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Minutes

Committee Hearing, December 4, 2007

Philadelphia City Council Committee HearingsDec 4, 2007

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Councilwoman Blackwell

Madam President, if I might be recognized while they're --

Council President Verna

Yes. Councilwoman Blackwell.

Councilwoman Blackwell

We have met with the community. There are really eight relocations. We've had several meetings with the community. They have met. We have two families represented, Helen Fields from 3505 Wallace Street and Aloma Johnson from 3507 Wallace. They are two of the families represented with whom we've met. And the communities and all those to be relocated have agreed to support the project, and we have a commitment from the Administration that they support the relocation of these families. The overall plan is to demolish the high rise, Mantua Hall, and after 91 12/4/07 - RULES - BILL 070913, ETC. it's imploded, to build 100 new, two groups of 50, homes on that block. This legislation is time sensitive because they're applying for tax credits in the December cycle and that is why -- obviously it would have been easier to wait during this busy holiday season, but because they're applying for the December cycle, we are really pushed for time. But I wanted the Committee to -- I hope that you will consider this and wanted you to know that we have worked closely with the community on this and we certainly intend to -- as we have told them, we are committed to them to make sure that they're very satisfied in the outcome of moving to other properties.

Council President Verna

Thank you, Councilwoman.

Councilwoman Blackwell

Thank you.

Council President Verna

However, I think there are some 92 12/4/07 - RULES - BILL 070913, ETC. discrepancies here that definitely have to be clarified for the record.

Mr. Koonce

My testimony -- I'd like to amend my testimony to record the fact that there are five occupied structures, one vacant structure and two vacant lots or two lots.

Council President Verna

Thank you. The title and "whereas" clauses of the bill state that the properties are being acquired for residential and related uses. Mr. Koonce, your testimony that the properties to be acquired under the plan amendment will be used for commercial and residential-related development, is this apparent discrepancy explained by differences in the proposed amendment to the redevelopment proposal from the redevelopment plan? If not, which is correct?

Mr. Koonce

The plan project as described to me is primarily residential. I don't believe that 93 12/4/07 - RULES - BILL 070913, ETC. there's going to be first floor commercial on this property, in this project. Is there, Vince?

Mr. Morris

For the record, Vincent Morris, the Philadelphia Housing Authority. To answer Mr. Koonce's question, the Housing Authority at this point does not plan to have commercial on the first floor.

Council President Verna

Mr. Morris, while you're there, what are the sources of financing this project?

Mr. Morris

The Housing Authority will apply for low-income housing tax credits in the December 2007 round and we will match it with public housing subsidy.

Council President Verna

The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. So all of the proposed housing 94 12/4/07 - RULES - BILL 070913, ETC. is PHA related?

Mr. Morris

Yes, ma'am.

Councilwoman Brown

And you said there will be no commercial activity on the first floor. Is that what we heard?

Councilwoman Brown

Which means there will be some commercial activity?

Mr. Morris

No. There won't be any commercial activity at all.

Councilwoman Brown

Okay. Thank you very much. Thank you, Madam President.

Council President Verna

You're welcome. I don't know who up there will answer this question. The fact sheet states that the total acquisition cost for these eight properties is estimated to be $1,162,000. This averages out to approximately $145,300 per property. What charges are included in the cost of 95 12/4/07 - RULES - BILL 070913, ETC. acquisition?

Mr. Koonce

Originally in a meeting with Councilwoman Blackwell it was decided that the residents, the occupied residents, would receive hopefully a new unit in the Union Hill development, which currently now sells for or is planned to market at $175,000 each.

Council President Verna

How much?

Mr. Koonce

Up to 175. I think the split is between 150 and 175, depending upon the unit.

Council President Verna

Thank you. Are there any questions from members of the Committee? (No response.)

Council President Verna

Gentlemen, thank you. Do we have anyone else to testify on this bill? (No response.) 96 12/4/07 - RULES - BILL 070913, ETC.

Council President Verna

Seeing no one, I would ask Mr. McPherson to please read the title of Bill No. 5 070943. MR. McPHERSON: An ordinance 7 approving the second amendment of the redevelopment proposal for the Wister III Urban Renewal Area, being the area generally bounded by Wakefield Street, Baynton Street, between Wister Street and Shedaker Street on the north; Shedaker Street and Logan Street on the east; Greene Street on the south; Queen Lane and Bringhurst Street, between Germantown Avenue and Wakefield Street, on the west, including the second amendment to the urban renewal plan and the relocation plan, which provides, inter alia, for the additional land acquisition of approximately three properties for residential and related uses; the provision of certain relocation services, as required by law; and declaring that condemnation is not imminent with respect 97 12/4/07 - RULES - BILL 070913, ETC. to the Project.

Council President Verna

Mr. Koonce.

Mr. Koonce

Madam Chairperson and members of the Committee, I'm here to speak in support of Bill No. 070943, the second amendment to the redevelopment proposal for the Germantown Redevelopment Area and the second amendment to the urban renewal plan for the Wister III Urban Renewal Area. The proposal and plan provide for the acquisition of a total of three vacant lots. These properties will be used for future development. The estimated acquisition cost is $40,000 and will be paid for through bond proceeds from the Neighborhood Transformation Initiative. Madam Chairperson and members of the Committee, I respectfully request favorable consideration of Bill No. 24 070943 and would also ask the suspension of Council rules to allow first reading 98 12/4/07 - RULES - BILL 070913, ETC. on December 13, 2007.

Council President Verna

Thank you very much. Mr. Redding.

Mr. Redding

Yes. Good afternoon. Richard Redding, City Planning Commission, testifying in support of Bill No. 070943 involving the acquisition of three vacant lots on Portico and Seymour Streets. The Planning Commission staff approved this on October 16, 2007. Thank you.

Council President Verna

What was the total amount borrowed for NTI purposes, and of that amount, what amount remains to be spent?

Mr. Koonce

I don't have those figures available. I can get them for you later on today.

Council President Verna

I'd appreciate that. Thank you. Any questions from members of the Committee? 99 12/4/07 - RULES - BILL 070913, ETC. (No response.)

Council President Verna

Anyone else to testify on this bill? (No response.)

Council President Verna

Seeing no one, I would ask Mr. McPherson to please read the title of Bill No. 9 070944. MR. McPHERSON: An ordinance 11 approving the eighth amendment of the redevelopment proposal for the Morton Urban Renewal Area, being the area generally bounded by Germantown Avenue on the southwest, High Street on the northwest, Belfield Avenue and Musgrave Street on the northeast, the Chestnut Hill Branch of the Reading Railroad on the east, and Chelten Avenue on the southeast, including the eighth amendment to the urban renewal plan and the amended relocation plan, which provides, inter alia, for the additional land acquisition of approximately ten properties for residential and related uses; the 100 12/4/07 - RULES - BILL 070913, ETC. provision of certain relocation services, as required by law; and declaring that condemnation is not imminent with respect to the Project.

Mr. Koonce

Madam Chairperson and members of the Committee, I am here to speak in support of Bill No. 070944, the eighth amendment to the redevelopment proposal for the Germantown Redevelopment Area and the eighth amendment to the urban renewal plan for the Morton Urban Renewal Area. These properties will be used for the future development. The proposal and plan provide for the acquisition of a total of ten vacant lots, with estimated acquisition costs of $536,000 and will be paid for through bond proceeds from the Neighborhood Transformation Initiative. It should be noted that 2329 Price Street consists of two premises labeled A and B. The intention of this bill is to acquire premises B, which is a vacant lot, and not A, which is an 101 12/4/07 - RULES - BILL 070913, ETC. operating business. Madam Chairperson and members of the Committee, I respectfully request favorable consideration of Bill No. 6 070944 and would also ask suspension of Council rules to allow first reading on December 13, 2007.

Council President Verna

Thank you. Mr. Redding.

Mr. Redding

Hello, Madam President and members. I'm Richard Redding from the Planning Commission in support of Bill No. 070944 involving acquisition of ten properties in the Morton Urban Renewal Area. The properties are on Germantown Avenue, Rittenhouse Street and Price Street. The staff approved this in October of '07. Thank you.

Council President Verna

Could either one of you tell us if there are any future development plans and when it is anticipated these properties will be 102 12/4/07 - RULES - BILL 070913, ETC. used?

Mr. Koonce

We were asked to acquire these properties for future development. I don't know of any future plans that have been submitted so far.

Council President Verna

You were asked by whom?

Councilwoman Miller

I asked him.

Council President Verna

Okay. Do you anticipate future development?

Councilwoman Miller

Yes. We have several people interested in these lands. In fact, we could have had a senior housing development built on this. We had site control by the nuns at Chestnut Hill Hospital when they were looking for it, but the fact that we have not owned or had acquisition of all these lots has really hurt us in order to get this developed. This is a block that had too many vacant properties on it. It's right off of Germantown Avenue. So that we do 103 12/4/07 - RULES - BILL 070913, ETC. have a number of developers that are interested.

Council President Verna

Who have expressed interest?

Councilwoman Miller

Right.

Council President Verna

Thank you. Any questions from members of the Committee? (No response.)

Council President Verna

Do we have anyone else to testify on this bill? Please approach the witness table. Good afternoon. Kindly identify yourself for the record.

Mr. John Pohl

Good afternoon. My name is John Pohl.

Mr. Richard Pohl

My name is Richard Pohl. We own the property at --

Council President Verna

I'm sorry. How are you spelling your last name? Is it B or H?

Mr. Richard Pohl

P-O-H-L. 104 12/4/07 - RULES - BILL 070913, ETC.

Council President Verna

P. Thank you.

Mr. John Pohl

We own the property from East Price Street to 29 6 Price Street. We own the business. 7 We're second generation owned. We've 8 been in business since '32. 9 The property, what they're 10 speaking about, is A and B. We've been 11 in that neighborhood for a long time and 12 we've seen a lot of changes. We've 13 helped the neighborhood in every way we 14 could. We personally clean the streets, 15 help kids out and done everything. And 16 the problem is is that they want to 17 acquire the B part of our property, and 18 that's equally as important to our 19 business as the A part of our property. 20 We're not opposed to them taking B as 21 long as they take A, if they take both 22 parts of it. 23

Council President Verna

I'm sorry. Is A the portion that you presently occupy? 105 12/4/07 - RULES - BILL 070913, ETC.

Mr. John Pohl

We occupy both.

Council President Verna

Oh, both A and B?

Mr. John Pohl

Yeah. A is where our building is. B, we have the building in the back on B side, but that's where we store our materials and we do work back there.

Councilwoman Miller

Yes. Councilwoman Miller. I grew up -- I was born and raised in that neighborhood, so I'm very familiar with the business and how long it's been there. We actually didn't think there was any portion being used of B. We knew you were doing work in A. I'll call it A like you're doing. So we are -- and we understand that you are interested in being relocated, moving, and we're interested in helping you, but we think we have to take -- we haven't had any opportunity, because I think today was the first day you came forward to say that this was -- 106 12/4/07 - RULES - BILL 070913, ETC. to express your interest. So we haven't had any chance to do an appraisal or anything. So we are certainly interested in acquiring both A and B, subject to the appraisal, relocation costs, et cetera.

Mr. John Pohl

Okay.

Councilwoman Miller

And we need to get your information too, because today is the first time I've met you.

Mr. Richard Pohl

This is all new to us.

Mr. John Pohl

We got the letter a week ago.

Mr. Richard Pohl

A week ago we got the letter or two weeks ago, I should say.

Councilwoman Miller

Just about two weeks ago, because a couple other people called us and we did have a chance to have some discussion.

Mr. Richard Pohl

Like I said, we've been trying to help out the neighborhood. If people graffiti on the walls, we try to clean it up right away. 107 12/4/07 - RULES - BILL 070913, ETC.

Councilwoman Miller

Yeah. I'm very familiar --

Mr. Richard Pohl

You understand how the neighborhood is.

Councilwoman Miller

I do. I was at Morgan's Saturday night at a fundraiser. So you know I know your neighborhood. I mean, I drive past -- I've actually driven past your establishment all my life, and as recent as Saturday night, I was there at Morgan's. They did a fundraiser for someone local, and I was there. So I know what you've done. I know what your business looks like and how you do help on Price Street.

Mr. John Pohl

We have no 19 delinquencies. All our taxes are paid.

Councilwoman Miller

We know.

Mr. John Pohl

We own it outright and we keep it clean.

Councilwoman Miller

And we want to work with you. We do want to work with you. If we have more time, we 108 12/4/07 - RULES - BILL 070913, ETC. could be more definite today, but because we just really learned about your interest this morning, we haven't had the time, and we do need to do an appraisal. Okay?

Mr. Richard Pohl

Thank you.

Councilwoman Miller

Thank you.

Council President Verna

The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Just quickly just for the record, what is your business? You referred to your business.

Mr. John Pohl

Germantown Welding. I'm sorry.

Councilman Greenlee

Germantown what?

Mr. John Pohl

Germantown Welding.

Councilman Greenlee

Welding. Thank you.

Council President Verna

Thank you for coming in. I would suggest that you not 109 12/4/07 - RULES - BILL 070913, ETC. leave the Chamber until you see --

Councilwoman Miller

Dave or William, either one.

Council President Verna

-- one of Councilwoman Miller's aides so that they can take whatever information is needed to try to assist you.

Mr. John Pohl

Thank you.

Council President Verna

Thank you.

Councilwoman Miller

Thank you.

Council President Verna

Do we have anyone else to testify on this bill? (No response.)

Council President Verna

Seeing no one, I would ask Mr. McPherson to please read the title of Bill No. 20 070946. MR. McPHERSON: An ordinance 22 approving the tenth amendment of the redevelopment proposal for the Nicetown Urban Renewal Area, being the area beginning at the intersection on the 110 12/4/07 - RULES - BILL 070913, ETC. easterly side of Broad Street and the northerly side of Wingohocking Street, projected, including the tenth amendment to the urban renewal plan and the amended relocation plan, which provides, inter alia, for the additional land acquisition of approximately properties for 9 residential and related uses; the 10 provision of certain relocation services, 11 as required by law; and declaring that 12 condemnation is not imminent with respect 13 to the Project. 14

Council President Verna

Thank 15 you. 16

Mr. Koonce

Madam Chairperson 17 and members of the Committee, I am here 18 to speak in support of Bill No. 070946, 19 the tenth amendment to the redevelopment proposal for the Nicetown Redevelopment Area and the tenth amendment to the urban renewal plan for the Nicetown Urban Renewal Area. This proposal and plan provide for the acquisition of a total of 19 111 12/4/07 - RULES - BILL 070913, ETC. vacant properties consisting of 13 lots and six structures. The properties are to be used for future development. The estimated acquisition cost is $159,000 and will be paid for through bond proceeds from the Neighborhood Transformation Initiative. Madam Chairperson and members of the Committee, I respectfully request favorable consideration of Bill No. 12 070946 and would also ask the suspension of Council rules to allow first reading on December 13, 2007.

Council President Verna

Mr. Redding.

Mr. Redding

Yes. Good afternoon. Again, I'm Richard Redding from the Planning Commission testifying in support of Bill 070946 involving acquisitions in the Nicetown Urban Renewal Area. The Planning Commission approved this on October 16th of 2007. Thank you.

Council President Verna

For 112 12/4/07 - RULES - BILL 070913, ETC. the record, can we get a better description of the redevelopment area than the one provided in the title of the bill? The property is to be acquired for future development, as I understand, but can we have some clarification as to the description?

Mr. Koonce

The description of the premises?

Council President Verna

Of the development area than the one provided in the title of the bill.

Mr. Koonce

Yes, ma'am. You mean a geographical description of the urban renewal area?

Council President Verna

Please.

Mr. Koonce

Yes, ma'am.

Mr. Redding

Madam President, the Nicetown Redevelopment Area is to the west of Broad Street and upper North Philadelphia. The main street in the redevelopment area is Germantown Avenue and it's just below the Roosevelt 113 12/4/07 - RULES - BILL 070913, ETC. Boulevard Expressway, Route 1. So the neighborhood to the north and west would be Germantown. These acquisitions are in a few different locations, some of them along Germantown Avenue where mixed-use development would be appropriate, but some of the properties are also in residential sections of the Nicetown neighborhood, so it's likely that different uses will be put to these properties.

Council President Verna

Has the acquisition of these properties been specifically approved by City Council?

Councilwoman Miller

Yes.

Mr. Koonce

The ordinance is requesting the approval for the acquisition and the use of NTI dollars to fund the acquisition.

Council President Verna

The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Madam President. 114 12/4/07 - RULES - BILL 070913, ETC. Just quickly. I certainly have no problem with this bill, but is there -- and I know this question has sort of been brought up in different forms before, and I guess this relates to what you were saying about Mr. Feder looking at the bills and all. But even if it's not in the title of the bill, shouldn't the addresses be mentioned somewhere?

Council President Verna

Exactly. That's what my --

Councilman Greenlee

I mean, shouldn't the exact addresses be somewhere in the bill? Again, I have no 17 reason to think there's anything wrong here. I'm just wondering what --

Mr. Koonce

I promise to work this out with my general counsel and Richie Feder of the legal department before we bring another bill back.

Council President Verna

But before you work it out, what are we supposed to do when time is not in our 115 12/4/07 - RULES - BILL 070913, ETC. favor, you're asking for a suspension of the rules? Normally whatever we do is very clearly specified in the title of the bill.

Mr. Koonce

I understand that, but I can only hope to work it out. In all of the years that I've been preparing these bills, we've never been asked for addresses of the bills. I mean, we haven't changed our format. This is the way it's always been. I can only promise to add more specificity in the future.

Councilman Greenlee

Mr. Koonce --

Councilwoman Miller

Council President?

Councilman Greenlee

Oh, I'm sorry. Go ahead.

Councilwoman Miller

I happen to have all the addresses. This is a bill that's in my district, and we can just add it to the bill as amended.

Council President Verna

What I would suggest at least for the record 116 12/4/07 - RULES - BILL 070913, ETC. with the stenographer here, we ought to say what addresses there are, because --

Councilwoman Miller

Well, I can state the addresses.

Council President Verna

Because I think we're not doing this as well as we should.

Councilwoman Miller

Right. I can state the addresses. We have 41 -- and all of these addresses right now are on Germantown Avenue. We have 4106, 4108, 4220, 4228, 4406, 4408, 4423, 4427, 4431, 4433, 4435, 4437, 4442, 4449, 4451, 4458. And then we have 4305 North 16th Street, 4307 North 16th Street and 4309 North 16th Street. And those are the addresses of the properties in the Nicetown Urban Renewal Area.

Mr. Koonce

I can also provide a list for the previous bills right now of all of the property addresses.

Council President Verna

Thank you.

Councilwoman Miller

I 117 12/4/07 - RULES - BILL 070913, ETC. actually have a list of all the properties for all three bills. If you need them, I'll do it. But I just wanted to state for this amendment to the Nicetown Urban Renewal Area, each one of these properties has a designated use. For example, we have a restaurant that needs two of the lots for parking. All of these are lots, with the exception of 4406 and 4408 are vacant stores, and we also -- 4428 -- oh, they're lots. We only have about five actual structures here, and the last three on 16th Street have all been damaged by fire and the Nicetown CDC will be renovating those and put those back to use, but the majority of these are lots.

Council President Verna

Thank you.

Councilwoman Miller

You're welcome.

Council President Verna

Any other questions from members of the 118 12/4/07 - RULES - BILL 070913, ETC. Committee? (No response.)

Council President Verna

Do we have anyone else to testify on this bill? (No response.)

Council President Verna

Seeing no one, I would ask Mr. McPherson to please read the title of Bill No. 10 070948. MR. McPHERSON: An ordinance 12 amending Section 14-102 of The Philadelphia Code, entitled "Definitions," by amending the definition of "Night Club," all under certain terms and conditions.

Mr. Kramer

Good afternoon, Chairman Verna and members of the Rules Committee. I am William Kramer, the Acting Division Director of the Development Division of the Philadelphia City Planning Commission. I am here today to testify on Bill No. 070948, which was introduced into City Council on November 1, 2007. 119 12/4/07 - RULES - BILL 070913, ETC. The purpose of this bill is to redefine the term "Night Club" in an effort to minimize the unintended consequences of the existing definition. The new definition in the bill 7 reads, "An establishment where 50 or more people congregate, which may or may not serve food to patrons, has a Disc Jockey and/or live entertainment and has an area/areas permitted for permanent or temporary, set aside as a dance floor for the purpose of dancing by the patrons of the establishment." This will replace the current definition which reads, "A use engaged in the preparation and retail sale of food and/or beverages which includes live entertainment, a Disc Jockey or self-contained sound system providing music; with or without amplified sound and which may or may not provide for dancing by guests and patrons." This definition was created by Bill No. 903 on November 25, 1994. 120 12/4/07 - RULES - BILL 070913, ETC. One of the major problems with the current definition is that any restaurant that has a self-contained sound system is considered a night club, and all night clubs must go to the Zoning Board of Adjustment for a zoning approval. An example of the problem with this definition would be a small restaurant in a heavily commercial area which would be included as a night club. It would also include a McDonald's if the restaurant used a music box in the store. Accordingly, none would be permitted as a matter of right in a commercially zoned area. The staff of the Philadelphia City Planning Commission, collaborating with both Councilman DiCicco's office and the Zoning Unit of Licenses and Inspections, has worked diligently to create a new definition which we think will alleviate this and other issues associated with the out-of-date definition. 121 12/4/07 - RULES - BILL 070913, ETC. The City Planning Commission at its meeting of November 21, 2007 considered and approved Bill No. 070948. This concludes my testimony. I appreciate the opportunity to appear before you today and would be pleased to answer any questions you may have.

Council President Verna

Is this the improved bill?

Councilman O'Neill

Is this the improved bill you were referring to?

Mr. Kramer

Yes, I believe so. Yes. We are recommending approval of this bill.

Council President Verna

Thank you. The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Madam President. Mr. Kramer, just a quick question. To your knowledge -- because I see you use the example of the McDonald's or whatever -- have there been actually a 122 12/4/07 - RULES - BILL 070913, ETC. lot of violations written on establishments, not necessarily McDonald's, but places that, to your knowledge, really didn't deserve those kind of violations or is this something you just are trying to be proactive on?

Mr. Kramer

No. There have been a number of complaints from different establishments that have been sent to the Zoning Board as a night club that really didn't deserve to be a night club. This would include an Italian restaurant that has someone singing with a guitar or going from table to table. They would be considered a night club when realistically they are a restaurant.

Councilman Greenlee

I got you.

Mr. Kramer

And that was the impetus behind the bill.

Councilman Greenlee

We don't want to damage those restaurants in South Philadelphia, I know that. Thank you, Mr. Kramer. 123 12/4/07 - RULES - BILL 070913, ETC.

Mr. Kramer

You're welcome.

Council President Verna

Do you know how many night clubs are currently operating in the City?

Mr. Kramer

I do not have that information. It's certainly not something that my agency has tracked, but we do not necessarily see every application that would come into the Department. I can ask the folks at the Department of License and Inspections. They may have such a number.

Council President Verna

Can you tell us what, if any, effect will the change in the definition have on the night club business?

Mr. Kramer

It should not have any effect, because night clubs have been adjudicated as something that requires Zoning Board approval and they will continue to do that. This is just to narrow the definition so that night clubs go to the Zoning Board of Adjustment, not particularly uses that otherwise 124 12/4/07 - RULES - BILL 070913, ETC. shouldn't have to go.

Council President Verna

Great. Thank you. Any questions from members of the Committee? (No response.)

Council President Verna

Do we have anyone else to testify on this bill? (No response.)

Council President Verna

Seeing no one, I would ask Mr. McPherson to please read the title of Bill No. 14 070953. MR. McPHERSON: An ordinance 16 approving the fourth amendment of the redevelopment proposal for the Brewerytown Urban Renewal Area, being the area generally bounded by Oxford Street on the north, Dover Street and 29th Street on the east, Harper Street and Poplar Street on the south, 33rd Street on the west and the Amtrak Railroad right-of-way on the northwest, including the fourth amendment to the urban renewal 125 12/4/07 - RULES - BILL 070913, ETC. plan and the second amendment to the relocation plan, which provides, inter alia, for the additional land acquisition of approximately eight properties for residential and related uses; the provision of certain relocation services, as required by law; and declaring that condemnation is not imminent with respect to the Project.

Council President Verna

Mr. Redding.

Mr. Redding

Good afternoon. Once again, I'm Richard Redding from the Planning Commission, testifying in support of this bill, No. 070957. It's the redevelopment proposal for Brewerytown Urban Renewal Area involving acquisition of eight vacant homes on Myrtlewood, Oxford and Corlies Streets for future rehabilitation under the Homestart Program for affordable homeownership. The staff approved this in May of '07. Thank you. 126 12/4/07 - RULES - BILL 070913, ETC.

Mr. Koonce

Madam Chairperson and members of the Committee, I'm Michael Koonce and I'm here to speak in support of Bill No. 070957, which is the fourth amendment to the redevelopment proposal and fourth amendment to the urban renewal plan for the Brewerytown Urban Renewal Area. The proposal and plan provide for the acquisition of eight properties. They are 1411, 1428 and 1462 North Corlies Street; 1525 North Hollywood; 1513, 1517 and 1521 North Myrtlewood Street; and 3014 West Oxford Street. The eight vacant structures are to be acquired in the Brewerytown section 18 of North Philadelphia. The Philadelphia Housing Development Corporation will rehabilitate these properties under the Homestart Program as affordable homeownership units for sale to first-time home buyers. As described in the Year 27 Consolidated Plan, the Office of Housing and Community Development 127 12/4/07 - RULES - BILL 070913, ETC. supports the acquisition of properties in the Brewerytown area of North Philadelphia for inclusion in the Homestart Program. Madam Chairperson and members of the Committee, I respectfully request favorable consideration of Bill No. 9 070957 and would also ask the suspension of Council rules to allow first reading on December 6, 2007.

Council President Verna

Thank you. Mr. Redding. Oh, he did testify. I'm sorry.

Mr. Redding

Yeah. Madam President, I already gave my testimony.

Council President Verna

Yes, you did. Mr. Koonce, the fact sheet accompanying your testimony gives a breakdown of the cost of these acquisitions. Can you please explain these costs; for instance, $25,000 for advertising, $63,000 for delay 128 12/4/07 - RULES - BILL 070913, ETC. compensation?

Mr. Koonce

The $25,000 in advertising is an approximate cost of running the ads for this Council hearing on three consecutive weeks in the daily paper, daily circulation. In this instance, the Philadelphia Inquirer, the Philadelphia Tribune. And also we are required to list it in the Legal Intelligencer. It also includes the cost of advertising after the properties are acquired in papers of daily circulation the actual filing -- the notice of the filing of the declaration of taking. The delay compensation is a dollar amount typically 35 percent of the total acquisition costs, which we require to be held. It comes as a result of a state -- actually, not a state. It comes as a result of a court case that was settled many years ago in which the court required municipalities to have at least 35 percent of the acquisition costs on hand in case there were adverse rulings. 129 12/4/07 - RULES - BILL 070913, ETC.

Council President Verna

Can you tell us what the source of funding is for the relocation?

Mr. Koonce

It's anticipated that OHCD will make available Community Development Block Grant fundings.

Council President Verna

Thank you. Are there questions from members of the Committee? (No response.)

Council President Verna

Do we have anyone that would like to testify on this bill? Please come forward, sir. Good afternoon. You've been extremely patient.

Mr. Byrd

Tyrone Byrd. It's in regards to 1462 North Corlies Street. I'm the oldest of three siblings and they my stepsisters and brothers, but I've been paying the taxes on the property and I believe they're going to sign the paper over to me. I'm getting ready to get the 130 12/4/07 - RULES - BILL 070913, ETC. property probated. And I just got notification of this about two weeks ago.

Councilman Clarke

Thank you, Madam President. Good afternoon, Mr. Byrd. I've just been made aware of your situation. My understanding is that the property belonged to your father?

Mr. Byrd

It belonged to my stepfather and my mother. She outlived him, and I was -- you know, my stepsisters and brothers have said that I was her last, you know -- you have to forgive me. I'm tired and I'm sick.

Councilman Clarke

I understand.

Mr. Byrd

I've been down here since 9:00 this morning. The bottom line is that we haven't finalized anything and didn't go about probating or anything. I've just been taking care of the taxes and boarding up the windows when they break in. 131 12/4/07 - RULES - BILL 070913, ETC.

Councilman Clarke

Right. What we'd like to do -- and I understand based on what I was told a little earlier of your situation -- is assuming that you're going to get the issue with respect to the deed resolved relatively quickly, once you get the probate -- and I understand your brothers and sisters have to sign off. Once you're able to get probate with the Register of Wills resolved and then you'll become the owner of record, we're going to ask the Redevelopment Authority to enter into a redevelopment agreement. What that is, when the Redevelopment Authority condemns a property to take it for whatever purpose and then the owner surfaces to say, No, I'm willing to do something with this property, so what they do, they enter what's called a redevelopment agreement, and you are given a certain period of time to pull building permits, so that basically means you're ready to start rehabbing the house. 132 12/4/07 - RULES - BILL 070913, ETC. Is that your intention, to rehab the house?

Mr. Byrd

To rehab or sell, because I have had offers that if I --

Councilman Clarke

To rehab or sell it? I wish you hadn't said that part. So it's your intention to sell it?

Mr. Byrd

No. I said rehab or sell. People have been offering to buy the house as is, but since it's not in my name, I couldn't sell it.

Councilman Clarke

I wish you didn't tell me that.

Mr. Byrd

I'm not trying to be slick. I'm being honest.

Councilman Clarke

I appreciate you being honest. We can do this --

Mr. Byrd

Bottom line is, the property been condemned, as you said --

Councilman Clarke

Before I say too much on the record, why don't you just proceed as quickly as possible in getting your deed secured, and once you 133 12/4/07 - RULES - BILL 070913, ETC. do that, then we can talk to you about what needs to happen in the next phase. Okay?

Mr. Byrd

Bottom line, I just want to know, the letter that I got made it seem as though, even though it was explained to me by Ms. Fox that you're not just going to snatch the property, but I got a letter two weeks ago telling me that I got a hearing here.

Councilman Clarke

Right. What has to happen under the law and because the owner of record is your stepfather --

Mr. Byrd

It's my mother.

Councilman Clarke

It's your mother. So what happens under the law, if we are going to condemn the property, we have to pay -- we have to compensate you, pay you for the cost of the market value of the property. On that particular block it's actually starting to be pretty high, because, as you said, people were making offers. So we, the 134 12/4/07 - RULES - BILL 070913, ETC. City, the Redevelopment Authority, must pay, compensate the listed owner. So what I'm going to ask the Redevelopment Authority is to wait until you're the listed owner before we proceed with any action, be it either a redevelopment agreement or offering of compensation payment for the property. Okay? Mr. Koonce, is that sufficient?

Mr. Koonce

Yes. That's very acceptable.

Councilman Clarke

Thank you. So if you can stay in touch, and as soon as you're close to the process of solidifying the title to the deed, just let us know and we can do what we need to do.

Mr. Byrd

I appreciate that.

Councilman Clarke

Thank you, sir.

Council President Verna

Do we have anyone else to testify on this bill? (No response.)

Council President Verna

135 12/4/07 - RULES - BILL 070913, ETC. Seeing no one, I believe this will conclude our public hearing. We'll go into our public meeting. And before we do so, Mr. Koonce, the Mayor-elect has said it's a new day and a new way. I am telling you starting in January, I want you to go back and please convey to the attorneys that we are not comfortable with the ordinances that are coming forth without even giving addresses. I think that's wrong, and I think everybody on this Committee concurs that there should be some clarification as to where these locations are.

Mr. Koonce

I will absolutely make that a priority at least with our general counsel to get in touch with his counterparts at the City Law Department who has to approve the ordinance before we pass it on, not only just as to the address but also as to a more specific location.

Council President Verna

Thank you. Because I will tell you, I don't 136 12/4/07 - RULES - BILL 070913, ETC. feel comfortable in doing it this way, and to be very honest with you, I think I would be very reluctant come January to list a bill -- we have been saying this for how long now?

Councilman Clarke

Quite some time.

Council President Verna

We have consistently said it, and I will be reluctant to list a bill that comes before us that is not really clarifying the exact locations. Thank you very much. I really hope that you convey that to the legal people.

Council President Verna

Thank you. We are now in our public meeting. The Chair recognizes Councilman Clarke regarding Bill No. 070913.

Councilman Clarke

Thank you, Madam President. Madam President, we are offering an amendment on this particular 137 12/4/07 - RULES - BILL 070913, ETC. bill. It has been circulated. I would like to make a motion on the adoption to an amendment to Bill No. 070913. (Duly seconded.)

Council President Verna

It has been moved and seconded that the amendment be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion carries. Again, the Chair recognizes Councilman Clarke.

Councilman Clarke

Madam President, I move that Bill No. 070913 as amended be reported out of Committee with a favorable recommendation and a request for rules suspension as to allow reading at the next session of Council.

Council President Verna

Do I hear a second? 138 12/4/07 - RULES - BILL 070913, ETC. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 5 070913 be reported out of Committee with a favorable recommendation as amended; further, that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion carries. As I indicated previously, Bill 18 No. 070934 is being held at the request of the sponsor. We will now consider action on Bill No. 070936, and the Chair recognizes Councilman Clarke.

Councilman Clarke

I move that Bill 070936 be reported out of Committee with a favorable recommendation and a 139 12/4/07 - RULES - BILL 070913, ETC. request for rules suspension as to allow reading at the next session of Council. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 7 070936 be reported out of Committee with a favorable recommendation; further, that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (Ne response.)

Council President Verna

The ayes have it and the motion carries. Again, the Chair recognizes Councilman Clarke for a motion on Bill 21 No. 070943.

Councilman Clarke

I move that Bill 070943 be reported out of Committee with a favorable recommendation and a request for rules suspension as to allow 140 12/4/07 - RULES - BILL 070913, ETC. reading at the next session of Council. (Duly seconded.)