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Committee Hearing, December 7, 2011

Minutes from Philadelphia City Council Committee Hearings, Dec 7, 2011

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

Council President Verna

Good2 morning, Madeline. Please identify3 yourself for the record and proceed with4 your testimony.5

Ms. Shikomba

The other two6 individuals apparently could not make it.7

Council President Verna

Oh,8 okay.9

Ms. Shikomba

Council10 President Verna, members of City Council,11 it is with trepidation that I speak to12 you once again about the Zoning Code13 proposal that is before you. Why with14 trepidation? 1 on the Code that has been done on the2 Code has been very well done, and we3 welcome some of the changes that have4 been made. I was pleased to see that a5 few of my suggestions were incorporated,6 such as allowing specific interest groups7 to participate, that the geographical8 area -- the RCOs shall meet the9 geographic area set forth in the10 organization's formation document and not11 the regulations of the Commission. 14 The third recommendation15 requires the District Councilperson be16 notified about the project, and my17 question is -- because I have concerns,18 some, about this -- is what will happen19 next? 21 Will he or she contact the constituents22 affected, hold meetings? 1 decision-making process? 8 However, there are certain things I find9 disturbing and hurt RCOs, especially in10 the Civic Design Review Committee,11 Section 14-304(5)(a), which allows the12 RCOs to have one person and one rotating13 representative, quote, who currently is14 an active member of a zoning committee of15 an RCO located in the project area. The16 problem is, the RCO may not have a17 person, quote, who is active in the RCO18 that has the expertise needed to19 participate on the CDR project and may20 have to enlist outside help. This is21 prevented since it is requires the22 participation of an active member in the23 RCO. 9 We feel that the new Zoning10 Code is too developer friendly and11 community unfriendly. The aesthetic12 beauty of the City is being destroyed. I13 remember as a child how beautiful the14 street I once lived on, which was a15 two-story -- which was a block of16 two-story buildings. It was uniform, the17 uniformity that gave this block its18 character and its beauty. Now this is19 being destroyed. 2 Building of these three-story3 structures in two-story neighborhoods not4 only destroys the character and aesthetic5 beauty of the block, but also affects the6 property value. Councilperson Green7 adhered to the fact that there was a8 setback. 18 In essence, it does look like a shack on19 top of a two-story building. 1 street-level building that's two-story,2 now three-story, with even a deck on top3 of that. So the setback doesn't help4 very much, even though they keep lauding5 about setbacks and how it's supposed to6 protect the neighborhood. 9 How does it destroy the10 buildings in the neighborhoods besides11 just the aesthetic beauty of it? 14 The adjacent homes are also suffering15 from water damage, cracked walls and16 weakening of their foundations. 17 These three-story buildings require18 deeper basements to support the19 structure. 1 two-story building, often running between2 the adjoining walls. Developers are not3 repairing these damages. 6 Two, they're often unable to find the7 developer. Some of them are8 fly-by-nighters. You know what I mean by9 that. 12 None of this is being taken13 under consideration when these buildings14 are being built. The community in these15 areas should have a say so or not whether16 or not they want these three-story17 buildings in their traditional two-story18 neighborhood. 20 The City is allowing this under21 the pretext that it will create jobs and22 bring a boon to Philadelphia. What kind23 of jobs will be created? Do the residents benefit? No. 4 The developers are hiring non-union5 workers, most of whom are immigrants from6 Mexico. Is the City getting wage tax7 from these workers? I doubt it is8 getting that much, considering the low9 wages that they are paid since they are10 non-union workers. The City is losing11 money that they could gain by -- that12 they feel that they would gain, and13 they're not gaining anything. They get a14 few temporary jobs, but lose huge sums15 with a ten-year tax abatement rebate.

Ms. Shikomba

17 We are constantly told how the18 ten-year tax abatement will help the City19 because jobs will be created. 6 percent. 1 we allow them to build all these2 different houses? Where are they coming3 from? I don't know. 5 Or the advantage of the6 ten-year tax abatement has yet to be7 realized. 10 Now that many of the11 restrictions under the old Code -- many12 of the restrictions of the old Code gave13 relief not only to the community14 residents but also to individuals. 16 How much -- my question to this is, we17 will see now a new flood of new housing18 in our low- and moderate-income19 neighborhoods. How much of this will be20 low- and moderate-income housing? " Why? Because there's no22 incentive to build low- and23 moderate-income housing. 4 The disparity -- how much5 housing have you built in the last five6 to ten years? Very little. 7 The disparity between the8 have's and the have not's continue to9 grow, not only in this city but also10 around the country. The approval of this11 Zoning Code in its present state will12 only further that divide. This is why we13 have these Occupy movements. The14 economic, social and political divide15 continues to favor the have's. Is this16 why they are pushing the Zoning Code plan17 forward as you did in the ten-year tax18 abatement? 2 Mayor Nutter is right now in3 Harrisburg as I speak seeking to revise4 the tax assessment. Who will be hurt5 when this come into play? The have6 not's. That's who will be hurt, the7 poor, the senior citizens and the8 moderate income. The reassessment will9 quadruple our taxes while the owners of10 these new buildings will not be burdened11 with these increases for the next ten12 years. Is this fair? 13 Justice does not sit at the14 feet of the 99 percent. That is the15 poor, the senior citizen and the moderate16 income. 18 We are asking you to put in19 more safeguards for the community by20 enhancing individual rights and community21 rights in the existing Code. 5 Again, I keep hearing about,6 well, you know, it won't be profitable to7 build these houses in two-story8 neighborhoods. Well, who is profiting9 from it? 11 I'm not profiting from it. 15 I am not going to go through16 the recommendations I have put in and the17 amendments I have requested. You all18 have copies of them. I've given them to19 you a number of times. I just ask that20 you will reconsider some of these21 recommendations and maybe add them as22 amendments to the Zoning Code and that23 you will somehow listen to us and to our24 pleas. 1 I stopped listening to the2 have's. They have enough. How about3 giving me something for a change? I4 would love it. I'm one of the have5 not's. 6

Council President Verna

Thank7 you.8 Our next panel.9

The Clerk

Victoria Fernandez,10 Margaret Motheral, Al Alston and Bonita11 Cummings.12 (Witnesses approached witness13 table.)14 COUNCIL PRESIDENT VERNA:15 Please identify yourself for the record.16

Ms. Motheral

Hello. What?17 COUNCIL PRESIDENT VERNA:18 Identify yourself for the record, please.19

Ms. Motheral

Hi. 7 One of my suggestions -- I'm8 not going to read all of them, because9 there's a paper out there. You can read10 them -- is easy and quick citizen access11 to environmental reports of sites located12 within eight blocks of their homes. In13 an urban environment, we have a lot of14 problems with environmental health15 hazards. Give citizens the right to16 third-party and professional neutral17 environmental professional studies. 3 We have a ton of dust in all4 our dirt here. All our row houses made5 of brick that get demolished and create a6 lot of dust have asbestos and silica,7 which is a deadly disease. 18 Everybody knows I've been19 complaining for years and I've never20 gotten any kind of response. So -- and21 this is actually an idea. 8 One other thing is that if any9 group claims that it is a community or10 neighborhood group or CDC or this new11 registered thing that we have, that they12 cannot prejudice against or exclude any13 specific person from the services,14 support and protections due the community15 and neighborhood. What I've been hearing16 today is -- a Zoning Code, in my mind,17 should have two -- well, a lot of18 aspects, but one is to attract19 responsible, creative, innovative,20 fiscally good developers, and the other21 one is to improve the community for22 Philadelphians and to attract new23 citizens. , and the one that came9 out to be the happiest was in one of10 those really cold northern states that I11 don't want to live in, like North Dakota12 or Nebraska, but the reason that it was13 happy was because no matter what kind of14 problem a citizen had, maybe they had an15 alcohol problem or a money problem or16 their house burnt down or their car got17 wrecked, no matter what the problem was,18 everybody was there to help. That was19 the philosophy. It wasn't like a20 judgment or an attack. It was like21 everybody was there to help. 1 house since 2006 --2

Council President Verna

Ms.3 Motheral, can you conclude your4 testimony, please.5

Ms. Motheral

I will in one6 minute.7 -- (continued) because of8 HAZMAT and prejudices and non-response.9 And by the end of February, I will be10 homeless again.11 There's been this response12 towards problems that people have.13 Non-response creates a lot of problems.14 It creates an atmosphere of --15

Council President Verna

Ms.16 Motheral, please. Can you conclude.17

Ms. Motheral

I will conclude.18 COUNCIL PRESIDENT VERNA:19 Councilmembers have other commitments,20 and I really would like to get this voted21 on. So if you don't mind, please22 conclude.23

Ms. Motheral

When there is no24 response, things happen. Like in the25 158 12/7/11 - WHOLE - BILL 110835, ETC.1 last two weeks or three weeks, I've had2 two sexual harassment threats from people3 that are directly related to this project4 that has caused me problems for years and5 nobody has responded to.6 So response from the City about7 problems is very important.8 Thank you very much.9

Council President Verna

Thank10 you very much.11 Good morning, Bonita. Please12 identify yourself for the record.13

Ms. Cummings

14 My name is Bonita Cummings and I am the15 Director of Strawberry Mansion Community16 Concern. I am here today to testify on17 Bill No. 18 I wanted to say that if our19 minds are made up in, you know,20 agitation, people are agitated at the21 mere suggestion of change, then my22 testimony would be for naught. 1 28th Ward. In our community we have2 many, many corner stores that situate3 approximately 25 to 50 feet apart, and4 zoning and the Zoning Code is very, very5 important to that particular ward and6 division, the 13th Division, particularly7 just maybe the 28th Ward, because our8 stores are situated a lot closer than9 maybe other neighborhoods. " So I16 needed to be clear that the three-year17 rule is relative particularly in our18 area, because that would affect us19 greatly if it is not. 21 Also, I wanted to say that as I22 was reading it -- and we haven't really23 had a lot of time to read it in a24 comprehensive way. 1 days ago. 16 So my questions were asked at17 several of the meetings around the City,18 none particularly held directly in19 Strawberry Mansion. We went to Girard20 College for the interest of this bill and21 these changes, so my questions were never22 answered, and I'm trying to get an23 understanding of that. 4 Also, this is a huge, huge5 undertaking, and I do believe that it can6 be done better. We've witnessed in here7 today that there are many people who have8 community concerns that were not9 addressed and that after the fact will10 not be addressed. 13 One of the things that I felt14 would be a better way to address this new15 introduction of the Code would be to run16 it on two tracks or possibly create a17 pilot that will give communities a time18 to witness what could happen if a change19 was to take place. That way, we could be20 using maybe two codes or at least have21 some protection against disaster. 1 communities, that we don't really have to2 rush this process, that we can take a3 look at it and run it maybe on two tracks4 or run it as a pilot and/or even look at5 what projects are people really talking6 about. 7 What communities are we talking about8 that need to have specific development9 done? And if those projects are really10 ready to look at, then maybe you can11 start with those communities and bring12 your development, three-story, et cetera,13 to those communities. But to do a large14 undertaking like this, just to change the15 Code, swap it out one code for the other,16 without really giving residents an17 opportunity to really understand what's18 about to happen to them may be a little19 unfair. 6

Councilman Jones

Yes, Madam7 Chair. I know we are trying to get8 through this, Madam President, but can9 someone address some of the three10 questions that were raised? And if you11 could succinctly repeat them for them to12 address.13 Could someone address them?14

Ms. Cummings

In the present15 Code under Title 14-104(5)(b), a16 non-conforming use has to comply with the17 three-year rule. I was not able to18 parallel that rule to any of -- you know,19 from my quick reading of this new20 document, how that would be relative to21 my community, which presently helps us22 because that forces businesses or changes23 to go to Zoning. And right now I don't24 know how we will get as a community an25 165 12/7/11 - WHOLE - BILL 110835, ETC.1 opportunity to address people who want to2 come in and do things without that3 three-year rule. That was one of the4 questions.5 (Witnesses approached witness6 table.)7

Council President Verna

Good8 morning. Identify yourself for the9 record.10

Ms. Gladstein

Eva Gladstein,11 Executive Director of the Zoning Code12 Commission.13 What's being referred to as the14 three-year rule is in Section15 14-305(b)(.1), Abandoned Uses, which says16 if a non-conforming use is abandoned for17 three or more years, then it can no18 longer reconstitute itself. So it is not19 exactly the same language, but it is --20 there is that language in the Code in21 that section.22

Councilwoman Tasco

What does23 that mean?24

Ms. Gladstein

Sorry. If you25 166 12/7/11 - WHOLE - BILL 110835, ETC.1 have a non-conforming use, a use that was2 previously legal and then the zoning was3 changed or the Zoning Code was changed,4 that use is allowed, is grandfathered in5 as non-conforming and is allowed to stay.6 But if, let's say, that use is a corner7 store, a little supermarket or something8 on the corner, if it's non-conforming but9 then it becomes vacant and it's vacant10 for three years, that use cannot be11 continued there. It has to -- any use12 coming in has to conform to the current13 zoning.14 DEPUTY

Mayor Greenberger

Alan15 Greenberger, Deputy Mayor.16 There was a second question17 about rights to testify on any zoning18 matter, and I just want to reassure19 everybody, Council and the public, that20 the individual and group rights to21 testify in any Commission hearing, any22 regulatory agency are exactly the same as23 they are now, which is that everybody is24 accorded that right. The difference is25 167 12/7/11 - WHOLE - BILL 110835, ETC.1 that a registered community group also is2 required to testify or specifically3 declare that they have no testimony. And4 in addition to that, they get the notice5 of a project that is going to get through6 Civic Design Review, which, by the way,7 in a good year -- we did some analysis of8 this -- is probably about three dozen9 projects citywide.10

Ms. Cummings

But some of that11 is -- it sets a precedent of have's and12 have not's. So I think how we do things13 as it relates to registered community14 groups or anybody in that process is not15 done in a manner where if you have not or16 are not a registered community group,17 that you kind of start to get that18 treatment, because that's -- people start19 to favor those who are registered versus20 those who are not registered. And we21 have a 1 percent or 99 percent situation,22 and we should be very careful about that.23 DEPUTY

Mayor Greenberger

The24 point of the registered community group25 168 12/7/11 - WHOLE - BILL 110835, ETC.1 is to encourage every neighborhood in the2 City to organize. It doesn't mean that3 they're going to do -- all the rights4 that were accorded now are still being5 accorded to individuals and to any group6 that comes forward, but we think there's7 value in every neighborhood being8 organized, and we did this to9 specifically create an incentive to do10 it.11

Ms. Cummings

And the third12 thing was that looking at a better way of13 doing this process, with the exception of14 just swapping out the whole Code for the15 new proposed legislation. I just feel it16 can be done better. It's better to do17 that.18

Councilman Jones

I'm sorry.19 Point of information. Was that your idea20 about provisional test case versus full21 implementation?22

Ms. Cummings

It may have23 been. I mean, I wrote some things and24 I'm not sure what they implemented into25 169 12/7/11 - WHOLE - BILL 110835, ETC.1 that, but I think it would take the2 stress off of the communities to know3 that there is a backup. We're not just4 going to run full ahead with something5 that could be disastrous. And I think6 that would be an injustice to the City to7 do that.8

Councilman Jones

I just9 wanted to make sure that those10 concerns -- we aren't going to probably11 be able to do all of them, but at least12 that they were heard and that they were13 answered. And someone -- a great14 Councilperson once said in these Chambers15 here, Act in haste and repent in your16 leisure. Councilwoman Tasco said that,17 and I've tattooed that on my heart.18 All right. I just wanted to19 make sure they were addressed.20 Thank you, Madam President.21

Council President Verna

Thank22 you.23 The Chair recognizes Councilman24 O'Neill.25 170 12/7/11 - WHOLE - BILL 110835, ETC.1

Councilman O'Neill

Madam2 President, at great personal risk trying3 to answer that last question or shed some4 light on it, I understand exactly what5 you're talking about, because this was a6 concern of mine going through the7 process. But many of the 42 changes that8 Council required involved putting use9 restrictions back in that are in there10 today in residential, commercial,11 industrial areas, and so that it wouldn't12 be more lenient and people find out that13 you're allowed to do more than you were14 allowed to do before. And I think that15 part has been accomplished. But your16 second part of your question I think was17 also addressed, in that this Code won't18 take effect for eight months.19 DEPUTY MAYOR GREENBERGER:20 That's correct.21

Councilman O'Neill

And22 community groups, informal as well as23 formal groups, will be able to ask the24 questions, as will District25 171 12/7/11 - WHOLE - BILL 110835, ETC.1 Councilpersons, at-large Councilmembers,2 get the answers and make changes over the3 next eight months to this, if there is4 something that we missed or thought we5 took care of but didn't. And that was6 sort of a compromise between trying to do7 it, those two things, and a whole lot of8 use restrictions were put back in since9 February. And the other is, the10 eight-month wait really allows us to go11 through this thoroughly and make changes12 that we think are helpful, and the new13 members coming in may feel differently14 than existing members who are retiring on15 that.16

Ms. Cummings

Eight months may17 not be long enough.18 But, lastly, I just wanted to19 say -- and I mentioned this at a hearing20 that they held at Temple University, and21 I think you were there, several of you22 were there. I personally didn't think23 that our Zoning Code was broken. I think24 that it put in place some stop-gap25 172 12/7/11 - WHOLE - BILL 110835, ETC.1 measures that may have irritated some2 folks, because sometimes people just want3 to do what they want to do, without4 having to adhere to law. And when you5 adhere to the law, you always will come6 up with a quality product.7 So as we move into this and8 change this, again, eight months may not9 be more than enough. We need to sample10 some of this stuff. So it needs to be a11 way to do that, and I'm not sure if that12 process would be it.13 Thank you.14

Council President Verna

Thank15 you.16 The Chair recognizes17 Councilwoman Tasco.18

Councilwoman Tasco

I just19 wanted to say that you have the20 opportunity to utilize the Council staff21 who worked on this project, this lady22 right here.23 COUNCIL PRESIDENT VERNA:24 Rosalie.25 173 12/7/11 - WHOLE - BILL 110835, ETC.1

Councilwoman Tasco

Rosalie2 and Stacey. They were very much3 involved, and I would sit down with them4 and go over some of your concerns, and5 they may be able to answer some of your6 questions. And if you have7 recommendations for the future by the8 eight months, then we can talk to them9 too to look at that.10

Ms. Cummings

Okay.11

Council President Verna

Thank12 you.13 That concludes our witness14 list. Is there anyone else to testify?15 Please approach the witness16 table, and I would ask you to be as brief17 as possible, please.18 (Witness approached witness19 table.)20 COUNCIL PRESIDENT VERNA:21 Kindly identify yourself.22

Mr. Sharp

Yes. Good23 afternoon. 17 I don't know if there will be18 an amendment process. 1 the community's standpoint, registered2 community organizations that were3 referred to as RCOs under Section 3-194 through 21. 9 I don't know what that notice in regards10 to registered community organizations,11 really where that came from. 15 And then the technical nature16 of the process is such that, as was17 discussed also early, I think that there18 should be a phasing in of the new Code19 and not a wholesale replacement, removing20 of the old and bringing in the new. I21 think there should be a phasing in22 process. 1 that, but I think that it is a problem2 when you bring a new law into play. And3 zoning is kind of like a misnomer,4 because really what you're regulating is5 business and personal activity in the6 community of Philadelphia. I mean,7 that's essentially what this Zoning Code8 does. 16 Some of that happened today. 7

Council President Verna

Thank8 you.9 I don't think there are any10 questions. Thank you. Thank you very11 much.12 Do we have anyone else to13 testify?14 (No response.)15 COUNCIL PRESIDENT VERNA:16 Seeing no one, this will conclude our17 public hearing. We will now go into a18 public meeting.19 The Chair recognizes20 Councilwoman Tasco regarding Bill No.21 110835.22

Councilwoman Tasco

Madam23 President, I move that Bill No. 110835,24 as amended, be reported out --25 179 12/7/11 - WHOLE - BILL 110835, ETC.1

Council President Verna

No.2 We have to vote on the amendments first.3

Councilwoman Tasco

I move for4 the adoption of the amendment to Bill5 110835.6 (Duly seconded.)7

Council President Verna

It8 has been moved and seconded that the9 amendments proposed for 110835 be10 adopted.11 All in favor will say aye.12 (Aye.)13

Council President Verna

Those14 opposed?15 (No response.)16

Council President Verna

The17 ayes have it. The motion carries.18 The Chair recognizes19 Councilwoman Tasco.20

Councilwoman Tasco

Madam21 President, I move that the amendment22 to -- that Bill 110835, as amended, be23 reported out of Committee with a24 favorable recommendation and that the25 180 12/7/11 - WHOLE - BILL 110835, ETC.1 rules of Council be suspended so this2 bill can be heard at Council's next3 session.4 (Duly seconded.)5

Council President Verna

It6 has been moved and seconded that Bill No.7 110835 be reported out of Committee with8 a favorable recommendation, as amended;9 further, that the rules of Council be10 suspended so as to permit first reading11 at our next session of Council.12 All in favor will say aye.13 (Aye.)14

Council President Verna

Those15 opposed?16 (No response.)17

Council President Verna

The18 ayes have it, and the Chair will now19 recognize again Councilwoman Tasco20 regarding Bill No. 110844.21

Councilwoman Tasco

Madam22 President, I move for the adoption of the23 amendment to Bill 110844.24 (Duly seconded.)25 181 12/7/11 - WHOLE - BILL 110835, ETC.1

Councilwoman Tasco

Is there2 an amendment? I move that Bill No --3

Council President Verna

I'm4 sorry. Let's make absolutely certain,5 please.6 Okay, Marian.7

Councilwoman Tasco

I move for8 the adoption of the amendment of Bill9 110844.10 (Duly seconded.)11

Council President Verna

It12 has been moved and seconded that the13 amendments be adopted.14 All in favor will say aye.15 (Aye.)16

Council President Verna

Those17 opposed?18 (No response.)19

Council President Verna

The20 ayes have it and the amendment is21 adopted.22 Again, the Chair recognizes23 Councilwoman Tasco.24

Councilwoman Tasco

Madam25 182 12/7/11 - WHOLE - BILL 110835, ETC.1 President, I move that Bill 110845 be2 reported out of Committee with a3 favorable recommendation --4

Council President Verna

44.5

Councilwoman Tasco

I'm sorry.6 I move that Bill 110844, as amended, be7 reported out of Committee with a8 favorable recommendation and that the9 rules of Council be suspended so this10 bill can be heard at Council's next11 session.12 (Duly seconded.)13

Council President Verna

It14 has been moved and seconded that Bill No.15 110844 be reported out of Committee with16 a favorable recommendation, as amended;17 further, that the rules of Council be18 suspended so as to permit first reading19 at our next session of Council.20 All in favor will say aye.21 (Aye.)22

Council President Verna

Those23 opposed?24 (No response.)25 183 12/7/11 - WHOLE - BILL 110835, ETC.1

Council President Verna

The2 ayes have it and the motion carries.3 The Chair recognizes Councilman4 DiCicco regarding Bill No. 110845.5 COUNCILMAN DiCICCO: Thank you,6 Madam President. I move that Bill No.7 110845 be reported out of this Committee8 with a favorable recommendation and that9 the rules of Council be suspended as to10 permit first reading at our next session11 of City Council.12 (Duly seconded.)13

Council President Verna

It14 has been moved and seconded that Bill No.15 110845 be reported out of Committee with16 a favorable recommendation; further, that17 the rules of Council be suspended so as18 to permit first reading at our next19 session of Council.20 I would just like to say21 regarding these bills, I think the22 community has openly expressed its23 feelings. I think it's a matter that's24 going to have to be addressed in the next25 184 12/7/11 - WHOLE - BILL 110835, ETC.1 session of Council. I personally have a2 different view, but that's just me. But,3 as I said, there will be somebody in my4 footsteps and perhaps he can feel5 differently than I do. And I want to6 again thank you for everything.7 The Chair recognizes Councilman8 Jones regarding Resolution 110852.9

Councilman Jones

I move for10 the adoption of the resolution.11 (Duly seconded.)12

Council President Verna

It13 has been moved and seconded that14 Resolution 110852 be reported out of15 Committee with a favorable16 recommendation.17 All in favor will say aye.18 (Aye.)19

Council President Verna

Those20 opposed?21 (No response.)22

Council President Verna

The23 ayes have it. The motion carries.24 Again, the Chair recognizes25 185 12/7/11 - WHOLE - BILL 110835, ETC.1 Councilman Jones regarding Resolution2 110853.3

Councilman Jones

I move for4 the adoption of the resolution.5 (Duly seconded.)6 COUNCIL PRESIDENT VERNA:7 Report it out of Committee with a8 favorable recommendation.9

Councilman Jones

I make a10 recommendation that the rules of Council11 be --12 COUNCILMAN DiCICCO: Madam13 President, I'm being told by14 Mr. Greenberger that for Bill No. 11084515 there was a second and then a discussion.16

Council President Verna

I'm17 sorry?18 COUNCILMAN DiCICCO: I'm being19 told that when I made the recommendation20 for Bill No. 110845, there was a second,21 but then a discussion ensued and we never22 actually voted on it. That's what I'm23 being told.24

Council President Verna

We25 186 12/7/11 - WHOLE - BILL 110835, ETC.1 didn't vote? Oh, I'm sorry. We're all2 just so anxious today.3 All right. Let's finish with4 this resolution, please.5 Councilman Jones, let's go on6 with Resolution 110853.7

Councilman Jones

I make a8 motion, Madam President, Resolution9 110835 be moved out of Committee with a10 favorable recommendation.11 (Duly seconded.)12

Council President Verna

It13 has been moved and seconded that14 Resolution 110853 be reported out of15 Committee with a favorable16 recommendation.17 All in favor will say aye.18 (Aye.)19

Council President Verna

Those20 opposed?21 (No response.)22

Council President Verna

The23 ayes have it and the motion carries.24 I'm sorry. You're absolutely25 187 12/7/11 - WHOLE - BILL 110835, ETC.1 right. We will go back to Bill No.2 110845.3 Councilman DiCicco.4 COUNCILMAN DiCICCO: Thank you,5 Madam President. I move that Bill No.6 110845 be reported out of this Committee7 with a favorable recommendation and that8 the rules of Council be suspended so as9 to permit first reading at our next10 regular session of City Council.11 (Duly seconded.)12

Council President Verna

It13 has been moved and seconded that Bill No.14 110845 be reported out of Committee with15 a favorable recommendation; further, that16 the rules of Council be suspended so as17 to permit first reading at our next18 session of Council.19 All in favor will say aye.20 (Aye.)21

Council President Verna

Those22 opposed?23 (No response.)24

Council President Verna

The25 188 12/7/11 - WHOLE - BILL 110835, ETC.1 ayes have it. The motion carries.2 The Chair recognizes Councilman3 Jones regarding Resolution 110854.4

Councilman Jones

Thank you,5 Madam President. I make a recommendation6 that Resolution 110854 be moved out of7 Council with a favorable recommendation,8 that the rules of Council -- I don't need9 to suspend the rules.10 (Duly seconded.)11

Council President Verna

It12 has been moved and seconded that13 Resolution No. 110854 be reported out of14 Committee with a favorable15 recommendation.16 All in favor will say aye.17 (Aye.)18

Council President Verna

Those19 opposed?20 (No response.)21

Council President Verna

The22 ayes have it and the motion carries.23 Again, the Chair recognizes24 Councilman Jones regarding Resolution25 189 12/7/11 - WHOLE - BILL 110835, ETC.1 110855.2

Councilman Jones

Thank you3 again, Madam President. I make a4 recommendation that Resolution 110855 be5 moved out of Committee with a favorable6 recommendation.7 (Duly seconded.)8

Council President Verna

It9 has been moved and seconded that10 Resolution 110855 be reported out of11 Committee with a favorable12 recommendation.13 All in favor will say aye.14 (Aye.)15

Council President Verna

Those16 opposed?17 (No response.)18

Council President Verna

The19 ayes have it. The motion carries. And20 that concludes our public meeting.21 Thank you all very much.22 (Committee of the Whole23 concluded at 1:20 p.m.)24 - - -25 190 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 December 7, 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