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Minutes

Committee Hearing, September 21, 2005

Philadelphia City Council Committee HearingsSep 21, 2005

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COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, September 21, 2005 10:35 a.m. - - - Bill 050660 PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN JAMES F. KENNEY COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN BLONDELL REYNOLDS BROWN - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2 9/21/05 - RULES - BILL 050660

Council President Verna

Good morning, everyone. May I have everyone's attention, please. We are running late and I know that many of you have been sitting here. This is the continued public hearing of the Committee on Rules regarding Bill No. 050660. Last Thursday morning we did in fact have a quorum, and this morning with us we have Councilwoman Brown, Councilman O'Neill, Councilwoman Miller and, of course, myself. So is there anyone who would like to be recognized? The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I'd like to make a statement.

Council President Verna

Fine.

Councilwoman Blackwell

Thank you. As everyone here knows, this is 3 9/21/05 - RULES - BILL 050660 regarding Bill No. 050660, 44th and Aspen Street Urban Renewal. Again, good morning. We want to thank the ministers who are here. We have Pastor Hensford from Ward AME, Father Okonski in from St. Ignatius, and others, and we thank you all again for attending the continuation of the public hearing regarding Bill No. 10 050660. As many of you know, we have been actively involved in working at the Wanamaker School to help welcome the victims of Hurricane Katrina to our City. Since the evacuees have arrived, public perception has really tried to divide the need to service this community against our need to service our most vulnerable populations, such as the homeless, the unemployed, the working poor and others with specific needs. In effect, pitting the poor against the poor. This should not happen. One community should not fight another. Instead, we need to stand unified and 4 9/21/05 - RULES - BILL 050660 fighting for public dollars for community development, urban areas as well as for those emergencies that can occur anywhere in the world that as a moral community we have to consider. Over the past decade, we've had more neighborhood investment in West Philadelphia even than in Center City. This is a reflection of our strong neighborhood civic associations, community pride, our ability to stick together, and the constant and visual battle to do all we can to improve our neighborhoods and neighborhood development throughout the City. As you know, Madam President, we also have a new committee, Housing, Neighborhood Development and the Homeless, to deal with these issues as they affect our City that the entire City Council voted to adopt. When originally approached about the Mill Creek Hope VI project, later named Lucien E. Blackwell Homes, 5 9/21/05 - RULES - BILL 050660 about 778 new affordable units, I was excited. Finally, we had an opportunity to reward those who had stayed in neighborhoods, blighted neighborhoods, and not moved out to the suburbs or other parts of the country, with neighborhood improvements finally having a chance to become a reality. In this excitement apparently with regard to this project, which was initially passed in June right before we recessed, some people did not know, for one reason or another, and did not feel that they were made aware of benefits that potentially could affect them as homeowners, renters or investment individuals. Our goal is now and has always been to reduce blight, to remove vacant abandoned homes and nuisance lots through the transformation of these into beautiful homes for families and seniors and young people just beginning, to help stabilize their lives and our community. 6 9/21/05 - RULES - BILL 050660 To this end, I am requesting that the Redevelopment Authority, if the ordinance passes, not acquire any owner-occupied property unless that owner so desires to have the property acquired and receive the benefits entitled to him or her under the Uniform Relocation Act, URA. In addition, we are requesting that the following properties, if the ordinance passes, not be acquired. And I would also ask after I read these properties, again, for all of those who are here, we say we have asked that all owner-occupied properties be exempted unless an owner wants to accrue those benefits under the Uniform Relocation Act, and we're asking in addition to those, these are other properties that churches have approached us about or individuals, these are others, for example, where people have tried to rehab or are interested in, and we read those into the record so that all of you who 7 9/21/05 - RULES - BILL 050660 are here will know these will not be included in this application.

Councilwoman Blackwell

4303 Haverford Avenue, 703 North 42nd Street, 4205 Wallace Street, 4216 Aspen Street, 4304 Aspen Street, 4116 to 4120 Haverford Avenue, 646 North 42nd Street, 646 North 43rd Street, 707 North 42nd Street, 746 and 748 North Brooklyn Street, 742 North Brooklyn Street, 641 North 43rd Street, 678 North 42nd Street, 868 North 45th Street, 4310-18 Brown Street, 4317-19 Aspen Street, 785 North 44th Street. These owners have shown interest and proof that they have begun renovations or are about to do so. And let me finally say, Madam President, that we want to thank Father Okonski for opening up the Mill Creek PAL Center for meetings for the past two nights and thank Pastor Hensford for chairing the meeting last night, Pastor Bryant and all other ministers who are here assembled, as well as those 8 9/21/05 - RULES - BILL 050660 residents of this community. I hope that this will help resolve this issue. It means to those owner-occupied properties that if your property is taken out of this application, the community runs the risk of having new versus old and it means that your property is not considered for any kind of redevelopment assistance, so you will understand that when we exempt your property, it is exempted from all, so that there aren't questions in that regard, and I would ask -- Alisa is here to my right, if she would stand up. If there are any issues, Madam President, in the interest of time, anybody who has any questions, if you will stand to my right, certainly we will be happy to see you, and I hope that won't be too many today. Thank you very much.

Council President Verna

You're welcome. Is there anyone in the audience 9 9/21/05 - RULES - BILL 050660 who would like to be heard, who would like to testify? Please approach the witness table, kindly identify yourself for the record and proceed with your testimony.

Ms. Rose Phillips

Good morning, everybody.

Council President Verna

Good morning. Welcome.

Ms. Rose Phillips

Dear Madam President -- this is from the community. I'm reading it. It's from all of us and also the people that couldn't be here because they have to work or have appointments, whatever. In compliance with your recommendation, Councilwoman Blackwell held a meeting on September 19, 2005 at 6:00 p.m. with the residents, homeowners, business owners and church leaders regarding the Mill Creek Urban Renewal project, also known as the Lucien E. Blackwell Homes, Phase III. In addition to Councilwoman 10 9/21/05 - RULES - BILL 050660 Blackwell and five to six members of her staff, Michael Johns, Carl Greene and eight members of their staff from the Philadelphia Housing Authority, Herb Wetzel and Michael Koonce, the Redevelopment Authority, and State Representative Thomas Blackwell were present. Throughout the two-hour meeting, the attendees were instructed in the following matter: Inform the PHA's strategic plans for West Philadelphia and its goal to make their, PHA's, dream, Phase I to IV, a reality. PHA's focus on the tax credit application for funding regarding 50 units, public housing for the community, conflicting statements regarding the possibility to fix up some of the homes, Councilwomen Blackwell, and opportunities for people to stay in the neighborhood. That was Mr. Greene. Fair treatment, Mr. Greene. The number of occupied homes 11 9/21/05 - RULES - BILL 050660 varied from 30 to 32. The number of vacant homes, lots and shells estimated at 345. Documentation was unavailable from Mr. Johns from PHA and Mr. Koonce from the Redevelopment Authority. No 7 opportunity for a full attendance group question-and-answer period. Emphasis was placed on PHA's desire to secure the safety of the seniors who reside within the area as 161 housing units and shops on Lancaster Avenue. Thus, PHA's target areas are 44th Street to 40th Street from Haverford Avenue to Lancaster, which the residents don't think they need all of that. Okay? Madam President, although it was your intent that a community meeting be held to address the issue and concerns of the homeowners, renters, business owners and church leaders, this did not occur. Councilwoman Blackwell and her presenter spoke at and not to the attendees, and little, if any, effort was made to alleviate the fears of those who 12 9/21/05 - RULES - BILL 050660 attended regarding the displacement and property purchase plans of PHA and the Redevelopment Authority. Thus, a community meeting was held by the homeowners, renters, church leaders and business owners on 9/20/05, which was last night. In addition, members of the community, homeowners, renters, business owners and church leaders appear before you and the Committee today to further address and seek your guidance regarding this matter. PHA should not be granted another opportunity to displace citizens of this City, nor should they be allowed to implement a strategic plan without the input of the community members. The Redevelopment Authority of the City of Philadelphia should not follow the lead of PHA without investigating PHA's actions with the community and its impact on businesses, renters and homeowners. 13 9/21/05 - RULES - BILL 050660 As Councilwoman Blackwell stated, that she is here to serve and we care about you, she too must be held accountable for her actions and support of PHA projects which did not include input from the community. Thank you.

Council President Verna

Your opening statement was that you are representing the entire community.

Ms. Rose Phillips

Yes.

Council President Verna

Do you have a petition of the people that went to the meeting last evening as to who was in favor or opposed to this particular bill?

Ms. Rose Phillips

To my knowledge, everybody was.

Council President Verna

I beg your pardon?

Ms. Rose Phillips

I don't have a petition, no. 24

Council President Verna

Well, does Councilwoman Blackwell know who 14 9/21/05 - RULES - BILL 050660 is --

Councilwoman Blackwell

Madam President, we have already said that we will exempt owner-occupied properties, so I have no idea -- I don't know what your request is.

Ms. Rose Phillips

Well, when this was written, the person that wrote it and the people in the community did not know that homeowners that were residents in their own homes were exempt. This is something new. We did not know that. This was not told to us on Monday night.

Councilwoman Blackwell

Thank you.

Ms. Rose Phillips

And, yes, there is a petition here.

Council President Verna

That was taken last evening?

Ms. Rose Phillips

Yes.

Council President Verna

It was signed last evening?

Ms. Rose Phillips

Yes. 15 9/21/05 - RULES - BILL 050660

Council President Verna

I would suggest, then, that you give that petition to Councilwoman Blackwell so that she's fully aware --

Ms. Rose Phillips

Okay.

Council President Verna

-- as to who is in favor or opposed.

Ms. Rose Phillips

Okay.

Councilwoman Blackwell

Madam President, I've just been told that's a sign-in sheet. So I don't know if a sign-in sheet is -- we're happy to take it, but that's different than people saying something else. But, Alisa, would you take that sign-in sheet? We're happy to take that, and we thank you for coming.

Ms. Rose Phillips

She's absolutely right, it is a sign-in sheet.

Council President Verna

It is a sign-in sheet?

Ms. Rose Phillips

Yes. I looked at it. It is a sign-in sheet. 16 9/21/05 - RULES - BILL 050660

Council President Verna

That's not what I was referring to.

Ms. Rose Phillips

So what you want is a petition?

Council President Verna

No. 7 I think you have to deal with Councilwoman Blackwell's office.

Councilwoman Blackwell

We are happy to talk with anyone. Thank you.

Council President Verna

Does anyone have any questions or comments of -- just a moment, please, madam.

Councilwoman Blackwell

You asked us to take the list and now you withdrew it. If you want us to take the list, we're happy to.

Council President Verna

Do you mind approaching the witness table, please, again. I didn't realize that Councilwoman Miller had a question. The Chair recognizes Councilwoman Miller.

Councilwoman Miller

Good morning. How are you? 17 9/21/05 - RULES - BILL 050660

Ms. Rose Phillips

Good morning.

Councilwoman Miller

Can you identify yourself again?

Ms. Rose Phillips

My name is Rose Phillips.

Councilwoman Miller

Rose Phillips, okay. Ms. Phillips, the statement that Councilwoman Blackwell read this morning about exempting homeowners, would that have an impact on your statement?

Ms. Rose Phillips

I'm sure it would on some things, yes. I'm sure it would. But, like I said, we didn't know about that last night when we had the meeting.

Councilwoman Miller

Okay. Thank you.

Council President Verna

Thank you.

Ms. Rose Phillips

Thank you.

Council President Verna

Good morning. Please identify yourself. 18 9/21/05 - RULES - BILL 050660 MR. MICHAEL McCLEARY: Good morning, Madam President, and to City Council. My name is Michael McCleary. I'm a committee --

Council President Verna

Michael? MR. MICHAEL McCLEARY: McCleary.

Council President Verna

Mr. McCleary, do you mind pulling the microphone closer? Thank you. MR. MICHAEL McCLEARY: I'm the committee person for the Sixth Ward and the Fifth Division. I'm also the President of Brooklyn Street Civic Association, and along with the members of the Sixth Ward and Fifth Division, the people of Aspen Street Urban Renewal development, I'm here to represent them and to voice their opinion. First, I'm going to bring you up to speed from the meeting we held last night. Yes, we do oppose the Redevelopment Authority occupying and 19 9/21/05 - RULES - BILL 050660 taking the properties in our ward. There was no information given. There was no 4 fair prices given. There was no 5 consideration given to our senior citizens for their placement and their property. That was the first thing that was brought to our attention, and we, the members here, last night voted to take and protest this meeting. On a side-bar meeting with Ms. Blackwell this morning, she told us that she was going to take and exempt the owned properties from the Redevelopment Authority taking their properties. It had been brought to my attention as of now that we do have a victory. The thing that's also been brought to my attention is that the homeowners on the 4400 block of Haverford Avenue to Aspen Street is not getting -- the senior citizens in that block is not getting a fair share equity market for their property and that the people that's on the 600 block of Hutton Street are the 20 9/21/05 - RULES - BILL 050660 four cases that I can stand here and protest against the property being taken from them. The other thing that's brought to my attention is that the owner investment properties is also being taken from people that are homeowners and have investment property there. Their property was not also listed or exempt from the taking of the -- for the Redevelopment Authority. And my contention is now to continue to have a meeting with the Redevelopment Authority to explain to us exactly and to have our properties exempt for the homeowners that want to take and keep their property and the investment people that's here with us today that want to take -- maintain their property. And for the senior citizens that's on this list here that's on the 4400 block -- 4300 block of Haverford Avenue, the 600 block of Hutton Street and the people that's on the North 43rd 21 9/21/05 - RULES - BILL 050660 Street, some of them properties that was listed that are exempt, two of them is vacant lots, from my contention of my list. And, yes, we did take and sign a sign-in sheet and that's what it was, but it was also a sheet that when I asked them what was their pleasure, they asked that we take and vote no to the Redevelopment Authority, and that's why I'm here this morning, to give you our contentions -- they asked me to represent them, and I'm going to speak for my senior citizens and the investment properties that are being considered to be taken over by the Redevelopment Authority. That's a no vote. We also want to take and thank Councilwoman Blackwell for exempting the properties that we side-barred this morning for, and that's a win-win situation. The thing that we want to take and look at now is, have -- I need to 22 9/21/05 - RULES - BILL 050660 have another person from the committee that's going to speak after me, but this is --

Councilwoman Blackwell

Madam President, we want to thank Mr. McCleary, and we note that out of 32 owner-occupied properties, we've taken out 25. So we've tried to work with this community. We're all one neighborhood. All wards are mine, and we're happy to represent them and work with them. If there are other concerns, we believe that we can deal with them separately apart from the Committee and work out any other individual concerns that they may have. MR. MICHAEL McCLEARY: Can I ask my committee who I represent what's their pleasure?

Council President Verna

How will this affect the proposed project?

Councilwoman Blackwell

Madam President, we are hopeful that we can work out enough in order to complete the 23 9/21/05 - RULES - BILL 050660 requirements of this package. At this moment, we are not sure that exists, but we wanted to try to -- there's been some confusion and some people going throughout the community frightening seniors, trying to undermine the project for who knows what reason, and so we've exempted all of these, hoping we can work this out on our end, because we didn't want the community not to feel we were with them. So we're not sure how this is going to affect the property, because we're not sure that we have enough for the application. But having said that, we wanted to respect this community and let them know that they need not fear from us or from this Committee or Council, and so we're trying to do the best we can to work it out, because so many people are saying they didn't know, and we regret that happened. I don't know why it happened. I know we passed this at the end of June. We reported it 24 9/21/05 - RULES - BILL 050660 out. So we're happy to try to work with them and hope that they will come to the side and deal with any other issues that they may have.

Ms. Lisa Jones

Good morning. My name is Lisa Jones. I'm a homeowner on the 600 block of Preston. I was at the meeting last night. I applaud Jannie Blackwell for what she was saying today about assisting. We did take and sign in and we did say that we wanted to say no at this particular time, from my understanding, no at this particular time about them going forth and doing anything else until we do meet and get a better understanding about what's going to happen to the homeowners, what's going to happen to the seniors. Even though the gentleman from PHA had came out and the different people from the Housing Authority, it was just too chaotic. The intention was good, but 25 9/21/05 - RULES - BILL 050660 it was too chaotic, because we was moving. We need time to sit down and chew on this. This is our homes. We need time to ask questions after questions and get them answered so we can really understand. I don't want to be put on an exempt list, because I'm not sure -- I may decide to move or want to move, and I would like to have that option. But then I may want to stay. But I need a little more time. I believe that's what the homeowners are saying. Can we have a little more time so we can get some legal representation just to give us a broader understanding about what's going to happen? Because we know what they said they're going to do. I read what was in this booklet, but there's still questions that came up. So I'm just asking for time to get an understanding before we say yes or no with it. And it was not -- I didn't know 9/21/05 - RULES - BILL 050660 that that was a vote. It was more so -- I thought that we was going to all send out information to the political people we need to send it to to let them know, stop this right now until we get a better understanding. We're more so saying stop it for the moment so we can understand exactly what's going on and make a better choice on --

Councilwoman Blackwell

Madam President --

Ms. Lisa Jones

Because we welcome -- I welcome this redevelopment. I welcome it. I've been there a long time and been waiting for it, but I want to be part of it and understand that I have a choice in the matter of staying or leaving and whether it's going to benefit my family.

Council President Verna

Thank you. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Could 27 9/21/05 - RULES - BILL 050660 we have Pastor Hensford, Pastor of Ward AME Church, 43rd and Aspen, speak. Thank you for your comments.

Council President Verna

Good morning. Welcome. Please identify yourself for the record.

Pastor Hensford

Yes. Terrence Hensford. I am the Pastor of Ward AME Church, 43rd and Aspen. After the meeting on Monday evening -- rather, at the meeting on Monday evening, as a Pastor in the community, I sensed the tension, the extreme tension among the owners. I sensed that there was a lack of understanding of what is going on. I sensed that persons felt that they were being put upon rather quickly, and as a Pastor, I invited the residents, especially the owners, to meet last night so that we may not address the legal issues, because we are not familiar with them to that extent, but we wanted to help the residents to engage in a more 28 9/21/05 - RULES - BILL 050660 peaceful process. And so we had a wonderful meeting last night. Persons basically signed in so that we can get a sense of who was there. There was no vote taken about anything. We instructed the individual owners to respond to the City Councilwoman's office, the Redevelopment Authority, the Housing Authority in terms of individual questions regarding their properties, but the meeting was basically so that we can come to a more peaceful understanding of what this redevelopment means for the community. I believe that the community, the residents, are willing to continue this kind of conversation. Inasmuch as we heard the statement from Councilwoman Jannie Blackwell this morning, this is a great victory for the community and all of the properties that have been lifted. This is a great victory. So regarding other statements that have been made, we know the meeting 29 9/21/05 - RULES - BILL 050660 from last night -- we know nothing with all of that. We do know that this is a great victory for us. We are grateful to our Councilwoman and we can proceed as community residents and concerned people from here.

Council President Verna

Thank you very much.

Pastor Hensford

Yes.

Council President Verna

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

Council President Verna

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

Councilwoman Blackwell

Madam President, this is not part of this application. Her properties are in no 20 way -- this is not part of this application at all. I know the applicant --

Ms. Shirley Chapman

Madam President?

Councilwoman Blackwell

-- but 30 9/21/05 - RULES - BILL 050660 it is not part of this application.

Ms. Shirley Chapman

Madam President?

Council President Verna

Yes.

Ms. Shirley Chapman

I'm opposed to this bill because of the misuse of eminent domain. I have a store --

Councilwoman Blackwell

It's not part of this application. We're happy to hear her speak, Madam President, but I say to members of the Committee, her issue is separate and apart and has nothing at all to do with what's before us. Nothing.

Ms. Shirley Chapman

Madam President, I would like to speak. I have a personal case that I would like to make the citizens of Philadelphia and City Council aware of of a misuse of eminent domain. I'm a citizen of this City and I would like to be heard.

Council President Verna

Does your testimony have anything to do with 31 9/21/05 - RULES - BILL 050660 Bill No. 050660?

Ms. Shirley Chapman

It has to do with the abuse of eminent domain. I'm only asking for five minutes. It is my right.

Council President Verna

If you could be briefer than that, we'd appreciate it.

Ms. Shirley Chapman

Beg your pardon?

Council President Verna

If you could be briefer than five minutes, we'd appreciate it.

Ms. Shirley Chapman

I think every aspect of my testimony is important. I would read as quickly as I can.

Council President Verna

Thank you.

Ms. Shirley Chapman

I'd like to thank City Council for the opportunity to submit testimony regarding the use of eminent domain. My name is Shirley Chapman. I wish to share the nightmare 32 9/21/05 - RULES - BILL 050660 that has become the most disappointing two years of my life. I respectfully request that you stop confiscating our properties and correct the injustices regarding property rights that have occurred over the last several years in Philadelphia. Here are the facts: The property that I purchased in 1980 is located in the 3800 block of Haverford Avenue. There is one structure divided into 13 separate addresses that currently has a mixture of occupied and unoccupied units. This business is my primary source of income and from this location I operate my real estate management office, Continuum Space Developers, which is staffed six to seven days per week. Therefore, I was outraged upon receipt of a court document indicating that the City of Philadelphia had confiscated my property. Years ago, as a firm believer in the American ethics of hard work, I 33 9/21/05 - RULES - BILL 050660 set out to develop these properties into quality low-income housing. Many of the tenants are lower echelon staff members of the nearby universities and many have been long-term residents. To provide a decent and affordable place to live, I have invested over $500,000 in maintenance, repairs and renovations. The Mantua area has been depressed, drug infested and redlined for innumerable years. Although equipped with an excellent credit rating, employment income and other assets, because of the area's decline, I could not get the entire amount of $3 million necessary to complete the renovation of 78 units, nor were the banks interested in financing an additional 1 million for a laundromat and multi-purpose room that would be available for rental. However, this did not stop me. I started renovating the properties building by building, apartment unit by apartment unit. 34 9/21/05 - RULES - BILL 050660 In 2003, I received private funding to complete Phase I of my project and was well on my way to obtain the financing for Phase II, which would have completed all of the units. While it has been a struggle, the grace of God sustained me. I believed in this development project and I knew that it had tremendous potential. It is located closely to Center City and two of the major universities in the area. It is convenient to public transportation and access routes. There has been a lot of interest in my properties. Some ten years ago Councilwoman Blackwell contacted me about using my properties for low-income families, and shortly thereafter the People's Emergency Center, a non-profit social service agency, expressed interest in the real estate. Many other traditional real estate developers have approached me with offers to buy as well. I refused any and all 35 9/21/05 - RULES - BILL 050660 offers. As a law-abiding property owner and real estate developer, I wanted to develop my properties. When Councilwoman Blackwell toured my properties a decade ago, she indicated it had great potential, yet she would not engage in any further discussions regarding its development. Now, according to neighborhood development plans for Mantua, my property will be given to the People's Emergency Center for redevelopment. At the very beginning of this ordeal, I was told that if I provided written plans, there would be no 17 condemnation of my properties. Therefore, at the Councilwoman's request, I have presented my plans for development and proven my ability to obtain private funding to do this project, but this did not influence her decision. Numerous phone calls from community activists and others eventually secured a verbal promise from Mrs. Blackwell's office that 36 9/21/05 - RULES - BILL 050660 my properties would be released from condemnation by way of formal letter. To date, no letter releasing the properties has been received.

Ms. Shirley Chapman

Recently I was reassured that the occupied units would be released and reinvested back to me. I am pleased to receive the occupied units, but my question is, why can't I have all my properties? I stand ready, willing and able to help transform one of the City's most depressed neighborhoods and participate as an equal partner in its economic renewal. My actions for the past years support this contention. 17 Therefore, why am I being denied this 18 right? 19 I submit that the taking of my 20 property by eminent domain with plans to 21 transfer to another private party, 22 People's Emergency Center, is an abuse of 23 eminent domain. Since the property will 24 not be put to a higher use but simply the 25 same use, eminent domain is being used 37 9/21/05 - RULES - BILL 050660 solely for the purpose of changing ownership. This is a blatant misuse of government power. There has been a public outcry across this country against the use of eminent domain to take property from one private party for the benefit of another private party. Since the Supreme's Court decision in Kelo versus City of New London, the federal and state legislators across the country are holding hearings and introducing bills to combat the abuse of eminent domain, with significant bipartisan support. In essence, the current laws allow a handful of elected officials and their financial supporters to nullify the concept of private land ownership. How is it in the public interest that a law would take my property for uses that would be exactly the same? Furthermore, I object to a government agency being empowered to take the land from a private land owner simply 38 9/21/05 - RULES - BILL 050660 because it thinks that another private entity is more worthy to own the land than the present land owner. Please let me develop my properties. Please stop the current practice of taking our land to give to another private entity, depriving us of future economic benefits. This giving of the spoils to the politically connected developers is arbitrary and capricious. And please correct the injustices done to me. Give me back my land. Please let us build a legacy for our families, a legacy built on the property rights that undergirded our nation's Constitution. Please restore the American dream and the sacredness and security of each one of our properties. Thank you very much for your time. )

Council President Verna

You're welcome. Just a moment, please. Just a moment, please. 39 9/21/05 - RULES - BILL 050660 The Chair at this time recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. It's great that you have a district where we've got enough development going where we have everybody wanting the same land, but in this specific instance, we worked on this -- I toured every unit in this building back when Wilson Goode was Mayor. That's how far back this goes. Bill Partial was head of OESS. We toured every unit and tried to work out a project, because we wanted to try to use them for the OESS program. Ms. Chapman did not respond. As all of you know, eminent domain does not allow you to just take property. We tried to get in touch with her for ten years, and unfortunately, she wouldn't respond. We tried, we tried, we tried. You know how much this Council talks about minority and female and community ownership and development in 40 9/21/05 - RULES - BILL 050660 terms of private business and how much we fought for that. We tried and tried and tried. Heard nothing. Finally, People's Emergency Center, as all of you know, is the oldest shelter in the state and they entered into an agreement with Pennrose Properties to do cloisters too on that site. After RDA acquired this, after all of these years, then Ms. Chapman surfaces and comes to every meeting we have in any way talking about housing and started trying to do a little bit of work to put in some windows and put people in properties on either end just to destroy the design of the whole block. We said okay. We said okay. Herb Wetzel even suggested it, let us try to give her back those properties where she put some windows in it and has shown an effort, even though the City didn't have to, because after all these years, we have acquired it. 41 9/21/05 - RULES - BILL 050660 We're willing to give -- and it's a third to a half of the properties we've agreed to give her back where she has put people, wrongly so, in these properties. Now, these are issues that the Redevelopment Authority doesn't have to do, but, nonetheless, Ms. Chapman comes to every meeting now and has something to say, has all these people calling me, has no wherewithal to fix them up, has not produced any of these documents, and just fights about this. For ten years, we tried to get a hold of her. And as I said, she still doesn't have the wherewithal to do it. We've still, in spite of all of that, have exempted properties where she's moved people in. It's either a third or a half the properties that she owns. And we feel, Madam President, it's just time to move on. We've been more than fair. And I regret that she just would not make herself available for ten years. I'm 42 9/21/05 - RULES - BILL 050660 talking about Wilson Goode Administration --

Ms. Shirley Chapman

Madam --

Councilwoman Blackwell

-- and we just have to move on. Madam President, I'd like not to debate the issue. I think she's had her chance to say --

Ms. Shirley Chapman

I would like to respond.

Councilwoman Blackwell

-- and I don't want a response.

Ms. Shirley Chapman

I would like to respond to your accusations, please.

Councilwoman Blackwell

Madam President, I don't think that Councilpeople have to say --

Ms. Shirley Chapman

Why can I not respond?

Councilwoman Blackwell

No. 23

Ms. Shirley Chapman

First of all, I would just like to say --

Councilwoman Blackwell

Madam 43 9/21/05 - RULES - BILL 050660 President.

Council President Verna

I think we gave you the courtesy to testify.

Ms. Shirley Chapman

Please let me respond.

Council President Verna

Just a moment, please. I think we gave you the courtesy to testify despite the fact that you are not testifying on the particular bill that's in front of us today. If you have an issue about a certain property, I suggest you speak to the District Councilperson, and I just think that this has to come to a close. Thank you very much for coming in. We appreciate it.

Ms. Shirley Chapman

Thank you for giving me the opportunity to speak.

Council President Verna

At this time, I would like to ask Mr. Wetzel to please approach the witness table.

Ms. Shirley Chapman

I would 44 9/21/05 - RULES - BILL 050660 just say that it is not true.

Council President Verna

Mr. Wetzel, you heard Councilwoman Blackwell testify to the fact that there are 35 properties that were being considered. Twenty-five apparently are being called out, and there may be even more. I do believe that if we were to in fact remove the properties from the bill 11 before us today, then the entire bill 12 would not be legal. Is that true?

Mr. Wetzel

That is correct.

Council President Verna

And I do know that in the past that we have called you to the witness table and you have given your firm commitment for the record that anyone who does not wish to have their property taken, that you would actually abide by that.

Mr. Wetzel

That is correct. And in this situation, and as always, if the Councilperson whose district the legislation comes from asks us not to acquire certain properties, we have gone 45 9/21/05 - RULES - BILL 050660 on the record, and I'm going on the record now, that we will honor the request of Councilwoman Blackwell to not acquire any owner-occupied unit or any of the units that she read into the record today.

Council President Verna

Thank you. And in view of that -- I'm sorry. Sir, did you want to add anything? Do you want to add anything to the record?

Mr. Morris

Sure, Council President. Vincent Morris representing the Philadelphia Housing Authority. We're just here to agree that whatever request Councilwoman Blackwell makes with regard to removing properties from the list of properties today, we agree with, and we'll work along with the Redevelopment Authority to make sure that any of those properties that need to be removed to anybody that's been made unwhole in that situation, we'll work with the Redevelopment Authority to make 46 9/21/05 - RULES - BILL 050660 them whole.

Council President Verna

Mr. Wetzel, when you testified, I don't recall if you had asked for a suspension of the rules on this.

Mr. Wetzel

Yes, I did.

Council President Verna

Councilwoman, was there a request for a suspension or did you want more time to --

Councilwoman Blackwell

We're requesting a suspension of the rules. Time is of the essence. I regret to those who would like lawyers and all of that. We don't have the time, or we miss the opportunity to acquire millions of dollars to revitalize this area.

Council President Verna

Very well. Thank you.

Mr. Wetzel

Thank you, Madam Chairperson.

Mr. Morris

Thank you, Madam President. 47 9/21/05 - RULES - BILL 050660

Council President Verna

Thank you. Is there anyone else who would like to testify? (No response.)

Council President Verna

Seeing no one, this will conclude our public hearing. We will now go into our public meeting, and the Chair recognizes Councilwoman Miller.

Councilwoman Miller

I move that Bill No. 050660 be reported out of this committee with a favorable recommendation and further request 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 properly seconded that Bill No. 050660 be reported out of committee with a favorable recommendation. Also, a recommendation that the rules of Council be suspended so 48 9/21/05 - RULES - BILL 050660 as to permit first reading at our next session of Council. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The motion carries, and this concludes our public meeting. Thank you very much. (Committee on Rules concluded at 11:20 a.m.) - - - 49 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on September 21, 2005, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-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.)