Committee Hearing, November 1, 2011

We're prepared to5 do it immediately, if that's an6 acceptable use.7

Thank you.8

We don't want to9 dictate the use.10

Thank you,11 Mr. Chairman.12 COUNCILMAN KENNEY:13 Councilmember Greenlee.14

Very15 quickly. Thank you, Mr. Chairman.16 Ms. Graboyes mentioned the17 tenants or residents of the building18 certainly had no complaint with the wall19 wrap. If you're aware, during this time,20 obviously SCRUB was opposing and there21 was entities right outside the immediate22 area opposing it. Were there any -- did23 you receive complaints from property24 owners in the immediate area while the25 176 11/1/11 - RULES - BILL 110341, ETC.1 wall wrap was up? Did you have any2 opposition from immediate residents, that3 you're aware of?4

No.5

Okay.6 All right. Thank you.7

Just let me8 just say for the record, I mean, I really9 am appreciative of your charitable giving10 and I think it's important that corporate11 and commercial people do charitably give.12 If I'm voting one way or the13 other on this bill, I'm not voting on it14 based on that representation. If this15 wall wrap is a help in maintaining a16 vibrant business at that location, if the17 wall wrap is helpful in bringing energy18 and vibrance to a cultural and commercial19 strip that needs some continued life20 pushed into it, that's why I'll be voting21 that way.22 I do appreciate you raising23 your involvement in the community. I24 think it's important that businesspeople25 177 11/1/11 - RULES - BILL 110341, ETC.1 do that, but it will have nothing2 whatsoever to do with how I vote on this3 particular bill. And I'm speaking for4 myself, and I suspect that a large number5 of us here, if not all of us here, feel6 the same way, and they could express7 themselves either way, but I don't want8 to get to the point where we're trading9 that way. It's either good for the10 building, good for the community and good11 for the strip, and that we'll vote yes or12 no. And, again, I applaud you for your13 charitable work, but it will have nothing14 whatsoever to do with the passage of this15 bill.16 Councilman Goode.17

I totally18 concur with the Chairman's remarks. I19 was voting against the bill anyway, so I20 just wanted to address that part of your21 testimony.22

Did I see23 any other lights on?24 Mr. Lemon, do you just want to25 178 11/1/11 - RULES - BILL 110341, ETC.1 add a few.2

Yeah. I'll throw3 in my two cents. Mike Lemon from Mike4 Lemon Casting.5 First of all, I want to commend6 you. I didn't know what City Council did7 until today.8

Neither do9 we.10

It's been --11

I'm just12 kidding. Over here, I'm just kidding. I13 kid. I kid.14 Thank you.15

Yeah. I've been in16 the building for 18 years. I was17 actually there before the Electric18 Factory, and I have seen a lot of19 entertainment and creative artists come20 into the buildings since I arrived, and21 there's been a lot of thriving energy and22 activity in the building over time.23 When the banner went up in the24 late '90s, my clients who came to the25 179 11/1/11 - RULES - BILL 110341, ETC.1 building responded in a positive way. My2 producers, directors all said, Cool.3 Nobody ever said, Boy, that's an eyesore,4 that's a distraction. If you actually5 look at the picture there, I mean, that's6 an aesthetically pleasing sign, and over7 the course of those years, we probably8 had a dozen, to different banners9 up. I'd say there was only one I didn't10 like myself personally. The rest of them11 were all very aesthetically pleasing.12 And the building benefited. The building13 benefited from it. The lobby was redone14 on the south side, and I know that was as15 a direct result of the income that was16 generated from the banner, and my clients17 commented on that as well. I actually18 had one client say to me that he felt19 better about bringing his client to my20 building seeing that there were21 improvements being made in the building,22 because it's an incredible location, but23 it's an old building. So seeing those24 improvements made and I'm confident,25 180 11/1/11 - RULES - BILL 110341, ETC.1 knowing Mike, that improvements would be2 made -- continue to be made in the3 building should those funds become4 available due to the banner.5

Thank you6 very much for your testimony.7

Thank you very8 much.9

I -- you're10 finished. Thank you.11 Mr. Greenberger, can I just12 have you back for a second.13 (Witness approached witness14 table.)15

Do you16 happen to know whether or not -- what's17 the name? I'm sorry. What was the name18 of the building?19 DEPUTY

I20 always think of it as Electric Factory.21 Which building are we talking about?22

This23 building here in the picture.24 DEPUTY

I25 181 11/1/11 - RULES - BILL 110341, ETC.1 don't know what the name of it is.2

Callowhill3 Center Associates.4 DEPUTY MAYOR GREENBERGER:5 Right. Okay.6

If there7 were a sign that size that said8 Callowhill Center Associates, would it be9 legal?10 DEPUTY

I11 suspect not given the size. It would be12 legal as an accessory sign, however, if13 that's what you're getting at. I'm not14 sure about the size, though.15

Well, let's16 stipulate for a moment that the size is17 not an issue.18 DEPUTY MAYOR GREENBERGER:19 Okay.20

And he21 wanted to put Callowhill Center22 Associates on the sign. We wouldn't be23 sitting here.24 DEPUTY

I25 182 11/1/11 - RULES - BILL 110341, ETC.1 think that's right, if size was not an2 issue.3

Stipulate4 size aside. We could figure out --5 DEPUTY

I6 think that's right. An accessory sign7 would be legal.8

So from an9 aesthetic standpoint, from people who10 have complaints about it, it still would11 be a legal sign. The only difference is,12 it's a perhaps aesthetically pleasing13 Banana Republic ad.14 DEPUTY MAYOR GREENBERGER:15 Yeah. And I'm not here to argue about16 the aesthetics of it. I think some wall17 wraps look great. I don't make the SCRUB18 argument in this case. I'm making the19 argument about strategic benefit for the20 City, which --21

And that's22 a legitimate position and I'm considering23 it and thinking about it.24 DEPUTY

But25 183 11/1/11 - RULES - BILL 110341, ETC.1 I'm not making the aesthetic argument.2

Because3 we've been through this as long as I've4 been here relative to signage. I mean,5 we don't have -- and we were laughing6 with Councilman Greenlee earlier. We7 don't have European style public toilets8 in our city like Paris because people9 don't want signage on the thing which10 pays for the toilet. So we'd rather go11 without them than to have, God forbid,12 signage on them.13 DEPUTY

And14 I think that's a mistake, but yes.15

No kidding.16 And we go back and forth at17 this signage all the time. We could18 argue about signage next to I-95. Now,19 if I took all of the signage down from20 I-95, I-95 would still be an ugly,21 invasive structure that ripped through a22 neighborhood that's there now and we're23 stuck with it.24 DEPUTY MAYOR GREENBERGER:25 184 11/1/11 - RULES - BILL 110341, ETC.1 Correct.2

And from an3 aesthetic standpoint, it's very4 subjective, because you could have this5 argument what looks good and what6 doesn't, but if -- the thing that I get7 frustrated with is that a sign that size,8 albeit we're stipulating size is okay,9 that would be okay, but this is not, that10 generates revenue for the building, for11 its improvements and maintenance, perhaps12 creates a vibe that particular strip is13 looking to create, and it's always14 pulling teeth. So, I mean, I just want15 to -- other than the size, if it said16 Callowhill Central Associates, it would17 be okay.18 DEPUTY MAYOR GREENBERGER:19 Right.20

Okay.21 Thank you.22 Anyone else while23 Mr. Greenberger is up here?24 (No response.)25 185 11/1/11 - RULES - BILL 110341, ETC.1

Thank you.2 DEPUTY MAYOR GREENBERGER:3 Thank you.4

Stephanie5 Kindt and Robert Catell, please.6 (Witnesses approached witness7 table.)8

Please9 identify yourself for the record and10 proceed.11

Hi. My name is12 Stephanie Kindt. I'm the staff attorney13 with SCRUB, the Public Voice for Public14 Space, and I did bring just a few slides15 which show some of the pictures of the16 signage from the past.17 I'll be brief.18 So you can see this is the wall19 wrap as it existed about ten years ago.20 In the materials that you have from21 SCRUB, there is a case history that shows22 this has been since 1999, this current23 property owner has been trying to24 establish signage on this property. At25 186 11/1/11 - RULES - BILL 110341, ETC.1 the end of my testimony, I also have a2 letter from the Northern Liberties Civic3 Association, which he has -- they were4 unable to -- they all work. They were5 unable to attend, but they have been6 opposed to this for the past decade, and7 I have a letter to be read in.8 The next slide is a map of the9 block that this legislation would cover,10 and it would allow wall wraps on not just11 this building but other buildings. And12 to the north on Spring Garden Street, we13 have the Edgar Allan Poe Museum, the14 German Society, the Latvian Society. All15 of those folks had no idea this16 legislation was coming through. None of17 them have any idea that this is18 happening, and all of them would be19 opposed.20 Because there's no zoning21 process, there was no variance process,22 no public notice requirement was made.23 So no one in this surrounding area,24 including the Electric Factory Outlet,25 187 11/1/11 - RULES - BILL 110341, ETC.1 the Red Cross or the School of Rock, have2 even been notified that this is3 occurring. They could all be opposed.4 Understandably, Mr. Berman is5 wonderful in his offer to donate money6 from the sign, but, again, it does7 definitely feel like the City skyline is8 for sale, and it just -- the benefit back9 just isn't there.10 SCRUB conducted research this11 summer. That's also part of your packet.12 The last 12 pages of your packet includes13 research done on the impact on property14 values regarding signage. If you even15 live within a census tract and a16 billboard exists within that census17 tract, your property value goes down18 $1,000. If you live close enough, it19 could go down as much as 30 percent.20 We're not helping this area.21 We're hurting it, and there's research to22 demonstrate that.23 So this is what it could look.24 We have absolutely no control over the25 188 11/1/11 - RULES - BILL 110341, ETC.1 content once the sign is approved. It2 could be anything, Maker's Mark,3 whatever.4

Excuse me.5 I just need to interrupt for a second,6 because I want to make sure the record is7 clear on what's able to be advertised and8 not. It's my understanding that there's9 been some prohibition on alcohol and10 cigarette advertising.11

There wasn't any12 prohibition in the bill as it's written13 right now.14

Generally.15

Generally?16

Yes.17

Yes.18 You're not allowed to advertise alcohol19 or cigarettes --20

It's a First21 Amendment issue.22

I would --23 did Mr. Greenberger leave?24

You're opening25 189 11/1/11 - RULES - BILL 110341, ETC.1 yourself up to litigation on several2 levels.3

Well, we're4 always opening ourselves up to5 litigation. It's part and parcel of what6 we do.7 (Witness approached witness8 table.)9

Bill Kramer from10 the Planning Commission.11 With regard to that, the only12 one I'm aware of is, there was a13 prohibition for alcohol and tobacco14 advertising that was agreed to by the15 industry within a certain distance -- and16 I want to say 500 feet -- of schools.17 That's what I believe it was. That's the18 only one in the Code that I'm aware of.19

Thank you.20 Please proceed.21

Yes. So if you22 pass this legislation, I mean, no one in23 the area knows it's even happening. So24 the properties that Mr. Berman mentioned,25 190 11/1/11 - RULES - BILL 110341, ETC.1 like the Red Cross, the Electric Factory,2 the School of Rock, we don't even know if3 they want this. They've not even been4 notified.5 There's been $1.9 million6 spent, 112 community meetings in crafting7 our city's Zoning Code. We're basically8 ignoring that work. We are looking right9 now very carefully, hundreds of10 volunteers, high paid, very amazingly11 brilliant people are looking at these12 issues and determining what's best for13 our city. As Mr. Greenberger said, this14 is not in the strategic best interest of15 the City.16 Who is impacted? Society Hill,17 Northern Liberties, amazing18 institutions --19

I'm sorry.20 Society Hill?21

Society Hill is22 within their boundaries, it's their23 district.24

But25 191 11/1/11 - RULES - BILL 110341, ETC.1 realistically impacted?2

A 10,000 square3 foot digital billboard would be visible4 for --5

Where do we6 get the digital billboards at?7

It's in the bill.8

I mean,9 Northern Liberties obviously and the rest10 of them, I understand, but Society Hill11 has got Old City between it. How is it12 impacted?13

If it's that big,14 they'll be able to see it, absolutely.15

All right.16 Okay. Go ahead.17

And then just in18 conclusion, I have a letter from Northern19 Liberties that I'd like to read in.20 Dear Rules Committee members,21 I'm writing in strong opposition to Bill22 110563 -- this letter is from Matt23 Ruben -- which would legalize large wall24 wrap billboard advertising along the Vine25 192 11/1/11 - RULES - BILL 110341, ETC.1 Street corridor. Our understanding is2 that this bill is intended to legalize3 such advertising on a particular owner's4 building.5 The Northern Liberties6 Neighbors Association has in the past7 been approached by this owner, who has8 asked us to push the City to legalize his9 billboard in exchange for a monetary10 donation to our association. We11 declined, because the offer was improper12 and because the community sentiment is13 overwhelmingly opposed to billboards.14 The Northern Liberties15 Association stands with civic leaders in16 Old City and Callowhill who are opposed17 to this bill and with the Philadelphia18 City Planning Commission, which also19 voted unanimously to oppose it. Please20 do not pass this bill out of Committee.21 Thank you for your22 consideration.23 That concludes my testimony.24

Sir, could25 193 11/1/11 - RULES - BILL 110341, ETC.1 you please identify yourself for the2 record and proceed.3

My name is Robert4 Catell. I'm a retired architect and5 community planner that lives in Old City.6 I think everybody's goal is to7 improve the neighborhood around the8 building, and I think putting up9 obnoxious billboards like this is just10 going to do the opposite. It's going to11 make the neighborhood worse.12 One of the reasons for13 proposing to put up the obnoxious14 billboards was to attract other15 businesses. Strip clubs and nightclubs,16 the rowdy bars that this sort of17 advertising attracts is not what the18 neighborhood needs and that's not what19 Old City wants.20

Thank you21 for your testimony.22 Councilmember Goode.23 Hold on.24

I actually25 194 11/1/11 - RULES - BILL 110341, ETC.1 have a question for Mr. Berman.2

Mr. Berman.3 I'm sorry. Mr. Berman.4 (Witness approached witness5 table.)6

Councilman7 Goode.8

Mr. Berman,9 good afternoon again. Is the $500,000 in10 revenue based upon a static wall wrap or11 a digital wall wrap?12

It's based upon a13 static wall wrap. That's based on our14 experience when we had the sign up.15

Thank you.16

Thank you.17 Anyone else to testify on this18 bill?19 Please come forward.20 (Witness approached witness21 table.)22

Richard Thom, Chair23 of the Developments Committee, Old City24 Civic Association.25 195 11/1/11 - RULES - BILL 110341, ETC.1 By way of introduction,2 Mr. Chairman, as you know, I've been3 always proactive. I'd be happy to draft4 legislation that would ban Dryvit.5

Thank you.6

If you'd like to7 contact my office.8

Send it on.9

I will.10

And vinyl11 siding on the front. Vinyl siding on the12 front. Anything other than the yard, the13 vinyl siding has got to go.14

Anyway -- and fake15 brick, but we'll get there.16 The Developments Committee of17 the Old City Civic Association has voted18 to oppose this legislation. For 3519 years, Old City Civic has opposed all20 non-accessory outdoor advertising signs,21 and for the last 25 years, we have22 successfully fought similar signs in23 court and have prevailed prior to even24 the existence of SCRUB.25 196 11/1/11 - RULES - BILL 110341, ETC.1 But setting that aside for the2 moment, one of the issues that's been3 very germane to this case, situation, and4 as mentioned in the preamble of the bill5 is that it's promoting an entertainment6 district. As Councilman DiCicco is well7 aware, we already have an entertainment8 district in Old City. It is defined in9 the 1987 master plan for Center City, as10 created by Geddes, Brecher, Qualls,11 Cunningham. It's the only master plan12 currently adopted by this Council for the13 district, and it specifically identifies14 an entertainment zone south of Market15 Street.16 We don't think we need a second17 entertainment zone. We don't think that18 a non-accessory billboard sign is going19 to promote that. In fact, it's already,20 by Mr. Berman's own testimony, has21 already sort of grown up up there.22 But in addition, in the last23 three to five years, we've seen two large24 residential projects go north of there.25 197 11/1/11 - RULES - BILL 110341, ETC.1 We see the Callowhill district, now it is2 no longer an industrial RDA property3 zone, as being a logical location for4 mixed-use development north of the Vine5 Street Expressway, and it has already6 begun to happen. And I stress the mixed7 use part, because the largest proposals8 that we've seen have been for residential9 uses. That's the first point.10 The second point is that at the11 same Planning Commission meeting that12 this project, this ordinance, was13 considered by the Planning Commission,14 although not voted, it was advised by the15 staff that an RFP is about to be issued16 for re-master planning this area,17 basically the former RDA district, and18 Old City is very interested in having19 this re-master planned and remapped as20 part of the remapping process. We21 believe that what will come out of this22 process is an encouragement to encourage23 the mixed-use residential, along with24 other commercial uses, such as the25 198 11/1/11 - RULES - BILL 110341, ETC.1 Federal Building at 3rd and Spring2 Garden. And so that we don't see the3 inclusion of oversized, over-scale4 billboards that could be digitized in the5 future, illuminated around the clock as6 an asset to an area that we believe will7 become a logical growth area for Center8 City. This is not a positive step for9 this area, and we'd like to see anything10 that was ever considered by this to11 happen after the master planning process12 by the Planning Commission.13 Thank you.14

Thank you15 for your testimony.16

Questions.17

No18 questions. Thank you.19 COUNCILWOMAN BROWN:20 Mr. Chairman?21

Oh, I'm22 sorry. I thought you said no.23 Councilwoman Brown.24

Could we25 199 11/1/11 - RULES - BILL 110341, ETC.1 please invite back up the representatives2 of SCRUB?3

Sure.4 (Witness approached witness5 table.)6 COUNCILMAN KENNEY:7 Councilwoman Brown.8

You9 mention in your testimony in representing10 those to whom you stipulated, at one11 point you said they would be opposed and12 then in another point you said they could13 be opposed.14

There are many15 residents who don't know -- not16 residents. Organizations. So I've17 spoken to the German Society, who are18 very much opposed. They couldn't make it19 today. He had another commitment. The20 German Society is opposed. The Latvian21 Society is opposed. The Edgar Allan Poe,22 they are extremely concerned, but have23 not -- I haven't spoken to them. I'm24 still waiting to hear back. They wanted25 200 11/1/11 - RULES - BILL 110341, ETC.1 more information immediately.2

And they3 are opposed for what reasons?4

The same reasons5 that were stated before. There are6 amazing impacts that we're not7 considering. So if we want to create an8 entertainment district, we should take9 into consideration the Sixth Police10 District. Have they been notified? I11 mean, if this is going to become an12 entertainment district with a lot more13 people, I think there at least should14 have been maybe one or two public or15 community meetings so that you could16 gauge what do the organizations that are17 situated here, what do they want, what's18 their input back and forth.19

Point of20 information, sponsor of the bill. Is21 this an entertainment district bill or is22 this a wall wrap?23 COUNCILMAN DiCICCO: It's a24 wall wrap bill. I mean, there's been25 201 11/1/11 - RULES - BILL 110341, ETC.1 references made by Mr. Berman and others2 that this building and other buildings in3 the area have evolved into more of an4 entertainment venue.5

Or cultural6 venue.7 COUNCILMAN DiCICCO: Cultural8 venue. I don't know what the future9 brings. I've certainly been an advocate10 for development as it relates to11 residential development. There have been12 a few buildings not far from this13 building that have been converted. I14 think all of that will be market driven.15 Mr. Berman may at some point in the16 future and his associates decide that17 it's more advantageous to create a18 condominium building as opposed to a19 retail or commercial building. That's20 going to be market driven. A master plan21 will speak to what we may think as a city22 this area should be developed and could23 be developed, but those are market forces24 that are going to make it happen.25 202 11/1/11 - RULES - BILL 110341, ETC.1 There's still -- despite the2 fact that we've had in my district alone3 over 16,000 additional people have moved4 in over the last ten years, there's still5 numerous vacant buildings in areas like6 this.7 I'm not opposed to having a8 second entertainment district. I always9 reference my oldest boy who lives in10 Manhattan. There are entertainment11 districts all over the neighborhood, all12 over Manhattan. The Meat Packing13 District, which was once a meat packing14 district, is now a great entertainment15 venue.16 So I don't know what the future17 will bring in the next -- my successor,18 along with, I guess, Councilman Clarke,19 whose district borders this, will make20 those decisions going forward.21

So --22 COUNCILMAN DiCICCO: And wall23 wraps and signs, they're not going to24 benefit -- the picture that is always25 203 11/1/11 - RULES - BILL 110341, ETC.1 painted is that everybody is going to do2 this. It doesn't always work that way.3 Advertisement is going to work where it's4 visible and has a revenue stream that5 could be generating revenues for that6 particular property. You can't just put7 it anywhere, because people aren't going8 to want to advertise just any place.9 This has -- the site view on this, if I'm10 not mistaken, is more visible from the11 676 corridor --12

We have --13 COUNCILMAN DiCICCO: -- than14 probably anywhere else.15

Which I should also16 mention is a federal highway. So this is17 also in violation of the Federal Highway18 Beautification Act.19 COUNCILMAN DiCICCO: I don't20 know --21

We're again risking22 10 percent of our funds. PennDOT and Ms.23 Christiansen are extremely concerned. I24 actually owe a call back to Mr. Kressler25 204 11/1/11 - RULES - BILL 110341, ETC.1 at PennDOT.2

I'm sorry.3 Let me interrupt you. If those two4 individuals were extremely concerned,5 don't you think they'd be here? Because6 obviously they know about --7

They're not aware.8 How would they be aware?9

Excuse me.10 How could they be extremely concerned if11 they're not aware?12

Because13 Philadelphia --14

No.15 Answer --16

-- through a17 certification agreement --18

Listen,19 listen --20

-- has agreed to21 police its own self.22

Hold on.23 Hold on.24

We are certified25 205 11/1/11 - RULES - BILL 110341, ETC.1 to --2

You have --3

-- regulate our own4 self, because we have a zoning code.5

You have6 certainly followed in Mary Tracy's7 footsteps, because you continually talk8 over everyone. But other than that, let9 me just say, when you make a statement,10 you make a statement that someone is11 concerned about something and then you12 tell me that they're not aware of it,13 that's a little bit hard to understand.14 If they were that concerned about it,15 they have a large enough organization16 that if they can't come here themselves,17 they would certainly send someone to18 express their severe concern.19

It's not their20 role. It's yours.21

My role to22 do what?23

Enforce the laws of24 the City, the Philadelphia Zoning Code.25 206 11/1/11 - RULES - BILL 110341, ETC.1

No matter2 how we vote on this, you can't testify3 here and tell me that someone is4 concerned about something and then in the5 next sentence tell me they're not aware6 of it. It doesn't make any sense. I7 mean, let's keep the record kind of real.8 If those folks are that concerned about9 it, I'm sure they'd be here or they'd10 send somebody, because I'm sure PennDOT11 has a lot of people they can send to12 voice their opposition.13 So SCRUB is against it. The14 folks who have testified against it are15 against it. They have every right to16 express that, but you can't be expressing17 other people's opinions when you don't18 know what they are.19

That's fine. Thank20 you, Councilman Kenney.21

That's all22 I'm saying. Thank you.23

So you24 represent whom here today in addition to25 207 11/1/11 - RULES - BILL 110341, ETC.1 SCRUB officially?2

Officially? I read3 the letter from Matt Ruben from Northern4 Liberties, but SCRUB, we have members5 across the City, thousands of members.6

And whom7 do you represent of those organizations8 you stipulated that could be opposed or9 would be opposed?10

Do you mean from a11 legal perspective, like they've hired me12 as their attorney?13

Yes.14

No one.15

Thank you16 for your testimony.17 Thank you, Mr. Chairman.18

Any other19 questions?20 (No response.)21

Thank you.22 Anyone else to testify on the23 bill?24 (No response.)25 208 11/1/11 - RULES - BILL 110341, ETC.1

We're going2 to take a short five-minute recess to3 talk about -- five-minute break, not4 recess.5 (Pause.)6

Could we7 have your attention, please.8 That will conclude the public9 hearing of the Rules Committee, and the10 Chair recognizes Councilmember Greenlee11 for a motion on Bill No. 110341. I'm12 sorry. The Chair recognizes13 Councilmember Greenlee for the approval14 of the amendment of Bill No. 110341.15

Thank16 you, Mr. Chairman. I move that the17 amendment to Bill No. 110341 be approved.18 (Duly seconded.)19

Moved and20 seconded.21 All in favor?22 (Aye.)23

There are24 none opposed. The amendment passes.25 209 11/1/11 - RULES - BILL 110341, ETC.1 The Chair recognizes2 Councilmember Greenlee on the amended3 bill.4

Thank5 you, Mr. Chairman. I move that Bill No.6 110341, as amended, be reported out of7 this Committee with a favorable8 recommendation and that the rules of9 Council be suspended to allow for first10 reading at our next session of Council.11 (Duly seconded.)12

Moved and13 seconded.14 All in favor?15 (Aye.)16

There are17 none opposed. Bill No. 110341, as18 amended, will report out of this19 Committee favorably and a request made20 for a rules suspension to allow first21 reading at our next Council session.22 The Chair recognizes23 Councilmember DiCicco to offer and24 explain the amendment to Bill No. 110563.25 210 11/1/11 - RULES - BILL 110341, ETC.1 COUNCILMAN DiCICCO: Thank you,2 Mr. Chairman. A copy of the amendment3 has been circulated to all members of4 this Committee. The purpose of this5 amendment is to memorialize in the6 legislation that the wall wrap shall not7 display any commercial advertising for8 tobacco products or alcohol beverages.9

Are you10 offering that motion?11 COUNCILMAN DiCICCO: So I offer12 the adoption of the amendment.13 (Duly seconded.)14

The15 amendment has been moved and seconded.16 All in favor?17 (Aye.)18

Are there19 any opposed?20 (No response.)21

There are22 none opposed. The amendment to Bill No.23 110563 is approved.24 The Chair recognizes25 211 11/1/11 - RULES - BILL 110341, ETC.1 Councilmember DiCicco on the amended2 bill.3 COUNCILMAN DiCICCO: Thank you,4 Mr. Chairman. I move that Bill No.5 110563, as amended, be reported out of6 this Committee with a favorable7 recommendation and that the rules of8 Council be suspended so as to permit9 first reading at our next regular session10 of Council.11 (Duly seconded.)12

It's moved13 and seconded.14 All in favor?15 (Aye.)16

Are there17 any opposed? There are none --18

Nay.19

I'm sorry20 about that. There's one opposed. Let21 the record reflect that Councilmember22 Goode voted no on moving the bill out of23 Committee, but the bill will -- I'm24 sorry. Let me take the vote over again.25 212 11/1/11 - RULES - BILL 110341, ETC.1 All in favor of reporting the2 amended bill out favorably with a rules3 suspension?4 (Aye.)5

One6 opposed, Councilman Goode. The ayes have7 it. Bill No. 110563, as amended, will be8 reported out of this Committee favorably9 and a request made for rules suspension10 to allow first reading at our next11 Council session.12 The Chair recognizes13 Councilmember DiCicco for a motion on14 Bill No. 110670.15 COUNCILMAN DiCICCO: Thank you,16 Mr. Chairman. I move that Bill No.17 110670 be reported out of this Committee18 with a favorable recommendation and that19 the rules of Council be suspended so as20 to permit first reading at our next21 regular session of City Council.22 (Duly seconded.)23

Moved and24 seconded.25 213 11/1/11 - RULES - BILL 110341, ETC.1 All in favor?2 (Aye.)3

Are there4 any opposed?5 (No response.)6

There are7 none opposed. Bill No. 110670 will8 report out of this Committee with a9 favorable recommendation and a request10 made for a rules suspension to allow11 first reading at our next Council12 session.13 Thank you for your attendance.14 Have a nice day.15 (Committee on Rules concluded16 at 1:25 p.m.)17 - - -18 19 20 21 22 23 24 25 214 1 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on November 1, 2011, and that7 this is a true and correct transcript of same.8 9 10 11 12 --------------------13 MICHELE L. MURPHY14 RPR-Notary Public15 (The foregoing certification of this19 transcript does not apply to any reproduction20 of the same by any means, unless under the21 direct control and/or supervision of the22 certifying reporter.)23