COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING COMMITTEE ON PUBLIC PROPERTY & PUBLIC WORKS - - - - Room 696, City Hall Philadelphia, Pennsylvania Tuesday, November 18, 2003 1:25 p.m. - - - - BILL 030642 BILL 030662 BILL 030684 BILL 030689 BILL 030711 BILL 030713 PRESENT: COUNCILMAN JAMES KENNEY, Chair COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARREL CLARKE COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL NUTTER COUNCILMAN FRANK RIZZO - - - - 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 I N D E X BILL 030642 PAGE ANDRES PEREZ, Public Property....... BILL 030662 ANDRES PEREZ, Public Property....... BILL 030684 ANDRES PEREZ, Public Property....... DUANE BUMB, Commerce................ 9 BILL 030689 ANDRES PEREZ, Public Property....... 13 DENNIS WALLER, Fairmount Park Com... BILL 030711 ANDRES PEREZ, Public Property....... DENNIS WALLER, Fairmount Park Com... 13 BILL 030713 ANDRES PEREZ, Public Property....... 14 JIM O'HARA, Center on Alcohol and Marketing, Georgetown University, 15 Washington, D.C................ JESSE BROWN, NAAAPI................. 22 3 11/18/03 - PUBLIC PROPERTY - BILL 030642
Good afternoon, ladies and gentlemen. We have a quorum; Councilman Nutter, Councilmember Blackwell, Councilmember Donna Reed Miller and Councilmember Darrell Clarke. The first Bill on the agenda today is Bill No. 030642, which is an Ordinance 9 authorizing the Commissioner of the Department of Public Property on behalf of the City of Philadelphia to purchase from the United States Postal Service fee simple title to a parcel of land with the buildings and improvements thereon known as 3061 Island Avenue, all under certain terms and conditions. Please identify yourself for the record and proceed.
Good afternoon, Mr. Chairman. My name is Andres Perez, Commissioner of the Department of Public Property for the City of Philadelphia. I am here on behalf of Bill No. 030642 requesting Council support and suspension of the Rules. The Bill authorizes acquisition of 4 11/18/03 - PUBLIC PROPERTY - BILL 030642 3061 Island Avenue from the United States Postal Service. This particular property is related to the installation of a Streets Department project and roadway in support of the Postal Service's new facility at a nearby location. The Postal Service has offered it to us and we're accepting it with the intent of reusing it, most likely for the Department of Recreation.
Is there a purchase price associated, or is it under negotiation?
There's no cash involved. The Post Office may have restrictions in the event of resale.
Good job. Are there any questions for the Commissioner? (No response.)
Seeing none, 5 11/18/03 - PUBLIC PROPERTY - BILL 030662 anybody else to testify on this Bill? (No response.)
Seeing none, we will now move to Bill No. 030662, an Ordinance 6 authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, a deed conveying fee title to a certain owned lot with improvements thereon described according to a Plan of Properties made for the Redevelopment Authority of the City of Philadelphia by Vincent J. Nero, Surveyor and Regulator of the Third District, dated April 26, 1965, under certain terms and conditions pursuant to the Redevelopment Cooperation Law Act of May 24th, 1945, P.L. 982 as amended, and authorizing the Redevelopment Authority to convey to the Mount Tabor Community Education and Economic Development Corporation, without consideration, the below described property for non-profit housing development, pursuant to the Redevelopment Authority Redevelopment Agreement. 6 11/18/03 - PUBLIC PROPERTY - BILL 030662 Please identify yourself for the record.
Good afternoon. I'm Commissioner Perez for the Department of Public Property. I'm here in support of 030662, the Ordinance authorizing the transfer to the Redevelopment Authority of the referenced property. The intent here is to provide the property to the Community Development Corporation for their intended redevelopment through the Redevelopment Agreement with the Redevelopment Authority, and again ask for a suspension of the Rules.
Thank you very much. Any questions for the Commissioner? Councilmember Miller. Let the record show that Councilman Rizzo is also in attendance.
What is the address of the parcel? "A deed conveying title to a certain owned lot." Which lot? Where is the lot? 7 11/18/03 - PUBLIC PROPERTY - BILL 030662
My assumption is that when a Bill gets to this level, the District Councilperson has already signed off on it. Councilmember Clarke, would you like to explain for Councilwoman Miller's benefit the address and location of the property?
Thank you, Mr. Chairman. Mr. Chairman, Members of the Committee, these are parcels of land that were in the City's inventory for some time. They're currently utilized, unfortunately, for fixing of abandoned vehicles and other 8 11/18/03 - PUBLIC PROPERTY - BILL 030662 unsavory activity. Mount Tabor Church, along with the Community Development Corporation, which was formed as a subsidiary, is interested in acquiring these parcels to build on to their facility. I think they want to build some senior citizen housing and some other supportive type of development. It's something we've been working with the community and Mount Tabor Church with.
Thank you, Councilman Clarke. Just as a Member of the Committee, I think we should always have addresses included in a bill. Because it's like you're voting on something you really just don't know anything about.
I think that's a fair request, and hopefully that will be corrected in the future. Any other questions for the Commissioner? (No response.) 9 11/18/03 - PUBLIC PROPERTY - BILL 030684
Seeing none, we will now move to Bill 030684, an Ordinance 7 authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to purchase fee simple title of a certain parcel of land with the buildings and improvements thereon known as 2212 West Indiana Avenue, all under certain terms and conditions. Mr. PEREZ: Again, good afternoon. Commissioner Perez from the Department of Public Property, here in support of Bill No. 17 030684. Also present is Duane Bumb from the Commerce Department. We are seeking approval of the Bill and the suspension of the Rules.
Good afternoon, Councilman Kenney. My name is Duane Bumb. I'm the Deputy Director of Commerce. I appreciate the opportunity to provide 10 11/18/03 - PUBLIC PROPERTY - BILL 030684 testimony. This property is 2212 West Indiana and it will be assembled with adjacent properties in the vicinity of 22nd and Indiana Streets and will be developed as a parking lot for the benefit of the 22nd Street commercial corridor merchants. The commercial corridor has a shortage of parking spaces which are needed to meet the growing retail demand. The parking demand has been documented many times, most recently in the Philadelphia Shops Inventory. The commercial corridor grew in total of commercial units from 125 to 148 over the period between 1988 and 1995. The vacancy rate has dropped by percent. With a 17 parking index of 1.4 spaces per 1,000 square 18 feet of gross leasable area, North 22nd Street is one of the most difficult retail corridors to find parking in the entire City. To remain viable, the North 22nd Street commercial corridor needs a targeted capital investment in parking to strengthen its long-term business viability. The Ordinance before you today will 11 11/18/03 - PUBLIC PROPERTY - BILL 030684 permit the purchase of fee simple title allowing construction to begin on the existing vacant and under-utilized lots in this neighborhood. The Department of Commerce has provided funding for a parking lot construction through its neighborhood Capital Budget. Once the parking lot is constructed, the North 22nd Street Merchants' Association, in conjunction with Allegheny West Foundation, will sublease the parking lot from the City and will be responsible for the operation of the facility, including insurance, maintenance and management costs of the site. The project is critical to the future success of North 22nd Street as a thriving neighborhood commercial corridor. I, therefore, urge your support. Thank you.
Thank you very much. Any questions for Mr. Bumb? Councilmember Miller.
I just want to say that this is a project that my office has been involved in, I guess, for about three 12 11/18/03 - PUBLIC PROPERTY - BILL 030689 years or more. This commercial strip has grown by leaps and bounds and we're very proud of its growth and development. Parking is desperately needed there. So I just want to thank all those who helped us with this project. Thank you.
Thank you very much. Any other questions or comments for these witnesses? (No response.)
Seeing none, anyone in the room to testify on this Bill? (No response.)
Seeing none, we will now move to Bill No. 030689, an Ordinance 19 authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to exchange fee simple title to approximately 292 square feet of certain Fairmount Park land with the improvements thereon located Northeast of the Manayunk Canal and approximately 260 feet to the 13 11/18/03 - PUBLIC PROPERTY - BILL 030689 Northwest of Fountain Street, in consideration for fee simple title to a certain portion of a parcel of land with the improvements thereon located at 116 Fountain Street, which land, upon acquisition by the City, shall be under the jurisdiction of the Fairmount Park Commission, all under certain terms and conditions. Please identify yourself for the record.
Good afternoon. I'm Commissioner Perez from the Department of Public Property. I'm here in reference to Bill No. 030689, authorizing the land swap that is just detailed in the Ordinance itself. I'm here in support of the Bill, and again request suspension of the rules.
Dennis Waller, Councilman, Deputy Director of Fairmount Park Commission, indicating that the Fairmount Park 14 11/18/03 - PUBLIC PROPERTY - BILL 030689 Commission has reviewed and voted and is in support of this land swap.
Could you explain for the record what the land swap involves and what the purpose of it is?
Yes. It is an exchange of approximately 292 feet of park land with the improvements thereon located on Northeast Manayunk Canal. Councilman, it is a strip of land running adjacent to the Canal. We feel that that swap will also protect the Canal, allow us to complete a towpath and also make the park contiguous so we can also protect it. It calls for those folks that we are swapping with also to provide maintenance and also put up a maintenance endowment on an annual basis so we can maintain that property.
Great. Thank you. Any questions for these witnesses? (No response.)
Seeing none, anyone else in the room to testify on this 15 11/18/03 - PUBLIC PROPERTY - BILL 030711 bill? (No response.)
Seeing none, we will now move to Bill 030711, an Ordinance 6 amending Section 15-201 of the Philadelphia Code, relating to areas under the care and jurisdiction of the Fairmount Park Commission, by adding the parcel of land generally bounded by 21st Street, Porter Street, 22nd Street and Shunk Street, to those lands under the care and jurisdiction of the Fairmount Park Commission. Please identify yourself for the record.
Good afternoon. I'm Commissioner Perez from the Department of Public Property. I'm here in support of Bill 19 030711, essentially authorizing the transfer of jurisdiction of the existing park referenced in the ordinance from the Recreation Department to Fairmount Park.
Dennis Waller, Councilman, Deputy Director of the Fairmount Park Commission. Once again, the Fairmount 16 11/18/03 - PUBLIC PROPERTY - BILL 030711 Park Commission is in support of this swap. I believe there will be a name change, if I'm not mistaken, Commissioner, to -- this is the Girard Estates property, Councilpersons. Once again, the Recreation Department feels as though the Fairmount Park Commission, having more expertise in maintaining historic properties, would be in a better position to maintain this property. We have agreed, our Commissioners have voted, and have agreed to take over this property.
And there is a budget allocation for the Commission in order to take over this park? I mean, it's probably one of the nicer parks in the City, and its maintenance, I assume, is substantial in order to keep it looking that way. Is there a budgetary issue in there?
We think we can handle it, Councilman. 17 11/18/03 - PUBLIC PROPERTY - BILL 030713
Great. Thank you. Any questions for these witnesses? (No response.)
Seeing none, we will now move to Bill No. 030713, an Ordinance 11 amending Chapter 17-100 of the Philadelphia Code, entitled, "Procurement Contracts," by adding a provision requiring that every contract which permits any person to place advertising on City-owned or controlled property shall include a provision prohibiting the placement on such property of advertisements for alcohol, under certain terms and conditions. Please identify yourself for the record.
Good afternoon. I'm Commissioner Perez, Department of Public Property. I'm here in reference to Bill No. 25 030713. 18 11/18/03 - PUBLIC PROPERTY - BILL 030713 The Department seeks your support of this Bill in an expedited handling by suspension of the Rules.
Thank you very much. Any questions for the Commissioner. (No response.)
Seeing none, the Chair now calls Mr. Jim O'Hara, Executive Director of the Center on Alcohol Marketing and Youth, Georgetown University. I'd also like to ask the Reverend Jesse Brown, the Executive Director of the National Association of African Americans for Positive Imagery to please come together at the table. Whoever would like to go first, please identify yourself for the record.
Thank you very much, Councilman. My name is Jim O'Hara. I'm the Executive Director of the Center on Alcohol Marketing and Youth at Georgetown University. Thank you for allowing me to come here today to speak to you about this issue. 19 11/18/03 - PUBLIC PROPERTY - BILL 030713 Your concern about alcohol advertising and the exposure of underage youth is very understandable. What I would like to do today is place your concern about alcohol advertising on City-owned property in the context of alcohol advertising that is reaching underage youth in our country. As many of you know, underage drinking is an endemic public health problem in this country. In the last 10 years, we have failed to make much progress, as my first chart shows that the prevalence rates stayed flat. All too often we find that parents don't realize how much drinking their own children are doing. We did a survey this summer, and parents underestimated by a factor of 50 percent the drinking that their own children were doing. The harm caused by underage drinking in this country is significant. Alcohol is a cause in the three leading causes of death among our youth. And we know that the age of initiation, the age of first use of alcohol is going down. For youth 20 11/18/03 - PUBLIC PROPERTY - BILL 030713 12 to 17, it's now estimated those drinkers actually began drinking when they were under 13 years of age. And finally, the use of alcohol by youth in our country is marked by risk and abuse. More than 90 percent of the alcohol consumed by youth to is consumed when 9 they're drinking five or more drinks at a 10 time. 11 Alcohol advertising is regulated in 12 this country by the industry itself. The 13 industry has codes. Each of the major sectors 14 of the industry has codes about how they 15 should advertise and where they should 16 advertise. In fact, in the last month the 17 Beer Institute and the Distilled Spirits Council of the United States have changed their codes to address some of the criticisms that have been made of those codes in the past. I gave you a couple of examples of ads that raise questions about how well the regulation is actually working. As you can see, the one ad of the three young persons 21 11/18/03 - PUBLIC PROPERTY - BILL 030713 raises questions about whether it is in fact in conformity with the Distilled Spirits Council Code about not using people who appear underage. That ad is presently in the process of being taken down by the company because of complaints. What the Center has looked at, and I'll describe very briefly, is the alcohol advertising that reaches our underage youth in magazines, on radio and in TV. The way that we look at that is we take a look at where the ads are actually placed and we take a look at the composition of the audience, what the underage youth is. In our research over the past year, we have found that in many, many instances, underage youth are disproportionately present in the audience. What that simply means is that the underage youth for magazine readership is about 15.8 percent. If advertising is placed where underage youth are more than 15.8 percent, then the youth are more likely to see that advertising. And we found in 2001, for instance, just looking at 22 11/18/03 - PUBLIC PROPERTY - BILL 030713 magazines, that underage youth 12 to 20 saw 45 percent more beer advertising and 27 percent more distilled spirits advertising. When we took a look at television in 2001 we saw, for instance, that underage youth were more likely to see advertising for beer and ale than for products that we normally associate with underage youth, like fruit juice or gum or skin care products. So in short your concern about the exposure of youth to alcohol advertising is very understandable when you take a look at even the broader context of what our underage youth are exposed to in their daily life in watching television, listening to radio and reading magazines. Thank you.
I'm Reverend Jesse Brown, Executive Director of the National Association of African Americans for Positive Imagery, and I'm a member with the Black Clergy of Philadelphia and vicinity. 23 11/18/03 - PUBLIC PROPERTY - BILL 030713 Mr. Chairman and Members of this Committee, thank you for allowing me to testify in favor of this Bill eliminating the advertising of alcohol products on City property. I would like to applaud the efforts of the City to correct an oversight that occurred in 1998 when SEPTA and the Council agreed that Philadelphia should have a transit system entirely free of alcohol and tobacco products. NAAAPI is familiar with the marketing practices of the alcohol industry, having successfully fought over the years to keep products that specifically targeted African Americans out of our community. Today, I am joining with members of the community and the clergy to urge you to continue the positive work that have begun and to report this Bill favorably out of Committee and eventually into law. The great City of Philadelphia should not be in the business of advertising alcohol products in places where children are 24 11/18/03 - PUBLIC PROPERTY - BILL 030713 likely to see them. As I am sure you already know, just a short drive from here in the neighborhoods throughout the City, children are already bombarded with the advertising, with alcohol advertising on billboards, which many of these billboards are illegal, on storefronts and, sadly to say, even in their own homes on the Internet and television and other venues. I have provided examples of some of these advertising venues for your review, particularly on our bus shelters here in the City. You have two or three pictures there, a review of that. While this might seem like a small step, the Council would be making a big statement to the industry and advertisers. We will not allow you to advertise your products to our children. I have seen the transit shelter contract that the City extended with Viacom Outdoor, and I know that the vendor, fearing this day would come, placed language in the contract holding the City responsible for money lost when alcohol went the way of 25 11/18/03 - PUBLIC PROPERTY - BILL 030713 tobacco. I also know that within a reasonable time, these companies will recover any lost revenue from alcohol advertising, just as they did with tobacco following the settlement agreement. Although this action would not affect the current contract negotiated earlier this year through 2005, we have met with the Mayor's Office and we are confident that the Mayor will be successful in negotiating a phase out as soon as possible following the actions by this Council. We're asking Mayor Street, who has fought hard for safer neighborhoods, to take leadership on this issue and reach out to businesses and advertising in the soon-to-be open spaces. Give children a chance to do the very innocent thing, go to school without the additional alcohol ads portraying scantily clad women and young-looking people promoting the coolness of alcoholic beverages. Allow the City to make money advertising age appropriate products like sneakers and soft drinks. Young people have enough influencing 11/18/03 - PUBLIC PROPERTY - BILL 030713 factors in their lives and don't need the continued influences of alcohol advertising on City-owned properties. In a year when the Pennsylvania General Assembly voted to cut over $100 million from the drug and alcohol treatment budget, which happened this year, and then the Pennsylvania Liquor Control Board approved a $4 million advertising campaign for alcohol, your action will help ensure that the advertisement of alcohol products are not thrust in the face of school children, as they wait for a ride from school. As the industry becomes more desperate and greedy, the alcohol products that are not on City-owned buildings and parks. Thank you for your consideration and continued leadership on this very important public health issue.
Please consider our testimony and the alarming statistics presented by the Center on Alcohol Marketing and Youth and consider, really, the welfare of the children of Philadelphia.
Thank you very 27 11/18/03 - PUBLIC PROPERTY - BILL 030713 much for your testimony. Thank you very much. Is Mr. Norton here from the Center on Alcohol Marketing and Youth?
Are there any other witnesses to testify on this Bill? The Chair recognizes Councilman Rizzo.
I have a question for Commissioner Perez. Would that be appropriate?
Commissioner, I have a couple questions -- maybe just one -- about this entire process. 28 11/18/03 - PUBLIC PROPERTY - BILL 030713 I think of all the confusing issues in the City. The bus shelter issue is very confusing to the general public. As a matter of fact, it was even confusing to me until I learned. It's a SEPTA shelter that covers SEPTA passengers, and the City of Philadelphia owns the shelters. I don't get it. Why don't these shelters belong to SEPTA? Why are we even in this business? Why are we involved? I just don't get it why we are doing this. When I first got involved in this, I saw one of them vandalized. They threw a cinder block through the shelter glass. So I called SEPTA, thinking, you know, a little bit of common sense, that they'd be responsible for it. And after about a week they came back and said, "No, we don't take care of those. The City of Philadelphia does." Do you think at some time now we ought to start looking at maybe giving these shelters or getting out of this business? Because I don't know even know why the Department of Public Property is even involved in it. 29 11/18/03 - PUBLIC PROPERTY - BILL 030713
I don't have a very good answer for the initial question. It was a concession agreement which was in place when I was first appointed as Commissioner back in 1990. So the reason about SEPTA versus us and the historical basis for the current condition, I really don't know what that answer is. However, it has been a Public Property concession agreement issued periodically, I think, on a 10-year cycle on a concession bid basis. Currently it's extended to, I believe, 2005. And the vendor is required to perform all the maintenance, including recovery from damage and vandalism. The revenue goes directly to the City's General Fund.
So that most likely is the answer to the question. But is all the aggravation -- all I can tell you is that I've seen these things terribly vandalized with etchings all over them, with advertising permanently taped to them with permanent adhesive-type materials. I've 30 11/18/03 - PUBLIC PROPERTY - BILL 030713 called and tried to get them cleaned up. I don't even know who we're supposed to call. Is there a phone number that you can provide us to the maintenance contractor that we can call directly? Because I'll tell you -- again, the one that was vandalized with the cinder block thrown through it, the cinder block landed where the passengers stand. And a week, 10 days later, the cinder block was still there and the glass was just all over the sidewalk and street. And the Police Department didn't pretend to know what to do or who to call. I think there's a lot of confusion because the assumption is that it's SEPTA. Is there something that you could do to look at this to see if there's still some way of maybe licensing to SEPTA that you can still get your revenue, and give it, in my opinion, where it belongs, to SEPTA?
I'll certainly make sure that the Administration understands that request and take it into account before the next concession agreement is put out to bid. 31 11/18/03 - PUBLIC PROPERTY - BILL 030713 And I will get the number and provide Councilmembers.
I'd like to find out what is the expectation when a citizen calls or a Councilmember calls or Public Property calls, what's the expectation on getting a repair?
I believe there's a 48-hour response time required on repairs. But I'll verify that.
Could you send the Chair a copy of it? Maybe the Chair would distribute a copy of the contract and a phone number where we can call.
Thank you very much. Any other questions for the witnesses or the Commissioner. (No response.) 32 11/18/03 - PUBLIC PROPERTY - BILL 030713
Anyone else in the room to testify on this Bill? (No response.)
Thank you, Mr. Chairman, Members of the Committee and Councilman Rizzo, cosponsor of the Bill. I have a number of items, Mr. Chairman, that I need to move into the record, as well as some proposed amendments and legislative findings and one substantive amendment to correct an unanticipated result of this Bill. What I'd like to do, Mr. Chairman, is hand out the amendments. I'd like to read a number of the items into the record. Unfortunately, we may have to anticipate subsequent actions by other people. From the legislative findings, Mr. Chairman, in Section 17-110, the Council finds that, A, a September 10, 2003 report entitled, "Underage Drinking, a Collective Responsibility," released by the National Academy of Science that stated that more youth 33 11/18/03 - PUBLIC PROPERTY - BILL 030713 drink alcohol than smoke tobacco or use other illegal drugs. 6 percent of the 12th graders reported recent alcohol use. C, underage drinking plays a substantial role in the three leading causes of death among youth, motor vehicle fatalities, suicide and homicide. D, according to the American Medical Association, underage drinking is a factor in nearly one half of all teen automobile crashes, the leading cause of death among teenagers. E, alcohol abuse is also linked to two-thirds of all sexual assaults and date rape, and is a major factor in unprotected sex among youth, thereby increasing their risk of sexually transmitted diseases. F, the National Academy of Science estimates that the social cost of underage drinking is $53 billion. G, in the Philadelphia Safe and 34 11/18/03 - PUBLIC PROPERTY - BILL 030713 Sound Report Card 2003, substance abuse among high school youth was rated, quote, challenging with major obstacles, unquote. 6 percent of high school youth report having had one drink in the most recent 30-day period. I, research of the National Institute on Alcohol Abuse and Alcoholism, entitled "Effects of the Mass Media on the Use and Abuse of Alcohol" has found that exposure to alcohol advertisements effects young people's beliefs about drinking, intention to drink and actual drinking behavior. J, a substantial portion of alcohol advertising reaches an underage audience and is presented in a style that is attractive to youth. K, a 1996 study of children ages 9 to 11 found that children were more familiar with Budweiser's television frogs, than with Kellogg's Tony the Tiger or Smokey the Bear. 35 11/18/03 - PUBLIC PROPERTY - BILL 030713 L, in a survey conducted by the Center on Alcohol Marketing and Youth in June of 2003, two-thirds of parents say that seeing and hearing alcohol advertisements makes teens more liking to drink alcohol, and 82 percent of the parents surveyed said that the risky behavior teens engage in while under the influence of alcohol is a problem in society today. M, children and youth utilize City-owned and controlled property on a daily basis, such as school buildings, recreation centers, libraries and bus shelters. N, to the extent that commercial advertising is allowed in these public facilities, the City of Philadelphia can play a positive role in reducing exposure of youth to alcohol advertisements by prohibiting the placement of such advertisements on publicly-owned or controlled property. There is also an amendment for Section 2, adding a new sentence. For purposes of this Section, City-owned or controlled property does not include property 36 11/18/03 - PUBLIC PROPERTY - BILL 030713 used to hold professional sporting events. That is a listing of the amendments, Mr. Chairman. The last of which, naturally, is to cover our new sports stadiums.
I would also add for the record that there are surveys that I'd like included, with the Chair's permission, from the American Medical Association, a study from them, as well as a study from the National Academy of Science, as well as the 2003 section from the report card from Philadelphia Safe and Sound on substance abuse among high school youth, which makes reference to alcohol. Lastly, I know there's a letter in the record from one of the beer companies in reference of what our abilities to conduct this kind of effort on behalf of citizens here in Philadelphia. I would make reference to and hand out legal opinion from the Law Department on this particular Bill, as well as make reference to the City of Baltimore and their efforts a few years ago. That Bill 24 prohibited outdoor advertising in all locations for alcoholic beverages. 37 11/18/03 - PUBLIC PROPERTY - BILL 030713 This Bill, Mr. Chairman, only prevents alcohol ads on property that is under contract to the City of Philadelphia. It does not impact our stadiums. Many other outdoor advertising venues are available, and these represent, I believe, the least restrictive provisions. There was a court case on this matter when Anheiser Busch sued the City of Baltimore on its efforts. The City's Bill was upheld by the US Court of Appeals for the 4th Circuit, in saying that it did represent the City's efforts to protect the public interest in meeting the four-part test with regard to the issues of freedom of speech. With those items in the record, Mr. Chairman, at the appropriate time I'd like to move the amendments.
Thank you very much. We'll move them in the public meeting. Thank you. Any other comments or questions?
Mr. Chairman, if I may. Referring back to Bill No. 030662, clarifying for the record that the property is known as 38 11/18/03 - PUBLIC PROPERTY - BILL 030713 973 North 7th Street. Thank you.
Thank you very much. That will conclude the hearing on the Committee of Public Property and Public Works. - - - - 39 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING COMMITTEE ON PUBLIC PROPERTY & PUBIC WORKS - - - - Tuesday, November 18, 2003 - - - - Public meeting conducted by the Committee on Public Property and Public Works, held in Room 696, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILLS 030642, 030662, 030684, 030689, 030711, 030713. PRESENT: COUNCILMAN JAMES KENNEY, Chair COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARREL CLARKE COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL NUTTER COUNCILMAN FRANK RIZZO 40 11/18/03 - PUBLIC PROPERTY - PUBLIC MEETING
We will now convene a public meeting. The Chair recognizes Councilmember Blackwell for a motion on Bill No. 030642.
Thank you. I move that the Bill just listed be reported out of Committee with a favorable recommendation and a recommendation for suspension of the Rules so as to permit first reading at our next Session of Council. (Duly seconded.)
There are none opposed. Bill No. 030642 will report out of this Committee with a favorable recommendation, and a request will be made for Rules suspension to allow first reading at our next Council Session. The Chair recognize Councilmember Clarke for a motion on Bill No. 030662. 41 11/18/03 - PUBLIC PROPERTY - PUBLIC MEETING
Thank you, Mr. Chairman. I make a motion that Bill No. 030662 be reported out of Committee with a favorable recommendation and request for a suspension of the Rules as to allow reading at our next Session of Council. (Duly seconded.)
There are none opposed. Bill No. 030662 will be reported out of this Committee favorably and request will be made for Rules suspension to allow for first reading at our next Council Session. The Chair recognizes Councilmember Miller for a motion on Bill No. 030684.
Mr. Chair, I move that Bill No. 030684 be reported out of this Committee with a favorable recommendation, and that the Rules of Council 42 11/18/03 - PUBLIC PROPERTY - PUBLIC MEETING be suspended so as to permit first reading at our next Session. (Duly seconded.)
There are none opposed. Bill No. 030684 will be reported out of this Committee with a favorable recommendation and a request will be made for Rules suspension to allow first reading at our next Session. The Chair recognizes Councilman Nutter for a motion on Bill No. 030689.
Mr. Chairman, it's my understanding that there were amendments put forward or an attachment to Bill 030689. Commissioner, is that correct?
I'm not certain that that meets the test of an amendment. We provided the actual detailed legal description 43 11/18/03 - PUBLIC PROPERTY - PUBLIC MEETING for parcel A and parcel B referenced in the Ordinance.
Mr. Chairman, I move the adoption of the document that was handed in by Commissioner Perez. (Duly seconded.)
There are none opposed. The attachments will be approved accordingly. The Chair recognizes Councilmember Nutter for a motion on the amended Bill.
Mr. Chairman, I move that Bill 030689, as amended, be reported out of this Committee with a favorable recommendation and a further recommendation that the Rules of Council be suspended so as to permit first reading at our next Council Session. 44 11/18/03 - PUBLIC PROPERTY - PUBLIC MEETING (Duly seconded.)
There are none opposed. Bill No. 030689, as amended, will be reported out of this Committee with a favorable recommendation and request will be made for Rules suspension to allow first reading at our next Council Session. The Chair recognizes Councilmember Rizzo for a motion on 030711.
Mr. Chairman, I move that Bill No. 030711 be reported out of Committee with a favorable recommendation, with a recommendation that the Rules of Council be suspended so as to permit first reading of this Bill at our next Session of City Council. (Duly seconded.)
Moved and seconded. All in favor? 45 11/18/03 - PUBLIC PROPERTY - PUBLIC MEETING (Aye.)
There are none opposed. Bill No. 030711 will be reported out of this Committee favorably. A request will be made for Rules suspension to allow for first reading at our next Council Session. The Chair recognizes Councilmember Nutter for a motion to approve the amendments to Bill No. 030713.
Mr. Chairman, I move that the amendments as read into the record in the public hearing be adopted. (Duly seconded.)
There are none opposed. The amendments are approved accordingly. The Chair recognizes Councilmember Nutter for a motion on the amended Bill.
Mr. Chairman, I 46 11/18/03 - PUBLIC PROPERTY - PUBLIC MEETING move that Bill 030713, as amended, be reported out of this Committee with a favorable recommendation and a further recommendation that the Rules of Council be suspended so as to permit first reading at our next Session. (Duly seconded.)
There are none opposed. Bill No. 030713, as amended, will be reported out of this Committee with a favorable recommendation and a request me made for rules suspension to allow first reading at our next Council Session. That concludes the business of the Committee on Public Property and Public Works. Thank you for your attendance. (Council adjourned at 2:00 p.m.) - - - - 47 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of November 18, 2003, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS _________________________ Lisa C. Bradley, RPR