COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON RULES3 Room 400, City Hall6 Philadelphia, Pennsylvania Wednesday, November 16, 20117 11:10 a.m. PRESENT: COUNCILMAN JAMES KENNEY, CHAIR10 COUNCILMAN DARRELL CLARKE COUNCILMAN FRANK DiCICCO11 COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM K. GREENLEE12 COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN13 COUNCILMAN FRANK RIZZO, JR. BILL 110717, 110718, 110719 and 11066215 - - -17 2
Good2 morning, ladies and gentlemen. The3 Committee on Rules is now in session with4 a quorum consisting of Councilmembers5 DiCicco, Goode, Greenlee and Rizzo to6 hear testimony on three bills and one7 recessed bill.8 The first bill is 110717, an9 ordinance amending Title 14 of The10 Philadelphia Code, relating to "Zoning11 and Planning," by amending Chapter12 14-400, entitled "Commercial13 Entertainment District," by amending14 certain provisions of Section 14-40615 concerning structures permitted in16 setback, Section 14-408 concerning17 parking requirements and parking lots,18 and Section 14-409 concerning off-street19 loading.20 Mr. Kramer, please identify21 yourself for the record.22
Good morning,23 Councilman Kenney and members of the24 Rules Committee. I am William Kramer,25 3 11/16/11 - RULES - BILLS 110717, ETC.1 Division Director of the Development2 Planning Division of the Philadelphia3 City Planning Commission. I'm here to4 testify today on Bill No. 110717 as well5 as the other bills on this agenda.6 Yesterday afternoon the7 Planning Commission took all three bills8 at the same time. Would you care for us9 to go all together?10
Let me read11 the other two into the record and all12 testimony on the three bills will be13 considered being taken for the three14 bills.15 The second is 110718, an16 ordinance authorizing the revision of17 lines and grades on a portion of City18 Plan Nos. 146 and 271 by relocating the19 northwesterly and southeasterly curblines20 of North Delaware Avenue, from Frankford21 Avenue to Marlborough Street, to22 establish certain curb bump-outs and23 lay-bys, striking from the City Plan a24 right-of-way within the lines of former25 4 11/16/11 - RULES - BILLS 110717, ETC.1 Shackamaxon Street from the southeasterly2 side of North Delaware Avenue to the3 Pierhead Line of the Delaware River and4 placing on the City Plan a right-of-way5 for water main purposes, drainage6 purposes and public utility purposes7 approximately 200 feet northeast of8 former Shackamaxon Street from the9 southeasterly side of North Delaware10 Avenue to the Pierhead Line of the11 Delaware River, under certain terms and12 conditions.13 Bill No. 110719, an ordinance14 to amend the Philadelphia Zoning Maps by15 changing the zoning designations of16 certain areas of land located within an17 area bounded by the southeasterly side of18 North Delaware Avenue, the centerline of19 former Shackamaxon Street, the Pierhead20 Line of the Delaware River and a line21 approximately parallel to the centerline22 of former Shackamaxon Street being a23 property line located on the24 southeasterly side of North Delaware25 5 11/16/11 - RULES - BILLS 110717, ETC.1 Avenue approximately 260 feet north east2 of the southwesterly side of former3 Shackamaxon Street and extending from4 that point to the Pierhead Line of the5 Delaware River.6 Please identify yourself again7 for the record and proceed.8
Good morning,9 Councilman Kenney, members of the Rules10 Committee. I am William Kramer, Division11 Director of the Development Planning12 Division of the Philadelphia City13 Planning Commission. Normally14 Mr. Greenberger would have been providing15 this testimony, but he got called away,16 and I do not have prepared testimony for17 this, so I will give you the information18 that I do have on all of these bills.19 Bill 110717 is an ordinance20 that amends The Philadelphia Code, the21 section involving Commercial22 Entertainment District, to provide23 certain changes to that district in order24 to help facilitate an expansion of the25 6 11/16/11 - RULES - BILLS 110717, ETC.1 SugarHouse Casino operation. One of2 those includes the parking requirements,3 reducing the amount of parking that was4 required, providing it -- or I should say5 the off-street loading provisions were6 being changed so as to not include the7 parking area, gross floor area, in the8 amount of area needed to calculate the9 off-street loading, the 14-408 section10 with the parking requirements, and this11 had to do with surface parking and change12 the percentage of parking to be allowed13 in surface parking lots on this location.14 Bill No. 110718 is a Streets15 bill that authorizes the curb cuts on16 Delaware Avenue as well as the striking17 and placing -- striking from the City18 Plan Shackamaxon Street and locating a19 right-of-way. It is my understanding20 that there were some amendments from the21 Law Department that have been submitted22 to the Councilman's office for23 introduction on that particular bill.24 The last bill was 110719, and25 7 11/16/11 - RULES - BILLS 110717, ETC.1 this is an ordinance that changes the2 Zoning Maps extending northward the CED3 designation to the property next door,4 which is known as the begotten piece. It5 extends the CED classification 260 feet6 to the north of -- adjacent to the7 current CED classification. In that8 particular bill, we have been requested9 to amend the maps on that to include an10 indication of the location of the former11 Shackamaxon Street centerlines. That12 amendment has been submitted to the13 District Councilperson's office.14 In addition, the Planning15 Commission also considered and approved16 the master plan for the expansion for the17 casino operation. There were several18 phases of this. The Planning Commission19 approved the master plan and the design20 considerations for Phase 1A of this21 operation. They gave master plan22 approval to Phase 1B, and they gave23 conceptual approval, but no design24 approvals, for future expansions. The25 8 11/16/11 - RULES - BILLS 110717, ETC.1 details of these I'm going to allow the2 representatives of the casino to present3 rather than have redundancy at this4 meeting.5 The Planning Commission at its6 meeting of yesterday, which was October7 (sic) 15th, recommended approval of all8 three bills, as well as the master plan9 approvals that I outlined earlier.10
Please let17 the record know that Councilwoman Miller18 is also in attendance of the Committee19 today.20 Greg Carlin, Wendy Hamilton,21 Mary Cheeks and Terry McKenna.22 (Witnesses approached witness23 table.)24
Whoever25 9 11/16/11 - RULES - BILLS 110717, ETC.1 would like to begin, please identify2 yourself for the record.3
Councilman Kenney,4 other City Councilmembers, my name is5 Greg Carlin. I'm the CEO of SugarHouse6 Casino. 11 I'm here today to offer12 testimony on Bills 110717, 110718 and13 110719. 18 As you know, the SugarHouse19 Casino opened a little more than a year20 ago in September 2010. The casino is21 currently the smallest in the22 Commonwealth with 1,602 slot machines and23 53 table games. 4 You may remember that we were5 unable to start construction prior to the6 financial crisis due to factors beyond7 our control. As a result, we had to8 scale back our original plan and build a9 smaller facility, designed with the10 ability to expand when it made sense to11 do so. 19 Since opening, our slots and20 table business continue to grow at a21 steady pace. 2 Through October 2011,3 SugarHouse has generated more than $1184 million of total tax revenue to both the5 City of Philadelphia and the Commonwealth6 of Pennsylvania. 13 SugarHouse employs 1,075 team14 members, 92 percent of which are full15 time. 19 We've got 41 percent women employees, 4320 percent minorities, and 53 percent are21 Philadelphia residents. 8 In November 2008, we signed a community9 benefits agreement that provides $500,00010 annually to the Penn Treaty Special11 Services District during the interim12 casino phase, and that contribution will13 increase to $1 million annually once our14 contemplated expansion is complete. 17 In addition to our financial18 commitment to the SSD, we've also made19 charitable contributions of more than20 $500,000 to organizations across21 Philadelphia since we were awarded our22 license in 2006. 1 As I mentioned earlier, we're2 here today to discuss several bills that3 will facilitate our expansion. 11 The expansion will more than double the12 building size, from 106,000 square feet13 to approximately 250,000 square feet. 18 The public river walk will increase from19 2,000 feet to approximately 2,250 total20 feet, and we have worked closely with the21 Delaware River Waterfront Corp. and City22 Planning Commission to include a bike23 path through the property. 1 to approximately 90,000 square feet,2 including a new high-limit room. The3 expanded floor will accommodate4 approximately 3,000 gaming positions. 9 We estimate the proposed10 expansion will create 500 additional11 permanent full-time and part-time jobs,12 bringing our total workforce to over13 1,500 team members. 16 Over the next several months,17 we will be working with various18 government agencies to obtain all19 necessary permits and approvals required20 for the proposed expansion. Assuming we21 obtain all necessary approvals,22 construction could start as early as23 summer 2012, with an anticipated24 completion date in the fall of 2013. 4 Thank you for allowing me the5 opportunity to testify before this6 Committee. 9
11 Mr. 13 MR. McKENNA: Good morning,14 Councilman Kenney and members of City15 Council. P. I am here today to20 offer testimony on Bill Nos. 110717,21 110718 and 110719. Specifically, I will22 briefly explain why each bill is23 necessary for the proposed expansion of24 the SugarHouse Casino. 10 Bill No. 110717 presents three11 minor clarifications to the existing12 Commercial Entertainment District13 legislation. 4 The second clarification is to5 allow a sufficient amount of surface6 parking to remain in place on the7 property after the construction of the8 1,500-space parking garage during Phase9 1A. As part of the expansion master10 planning process performed in concert11 with the City Planning Commission,12 SugarHouse has agreed to build a shorter13 garage in phases, keeping with the City's14 waterfront vision of having a smaller15 garage, representing the actual number of16 structured parking spaces needed for the17 casino and not potentially overbuilding18 the garage at the outset. 1 park. 5 The third clarification relates6 to the number of off-street loading7 spaces required for the expanded8 facility. 15 Bill No. 19 As part of the shorter parking garage, it20 is necessary to shift the parking garage21 further north onto the property also22 owned by SugarHouse at 1107 North23 Delaware Avenue. 1 location of the existing Shackamaxon2 Street signal on Delaware Avenue, which3 gets moved about 250 feet further north,4 and allows for the lining up of that5 intersection with the entrance to the6 parking garage. 10 The second part of the bill11 allows for relocation of the Shackamaxon12 Street combined sewer outfall, which13 currently cuts through the middle of the14 casino properties at the proposed15 location of the shorter garage. 1 110719, expands the existing boundary of2 the Commercial Entertainment District3 zoning to include the 1107 North Delaware4 Avenue parcel located directly north of5 the existing casino parcel. This parcel6 was purchased by SugarHouse in October7 2009 prior to opening the existing casino8 and currently serves the casino as a9 surface parking lot. 18 This completes my prepared19 remarks. Thank you for allowing me the20 opportunity to testify before this21 Committee. 23
Thank you24 very much for your testimony.25 21 11/16/11 - RULES - BILLS 110717, ETC.1 Has SugarHouse laid anybody off2 since they've been open?3
Not that I know7 of. Wendy can answer that. We've had8 some people that have been terminated for9 performance, but --10
No, no.11 Laid off people as a result of the12 economy.13
I knew the19 answer. I just wanted to make sure that20 in this economy we understand that there21 are some people that are actually working22 and hiring people. And also there's been23 an elected official or two, not in this24 body, who have made some comments that25 22 11/16/11 - RULES - BILLS 110717, ETC.1 SugarHouse is one of the more2 underperforming casinos in the3 Commonwealth. Would you care to clarify4 that situation, because we know that's5 not true.6
We're the smallest7 casino, as I mentioned in my testimony,8 but if you look at our win per table and9 win per slot machine, we're actually the10 best performing in the state.11
So that12 statement is materially false that that13 individual is promoting?14
Great.16 By the way, I'd also like to17 comment on your executive diversity. I18 think it's a pretty nice group that looks19 like Philadelphia, as Councilman Goode20 and other Councilmembers have said. So I21 want to thank you for your attention to22 that, and I'm sure that Councilman Goode23 will make some comments relative to your24 EOP, but I just want to thank you for25 23 11/16/11 - RULES - BILLS 110717, ETC.1 your expansion here and the jobs you're2 going to create and the employment you're3 going to create, both construction-wise4 and permanent. So I look forward to5 approving this.6 Anyone else -- Councilman7 DiCicco, would you like --8 COUNCILMAN DiCICCO: No. You9 asked the question that I was going to10 ask about the statement that State11 Representative O'Brien has been known to12 make.13
I was14 willing to keep him nameless.15 COUNCILMAN DiCICCO: Well, you16 know me. Whenever I have an opportunity,17 I will give someone recognition when they18 deserve it.19 Thank you.20 COUNCILMAN KENNEY:21 Councilmember Miller.22
Thank23 you.24 Hi. Good morning. I also want25 24 11/16/11 - RULES - BILLS 110717, ETC.1 to thank you for all that you're doing2 here, but I have a question around3 security, particularly as it relates to4 parking. Every now and then you hear on5 the news or see on the news people6 getting robbed in Atlantic City. Then7 I've heard that people have gotten robbed8 down at your casino.9 What is the security plan? If10 someone comes down there and walks out --11 I've been there twice. I will come more12 in the future. But anyway, what's the13 plan for security? What happens when14 someone leaves the casino?15
I'll take that16 question. I'm Wendy Hamilton. I'm the17 General Manager at SugarHouse.18 Unfortunately, crime happens19 everywhere. Because we are aware of this20 and because certainly we don't want our21 customers to think that coming to22 SugarHouse is something that puts them or23 their families or their friends in24 jeopardy, we do go out of our way to25 25 11/16/11 - RULES - BILLS 110717, ETC.1 cover all of our inside areas, a lot of2 which is determined and prescribed to us3 by the Pennsylvania Gaming Control Board,4 and, in addition, the outside areas. So5 at any given time, there are anywhere6 from two to eight security officers in7 the outside parking lot, and that varies8 greatly during daylight hours versus at9 night. We have a couple of dozen10 surveillance cameras in those parking11 lots, so that we are always watching12 what's going on. Our security officers13 ride bikes, ride an SUV and ride a golf14 cart, and they are all over the place.15 Unfortunately, they can't be everywhere16 all the time and I won't tell you that a17 window doesn't get broken here and there,18 but, you know, I routinely get letters19 from customers proactively thanking me20 for the fact that they were leaving and21 one of our officers who was near an22 entranceway said to them, Can I escort23 you to your car, our SUV is right24 outside, knock on the window, they'll25 26 11/16/11 - RULES - BILLS 110717, ETC.1 give you a ride, this kind of thing. So2 people appreciate the fact that we are3 proactively willing to make them feel as4 safe as possible and -- does that answer5 your question?6
Yes, it7 does. And I have one other question. I8 think I got a letter about a week ago9 regarding employees trying to unionize.10 The letter wasn't really clear, but it11 actually talked about there are people12 that's trying to form a union. I got it13 from a clergy person.14
Yes, and we've15 had maybe communication from some of the16 same groups. We have always held that it17 is our employees' choice whether they18 choose to be represented by an outside19 labor organization. We are employee pro20 choice. And so we will always make sure21 that our employees have the facts, and22 from that point forward, it's their23 decision and only they get to make that24 decision whether they want to be25 27 11/16/11 - RULES - BILLS 110717, ETC.1 represented or work directly with the2 company.3
Just one10 additional question on crime. Are you11 aware of any increase in crime in the12 surrounding neighborhood?13
No. In fact,14 Captain Cram, who is the Philadelphia15 Police Department Captain in the 26th16 District, our district, has reported to17 us and to others that in various18 categories, crime is actually down in the19 26th District since we've opened,20 probably because you've got this large21 area that's now much more well lit,22 surveilled, covered with security23 officers, a lot of activity. And so, no,24 crime is down in the 26th District.25 28 11/16/11 - RULES - BILLS 110717, ETC.1
So the2 scenarios of increased crime,3 prostitution, drug use, car theft,4 murder, mayhem and everything else that5 we heard for all those months and months6 and months didn't happen?7
It's actually10 fairly typical before a casino comes to11 hear that rhetoric, but in our experience12 in other markets, it's been the same. I13 mean, when you open a casino, you have14 new jobs, tax revenue, economic15 development. So there's a -- crime16 actually does go down.17
Thank you,20 Mr. Chairman.21 Good morning. It's no secret22 in this city that I'm very serious about23 economic opportunity, and I also believe24 I'm very good at legislating it and can25 29 11/16/11 - RULES - BILLS 110717, ETC.1 always get better. And to that end,2 several years we've done several3 amendments to The Philadelphia Code to4 ensure that we were doing all that we can5 do to expand opportunities. So because6 of the work that we've done, I'm able to7 actually just pull up the information on8 SugarHouse, even the last report that is9 posted on the City's website.10 When you reference a thousand11 new jobs, this specifically says 996.12 I'm able to see that 514 are Philadelphia13 residents directly from that report, 39814 are minority, 492 are women. Those in15 general are good numbers. Because of16 other reporting requirements that you17 have, I've been able to actually dig a18 little bit deeper. So I know that in19 terms of your employment numbers, the20 minority numbers are consistent with what21 you said, but there have actually been a22 drop in certain demographics and a rise23 in others. That's not something I'm24 going to track that heavily unless it25 30 11/16/11 - RULES - BILLS 110717, ETC.1 looks strange. And I would just make a2 statement for the record. As we continue3 to track that information, there really4 is no need to decrease the hiring within5 certain demographics just because you're6 increasing the hiring within others, and7 that in and of itself is also8 discrimination. So I wanted to put that9 on the record.10 Thank you.11
Any other12 questions or comments for these13 witnesses?14 (No response.)15
Seeing16 none, thank you very much for your17 testimony.18
Is there20 anyone else to testify on this bill?21 Please come forward.22 (Witness approached witness23 table.)24
Please25 31 11/16/11 - RULES - BILLS 110717, ETC.1 identify yourself for the record.2
Thank you,3 Mr. Chairman. My name is Paul Boni,4 B-O-N-I. 8 I have two points to make9 today. 13 First, the merits. I believe14 this is incredibly bad land use. What it15 involves is a mammoth parking garage and16 also the making permanent of the sea of17 surface parking. Those two aspects are18 in direct violation of not just general19 good land planning practices, but also20 the civic vision for the Delaware21 Waterfront, the master plan that was just22 created by the Delaware River Waterfront23 Corporation. 1 Central -- a group called the Central2 Delaware Advocacy Group, which is a group3 of representatives from 21 community4 groups up and down the river, where they5 go on record opposing the bills before6 you because of the reasons I'm mentioning7 and more. 11 But what should this project12 look like? Well, of course, any parking13 garage of this size should be chopped up14 into smaller buildings. A few smaller15 parking garages would be better than this16 one mammoth. And also I think if any17 other developer in this city came before18 you seeking approval for this mammoth19 parking garage, you would require that it20 have retail or active uses around the21 ground floor. 1 But let me move on to my second2 and last point, if I could, Mr. 7 It's new and it's in vogue in land use8 planning these days and it's increasingly9 becoming part of land use planning. 13 And what it means is that before making14 any land use decisions, City planners15 look at the health impact of the facility16 on the community. And I stress it's not17 just negative health impacts, but it's18 positive health impacts also. 1 casinos rely on gambling addicts and2 problem gamblers and that the vast3 majority of revenue, in my opinion, comes4 from gambling addicts and problem5 gamblers. 19 And in this city, I might add,20 Mr. Chairman and members of the21 Committee, I think a lot of that is22 coming from African American citizens and23 also Asian American citizens. 2 But that's exactly -- this is exactly the3 types of issue and issues that a health4 impact assessment would be able to get a5 handle on. 3
Thank you4 for your testimony.5 Are there any questions for6 this witness?7 (No response.)8
Seeing9 none, thank you very much for your10 testimony.11 Is there anyone else to testify12 on this bill?13 (No response.)14
Seeing15 none, we will now move to the recessed16 bill, No. 110662, an ordinance amending17 Title 14 of The Philadelphia Code,18 entitled "Zoning and Planning," by19 amending Chapter 14-1631, entitled "Lower20 and Central Germantown Special District21 Controls," to further define the22 Prohibited Uses.23 Mr. Primavera, please.24 (Witnesses approached witness25 37 11/16/11 - RULES - BILLS 110717, ETC.1 table.)2
The purpose9 of the recess of the hearing was to have10 you come back to discuss provisions of11 the EOP and the community benefits plan.12 So we'll keep our comments to that, if we13 can. Thank you.14
In order to15 stay out of trouble, I'll hand it over to16 Ron, who actually jumped on this17 yesterday.18
I'm19 actually happy that Ron is here, because20 he's a lawyer and you won't be21 questioning him like you do the22 non-lawyers.23
Sometimes I'm24 his fact witness.25 38 11/16/11 - RULES - BILLS 110717, ETC.1
Mr.2 Patterson, please identify yourself for3 the record.4
Ronald5 Patterson, a partner at Klehr Harrison,6 1835 Market Street.7 At the Committee's direction, I8 reached out to the Office of Economic9 Opportunity. I sent them a draft EOP10 plan late yesterday and which was11 distributed to each Councilmember late12 yesterday, and I worked with them last13 night and this morning on a revised plan,14 which I had distributed to you this15 morning.16 We did have a discussion -- I17 had a discussion with that office,18 recognizing that the majority of the19 construction has been completed. The20 structure is completed, but the fit-out21 is not, and, of course, there are no22 tenants there yet. So the plan has been23 revised to reflect that aspect, but also24 added in a section of addressing the25 39 11/16/11 - RULES - BILLS 110717, ETC.1 permanent workforce during the operations2 going forth, laying out what the goals3 are for the permanent workforce, both4 hourly and management. So that's on our5 of the plan. And it ties in, I6 believe, Carl, right, with the community7 benefits agreement, and that was8 really -- the idea is to draw the jobs9 from that general area, which we think10 meets the employment goals in this plan.11
And also there14 are people who are here from the15 community group that we've been working16 with, Ms. Betty Turner in particular, and17 I think she wants to make some comments.18
If I may just21 add, the plan you have is fully executed22 by both parties.23 Thank you.24
Mr. Boyd,2 would you please come forward also.3 (Witnesses approached witness4 table.)5
Good6 morning. Please identify yourself for7 the record. If you could do me a favor,8 pull the microphone down and closer to9 you.10
I'm sorry.16 Could you just please identify yourself17 for the stenographer's purposes.18
1 organizations, businesses and2 institutions in Germantown. We are also3 the local representative for Classic Town4 Germantown through the Delaware Valley5 Regional Planning Commission's Classic6 Towns of Greater Philadelphia. 10 I am a retired higher education11 administrator and a citizen planner with12 a certificate from the Philadelphia City13 Planning Commission. 16 Germantown is a diverse and17 progressive community with a rich18 history, and its accessibility is a major19 attraction to businesses and residents20 alike. 3 Germantown is 80 percent4 African American. The largest number of5 families who live here earn an average of6 30,000 a year or less. 14 On February 26th, 2011, GCC met15 with Pulaski Partners about the Chelten16 Plaza site. 19 During that initial meeting,20 Pat Burns expressed his interest in21 hearing from the community, and GCC22 agreed to open the lines of communication23 between Pulaski Partners and the24 Germantown community. 10 Two community-wide meetings11 were held, one to hear from the community12 about what stores the community would13 like on that site and one for the14 community to hear directly from Pat15 Burns. 1 Committee, as a whole or members with2 specific expertise, have been meeting and3 reporting through websites, written4 reports, telephone calls about the5 progress of our work together. An ad hoc6 GCC Design Review Committee and the7 Pulaski Partners Design Group met in8 meetings and charrettes to improve the9 Chelten Plaza site design and provide a10 final report to GCC. 14 Site design changes and15 construction as a result of these16 meetings are already evident at Chelten17 Plaza. Pulaski Partners and GCC have18 provided weekly updates of the progress19 on the project on their prospective20 websites and through meetings and ongoing21 conversations. 1 After many months of dialogue2 between GCC and Pulaski Partners, a3 community cooperation commitment was4 written and presented to the GCC Board in5 September. , the Chelten8 Plaza site design, changes, green9 elements, scope of services on the site,10 construction and employment goals,11 management and customer service, retail12 mix and rental opportunities, and13 decision-making process, as well as14 contributions to social enrichment15 through educational, philanthropic and16 community investment. This document is17 the foundation for the legally binding18 and enforceable community benefits19 agreement. 1 terms of value and then take a look at2 the opposition who testified and their3 interest and occupation, one could4 conclude there are other interests5 outside of community benefit. 24
Thank you25 47 11/16/11 - RULES - BILLS 110717, ETC.1 very much for your very good testimony2 and your presentation.3 Please identify, whoever would4 like to go next, identify yourself for5 the record and proceed.6
I have no7 testimony. My name is Reverend Dr. Nancy8 Muth. I'm the minister at the First9 Presbyterian Church in Germantown and I10 serve on the Board of Germantown11 Community Connection, and my testimony12 would be what you just heard.13
Thank you,14 Pastor.15 Please identify yourself, sir.16
My name is Malik17 Boyd. I'm a community member in18 Germantown. I also serve on the Board of19 GCC.20 I think Betty has addressed21 some very key points with regards to this22 development, so I will speak very23 briefly.24 The significant high level of25 48 11/16/11 - RULES - BILLS 110717, ETC.1 unemployment in the Greater Germantown2 area and with the changing landscape with3 regards to the quality of life due to4 economic changes, it's become evident5 that Germantown and probably the City is6 in need of a solid, productive7 opportunity in the area of commercial8 development, employment and shopping.9 Across the country, stores like CVS,10 Walgreens have taken major steps to11 diversify their options, rezoning12 themselves to include grocery items, and,13 as a result, big-box grocery stores have14 taken a major hit, downsizing,15 redesigning product offerings and often16 pairing with other stores to create a17 one-stop destination for retail.18 One such development is the19 plaza at Chelten. It has paired20 Sav-A-Lot with the Dollar Tree, which is21 focused on creating that kind of22 experience for Germantown. And those23 stores like the Dollar Tree that provide24 items, significant brand name items for25 49 11/16/11 - RULES - BILLS 110717, ETC.1 low cost, makes sense at an economic time2 like this. And while there is some in3 our community with whom we differ on4 tenant selection within this complex, we5 do agree that our commercial corridor6 needs a boost with regards to development7 and change that are committed to quality8 service products in a price point that's9 conducive for our community, and this10 development with the Dollar Tree11 accomplishes that.12 Yesterday I sat on the13 waterfront and watched a tugboat push a14 barge down the water. It was attached to15 a cord, right? And I'm sure that that16 captain that was on that barge wasn't17 necessarily concerned about how many18 smokestacks that tugboat had or how many19 tires were attached to the starboard20 side. It was just whether or not that21 tugboat had enough energy, whether the22 captain had enough knowledge to push that23 barge safely down the water.24 With that same concept, I look25 50 11/16/11 - RULES - BILLS 110717, ETC.1 at this community and this particular2 project. This development, with the3 Sav-A-Lot and the Dollar Tree attached4 and the other tenants, is like that5 tugboat that's going to push Germantown6 down the river to success. And that cord7 that really ties that tugboat to that8 barge is that community cooperation9 agreement and that CBA, of which Pulaski10 Partners has upheld their efforts to be11 honest with the community, meet with the12 community and provide the things that13 make sense for this community. So I'm14 asking the Chair and Council to please15 allow that progress to continue and allow16 us to get down this river to success.17
My only18 question is, where were you yesterday?19 It would have been a help.20 Any questions for these21 witnesses?22 (No response.)23
Thank you24 very much for coming in and testifying.25 51 11/16/11 - RULES - BILLS 110717, ETC.1 Anyone else to testify on this2 bill?3 Please come forward.4 (Witness approached witness5 table.)6
Thomas10 Sharpless, 6017 Green Street, Germantown.11 I'm one of that minority, but it's a big12 minority of West Germantown residents who13 thinks that the Chelten Plaza plan is not14 good enough for Germantown.15 I agree with everything that16 Malik and Betty said and pretty much with17 everything that the developers have said18 in terms of the positives, but I just19 wanted to point out to Council that20 Dollar Tree did not become a darling of21 Wall Street by paying people generous22 wages or hiring lots of community23 individuals. They work the same as other24 low-margin, high-profit stores, by25 52 11/16/11 - RULES - BILLS 110717, ETC.1 squeezing labor. So the fact that this2 project can only claim 100 new jobs, a3 large number of which are part-time jobs,4 I think should be weighed in the balance5 of whether we need to rush to approve it6 or change the zoning law to make it7 happen just the way the developers want8 it to happen.9 So I would urge you once again10 to -- also, I believe that we have not11 heard that there is actually a CBA on12 file with the appropriate authorities,13 and I think that before there is one, we14 need to have more than just the Board of15 Germantown Community Connection involved16 in discussing the terms of that17 agreement. I'm a member of Germantown18 Community Connection, or at least I was19 when it was founded, and I consider20 myself still to be. I'm also a member of21 West Central Germantown Neighbors, as22 many of the people who objected were, but23 not all. I'm for the economic24 development in the community and I'm for25 53 11/16/11 - RULES - BILLS 110717, ETC.1 having a big store there. I just think2 maybe a Pet Smart or even a Costco would3 be more beneficial to the community, and4 I think that some of those potential5 opportunities still need to be explored.6 If you spot zone that out, it will never7 happen. If you leave the law the way it8 is and permit the review at L&I and the9 Zoning Board to continue on the course10 that they've set, I think we might have a11 chance to arrive at a somewhat more12 beneficial solution for Germantown.13 Thank you.14
Thank you15 very much for your testimony.16 Anyone else in the room to17 testify on any of these bills?18 (No response.)19
That will20 conclude our public hearing of the Rules21 Committee. We will now convene a public22 meeting.23 The Chair -- I would like to24 acknowledge the presence of Councilwoman25 54 11/16/11 - RULES - BILLS 110717, ETC.1 Blondell Reynolds Brown.2 The Chair recognizes Councilman3 DiCicco for a motion on Bill 110717.4 COUNCILMAN DiCICCO: Thank you,5 Mr. Chairman. I move that Bill No.6 110717 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 session of City Council.11 (Duly seconded.)12
There are17 none opposed. Bill No. 110717 will18 report out of this Committee with a19 favorable recommendation and a request20 will be made for rules suspension to21 allow for a first reading at our next22 Council session.23 The Chair recognizes24 Councilmember DiCicco to move the25 55 11/16/11 - RULES - BILLS 110717, ETC.1 amendment to Bill No. 110718, which is in2 our packet.3 COUNCILMAN DiCICCO: Thank you,4 Mr. Chairman. I move that the amendment5 to Bill No. 110718 be approved.6 (Duly seconded.)7
There are12 none opposed. The amendment passes.13 The Chair recognizes14 Councilmember DiCicco on the amended15 bill.16 COUNCILMAN DiCICCO: Thank you,17 Mr. Chairman. I move that Bill No.18 110718, as amended, be reported out of19 this Committee with a favorable20 recommendation and a further21 recommendation that the rules of Council22 be suspended.23 (Duly seconded.)24
Moved and25 56 11/16/11 - RULES - BILLS 110717, ETC.1 seconded.2 All in favor?3 (Aye.)4
There are5 none opposed. Bill No. 110718, as6 amended, will report out of this7 Committee favorably and a request has8 been made for rules suspension to allow9 first reading at our next Council10 session.11 The Chair recognizes12 Councilmember DiCicco to make a motion to13 approve the amendment to Bill No. 110719.14 COUNCILMAN DiCICCO: Thank you,15 Mr. Chairman. I move that the amendment16 to Bill No. 110719 be approved.17 (Duly seconded.)18
The23 amendment is adopted.24 The Chair recognizes25 57 11/16/11 - RULES - BILLS 110717, ETC.1 Councilmember DiCicco on the amended2 bill.3 COUNCILMAN DiCICCO: Thank you,4 Mr. Chairman. I move that Bill No.5 110719, as amended, be reported out of6 this Committee with a favorable7 recommendation, that the rules of Council8 be suspended.9 (Duly seconded.)10
There are15 none opposed. Bill No. 110719, as16 amended, will report out of this17 Committee favorably, a request made for18 rules suspension to allow first reading19 at our next Council session.20 The Chair recognizes21 Councilmember Miller for a motion on Bill22 No. 110662, and acknowledge the presence23 of Councilmember Clarke, who is a member24 of the Committee.25 58 11/16/11 - RULES - BILLS 110717, ETC.1
Thank2 you, Mr. Chair. I move that Bill No.3 110662 be reported out of this Committee4 with a favorable recommendation and5 further move that the rules of Council be6 suspended so as to permit first reading7 at our next session.8 (Duly seconded.)9
There are14 none opposed. Bill No. 110662 reported15 out of this Committee with a favorable16 recommendation and a request has been17 made for rules suspension to allow for18 first reading at our next Council19 session.20 Thank you very much for your21 attention. Have a nice day.22 (Committee on Rules concluded23 at 12:00 p.m.)24 - - -25 59 1 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on November 16, 2011, and7 that this is a true and correct transcript of8 same.9 10 11 12 13 --------------------14 MICHELE L. MURPHY15 RPR-Notary Public16 17 18 19 (The foregoing certification of this20 transcript does not apply to any reproduction21 of the same by any means, unless under the22 direct control and/or supervision of the23 certifying reporter.)24 25