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Minutes

Committee Hearing, November 20, 2001

Philadelphia City Council Committee HearingsNov 20, 2001

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COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING AND PUBLIC MEETING BEFORE THE COUNCIL COMMITTEE ON RULES Room 400, City Hall Philadelphia, Pennsylvania Wednesday, 11/20/01, a.m. 6 BILL 000717 Ave. of Arts North Spec. Dist. Controls 7 BILL 010125 Held at request of sponsor BILL 010126 Held at request of sponsor 8 BILL 010181 Re Building Setback Lines BILL 010233 Held at request of sponsor 9 BILL 010424 Re Philadelphia Auto Mall BILL 010425 Re Special People in the NE Inc. 10 BILL 010524 Re G2 Industrial Districts BILL 010540 Zoning and Planning/Commercial Districts 11 BILL 010557 Held at request of sponsor BILL 010604 Held at request of sponsor BILL 010605 Re Articles of Incorporation/Manayunk (Full text of all bills attached hereto.) PRESENT: COUNCIL PRESIDENT VERNA, Chair COUNCILMAN JAMES F. KENNEY, Vice Chair COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK DICICCO COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 (215) 561-2220 11/20/01 STATED MEETING - INDEX WITNESS Bill 010524 Richard Lombardo, City Planning................. Kevin Mazzucola, Executive Director............. Auto Dealers Association BILL 010717 Richard Lombardo, City Planning................. Thomas Chapman, City Planning................... Timothy Lidiak, Deputy Director................. 35 Avenue of the Arts, Inc. Floyd W. Alston, Member, Board of Directors..... 37 Avenue of the Arts Thomas Anderson, Associate Vice President....... 39 Community Relations at Temple University BILL 010181 Richard Lombardo, City Planning................. 45 BILL 010425 Falasade Olanipekun, Treasurer.................. 49 Donald Cramp, SPIN.............................. 51 David LeCino, SPIN.............................. 52 BILL 010540 Richard Lombardo, City Planning................. 53 Duane Perry, Executive Director................. 56 Farmers Market Trust BILL 010605 Duane Bumb, Deputy Commerce Director............ 64 Kay Smith, Executive Director................... 65 Manayunk Special Services District 3 11/20/01 RULES - BILL 010524

Council President Verna

Good morning, everyone. I apologize for the delay. I understand some of our witnesses were caught in traffic and asked if we could delay the hearing until they arrived. This is the Committee on Rules. I would ask the clerk to please read the title of Bill No. 9 010524.

The Clerk

An ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by amending Section 14-511, entitled "Industrial District Rules and Exceptions," by permitting certain additional uses in G-2 industrial districts located generally within the area commonly known as the "Philadelphia Auto Mall," bounded by 63rd Street, Passyunk Avenue Essington Avenue, Bartram Avenue, Island Avenue, and Lindbergh Boulevard, all under certain terms and conditions. (Witnesses come forward.)

Council President Verna

Good morning. Kindly identify yourself for the record and proceed with your testimony.

Mr. Lombardo

Good morning, Madam 4 11/20/01 RULES - BILL 010524 President and members of the Rules Committee. My name's Richard Lombardo, Deputy Executive Director of the City Planning Commission. I'm here today to testify on Bill No. 010524. This bill was introduced by Councilmember Blackwell for the Council President on September 6, 2001. This bill amends the zoning code by permitting certain additional uses in properties zoned G-2 Industrial in the area of the City commonly known as "the Auto Mall," which is bounded by 63rd Street, Passyunk Avenue, Essington Avenue, Bartram Avenue, Island Avenue, and Lindbergh Boulevard. These uses that would be permitted in this portion of the City known as "the Auto Mall" would be auto body, fender work, and painting automobile service station, automobile repairs, car washing establishments, public or private garages as a main use, public or private parking lots as a main use, automobile sales lots/showroom, and car rental. Bill No. 010338, which was enacted on June 14, 2001, has removed these uses as permitted uses in the G-2 classification. Considering the mixed-commercial and 5 11/20/01 RULES - BILL 010524 industrial nature of the Auto Mall area and all of the automobile-related businesses existing in the area, it is appropriate that these uses be permitted as a matter of right in the Auto Mall. The Planning Commission, at its meeting of September 20, 2001, recommended that Bill No. 8 010524 be approved. I would be happy to answer any questions.

Council President Verna

Thank you. Is there a need for the suspension of the rules on this bill?

Mr. Lombardo

We're not the sponsors of the bill; I don't know if there is a request.

Council President Verna

Okay. Are there any questions from members of the committee? (No questions.)

Council President Verna

Thank you, gentlemen. Our next witness?

The Clerk

Kevin Mazzucola. (Witness comes forward.)

Council President Verna

Good morning.

Mr. Mazzucola

Good morning. How are 6 11/20/01 RULES - BILL 010524 you. President Verna and members of City Council, good morning. My name is Kevin Mazzucola, and I'm the Executive Director of the Auto Dealers Association. We represent all the new-car and truck franchise dealers, not only in Philadelphia County but also the counties that surround it. We have 230 dealer members throughout this area. And we're here to testify in support of Bill 524. Our association is probably best known for the Philadelphia International Auto Show, which drew about 210,000 visitors last year and generates about $600,000 for the Philadelphia Convention Center. Through that, we support and help train people in the City and the other outlying areas regarding education, whether it's new-car sales, technicians, and that kind of training. In addition, we also have the Black Tie Tailgate Gala and generate funds for Children's Hospital to the tune of about $2 million over the last 10, 12 years. Regarding Bill 524, a little bit more about our members. We have 2700 workers that are working within the Philadelphia County at our 7 11/20/01 RULES - BILL 010524 dealerships, close to a billion dollars in gross sales, and about $10 million in wage, property, sales, and taxes -- and business taxes. The 28 locations that are now currently in the City is down from the amount of dealers that we've in the past. Fifteen years ago, we had 40 members in Philadelphia County. The decline can be somewhat attributed to the loss of population moving out into the suburban areas, but also the fact that the taxes in Philadelphia County have been problematic in times. In the past when we've brought our concerns to City Council, this body has responded, and because they responded, our industry has a strong presence, as you see today, in Philadelphia County. Over the last dozen years, you rejected proposed increases in wage tax and, in fact, began reducing that tax. You reduced City business taxes on retailers who operate on thin margins, as we do, and you supported exemptions from the local sales tax of automobiles purchased by customers from outside the City. While the dealers still face as higher taxes than ones in the suburbs, the difference has been narrowed to a great degree. 8 11/20/01 RULES - BILL 010524 Today we need your help again. Over the last six months, largely in response to concerns not generated by our members, the City has prohibited new-car dealerships in areas that were formerly and has made it more difficult for dealers in these areas to expand their facilities. I think you can recognize new-car dealerships are multimillion dollar investments, with heavy requirements from the manufacturers in order to be able to sell their products in communities all over the country. Although it's possible and maybe unlikely that most of the land affected by the recent legislation will never be solved by new-car dealers, putting an off-limits sign through much of the City weakens the positive message that you've been sending over the years to our particular industry. Bill 525 -- or excuse me, 524 goes a long way to address our concerns. Ten of the twelve new-car locations in the City now zoned G-2 are in the Philadelphia Auto Mall. This legislation will restore to those dealers those same rights they had six month ago to expand their facilities without 9 11/20/01 RULES - BILL 010524 seeking a zoning variance. I again want to thank President Verna for responding so quickly to our concerns and issues and for her strong support for the automobile dealers and, indeed, all of our members over the many years. Similarly, I want to thank Councilman Brian O'Neill regarding Bill 368 that was recalled and that we'll be talking about in a couple weeks regarding a similar issue that we have a concern over; and Councilman Clarke regarding a bill you'll be hearing today regarding concerns we have from the new-car and truck franchise dealers.

Mr. Mazzucola

In the long run, members of City Council, our association wants to work with you and your colleagues and with Mayor Street to develop a more comprehensive approach to zoning that alleviates our concerns and the legitimate concerns of your constituents. We also expect the Commerce Department and the City Planning Commission will be involved in this effort (indiscernible) and amending and passing this legislation and amending 368 and 717 and protects our dealers in today's locations, the City has made it more difficult for the dealers and new-car dealers to make investments 10 11/20/01 RULES - BILL 010524 elsewhere in the City and for dealers from outside the City to open new stores within the City boundaries while we can come back to you with proposals that address our concerns and yours in a fair and thoughtful manner. In the meantime, on behalf of our members and specifically the Auto Mall, I want to thank you for your attention and for your support of Bill 10 524.

Council President Verna

Thank you very much. I appreciate your coming in to testify on this bill. Mr. McLaughlin, is there anything you would like to add?

Mr. Mclaughlin

Not at this time. If there are any questions, we'd be happy to answer them.

Council President Verna

Thank you. Does anyone have any questions on this? (No questions.)

Council President Verna

I think it's been made very clear that up until about six or seven months ago, under G-2, we were able to have the uses that we're presently incorporating in this 11 11/20/01 RULES - BILL 010524 bill, and I guess that was an oversight on some of our parts as far as the Auto Mall is concerned. Okay, any questions? (No questions.)

Council President Verna

Thank you very much.

Mr. Mazzucola

Thank you.

Council President Verna

Our next witness is Carl Primavera. Is he here? (Mr. Primavera not present at this time.)

Council President Verna

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

Council President Verna

Seeing none, our next bill is 010717.

The Clerk

An ordinance amending Title 14 of the Philadelphia Code relating to zoning and planning by amending Chapter 14-1600, entitled "Miscellaneous," by adding a new Chapter 1416-20, entitled "Avenue of the Arts North Special District Controls," under certain terms and conditions. (Witnesses come forward.)

Mr. Lombardo

Good morning, Madam 12 11/20/01 RULES - BILL 010717 President and members of the Rules Committee. My name is Richard Lombardo and I'm the Deputy Executive Director of the Philadelphia City Planning Commission. I'm here today to testify on Bill No. 717. Bill No. 717 was introduced by Councilmembers Clarke and DiCicco on November 16, 2000. This bill amends the zoning code by adding a new section known as 14-1620, entitled "Avenue of the Arts North Special District Controls" to the zoning code. This new section of the zoning code would establish certain uses in zoning controls for commercially zoned properties fronting on Broad Street between John F. Kennedy Boulevard and Cambria Street. The following uses would be prohibited within this overlay: Automobile repair shops, service station, installation of automobile parts, sales of automobile parts, automobile sales lot, drive-through restaurant, beer distributors, sale of malt beverage as an accessory use, regulated uses. The following zoning controls would also be established within this overlay: Newly erected 13 11/20/01 RULES - BILL 010717 buildings would be required to be constructed to the street line on Broad Street; that means that you would not be able to have a setback between the building and the Broad Street sidewalk; newly erected buildings would be required to be constructed to a minimum height of feet; parking 8 would be prohibited between the building line and 9 the street line on Broad Street. 10 The Planning Commission, at its meeting of 11 November 15, 2001, recommended that Bill No. 717 be 12 approved. 13 Parenthetically, I just want to add, this 14 is another zoning overlay, and the Planning 15 Commission asked us at this hearing to raise the 16 issue of the number of overlays that are being 17 added to the code and the sort of confusion they're 18 creating in people sort of navigating their way 19 through the code. In a separate issue not having 20 to do with overlays, we've been asked by a number 21 of quarters, including the Mayor's Office as well 22 as the Bar Association, to look at this whole issue 23 of the code getting so Byzantine, so confusing that 24 only a handful of people can navigate their way 25 through the code. 14 11/20/01 RULES - BILL 010717 And one of the goals we've established at the Planning Commission is to try take a fresh look at the code and write it in such a way -- or rewrite it in such a way that an average citizen can pick up the zoning code and understand what they have to do or what they can and can't do in terms of getting permits to approve their home or to just use their property in a legal manner. This has nothing to do with this bill, it's not a negative comment on this bill; it's just sort of comment they asked me to make so that the Council knows, as well as others, that we are looking at this issue about the code becoming so confusing and difficult to navigate. I'd be happy to answer any questions.

Councilman Kenney

Councilman DiCicco or Clarke, do you have any questions? Councilmember DiCicco.

Councilman Dicicco

Thank you. I appreciate your comments. Do you have any recommendations? I mean, you know, we get to this point because, apparently, whatever is in the code is not adequately able to address the problems that the community and the 15 11/20/01 RULES - BILL 010717 business districts would like to have addressed, so we're kind of forced to get to this point.

Mr. Lombardo

I understand that. I think one of the things -- if you look at the overlay -- if you even look at the one before us today, they're generally the same uses. And the problem is not necessarily -- well, let's just look at the auto uses. When you talk to people, you know, the problem with the auto uses are not the new-car dealerships, not even the reputable businessman; it's the businesses that don't have adequate places -- the auto repair businesses that don't have adequate places to store their cars, it's the people that do auto body work and painting without the proper ventilation systems. It's cooking odors for restaurants, it's -- So actually, what we would suggest, or what we're beginning to look at is impact requirements, rather than just saying the whole use is no good but that certain aspects of the use may require some action like a zoning variance or like a zoning special permit that would only ascertain that you have proper storage for your cars or you have proper noise abatement or you have proper 16 11/20/01 RULES - BILL 010717 odors abatement or fuel abatement to deal with what appears to be the real neighborhood problem with the uses.

Councilman Dicicco

Yeah, I mean, my question is, I agree with you, I mean, that's what we're attempting to do here. But how do you accomplish that where you get the abandoned gas station that is converted into a used-car lot when you don't have an overlay? because basically, they're permitted. In many instances, they would be permitted to open up used-car lot although there are certain maybe other restrictions we can place on that.

Mr. Lombardo

Yeah, I'm not suggesting that we would go back into the code and now say that all used-car lots are now permitted as a matter of right. I'm not saying that some of the uses may be appropriately -- are not appropriate any longer for neighborhood commercial areas. I mean, first thing is to look at -- most of these uses were put in the code in the 1930s, and we live in a different time. And there are lots of uses that we have today that are nowhere to be found in the code, like video rentals or 17 11/20/01 RULES - BILL 010717 computer stores or -- yeah, there are -- there is a time to look at the whole sort of -- not only look at the code to make it more user-friendly but look at the impacts of the uses and are they today appropriate today to be in a neighborhood setting. And maybe one of the answers to your question is that a used-car lot is no longer appropriate for the corner of a residential or even a neighborhood commercial strip, and maybe that's the way you deal with an issue like that.

Councilman Dicicco

Well, your point about creating a system where people could basically walk through the process or the procedures to get from point A to point B are well taken, and I appreciate that. I know myself and Councilman Kenney and Senator Fumo put money in to develop a similar type of brochure or pamphlet.

Councilman Kenney

Don't bring him up, Frank, please.

Councilman Dicicco

Pardon me?

Councilman Kenney

Don't bring him up, please. You don't want to bring him up.

Councilman Dicicco

Okay, I won't bring Senator Fumo up anymore. 18 11/20/01 RULES - BILL 010717

Councilman Kenney

Good. Just call him "Mr. X."

Councilman Dicicco

Mr. X, Mr. X. And we work with the Foundation for Architecture and the Department of Licenses and Inspections to produce a pamphlet or a brochure so that people can know what they need to do if you own a home and you want to do so something with that home, what you can do over the counter, what you would need a variance for. It's a step-by-step process. So I guess my question to you is maybe that's something we should be looking at doing in terms of the other things that we need to address, and maybe the Planning Commission would be willing to either put some money into it. Of course, "Mr. X," I am certain, will not put any more money into the City until things start to change around here.

Mr. Lombardo

We have been doing that. As a matter fact, we have been walking around an ordinance that we drafted that would take most all the yard requirements -- all of the setbacks and heights -- and putting it into a chart. So instead 19 11/20/01 RULES - BILL 010717 of having to thumb through a hundred pages of text to find out how big of a setback or how big of a rear yard you need to have, it would appear in the chart. And this would make the code easier to understand and it would also eliminate about a hundred pages of text. We've prepared that draft and --

Councilman Dicicco

That's what we need to do, eliminate a hundred pages so somebody can figure how to get from A to B, take out a hundred pages.

Mr. Lombardo

We're in the process of talking to folks about that. We hope that in the next month or two to be coming back to Council for introduction to that particular piece of legislation.

Councilman Dicicco

Thank you.

Councilman Kenney

I have a general question about overlays. Are you familiar with suburban zoning issues and zoning codes? Since it's surrounding Philadelphia, perhaps you've had some ability to look at what they do in the suburbs and --

Mr. Lombardo

Somewhat 20 11/20/01 RULES - BILL 010717

Councilman Kenney

-- and New Jersey relative to zoning controls and zoning overlays. Could you tell me whether in your opinion suburbs and New Jersey, from your knowledge, are either more restrictive or more difficult? How does it compare to what Philadelphia does?

Mr. Lombardo

I mean, some of 'em have actually literally just lifted some of the things we've done and just lifted them into their zoning codes. There's some instances of suburban communities having exactly some of the same style or same types of requirements. But some of them use what I was referring to as -- what we call "performance standards," where it's not just a particular use that's prohibited, but aspects of the use have to meet some performance standards, whether it be screening or distances from residences or, you know, proper ventilation or noise control or that type of thing, things we don't do in Philadelphia.

Councilman Kenney

Are you aware of whether or not the suburbs and New Jersey, our primary regional competitors, use this tool of overlay as a way to deal with zoning issues on 21 11/20/01 RULES - BILL 010717 development and other kinds of things?

Mr. Lombardo

I couldn't answer that question. I don't know what every, you know, community in New Jersey does.

Councilman Kenney

The ones you are -- in the communities you're familiar with, does -- is the tool of overlay used, to your knowledge?

Mr. Lombardo

I don't think it's used as extensively as we use it. I mean, when we started using it, the idea was that we were using it as an -- in areas where the City had an investment to protect. Like the first overlay was the Center City commercial area -- the Chestnut Street Transit Way. Subsequent ones were done in some of the -- the Manayunk Historic District or were done where we had the, you know -- I'm sorry, I can't think of the word -- something like the Center City District areas where we had other special controls in order to protect the City's investment. Now they really have sort of just become every time, you know, a community has a zoning meeting and they bring in their District Councilperson and they know that somebody else added an overlay, they want an overlay. I think we 22 11/20/01 RULES - BILL 010717 use it --

Councilman Kenney

Well, is that a good thing or a bad thing?

Mr. Lombardo

I think it's probably good. If you're a community person, in a way it makes you feel that you've gotten additional protections into your community.

Councilman Kenney

But basically --

Mr. Lombardo

The other side, as someone said, it is a barrier. You know, you have to talk to the Realtors, but my sense is that when someone walks into a commercial area and finds out that they have to go to the Zoning Board, even if it's just for a certificate for what they want to do, it makes that property harder to reuse.

Councilman Kenney

How does that compare to the suburbs? Don't people have to go to the Zoning Board for similar development proposals? And how easy or hard or more difficult of an obstacle are the zoning boards in Delaware County, Montgomery County, Chester County, Bucks County compared to Philadelphia? I mean, we hear all the time from commercial developers that somehow or another, 23 11/20/01 RULES - BILL 010717 going into the community, explaining what it is they want to do, having a give-and-take back and forth as to what the community's needs and concerns are, what they're willing to do in order to accommodate community issues is somehow this onerous burden that's not borne in the suburbs, when, it's my anecdotal information, that it's just as difficult in the suburbs to get through some of these zoning processes as it is in the City of Philadelphia; maybe in some areas, harder.

Mr. Chapman

Mr. Kenney, I was just going to comment --

Councilman Kenney

Please identify yourself for the record first.

Mr. Chapman

Sorry. Thomas Chapman, Director of Planning for the City of Philadelphia Planning Commission. My experience in dealing with suburban -- at least suburban Pennsylvania -- communities is that there are many more -- more often, there are stricter landscaping requirements, there's more often design review, they're tighter with sign controls. And I have heard horror stories from many attorneys that I know about Zoning Board 24 11/20/01 RULES - BILL 010717 hearings going on into, you know, late hours of the evening and continued over and over again. I understand that in many of the communities in the suburbs that it is more difficult to obtain a variance.

Councilman Kenney

See, because people would have you believe that here in Philadelphia that somehow the use of overlays has been this onerous burden on developers that they don't bear in the suburbs and that somehow -- and even organizations like the Chamber of Commerce and some of our other advocacy organizations in the City argue that somehow there's this unbelievable disparity of ability to develop in the City as opposed to the suburbs based to this intermeddling of community groups and elected officials, and God forbid, we'll never be able to compete with the suburbs. But from what you're telling me from your experience, at least anecdotally from attorneys that you deal with, is that the suburbs can be as much or more of a nightmare for developers as the City is.

Mr. Chapman

Yeah, I would agree with 25 11/20/01 RULES - BILL 010717 that. The other thing that I would say, though, is that as far as the use of overlays in the suburbs, I'm not so sure that there is an extensive use of overlays. I think that their underlying zoning controls are more strict than ours in many cases.

Councilman Kenney

So they're just strict from the get-go.

Mr. Chapman

Yes, yes.

Councilman Kenney

And part of the problem that we face -- and this is what Mr. Lombardo talked about was that our code is so old --

Mr. Chapman

Yes, yes.

Councilman Kenney

-- that the overlay situation winds up being a tool of best use because you have a G-2 industrial property zoned for G-2 use right in the middle of a neighborhood shopping strip. So in order to deal used with the problems that came about as a result of the way neighborhoods were used in the '20s, '30s, and '40s, overlay seems to be the way to go, at least the most effective way for communities and elected 11/20/01 RULES - BILL 010717 officials to have some control over who and what develops in their communities. And I guess what you're saying -- if I'm reading something different into your thoughts, please correct me, but the suburbs started out with a more strict zoning code to begin with, so that the developers have to go through the same hoops that they would on a zoning overlay. So any argument that zoning is overlays somehow is this insidious obstacle to development within the City is somewhat specious, from my perspective.

Mr. Lombardo

Yeah, I didn't want you to -- I don't want to be unclear about this. We are not saying that that's necessary. What the suburbs have to do is, like, convoluted; they have strict setbacks, strict signage control, landscaping, screening for --

Councilman Kenney

But they have a desire to control the development in their communities for the good of their development and the good of their residents.

Mr. Lombardo

Right, right.

Councilman Kenney

That seems to be what government kind of is supposed to do. 27 11/20/01 RULES - BILL 010717

Mr. Lombardo

That's right. And we're saying we should be doing the same type of things, not -- although the only thing I can say is what they don't do is what we do is we make the use itself a variance, and that, for some -- if you're sitting outside the City, that's a legal process, and some people just don't want to get involved in the --

Councilman Kenney

So is getting a TIF. They're all legal processes, but --

Mr. Lombardo

Well, we view it differently in Philadelphia. We look at the Zoning Board variances, the public hearing (indiscernible) a variance. A lot of other municipalities, the board grants them maybe, you know, less than half of the variances requested and --

Councilman Kenney

So this myth that the Wall of China here being erected around the City is just that, a myth; and it's just as hard in the suburbs as it is in the City, sometimes harder.

Mr. Lombardo

My experience has been that it's not -- it doesn't ring true, it's just a complaint that people have.

Councilman Kenney

Maybe one of the 28 11/20/01 RULES - BILL 010717 obstacles here may be the cost of constructing the development as opposed in to the suburbs, but that's another story. Thank you.

Mr. Lombardo

Thank you.

Councilman Kenney

Are there any other questions for these witnesses?

Mr. Lombardo

I understand there may be a request from the -- one of the things, as I say, this bill does is, it makes automobile sales-lots a variance, and there may be a request to amend this bill to make a distinction between used-car sales and automobile-sales lots or part of a franchise new-car dealership, and I just want to say, you know, we stand ready either way the committee may want to go if you decide to do it. We can do it now or prepare it and give it to you at some later date if you're going to hold the bill today. I don't know what your choice is going to be.

Council President Verna

Are the sponsors of the bill here?

Councilman Clarke

Thank you, Madam Chair. Yeah, we're actually going to go ahead 29 11/20/01 RULES - BILL 010717 with the one amendment on the issue with respects to car dealerships. The intention of the bill mas it relates to that specific part of the ordinance, was to stop the proliferation of used-car dealers. As referenced before, when a guy takes a vacant lot and throws up a bunch of flags and parks a bunch of used vehicles and chalks them up, so we in no way want to prohibit or limit any franchise operator's ability to locate on North Broad Street. In addition, I just wanted to kind of give some background on why it is we felt this bill was necessary. It was two things in mind. One, obviously is the designation of the Avenue of the Arts North. As a result of funding from the State, I understand that "Mr. X" actually had something to do with some of that, and we appreciate that, and some financing that from the City's Capital Programs Office. We were able to put together approximately 13, $14 million to do a streetscape and to hopefully not necessarily duplicate what's on the Avenue of the Arts South, but to also bring it up to a level that would be comparable. One of the concerns that we've had is the proliferation of what we believe are uses that are 30 11/20/01 RULES - BILL 010717 not conducive to creating a first-class corridor. We recently, last year, had a zoning fight between the community and a gas station, a Amoco gast station, and we lost that fight because it was zoned for that use a block away. Amoco also had a gas station and may now close that gas station that the City boarded up, and I expect at any point in time for it to turn into one of these used-car operations. Additionally, there's a substantial amount of fast food and just a whole lot of inappropriate uses along the corridor. So we believe in order for to us achieve goal our goal of having a first-class Avenue of the Arts North corridor, we need to have some limits of controls, and that's what we asked the Planning Commission to do, draft this particular ordinance. We will have several people from the community, both on the business and residential side, who will testify in support of the bill today.

Council President Verna

Is the amendment prepared, or are you willing to wait for the preparation of the amendment?

Councilman Clarke

We actually have asked that the Planning Commission read the amendment 31 11/20/01 RULES - BILL 010717 into the record.

Mr. Lombardo

Okay. Yeah, and I'll get this. I just jotted it down, I don't have a -- we don't have a prepared amendment, but we can have one for you by the end of this hearing.

Council President Verna

Before the end of what?

Mr. Lombardo

Before the end of the hearings. Okay, what we've been asked to do is look at -- on Bill 717, subsection 2, which appears on -- I'm sorry, subsection 3, which appears on , prohibited uses C. Currently it's worded "automobile sales lots;" and we would -- it would be amended to say: "Automobile sales lots, except as part of a franchise new-car sales facility;" and that would be the only amendment. And that would at least clarify that this car lot would not affect an existing --

Council President Verna

Would you mind repeating that, please. Except as part of --

Mr. Lombardo

Remove the semicolon. "Except as part of a franchise new-car sales facility;" 32 11/20/01 RULES - BILL 010717 COUNCIL PRESENT VERNA: Thank you.

Mr. Lombardo

And I'll get this printed up and get it to you before the hearing ends.

Councilman Clarke

Can I ask, before the hearing's over, if the gentlemen from the dealership franchise operators can clarify what that designation means as it relates to car dealerships? 'cause I'm sure some of these folks who have some of these facilities believe they are franchises. I just want some clarity on what the specifics of a franchise dealership is. (Witnesses come forward.)

Council President Verna

Mr. Mazzucola, I would again ask you to identify yourself for the record.

Mr. Mazzucola

Kevin Mazzucola, the Executive Director of the Auto Dealers Association of Greater Philadelphia. Councilman, the way it works is that a dealer or a prospective business owner goes to the manufacturer, and through negotiations and through contractual agreements, has that franchise agreement to sell that particular make or model, whether is a Hyundai, Accura, Infinity, whatever 33 11/20/01 RULES - BILL 010717 the case may be. And there are requirements set forth between that manufacturer and that business person to qualify as a franchised new-car dealer. It's my understanding that a used-car deal would, by definition, not have that.

Councilman Clarke

Okay. Are there certain controls associated with the franchise dealers as it relates to design?

Mr. Mazzucola

Correct. It has to be of the caliber that the manufacturer is looking for to represent their particular products. For instance, Chevrolet all over the country wants a certain look that they want the Chevrolet dealers to look like and some parameters that they must meet minimally to have a Chevrolet franchise. And those franchise agreements come up periodically, whether it's a two-year agreement, a three-year agreement, a five-year agreement, and they are assessed in that qualification. Another example would be a Ford Blue Oval Program, which you may have seen touted in commercials in the Blue Oval dealers. Well, part of that process in Blue Oval is to meet even more stricter standards than even other Ford dealers to 34 11/20/01 RULES - BILL 010717 get that designation as Blue Oval. So that's how the process works regarding the facility, the business owner, and the franchiser, which is the manufacturer.

Councilman Clarke

And I can count on you as the Executive Director of the Automobile Dealerships Association in the event that there is a request to locate a new-car dealership franchise on the Avenue of the Arts North. We will be notified and we will be able to have a discussion about the esthetics and the operation of that facility.

Mr. Mazzucola

Well, certainly, when those franchises are looked at being put in, that would be a part of the process. We certainly want to work with the community and I'm sure the business person is going to want to work with the community. And what I understand -- I can't speak for all communities in the country, but the parameters that the manufacturers set with that business person, in every case I can see, are more stringent than what they see as far as local ordinances in their communities.

Councilman Clarke

Okay, thank you. 35 11/20/01 RULES - BILL 010717

Mr. Mazzucola

Thank you.

Councilman Clarke

Thank you, Madam President.

President Verna

Thank you. Are there any other questions from other members of the committee? (No further questions.)

Council President Verna

Thank you very much. Do we have anyone else to testify on this bill? Please approach the witness table, identify yourself for the record, and proceed with your testimony. (Witnesses come forward.)

Council President Verna

Good morning.

Mr. Lidiak

Good morning, Madam Chairman and members of the committee. My name is Timothy Lidiak, and I'm the Deputy Director of the Avenue of the Arts, Inc. We are the private-sector nonprofit agency that was set up in 1993 to oversee both the planning and the development of South and North Broad Streets into a world-class performing arts and entertainment district. Our mission also involves safeguarding the well-being of the 36 11/20/01 RULES - BILL 010717 cultural district. I'm here to testify in support of Bill No. 4 717. This bill, by prohibiting a variety of uses, and including new development controls, will further deter -- will deter the further erosion of North Broad Street's distinct historic and urban character. We believe that it is precisely this uniqueness of place that will continue over time to attract investment related to culture and entertainment. By supporting this bill, Council also prevent North Broad Street from becoming just another nondescript urban non-place that is a corridor lined with strip malls, parking lots, and fast-food restaurants. I wish to point out that the timing for this bill could not have been better, as the City Planning Commission is putting the final touches on a new development blueprint for North Broad Street and as the Streets Department plans to break ground -- hopefully in the springtime -- on a major streetscape project that will greatly enhance the environment. And, finally, with over $740 million in 37 11/20/01 RULES - BILL 010717 public and private investment in projects that are either completed or underway, the renaissance of North Broad Street is about to begin. Two years ago, Council passed a similar zoning bill for South Broad Street, and I ask this committee to do the same for North Broad Street. Thank you.

Council President Verna

Thank you. Good morning.

Mr. Alston

Good morning, President Verna and members of City Council. My name is Floyd W. Alston. I thank you for this opportunity to testify in favor of Bill No. 717. As a member of the board of directors of Avenue of the Arts and President and CEO of Beech Interplex, Inc., I am especially interested in and involved with the development and the improvement of North Broad Street. This major corridor, which runs approximately three miles from downtown Philadelphia to North Philadelphia Station, has for too long been allowed to deteriorate. Therefore, the communities which flank both sides have had to live with the loss of viable residences and 38 11/20/01 RULES - BILL 010717 businesses on a main thoroughfare dissecting their neighborhood. Long-term neglect and lack of positive zoning and planning has accelerated the deterioration to the point where very little but marginal and substandard housing and commercial establishments remain. This bill is especially timely and important because we are beginning to see the reemergence of interest in the renewal of this North Philadelphia corridor. From one end to the other, we are beginning to see new planned commercial development such as the expansion of the Pennsylvania Academy of Fine Arts, the potential expansion of the Convention Center, the construction of Benjamin Franklin High School, the renewal of the Blue Horizon, the restoration of Freedom Theater, and anticipated construction of the Jump Street Complex, as well as the Liacouras Center, as well as the rehabilitation of the North Philadelphia train station. These are only highlights of a myriad of renewed restored buildings and institutions emerging on North Broad Street. It is critical to the continuing 39 11/20/01 RULES - BILL 010717 redevelopment of this corridor that its improvement be managed in such a way that negative activities and facilities not be allowed to mar its positive program. We see Bill No. 717 as an important strategy to ensure the success of the Avenue of the Arts future development. Thank you for your support.

Council President Verna

Thank you. Good morning, sir.

Mr. Anderson

Good morning. My name is Thomas Anderson, Jr. and I'm the Associate Vice President for Community Relations at Temple University. Council President Verna and members of the Rules Committee, ladies and gentlemen, good morning. I'd like to thank you for the opportunity to appear before you today as a representative of Temple University to present testimony in support of Bill 717 cosponsored by Councilmembers Clarke and DiCicco. As you know, this bill will amend Title 14 of the Philadelphia Code to create a zoning overlay along the Avenue of the Arts North, Broad Street from JFK Boulevard north to Cambria Street. 40 11/20/01 RULES - BILL 010717 Provided that Bill 717 is amended by City Council to exempt the institutional development district from its provisions, Temple University is supportive of this legislation. If the Avenue of the Arts North has any chance of growing as an economic engine and cultural destination, greater zoning control over the use of the properties lining North Broad Street is imperative. We do not need more fast-food restaurants or stores selling malt liquor on Broad Street. As one of the anchors of the Avenue of the Arts North, Temple University has a vested interest in creating an environment of redevelopment and growth. Temple's Rock Hall, the Liacouras Center, Thomason Theater, the Annenberg Theater brings tens of thousands of visitors to our campus in North Philadelphia each year. Temple's College of Music and our School of Communications and Theater, both located within a stone's throw of the Avenue of the Arts North, house nationally-ranked arts programs. If we are successful in our efforts to relocates our Tyler School of Art from Elkins Park to our main campus, Temple University will add a third nationally-ranked arts program to the North 41 11/20/01 RULES - BILL 010717 Philadelphia street corridor. Coupled with the wonderful rehabilitation of Freedom Theater to the our immediate south and the potential development of the Uptown Theater to our immediate north, the Avenue of the Arts has the potential to grow in a scale to begin to match the South Street counterpart. As part of the Institutional Development District, we believe that there are already significant zoning protections in place against the types of development uses that Bill 717 would prohibit. As such, we respectfully submit that the bill be amended to specifically exclude the Institutional Development District at Temple University. Again, I want to thank you for the opportunity to testify. Any questions?

Council President Verna

Thank you very much. Are there any questions or comments? The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you very much. With the exception of Mr. Anderson's caveat on the institutional district, the individuals from the Avenue of the Arts North, do 42 11/20/01 RULES - BILL 010717 you believe that this zoning overlay will in any way prohibit or hamper your ability to attract retail development, other types of development that would be approved by and acceptable to the board of the Avenue of the Arts North? I mean, do you think that this is something that's onerous and an obstacle to development along the Avenue of the Arts in North Philadelphia?

Mr. Alston

I appreciate the question. On the contrary; I believe that the future developers and private money coming into Philadelphia will see this as a positive as opposed to a negative, because it provides controls and uniformity in development so that your investment is protected.

Councilman Kenney

So you view this as help as opposed to a hindrance.

Mr. Alston

Yes, I do.

Councilman Kenney

Thank you very much.

Council President Verna

Thank you. Any other questions or comments from members of the committee of these members? (No response.)

Council President Verna

Thank you very 43 11/20/01 RULES - BILL 010125 much sir. Are there any other witnesses to testify on this bill? (No response.)

Council President Verna

Seeing none, I would ask that Bill No. 010125 be read.

The Clerk

An ordinance amending Title 9 of the Philadelphia Code, entitled "Zoning and 10 Planning," by amending Chapter 14-1600, entitled 11 "Miscellaneous," by adding a new Section 14-1621, 12 entitled "Passyunk Avenue Special District 13 Controls," under certain terms and conditions. 14

Council President Verna

Councilman DiCicco, is it your desire to hold this bill?

Councilman Dicicco

Yes, Madam President.

Council President Verna

So we don't need testimony this morning?

Councilman Dicicco

We don't need testimony.

Council President Verna

Thank you. The clerk will please read the title of Bill No. 010126.

The Clerk

An ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and 44 11/20/01 RULES - BILL 010126 Planning," by amending Section 14-1610, entitled "Old City Residential Area Special District Controls," by providing fortune teller establishments and tattoo and body-piercing establishments as prohibited uses within the district, all under certain terms and conditions.

Council President Verna

Councilman DiCicco?

Councilman Dicicco

That's being held, Madam Chair.

Council President Verna

Thank you. The next bill to be called for consideration is Bill No. 010181. Will the clerk please read the title of the bill.

The Clerk

An ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-1500, entitled "Areas Surrounding Airports," by adding a new Section 14-1503, entitled "Building Setback Lines," under certain terms and conditions

Council President Verna

Councilman O'Neill, is this to be considered also with Bill 24 No. 010425? I was told you wanted both of them to be heard at the same time. 45 11/20/01 RULES - BILL 010181

Councilman O'Neill

No. 3

Council President Verna

No? Okay. What is your desire on Bill No. 010181?

Councilman O'Neill

I have an amendment and then I'd like to report it out.

Council President Verna

Okay, fine.

Mr. Lombardo

Good morning, Madam President and members of the Rules Committee. My name is Richard Lombardo, Deputy Executive Director of the Philadelphia City Planning Commission, and I'm here to testify today on Bill No. 010181, which was introduced by Councilman O'Neill on March 22, 2001. This bill amends the zoning code by establishing a 250-foot setback line along the south side of Comley Road between Decatur and Norcome Road. The new Flyers skate zone is located in this block of Comley Road. This stretch of Comley Road is a directly across the street from a recreational use and residentially zoned homes. In the block immediately to the east of Decatur Road along Academy Road, an approximately 250-foot setback line already exists due to the fact that this ground is controlled by Fairmount Park. I 46 11/20/01 RULES - BILL 010181 understand that this setback is being created to be consistent with that 250-foot setback of the park, and also, it was a part of an agreement between the Flyers skate zone and the community skate zone was proposed before the Zoning Board. The Planning Commission, at its meeting of November 15, 2001, recommended that Bill No. 010181 be approved. I would be happy to answer any questions you have on this bill.

Council President Verna

Thank you. Any questions from members of the committee? The Chair recognizes Councilman O'Neill.

Councilman O'Neill

I'd just like to state for the record, before I introduce the amendment, that the Washington Savings Bank is negotiating right now with the airport to move their headquarters to a location that would be affected by the setback, and they're in agreement that they can live with the setback, and they're working with the community to find compromises and some negotiation on the zoning that they need in this area. But it will be a win/win because their 47 11/20/01 RULES - BILL 010181 chief competitor is in Huntington Valley now even though they both started in Port Richmond. The Law Department sent me what is really a technical form amendment to make sure that this language conforms with other parts of the code. And the amendments are as follows, and I've got a copy to hand to everyone on the committee. The second line under Section 1, the seconds line, strike setback restrictions in quotes and add in quotes building setback line in its place. And then further down in Section 14-1503, under building setback line, the language 250 feet is stricken. And then later on in that sentence, after the word "line," there's an insertion of the wording of a minimum of 250 feet shall be maintained along the south side of Comley Road between Decatur Road. Then striking the word "add," which, I think, is just a typo and putting in the word "and." And that would be it. They're very technical. And the minimum of 250 is just so no 24 one would think they couldn't set it back any further if they wanted to. In fact, the bank, I 48 11/20/01 RULES - BILL 010181 think, will be a little bit further back.

Council President Verna

Okay, thank you. Any questions or comments from members of the committee? (No questions.)

Council President Verna

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

Council President Verna

Seeing none, the next bill for consideration is Bill No. 010233, which is an ordinance amending Title 14 of the Philadelphia Code relating to zoning and planning by amending Chapter 14 --

Councilman Dicicco

Madam Chair, that's being held also.

Council President Verna

Okay, Bill No. 20 010233 is being held at the requests of the sponsor. The next bill to be called for consideration is Bill No. 010424.

Councilman Dicicco

That's being held also, Madam Chair. 49 11/20/01 RULES - BILL 010425

Council President Verna

This bill is also being held at the request of the sponsors.

Council President Verna

Okay. The next bill to be called is Bill No. 010425.

The Clerk

An ordinance declaring that it is desirable for the health, safety, and welfare for the people in the area served by Special People in Northeast Inc., a Pennsylvania nonprofit corporation for the Hospitals and Higher Education Facilities Authority of Philadelphia to participate in the financing of certain projects for Special People in the Northeast, Inc., including the refinancing of acquisition loans for properties located at 7516 through Claridge Street, 4315 16 Enfield Road, 14029 Irwin Street, 333 Fanshawe 17 Street, 9218 Academy Road, 9323 through 25 Newton 18 Avenue, and 2834 Nightingale Road. (Witnesses come forward.)

Council President Verna

Good morning.

Ms. Olanipekun

Good morning, President Verna and members of the Rules Committee. I am Falasade Olanipekun, the City Treasurer, and I'm here to testify on behalf of 010425. The purpose of the bill is to fulfill 50 11/20/01 RULES - BILL 010425 certain requirements mandated under Bill No. 3 990817. On December 16, 1999, City Council passed Bill No. 990817, which authorized the Hospitals and Higher Education Facilities Authority to execute a financing on behalf of Special People in the Northeast ("SPIN") in an aggregate amount not to exceed $5,600,000. The purpose of the financing was to finance a project that included the purchase of two buildings located at 10541 and 10501 Drummond Road for use as new administrative offices by SPIN, the refinancing of two buildings owned by SPIN currently being used by them as administrative offices, and the refinancing of loans secured by 16 properties owned and operated by SPIN and/or its 17 affiliates. All of the properties subject to the financing are located in the northeast section of the City of Philadelphia. This financing was completed on December 30, 1999. And collectively, the 1999 financing was called "the initial project." Under the 1999 ordinance, City Council required that any additional projects, the 51 11/20/01 RULES - BILL 010425 supplemental projects under consideration and identified by SPIN must be approved by City Council. As a result, SPIN is in front of City Council today to obtain authorization to execute a supplemental project. The supplemental project consists of the refinancing of acquisition loans for seven additional properties owned and operated by SPIN, all of which are located in the northeast section 11 of Philadelphia. At this time, this concludes my testimony. Here also to testify on behalf of this bill is Donald Cramp, President of the Hospitals Authority, and David LeCino, Executive Director of SPIN. Thank you.

Mr. Cramp

Good morning.

Council President Verna

Good morning.

Mr. Cramp

Good morning. My name is Donald Cramp. I serve as the Chief Executive Officer of the Hospitals and Higher Education Facilities Authority of Philadelphia. I wish to make a brief introductory statement in support of the proposed bill before you this morning. 52 11/20/01 RULES - BILL 010425 In January 2001, Special People of the Northeast contacted the Authority about their desire to move forward with the 1999 supplemental project. On December 16, 1999, City Council adopted Bill No. 990817, enabling the Authority to issue 1999 notes totaling $5.6 million, with a provision that the related portion of this money, $731,700, will not be released to the borrower, special People of the Northeast, until the related properties totaling that value have been finally identified. Those properties have now been selected and the proceeds will be used for those acquisitions. Today I feel privileged to be before you to assist the Special People of the Northeast and the many people associated with this outstanding institution. And to close, may I thank you sincerely on behalf of the board for having us before you this morning Thank you.

Council President Verna

Thank you. Good morning.

Mr. Lecino

Good morning, Madam Chairperson. I'm David LeCino, the Chief Executive 53 11/20/01 RULES - BILL 010425 Officer of Special People in the Northeast Incorporated. This is a nonprofit organization supporting individuals with mental retardation throughout Northeast Philadelphia. And this request for tax exemption financing would greatly aid the agency in meeting the financial requirements for supporting individuals who choose to reside with us, and I would ask that the Rules Committee act positively on our request. I'm also available to answer any questions that Councilmembers or you may have.

Council President Verna

Thank you. Any questions from members of the committee? The Chair recognizes Councilman O'Neill.

Councilman O'Neill

No questions, Madam Chair, but I would like to compliment SPIN on being a vital part of the Northeast. While it's had difficulties with the sale program with our City department in the placement of some homes and the way they're handled, I always try to make it clear that it doesn't involve SPIN at all, that they could be the model. But anything I could do to help with this refinancing or anything else, I 54 11/20/01 RULES - BILL 010425 mean, I attend a meeting now once a month in their community center, which is actually right across the street from the setback area that we had on the previous bill. But SPIN's just a terrific organization. And I believe, Mr. LeCino is the founder of the organization, so we've kind of aged together.

Mr. Lecino

Yes, we have. I also like to have the minutes reflect that Councilman O'Neill has been a constant supporter of the agency, and I thank him personally on behalf of the agency for his sponsorship of not only of this bill but on other bills in the past. Thank you very much.

Council President Verna

Thank you. Any other comments from members of the committee? (No questions.)

Council President Verna

Gentlemen, thank you very much.

Mr. Mcgreal

I'm Austin McGreal, general counsel of the Authority. And if Your Honors feel you should vote in favor of this, I would appreciate it if you would suspend the rules. 55 11/20/01 RULES - BILL 010540

Council President Verna

We will certainly consider that. Thank you. Our next bill is Bill No -- I'm sorry, do we have anyone else to testify on this bill? (No response.)

Council President Verna

Seeing none, Bill No. 010540 will be next for consideration.

The Clerk

An ordinance amending Title 10 of the Philadelphia Code, entitled "Zoning and 11 Planning," by amending Chapter 14-100, entitled 12 "General Provisions," by amending Section 14-102, 13 entitled "Definitions," and by amending Chapter 14 14-300, entitled "Commercial Districts," by amending Section 14-303, entitled "C2 Commercial Districts," under certain terms and conditions

Mr. Lombardo

Good morning, Madam President and members of the Rules Committee. I'm Richard Lombardo, Executive Director of the Philadelphia City Planning Commission, and I'm here today to testify on Bill No. 010540. This bill was introduced by Councilmember Nutter on September 13, 2000. This bill amends the zoning code by defining the term "farmer's market" and by 56 11/20/01 RULES - BILL 010540 permitting this use under the provisions of the C2 zoning classification. Under the current provision of C2 commercial, all uses are required to be located within a completely enclosed building. This bill would define "farmer's market" as an area which "may or may not be in a completely enclosed building where growers and producers of horticultural and agricultural products may sell those products directly to the public." And it would then permit this new use farmer's market in the C2 districts. This amendment was requested by the Farmers Market Trust. The Planning Commission, at its meeting of November 15, 2001, recommended that Bill No. 010540 be approved. I would be happy to answer any questions of the committee.

Council President Verna

Thank you. The farmer's market, would that be more or less like a sidewalk vendor?

Mr. Lombardo

Well, the difference is that the definition limits the sales to be done by the growers or the producers themselves, not an 57 11/20/01 RULES - BILL 010540 in-between. Like normally a vendor that sells produce would be going down to the Food Distribution Center and buying the produce and selling it as some sort of a middle man. This would only limit the sales to the actual farmer and grower. And it's not on the sidewalk; it has to be on a property. It would allow, for example, to set this up on a parking lot. It's got to be behind a property line; it just doesn't allow it on the sidewalk.

Council President Verna

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

Council President Verna

I believe we have one witness to testify, Duane Perry. (Witnesses come forward.)

Council President Verna

Hello. Kindly identify yourself for the record.

Mr. Perry

My name is Duane Perry, Executive Director of the Farmers Market Trust. To my right is Gail Raymond, who is the Associate Director of Programs for the Farmers Market Trust. 58 11/20/01 RULES - BILL 010540 Thank you, Madam President and members of the Rules Committee for allowing me to testify before you on Bill No. 010540. The Farmers Market Trust is a nonprofit charitable organization dedicated to ensuring that every child, adult, and family has access to affordable nutritious food. Through our farmers markets, we bring fresh and affordable nutritious food to communities that might not have access to fresh and nutritious food. This year, we operated 10 weekly farmer's markets. As you know, there are large areas of Philadelphia with few supermarkets and many neighborhoods that have none. This uneven distribution of food in Philadelphia disproportionately affects low-income people. In fact, a nationwide study found that in the Philadelphia region, the number of supermarkets in the lowest-income neighborhoods is 156 percent less than in high-income neighborhoods. Farmers markets provide an alternative source of food for people. In fact, an evaluation of our farmers markets found that large percentages of customers at them shop there every week. And 59 11/20/01 RULES - BILL 010540 our customers explain that they shop for food at farmers markets for many reasons, including, and I quote, "It's the only place to get fresh food in the area. The food is of great quality. " Farmers markets provide fresh, nutritious fruits and vegetables to Philadelphians who are nutritionally at risk, helping them to improve their health. Repeat customers report at our markets reported that they're eating more vegetables since coming to the markets. In a recent study we performed, actually in part funded by the Department Of Health of the City of Philadelphia, mapped diet-related health problems, access to supermarkets, and income in Philadelphia. And it found that there was a correlation between where people live, the lack of supermarkets, and the high incidence of diet-related disease. And based on additional studies we've conducted, we know that access to fresh, affordable and nutritious food plays a role in determining what people eat, and in fact, people who have access only to poor food eat poorly. 60 11/20/01 RULES - BILL 010540 In addition, poor access to affordable, nutritious food in many of our communities reduces the purchasing power of low-income Philadelphians and may exacerbate long-term health problems resulting from nutritionally inadequate diets. And while poor access to nutritious food affects everyone, lower-income Philadelphians are especially hard hit because they tend to be less mobile and have more difficulty getting to stores. On the following page is a map which shows where seniors living below the poverty level live in Philadelphia. As you probably know, lower-income seniors especially need access to nutritionally good food. This year, 35,000 Philadelphia seniors received farmers market nutrition program checks. On the other hand, according to the Philadelphia Corporation for Aging, there are 82,000 Philadelphia seniors who are low-income subsisting on less than $16,000 a year and who are nutritionally at risk. Our farmers markets are primarily placed in neighborhoods where there's a lack of fresh fruits and vegetables. We work with community groups in these neighborhoods who invite us in; we 61 11/20/01 RULES - BILL 010540 never open a market without being invited into a neighborhood. Most of our markets are open only one day a week for about four hours. Farmers markets are good for communities. They offer health-conscious consumers a tremendous variety of fresh food. And whether the markets are in parks or in off-street lots, neighborhoods are finding that the farmers markets attract people back to public spaces and help revitalize communities. As you know, farmers markets have very deep roots in our history here.

Mr. Perry

Ben Franklin, when he first came to the City of Philadelphia, he shopped at a farmer's market. And by the beginning of the 20th century, most large cities had municipal farmers markets. The Farmers Market Trust is located at 12th and Chestnut Street, where we rent space and pay real-estate taxes. We pay $18,000 a year in City wage taxes, and over 80 percent of our employees are City residents. Our farmers are a part of the Philadelphia Farmers Association and also pay Philadelphia business-privilege taxes. Thank you very much for inviting me to 62 11/20/01 RULES - BILL 010540 testify, and I'll be happy to answer any questions.

Council President Verna

Thank you very much. Are there any questions or comments from members of the committee? The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam Chair. One question with respects to your operation. Are there any requirements in terms of space needs? And I ask that question because, unfortunately, in my district, there are several communities that do not have a supermarket and don't have the availability of fresh produce. And we're looking at some sort of interim strategy to address those needs until, one of these days, we can get somebody to open up a supermarket in the community. Would I contact you to get the requirements for space needs? Or can you kind of briefly tell me what they would be?

Mr. Perry

Well, I'd be happy to talk to you in more detail about that, Councilman, but I can tell you, the bottom line is where there's kind 63 11/20/01 RULES - BILL 010540 of a minimal amount of space, where we can set up a couple tables, and farmers can sell their food with the support of the community. That's typically a situation we can make work.

Councilman Clarke

Is there a time frame limit? I mean, do you traditionally do it once a week?

Mr. Perry

It's pretty much traditionally once a week for about four hours a day, but they can vary. We have, for instance, out in Clark Park in West Philadelphia, we operate a market twice a week. So there's a considerable amount of flexibility, but we would be happy to work with your office.

Councilman Clarke

Okay, thank you.

Council President Verna

I would like you to share that information with my office also, please.

Mr. Perry

I'd be happy to, Madam President.

Council President Verna

Thank you. Are there any other questions or comments from the members of the committee? (No further questions.) 64 11/20/01 RULES - BILL 010540

Council President Verna

Thank you. Do we have anyone else to testify on this bill? Councilman Nutter?

Councilman Nutter

Thank you, Madam Chair. Madam Chair, there was one letter of support that was sent in. It's brief, and I'd like to read it into the record. It's from Eric Goldstein, the Executive Director of the University City District, a letter that was sent to me yesterday. "Dear Councilman Nutter: I'm writing in support of Bill 010540, which would include farmers markets in the standard zoning code. The University City District has concluded its fourth year of sponsorship of the Clark Park Farmers Market located at 43rd and Baltimore Avenue. This market has been highly successful and is treasured by those in the University City community. "Farmers markets bring fresh high-quality and low-cost fruits and vegetables to communities that often do not have access to these products. They are a boon to the areas that have them. 65 11/20/01 RULES - BILL 010540 "It is my hope that this bill will make it easier for neighborhoods in the City to have access to this invaluable resource. "Thank you for your time. "Sincerely, Eric Goldstein, Executive Director."

Council President Verna

Thank you. Our next bill to be considered is Bill No. 10 010557, and I do have in my possession a letter from Councilman Mariano requesting that this bill 12 be held for a further date. Bill No. 010604 is also being held at the request of the sponsor. Bill No. 010605 is our last bill.

The Clerk

An ordinance adopting an amendment to the Articles of Incorporation of the Manayunk Special Services District of Philadelphia to extend the term of that authority, all under certain terms and conditions.

Council President Verna

Who's testifying on this bill? (Witnesses come forward.)

Council President Verna

Hello.

Ms. Smith

Good morning. 66 11/20/01 RULES - BILL 010540

Mr. Bumb

Good morning.

Council President Verna

Good morning.

Mr. Bumb

Good morning, Madam Chairperson and members of City Council. My name is Duane Bumb. I'm Deputy Commerce Director. I appreciate the opportunity to testify in support of Bill 8 010605. It would allow the term of the Manayunk Special Service District to be extended to the year 2012. Manayunk Special Service District is a wonderful example of the collaboration that can be created between the public and private sectors. The businesses, entrepreneurs, and property owners in Manayunk recognize the ongoing need to improve the general economic climate and quality of life of their neighborhood. To that extent, they have successfully established a special service district to make the Main Street area clean, safe, and attractive. Not only has the special service district been important to the stability of the community, it has become a catalyst for further revitalization. The City's economic-development organizations, including the Department of Commerce 67 11/20/01 RULES - BILL 010540 PIDC, and PCDC, are committed to supporting the special service districts as an important development and revitalization tool. In the case of the Manayunk Special Services District, we have also worked closely with the Police Department and the Streets Department to leverage other vital City services. The result of this successful collaboration has been a dynamic special services district that promotes the long-term growth and viability of the Main Street commercial corridor. This worthwhile effort deserves to be continued. I, therefore, urge your support of Bill 14 10605 and thank you for your consideration. I'd be happy to answer any questions you may have.

Ms. Smith

I also have up here this, which summarizes what we do, plus some testimony. As Executive Director of the Manayunk Special Services Director and the Manayunk Development Corporation, I'm testifying in support of Bill 010605 to extend the life of the Manayunk Special Services District to end December 31, 2012. The Special Services District has played a critical role in Manayunk in our efforts to address the needs of our district. The dollars from the 68 11/20/01 RULES - BILL 010540 services district have been used for planning, design, and to leverage other dollars, as well as the clean and safe and the kind of basic nitty-gritty needs of a commercial district. Going forward, it is now even more important because the market's even more competitive. With the success of other areas in the City and the suburbs, these dollars will be used to upgrade our maintenance efforts, expand our promotions, and do some small capital improvements. Not only is the MSSD important for Manayunk but it's important for the City since a significant amount of our retail revenue actually comes from the suburbs over the boundaries into the City of Philadelphia. So I thank you for your support. If there's any questions, please feel free.

Council President Verna

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

Council President Verna

Thank you both very much for your patience. Do we have anyone else to testify on this 69 11/20/01 RULES - BILL 010540 bill? (No response.)

Council President Verna

Seeing none, this will conclude our public hearing - - - 70 11/20/01 RULES - PUBLIC MEETING

Council President Verna

We will now go into our public meeting The Chair recognizes Councilman O'Neill regarding Bill No. 00717.

Councilman O'Neill

Madam President, I move that Bill No. 00717 --

Council President Verna

Excuse me. We have to approve the amendment.

Councilman Clarke

Thank you, Madam Chair. Madam Chair, I'd like to propose an amendment to Bill No. 000717. The amendment would be number 3, Section 1416-20 c. Where it says "Auto Mall sales lot," we would add "except as part of a franchise new car facility."

Council President Verna

Okay.

Councilman Clarke

I'd like to move the adoption of the amendment (Duly seconded.)

Council President Verna

It has been properly moved and seconded that the amendment be adopted. All those in favor will signify by saying aye. 71 11/20/01 RULES - PUBLIC MEETING Those opposed? The ayes have it and the amendment has been adopted. The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam Chair. I'd like to move that Bill No. 000717, as amended, be reported out of committee with a favorable recommendation and a request for a suspension of the rules. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 000717, as amended, be reported out of committee with a favorable recommendation and also recommendation that the rules of Council be suspended so as to permit first reading at our next Council session. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion has been carried. The Chair recognizes Councilman O'Neill regarding Bill No. 010181.

Councilman O'Neill

Madam President, I 72 11/20/01 RULES - PUBLIC MEETING move the adoption of the amendment, which was distributed and read into the record during the public hearing. (Duly seconded.)

Council President Verna

It has been moved and seconded that the amendment be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion is carried. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

I move that Bill No. 15 010181, as amended, be reported out of committee with a favorable recommendation to be read at the next session Council. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 010181 be reported out of committee with a favorable recommendation as amended. All those in favor will signify by saying aye. Those opposed? 73 11/20/01 RULES - PUBLIC MEETING The ayes have it and the motion carries The Chair recognizes Councilman O'Neill regarding Bill No. 010425.

Councilman O'Neill

Madam President, I move that Bill No. 010425 be reported out of committee with a favorable recommendation and also a recommendation that the rules of Council be suspended to allow for first reading at our next Council session. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 010425 be reported out of committee with a favorable recommendation and also a recommendation that the rules of Council be suspended so as to permit first reading at our next session of Council. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. The Chair recognizes Councilman DiCicco regarding Bill No. 010524.

Councilman Dicicco

I move for the adoption of Bill No. 010524 and a request for a 74 11/20/01 RULES - PUBLIC MEETING suspension of the rules. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 010524 be reported out of committee with a favorable recommendation and also a recommendation that the rules of Council be suspended so as to permit first reading at our next Council session. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion is carried. The Chair recognizes Councilman Nutter regarding Bill No. 010540.

Councilman Nutter

Madam Chair, I move that Bill No. 010540 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 010540 be reported 75 11/20/01 RULES - PUBLIC MEETING out of committee with a favorable recommendation and also a recommendation that the rules of Council be suspended so as to permit first reading at our next Council session. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. The Chair recognizes Councilman Nutter regarding Bill No. 010605.

Councilman Nutter

Madam Chair, I move that Bill No. 010605 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 010605 be moved out of committee with a favorable recommendation and also a recommendation that the rules of Council be suspended so as to permit first reading at our next session of Council. All those in favor will signify by saying 76 11/20/01 RULES - PUBLIC MEETING aye. Those opposed? The ayes have it and the motion carries Thank you all very much for your patience. (Proceedings end at 12:10 p.m.) - - - 77 CERTIFICATE I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia's meeting of the Council Committee on Rules of Wednesday, November 20, 2001, are contained fully and accurately in the stenographic notes taken by me upon, and that this is a true and correct transcript of same. RE: Ordinances 000717, 010181, 010425, 010524, 010540, 010605 _______________________________, Josephine Cardillo Registered Professional Reporter and Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)