COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING COMMITTEE ON RULES - - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, April 15, 2004 2:15 p.m. - - - - BILL 040008 - An Ordinance establishing a neighborhood improvement district in an area that generally includes both sides of Germantown Avenue from 7640 to 8705, both sides of Betjlehem Pike from 10 to 104 and certain blocks of streets that intersect that portion of Germantown Avenue, to be known as the Chestnut Hill Business Improvement District... PRESENT: COUNCIL PRESIDENT ANNA C. VERNA, Chair COUNCILWOMAN DONNA REED MILLER COUNCILMAN DARRELL CLARKE COUNCILMAN DAVID COHEN COUNCILMAN JACK KELLY COUNCILMAN RICHARD MARIANO COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN BRIAN O'NEILL - - - - 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 040008 SUZANNE BIEMILLER, Chestnut Hill Business District................ ARTHUR BUGAY......................... JOHN TOWEY............................ JEAN WEDGEWOOD........................ BONNIE GREENBERG...................... JEANINE DWYER......................... BILL SHEPHERD......................... 30 3 04/14/04 - RULES - BILL 040008
Good afternoon, everyone. This is a public hearing of the Committee on Rules regarding Bill No. 5 040008. I would ask Mr. McPherson to please read the title of the bill.
Bill No. 040008, an Ordinance establishing a neighborhood improvement district in an area that generally includes both sides of Germantown Avenue from 7640 to 8705, both sides of Bethlehem Pike from 10 to 104 and certain blocks of streets that intersect that portion of Germantown Avenue, to be known as the Chestnut Hill Business Improvement District.
Thank you. The record will reflect that a full hearing on this bill was held on March 25, 2004. At the hearing, an issue arose as to whether residential properties in the district would be charged with an assessment fee. It was determined that they would not be assessed, and the bill was amended to make this clear. Because the Pennsylvania Community 4 04/14/04 - RULES - BILL 040008 and Economic Improvement Act pursuant to which districts are created requires that notice of an additional hearing be provided in the event of a district plan amendment, therefore, today we are having a hearing simply scheduled to comply with the Act. Do we have any witnesses at this time that would like to testify? Please approach the witness table. Kindly identify yourself for the record.
My name is Suzanne Biemiller, and I'm the Executive Director of the Chestnut Hill Business Association. Good afternoon, and thank you for holding this hearing on the final plan for the proposed Chestnut Hill Business Improvement District. As I said, I'm the Executive Director of the CHBA and I'm also a resident of Chestnut Hill. I'm here again this afternoon to speak in favor of the BID. There are many benefits to having a BID in Chestnut Hill in the plan that we set out and that the Councilmembers have a copy of which envisions a lively shopping community, a 5 04/14/04 - RULES - BILL 040008 safe and well-lit business district, a beautiful commercial corridor that we can all be proud of. The BID will enable us to clean the sidewalks and parking lots of the business district as well as pave the parking lots and light them where the need is present. It also enables us to increase our current advertising budget so that we can promote Chestnut Hill more effectively as other business districts and shopping malls do. Is the plan perfect? No. But it is not set in stone, rather a road map for the organization going forward. As we have done throughout this nearly year-long process, we invite people to bring to us their questions, their concerns, and their ideas. By working together and supporting each other we can accomplish a great deal in Chestnut Hill. As you were told in March, the BID has been endorsed by the CHBA, the Chestnut Hill Community Association, the Chestnut Hill Parking Foundation, the Chestnut Historical Society, as well as many business owners who have worked in Chestnut Hill for years and 6 04/14/04 - RULES - BILL 040008 even decades. Names like Ann McNally, Bruce Robertson, Frank and Hank O'Donnell, Terry Merrick, Barbara Russell, Paul Roller, Richard Malunium all support this BID. I know it's hard to change after years of doing things certain ways. I understand that. But Chestnut Hill is a different community than it was even five or ten years, and we can't nor will we go back to the way things were. If we are to remain a vibrant commercial corridor, we must adapt with the times and find new ways to get things done. The BID is one tool that will help us move forward, just as it has helped thousands of other communities throughout the country and here in Philadelphia. Thank you.
Thank you. Do we have anyone else to testify on this bill? Please approach the witness table. Kindly identify yourself for the record and proceed with your testimony.
Good afternoon, 7 04/14/04 - RULES - BILL 040008 Councilmembers, Ms. Verna. My name is Arthur Bugay. I am the son of Margaret and Milton Bugay who own Bugay's Jewelers, 8638 Germantown Avenue. My family has been at that location for 75 years as a jewelry store. It was started by my grandfather. D. Caldwell in Center City Philadelphia, downtown Philadelphia. And they moved at the time of the depression to the location where they are currently. My family has been there and has been a staple at that location for that long period of time and people have come to rely on the fact that they are still there. My family has a succeeding generation in the business, my brother Samuel and my sister Rosalyn. My sister Rosalyn is a CPA with a master's in taxation. But she works there now in addition to that because of my mother had a health issue last year and she has helped out. My father is a professional musician. My father went to the Wharton School and was from the Germantown High. He 8 04/14/04 - RULES - BILL 040008 was a contemporary of Judge Lord who was his classmate. I am an attorney in Philadelphia. And my parents have asked me to come on their behalf to tell you why they are opposed to the BID plan. Specifically, I will look at the statute. The purpose of the statute is to focus on the reality, the economic reality that existing tax rates in many municipalities are at or near their statutory cap, and I quote from the Section 832, Paragraph 1. In other words, they're at their highest limits. In Philadelphia, in particular, tax rates for property owners are at their highest limits; they are, in fact, at their breaking rates. We have to look at who is going to be paying these taxes. The property owners directly, pursuant to the plan, but in specific there are going to be some who can maybe pass it on and there are going to be others who cannot. And what I mean from that is the fact that economic reality is that for businesses such as those, for instance, in the jewelry business, they have no ability to pass that on 9 04/14/04 - RULES - BILL 040008 to their customers because their customers will shop elsewhere. So rather than being an economic boon, it's going to be an economic burden for people like my family who have had the store for an extensive period of time. They are not newcomers to Chestnut Hill. They have seen anchors come and go. D. Caldwell open up on Evergreen Avenue and Germantown Avenue where the drug store used to be and, in fact, they left. Several of the anchors have left, and I don't believe that this is going to attract new anchors that are going to be the silver bullet for this or the magic bullet for this. It's just an additional tax to be borne by the business shopkeeps. The identity of Chestnut Hill has indeed changed. The identity of Chestnut Hill used to be one of merchants, small businesses. Now it has become more of an outside strip mall. And I think the charm of Chestnut Hill is the fact of the personalities that are up there, the individuals who run the businesses, the individuals merchants, the 10 04/14/04 - RULES - BILL 040008 personalities like my mother and my sister and my family who run this business. They run it on a daily basis, and people love to see them, they love to talk to them, and they love to transact business with them. They're not concerned about competition. They're fine with the way it is. They do not have sidewalks that need cleaning because they clean them themselves. The fact of the matter is, the last problem that they had with regard to the sidewalks or any of the access/egress for their business occurred this past Christmas when the City opened up the sidewalk right at Christmas season, their busiest time of year. They do not need the City to interfere with their business any further. They don't need the City to assess them any further or add another layer of bureaucracy for the locale. I speak against this tax and I speak against the BID, not as an adversary of Chestnut Hill.
I have grown up in Chestnut Hill, not myself, but living outside of Chestnut Hill but been there living through 11 04/14/04 - RULES - BILL 040008 Chestnut Hill and love Chestnut Hill. It's a childhood memory of mine. It's a childhood memory of my father's. My father used to rollerskate down Germantown Avenue until the wheels fell off and the sparks came out. My father has lived there and loved there in Chestnut Hill all of his life. This is an adversarial tax to my family. It is one that threatens their livelihood. It is one that is unfair to them. It is a burden. And it should not be passed. Thank you.
Thank you. Are there any questions or comments from Members of the Committee for this witness? (No response.)
Seeing none, at this time I would like to establish a quorum. To my far left is Councilman Cohen, Councilman Clarke, Councilman O'Neill, Councilman Kelly is here. To my extreme left is Councilwoman Brown and Councilwoman Miller. Thank you. 12 04/14/04 - RULES - BILL 040008 Do we have anyone else to testify on this bill? Please approach the witness table, sir. Good afternoon. Kindly identify yourself for the record.
Good afternoon, Councilpeople. My name is John Towey from Towey's Tavern in Chestnut Hill. We're located at 7829 Germantown Avenue. We're at the lower part of Chestnut Hill. My main contention is that the money being used is not being properly allocated to all the businesses and all the property owners in Chestnut Hill. What they're doing is concentrating on the parking lots, for example, which we don't get at the bottom half of Chestnut Hill. And I think the property owners in Chestnut Hill should be responsible for keeping up their own properties. And if the community wants to raise money, they should go around individually to the businesses to talk to them to find out if they're willing to contribute the old way it 13 04/14/04 - RULES - BILL 040008 used to be done. What they're doing is they're running out of funds and they're coming to the City and they're asking for the City to enforce laws and regulations on business people and taxing them to the point where it's going to become unbearable for businesses to survive in the City. They already put a liquor tax on the bar business where they're collecting 10 percent of our gross profits right off the top, and that's almost unbearable. That puts another mortgage on the bar business. To put another tax on top of that when the people do not want it, the majority of the people do not want it, and this is unfair business community of Chestnut Hill. I'm opposed to it -- not opposed to improvement, what I'm opposed to is the levying of a tax by the City on all the businesses which is going to be enforced by the City. There's enough taxes in the City right now, in my opinion. And what's happening is that the moneys being raised by the Business 14 04/14/04 - RULES - BILL 040008 Association can be raised if they ask for cooperation from all the merchants in the area and they do not have to go to the City for help. That's my contention. Thank you.
Thank you very much. Are there any questions or comments from Members of the Committee? The Chair recognizes Councilwoman Miller.
Thank you, Mr. Towey, for coming in and testifying. Your concern was raised before. I know that the plan is that all, from the bottom of the district to the top of the district, will be served. I understand your concern. I've heard it before, but it's my understanding that the entire district -- when you opened up your coments, you stated that you didn't think your half of the district, your bottom half, would get the same types of services as the upper half. And my only comment is, it's my understanding the plan does include the entire 15 04/14/04 - RULES - BILL 040008 strip of the district.
But right now we're getting no parking lots. And all we're getting is lights at Christmastime. I put my own lights up. I don't find it necessary to pay an extra additional real estate tax or whatever they're calling this tax to support putting more lights on. I don't want that. If they're going to put parking lots up at the bottom half of Chestnut Hill, if they're going to improve the district, that would be great. I'm all for improving the district, but I want -- like you said, I want the lower half of Chestnut Hill receiving as much benefit as the upper upper part of Chestnut Hill.
Well, I understand there is a parking plan that we'll be looking at from the bottom to the top. I shop in that bottom part sometimes more than I do the top because I go to Staples all the time. But in any event, thank you for coming in. Your comments are well taken.
Thank you. Any other questions or comments from members of the Committee? (No response.)
Do we have anyone else to testify on this bill? Good afternoon. Please identify yourself for the record.
Good afternoon, Councilwoman Verna. My name is Jean Wedgewood. I'm a longtime resident of Chestnut Hill. My family is also. I am not currently a commercial property owner. I have been looking -- my husband and I have been looking for a commercial property for the purpose of renting it out. One of the things that's unique about Chestnut Hill is the fact that it is small family businesses that are very unique. It's unlike Manayunk. And with all due respect to the current business owners who are in support of this proposition, they are, some of them, business owners with businesses in other districts that can be supported. I 17 04/14/04 - RULES - BILL 040008 currently have a proposal in to buy a commercial business in Chestnut Hill in one of these properties affected. And it does make me think twice because we pay the highest tax base in the City. The streets are clean. Comparatively, we are safe. I think this -- while it's a valant effort, I think it's too much too soon. If it could be 6 percent and let's see how that works and then take it from there. But a percent increase immediately 12 is dissuasive to me and I think will be disasterous for a lot of the little businesses that make Chestnut Hill a unique communit. If it could be implemented over time due to proportionately how it works, then I don't think anyone would have a problem. But it's a lot all at once, especially in these economic times. Thank you for your consideration.
Thank you. Any questions or comments of this witness? (No response.)
Do we have anyone else to testify on this bill? 18 04/14/04 - RULES - BILL 040008 Please approach the witness table. Good afternoon. Please identify yourself nor the record.
I have lived in Chestnut Hill for the past 28 years. I owned a business fr 11 of those years, and my husband and I have owned property for 12 years. I have been witness to all kinds of change on the Hill, and I acknowlege that our business community faces challenges that need to be addressed. Perhaps a BID is the most efficient means to address these problems, however, the flawed nature of this BID causes me to conclude that I cannot support it because I believe that this is taxation without representation. According to its bylaws as printed in the bill that we received, if the BID is approved, I as an assessed property owner will be a member to the BID corporation entitled to 19 04/14/04 - RULES - BILL 040008 one vote. One would assume I would then be entitled to vote for the members of the Board of Directors of the BID corporation. This, of course, is what a shareholder of a corporation or a member of an association like the Chestnut Hill Community Association gets to do. However, I do not have that right in the Chestnut Hill BID Corporation nor do I ever get that right. This Board is initially appointed by the incorporators and then elected by the Board itself at the first annual meeting and every annual meeting thereafter. The general membership has no say. Removal of a board member can be accomplished only by the Board itself. The general membership has no say. Vacancies occurring on the Board are filled by, you guessed it, the Board itself. The general membership has no say. Yet it's that general membership that funds the BID corporation. We can all recognize taxation without representation when we see it. Not only is the Board entrenched for the life of the BID, but the very composition 20 04/14/04 - RULES - BILL 040008 of Board is rife with conflict of interest from the moment it was formed. Three of the nine voting members of this Board are appointed by other Chestnut Hill organizations that stand to reap financial benefits from the BID. As five members of the Board constitute a quorum for board meetings, it is possible that the three board members having this conflict could control major decisions concerning the use of funds for purposes that would otherwise be paid from their own organization's coffers. Furthermore, a person qualifies as a board member even if he is delinquent in his City real estate taxes just as long as he pays his BID assessment. And no 17 corporation member vote is available to serve as a check and balance to these potential conflicts of interest. I have finally discovered the areas where I can vote as a member. I am allowed to vote yea or nay on a proposed budget each year to spend the money which I as a member must contribute to the BID corporation. Unfortunately, however, nowhere is it stated 21 04/14/04 - RULES - BILL 040008 that the budget must be adhered to by the Board. Nor does it say that the Board cannot alter the budget. Should I disagree with the Board to alter an approved budget, I have no 6 recourse because, of cours, removal of the Board is left to the Board and I have no 8 opportunity to elect a new Board. Absurdly, I can also vote for executive offers who must be in on the very board I was never allowed to vote for to begin with. Does anyone have the feeling that this is a stacked deck? You might argue that my ultimate voting right is to vote the BID down, yet this too is on stacked deck because a non-vote is a yea vote. Only votes against the BID count. Land owners who are not or cannot be located are presumed to be in favor of the BID. Wouldn't every incumbent in political office love to run for re-election under these conditions? Ironically, I agree with many of the reasons to supporting formation of the BID. With no personal hardship, I can pay this increased tax or, as my leases allow, pass it 22 04/14/04 - RULES - BILL 040008 through to my already tax burdened tenants. I know and respect a number of the proposed BID board members.
I believe their motives have been pure, but somewhere in their desire to do what they to be in the best interest of Chestnut Hill, they have trampled on the rights of too many who are not only not being heard, but who do not even realize that they are being affected. There are many small business owners and elderly residents of apartment buildings, non-property owners who will be adversely affected by this tax increase. Yet nobody is proactively engaging them in the process and representing their interests. Why? The more they are permitted to express their views and thereby impact the process, the greater for potential for a no 19 vote. Remember, silence is deemed to be acquiesce. The BID organizers have created a system of entrenched power that, despite altruistic motives, threatens democratic principles. You as our elected representatives should not allow this to 23 04/14/04 - RULES - BILL 040008 occur. I implore you to return this proposal back to the community for further consideration and revision. At minimum, the playing field should be leveled by requiring a majority of owners to affirmatively approve the BID and by requiring the Board to be directly elected by the general membership. Thank you.
Thank you very much. Are there any questions or comments of this witness from members of the Committee? (No response.)
Do we have anyone else to testify? Kindly approach the witness table. Good afternoon. Please identify yourself for the record
Good afternoon, Madam President. My name is Jeanine Dwyer. First of all, I apologize for being late. A couple of us had the wrong time. Madam President and Councilmembers, thank you for hearing our side. I have been 24 04/14/04 - RULES - BILL 040008 dubbed the hostess of the BID Alternative Committee, and I would like to explain how this happened. After the first hearing, Bill 5 Shepherd and I walked to the car and drove home together, one hour total or so. After discussing the event, the question was, what do we do? The outcome was to write a letter to the Chestnut Hill Local asking people to attend this meeting who thought they might be likely to vote no on the BID to determine if there was opposition. The reason in my mind was this: Although I know I had made valid points at the first meeting, I felt as if I sounded like I was whining. Also, if a second presentation was made in opposition, it needed to be coordinated and reflect the opinions of a group, not just individual opinions making up a group in order to be recognized by Council and to ensure a democratic outcome. The time between the first and second hearing was the time afforded for this purpose. On Monday, March 15th, I called Councilperson Donna Reed Miller's office regarding the BID and received a return call 25 04/14/04 - RULES - BILL 040008 from Mr. Steve Vaughn. I informed him of our meeting and I also took a copy of the letter to the Chestnut Hill Business Association office. Fourteen people attended our meeting on March 29th, representing or 7 properties. I'm just not sure, but it's 11 or 8 12. Six people called to say they could not 9 attend. Others in attendance were myself -- 10 they were also property owners, those six. 11 Others in attendence were myself, a Hill House 12 tenant, Shoshanna Bricklin and Steve Vaughn. And that's all right here. We did not allow the press or people who had spoken at City Hall in favor of the BID to remain in order to, just once, have an opportunity to vent openly. On Wednesday, April 7th, we mailed a cover letter with the next meeting date to the mailing list provided by Councilperson Donna Reed Miller's office, along with the minutes of the March 29th meeting and a rejection proxy. Themes were obvious from the two meetings and are also included on many of the proxies that we have thus far received. I 04/14/04 - RULES - BILL 040008 would just like to outline as best I can through my ears the themes of the group and reasons for rejecting this BID. One, general lack of belief that this will improve dramatically. Cost versus benefit is of real concern. Two, cannot accept budget numbers on faith when tax number is concrete. Three, 1 out of $3 is spent on administration. " Five, counterproductive in enticing tenants and may cause some to leave in our current economy. Six, vacancies do increse security problems and help create the issue of foot traffic, that a large majority of stores are filled. Seven, security in the form of police is a City responsibility and thankfully, our group acknowledges, we are not a high crime area. Stores and banks which have cameras and guards still get robbed. 27 04/14/04 - RULES - BILL 040008 Eight, I already payto have my property maintained or I maintain my property myself. Nine, apartment landlords object to what they see as a tax that provides more emphasis on retail issues. Ten, no one asked for flower baskets on lampposts needing replacement. Eleven, the budget and plan are too expensive, too broad, and too vague. Twelve, the BID is a second layer of administration created to refinance the existing Chestnut Hill Business Association, an expensive redundancy. Thirteen, most of the vacancies belong to one owner. They affect existing businesses and discourage new ones. It is that owner's policy more than anything which has caused this situation. It is not a joint responsibility to fill them.
Fourteen and last, contact and consensus should have been sought and made before beginning the BID process. These are the ideas that have 28 04/14/04 - RULES - BILL 040008 presented themselves from the group. Since our mailing on April 7th and in five business day since, I have 48 proxies in hand. I would just like to read the top one because I am hear representing my mother's business. " "Reasons for not supporting the BID. We think that a neighborhood or area of interest is best supported by themselves. Adding costs to our overhead will not put the responsibility of better management or maintenance of property on anyone really other than the owner. We are the sole responsibility and can continue to upgrade our buildings and business without outside encouragement. Let the market place determine the best mix of businesses and storefronts. A help to our area is already available through the established volunteers for beutification and public maintenance. My organization have been involved with donation of funds and manpower to maintain and clean public gardens, for instance. The City has enough services in 29 04/14/04 - RULES - BILL 040008 place. " Thank you very much.
Thank you. Are there any other witnesses that would like to testify? Anyone else?
My driver is not yet here, to my knowledge. He did wish to speak. He dropped me off. As I said, we were mistaken in the time.
I truly believe that Members of the Committee have a sense of what the opposition is. To the last witness, you probably know what his feelings are and they're probably in concert what you have just given us. (Pause.)
Excuse me, sir. I understand that you were having difficulty parking your car. You want to testify? I think you testified before, did 30 04/14/04 - RULES - BILL 040008 you not?
Do you care to testify now? Good afternoon. Kindly identify yourself for the record and proceed with your testimony.
My name is Bill 10 Shepherd. I live in Chestnut Hill and own commercial property in that neighborhood. I don't want to repeat ground that I went over on the previous session so I'm going to pick up where that left off and let you know that I am actually for the improvements mentioned in the BID proposal. However, I cannot in good conscience support this BID in its present form. The proposal is far too grandiose, too vague, and too unrelistic in its financial numbers. We have been offerred the opportunity by BID to examine how the dollars were put together. What was said was, "Come to the office and we will explain it to you." What we want are the details and hard numbers 31 04/14/04 - RULES - BILL 040008 that were used as the basis for the BID proposal. They should be self-explanitory. In addition to finding fault with this proposal, we also find fault with the BID process itself. Property owners who wish to object or make changes to the BID can only do so by stopping the entire process. This can only be done by gathering up 51 percent of like-minded owners and getting each one to sign a proxy indicating their rejection. The BID proposers, however, don't have to jump through those hoops. They don't have to do anything. They don't have to poll the owners to find out how many are in favor. They do have hold meetings and distribute literature then listen to those who object and then do nothing. So the onus is on the we objectors. We have a lot of hoops to jump through in order to obey the law as it exists right now; gathering up 51 percent of the owners and having them sign a ballot. The very first thing -- we started off down this road to get those 51 percent signed up. And, obviously, the first thing we 32 04/14/04 - RULES - BILL 040008 need is a list of property owners. The list we got is kind of painful. It is woefully behind. A lot of owners on that list are deceased. Some have moved. And we have owners living in other countries and in other states, making it exceedingly difficult to find. And these people, by their silence, indicate a yea vote for this BID. That's not quite democratic, in my mind. I think that in our march toward complying with the law and finding the 51 percent is painful and it's slow. And I have to tell you that in less than a week we have found 50 concerned owners who have come on board with us. We need to find only another or so and we've reached the madatory 51 18 percent, so we're not far away. We're 19 marching along quite smartly. 20 We intend to garner as many of these 21 signatures as we can. When we do and present 22 those signatures to the Clerk in City Hall, 23 then we will have lived up to what the law 24 says we have to do. But in my opinion, what I 25 think should happen is that the parties should 33 04/14/04 - RULES - BILL 040008 be at the table with one another with perhaps a body like this as arbitrators. And we should be able to hammer somthing out that's agreeable to all sides. And we we do come to agreement on the things to be done in Chestnut Hill with this BID and we sensibly dollar-rise those things, then in my mind it's a simple yes or no pull of those property owners that are affected. Preponderence of yes, we do it; preponderence of no, wo don't. It seems to me that's kind of the basis on which this country was founded and it's something that I'd like us to strive for. I don't really want to shoot the BID proposal down and have nothing occur in Chestnut Hill. Some things have to happen or it will completely lose its economic vitality. And as a resident and property owner there, I will do my share. But the way this present BID is worded and set up, I can't in honesty support it. Thank you, Madam Chair.
Thank you very much. 34 04/14/04 - RULES - BILL 040008 Any questions or comments from members of the Committee? The Chair recognizes Councilman Clarke.
Thank you, Madam President. Sir, I think you make a good point with respect to the parties involved sitting down and discussing this. I don't think we should be the body that necessarily oversees that particular discussion. We from time to time have enough on our hands trying to determine what it is we're going to do here in the Council. But the suggestion that all the parties involved sit down and, hopefully, work something out, I think is a good idea. Based on the tesitmony, it's clear that everybody is very much interested in Chestnut Hill and the business corridor. And hopefully, during the period of time -- I know that the District Councilperson has a couple of words, but I hope that you all can come to some conclusion prior to the passage of the final bill. 35 04/14/04 - RULES - BILL 040008
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam Chair. What I'd like to do is also encourage the two parties to continue to talk because that's important. And the other thing -- and I know you already know this because Shoshanna Bricklyn and Steven Vaughn of my staff have been meeting with both groups. You know the process. You know that you have 45 days to file either an objection to the plan or support for plan to the Chief Clerk's Office here in City Hall. So we want to encourage people to do their filing. And what I'd like to do again is just thank everyone for coming in. You know, what makes a community work is that we all don't agree and sometimes we have a little fight here and there. But we all agree on one thing, and that is that we want to keep your community, the community of Chestnut Hill, viable and vibrant. So I think it's wonderful 36 04/14/04 - RULES - BILL 040008 that people come in to testify today. Thank you,
Can I make one final comment before I leave? I was told by a prominent and large property owner in Chestnut Hill, owning several commercial properties, that he was upset when the BID proposal first surfaced, upset to the point that he really made a lot of noise to the BID people. And as a result of that, the BID people said, "Well, okay. We won't tax you on 8 or 10 of your properties, we'll just tax you on 2. How does that sound?" He said, "I'll take it." Now, I've heard that same story from other people. Yesterday, I heard it from the person himself. And I can't help but think that the proponents of the BID proposal just bought themselves a vote. That's another thing that's not quite American, in my mind. I don't think that should be permitted, but it has happened. Also, we find holes in the schedule 37 04/14/04 - RULES - BILL 040008 as far as whose properties are being assessed. We have a couple prominent ones on Germantown Avenue who aren't on the list, and no reason for it that I can find. They should be, they're prominent, they're right there and they're on the Avenue and they are commercial.
Thank you. Ms. Biemiller, would you like to respond to this issue, please?
The gentleman that he's referring to has residential apartment buildings that are not on Germantown Avenue, on West Highland Avenue, kind of a few blocks off of Germantown Avenue. And he approached us, as Mr. Shepherd said, last fall when we had completed the business plan. And he said, "I don't think that these properties that are not contiguous to Germantown Avenue should be in it. And we agreed. As we also agreed that Market Square which is a huge commercial property in a separate section of Chestnut Hill, also non-contiguous with the business district, would not be part of this BID. And the reason for that was that in terms of 38 04/14/04 - RULES - BILL 040008 trying to provide services to everyone kind of equally, it would have been difficult to then skip and go down certain blocks, so that was why that was done.
I'm being encouraged to beg the question who makes that decision? What person has been put in place? Obviously, it's part of the BID process to make that determiation, but it's a very difficult issue.
Basically, it was a steering committee decision, looking at cost versus benefits of, you know, where can we -- I think for all of us, we want this to succeed. And we didn't want to bite off more than we could chew. And by having Market Square, for example, in that property, we felt that that -- and also the whole Crittenden Avenue Apartments which is a large complex, again, on the east side of the hill, we looked at that, but the cost versus the benefit and 39 04/14/04 - RULES - BILL 040008 the ability of us to do our jobs well and to succeed in this was not worth their being in this BID. They're not contiguous to Germantown Avenue. We'd love to have them in a few years if we're up and running and everything successful, but at the time it was not going all the way over to that other part of Chestnut Hill.
Thank you very much. Do we have anyone else who would like to testify? (No response.)
Seeing no 16 one, this will conclude the public hearing. - - - - 40 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING COMMITTEE ON RULES - - - - Thursday, April 15, 2004 - - - - Public meeting conducted by the Committee on Rules, held in Room 400, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILL 040008. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA, Chair COUNCILWOMAN DONNA REED MILLER COUNCILMAN DARRELL CLARKE COUNCILMAN DAVID COHEN COUNCILMAN JACK KELLY COUNCILMAN RICHARD MARIANO COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN BRIAN O'NEILL 41 04/15/04 - RULES - PUBLIC MEETING
We will now go into our public meeting. The Chair recognizes Councilman Clarke for a motion.
Thank you, Madam President. I move that Bill No. 040008, as previously amended, be reported out of committee with a favorable recommendation. (Duly seconded.)
Moved and seconded that Bill No. 040008 be reported out of Committee, as amended previously, with a favorable recommendation. All in favor will signify by saying aye. (Aye.)
The ayes have it, the motion carries. And this will conclude our public meeting. Thank you all very much. (Council adjourned at 3:00 p.m.) 42 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 Thursday, April 15, 2004, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE ON RULES _________________________ Lisa C. Bradley, RPR