have a 18 plan of development that addresses 19 that, that was signed, and that's a 20 public record that talks about the participation in the abatement program and givebacks and all of that. That was something negotiated, I guess, with the administration.
The prior 120 BILLS 080027, 28 - RULES - 2/25/08 administration.
Do you remember when that was consummated, approximately?
It took about six months of work, but it was probably consummated --
January 4, '08, three days before the new administration, or three days before the old administration left, right?
Well, I think they were trying to finish up a year's worth of work.
Oh, they absolutely were, and they succeeded, they succeeded. Thank you.
121 BILLS 080027, 28 - RULES - 2/25/08 Mr. Dougherty, you've stated that you've hosted -- you, your organization, your company has hosted a number of meetings, somewhere around a hundred different meetings. Could you tell me, like, where those meetings -- who they've been with? Aside From City agencies and State agencies.
Local organizations from South Philadelphia, the churches, the --
Groups like SEEP, which are located down in South Philadelphia; a number of individual business owners; some individual residents of South Philadelphia; a number of the different business groups such as the Washington Avenue Business Association, the East Passyunk group. I could provide a list to the Council, if you'd like, of all the different groups that we've met with. 122 BILLS 080027, 28 - RULES - 2/25/08
Do you have a list of the civic associations or their representatives that you've met with?
I could put that together -- we can get that together for you, Councilman, yes.
I do have a couple of more questions. There was a flyer form, I think. It may have been in the form of a flyer, Foxwoods Casino Philadelphia, and it says, "City Council introduces CED legislation." Are you familiar with that?
I believe so, Councilman. 123 BILLS 080027, 28 - RULES - 2/25/08
Yeah, and it's also in your testimony. You speak to the eight conditions that the bill 8 that Foxwoods must satisfy in order for zoning to go into effect, and you talk about the conditions that were laid out in their benefits agreement improvements to public safety, traffic, et cetera. And then it says (reading from flyer) that the proposed ordinances are highly unusual. There has never been a case where conditions have been attached to other zoning legislation, including those transmitted for the casino sites last year. I'm not -- I think Mr. Primavera probably can -- we have -- this is not unusual, when a development project is presented where either the City and/or the communities 124 BILLS 080027, 28 - RULES - 2/25/08 who will be impacted have entered into conditions; is that not correct?
I mean, I think we've had a number of projects that you and I have dealt with.
Absolutely. And I think, of everyone on City Council, you're obviously probably most affiliated with what I would call "pro-business, pro-development." I think our concern here -- and we have a letter we've sent to the City Solicitor as to the legal form. The conditions are conditions precedent to the effective date. The original CED legislation that this Council prepared set up the standards for casino and entertainment districts and basically said that we'll remap it, and then we'll hear about the plan of development after it's been approved by the Planning Commission. The plan of development, 125 BILLS 080027, 28 - RULES - 2/25/08 in effect, is the guarantees that all of the traffic and all of the important zoning issues have been addressed. So we think by having our plan of development approved by the Planning Commission that basically we've done community from a zoning viewpoint. Now, if there are other issues, like community benefits agreements or things of that nature or a Special Services District, we're always willing to talk about that. But in terms of pure zoning the CED legislation created zoning for casinos, we have a license we paid $50 million for from the State, and now we have a plan of development that the Planning Commission, at a public hearing, approved, and you're going to hear that plan today, so we don't believe that, from a zoning perspective, there's any more open issues. 126 BILLS 080027, 28 - RULES - 2/25/08 That doesn't mean we won't continue to meet with community groups and negotiate benefit packages and employment packages, but on pure zoning, we do think that this ordinance is different than what we've seen in the past.
Well, I'm not going to attempt to debate you; you're an attorney and I'm not. But I do think that we've had opportunities in the past, and experience has shown that although we may have some things in place, when we hear what the community has to say and we listen to them and we try to cooperate, we have made changes, and I think we may have made changes in zoning laws, I mean, as we go through these processes on development, because things are constantly changing. What was good 20 years ago in terms of housing in one neighborhood may not be appropriate 127 BILLS 080027, 28 - RULES - 2/25/08 today.
And we have to change those things, and we do those in a collaborative way.
And I was just going to say, we -- there's not an issue that we won't work with Council, the community in a collaborative way. We think a lot of them, as you will hear, have been addressed, or a lot of them come at a later phase in the process. We think the eight issues in the ordinance are all important talking points; we just don't think that the timing, as set in that ordinance, is appropriate. But there's nothing on any list of legitimate issues and talking points that we won't address in detail and in good faith. In that regard, we're in agreement; we just think that 128 BILLS 080027, 28 - RULES - 2/25/08 we've accomplished a lot of these things already, and hopefully we'll convince Council, through these hearings, that we have accomplished them.
I think -- Mr. Dougherty, I think you mentioned something that, when I asked a question of who you had met with, what groups organizations, did you mention something about the parishioners of certain various parishes? Or no. 14
We met with the group SEEP, and I believe that they had some of their meetings at the Annunciation parish. I believe it's Tenth and Wharton.
No other meetings with Sacred Heart, Our Lady of Mt. Carmel?
Yes. Some of our representatives have met with Mount Carmel.
Who did 129 BILLS 080027, 28 - RULES - 2/25/08 they meet with?
Offhand, I don't remember, sir. I know we had a combination of meetings, but I don't remember offhand who set those meetings up.
So if you can provide us with the name, or names, of the folks who scheduled those meetings, I'd appreciate it, and forward that to the chair. Thank you.
I did miss some of your testimony, but do you have a particular staff person or unit 130 BILLS 080027, 28 - RULES - 2/25/08 that will handle the diversity issues around employment, contracting, vendors? Who would one call? And do you plan on having another job fair and the construction fair? Would that be this T.M. Ward.
Well, T.M. Ward is the general contractor, ma'am. If we have a construction fair for the vendors and businesses that handle construction-related services, T.M. Ward would be involved with that. The current contact would be myself for any questions anyone else, but we have agreed that we will designate a senior executive on the committee -- on our team to handle all of the diversity issues and be responsible for implementing that throughout the company.
No, ma'am, we do not. 131 BILLS 080027, 28 - RULES - 2/25/08
Okay. And what will your hiring priorities be? Will you be looking at a particular percentage of people from within certain zip codes that live around this area in South Philadelphia?
We've looked at a number of the local organizations down in South Philadelphia. And at the end of the day, ma'am, I'm looking to hire the best employees that I can, so I'm willing and able to work with a lot of different groups and associations down in South Philadelphia and in Philadelphia that provide training, and I'm going to use them as a win/win. In other words, they get the opportunity to bring some business in, and I'm able to get some good employees.
Okay. What local training groups have you talked to?
We've met with the group SEEP in South Philadelphia, 132 BILLS 080027, 28 - RULES - 2/25/08 OIC, Congreso, CSI which works with people with disabilities are the groups offhand that I know we've all talked to, and we've had some very good discussions with each of those groups moving forward.
In the casino material, it says that for Phase I, we'll have 950 jobs, and we've committed 65 percent to be filled by City residents.
Okay, City residents, okay. I know with some of the other casinos, they gave priority to folk that, you know, the Bud site was actually a part -- I was a part of the negotiations there. And at that point, we sort of came up with a percentage of hiring people from the local zip codes and then go to citywide. So I was just wondering, had 133 BILLS 080027, 28 - RULES - 2/25/08 you done the same thing?
Okay. And are you going to have any additional job fairs and construction fairs?
And you notify people how about those? Because I don't think I've ever received anything in my office that talked about a job fair or a construction fair.
Well, for the one job fair, ma'am, we only did a local advertisement in the South Philadelphia Review. A couple of groups in South Philly had asked us if we'd have more of an educational fair 'cause it really wasn't a job fair at that point; we weren't -- we're not accepting applications.
Okay. Yeah, I know it does have to be an 134 BILLS 080027, 28 - RULES - 2/25/08 information and educational fair 'cause certainly this business, this industry is new to Philadelphia, and so --
Going forward, ma'am, I would be using all of the various chambers that exist. We've had chats with them and we've put them on our mailing lists and they can get the information out to their respective members.
And it may be helpful to send information to the Council Districts as well so that --
They have networks that they can give the information out, absolutely.
You're welcome. The Chair recognizes Councilman Green. 135 BILLS 080027, 28 - RULES - 2/25/08
Thank you for being here today. I just have a few short questions. You said it took six months to negotiate the development agreement with the City of Philadelphia?
We started in February of '06 and have continually updated the study to this day.
Uh... It -- it -- it was... No, to the extent that there's going to be a series of comment letters that we'll be receiving shortly 136 BILLS 080027, 28 - RULES - 2/25/08 and we'll have to respond to them and update the traffic study.
Just so I'm clear, you're asking for a zoning change from this body without a complete traffic study done.
There was a completed traffic study done for April of 2006 -- I believe it was 2006 -- and that was a complete study for the Gaming Board, and that's the study that we believe is complete for zoning purposes. Since that time, we've worked on expanding and modifying the design. So, yes, there is a completed traffic study. The traffic --
That's all I have on that. Do you think it's appropriate for a body to be asked to make a zoning change to study the impact, economic, quality of life and otherwise on the ports and neighborhoods surrounding the casinos? Do you think it's appropriate for us to study the economic impact or the impact on quality of life in the neighborhoods and the ports surrounding the casinos as part of a zoning-change request?
Well, I would say this, that I think it's always good to study and share. It's not a part of a zoning process that I would think is appropriate for a zoning ordinance. We do have a report from the Econsult; it does talk about jobs. But I don't think that you can talk about commercial impact every time you go to build something, because, to 138 BILLS 080027, 28 - RULES - 2/25/08 some extent, that's really not zoning power. The zoning is getting everything in its place, but it's --
Excuse me, Mr. Primavera. Have you ever been before this body before on a zoning matter?
And were questions raised by this body about the quality of life of the people who are surrounding the prospective development that you propose to --
So you're saying it's unusual for us to ask about the quality of life in the neighborhoods surrounding this Foxwoods Casino?
No, no. I just said -- I thought the question really is the question about -- 139 BILLS 080027, 28 - RULES - 2/25/08
I asked the question, and the question was: Is it appropriate for us to look at the impact on the quality of life in the neighborhoods surrounding the casino as part of a zoning change matter?
It is, okay. Did your traffic study look at the impact on the quality of life of the surrounding -- of the neighborhoods surrounding the casino through studying increased traffic, et cetera?
I'm sorry. I thought we had testimony earlier from your traffic engineer that he did not go past Front Street --
As a 140 BILLS 080027, 28 - RULES - 2/25/08 professional, he used standards in the industry, because to some extent, you have to define the area of interest, so he followed engineering standards, and basically the standards that he followed indicated that traffic will benefit when we open for business because of our infrastructure improvement.
Traffic in the area studied. Okay, I'm suggesting that it's appropriate for us to ask for a study that looks at the impact on the economic activity in the port and the effect on the surrounding neighborhoods prior to us making a determination on a zoning change request. (Applause.)
And we think that's legitimate, it's absolutely legitimate. And when you hear the plan of development, under the CED ordinance, which is currently on the books, the guarantee that City Council 141 BILLS 080027, 28 - RULES - 2/25/08 is satisfying its obligation to the public is that it will receive from the Planning Commission and the applicant the plan of development. As you will hear from the Planning Commission and as you'll hear from us when we do into the details --
You can, you know... So how long would it take you to provide us with the information about the economic activity at the port and the effect on the neighborhoods around Foxwoods? I think you said your original study was from February '06 to when?
Is this the 142 BILLS 080027, 28 - RULES - 2/25/08 traffic study?
It's an organic study, and I think what Jeff said was, we continue to go and test it and improve it. We have a traffic study that's been approved. The Streets Department has approved it, PennDOT, the Planning Commission has approved it. But, again, we will constantly measure and test, because, as has been suggested, there's always changes in real time, something opens, something closes, so it's never done. It's an organic document.
I understand. I'm not a member of this committee, but I would certainly respectfully suggest that we ask them to deliver a study that looks at the economic impact on the ports and on the quality of life in the neighborhoods as a result of the increased traffic as 143 BILLS 080027, 28 - RULES - 2/25/08 part of the consideration of this zoning change. (Applause.)
I believe that this hearing will be continued to a date certain, and at that time, we will be addressing those issues.
I just -- thank you, Madam President. I just had a few more questions. You mentioned that the 42 percent of the equity that is going into charitable contributions would be worth approximately $200 million a year; is that correct?
No, Councilman. It would be over a ten-year period. We've estimated it would be over about $200 million. 144 BILLS 080027, 28 - RULES - 2/25/08
Over a ten-year period, so was that a statement of the amount of money that the foundations are going to invest in charitable endeavors, or was it a statement about the amount of money that will be made by that 42 percent of equity over a ten-year period?
That's the amount of money we believe the charities will have available to them that they can use as they see to help underprivileged children.
Okay. So is that a hundred percent of the 42 percent of the equity?
Okay. So essentially, the local interests are getting about $20 million year? 145 BILLS 080027, 28 - RULES - 2/25/08
Thank you. Are there any other questions from members of the committee of this panel?
Unfortunately, no, Mr. Councilman, no. They could not be here today.
Any 146 BILLS 080027, 28 - RULES - 2/25/08 other questions from members of the committee of this panel? (No further questions.)
What we would like to do, Council President Verna, the purpose of the hearing today -- and I know we wanted to answer your questions as they arose -- is really to present the plan of development. And we have Mark Brodsky, who will go through the boards, which are the larger version of what's in this. The Planning Commission will then, I believe, according to the agenda, confirm that the plan of development has been approved. So at this point, with your indulgence, we'd like to have Mr. Brodsky go through the actual plan, which you're here to consider today.
147 BILLS 080027, 28 - RULES - 2/25/08 Councilman DiCicco?
Anyway, just -- is there any -- who's here from the Planning Commission? Can I just ask a few preliminary questions?
'Cause I'm a little concerned about the process. (Witnesses come forward.)
I'm Gary Jastrzab. I'm the acting executive director of the City Planning Commission. 148 BILLS 080027, 28 - RULES - 2/25/08
Right. The deliberations on the approval of the plan of development, I think it was approved by the Planning Commission on what date?
Do we have a new Planning Commission? Yes, there is a new commission that was appointed.
And there are three ex-officio -- the Commerce Director, Managing Director and --
For a total of nine. 149 BILLS 080027, 28 - RULES - 2/25/08
And those seven did not participate in the process that approved -- the Planning Commission approved the plan of development in August of 2007?
Um, the Planning Commission at the time received the plan of development from Foxwoods, and that plan has not substantially changed. It was the opinion of the 150 BILLS 080027, 28 - RULES - 2/25/08 Commission at that time to make a recommendation for approval.
But what is the recommendation of the commission that sits today?
That this issue has not come before it, the new commission.
Well, then shouldn't it? I mean, here we have a situation where we had a past administration who was absolutely and totally in favor of this project -- for good or for ill, and I'm not making a judgment, but they were totally in favor of it. So they kind of moved things as quickly as they possibly could before the last day of the administration to get things approved. Now we have a new administration, and it probably has -- not probably. It has a lot of things on their plate to deal with, and because of the impact of this 151 BILLS 080027, 28 - RULES - 2/25/08 development, both on the northern end and the southern end of the Philadelphia waterfront, it would seem that the new Planning Commission would, by rights, have the ability to come in now and review and either or reapprove, change, or not approve it. So I'm not comfortable with a position being taken now by -- and no 11 denigration to you -- an acting director with seven new members of a board that hasn't had a chance to review this. So while I understand the need for this hearing to keep the record going and open and having discussion, I'm not comfortable listening to any advice until I hear the new Planning Commission tell me what they think. (Applause.) (Booing.)
The Chair recognizes Councilman Goode for a point of information. 152 BILLS 080027, 28 - RULES - 2/25/08
As a quick point of information and as a follow-up on Councilman Kenney's point, it's not just seven members that are different but actually eight. The eighth one you mentioned was Duane Bumb, who's the acting commerce director.
I believe there's already been a commerce director selected.
Who's also going to be deputy mayor for Planning and Economic Development.
It's part of a whole new vision for how we do 153 BILLS 080027, 28 - RULES - 2/25/08 development in the City, so that not only are there not just seven new members, but the eighth member is not only a key member in terms of also being the new commerce director and deputy mayor for planning and economic development, but who is supposed to bring a whole new vision to how we do development in this city. Don't you think at least that not only should all seven new members be heard, but that one in particular should be heard, don't you think?
That's certainly an option, and -- but this record -- the record of the commission -- or the record of the recommendation by the existing commission, you know, that decision is on the record. I would look for advice from the Law Department as to whether or not the commission could hear this again, but it's certainly an option.
Are you 154 BILLS 080027, 28 - RULES - 2/25/08 aware specifically what the new mayor has done with the commerce director's position?
And are you aware that not only is it a deputy mayor for planning and economic development, but there is a series of departments and --
No, no, no. 14 Given that he's been given responsibility for, I believe that not only does it include planning, but does it not include zoning?
It includes the Department of Licenses and Inspections, which, you know, the Zoning Board of Adjustment is -- operates under L&I.
Are you aware of another commerce director that was appointed deputy mayor for planning and economic development has a whole 155 BILLS 080027, 28 - RULES - 2/25/08 host of development agencies under them that now also will oversee? I mean, this is supposed to be a radical change for a new vision for how we do development.
But not just a new Planning Commission, but a administration with a new vision for how to do commerce, planning and economic development.
Madam President, I don't know how everybody else feels but, I mean, I wouldn't mind taking the testimony and having the record be what the record is but, I mean, for the record, as far as I'm concerned, I think we need some additional advice from the new folks that are there. So that's my 156 BILLS 080027, 28 - RULES - 2/25/08 recommendation.
Just one question. Good afternoon. To your knowledge, is the plan of development that the commission approved -- and I asked this of Mr. Dougherty -- is it the same plan that was submitted to the Gaming Board?
I do not know the answer to that question. I do know that the -- we've been told by Foxwoods that the plan of development has not changed from the plan that the Planning Commission saw back in August.
But you don't know if that was the same plain submitted to the Gaming Board.
Thank you, nothing further. 157 BILLS 080027, 28 - RULES - 2/25/08 Thank you, Madam Chair.
Yes. As a follow-up, has the leadership in the Commerce Department had an opportunity to see any of these documents, review any of these documents?
Is it expected that he'll have the benefit of this new information?
Yes, yes. He 158 BILLS 080027, 28 - RULES - 2/25/08 will be briefed on all of the variety of projects that the City Planning Commission as well as the other development agencies in his portfolio and he will receive briefings on all of those projects, yes.
Madam President, given Councilman Goode's line of questioning, I support the notion that we need to hear from the new leadership.
I think we would all agree to that. Thank you. I believe you have testimony that you would like to present?
Yes. Good afternoon, Council President Verna and members of the Rules Committee. As I stated earlier, I'm Gary Jastrzab. I'm the acting executive director of the Philadelphia Planning Commission. I'm here to testify on Bills 080027 and 080028, 159 BILLS 080027, 28 - RULES - 2/25/08 which were introduced by Councilmember Tasco for Councilmember DiCicco on January 24, 2008. Bill 080027 will rezone the proposed Foxwoods Casino site from its current R-10-A zoning, which does not permit casinos, to a zoning designation of CED, or Commercial Entertainment District, under certain circumstances. Bill 080028 approves the plan of development for Phase I of the Foxwoods Casino to make way for the issuance of zoning and building permits for the project. I will first review the rezoning proposal, describe the plan of development, and outline the benefits that the passage of this legislation will bring to the City and Commonwealth. In order for the Foxwoods Casino to proceed, the zoning of the site must first be reclassified. This 160 BILLS 080027, 28 - RULES - 2/25/08 bill proposes to rezone the site bounded by Christopher Columbus Boulevard, (former) Reed Street, the Delaware River, and Tasker Street (extended) with the CED zoning classification. This classification is necessary for the construction of a casino. It's the only zoning designation in the City that permits licensed gaming families and their ancillary uses such as hotels, restaurants, offtrack betting facilities, and theaters. By rezoning the site to CED, this bill sets forth specific development standards, including: a parking ratio of four parking spaces for every five gaming positions; a building height limit of 300 feet, or 30 stories; and an overall density for the project of 400 percent, meaning that the building's floor area can equal up to four times the site area. 161 BILLS 080027, 28 - RULES - 2/25/08 Additionally, certain conditions must be met in order for the rezoning of the site to become effective. These provisions are included in the bill and require several resolutions to be adopted by City Council, finding that a not-for-profit organization will be established for the purpose of providing community benefits in the neighborhood surrounding the CED. The goals of Philadelphia Entertainment and Development Partners, PDEP, making traffic conditions on Columbus Boulevard better than they are today have been met. This will require an independent traffic report. Appropriate public safety standards are met for all areas within one mile of any land designated as CED. This will require the contracting of an independent public safety consultant. 162 BILLS 080027, 28 - RULES - 2/25/08 Approval of a developer's agreement reached between the City and PEDP. The negative economic impact to businesses within a two-mile radius of the area zoned CED is minimal. This will also require a written report from an independent economic consultant. The storm-water management needs of all relevant storm-water systems are adequately met to avoid flooding throughout those systems. This will require a report from an independent engineer. All required rights for riparian land necessary have been obtained pursuant to an act of the General Assembly. And, lastly, that all streets bills necessary to implement the plan of development be enacted. The CED zoning district requires that for all sites zoned CED 163 BILLS 080027, 28 - RULES - 2/25/08 a plan of development must be reviewed and approved by both the Philadelphia City Planning Commission and City Council. This plan of development is a master plan that sets out the layout, phasing, height, gross floor area, uses, occupied area, the size and location of parking areas, signage, and landscaping for every building located within the CED zone. It also includes the results of the City Planning Commission design review relative to the building massing, materials, quality and appearance, and impact of the development on the public environment.
Bill 080028 would approve the plan of development, as previously approved by the Philadelphia City Planning Commission on August 21, 2007. Before I highlight the positive results of the City Planning Commission review -- 164 BILLS 080027, 28 - RULES - 2/25/08
Madam President, could I have just one point of information? And I apologize for interrupting your testimony 'cause I have to leave in a few minutes, but for the record, before you proceed with the benefits, has anyone in the current administration reviewed your testimony for today's hearing?
Okay. So the administration is aware of what you're going to say?
I'd like to just highlight some of the positive results of the Planning Commission review. 165 BILLS 080027, 28 - RULES - 2/25/08 While we did not control the Gaming Board site selections, we did retain local zoning authority. The previous administration worked diligently with casino operators to assist them in complying with local laws, to address access and traffic, and provide employment opportunities for all Philadelphians. The alternative would have been to -- would have been a project imposed upon the City without the benefit of local review. We believe that this alternative -- this alternate process would have been less responsive to local issues and concerns. For the physical aspects of the project, this local review process has resulted in certain benefits for the City of Philadelphia at this location. Some of these were mentioned in earlier testimony today. In summary, the Foxwoods 166 BILLS 080027, 28 - RULES - 2/25/08 Casino Philadelphia will pursue certification as a LEED-certified development and will take all commercially reasonable measures to achieve such certification. A portion of the roof will be a green roof, approximately 10,000 square feet, with another 140,000 square feet classified as a cool roof by LEED standards for green buildings. The north-facing blank wall in Phase I will have a combination of vegetation, lighting, and/or other designed features to create visual interest as viewed from the public bike and pedestrian trail. The landscaped area along Columbus Boulevard in front of the parking structure will be widened as much as technically feasible to permit more dense landscaping and screening along the sidewalk. The width of this design feature, including the possible narrowing or elimination of a traffic 167 BILLS 080027, 28 - RULES - 2/25/08 lane, will be examined with the Streets Department, PennDOT, and the City Planning Commission as engineering plans are finalized. In addition, Foxwoods will explore and will consult with the City and State authorities about options to have the paving and paving treatments of the access road adjacent to the landscape median designed to slow the speed of traffic as it passes by the sidewalk. Architectural treatment of the parking garage will be provided on the facade facing Columbus Boulevard and will include vegetation, lighting, or other design features to create visual interest when viewed from the public street. When developed, plans will be provided to the City Planning Commission for review. Subject to applicable regulatory approval, Foxwoods will provide appropriate vending and/or 168 BILLS 080027, 28 - RULES - 2/25/08 refreshments for sale during seasonal months to provide activity and amenity on the trail along the waterfront. Additionally, the Foxwoods group has agreed to a number of traffic improvement proposals, including: Revising traffic-signal timing for the I-95 northbound on-ramp at Lombard Circle; To construct northbound double left-hand turn lanes for the I-676 and I-95 ramps from Columbus Boulevard; For Christian Street, to restripe eastbound Christian Street to provide a separate left-turn lane and shared through- and right-turn lane; For Washington Avenue, to restripe eastbound Washington Avenue.
The eastbound Washington Avenue approach to provide a separate left-turn lane; To construct a northbound Columbus Boulevard double left-turn 169 BILLS 080027, 28 - RULES - 2/25/08 lane; To restripe the southbound approach to provide two through-lanes and a separate right-turn lane; To revise traffic signal timing for the northbound I-95 off-ramp; To restripe eastbound Reed Street to provide a separate left-turn lane, a shared through- and left-turn lane and a separate right-turn lane; To restripe westbound Reed Street to provide a separate left-turn lane and a shared right-turn lane, a right-turn, through- and left-turn lane, and to revise traffic signal phasing; For Dickinson Street, to install new traffic signals, restripe southbound Columbus Boulevard to provide a single left-turn lane and three-through lanes; For Tasker Avenue, to widen eastbound Tasker Avenue approach to 170 BILLS 080027, 28 - RULES - 2/25/08 provide a shared left-turn and through-lane and a shared right-turn and through-lane. To restripe the southbound approach to provide three through-lanes and a separate left-turn lane, to prohibit westbound left turns and through movements, to align the northbound approach to provide an exclusive left-turn lane; And, finally, for Morris Street, to widen the northbound approach to provide three northbound through-lanes and a separate left-turn lane. To construct a signalized at an at-grade crossing to provide a direct left turn to the I-95 southbound on-ramp. Given that any traffic mitigation scenarios for Phases II and III of the development will require the construction of additional transportation solutions -- likely a new ramp from the I-95 Expressway -- and given that there's no concrete 171 BILLS 080027, 28 - RULES - 2/25/08 timeline or funding for such a ramp, the City Planning Commission staff recommended that the project be approved with provisos that require resolution of these traffic issues before the project progresses further to Phases II and III. This would permit Foxwoods to pursue all permits for Phase I, while allowing negotiations to continue regarding the I-95 ramp. When those negotiations are further along and a date certain is set for the construction, the Foxwoods team would return to the City, acting on the advice of the City Planning Commission, for determination of whether an adequate transportation plan is in place to address existing and anticipated visitation. It is for these reasons that the City Planning Commission, at its meeting of August 21, 2007, considered and approved the Phase I plan of 172 BILLS 080027, 28 - RULES - 2/25/08 development and rezoning for the Foxwoods Casino. These approvals included two provisos or conditions: First, Foxwoods may only apply for building permits for developing beyond what is labeled as "Phase I" in the plan of development if, in addition to all necessary approvals from relevant government bodies, Foxwoods has completed a transportation plan that, in the City's determination, after receiving the advice of the City Planning Commission, adequately addresses and funds the needs of an expanded casino complex. Second, that the City Solicitor certify that an agreement has been reached between the City and Foxwoods that adequately and appropriately addresses the issues raised by the Philadelphia Gaming Advisory Task Force, including, but not limited to, a commitment by Foxwoods to support a Special Services District. 173 BILLS 080027, 28 - RULES - 2/25/08 This concludes my testimony. I'd appreciate -- I appreciate the opportunity to appear before you and would be happy to answer any questions that you have.
Thank you. The Chair recognizes Councilman DiCicco.
Thank you, Madam Chair, good afternoon again. When did the City Solicitor notify the Commission that the provisos had been met?
I have a letter dated November 28, 2007, from the City Solicitor to the former executive director stating that the City and Foxwoods reached an agreement on November 23, 2007.
Would it have addressed the issues raised by the Pennsylvania Gaming Task Force?
That included the commitment for the Special Services District?
In your testimony, you said something that there was an approval back in August?
That's when the City Planning Commission approved the CED zoning and the plan of development, yes.
So subsequent to that, because of that proviso that was still left out, you didn't approve the plan until November.
The City Solicitor -- the proviso called for the City Solicitor and Foxwoods to develop a agreement, which had been worked on after the commission approval and had been concluded on November 23rd, according to my information.
In your opinion, was the plan of development 175 BILLS 080027, 28 - RULES - 2/25/08 that was finally approved by the commission until that provision was met? That's a little bit tricky way I'm asking that and I got to figure out a better way of asking that quick. Could the commission's approval have been enacted prior to the proviso?
The Planning Commission's approval was conditioned upon that agreement being put in place.
So the final approval didn't occur until the conditions were met and the proviso was met, which was in November --
Yes. Once the proviso was executed by the City and Foxwoods, the commission's approval.
Do you think that it would have been premature for Council to consider the development 176 BILLS 080027, 28 - RULES - 2/25/08 plan, taking into consideration those issues?
The City and Foxwoods were -- had been working on this proviso for quite some time, you know, before the commission's approval, but the commission, as I stated, did not want to approve without that proviso being in place.
Do you have an opinion on the conditions that were placed in Bill 080028? Do you think that they're reasonable or obtainable?
We believe that they were reasonable. I mean, the staff spent a lot of time reviewing the plan of development, negotiating with the developer to get improvements in their plan such as the landscaping 177 BILLS 080027, 28 - RULES - 2/25/08 provisions that I mentioned, some of the facade improvements, so we feel that they were reasonable, yes.
Do you have any suggestions or additional recommendations?
You may have some but you don't have 'em at this time?
Well, I mean, we -- I mean I think the staff feels confident in our ability to get the best project that we could, given the constraints under which we were working, namely that the State Gaming Commission, you know, selected the sites. And we worked hard with the developers and the City Law Department to get a development and an agreement that we thought was the best that was possible.
Were there 178 BILLS 080027, 28 - RULES - 2/25/08 any other constraints that you were concerned about? Would timing have been a constraint, that the administration on its way out and a new administration was coming in? Would that have been a constraint?
At the time, you know, the commission -- the commission was presented with the information that was available and made a decision on that basis. You know, the staff was comfortable with -- with our ability to negotiate some of the provisions that we -- with the developer that we were able to get.
If Council were to reject the current plan, would the commission then take up a new consideration -- a consideration for a new plan?
If a new plan 179 BILLS 080027, 28 - RULES - 2/25/08 were submitted to the commission?
Thank you. The testimony given by the Foxwoods representatives seemed only committed to the development of Phase I. As they have provided in their handout, Phases II and III will be forthcoming, quote, when market conditions permit, end of quote. Who makes that determination?
And if market conditions do not permit the construction of Phases II and III, what are we left with?
We would be left 180 BILLS 080027, 28 - RULES - 2/25/08 with the existing Phase I development.
So how long would we have to wait before it's determined that the market conditions would permit them to go further?
I think that would be up to the developer making that determination.
So we could end up with these vacant lots after all, huh?
Mm-hmm, mm-hmm, indefinitely. Councilman Greenlee?
Thank you, Madam President. Sir, when the commission and staff was coming up and making a decision, what involvement with the community was there with the community?
Our negotiations 181 BILLS 080027, 28 - RULES - 2/25/08 with the developer were -- our negotiations -- the City Planning Commission staff negotiations were primarily with the developer.
We did not hold separate community meetings about this. That was -- that was really something that the developer was holding with the community.
Is it usual for the Planning Commission to somehow, in some manner, get the pulse of the community? I mean --
I mean, most often, when there are development proposals, we will -- we will request the, you know, the position of the community.
And that factors 182 BILLS 080027, 28 - RULES - 2/25/08 into our decision, you know, applying other professional planning judgments as well.
I'm not trying to nitpick your words here, but when you say "request a position," help me with that a little bit.
We generally -- I mean, generally speaking, we will ask established community associations in an area of a development --
-- you know, where they stand, in favor or opposed to a particular development, what their issues are.
I don't know that that was done separately, but there were two public hearings that were held in these chambers where, you know, Planning Commission staff attended, so we're well aware of the 183 BILLS 080027, 28 - RULES - 2/25/08 controversy involved here.
Okay. I guess I'm just thinking, you know, that something like this -- okay, you had the public hearings, I understand, but it would seem like -- and I'm not saying your decision, your opinion is right, wrong, whatever; I'm just saying -- I'm just trying to get on record what involvement the community was. And, obviously, this is something we know where the community stood. You know, if you were alive in Philadelphia, you kind of knew certain things, but I'm just wondering, as your process went through, 'cause I know on a lot of zoning things, there seems to be community involvement, you know.
And I'm just trying to see officially what the Planning Commission did, not just 184 BILLS 080027, 28 - RULES - 2/25/08 listening from news reports or whatever. You know, that's what I'm trying to get at that.
I don't know for a fact but, you know, typically our community planning staff will attend community meetings. I don't know if they attended meetings between the developer and the various community associations. I imagine that they did, but I -- you know, I do not know if staffers were present at each and every meeting.
Well, maybe not each and every meeting. Again, I'm not trying to elongate this process. Maybe Mr. Kramer or somebody could just tell me what the direct Planning Commission to the community or with the community, what interaction was there, do you know?
There was no -- as I understand it -- and, for the record, my name is William Kramer and I'm the 185 BILLS 080027, 28 - RULES - 2/25/08 development division director for the City of Philadelphia Planning Commission. In answer to your question, there was no, as I'm aware of, independent meeting between the public and Planning Commission staff with regard to the casino developments. These were meetings that we considered the -- obviously, the developer had the responsibility to meet with the community, and we were holding him to that. And the fact that the community representations, the position of the public was certainly noted in the newspapers, it was no 19 secret. And we were aware of that. We did hold two public hearings on this matter, at which time the public certainly made their opinions known to the Planning Commission directly.
Mm-hmm. I guess I'm just thinking -- I know a 186 BILLS 080027, 28 - RULES - 2/25/08 lot of times, when there's issues, the community planner comes out to the Bustleton Civic League or whatever the case may be. That's -- I'm just wondering what exactly -- and, again, I'm more just saying it for the record; I'm not criticizing it or anything.
Yeah, that is a policy of our agency, to have our community --
It is a policy of our agency to have the community planners very much involved and in touch with community associations and their pulse on the community feeling.
But this time -- and I'm not trying to put words 187 BILLS 080027, 28 - RULES - 2/25/08 in your time, but this time, because of the -- what you felt was the well-known positions out there, you felt that that wasn't necessary for you to do? Is that a fair assessment or a fair --
Well, because there were other community meetings happening between the developer and the community, we didn't necessarily think we had to duplicate those meetings. I mean, we -- as I said, I'm not sure that staff attended those meetings, but I -- I have a sense that we, you know, that we were present at -- that the City Planning Commission staff was present at some of those meetings.
-- on that question, Councilman. 188 BILLS 080027, 28 - RULES - 2/25/08 You said that the developer indicated that there were meetings with community groups? Or something to that effect, you said?
Well, Foxwoods had conducted a variety of meetings with stakeholders.
Well, I thought -- I'm not putting words in your mouth; I'm asking. I thought I heard you say with community representatives or some sort of community action with the developer. Is that what you --
No. I -- what I meant to say was that to the degree that the developer met with stakeholders along the central Delaware waterfront in public meetings, that it's very likely that City Planning 189 BILLS 080027, 28 - RULES - 2/25/08 staff, our community planning division, attended some of those meetings. And there were no separate meetings between City Planning Commission staff and community associations on this specific issue.
We participated in those stakeholder meetings, generally speaking.
I'm -- that's what I'm trying to find out. What stakeholder meetings are you referring to?
You know, to the extent that the developer was meeting with the community early on in the process.
How do you -- where did you get your information? Where do you get your information that the developer was having those meetings and with whom? 190 BILLS 080027, 28 - RULES - 2/25/08 From the developer?
-- early on in the process, some years ago, that the Foxwoods folks did have initial meetings with the community, and to the extent that those were held, our community staff would have been there. It was also my understanding that the communication between the developer and the community did break down and that there were no further communications between the community and the developer, and that's what -- and because there was animosity, shall we say, we were advised to stay out of the way, as it were.
I'm not condemning the fact that you weren't 191 BILLS 080027, 28 - RULES - 2/25/08 there; I'm just trying to get to the point as to whose information you were relying on. I believe, Mr. Kramer, that the meetings you're talking about are the ones that were held in January and February of '06 that I convened with the four potential operators before the two sites had been chosen. I mean, I initiated those meetings and I basically invited each of the community associations that were in close proximity to each of the four sites to get to know who the potential operators were at that point. I don't recall any other community operator meetings having taken place. And that's what I'm asking, is if you have some knowledge.
No, sir. I do not have knowledge of any other community meetings.
All right, then. 192 BILLS 080027, 28 - RULES - 2/25/08 Thank you, Councilman.
And just a last question: And at those hearings that you talked about, the two hearings the Planning Commission had, is it fair to say that the residents of the community that expressed their opinion were opposed to it? Is that a fair --
Yes. There -- there -- there were very -- there was a large attendance at both of those meetings. We heard opinions from both sides.
So there was some support from the community there? On Foxwoods now; I'm just talking about Foxwoods.
There was some support? 193 BILLS 080027, 28 - RULES - 2/25/08
Who? See, I think I know who; I'm just trying to get it on the record here. I just would like to get it on the record.
All right, okay. Again, we're -- as the Councilman said, we're just trying to get it on the record who --
To answer you specifically as to who, we would have to check the minutes of the meeting. I personally was not at that one but my staff advises me that there were people there in support.
Okay. I just wanted to be clear. Okay. Thank you, Madam President. 194 BILLS 080027, 28 - RULES - 2/25/08
You're welcome. Councilman DiCicco, do you have any further questions? (No further questions.)
Today is Police Athletic League Day at City Hall. I want to welcome to City Council Miss Miller, who is a 15-year-old sophomore at the Commonwealth Connections Academy High School, and she is participating with us as the Council President for the day. So we welcome you. (Applause.)
She did ask if she could ask a question, and I'm giving her the opportunity to do so. I don't know what she's going to ask. (Laughter.) MISS MILLER: I would like to know, how does the -- with the casinos 195 BILLS 080027, 28 - RULES - 2/25/08 being in the neighborhood of Philadelphia, how does it benefit the community? (Applause.)
It benefits the community in terms of construction jobs initially, jobs in a variety of services when the gaming facility is up and operating. We're certainly hopeful that there will be spin-off economic benefits in the surrounding areas. MISS MILLER: But is that a guarantee that it will help the community, or is it just hopeful?
Well, it's a projection, it's a projection. And if a facility exists at that point, it will -- you know, they'll have to have employees, there will be people employed there. But many of the benefits in terms of number of jobs and tax revenues that might be generated as a 196 BILLS 080027, 28 - RULES - 2/25/08 result -- MISS MILLER: Where do you see the money going to?
-- are projected. MISS MILLER: Where do you see the money going to? If you are to give money to Philadelphia, where do you see the money going to?
Part of the -- part of the provision of the State legislation mandates that -- or I don't know if it mandates, but it would take casino revenues and apply them to wage-tax reductions in the City of Philadelphia. MISS MILLER: Oh, okay. I'm just asking because, like, I don't see -- in my personal mind, I don't see the purpose of a casino other than to give, like, for a person to give their money away. (Applause.) MISS MILLER: And I would like 197 BILLS 080027, 28 - RULES - 2/25/08 to know the benefits of having a casino in such a city as Philadelphia, where we already have violence, we already have craziness, and I just wanted to know the benefits of having a casino in Philadelphia.
Thank you, Miss Miller. Thank you. She's going to go far. (Applause.)
Okay. We're going to recess until 1:30 so that everybody could get a cup of coffee or... So we'll be back here at 1:30. Thank you. (Lunch break taken.) (Proceedings resume.)
Our next witnesses will be the Philadelphia Neighborhood Alliance. Are they here? (Witnesses come forward.)
Good afternoon, gentlemen. Please identify 198 BILLS 080027, 28 - RULES - 2/25/08 yourself for the record and proceed with your testimony. UNIDENTIFIED SPEAKER: (Indiscernible.) (No immediate response.)
I beg your pardon? Who's going to testify. UNIDENTIFIED SPEAKER: The four of us, but we have a four-minute very brief video presentation, which they're setting up now.
Would the representatives of Foxwoods prefer to wait until the other witnesses have completed their testimony? It's not a very long list.
So that you could hear what the concerns of the communities are? 199 BILLS 080027, 28 - RULES - 2/25/08
Okay, thank you. ) RHINEHARDT: My name is Mary Rhinehardt and I live on the 100 block of Manton Street in Pennsport, South Philadelphia. I'm speaking to you because the State passed legislation in two casinos in Philadelphia in the middle of the night, without any public hearings. Two years later, using a flawed process, the Gaming Board selected the two riverfront sites. To ensure do not irrevocably harm Philadelphia's future, the Philadelphia City Council must not approve a Casino Entertainment District on a site that does not work. ) WOODCOCK: I believe that you would want -- you would want to pick -- there are sites on the waterfront that, when we have looked at the different locations that are more suitable because you can allow the traffic to go directly into the casino, they are also farthest away from the neighborhood. DiCICCO: Would Foxwoods be a site? WOODCOCK: No. 16 DiCICCO: Would SugarHouse really be a site? WOODCOCK: Um, that's -- that's closer to the neighborhood, so on the criteria of proximity to neighborhoods, that site -- which we have already noted in the work that we did to evaluate the five sites -- was not ideal for that reason. DiCICCO: Thank you. ) RHINEHARDT: The Philadelphia Neighborhood Alliance is not anti-casino; we are dedicated to preserving neighborhoods. Neighborhood associations throughout Philadelphia have joined PNA because they agree with Miss Woodcock: The Foxwoods site doesn't work as a site for a new casino. The Foxwoods Casino would sit just 490 feet from churches, residential homes, children's playgrounds, and historic sites like Old Swedes Church. Fifty-five thousand residents live near the proposed casino. More people live within one mile of this site than in all of Atlantic City. The Foxwoods site won't work for the neighborhoods of South Philadelphia. Studies show gambling increases crime, gambling 202 BILLS 080027, 28 - RULES - 2/25/08 leads to increased violence, and gambling addition breeds social problems, including increased suicides. The closer casinos are to neighborhoods, the more collateral damage will be done to our community. ) GOODMAN: Every study shows this: The closer you locate a casino to a population, the more problem gamblers you will have. And I will give you very long odds on any bet you want to take that the closer you locate a casino to people, the more gambling you'll have. So you're experimenting here in a way that I've never seen a city experiment. If you put casinos within 200 feet, you will have the best experiment in the country for how it could impact a 203 BILLS 080027, 28 - RULES - 2/25/08 community. No other city has what you have. ) RHINEHARDT: Foxwoods won't work because it will bring too much traffic to an already clogged business artery, choking off access to the Port of Philadelphia and other retail businesses. Drivers who have been drinking at the casino will be a hazard on our neighborhood streets. The Foxwoods site won't work for the developers. ) MACK: Hi. I'm Chris Mack. I live on the 1400 block of South Tenth Street, and I'm here to say that there's a better plan for the Foxwoods site. It was developed as a result of 204 BILLS 080027, 28 - RULES - 2/25/08 a community process led by PennPraxis. Everyone who has seen the plan to extend the city grid to the riverfront is excited by the possibilities and knows it is the right plan for Philadelphia's riverfront. We can have casinos and preserve neighborhoods. For the future of Philadelphia, we can find other sites that provide a buffer from existing neighborhoods, sites where traffic won't be snarled and where any neighborhood harm can be mitigated. Those sites do exist, and both casinos could be located where there are more compatible and existing infrastructure. Philadelphia used to be known for its world-class city planning. We can reearn that reputation when the Council concludes that the Foxwoods site isn't right for a casino and supports re-siting. )
Good afternoon, Madam President and members of Council, fellow members of Philadelphia Neighborhood Alliance, other fight-to-re-site casino persons, and other guests. We come here today to urge members of Council to vote no on this legislation and to consider instead the value of working to re-site both casinos. My name is Reen Goodwin. I live in the Pennsport community. I live approximately a block and a half from the intersection of Columbus Boulevard and Washington Avenue and approximately three blocks from the proposed Foxwoods site. Our comments today, and in subsequent hearings, the comments of my fellow PNA members, will provide 206 BILLS 080027, 28 - RULES - 2/25/08 you with what we believe will be compelling testimony to support our request. The proposed legislation contains eight conditions which are to be met before zoning is granted to the applicant. We will convince you that the conditions cannot be met, at least not to a degree that is reasonable, satisfactory, or that will ensure the health, safety, and welfare of the public, particularly, but not only, the residents of the five or so mile stretch along the Delaware River. We will show you that on traffic public safety, mitigation cannot be satisfactorily achieved. Economically speaking, this plan is ill-conceived at the present site. As stated earlier, there are already in existence a significant amount of jobs that generate enough revenue for people to honestly raise family; and as the port expands, that 207 BILLS 080027, 28 - RULES - 2/25/08 will increase. By the way, I want to also mention here that the ILA membership is made up of approximately 60 percent of minority populations. There is also the issues of tax settlement, easements, and right-of-way to be considered. As to riparian rights, well, they don't have them. It's also clear that adequate studies on traffic and economics are sorely lacking. But today's testimony is to focus specifically on two of issues: the plan of development and a Special Services District. So let's talk for a moment about the plan of development. My question is: Which one shall we talk of? I submit to you a comparison that we have done of the two plans of development that have been submitted to date -- one submitted to the 208 BILLS 080027, 28 - RULES - 2/25/08 Pennsylvania Gaming Control Board and the other submitted to the Philadelphia City Planning Commission. They were both approved. One got them a license and one was approved by the Planning Commission, but the plans are different. How can we be sitting here today to consider CED legislation on plans that are significantly different. The plan submitted to the Pennsylvania Control Board called for a three-phase plan and, based on that, revenue projections were made. The plan approved by the City Planning Commission is for Phase I only. One might very well conclude that the difference in the POD would equate to a difference in the M-O-N-E-Y it renders. At the September 11th hearing in Philadelphia before the Pennsylvania House Gaming Oversight Committee, representatives of the 209 BILLS 080027, 28 - RULES - 2/25/08 Philadelphia Entertainment Development Partners could not seem to agree on how large the parcel is on which they intend to build. And there is that nagging issue of lack of site control. So, members of Council, I ask you: Is it really the most prudent course of action, and are you practicing due diligence by approving CED legislation for a development that doesn't know how large its parcel is, hasn't quite figured out once and for all what's its POD, and is and doesn't have site control. Again, we urge you to vote against this bill and, instead, encourage the developer to re-site the project.
By the way, I just wanted to add as footnotes that the issue of the charitable contribution through the charitable trust is an interesting issue, particularly on surface value, 210 BILLS 080027, 28 - RULES - 2/25/08 but when one explores it, one also realizes that it is a superb way of protecting one's wealth. Tasker Street, by the way, gentlemen from the Planning Commission, is not Tasker Avenue; I think it's time you learned that correctly. And there was actually a meeting with Foxwoods -- well, it was a presentation, and it was held Tuesday evening, a cold Tuesday evening, February 28, 2006, at the Wecoco playground. It was a meeting at which we were called together -- members of Society Hill, Queen Village, Pennsport, people that I had never met most them at that time. And at that time, it was a presentation, and the plans for the Phase III build-out were presented to us. It was from that on -- and I'm celebrating my two-year anniversary -- that it became clear to every one of 211 BILLS 080027, 28 - RULES - 2/25/08 us in the room from communities that this was an inappropriate site for this development. And to point it to you, to make it a personal issue, I ask you to look at the rendering of the high towers and the bright lights, and you consider that I-95, elevated I-95, is not more than about 40 feet high. Those structures are considerably higher than that. In fact, in one of the phases, it calls for -- if it goes to Phase II and III -- a 500-foot high structure, which is 27 feet shorter than Billy Penn's hat. And it also means that if you take the average rowhome of 35 feet in height, you would have to stack one on top of the other and get 14 of them to achieve that 500-foot height. Thank you so much for giving us this opportunity. We remain at your disposal for anything we can do.
Thank 212 BILLS 080027, 28 - RULES - 2/25/08 you. MR. de WYNGAERT: Good afternoon, Madam President --
Good afternoon. MR. de WYNGAERT: -- and the other members of Council. I'd like to thank City Council for giving me the opportunity to testify and register my opposition to any legislation enabling Foxwoods to operate a casino at the site currently under consideration. My name is Richard de Wyngaert, and I am the president of Society Hill Civic Association. Let me begin my testimony by underscoring that the residents of Society Hill are adamantly opposed to the locations currently identified as the sites for the two casinos. Society Hill is a beautiful and historic history community that is an essential piece of Philadelphia's 213 BILLS 080027, 28 - RULES - 2/25/08 history and its future. Dedicated stewards of Society Hill have worked for decades to create a unique treasure in a thriving community important to attracting and retaining urban residents as well as providing a unique and interesting tourist destination, the revenue from which would be severely ruptured by the existence of proximate casinos. Society Hill is a village within a larger city. The possibility of a Foxwoods casino approximating on Columbus Avenue and Reed Street is an abominable thought, one which is at odds, thoroughly at odds, with prudent stewardship of the City's future. The riverfront and a thriving community with the nationally historic and architectural significance of Society Hill should not be compromised for casinos that would generate as much or more revenue for the State with fewer social costs if they were 214 BILLS 080027, 28 - RULES - 2/25/08 relocated away from densely populated neighborhoods. It is the deep commitment of Philadelphians and communities such as ours that constitutes the bedrock upon which this city's future health and prosperity rests, not waterfront slot parlors, from which I anticipate no 10 economic spinoff, as referenced earlier. The quality of life we have established for our families will be under siege. The exponential increase in traffic will profoundly girdle, if not choke, our access to existing businesses. A bleak landscape characterized by 24/7 alcohol consumption, gambling and other additions, insurmountable debts, bankruptcies and all the associated crimes is a frightening reality to which our community would be exposed for you to permit casinos to operate so close to our neighborhoods and our 215 BILLS 080027, 28 - RULES - 2/25/08 families. What's worse: This is entirely unnecessary given the other site options. We do not oppose gambling or casinos for the city or the State; we oppose their current locations. We all know that a community's proximity to casinos and gambling renders that community much more vulnerable to all of gambling's costs, which is why no other American city has placed casinos so close to existing neighborhoods. Does Philadelphia really want to be the first? The risks and the sacrifice with which the Foxwoods site would saddle our communities is absolutely unconscionable. The officials we have elected to represent our interests and protect our communities must oppose any legislation or actions that threatens, rather than strengthens, 216 BILLS 080027, 28 - RULES - 2/25/08 the fabric of our communities and eliminates the possibility of sound waterfront development. Both of these are the fundamental building blocks if Philadelphia is going to leverage its rich history and create a great future. Furthermore, if we are not going to consider, as Reen cited, all stages of the Foxwoods development when evaluating site control, whether site control is adequate, then we can no longer accept the revenue projections based on the multiple-stage development from which the City and State would derive revenue. And if we cannot rely on these figures because the scope of development site control is in dispute, then how can we consider risking our neighborhoods, our communities, and our city's future?
How can we jeopardize, squander our 217 BILLS 080027, 28 - RULES - 2/25/08 waterfront, which is potentially one of our greatest urban assets, as an as-yet undeveloped gateway to 21st century greatness by opting for a 20th century business model that cannibalizes existing vitality and undermines severely the potential development of our waterfront. If our State government insists on casinos, please move the casinos to an area which would minimize the cost to any Philadelphia community. Do not allow them to operate near thriving communities, where the most profoundly disabling costs can, quite honestly, never be quantified, let alone mitigated. Thank you. )
Good afternoon. 218 BILLS 080027, 28 - RULES - 2/25/08
They gave me the short chair, I apologize. My name is Jim Penza, and I'm the secretary of the Whitman Council, and I would like to thank Council for the opportunity to speak here this afternoon. With apologies to President Verna and Councilman DiCicco, I would like to talk a little bit about Whitman, and you folks probably know as much about Whitman or more than I do, so please bear with me as I talk about Whitman and its relationship to the river. Whitman and, to a certain extent, our neighbor Pennsport are truly working-class, blue-collar communities. While more and more of our children choose to go to college, a great many still decide to go to work right out of high school, and a great many of those going to work out of high school are going to work on 219 BILLS 080027, 28 - RULES - 2/25/08 the river. It seems that everyone at Whitman and Pennsport knows a longshoreman. If the person you know isn't working on the river themselves, then their brothers, fathers, uncles or cousins are. The river, up until about 30 years ago, has been a great neighbor to us. It has provided many families with life-sustaining wages and health benefits. However, over the last 30 years, things have changed for the worse. Jobs began to disappear as neighboring port cities like Baltimore, Wilmington, and New York made substantial investments in their port infrastructure and the ships left Philadelphia for these ports. Larger ships began being built, and the Delaware River cannot accommodate them. Thriving chemical plants like (indiscernible) Industries 220 BILLS 080027, 28 - RULES - 2/25/08 shut down and became EPA Superfund sites. Other thriving industries moved south to take advantage of opportunities in a larger population. Haphazard development and big-box stores have brought traffic nightmares, sewage problems, flooding problems, and trash. And now, it seems that the vice industry has become the development of choice for the 21st century. In addition to the proposed Foxwoods slot parlor, there are four strip clubs in Whitman and Pennsport, with a fifth possibly on the way. But all this can change. While I don't claim to be an expert on the port, I believe we are close to what I would call a perfect storm situation. An agreement was reached to dredge the river, allowing larger ships to enter our port. The ports in the cities I mentioned above are a capacity, and 221 BILLS 080027, 28 - RULES - 2/25/08 there's nowhere for the increasing number of imports to go, nowhere except Philadelphia. A new administration in Philadelphia is looking long-term and weighing what is best for all Philadelphia residents, and we currently have available space along the river to expand and develop. And things have already started happening Piers 38 and 40, off of Christian Street, continue to move a substantial amount of imported paper products. Pier 78 and 80, off of Snyder Avenue, have already begun expanding to give these ports additional capability to handle additional paper products. It should be noted that all four of these piers are within a half a mile of the proposed CED area. Also, all four of these piers also move their products by rail cars, rail cars that stage right in front of the 222 BILLS 080027, 28 - RULES - 2/25/08 proposed Foxwoods site at night -- a true recipe for disaster. For the first time in a long time, international businesses are contacting our city and state to invest in the shipping industry. And this June, plans to open the building process to develop the Philadelphia south board tract, a state-of-the-art container facility that will occupy 120 acres south of the Walt Whitman Bridge. And, most importantly, this development will be paid for using mostly private funds, and it promises to be a catalyst that will spur increasing development. As I said previously, Whitman is a working-class neighborhood dealing with many of the problems that plague all of our cities and all of our neighborhoods.
Four of our last six community meetings have featured visits by police and other City 223 BILLS 080027, 28 - RULES - 2/25/08 agencies trying to address issues like crime, violence, vandalism, and underaged drinking. Casinos will do nothing but add to our already increasing problems. A community benefits agreement is not the answer. You good people know better than anyone that just throwing money at a problem does not guarantee that you will solve it. And for some problems, like the ones that casinos will bring, there will never be enough money to address these issues. Instead, I believe a well- thought-out long-term plan, with long-term benefits, is the answer. Good-paying jobs with good benefits and minimal social impacts are the answer. Building up our port infrastructure is the answer. I'd like to close by that thanking each of you for sharing your time and hearing our concerns. I'll 224 BILLS 080027, 28 - RULES - 2/25/08 leave you with a thought that is shared with me every time I speak to a neighbor about the casino issue. They ask me to remember that you can build a slot parlor anywhere, but you can only load a ship along a river. Thank you. )
-- and members of the Rules Committee. My name is Jeff Rush, and I am president of the Queen Village Neighborhood Association and a charter member of the Philadelphia Neighborhood Alliance. As you know, we've come into Council chambers numerous times in the last year to testify on casino-related matters, and I'd like to take a moment to thank Council for its unwavering, and often unanimous, support for neighborhoods. 225 BILLS 080027, 28 - RULES - 2/25/08 I'd especially like to thank Councilman DiCicco for his leadership on issues we consider vital to the 1st District, often at his own personal expense and sacrifice. Foxwoods presented a full-site development plan to the Pennsylvania Gaming Control Commission -- Board for the award of a license, and they got their license. Then Foxwoods presented a different plan to the City Planning Commission, which was approved. Now, this morning, we've heard what appears to be another rendition of Foxwoods' plan of development. Which one of these plans does Foxwoods wish Council to endorse? One thing is clear: With the passage of this ordinance, Foxwoods would be granted zoning for only a portion of the plan submitted to the Pennsylvania Gaming Control Board. So what is it that we, the people that are most directly affected by their 226 BILLS 080027, 28 - RULES - 2/25/08 ever-changing plan, expect to see actually built? Mayor Nutter was clear that the consideration was only to be given to a uniform presentation. The zoning proposed by this legislation must never be issued until Foxwoods' plans are all unified and approved, starting the process back with the Planning Commission, not to mention of the PGCB. When Foxwoods made application to the Pennsylvania Gaming Control Board for its site license, Foxwoods made certain representations to satisfy their requirements that the site and its plan was superior to the others being considered, both in terms of its financial potential and that the applying entity had complete site control, which would enable the best end-product and the highest financial reward to the citizens of Philadelphia and the Commonwealth. First of all, the Foxwoods 227 BILLS 080027, 28 - RULES - 2/25/08 partnership does not own the site at 1499 Columbus Boulevard; actually, it's owned by Philadelphia Roman Properties, which is care of Bally's Casino in Atlantic City. They do not have approvals for certain right-of-ways, nor do they have riparian rights, whether they say they need them or not. Clearly, they do not have anything like complete site control, a point mentioned by other delegates. Their application is, quite frankly, inferior to the others that were rejected that actually met the Gaming Control Board's requirements. In fact, the license should be withdrawn and the selection process reopened. I'd also like to make the following additional points. Casinos should be placed where they optimize the opportunity of collecting tourist and visitor revenues, not near communities to compete with local 228 BILLS 080027, 28 - RULES - 2/25/08 entertainment enterprise while fouling local streets with unwanted traffic and police enforcement problems. Casinos can work anyplace in the City with vehicle access and open space. The waterfront is not the place for a casino. There are higher and better uses for waterfront land. You know, people often point to the inevitability of casino placement on the river since Ed Rendell proposed riverboat casinos in the early '90s. Waterfront development is no longer stagnant; it is actually blocked by casino land-banking. This project, if approved, will interfere port development, as mentioned, and terminate the potential for waterfront growth such as that envisioned by PennPraxis. Casino placement at this location will artificially stop gentrification expansion to the south or port 229 BILLS 080027, 28 - RULES - 2/25/08 expansion to the north as the market may demand.
The Foxwoods plan of development proposed for consideration is for Phase I only because there are no adequate foreseeable mitigation solutions for subsequent phases. The PNA strenuously opposes the passage of this zoning bill for this site because passage of the zoning requested would be based on review of only half of the project's impacts. The gambling license is not a property right; the license is a privilege, and the licensee has the right to request to relocate it. The point is to generate revenue, not give a property right to a licensee. If this site is not the best, the licensee can relocate to a better site to generate revenue. What's in the best interest of the City? We have only recently 230 BILLS 080027, 28 - RULES - 2/25/08 become aware that Foxwoods Partnership has as yet an unconsummated agreement of sale. Presumably, that arrangement is contingent on gaining its necessary approvals and option, if you will, on property actually owned by Philadelphia Roman; as such, re-siting becomes a relatively unencumbered process that incurs no great loss to either entity. We strongly urge Council to support protection of our neighborhoods, sustainable growth, and the highest development principles by rejecting this request for the zoning of Foxwoods at 1499 Columbus Boulevard, a/k/a Delaware Avenue. We believe all parties in this discussion would emerge winners should this Council continue to show the courage necessary to re-site these casinos. Finally, I'd like to take one more moment to express appreciation to Council for the opportunity to testify 231 BILLS 080027, 28 - RULES - 2/25/08 on this matter. Thank you. )
Thank you very much. For the record, can you tell us what changes were made from the time the presentation was made to the Gaming Commission? And also the City Planning Commission?
Yes. We have a handout which breaks that down. There's a spreadsheet that shows the differences between phase development that accurately portrays what it was. And, in fact, Foxwoods present -- the plan that Foxwoods presented was a full build-out. That included Phases 1, II, and III. However, when they went to the City Planning Commission, they only showed Phase I. Now, Madam President, logic would dictate that they want to get into the ground as soon as possible, 232 BILLS 080027, 28 - RULES - 2/25/08 and I understand that. Therefore, they presented a plan. They said they didn't need riparian rights; that's open to question. And that encompasses Phase I only. However, we have these serious mitigation issues, and it's been demonstrated time and time again that if you're going to do a full build-out, you're probably going to need 10, maybe 15, years to have adequate infrastructure improvements to handle the amount of traffic which would be incurred by a 40 percent increase in activity going from Phase I to Phase II vis-a-vis the number of slots that would be in the facility. Our point is simply, you know, that it would be a travesty to approve zoning for Phase I without a proper mitigation plan, including traffic and all of the other considerations that look at a full build-out.
All 233 BILLS 080027, 28 - RULES - 2/25/08 right. You also mentioned about site control.
Can you tell us what Foxwoods actually owns at this present time? And I just don't know how much -- when you talk about the site control, I just don't know what you're referring to.
Well, one thing we do know, Madam President, is that they do not have riparian rights, okay? That issue is --
Well, I don't think that issue was even one in question. It could be in the future, but it's not before us presently.
Well, you know, what they showed to the Planning Commission was a pared-down -- was Phase I that may or may not require riparian rights. They say it doesn't. We're not sure where that bulkhead line is. And under 234 BILLS 080027, 28 - RULES - 2/25/08 any circumstances, it probably does encompass the need for riparian rights. That's just one issue. There are two other issues: the ownership issue and also the other rights-of-way that have not been granted by Council. They do not have site control on any level. What they may have -- and, again, I don't know the answer to this except that if you Google "1499 South Columbus Boulevard," you're not going to find the Foxwoods Partnership as the owner.
-- regarding the riparian rights, because the matter of ownership is one question, but I understand that one does not have to have ownership to come and apply for zoning. 235 BILLS 080027, 28 - RULES - 2/25/08 However, the riparian rights line has consistently been a problem. There are members of the project team that will tell you that they do not need riparian rights in order to build at least Phase I. Well, that is based on the perspective that the riparian line lies at a particular place. There are many others who contend, including Representative Bill Keller and Representative O'Brien, who contend that that riparian line does not lie where the Foxwoods development team would have you believe or according to their opinion. It is a major issue because it truly is our belief, based on the research that we have done, that no 20 matter whether they build Phase I, I and II, or I, II and III, that the riparian rights submerged land is truly an issue. How it will ultimately be decided as to where that line lays 236 BILLS 080027, 28 - RULES - 2/25/08 remains to be seen, but at this point, I would not consider it acceptable that they can build without that because there is no substantiation either from sources, including the maps that were presented at the Gaming Oversight Committee September 11th -- it was a significant discussion on that -- and whether or not it winds up being an issue to be decided by some other branch of government remains to be seen, but it is an issue.
Madam President, if I may, I'd just like to leave you with this thought, that if we are successful in re-siting the casinos, all of these problems disappear.
Thank you. The Chair recognizes Councilman DiCicco.
Thank you, 237 BILLS 080027, 28 - RULES - 2/25/08 Madam Chair. And good afternoon. Pardon me. When I stepped away to get a little bit of a bite to eat, I'm not sure if anyone spoke to the actual makeup. What is PNA, for the purpose of my colleagues and --
The Philadelphia Neighborhood Alliance is a consortium of 27 neighborhood groups spread throughout the City of Philadelphia, not just along the Delaware waterfront, who are neither anti-casino, are certainly not anti-jobs, are not anti-gambling. We are pro -- well, I wouldn't say pro-casino, but we are pro-economic development, we are pro-jobs being created, and we are certainly pro-good, responsible waterfront development. The Philadelphia Neighborhood Alliance actually started out as two separate entities: a group of citizens from the northern end closer to the SugarHouse site and a group of 238 BILLS 080027, 28 - RULES - 2/25/08 citizens closer to the southern end, and that was prior to December 20th, when the licenses were decided. We were very sure that nobody in their right mind would grant a license at the Foxwoods site, simply because of the complications. When those licenses were granted to the two waterfront casinos 2.4 miles apart from each other and each one being approximately 1.5 miles away from Independence Hall realized, both ends of the waterfront, north and south, realized that we had to join forces, and we did. And because people throughout the City share the concerns of good, responsible waterfront development, the movement has spread. We are now 27 community groups representing approximately 300,000 people, and we're growing. And we're not going away.
Thank you. 239 BILLS 080027, 28 - RULES - 2/25/08 Just again for the record, so my colleagues -- I know we've had a number of public hearings, and I always talk about the communities that are adjacent to the proposed sites. I think it's been clear in this testimony and in other testimony that these folks who we refer to as "NIMBYs." They've experienced other types of development that wasn't generally warmly received at the onset but we worked through a process and were able to get to a point where we saw development occur. I think it's really important, though, for this Council to understand that we're talking about 27 groups, so there are people as far away as probably Fairmount, Chestnut Hill --
-- that are opposed to this, so it's not the 240 BILLS 080027, 28 - RULES - 2/25/08 NIMBY theory again. And the reason has to do with the fact that folks throughout this city, and in particular as a result of the PennPraxis study, have all come to realize the importance of our waterfront and see the potential for positive development that could occur there, and probably will occur there if we do the right things now as opposed to building out these casinos, which we anticipate would have a negative impact for any future development. I think Mr. de Wyngaert touched a little bit about on the issue what I had mentioned earlier. Many years ago, they may have been an appropriate use, but we don't need the casinos for development. So it has taken on a much bigger life than it did a few years ago. People from all walks of life throughout this entire city are 241 BILLS 080027, 28 - RULES - 2/25/08 starting to recognize the fact that while we may support casinos in the City of Philadelphia, those two sites, even though they will not directly impact someone who lives in Chestnut Hill or Fairmount, just to name a few neighborhoods, they do see the overall impact for the growth of our waterfront, the central Delaware waterfront for the next 10, 20, 30 years. So, again, I just wanted to establish that there is one group, I understand, that is a new -- a fairly new association, a civic association, that is in close proximity to the SugarHouse site that does support. So in fairness, I just want to say that there is one small group in the Fishtown section that is in support of the SugarHouse site. We're not here for SugarHouse, but it's all tied into the same conversation, but for that group I don't know of any other 242 BILLS 080027, 28 - RULES - 2/25/08 association that is supporting either of these two sites. So just for the record, of all of the groups that are represented in the 27, you're suggesting -- I think you said it, but I just want to make sure that they are all committed to relocating and re-siting these casinos?
Councilman, I might add one other, what I think is, absolutely a fact, is that in polling that was taken last year, 71 percent of the residents -- at least 71 percent of the residents living east of the Schuylkill River were opposed to siting the casinos on the water.
Actually, I'm familiar with that poll. It wasn't done for me; it was done for someone 243 BILLS 080027, 28 - RULES - 2/25/08 else. But that poll represents folks who live all the way as far west as the Fairmount section of the City of Philadelphia and as far southwest as Southwest Philly, the 40th Ward, all the way up north through the 15th Ward. For those of you who aren't familiar with the wards, those are the words that are represented west of Broad Street and were included in that poll, and much to my surprise. I mean, there was a time that I would have made the argument that once you got west of Sixth Street that the opposition would have been minimal at best. But as -- again, as I said earlier, as people begin to represent the importance of our central Delaware waterfront and the potential for the right type of development, it has caught on significantly. And, again, the poll that I am familiar with goes as far west as Fairmount and Southwest Philadelphia. 244 BILLS 080027, 28 - RULES - 2/25/08
And may I just add a comment on the one group that is supporting SugarHouse? True, they are residents and certainly entitled to act on their opinion, but they are unlike the other 27 groups -- not a long-term, organized civic organization with charters and bylaws who have fought other civic needs. Their primary cause seems to be that they happen to have a particular opinion.
I think I mentioned that it's newly-formed; that doesn't mean that they are not entitled to be heard, but it is a newly-formed group, and I just wanted that for the record.
I just wanted to say that because everybody at this table is closer to Foxwoods because today's subject matter is Foxwoods, but we are unified together.
Thank you. And, really, Councilman, in all fairness to some of my constituents who were here earlier, and there were quite a number of them, they came from the Point Breeze area, and they all apparently were in favor of, in favor of -- of Foxwoods. So --
But, again, if I may, Madam Chair, I just was making a calculation based on a poll that also took in Grays Ferry and other neighborhoods. It's 70 plus percent of the folks.
Well, just wanted to make mention because, as I said, they were here from early this morning and stayed until the time that we recessed. So I think, out of fairness to them, that should be mentioned.
Councilman Clarke? 246 BILLS 080027, 28 - RULES - 2/25/08 Yes.
Just I wanted to say one other comment, and you've been very generous time, and I'm happy to answer any other questions, but I just wanted to make it clear that many of us that you see here today, and many more that aren't here, have been going to the PennPraxis meetings soon after December of '06, when the PGCB made its decision, and have been stitching together a vision for what the waterfront could be, because our concern is the legacy for the children and the grandchildren, the future generations of the citizens of Philadelphia and the taxpayers. And I would say to you that our vision for the waterfront is not casinos.
Thank you, 247 BILLS 080027, 28 - RULES - 2/25/08 Madam President. Good afternoon. I just wanted a little clarity, and I don't know if my friend and colleague Councilman DiCicco or the members of the panel can respond to this, but first, I needed to get a list. If at all possible, could you get me a list of the 27 participating members of the neighborhood networks?
We will provide that, absolutely. It was actually on the screen, but you couldn't see it well, but we will provide something for you; I will see that you have that.
Okay, yeah, 'cause I'm interested in seeing where they are, and I know you did reference a --
I can give you that on a map that will show you where 248 BILLS 080027, 28 - RULES - 2/25/08 the communities are.
Okay, 'cause you referenced two of the neighborhoods, not necessarily groups that are in the Councilmatic district that I represent, one which is Fairmount that my good friend and colleague Councilman Greenlee happens to live in. And I know there are a couple of groups up there -- I'm not sure if they're part of this -- in Fishtown, which I also represent a significant portion of Fishtown, that there is, as the Councilman acknowledged, a newly-formed group, but that newly-formed group happens to also have a significant number of members who are actually still in FNA, which is, as you call it, a long-term established organization. And one of the things that we've tried not to do in Fishtown, because there was this significant division, or marginal, depending on 249 BILLS 080027, 28 - RULES - 2/25/08 how you characterize it, the discussions, the division forming between the people who were the recognized established community groups and the people who just happened to not be a part of that group in a long time. And I would not like to give the impression -- and I'm sure that you're not trying to give the impression of that -- because I was in a group as a recognized member for ten years. And, on the other hand, I happen to live in the neighborhood for years, but somehow, because I 17 wasn't a member of this group that my 18 characterization or my feelings should 19 not have as much significance as a 20 significance as the member who is in a recognize group.
And I must say, since Councilman brought up the fact that it's a newly-formed group, I 250 BILLS 080027, 28 - RULES - 2/25/08 would not have -- who actually lives up in that neighborhood is not what I would call a very small group. That is a group that has grown in status and stature and membership over a period of time. As I've tried to massage my way through those issue up in this area -- and I know we're talking about Foxwoods, but I didn't bring SugarHouse up; other people did.
All right. It's a varying viewpoint about the SugarHouse site. As it relates to polls, we all know polls can be driven by the level of questions that are asked. I think, realistically, if you asked a person, Do you think a casino should be within 1500 feet of a neighborhood? more than likely, a person will say, No, absolutely not, 251 BILLS 080027, 28 - RULES - 2/25/08 you know, so, I mean, depending on the questions, I don't want to give a whole lot of credence to polls.
Councilman, you know, if I might, Councilman, I hear you. Whereas there may be a lack of unanimity, complete unanimity, with regard to the opinions of the neighbors surrounding SugarHouse, I can assure you that there is no lack of unanimity in opposing Foxwoods for the civics to the South.
And, you know, I've testified -- (Indiscernible; parties talking over each other.)
I've testified on behalf of the neighbors for SugarHouse as part of overall responsibilities. However, we're here today to discuss the Foxwoods CED, and for that, there is no lack of unanimity. We are 252 BILLS 080027, 28 - RULES - 2/25/08 monolithically opposed to that casino, and I think most of the folks, quite frankly, up north are opposed to SugarHouse as well. It's arguable and -- but that's not why we're here today.
All right. You know, I brought it up because I heard a reference, and I was --
-- purposely sitting here relatively quiet throughout the hearing, 'cause I'm --
I've been on research trips to both the other casinos, to both Harrah's in Chester and to Philly Park, and one of the things I particularly liked about Harrah's is that it's two miles away from the highway; you'; re not going through communities. I mean, it's perfectly sited in that it's not towers and lights and traffic and noise and 253 BILLS 080027, 28 - RULES - 2/25/08 the other excrement that happens as a result is not some somebody's backyard. I mean, no matter whether a person likes gambling or not, you have to really be honest with yourself to look at projects of that and say, Yeah, I could handle that 400 feet from my house.
Yeah, I actually went to Harrah's for the first time a week and a half ago because I wanted to see what that facility looked like.
And I saw two things, one that supports your claim with respects to the location, and I heard earlier questions about that facility and the ability to grow a neighborhood. It's actually across the street from a prison, so it's very unlikely that it grow in that particular neighborhood.
I hope it's not 254 BILLS 080027, 28 - RULES - 2/25/08 going to grow a prison neighborhood.
Yeah, I mean, it's not -- and, you know, from that perspective, I don't really think there's really room for growth as it relates to the ancillary development. But I must tell you, and I actually told the Councilman and the Council President and this Councilperson, it was a fact-finding mission for me. I actually, you know, won a couple of dollars; I'm not going to lie. (Laughter.)
I had to make sure that the machines were working, you know.
I saw no 21 evidence of any outside activity as it relates to people or any other thing relating to problems. I mean, the cars and so on on Route -- is it 241? I forget the exact route; it's off of 95. 255 BILLS 080027, 28 - RULES - 2/25/08 There's --
'Cause people can't walk there. There's no 5 pedestrian traffic there. It's cars. You drive there in your car, you park it, you get out, and you gamble, dine, eat, have a drink --
Let me ask the question. So the concern -- 'cause I've heard this about, you know, both ends, primarily in the SugarHouse area, about the outside activities, and I went to Harrah's. You drive in, people drove in, they parked, went in, came back out and got in their cars and went home. It was not a logjam of traffic. Is it a concern that people walking from the adjacent neighborhoods that can cause this exterior -- 256 BILLS 080027, 28 - RULES - 2/25/08
And I understand the proximity and the traffic issue, particularly to Foxwoods 'cause I agree that traffic is --
But proximity means people walking to; it doesn't just mean proximity of cars. It means people can walk out of their house through the neighborhood, go back and create -- and do minor crimes or get sick and throw up on your car. And I'm not saying everybody who goes to a casino is like that. I've been to casinos; I've been to a lot of casinos. But the point is, when you increase significantly the amount of --
-- the amount of vehicular or people traffic -- 257 BILLS 080027, 28 - RULES - 2/25/08
I understand, and I'm probably with you on this one. But I just need to get a clear understanding because if the concern relates to the individuals walking from a neighborhood in proximity to the casino and creating crimes during the course of their walk --
Councilman, can I help you out a little bit here? 258 BILLS 080027, 28 - RULES - 2/25/08
I live at Old Swedes' Court; I've actually lived there for 30 years. Old Swedes' Court is comprised of 150 townhomes, of 11 which is new construction. 12
That's at Delaware 15 and Christian. It runs between 16 Christian and Queen Streets, right on 17 Delaware Avenue, so we are -- actually, 18 we're -- 19
I understand. It's 24 right across from Old Swedes' Church. 25 So these residents are living east of 259 BILLS 080027, 28 - RULES - 2/25/08 the highway and directly on Delaware Avenue. Now, that's three blocks -- three blocks south of the double-slide under-ramp, which will be the main feeder for traffic coming down from the north exiting that ramp on top of all the traffic that we've got going now in the big boxes to the south. You cannot get through that corridor on a weekend, and Councilman Kenney and Councilman DiCicco have made it clear that, you know, people will take alternate routes. So we're talking about spilling a ton of traffic in this neighborhood, not even to mention how it's going to snarl up with the truck traffic and everything else. It is unmitigatable. It is bad. Now, maybe they could fix it now, maybe they could fix it now, but you add another 20,000 cars into that mix, and you're going to need some 260 BILLS 080027, 28 - RULES - 2/25/08 major infrastructure, and it's going to take a long time to do that. And, quite frankly, I've lived there for 30 years, I've been a taxpaying resident along with my neighbors in the City of Philadelphia, and it is unfair to expect me to have to live with the impacts of all of that additional traffic after my investment of my life into this city along with everybody else that's sitting here today.
Getting back to -- and I'[m responding to statements that were made, and I agree with you on the traffic. As I said, I'm waiting to see how that's going to be mitigated 'cause I travel to Lowe's and every now then Ikea, and I get caught up in the traffic jams just like everybody else -- without the casino or without an Eagles game. This whole issue about 261 BILLS 080027, 28 - RULES - 2/25/08 pedestrians, is that --
It's A valid issue. In fact, in a recent article 5 that interviewed people from the Stadium District, one of the issues that they were still hard-pressed to contend with was, they had managed to get some satisfaction on handling the vehicular traffic, but pedestrian traffic is a serious problem. It's a serious problem for two reasons: One, because if you go through Center City, particularly at the busier times of the day, and you see that people are crossing the street and they stop when the light -- even though the light is not with them, it holds the automobiles from across the other side of the intersection. So then that backs up, and then people have to sit through cycles. Now, one of the mitigations that had been proposed some time ago 262 BILLS 080027, 28 - RULES - 2/25/08 by Foxwoods was to put the control device so people could cross the street. Well, couldn't you just see about a mile and a half of backed-up traffic with container trucks on Columbus Boulevard? So the proximity is a problem for the amount of vehicular traffic it will create in residential neighborhoods. It is a problem because the vehicular traffic will finally figure out when Columbus Boulevard, with all the razzle-dazzle, the light changes can be done, cannot be widened, that they will find other routes because drivers -- we all know how clever we can be. Drivers are going to find other ways to drive through residential streets with homes and with children on those streets. The street I live on is going to be one of the target areas; I'm on Federal Street. And proximity is a problem 263 BILLS 080027, 28 - RULES - 2/25/08 because of pedestrians. Why because of pedestrians? Well, because you're going to have a flood of people coming not only by vehicle but walking and taking public transportation. They're going to be walking through the neighborhoods, they're going to be holding up the traffic signals and the cycles as they try to cross over, and some of them even, if it's a minute percent, even it's one tenth of one percent of the people who are unruly and come out of there perhaps with one cocktail too many, celebrating their great wins or satisfying their great losses, that's when the little crimes happen, the little robberies in the stores, the crime and vandalism, the --
Is there any evidence that people leaving a casino is going to go rob a store?
Yeah. There's a study; I'll provide it for you. It's 264 BILLS 080027, 28 - RULES - 2/25/08 called the Aborne (sp?) study which gives the statistics of the rapid increase in crime in cities where --
Well, there is, not because they're at the casino but because of the sheer increase in the number of -- when you have an increase of a number of people by ratio, a number of people who will commit crimes increases. Just like if you have an increase in number of vehicles transversing Columbus Boulevard, you will have a number of accidents -- not because they're from the casino, but just because numbers increase. The ratio increases. And there are studies. The Aborne study is an excellent example of proof of studies -- legitimate, valid, carefully done studies that 265 BILLS 080027, 28 - RULES - 2/25/08 show that the closer a casino is to a neighborhood, how much more the crime increases. It's convenience gambling. I'm not opposed to gambling; it's just not a beneficial site. And not only for the community. If the developers were being realistic, they would take this somewhere else, put this thing in the ground. I'll cut the ribbon for them. Just put it where you're going to generate the revenue that's going to take some of the tax burden because I live in a home that isn't tax-abated, so it's folks like me that are carrying a lot of the burden. So let's move it, let them make the money they want to make. They deserve it, it's a free- enterprise society in the United States, and let them do it where the mitigation costs are not so high, the social costs, the traffic costs, the 266 BILLS 080027, 28 - RULES - 2/25/08 economic impacts on the surrounding small businesses. That's the only answer. (Applause.)
Thank you, Reen. I just have one other comment to make. A number of years back, the City decided that they were going to have the fireworks displays on Penn's Landing on July 4th. My wife and I were headed back from the shore, and we wanted to see the fireworks; however, we only got as far as Washington Avenue, and the gridlock from the fireworks basically shut down the -- God forbid, if you had a heart attack; if there was a helicopter overhead, you might have got out of there with your life. It was so bad that the following year, we complained to the City. The City came down and they shut the area down from Delaware 267 BILLS 080027, 28 - RULES - 2/25/08 Avenue all the way over to Sixth Street from below Washington Avenue all the way up there Lombard Street. They shut it down, they shut it down. They got -- they realized that they had an untenable situation, so you know what they did? They moved it over to across the other side of the City. And I think that's your answer.
There are a couple of things just to bear in mind as we conclude. Proximity is a problem, so it relates to site. And the other problems are three numbers: 24/7/356. The Stadium District and the other 268 BILLS 080027, 28 - RULES - 2/25/08 districts have various events throughout the year that create large amounts of traffic, and I know I'm sort of leading into your next topic this is 24/7/356 -- how many days is there in a year?
365, 365. So 24/7/365. Now, think about that, think about this additional or 28,000 13 cars a day. Think about the increase 14 in pedestrian traffic, the increase in 15 delivery trucks that have to deliver 16 supplies. Think about that 14/7/365. 17
Okay. One 18 question. I keep hearing reference to 19 20, 25,000 cars. Is that what we're 20 talking about?
I think it's -- I think the number I heard was 60,000 a 269 BILLS 080027, 28 - RULES - 2/25/08 week.
28,000 a day is what was projected in their earlier traffic report.
Councilman, if this thing were to get worked out to its full build-out of three phases, the original projection in terms of customers is 6 million customers a year, 6 million customers a year on Columbus Boulevard.
Madam 270 BILLS 080027, 28 - RULES - 2/25/08 President, can I ask who -- someone from Foxwoods to -- 'cause I've been hearing that number thrown out there, and I'm saying, 20,000 cars?
Councilman, take into consideration that we're not talking now of one casino; we're talking two casinos. And the additional traffic generated by both is 40,000 cars a day?
That's what I need to get a handle on. What is the real -- well, the projected number? 'cause you don't know what it's going to be.
Councilman Clarke would like someone from Foxwoods to please approach the witness table to address this issue. (Witness comes forward.)
Identify yourself for the record. 271 BILLS 080027, 28 - RULES - 2/25/08
My name is Jeff Green, and I'm a principal with Orth-Rodgers & Associates. I'm the traffic engineer for Foxwoods.
Yeah. The question is: During the course of the hearing, we've heard numbers thrown out, to 25,000 vehicles a day. Have 10 you determined what your projections 11 are for this site as it relate to the 12 number of vehicles in and out of that 13 location? 14
Yes, I have. And 18 it varies by the day of the week 19 because business will vary by the day 20 of the week. On a typical weekday, it's about 12,400; on a Friday, 19,200; on a Saturday, 28,400; and on a Sunday, 20,100.
And that's one casino, that's just Foxwoods; is that not correct, Jeff?
I was just asking about Foxwoods. UNIDENTIFIED SPEAKER: You can't answer his questions.
Yeah, if we can get that list of the organizations, the participating organizations, in the neighborhoods now, it would be helpful. 273 BILLS 080027, 28 - RULES - 2/25/08
Neighborhood alliances. There's a lot of organizations out there. Thank you. Thank you so much.
Thank you very much. Any other questions or comments from members of this panel?
Just that I was just given a note that I'm not sure at which hearing it was -- we can certainly research this -- but Foxwoods testified at one point before City Council that it would be 50,000 cars a day; is that correct?
Yeah. I mean -- but it's a lot, whether it's 20 or 50. You know, a billion here, a billion there, and pretty soon, it's serious cars. 274 BILLS 080027, 28 - RULES - 2/25/08
Mr. McPherson, please call our next witnesses, please. MR. McPHERSON: The next panel is the Special Services Districts: Paul Levy, Center City District; David Hammond, South Street Headhouse District; Shawn Jalosinski from the Stadium District. (Witnesses come forward.)
Good afternoon. Please identify yourself for the record and proceed with your testimony.
My name is David Hammond and I'm the executive director of the South Street Headhouse District. We are testifying about the creation of a Special Services 275 BILLS 080027, 28 - RULES - 2/25/08 District for this area, and in no way should this testimony be considered a sign of support for the casinos at either of these locations. Many merchants of the South Street Headhouse Special Services District of Philadelphia have significant concerns of the impact of the casinos, especially Foxwoods' location, because of the traffic congestion on Columbus Boulevard making it difficult, if not impossible, to get to South Street. Virtually all of the visitors to South Street come via I-95 and exit onto Columbus Boulevard. If they constantly have difficult getting to the South Street area, they will stop coming. That said, regardless of the casino locations, a Special Services District would be extremely beneficial for the surrounding communities. The obvious reasons are the additional 276 BILLS 080027, 28 - RULES - 2/25/08 sidewalk and street cleaning and a designated police force. For example, South Street is the border between the Third and Sixth Districts. There has always been a degree of difficulty in getting first-responders to the location because no one knew which side of the street the crime perhaps was occurring at. Now that we have a coordinated and designated force of 42 officers, 3 sergeants, and a lieutenant, that is no longer a problem. The less obvious benefits of a Special Services District is the opportunity of the district to act as a conduit for neighborhood relations, perhaps even serving on the board of directors of the district. The South Street Alliance and the Liquor Advisory Council for South Street allow the neighborhoods to have a say in the goings-on of the district. This interaction has proven 277 BILLS 080027, 28 - RULES - 2/25/08 extremely beneficial in the ability of the neighborhood leaders and the business communities to work together on their common interests and concerns. And for that reason, the district supports the creation of a Special Services District at the casino locations.
Good afternoon, Madam President and members of City Council. My name is Shawn Jalosinski, and I am the founding executive director of the Sports Complex Special Services District. I am here today at the request of Councilman DiCicco's office to provide testimony regarding the origin, structure, and services of the Sports Complex Special Services District, or SCSSD for short. Origin: SCSSD is a 501(c)(3) 278 BILLS 080027, 28 - RULES - 2/25/08 nonprofit corporation funded by the local sports team with the mission to protect and improve quality of life for residents living near the South Philadelphia Sports Complex. The district exists because community leaders pointed out, and the City and teams understood, that a residential area abutting an active sports complex of four venues has unique needs and challenges, unlike any other location in the City of Philadelphia. A SCSSD was established in 2001 as part of the deal to enable the Eagles and Phillies to move forward and build their new venues at the sports complex. Funding: SCSSD is a unique public-private partnership funded by the sports-venue operators for the sole benefit of adjacent residential neighborhoods. Comcast, Spectacore, the Philadelphia Phillies, and Philadelphia Eagles have committed a 279 BILLS 080027, 28 - RULES - 2/25/08 combined $1 million annual contribution to fund the district into the future. 1 million. Service area: The Sports Complex District is divided into four distinct community districts, with the related boundaries dictated by preexisting civic association jurisdiction. SCSSD serves approximately 9,000 residents living in 4200 households. The residents from each community district elect a community director and an alternate director to represent their neighborhood and serve on the board of directors. In terms of governance, the district is governed by a board of directors that includes 20 members. 280 BILLS 080027, 28 - RULES - 2/25/08 Board decision-making is based on seven votes, with the four community directors each having a vote and the three sports-venue directors holding the remaining three votes. State- and City-elected officials and the City Managing Director serve as ex-officio non-voting representatives to the board. All directors serve without compensation. With regard to the operation and services, SDSSD began active operations in March of 2003, more than a year after the corporation was created. In the first year of operation, SCSSD's efforts focused on establishing a new corporation, developing a strategic plan, and building trust and an effective partnership between the new board members. The first year was challenging in terms of managing resident expectations and clearly defining what 281 BILLS 080027, 28 - RULES - 2/25/08 a district such as SCSSD can and, equally important, cannot do for the neighborhoods. SCSSD validated many of the community desires through an early community needs survey. SCSSD also concentrated on the most immediate matters of stadium construction and area traffic congestion. Most specifically, SCSSD served as liaison to worried neighbors on the Veterans Stadium implosion project. Today, SCSSD provides a variety of services to residents with new topics of attention arising each day. The most visible and costly service is cleaning. Over percent 19 of the annual budget is spent on a 20 residential cleaning program where neighborhood streets and sidewalks are cleaned once per week on average. Other services include tree care landscape beautification, school donations, traffic-calming projects, 282 BILLS 080027, 28 - RULES - 2/25/08 community events, sponsorship of youth athletic teams, recreational facility improvements, and lighting upgrades, to name a few. Communications is also a critical service area. SCSSD provides residents with a regular Sports Complex events calendar that alerts everyone on when to expect traffic congestion in the area.
SCSSD has also very recently established an automated phone system to provide more timely community alerts in a cost-effective fashion. Beyond the visible services SCSSD invests a considerable amount of time and effort into areas of research and planning. SCSSD works behind the scenes on a variety of topics that impact community quality of life. SCSSD is engaged in areas of transportation study, evacuation planning, emergency preparedness, homeland security, Sunoco refinery 283 BILLS 080027, 28 - RULES - 2/25/08 safety, area development, identity theft safety, and aviation issues, to name a first diverse examples. In conclusion, I think SCSSD has been very effective in addressing community needs and supplement the City services when and where possible. Many things remain out of SCSSD's control, but the effective partnership of SCSSD board members enables and empowers the district to take action in pursuit of continuous community protections and improvement. I think SCSSD is also quite valuable to neighbors in adding an extra layer of accountability. SCSSD provides residents with a voice, pushing stakeholders to consider and address community concerns on an ongoing basis. Thank you for your time, and I'd be happy any questions you may have.
Thank 284 BILLS 080027, 28 - RULES - 2/25/08 you, Shawn. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I certainly agree with the value of Special Services Districts, both your two, and I see Paul Levy's testimony or whatever. I guess the difference here, or the problem, however you want to say it, I guess to have a Special Services District work, there has to be some communication between the entity and the community, right? I guess the problem here is that the folks we just heard from -- and I'm not criticizing 'em, I'm just making a statement -- they are just opposed to this location. So I -- that communication, at least at this point, isn't happening. I mean, it would be pretty hard to have this, like, for example, Shawn, 285 BILLS 080027, 28 - RULES - 2/25/08 around the stadium if those communities weren't speaking to the teams, right? Am I -- I guess that's sort of an obvious answer.
Most certainly, and I believe there's quite a history in the establishment of the Special Services District, as people in this room were actively involved, and it is a lengthy process.
Sure. So as long as there's not that communication -- and, again, I'm not criticizing anybody at this point. I'm just saying, as long as there's not that communication around Foxwoods, you probably -- it's probably hard to do that, right?
Well, it certainly wouldn't make much sense to create the Special Services District before it was a fait accomplis. I think that if it were sited there, that perhaps the neighbors 286 BILLS 080027, 28 - RULES - 2/25/08 would like to have the opportunity to serve on the board and to establish that communication and have that conduit that went both ways.
But until that is set in stone that it's going to be there, they're certainly not going to --
But in your examples, this was done in preparation to it coming, right? am I making sense?
Yes. This was one of the final components in the deal being struck to allow the venues to be constructed.
To make the deal, okay, all right. I guess what I was saying, I guess, was obvious. I'm just trying 287 BILLS 080027, 28 - RULES - 2/25/08 to get than on the record too. Thank you.
Thank you. The Chair recognizes Councilman DiCicco.
Thank you, Madam Chair. For the record, Paul Levy, the president the Center City District, was here earlier; he had another appointment. He provided testimony, written testimony, which I'd ask the Chair to have entered into the record. And the same goes for Cynthia Philo, who is the CEO of the Old City Special Services District; she, too, is submitting.
Thank you. We will give it to the stenographer. It will be transcribed in full. (Written testimony of Paul Levy and Cynthia Philo are attached 288 BILLS 080027, 28 - RULES - 2/25/08 hereto.)
Shawn, could you speak to some of the issues as it relates to traffic in the Stadium District? Are any problems that you've had or -- just to talk about general things.
Certainly. The district -- it's no secret that the top concern and one of the main reasons the district was created was to address quality-of-life issues associated with traffic congestion in the area. There was a preexisting sports complex so the problem was pre-documented to a certain level, and there were obvious concerns that with new venues, that problem would worsen. The district itself, we performed a community-needs survey shortly after we began operations to validate what we already knew. And traffic and parking are, without doubt, the two main concerns for 289 BILLS 080027, 28 - RULES - 2/25/08 neighbors in that area. I think where the district has been successful is in improving communications. I think the neighbors are very reasonable when they know when to expect congestion periods. We have certain events, and when we share information with them, they can plan their local traffic accordingly around those events. It is an ongoing process. I'm not going to sit here and suggest that all of the problems are solved. It's based on continuous improvement objectives, and we continue and the district continues to facilitate stakeholder meetings, regular stakeholder meetings, to look at the problem of traffic and parking and to continually try to improve the situation.
Is it not the case that when certain sports activities, either at the Phillies 290 BILLS 080027, 28 - RULES - 2/25/08 and/or Eagles, when they're playing home games, doesn't the district -- it's not the district, excuse me. The teams, do they not pay for additional policing of the surrounding communities that would prohibit folks but for the residents to be able to park in those communities?
There are various levels of police presence. As to who funds what, I'm not privy to all of the specifics, but relative to the larger events, yes, there is a police presence to the neighborhoods most adjacent to the sports complex itself.
Does that go up to -- is it Packer Avenue or do they go as far north as Oregon, which is the boundaries of the district? I don't remember.
The district itself goes as far as Oregon Avenue. The police presence, in terms of a neighborhood detail, go as far as 291 BILLS 080027, 28 - RULES - 2/25/08 Packer Avenue.
So that takes in the Stadium District, the houses, the Stadium houses, and the Packer Park community?
All right. And then everything north of the Walt Whitman Bridge approach, from that point back to Oregon, from Seventh Street to 22nd Street, if memory serves me right, they just have signage that says "Stadium Parking Not Permitted," right? You have to be a resident or have some sort of residential parking permit.
The boundaries are actually Seventh on the east side and 20th on the west side. As I mentioned, we have four distinct community districts. The two that are north of Packer Avenue and south of Oregon Avenue each have a different 292 BILLS 080027, 28 - RULES - 2/25/08 program. On the east side of Broad Street, that particular neighborhood has opted for a Philadelphia Parking Authority for larger events. On the west side, they have other remedies for parking where they open school parking lots in more or an informal type of arrangement.
When games are in progress, do you have -- in addition to vehicular traffic issues, are there any pedestrian issues that you have to deal with?
Most certainly at the Sports Complex itself. And I think the two are very relatable, you know. My background is in traffic engineering. And in my opinion, one of the great opportunities we still have to make things operate better at the Sports Complex is to better control pedestrian traffic and to keep the intersection boxes clear of vehicles. 293 BILLS 080027, 28 - RULES - 2/25/08
And I understand the rotation of cars coming and going from a game is a little bit different -- or maybe a lot different than it would be with the casinos 'cause not everybody is coming and going at the same time. What is the number of cars that would generally be -- the number of cars generated for an Eagles game on any given Sunday or whatever day they play, Sunday or Monday night?
Well, to give you a perspective, I'll run you from the highest level. We estimate that there's -- well, there's approximately over 400 events a year at the Sports Complex. It brings over 8 million visitors, and we estimate that brings about 5.5 million vehicle trips annually. The largest event we're going to have down there is obviously an Eagles events with 68,000 fans, and 294 BILLS 080027, 28 - RULES - 2/25/08 that will generate vehicles in excess of 20,000. We have parking down there in the range of to 23,000 spaces, 5 which are often fully filled for an 6 Eagles event. 7
Do you 8 have any statistics that would point to 9 where the bulk of the cars are coming 10 from? I know they come from all 11 points, but is it more coming from the 12 Walt Whitman Bridge, I-95, Schuylkill 13 Expressway? And how does that compare 14 into the feeder streets, Seventh 15 Street, Broad Street, 12th Street, what 16 have you. 17
We've looked 18 at it very high-level. And 19 interestingly, it almost -- it varies 20 by events, but for the most part, we do have an even split of origin in destinations both 95 north and south and 76 east and west. As far as how it impacts the local travel, the local streets, of 295 BILLS 080027, 28 - RULES - 2/25/08 course, when things back up on the interstates, people look for a quick out of the Sports Complex. To address that, obviously, we work on operations plans. We've also contributed towards a massive signing improvement project to better direct event patrons to and from all of the different interstate options. I think one thing that was greatly lacking when the Sports Complex opened was, an appropriate trailblazing sign is to tell people there's more than one way to get on or off an interstate in that area.
Is it safe to say that with all of the ways in which people can get to the events -- I-95, 76, Walt Whitman Bridge, which is a part of 76, SEPTA, which is the subway and bus routes -- that there's still -- there are still problems in relationship to vehicles going through residential communities? 296 BILLS 080027, 28 - RULES - 2/25/08
I think there are still issues, yes, most certainly. I don't think those issues will ever fully go away, but I think there is continuous improvement. And as I mentioned, I think there is a lot more opportunity to improve the situation at the area, including interstate access. Although there's various options, there are -- well, there's at least one missing component of interstate access.
Well, I guess what I'm trying to make is the comparison. Understanding that sports events generally bring mostly all of the people pretty much at the same time to the event and they certainly pretty much all leave at the same time, the difference is, in the case of Foxwoods, there aren't that many access roads in but for I-95. Everything else is a feeder street, which is a residential street that runs through a residential community. 297 BILLS 080027, 28 - RULES - 2/25/08 And the difference, again, with the stadium, you have major highways that feed into the Stadium District. And even with that, you're having problems. So I'm just wondering the additional problems that we would have at the Foxwoods site because there really is no other way in but 95, and we know what that's like on any busy weekend, trying to exit off the Washington Avenue exit. But, anyway, thank you. Thank you for your testimony.
Thank you very much. And, Shawn, I want to publicly thank you for doing it. Great job. You really --
Thank you very much. 298 BILLS 080027, 28 - RULES - 2/25/08
Mr. McPherson, please call our next witness. MR. McPHERSON: The Philadelphia Neighborhood Alliance. (Witness comes forward.)
My name is Patty Griffin. I'm a resident of Pennsport, a lifelong resident of Pennsport. I'm actually speaking on behalf of Ed Kerlin. He was scheduled to speak on behalf of PNA but he got called away on an emergency, so I have his statement, and he asked if I could go ahead and read it.
Okay. The suggestion that all is needed to make 299 BILLS 080027, 28 - RULES - 2/25/08 Foxwoods Casino suddenly and magically acceptable is the establishment of a Special Services District is an insult to the residents who will be forced to live with the spillover scum factor these casinos will produce. I know today you have heard from the paid executive directors of various Special Services Districts. Just because there is an SSD at the stadium does not mean that all of the residents in the Stadium District are happy all of the time; they are not. And it would not be too difficult to find Stadium District residents who would come in to testify about the problems of living next to the source of noise, traffic, and rowdy behavior. And while Foxwoods' high-paid mouthpieces would have this Council believe that there are no negative impacts to their casino that cannot be mitigated, I am here to tell you they are wrong. What can not be mitigated 300 BILLS 080027, 28 - RULES - 2/25/08 is the extreme community opposition to this casino at this site. What this Council should realize, along with the investors and the Gaming Control Board, is that if this casino is forced down our throats, even if there is a casino damage-control agreement, even if there is an SSD, there will never be a hospitable at this site. Even with an SSD, there is no guarantees that the City will not have to provide riot police on opening day of this casino. The sentiment against this casino is just that strong. Owners Ed Snider, Ron Rubin, Peter DePaul, and Lou Katz's casino is going to change forever the character of our neighborhood from the liveable community that it is into something that has all of the appeal of a 7-Eleven. No million-dollar SSD or any CDCA will stop that. The casino other owners' idea 301 BILLS 080027, 28 - RULES - 2/25/08 of neighborliness is open and continued contempt for any person or group with the temerity to stand in the way of their greedy plans. These casinos need to go where they will do less harm. Thank you. (Applause.)
Thank you very much. Councilman DiCicco, did you want to be recognized?
Thank you. Yes. Just a question. I didn't get your last name.
Miss Griff in, Mr. Kerlin was here; I saw him earlier. What is his capacity at Pennsport?
He is -- is Ed on the board? He's not on the board. He's a member -- delegate -- and he's a delegate to PNA. 302 BILLS 080027, 28 - RULES - 2/25/08
So he's not speaking on behalf of the Pennsport Civic Association.
That's okay. He was speaking today on behalf PNA because he is a delegate to PNA.
But is he specifically speaking on behalf of Pennsport Civic?
Well, he's a resident of Pennsport, I mean, and it's difficult for me to --
No, he's not. 303 BILLS 080027, 28 - RULES - 2/25/08 He's a delegate to PNA, though.
What is the position of Pennsport Civic Association in regards to the Foxwoods?
I know. You're opposed to it; is that what you're saying? Pennsport Civic Association is definitely opposed?
Do you have anything, other than Reen's testimony, from the Pennsport Civic Association as to its position regarding the Foxwoods Casino?
I personally don't, but I'm sure if there is something, we could personally provide it. 304 BILLS 080027, 28 - RULES - 2/25/08
I'd like to get that someday -- soon, if I can. We wanted to have these hearings, and I think the hearings have gone quite well. I'm not happy -- and it's not directed to you. Mr. Kerlin is out doing business. I don't think the rhetoric about riots and stuff was appropriate, I really don't. And you can pass that on to Mr. Kerlin. If he wants to talk to me, he knows how to find me.
And in all fairness, you know, he did give me -- he asked me to --
No, no, no. I just want to -- you know, I read it, and I saw what it said, and I agreed to read it. So, you know, that's fine. I 305 BILLS 080027, 28 - RULES - 2/25/08 can certainly pass that on.
And, again, I just would ask -- I never have -- at least I don't recall ever seeing a letter from the Pennsport Civic Association.
I know Reen is shaking her head because she's a member of the -- I'd like to see a letter from the president of the Pennsport Civic Association and his position regarding Foxwoods Casino. Thank you.
Thank you very much. Mr. McPherson, do we have any other witnesses? MR. McPHERSON: Yes. The Philadelphia Entertainment and Development Partners. (Witnesses comes forward.) 306 BILLS 080027, 28 - RULES - 2/25/08
Again, for the record, Carl Primavera. I'm going to ask Mark Brodsky to appear to your left. We've heard a lot today about the plan of development, but now we're actually going to see the plan of development that was approved previously by the Planning Commission. As Mark from EwingCole goes over to the big boards, again, I will remind you that they are the larger version of what's in your smaller booklet, and you will hear testimony regarding the fact that we have adopted and incorporated a lot of the PennPraxis suggestions. You will also hear how we're going to develop the site in a way which will not have any adverse on the community. One immediate fact that we do want to clear up: There was question about whether my client owns the land. For the record, they do. They are the 307 BILLS 080027, 28 - RULES - 2/25/08 owners of the land. The prior entity's name had been changed, but they are the owners of the land. The second question had to do with the riparian lands. As you will see as Mark go through the plan of development, we did not touch riparian lands in Phase I. And then the other question that was brought about through the testimony is whether the plan has been changed from what has been submitted to the Casino Board. It's the same plan. The Casino Board approved our plan of development which had three phases. However, if we go to develop Phase II and III, we have to go back to the Casino Board to get specific approval for Phase II and later Phase III, the same way we have to go to the Planning Commission for Phase II and Phase III and this body, City Council, for Phase II and Phase III. So our plan that we're showing 308 BILLS 080027, 28 - RULES - 2/25/08 today, which was approved by the Planning Commission over the summer, is the exact plan that was approved by the Casino Board, so there's no confusion on that issue. So, Mark, hopefully that might --
Mr. Primavera, I would like the record to be eminently clear that your client, in fact, has complete site control? Is that what you're saying?
Madam President and members of the Council, thank you for this opportunity to present the plan of development. My name is Mark Brodsky, and I am the project architect 309 BILLS 080027, 28 - RULES - 2/25/08 working for EwingCole. We're the architects for the project. I'm sorry that we're all the way over here, but we don't want to block everyone's view. The City of Philadelphia was originally envisioned as a mixed-use development set up in an orderly grid suspended from four equally-spaced squares. At the east end of the grid was the port and the heart of the 18th century commerce. The City expanded out from this core in alternating blocks of residential and industrial uses. Along the Delaware, the uses were mostly exclusively industrial due to the resources of a navigable river. Those portions of the City grid which could best serve the new industries were extended to the waterfront. This industrial development was a driving force for the City during the 19th and 20th centuries. 310 BILLS 080027, 28 - RULES - 2/25/08 Sometime after World War II, the growth of industry stopped and began to recede. Today, many of the sites along the river are vacant or occupied by temporary uses. Industry is not likely to return. In recognition of these economic changes, the City wisely rezoned the riverfront to support commercial development. The results of that decision are clear in the rapidly-developing zone of shops and entertainment facilities south of Washington Avenue. Since I'm pointing with the microphone, I'll have to do one thing at a time. This is the area that I'm referring to (indicating). This zone is set up between -- from Washington Avenue down, down to the revitalized port, which is down in this area that we've been talking about today. It's bordered on the west by Route 95 and, of course, on 311 BILLS 080027, 28 - RULES - 2/25/08 the east by the river. Notice how the density of the grid, as you pass Route 95, lessens for the more industrial developed sites. And I should have told you at the beginning, everything that I'm pointing to up here you can see in your booklets, and that's a whole lot easier than trying to see these boards. With the pull of the current wave of commercial development, we can now envision an extension of the City's center to and along the Delaware. In the news and in discussion groups, the topic is the possibility of creating a pedestrian- and bike-friendly promenade out at Christopher Columbus Boulevard. Wide, safe and attractive paths both along the road and, where possible, along the river are early anticipated. The overall image is enhanced 312 BILLS 080027, 28 - RULES - 2/25/08 by the addition of light rail, public transit in the roadway, and water taxi in the river. With such assets and an increasing draw of a Commercial Entertainment District, the City's center will truly be linked to the southern Delaware riverfront. We see Foxwoods as an anchor in that development. What distinguishes Foxwoods is its accommodation of the public to, through, and around the site. We worked extensively with the Planning Commission staff through sessions at their office and at EwingCole's to shape a casino into a civic attraction. We listened to their vision of a walking, biking path along the river. That is not just to be an isolated segment at our riverfront, as you can see here with our overlay, but as part of a continuum of a path that potentially could be developed all along the riverfront. 313 BILLS 080027, 28 - RULES - 2/25/08 The Planning Commission showed us the importance of connecting this path to the regular public right-of-way, and so they encouraged us to develop Reed Street as a link to this path. A casino, by its very nature, is an inwardly-focused facility. By contrast, we have always seen Foxwoods as part of the streetscape, enlivening the boulevard with its active entrance.
The Commission staff got us to see the importance of applying these same principles to the sides of the building facing Reed Street and facing the river. At their encouragement, we added great windows on the east side facing the river and crowned those windows with a large arch. The purpose of these windows is to show to New Jersey a lit and active riverfront, which is now dark. Along Reed Street, we created 314 BILLS 080027, 28 - RULES - 2/25/08 an attraction which is strictly for the public. In addition to an attractively articulated facade, we will install light projectors to enliven the elevation. In between the light projectors will be large banners. Both of these features were encouraged by the Planning Commission. The banners will not advertise Foxwoods but will celebrate of City of Philadelphia. It's interesting to note that the planning of our building includes the extension of the City streets to the riverfront for the first time since the mid-19th century. The site has always been an industrial zone consisting of large manufacturing buildings and their intended rail lines. It its latest incarnation, it was a driving range. As Foxwoods Casino would not only be an entertainment destination but a public path to the river, each 315 BILLS 080027, 28 - RULES - 2/25/08 of the neighboring streets -- Reed, Dickinson and Tasker Street -- will extend all the way to the river. Dickinson Street, which never did across Columbus Boulevard or Delaware Avenue, now at least extends to the front of Foxwoods Casino. A pedestrian could take that path and continue through the casino and to the river. These walking connections are aided by our traffic improvements, which include new crosswalks and traffic signals to support them. I want to talk a moment about the riparian issues because it comes up so frequently. This drawing, which is after the site plans, shows you the building area of our proposed project. This line here, the serpentine line here, is the natural bulkhead line. That is the bulkhead --
All right. So that's an important thing to say, that the red line that's in the diagonal is the dividing line between riparian and non-riparian.
So let's just take your finger and run it down that line so we can all see it so we don't have to --
Okay. Well, there's two lines in consideration. This straight red line is a 1940 Secretary of War bulkhead line, an arbitrary line that was established. This serpentine red line is the actual bulkhead and high-water, high-tide line. Foxwoods, the project that we're proposing here --
Just a moment, please. 317 BILLS 080027, 28 - RULES - 2/25/08
Thank you, Madam President. Sir, can you show that to me over there, like where this line is that you're talking about is? On that one.
Yes. The bulkhead on this colored image is just behind where we've set in our site, the light green.
So that light green, that's not your property? That --
The light green is an overlay of our floor plan and site plan over the -- an aerial photograph, so it's not very --
Right. The 318 BILLS 080027, 28 - RULES - 2/25/08 light green is the landscaped area. Mark, go into the landscaped area. But everything we're showing not encroaching on riparian; is that correct?
But you were showing that line and I was just trying to -- like if you could just sort of show that --
That line -- (Indiscernible; parties talking over each other.)
There's a wooden bulkhead here, right? And then it goes along behind the two piers, 62 and 63.
Okay. So what you're saying is that your property is basically right up against it but doesn't cross it; and, thus, there are --
Well, our actual building is several feet back. Our 319 BILLS 080027, 28 - RULES - 2/25/08 actual building is here, the orange and red parts.
It's all landscaping between the building and the bulkhead, and that's where, of course, we've provided the promenade, as required by the CED and worked out with the Planning Commission.
Yeah, Mark, while you're on that exhibit, show us by color and by pencil what we're looking at. The green areas, I believe, are the richly landscaped areas in the front, and then I can have Mark also show in the renderings what the front looks like. In the back you have the richly landscaped green area. The color orange is the building. And show us where the parking is. 320 BILLS 080027, 28 - RULES - 2/25/08
Okay. The Christopher Columbus Boulevard -- we have a richly landscaped lawn or a forecourt facing on the boulevard. Then we have a landscaped promenade going along Reed Street, which its sole purpose is to create a path to the promenade along the river, which is landscaped between itself and the river, landscaped between itself and the building. There will --
Can you show us where -- point to the green area in the front and then show it on the rendering, just so we know where --
Okay. The elements that Mr. Primavera is pointing out right now is -- let's call it the fore quarter of the building, which is a landscaped and terraced area. Its crown, or it focal point, is a fountain 321 BILLS 080027, 28 - RULES - 2/25/08 and water feature right in the middle. And then that's followed by our covered port cochere and then the entrance to the building.
And then there's the night view, which basically shows Columbus Boulevard. Again, Mark, could you just point to the night view where the fountains are. I think it's fairly obvious that it's a (indiscernible) structure and a gaming structure.
They're right in the front. The building is basically broken into two parts. And in this rendering, which you have a couple of pages back in the booklet, this portion here is the casino, and this portion here is the garage.
Yes. Phase I is, as we say, a sole and complete project. 322 BILLS 080027, 28 - RULES - 2/25/08 And it occupies the site, as you can see here.
And the traffic study, which was completed by (indiscernible) was for Phase I.
And the approval from the Planning Commission was for Phase I.
Well, when we submitted our drawings to the Planning Commission, there were nine drawings; I am going to present eight to you. The ninth drawing was Phases II and III. They said they would not entertain Phases II and III because of the traffic mitigation issues that we've talked about at length today; and, therefore, the plan of development, as it stands today, does not include Phases II and III. In our original application, they did.
Now, going through the plan of development, that's 323 BILLS 080027, 28 - RULES - 2/25/08 a word of art; am I correct?
The "plan of development" is a word of a art in the CED ordinance.
And it has a specific meaning. And there's an actual set of plans --
They're in the booklet, but you're now going to go through them to show what the Planning Commission officially approved as part of our CED ordinance.
Thanks for that. I'll leave that one up. In order to move on quickly, I'm just going to point to these drawings that are on the floor, if you don't mind. That'll take less time.
You know what? Mark can hold them up 'cause it's hard to hard to see them on the floor.
We'll leave that drawing up. The first four drawings are the standard drawings that you would submit for any zoning application. They consist of the zoning plan, which describes the building in its bulk characteristics, complying with the zoning ordinance. 325 BILLS 080027, 28 - RULES - 2/25/08 And then we usually submit parking drawings to indicate that we have met the requirements of parking for the district, both in number and in size and type of parking spaces. We also have -- and that's two drawings. And then the fourth drawing was the signage drawing, elevations of all sides of the drawing showing where our signs are on the exterior of the building and showing that it complies with the sign limitations of the CED. In addition to what I would call "typical application for zoning," we submitted four additional drawings, which were to comply with the additional requirements... additional requirements of the CED, which has a much more intensive study of landscaping and lighting. This is the landscaping plan, which, you can see, is very lush and very densely planted. Again, it's a complete drawing, and it shows all of 326 BILLS 080027, 28 - RULES - 2/25/08 the plant types and complying with the Fairmount Park's commissioned plant materials, as required by the CED. It also includes sections through the public promenades to show the characteristic, the nature of these experiences. We also have a full lighting plan showing that the public way is properly lit. And, lastly, to support the concepts of the design, we selected all of the site furnishings, which the Planning Commission were very interested in. I'd like to point out the trash receptacles, bike rack, benches and such, but also the lighting, which is designed to illuminate solely the walking paths and not create a spillage of light on the surrounding areas. So that's the plan of development. 327 BILLS 080027, 28 - RULES - 2/25/08
Mark, what you said is that this is a highly developed plan. And how long did you work with the Planning Commission staff on these plans?
We got a license in December of '06, so we worked with them from December until August, when it was approved in August of '07.
I'd say about four official meetings, and then there were many conversations and one-one-one meetings.
And basically these plans are the officials plans that were approved because of the improvements that were in there -- pedestrian access, detailed landscaping, lighting, all of the design features that we heard the acting director of the Planning Commission talk about today. 328 BILLS 080027, 28 - RULES - 2/25/08
Yes, yes. All of that was included at their direction, and some of it is a matter of -- of following the zoning ordinance, and it's like connecting the dots, and some of it was more qualitative as we worked closely with the staff members on things. Like the treatment of the north facade is not dictated in any way by the zoning code.
Now, did we satisfy, to your knowledge as an architect, each and every requirement of the CED legislation?
And that's why we have an approved plan of development, which was submitted today through this ordinance process?
All right. Thank you. I don't know if there's any 329 BILLS 080027, 28 - RULES - 2/25/08 questions for the witness. We also we have Mark Salone (sp?) from Panone. We could talk about those issues, but I know there's another day to talk about water, so we'll hold it for then.
Now, while we're on this, if you don't mind going back to this chart and telling us --
-- would the cars entering into the garage, would they use the entrance on Dickinson Street?
Cars can enter through either Dickinson Street or Tasker Street. That's for self-parking and for valet. UNIDENTIFIED SPEAKER: Tasker?
And Dickinson? 330 BILLS 080027, 28 - RULES - 2/25/08
-- and Dickinson. And I believe the design is such that we can split the traffic as much as possible so there isn't congestion at one intersection.
So there are two entrances and two exits being proposed.
Where would the exits be, on Dickinson and Tasker?
Maybe you can point to them, using a pencil, just so -- if you want to just loop in and pretend you're coming from north to south and how you get in.
Yeah, because of the vast amount of traffic on Columbus 331 BILLS 080027, 28 - RULES - 2/25/08 Boulevard, these are not always simple lefts and rights, and so we worked very extensively with the Streets Commission and PennDOT to develop a plan that, while it may not be conventional, is effective, and I'm sure we'll talk this at a later hearing. But if you're coming south on Christopher Columbus Boulevard, there is a left-turn lane -- obviously a left-turn-only lane -- that brings you into the Dickinson Street entrance. Likewise, there is a left-turn lane-only going into the Tasker Street entrance. Coming from the south, of course, it's much simpler because they're all right turns. Leaving -- coming out at Dickinson Street, it's a typical intersection. You can either make a right or make a left, go north or south. There is more complexity 332 BILLS 080027, 28 - RULES - 2/25/08 coming out on Tasker, and this is one of the things that we worked out very carefully with the Streets Department. Because of the volume of traffic here, you cannot make a left and go southbound on Columbus Boulevard here because of the density of traffic there. So they come up and they do what I believe they call "an English T," and they come up and have their own sequence of the lights. And, actually, to go southbound, you come up almost to Dickinson Street and make that left back down onto Columbus Boulevard. Jeff Green will talk about that more when we talk about the traffic, and I'm sure he'll explain it better than I did.
Thank you. I'm not sure, Carl, who would 333 BILLS 080027, 28 - RULES - 2/25/08 answer this. Let's assume you get the green light to move forward; you have how many months to get up with the temporary facility? Was it eight, twelve months? Do plan on a temporary facility? No?
'Cause I thought I remembered that from a couple years ago and I wanted to double-check. So you're not looking at temporary facility; you're doing a straight build-out?
We're looking at roughly a 21- to 22-month build schedule.
All right. Thank you. I just want to make sure there was no temporary. I know 334 BILLS 080027, 28 - RULES - 2/25/08 SugarHouse had talked about temporary.
Yeah, just one other question. The folks in the Neighborhood Alliance made mention of your structure being high enough that the lights shine, you know, that they can see over into -- you know, their homes that are right on the other side of Columbus Boulevard. Has that been taken into account? Have you done any studies of that? Is there anything you can do about it?
Yeah, there's a lighting plan that is a part of the exhibits.
Go through the lighting plan, and there's an anti-spillover design. It's one of the 335 BILLS 080027, 28 - RULES - 2/25/08 drawings. It's just hard to read so you have to use your own booklet.
Yeah, the site lighting is not a problem, and that can be seen from the lighting plan. I think you're talking about the media boards that are high up on the building.
Yes. And by their nature, they don't illuminate other objects; they are just illuminated themselves. And we've looked at its view angle from the ground and from the other side of 95. And while you can see it up close to 95, 95 actually blocks your view of it. But, yes, you will be able to see it from a distance, but it's not spillover light because it does not illuminate; it is just illuminated. If that makes sense. 336 BILLS 080027, 28 - RULES - 2/25/08
I have one other question if I may, Madam President. The Tasker Street, will that be a dedicated street for the Foxwoods Casino, or will that be still open to the public?
I'm talking about that from Delaware Avenue, Columbus Boulevard going to wherever.
Yes. Tasker Street will remain a public thoroughfare, as it is today. It does not go all the way to the river. It becomes private back --
Yeah, back behind Wal-Mart. 337 BILLS 080027, 28 - RULES - 2/25/08 The street -- we're widening the street to facilitate movement of both cars and trucks. It certainly will remain the truck access for Wal-Mart and Home Depot. It will be our truck access, and it will also be the path that the buses take when they're leaving this complex of our site and Pier 70.
There will be -- stop me if I'm wrong here, Jeff. There's two in and there's two out.
So presently, there's two lanes one, right? One in and out now?
I don't want to get into the traffic stuff; I know we're going to do that in March, but I just... 338 BILLS 080027, 28 - RULES - 2/25/08
At Dickinson, let me start there. Entering traffic will be in one left-turn lane --
-- coming southbound on Columbus Boulevard. It will turn in. It will face two lanes. The left-most lane will go up to the port cochere for the valet. The right-most lane will go into the garage. Just south of Dickinson, the left-turn lane begins that crosses over the tracks to be contra-flow on the northbound lanes of Columbus Boulevard. It will operate as a standard left-turn lane, and then that lane will turn into the two receiving lanes on Tasker Street. In Tasker Street, there is another left-turn lane that carries that traffic into the garage, and that takes care of the entering traffic. 339 BILLS 080027, 28 - RULES - 2/25/08 Exiting traffic will come out on Tasker Street, turn right; and if it wants to go south on Columbus Boulevard, it turns right, follows along the frontage of the garage, and this is the English T that Mark was describing earlier.
It then makes a left turn, an almost 180-degree turn, at Dickinson. So it's turning out as the Dickinson traffic is turning in. We're taking advantage of concurrent traffic phases. It goes south. And then if that traffic wants to turn right to go into South Philadelphia, it can. If it wants to go straight south to I-95 or beyond, it can. Right-turning traffic to Columbus Boulevard simply makes a conventional right turn to go northbound on Columbus Boulevard. There is an exit also at 340 BILLS 080027, 28 - RULES - 2/25/08 Dickinson Street coming out of the garage. It's a double right, and traffic is restricted to only going north on Columbus Boulevard. Is that the answer to the question?
Yeah, I think so. The Dickinson Street, which I do and, I'm sure, most -- a lot of people do. I know we all try to make that left and wait for the southbound traffic on Columbus Boulevard to stop before we can cross over to get to Water Street.
So that condition -- there will be a stop lighting there?
All right. I'll save the other questions for the 341 BILLS 080027, 28 - RULES - 2/25/08 traffic study.
Thank you, Madam President. I just was -- I wasn't sure if I was jumping ahead, but I understand this is part of the whole thing. The Special Services District question, have you had any -- I know there hasn't been a discussion because of -- well, we know why. Has -- do you have any Special Services District plan in mind?
Councilman, we have signed with the City, albeit the former administration, a development agreement, and we will hear about that in later testimonies.
But one of the 342 BILLS 080027, 28 - RULES - 2/25/08 requirements is that we fund ourselves a million dollars a year to a Special Services District. We've also agreed to fund $50,000 so that the participants could hire a lawyer and create a 501(c)(3). So that commitment is already there. We were hopeful that perhaps through these hearings, we would identify community leaders who would not necessarily agree with us that they want this site but who would take the position that if either Council or the City or the Supreme Court dictates that the site will take place, that we will have a workable operation, because ultimately, we want to live together and prosper together. So we are ready to sit down with any responsible group that has connection to the community to talk about the mechanics of it. We're the funding the agency; we just want to know who to turn the 343 BILLS 080027, 28 - RULES - 2/25/08 money over to? It's a million dollars a year, and that's something that we think will make the situation better. We also, as you'll hear, in this development agreement, have pledged other monies to the City for a variety of other infrastructural improvements, extra police, extra everything. So when we get to that testimony, I think you'll be very pleased to see how much has been put on the table.
Just one question on it. Have you attempted to talk to the community groups about it?
We have, and part of the problem has been that all discussions were conditioned upon us agreeing up front to a lot of things that were non-starters. What we wanted to do was just sit down and say, Look, we'll agree to disagree, but in the event we do have 344 BILLS 080027, 28 - RULES - 2/25/08 siting of this locations, these will be the rules that will govern for everyone's benefit. Apparently, people feel that that would be some concession. As lawyers and as, obviously, people in government, you know that sometimes you have to negotiate at the same time that you're fighting, because ultimately, you may wake up one day and find that the world isn't as you believe it to be. But we have not been able to, in effect, sit on the other side of the table. The City of Philadelphia and its various agencies have taken that role because there was not a community piece for us, but we would welcome the opportunity to sit down in private in large groups and small groups, because my experience, and I'm sure yours is, as you sit down and talk to people, you typically will find some wisdom in what they say, and 345 BILLS 080027, 28 - RULES - 2/25/08 an exchange of ideas will lead to an ultimate compromise, which is what we hope will happen.
And I guess the basic non-starter is that they just don't want you there.
And we thank you for listening today. This was a great opportunity for us to hopefully start the presentation and answer questions that you have regarding the entire project.
Thank you very much. Is there anyone else who would like to testify? (No response.)
Seeing no one, this committee stand in recess until March the 10th at 10 a.m. 346 BILLS 080027, 28 - RULES - 2/25/08 Thank you all very much. You have been extremely patient. Thank you.
Thanks. (Proceedings end at 3:40 p.m.) * * * 347 C E R T I F I C A T E I HEREBY CERTIFY that the proceedings of the City of Philadelphia Council Committee on Rules are contained fully and accurately in the stenographic notes taken by me on Monday, February 25, 2008, and that this is a true and correct statement of same. ________________________________ JOSEPHINE CARDILLO Registered Professional Reporter (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)