Thank you very much for this opportunity. I'm Margherita Larson. I live at 511 Woodland Terrace, Philadelphia 19104, and I have paid all my taxes, and I thank you for everything you do for us, because I can say that I'm a veteran of a fight to save a historic neighborhood in which we were immensely helped by Mrs. Blackwell with her intelligence and understanding of what a historic neighborhood required. Now, the sign that is proposed, the six-story sign that is proposed for the Benjamin Franklin Bridge, is in a project that is not in my neighborhood and that the neighborhood does not oppose per se, but the sign is on a major gateway to my city, and my city, our city, which you protect, happens to be a hallowed city, the first capital of the United States. This is a major gateway for all the visitors to our city. And apart from the very important issues of safety and ecological issues that have been mentioned, this is going to be a true outrage for those who come to the hallowed ground of Independence Mall. I would repeat that the distraction that the sign, a moving sign six stories high, would bring to drivers would be compounded by the fact that we often change the lanes on Benjamin Franklin Bridge without any rail guard in between them. I think that issues of safety, issues of ecological waste, issues of energy and issues of preserving what is so important in our city would command that you do not go with the spot zoning. I urge you not to do this. It opens a terrible ground and it really -I'm afraid that it will establish precedent. Thank you for hearing me.
Thank you. The Chief Clerk will please call the next speaker.
Good morning. Darrell Zaslow, 7212 Frankford Avenue, Philadelphia 19135. I am a Philadelphia taxpayer. Madam President, members of Council, I'm here with one last opportunity to persuade you to legislatively correct your compliance with the Sunshine Law. By now I'm sure you've all read the law and are familiar with it. It requires that you provide for public comment on matters of concern which may come before the Council and matters of concern and official action which are before the Council. By restricting the public comment to only matters of concern which are in front of you today and not matters of concern which the public may feel is important, I believe you are in violation yet of the Sunshine Law. Every municipality in the state provides for that. Pittsburgh's rules and regulations incorporate exactly the Sunshine Law. City of Reading provides for public comment on agenda items first, non-agenda items after that. What is the reason for your decision here to not allow public comment on matters of concern which may be before you and are important to members of the public? It cannot be for matters of time. It cannot be for matters of time. You have a very vocal towers group that came here last week, thousands of members. They were respectful. They came with three people. I represent thousands of property owners. They've sent a single representative, me. In addition, members of Council, you begin your meetings with a beautiful ceremony of giving awards and resolutions and public recognition 10, 15, 20 minutes, wonderful, well deserved, a lot of fun this morning. You have time for that. Give the same time for citizens to come before you on matters of concern to them. Now, you have a very able, superbly competent President who wheels the gavel in a special way, unique in our entire Commonwealth. Surely she will keep these meetings on track as to subject matter and time. I know of only one Pennsylvania appellate case on the issue, and that issue is where some resident wanted to come before a City Council and complain about something the Chief of Police said 14 years before, and the court said that that is not something which City Council needs to hear, it's not relevant from 14 years ago. They did say, however, how important it is that this language matters. "Which may be of concern to the public" is a very broad issue indeed. I would urge your compliance with the Sunshine Law, not just because the law requires it, but because Council will benefit from it. I implore you, let's not put this to another judicial test. Let's not spend another three years wrangling up and down the court system. Let's give the people three minutes to bring to you matters of importance to them, matters which may be of concern and may ultimately come before you. I thank you very much, Madam President, for all of your efforts on these Sunshine Law matters.
Madam President, I have ten seconds left. It's the last day of Hanukkah. May I -
I say with my last ten seconds, it's the last day of Hanukkah and I wanted to wish those of who are looking forward to Christmas a very merry Christmas and spiritual holiday. Thank you, Madam President.
Good morning, Madam President and members of City Council. I'm Rick Remington. I manage Public and Government Affairs for AAA Mid-Atlantic and I'm a Philadelphia City taxpayer. On behalf of AAA's 700,000 Philadelphia members, I'm here today to voice AAA's opposition to a provision in zoning Bill 100552 that would allow the installation of an electronic billboard flashing advertisements at motorists as they cross the Ben Franklin Bridge. Greeting visitors to historic Philadelphia with a Jerry Jones style video screen sends the wrong message on traffic safety. Such a sign presents a safety hazard to motorists as they weave their way through heavy traffic and negotiate tight turns trying to enter the City. For those leaving the City, the safety hazard would be posed as flashing lights suddenly appear in their rear-view mirror. This is not just a Philadelphia issue. AAA across the United States opposes the use of such electronic billboards that utilize flashing lights or rather a highly distracting activity in order to present a commercial message. We do support electric signs that provide traffic advisory information. Many of you are no doubt aware of the increased attention that is focused recently on distracted driving, such as texting or using a cell phone while driving. In similar vein, these electronic billboards are another form of distraction which diverts motorists from the job at hand, which is keeping their eyes and their minds on the road. According to the federal government, 20 percent of highway fatalities, 6,000 lives a year, are caused by some form of driving distraction. In the interest of highway safety, we urge City Council to eliminate this provision from the bill. Thank you.
I also live at 3rd and Race and I'm here to voice my opposition to the billboard. I just want to tell you a little story about how I moved to the area. Back in 2000, I was looking for a place to buy my own. I had finally saved up enough money. I wanted to live in historical Center City. My friends said, You want to live in that dump? Where at? I said, 3rd and Race. And they said, Isn't that the corner where that sleazy Black Banana club is? And if you're not familiar, yes, it was sleazy and it was very symbolic of how the entire area was dilapidated at that time. But when I went down to look at the area, I saw that an art gallery had replaced it, and actually that the area had made much progress and recovery. So I moved down there, and the recovery for the neighborhood continued over the years. We had the College of American Physicians built at 6th and Race. Then we had the National Constitution Center. Then we had the Metro Hospital, which if anybody saw it, it was like -- complete looked like it was going to fall down building, and now it's a beautiful condo complex. And, of course, we have the Franklin Park. And how did all this happen? It happened from the tax abatements and zoning laws that this City Council passed over the years, and I should add, extremely wise City Council who passed this over the years. I want to give you a quick applause for rebuilding our neighborhood. And now that you've done all that, that you've accomplished -- made this great accomplishment, now we're talking about putting a six-foot story sign on a new Black Banana that is one block away from where the old one is that says sleazy club complex right here. I don't get it. Neither should you. If you're going to do that, you may as well put a six-foot story thing right on City Hall that says you're at here, call City Council for details. I don't believe anyone here would do that, so you shouldn't be doing this to our neighborhood either. Thank you for your time.
Yes, sir. COUNCILMAN DiCICCO: I'm not sure. I certainly don't want to get into a debate with any of the folks who are here to testify. What is procedure? Because I do have a question for the last witness.
Certainly. Would the last witness please come up to the microphone. COUNCILMAN DiCICCO: I appreciate your coming here today and your testimony. I was just curious, are you opposed to the entire project or just the sign?
I'm opposed to the entire project. COUNCILMAN DiCICCO: The whole thing?
We have enough clubs in Center City as it is now. COUNCILMAN DiCICCO: It's -
If we can't get rid of the whole project, I at least don't want the sign advertised. COUNCILMAN DiCICCO: It's a hotel.
Isn't there also a club? COUNCILMAN DiCICCO: That was an erroneous flyer that had been put out in relationship to potential of 35,000 square feet of retail space that would be part of phase one of the development. It would be a hotel, with no more than 35,000 square feet that are not related to the hoteliers that could be divided into several types of retailers. It could be a deli. It could be a gift shop. The developer doesn't have any tenants in place. The 35,000 square feet came about when the developer had proposed the possibility of developing a bowling alley with the entertainment pieces that are with a bowling alley, a bar, a seating area and a dining area. That was, I believe, rejected by OCCA. So that's where that 35,000 square feet of entertainment was supposedly proposed, which eventually evolved into some people who want to kill this project stating that it was a nightclub. I helped with some of those things that you talked about that are made positive, and I know we're always going to have an issue on that sign. There are some people who are just against signs. There's some people who are not in favor of the sign on this building. I understand that. But I will not allow 15 years of my hard work in Old City to be destroyed by one project, which I think is a much-needed project not only for Old City but for the City of Philadelphia, because we need another 2,000 hotel rooms if our Convention Center is to be successful. So, again, I don't want to debate you, but that 35,000 square feet is not a nightclub and will never be a nightclub on my watch. Thank you.
Well, I'm glad to hear that. At the very least, though, I don't want a six-story billboard that makes it look like there's a sleazy club there. COUNCILMAN DiCICCO: We disagree on that issue, but it will be facing the bridge and you will not be able to see it from your residential property or any other residential property. The way it's going to be built, it will be shielded from residential properties. It will face the bridge only, and the only way you'll see it is if you're coming in from Jersey, New Jersey into Philadelphia.
How can a six-story billboard be hidden from the -COUNCILMAN DiCICCO: I would be more than happy to meet with you in my office to show you how it's designed into the building.
I look forward to that. Thank you. COUNCILMAN DiCICCO: Thank you.
You're welcome. The Clerk will please read the name of the next speaker.
Good afternoon, ma'am and Councilmembers. My name is Gary Pervines. I'm a convicted felon. I also own a tow company. My taxes is paid, and I send my kids to school and college. I have been driving tow trucks for over 20 years. My problem with the tow bill is that it's a lot of small businesses that's going to be affected and hurt, and I would just like to know what's going to happen to the convicted felons that can't drive a tow truck that haven't been locked up in over 20 years and what we're going to do for income? I'm 46. It's kind of late to be looking for a new career. And I just want to put it out there like that. Like everybody for a few bad apples, everybody shouldn't have to pay the price. Because I work hard. They never mention the good stuff that we do, help people, take people to hospitals, take people home, get up 3, 4, 5 o'clock in the morning. But that's our job, and we do it a lot of extended courtesy to these motorists. And I know a few of them have been abused by certain situations, but them companies should be dealt with individually, because like a lot of people like myself will be out of work, and then it's a shame, because I do pay taxes and I am a resident all my life in Philadelphia. And that's all that I have to say, because this bill with Parking Authority, I mean, the City has convicted felons, Parking Authority has convicted felons working for them. What are we going to do? What are we going to do? What are our taxes -- the City don't want our tax money no more? They'd rather have a conglomerate take over the small people. It's not fair, Madam, and I don't know what I want -- I mean, I don't know what to do after this. And I can't get a job. I got a CDL license, drive tractor-trailer or anything. But this is what I have to say, and I'm not going to burn your ear out, but that's it. Thank you.
Good morning. How you doing? My name is Charles Norton. I live at 51 East Cosgrove, Philadelphia, Pennsylvania 19144. I'm the owner of Norton's Tow Squad, a minority company for the City and State, certified. I just want to speak on that before City Council passes this bill, 100536, could they please look into maybe a Tow Advisory Board considering police, tow truck drivers, L&I before they pass this bill, because Parking Authority is just going to throw us to the wolves, and that's all I have to say.
Is there anyone else who wishes to provide public comment on today's agenda? Good morning. Please identify yourself.
Good morning, City Council. My name is Alphonzo Lee. I'm the owner of Heat Wave Towing and Recovery. I'm a resident of the City of Philadelphia, a taxpayer in the City of Philadelphia. I'm opposed to this bill that City Council is putting out. I would ask City Council to take this bill back and carefully review it. There are federal laws that this bill is in direct conflict with.
The tow bill that the City has out here for Parking Authority to take over.
And basically this is going to put a lot of people out of business. It's going to stop a lot of hiring in Philadelphia. It's going to have a trickle-down effect on the economy, because when you look at the tow industry, you also have the auto industry. You have auto parts. You have auto repair. And if you look at it, when they take these vehicles to Parking Authority, just the fact that there's a two percent sales tax in the City of Philadelphia, which is eight percent and the rest of the state is six, these insurance companies will take these vehicles outside the City to have repaired, which is going to hurt the economy in the City of Philadelphia, because these cars are going to be fixed in Bensalem, wherever. And if you look at it, how many other people is it going to hurt besides the tow industry? You have the guys in the auto parts. They're going to have to be laid off. You have the tow truck drivers who through some misfortunes of others are now paying the price. There are bad apples in every industry. You need to deal with the bad apples directly. There are bad apples in other industries, and historically they've been dealt with. You can't take a whole industry and punish them for a few bad apples. Thank you.
Good morning. My name is Nicholas Clark. I'm a Philadelphia resident. I moved to Philadelphia only this year and I now live in Councilwoman Blackwell's district. I'm also an attorney with SCRUB, but my testimony today regarding Bill 100552 reflects my individual concerns more than my legal or professional positions. I love cities, and now Philadelphia is my city. Because I want my city to thrive, I want this project to happen, but I want it to happen without the potential for large animated signage. Cities need vibrant spaces and economic opportunities. They need lawful activity that keeps eyes on the streets into the night, and they need an identity that draws talented people to move in to live, to work and to invest in them. Even as someone who doesn't live in Councilman DiCicco's district, doesn't drive and has never been on the Benjamin Franklin Bridge, Bill 100552 affects me because it affects my city. The Benjamin Franklin Bridge is a gateway to Philadelphia's downtown, and what incoming motorists, pedestrians, bus and PATCO passengers identify with this gateway, they will identify with Philadelphia. The animated digital signage that this bill permits will not meaningfully identify the City of Philadelphia. New Jerseyites traveling west on the bridge know they can find the glitz of animated signs 60 miles to the southeast. Philadelphia is a unique city whose appeal lies in its walkable communities and tree-lined bikeable streets, its green spaces, its place in American history and its ability to comingle the contributions of diverse ethnic populations, not in its ability to deliver flashy messages bigger and brighter. This project is a good one mostly. This parcel should be developed with commercial, residential and entertainment uses. Vibrant mixed-use development brings investment and helps to make urban places safer and more livable. I recognize that this development will need to advertise in order to garner the sort of economic activity it will need to thrive, but I don't want the challenge of having to explain away the dangerous eyesore that greets visitors to my city if this project is constructed with large digital animated signage. Because the bridge is a gateway to the City, if large animated digital signage is allowed at this location, Philadelphia will come to be associated with the kind of projects that place road users in danger in exchange for hurried development. If this developer insists on identifying Philadelphia with this kind of garish and dangerous display, the identity of the City will suffer. This one development could sacrifice something irreplaceable in what makes Philadelphia appealing to new talent and new investment, and that is simply too high a price for any city to pay.
Is there anyone else who wishes to provide public comment on today's agenda? (No response.)
Seeing no one, that concludes today's public comment. For those of you who may be interested, I thought I should make the announcement rather than your sitting here the remainder of the session. Bill No. 100536 is being held today. So there's no need for you to stay if you don't wish to. We will now consider today's Consent Agenda. I would like to state that after each title is read, any member may object to the inclusion of the bill on the Consent Agenda. Upon such an objection and without debate, the bill removed from the Consent Agenda and placed on our regular Final Passage Calendar. The Clerk will now please read the title of the bills on the Consent Agenda.
Bill No. 100709, entitled "An ordinance approving the first amendment of the redevelopment proposal for the Center City Redevelopment Area, Franklin Town Project, being the area beginning in the vicinity of Spring Garden and Twenty-First Streets, which provides, inter alia, for amending the land use map and regulations to add religious institutional as a permitted use"; and Bill No. 100614, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of The City of Philadelphia, to amend an existing sublease agreement between the Philadelphia Municipal Authority as landlord and The City of Philadelphia as tenant, for use of certain office space located at 1327 through 39 Chestnut Street"; and Bill No. 100464, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 58 by striking from the City Plan and vacating Olive Street from Tenth Street to Hutchinson Street and Hutchinson Street from Olive Street to Brown Street"; and Bill No. 100544, entitled "An ordinance amending Section 9-213 of The Philadelphia Code, entitled 'Farmers' Markets,' by adding as a permissible location the sidewalk of the east side of Germantown Avenue from Allens Lane for 175 feet south"; and Bill No. 100675, entitled "An ordinance amending Section 9-213 of The Philadelphia Code, entitled 'Farmers' Markets,' by adding as permissible locations the sidewalk of the east side of South 22nd Street between Cross Street and the sidewalk of the south side of Wharton Street between Hollywood Street and 29th Street"; and Bill No. 100676, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 149 by striking from the City Plan and vacating the legally open portions of Hartwell Lane from a point two hundred seventy-seven feet southwest of Seminole Street to a point approximately sixty-four feet further southwestwardly therefrom"; and Bill No. 100679, entitled "An ordinance authorizing the revision of lines and grades on a portion of various City Plans within the vicinity of the Delaware Expressway (I-95) from the Vine Street Expressway (I-676) to the Philadelphia-Bucks County Line by placing on the City Plan, striking from the City Plan, relocating, and revising portions of the Delaware Expressway, its right-of-way, interchanges, and ramp connections"; and Bill No. 100680, entitled "An ordinance authorizing Brandywine Realty Trust, 555 East Lancaster Avenue, Suite 100, Radnor, Pennsylvania, to legalize various existing sidewalk encroachments located on the east footway of Juniper Street between Sansom Street and Drury Street"; and Bill No. 100681, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 307 by striking from the City Plan and vacating Ridge Avenue from Vine Street to the intersection of Eighth Street and Race Street"; and Bill No. 100682, entitled "An ordinance authorizing the Streets Commissioner, on behalf of the City, to enter into an agreement with the Commonwealth of Pennsylvania for the grant to the City of a right-of-way for sewer and drainage purposes extending through a portion of property located at of Thirteenth Street and Arch Street"; and Bill No. 100683, entitled "An ordinance amending Section 2 of an ordinance (Bill No. 080434) approved July 2, 2008, entitled 'An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 271 by striking from the City Plan and vacating a portion of Leithgow Street south of Reno Street'"; and Bill No.
100684, entitled "An ordinance authorizing the Pennsylvania Academy of Fine Arts, located at 128 North Broad Street, to construct, own and maintain various encroachments in the right-of-way on the west side of North Broad Street between Arch and Race Street"; and Bill No. 100711, entitled "An ordinance authorizing BIBA UC Limited Liability Company/doing business as BIBA Wine Bar, 3131 Walnut Street, Suite 1A, Philadelphia, Pennsylvania, to legalize and to construct, own and maintain additional encroachments in the right-of-way located on the north footway of Walnut Street"; and Bill No. 100716, entitled "An ordinance authorizing Mt. Airy USA to install, and the Mount Airy Business Improvement District to own and maintain, four benches on the east and west footway of Germantown Avenue from Mt. Airy Avenue to East Phil-Ellena Street"; and Bill No. 100717, entitled "An ordinance authorizing CM123, Limited Liability Company, trading as The Wishing Well to construct, own and maintain an open-air sidewalk cafe at 767 South Ninth Street"; and Bill No. , to construct, own and maintain an open-air sidewalk cafe at 806 South Sixth Street"; and Bill No. 100719, entitled "An Borda, owner of Francoluigi's Restaurant, to construct, own and maintain an open-air sidewalk cafe at 1549 South Thirteenth Street"; and Bill No. 100723, entitled "An ordinance authorizing Rameshchandra Patel, owner and operator of the newsstand located on the northwest corner of Sixteenth Street and Chestnut Street, to construct, use and maintain conduits in, under and across the northwest corner of Sixteenth Street and Chestnut Street"; and Bill No. 100752, entitled "An ordinance amending Chapter 10-700 of The Philadelphia Code, entitled 'Refuse and Littering,' by increasing the path of snow to be cleared on sidewalks"; and Bill No. 100757, entitled "An ordinance amending Section 9-205 of The Philadelphia Code, entitled 'Sidewalk Sales,' by prohibiting vending on both sides of Broad Street between Washington Street"; and Bill No. 100758, entitled "An ordinance establishing a two-way regulation on Spruce Street, between 38th Parallel Place to 2nd Street"; and Bill No. 100760, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. "
Thank you. These bills having been read on two different days, the question for each bill now is shall the bill pass finally. The Chief Clerk will please call the roll, and upon being called, each Councilmember shall vote aye on each of the bills, nay on each of the bills or indicate those bills for which the member is voting aye on those bills, for each member -- or if you're voting nay. Is that clear? Good. Clerk will please call the roll.
Aye on all bills. A majority of all members having voted in the affirmative for each of the bills, the bills on the Consent Agenda are now passed. We will now consider the bills and resolutions on the regular Second Reading and Final Passage Calendar. I think we should consider the bills first and then we will consider the resolutions. Therefore, I would ask the Chief Clerk to please read the title of Bill No. 100773, bottom of .
An ordinance 12/9/10 - STATED - 2ND READING declaring that it is desirable for the health, safety and welfare of the people in the area served by The Children's Hospital of Philadelphia and The Children's Hospital of Philadelphia Foundation for The Hospitals and Higher Education Facilities Authority of Philadelphia to participate with such institutions in constructing a new, 5-story ambulatory care center.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman DiCicco. 12/9/10 - STATED - 2ND READING COUNCILMAN DiCICCO: Aye.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 090588.
An ordinance amending Chapter 14-1800 of The Philadelphia Code, entitled "Zoning Board of Adjustment," by amending Section 14-1805, entitled "Hearings," by revising the number of members of the Zoning Board of Adjustment that shall constitute a 12/9/10 - STATED - 2ND READING quorum.
Councilman Clarke, it is my understanding you have an amendment to offer.
Yes, Madam President. I'd like to offer an amendment to Bill No. 090588. A copy of the amendment has been circulated to all the members, and I move the adoption of the amendment. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will say aye. (Aye.)
The 12/9/10 - STATED - 2ND READING ayes have it and the amendment is adopted. The Chief Clerk will now read the title of Bill No. 100489.
An ordinance authorizing the City of Philadelphia to organize an authority to be known as The Philadelphia Health Center Authority, pursuant to the provisions of the Municipality Authorities Act.
Madam President, I offer an amendment to Bill 100489. The amendment has been circulated.
I move for the adoption of the amendment. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. 12/9/10 - STATED - 2ND READING All in favor will say aye. (Aye.)
The ayes have it and the amendment is adopted. The Chair recognizes Councilman DiCicco regarding Bill No -- I'm sorry. The Chief Clerk will read the title of Bill No. 552.
An ordinance amending the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Race Street, 4th Street, 5th Street and Florist Street; and by amending Section 14-303 of The Philadelphia Code, entitled "'C-3' Commercial District."
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, 12/9/10 - STATED - 2ND READING Madam President. I'd like to offer an amendment to Bill No. 100552. A copy has been distributed to all members of Council, and I move for the adoption of the amendment. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will say aye. (Aye.)
The ayes have it and the amendment is approved. The Chief Clerk will now read the title of Bill No. 100721.
An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-1600, entitled "Miscellaneous," by adding a new Section 12/9/10 - STATED - 2ND READING establishing the Fox Chase Environmental Control District.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 100750.
An ordinance to amend the Institutional Development District Master Plan of Holy Family University, located at 4500 Grant Avenue, by allowing for the construction of a new administrative building.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.