COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Saturday, November 1, 2008 10:15 a.m. - - - PRESENT: COUNCIL PRESIDENT ANNA C. VERNA, CHAIR COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM GREENLEE COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN BLONDELL REYNOLDS BROWN BILL 080741 - An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Eleventh Street, Filbert Street, Tenth Street and Market Street. BILL 080742 - An ordinance amending Chapter 18 14-400 of The Philadelphia Code, entitled "Commercial Entertainment District"... - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2
Good morning, everyone, and welcome. I understand that we have quite a number of witnesses, approximately 60 to be exact. In order to afford everyone an opportunity to testify, I'm going to ask that each witness be allowed three minutes to testify. And in my opinion, if you can't say it in three minutes, it's not worth saying. Because of the Fire Code, we cannot allow people standing on this floor. They will be invited to the gallery, and any overflow will go into the Caucus Room, where we have a TV that's being set up. So at this time, this is the public hearing of the Rules Committee, and I would ask Mr. McPherson to please read the title of the bills. MR. McPHERSON: Bill No. 23 080741, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of 3 11/1/08 - RULES - BILLS 080741 & 080742 land located within an area bounded by 11th Street, Filbert Street, 10th Street and Market Street. Bill No. 080742, an ordinance 6 amending Chapter 14-400 of The Philadelphia Code, entitled "Commercial Entertainment District," by adding provisions relating to proposed projects in the Center City area and relating to public art, by providing for revised effective dates, and by making technical changes, all under certain terms and conditions.
Thank you. At this time, the Chair recognizes Councilman DiCicco for opening remarks. COUNCILMAN DiCICCO: Thank you, Madam Chair, and good morning to everyone. And welcome back to Philadelphia's great casino debate again. I want to thank all of you and all of my colleagues for being here 4 11/1/08 - RULES - BILLS 080741 & 080742 today. For two years we've been working through this issue. Your support has been invaluable and is truly appreciated. This body has been more engaged on this topic perhaps than any other during my tenure and I dare say probably during the tenure of many of those who preceded me and have had a longer time in Council than I. We all know that the Gaming Act, which permits two casinos in Philadelphia, was passed by the General Assembly and signed by Governor Rendell in July of 2004. None of us -- and I'll repeat -- none of us in this room voted for it, but it is our responsibility to deal with it. We know that with gaming revenues comes gaming costs, public safety concerns, addictions, traffic problems, just to name a few. We also know that we've challenged the Gaming Act at taxpayers' expense 14 times, and we lost 14 times. So whether we like it or 5 11/1/08 - RULES - BILLS 080741 & 080742 not, we will have two casinos in the City of Philadelphia. I know that doesn't make a lot of people in this room happy, and some may even disagree with that statement. I still and always have respected your opinion. However, City Council is familiar with both sides of the gaming argument. A robust record has already been created on the matter in these Chambers. Therefore, with all due respect, we've requested witnesses to limit their testimony to the legislation before us specifically, and thank you for honoring that. A Saturday hearing is something new to City Council. I think it shows the importance of this topic, as well as our commitment to an open and transparent process. Open and transparent, this is somewhat ironic. We're going to hear a lot about how this legislation is the opposite. We're going to be told that we're rushing this project, how we are 6 11/1/08 - RULES - BILLS 080741 & 080742 not giving appropriate consideration to this proposal, that we've already cut a back-room deal. However, as you will hear in the Administration's testimony, nothing could be further from the truth. My office and members of the Administration designed a process to maximize public input and release information in as a timely manner as possible. Foxwoods and PREIT have agreed to work cooperatively with us and understand our demand for process. Most importantly, all of us recognize that this proposal may fail. After all, that's what a process does, it allows decision-makers the opportunity to figure out whether or not a project works and it allows the public to provide input. Without a process, all you have is noise. This legislation allows that process to continue. The Mayor and I have committed to the public, and I assure you now, this process will be open and transparent. But what does open and 7 11/1/08 - RULES - BILLS 080741 & 080742 transparent mean? An open process is one that permits new ideas and opinions, that is willing to accept and welcomes criticism. It allows everyone the ability to participate. That was the intent of the Planning Commission's hearing last week. That is the intent of today's hearing. And that is the purpose behind future hearings, to provide everyone the opportunity to participate in the discussion and the decision. Transparency, on the other hand, is about allowing the public to see what we're doing. That's why I announced when I would be introducing this legislation. That's why we've issued detailed explanations and timelines on how this process will work. And that's why I've attended several community meetings on this topic and will probably attend several more, because explaining my thinking, ensuring everyone knows where I am and what I am doing is the essence of transparency.
8 11/1/08 - RULES - BILLS 080741 & 080742 But just because the process is open and transparent, it does not mean that we're always going to agree. In fact, we've already had several disagreements: the introduction of the legislation, the calling for a hearing -- for holding public hearing, the insistence that the process must begin at all. But just because we disagree doesn't mean we're not going to be open and transparent. It simply means we will disagree. And no matter what happens in this process, whether a casino gets built at the Gallery or in South Philadelphia, and believe me when I say there is no 18 other choice, there's going to be a lot of people who are upset. When we make that final decision, I expect those people -- in fact, I expect every Philadelphian -- to hold us responsible for that decision. I promise you the process will be right and I promise that everyone will 9 11/1/08 - RULES - BILLS 080741 & 080742 be heard, but in the end, City Council was elected to make decisions. I will not avoid that responsibility. But I challenge everyone in this room to ensure that you or your organization is as open and as transparent as you expect us to be. Don't allow passion to defeat process. Listen to those that disagree. Encourage and promote discussion. Permit us to share information when appropriate, and ensure that the information you share with your constituencies is accurate. People should be given the right to make up their own mind. The only way that can happen is by having an open and honest conversation. Open and transparent, I have made that promise and I have always lived up to it. I hope all of you can do the same. Thank you, Madam President, for the opportunity to make that opening statement. 10 11/1/08 - RULES - BILLS 080741 & 080742
You're welcome. I would ask Mr. McPherson to please call the first witness. MR. McPHERSON: The first panel, Andrew Altman, Deputy Mayor for Economic Development, and Alan Greenberger, City Planning Commission. (Witnesses approached witness table.)
Good morning. Welcome. Please identify yourself for the record and proceed with your testimony.
Good morning, Councilmember Verna and members of the Rules Committee. I'm Andrew Altman. I'm the Deputy Mayor for Planning and Economic Development and the Director of Commerce. I am here this morning to testify in support of Bill Nos. 080741 and 080742 introduced by Councilmember DiCicco on October 16, 2008. Joining me today are also Alan 11 11/1/08 - RULES - BILLS 080741 & 080742 Greenberger, the City Planning Commission, who officially starts on Monday, I'd like to point out.
We appreciate your being here. And also Terry Gillen, Senior Advisor to the Mayor for Economic Development. Bill No. 080742 amends the Commercial Entertainment District, CED, section of the Philadelphia Zoning Code, and Bill No. 080741 amends the Philadelphia Zoning Maps by placing the CED classification on the Gallery II site on the 1000 block of Market Street. I will begin by discussing why I believe that the Gallery II location should be reviewed as a gaming site, and then Alan Greenberger, incoming Executive Director of the Planning Commission, will testify about the specifics of the legislation. I think this is important, 12 11/1/08 - RULES - BILLS 080741 & 080742 because we must remember that our actions today are not focused only on a single property or a casino development by Foxwoods, but instead reflect broader planning principles that affect the City. We must discuss the introduction of gaming into the fabric of Philadelphia by taking into account our more comprehensive land use plan for the area. (Audience member yelling.)
No. 13 We are not going to tolerate that. We will respect you. We are asking that you respect us. Thank you.
Downtown casinos have a long tradition in Europe, Australia, Canada, including London, Sydney, Montreal and Berlin. The United States has recently started to follow this trend with Massachusetts in the process of approving gaming that will permit a casino in Boston. By moving away from the model of large facilities that are accessible only by car, downtown 13 11/1/08 - RULES - BILLS 080741 & 080742 locations have the potential to meet modern urban design principles, as they are more accessible to pedestrians and can capitalize on existing public transit. It is important when we look at this site and the process we're about to undertake to consider current conditions along the Market East corridor. With vacancy rates at 36 percent and only 38 percent of its potential development actually built, Market East is currently under-occupied and under-developed. In 2007, Center City accounted for approximately percent of all the 18 jobs in the City of Philadelphia. That's 19 over 145,000 jobs. These are 20 high-paying, good jobs that account for 21 over $14 billion in annual salaries and 22 over 50 percent of all the annual 23 salaries paid in the City of 24 Philadelphia. Yet, Market East only 25 accounts for 25,000 of those jobs, which 14 11/1/08 - RULES - BILLS 080741 & 080742 is less than 18 percent of all jobs in Center City. The current conditions at Market East, with high vacancy, vast parking lots, low employment and few eyes on the street, create an unsafe environment, both for pedestrians and for residents. Meanwhile, Philadelphia has undergone a great rebirth over the last years, particularly with the growth of 13 its downtown areas, like the office core 14 along West Market Street, residential 15 neighborhoods like Old City, Society 16 Hill, Washington West and Chinatown, just 17 to name a few. 18 Market East has been the 19 subject of redevelopment plans dating all 20 the way back to the Market East plan of 1958. Since that first study in 1958 through the recent Center City District study, the vision of Market East as an entertainment district with theatres, shops and restaurants has remained the 15 11/1/08 - RULES - BILLS 080741 & 080742 same. But despite strong downtown growth, strong surrounding neighborhoods, the focus of many Administrations and the success of a few large-scale projects like the Gallery, Convention Center and hotels, this vision of a vibrant Market East remains unrealized. In contrast to its under-utilization, Market East offers many opportunities that can help to spur the achievement of this vision. Its extensive transit infrastructure makes it one of the most accessible areas in the City and in the entire region. This network is impressive. Three rail stations include access to all five subway-to-surface trolley lines, the Market Frankford line, Broad Street line, ten Regional Rail lines and PATCO. There are also 14 SEPTA bus routes through the area, as well as New Jersey Transit buses and the regional bus terminal. In addition to public transit, 16 11/1/08 - RULES - BILLS 080741 & 080742 there is easy access to Interstate 676, 95 and 76. Why is it worth considering and exploring the potential of a casino at Market East? And, again, I want to be clear about this. This is not to say that we have yet agreed that this is the location or have made a decision, but why is it worth considering? First, its downtown location, transit infrastructure history and anchor businesses would allow a potential casino to leverage its extensive infrastructure, the nearby Convention Center expansion and central location. Its potential to encourage further development and growth of the entire corridor, from City Hall to Independence Mall, presents a strong opportunity for the continued revitalization of a key Philadelphia downtown location, and for addressing issues of crime, vacancy and under-utilization currently holding it 17 11/1/08 - RULES - BILLS 080741 & 080742 back.
We support the exploration of Market East as a possible gaming location that is part of a larger plan to realize the potential of the entire corridor. We support an in-depth examination of the ways in which the addition of gaming, as allowed in a CED classification, will revitalize the area while respecting the needs of surrounding neighborhoods. Recognizing that State law provides for two casinos in Philadelphia, we support a serious effort to gather and analyze the information necessary to assure that this development is accomplished in a manner most consistent with our comprehensive planning goals. Only in this way can we hope to achieve a result that fosters the health, safety and general welfare of our citizens. In exploring Market East as a possible location, we are implementing a process to answer important questions that are currently unanswered and must be 18 11/1/08 - RULES - BILLS 080741 & 080742 addressed. This deal is not done, and the conclusion is not foregone. We still need to answer questions about programming, about financing, about costs, about impacts, and we will do so together through this process with all of the key stakeholders. As the CED zoning legislation mandates, we will require more information, which will be shared and discussed promptly in the appropriate forum, whether it be the Planning Commission, City Council or in discussions with advocacy and other neighborhood groups. This legislation will start a planning process that anticipates the plan of development and the information to be provided by Foxwoods. It is in no 20 way an attempt to force something through that will allow gaming at the Gallery II location. In fact, by creating an inclusive process that facilitates the sharing of information, it is just the opposite. 19 11/1/08 - RULES - BILLS 080741 & 080742 The CED legislation does not take effect and, therefore, permit gaming until a plan of development is approved by the City Planning Commission and City Council. As adopted by City Council and currently in place, the CED legislation requires the creation of a plan of development for the project that will be examined in great detail and from all angles. Foxwoods will be required to include project specifics about the facility itself, like what the building will look like, where the various uses will be inside the building, where the entrances and exits will be located, how the building will be serviced. But just as important, and more important, it will also include an assessment of how the project will impact the neighborhood on issues like vehicular and pedestrian traffic and parking. In addition to what is required by the legislation, we are not only 20 11/1/08 - RULES - BILLS 080741 & 080742 examining the economic impact, including the direct revenue the casino will generate, but also the impact it will have on small local businesses and how we can address those concerns and make sure that Foxwoods is a good corporate partner with our local businesses. Finally, and just as important as any other issue, we must consider the social impacts and costs associated with the potential development. We have listened to the surrounding communities, and it is very clear that we need to have a better understanding of key social issues, like crime, public safety, addiction and other associated afflictions. These are issues that we need to address regardless of whether the casinos are on the waterfront or at the Gallery. We take this planning process very seriously and have already been working extensively with Councilmember DiCicco, Everett Gillison, our Deputy 21 11/1/08 - RULES - BILLS 080741 & 080742 Mayor for Public Safety, Dr. Evans, our Director of Behavioral Health, Alan Greenberger and the entire Planning Commission staff, Rina Cutler, the Deputy Mayor for Transportation, Shelley Smith, the City Solicitor, as part of a team to begin to understand the potential impacts of a casino at this location.
Coordinated by Councilmember DiCicco's office, we have already begun the community outreach process and meeting with surrounding community groups, and we will continue to do so throughout the process. The plan of development must be approved by the Planning Commission, the City Council for the proposed CED amendment to take effect. And Alan Greenberger will explain that more, but that's a very important point. That means that we have at least two more formal public hearings on the Foxwoods proposal for this site, and since the plan of development requires the 22 11/1/08 - RULES - BILLS 080741 & 080742 provision of so many studies and amount of information, we intend to hold additional public hearings to explain the information and provide the public with the opportunity to comment on the work as it is received. With all of the unknowns still surrounding the site, programming, design, floor plans, phasing, use and impacts, this legislation merely sets the stage. It invites Foxwoods to sit down and provide the details in a plan of development to enable the City and the public to fully understand and assess what this development would mean. However, simply to have this option and the potential benefit of receiving a plan to consider, it is important and necessary that we provide this framework now, even though no plan has been created yet, because it is unrealistic to expect that the developer will put forth the time and money to create a plan for review, with all of its 23 11/1/08 - RULES - BILLS 080741 & 080742 many details, without some showing by the City that we intend to consider that plan in good faith. Passage of these bills simply creates that opportunity. It identifies the process to review the plan at the Gallery site. I will now ask Alan Greenberger, incoming Executive Director of the City Planning Commission, to go into details of the legislation, the zoning and plan of development, and I'll be happy to answer any questions after his testimony.
Good morning, Council President Verna and members of the Rules Committee.
I'm Alan Greenberger, incoming Executive Director of the Philadelphia City Planning Commission. Thank you for the opportunity to testify on Bills 080741 and 080742 introduced by Councilmember 24 11/1/08 - RULES - BILLS 080741 & 080742 DiCicco on October 16, 2008. Bill No. 080742 amends the Commercial Entertainment District, which is referred to as CED, section of the Philadelphia Zoning Code, and Bill No. 7 080741 amends the Philadelphia Zoning Maps by placing the CED classification on the Gallery II site on the 1000 block of Market Street. At its meeting of October 21, 2008, the City Planning Commission considered Bills 080741 and 080742 and recommended that they approved. The total effect of these bills is to establish the permissibility of gaming at this location and to create the possibility of further related development in the surrounding Market East area. These bills do not approve a plan, allow the issuance of zoning or building permits, authorize the start of construction or permit gaming to occur until a formal plan of development is prepared, presented in public and approved by the City Planning Commission, 25 11/1/08 - RULES - BILLS 080741 & 080742 the City Council and the Mayor. I would like to start by clearing up a misconception about what these two specific bills actually do and the difference between changing the zoning classification and mapping CED or any other zoning classification to a specific property. CED is a zoning classification, just like Residential, R, Commercial, C, Industrial, LR, or any of the others, and those classifications are defined for the entire City in the Zoning Code. Bill 080742 amends some of the specific requirements of the CED classification for the Market East area in order to take advantage of the area's unique conditions. It does not create a district or entitle properties for CED uses. It simply establishes the requirements of CED for a specific area bounded by 6th, Chestnut, Broad and Arch. This is similar to the different requirements of the C-5 Commercial zoning designation between Market East and West 11/1/08 - RULES - BILLS 080741 & 080742 Market. Bill No. 080741 maps the CED zoning designation specifically to the Gallery II site on the 1000 block of Market Street. Under this bill, the zoning designation only applies to the specific site that is identified in the legislation. This is the same process as if the site were proposed for industrial use or another classification that already existed in the Zoning Code. And uniquely under CED, the redesignation of this one square block from C-5 to CED will not take effect unless and until a plan of development is approved. If either the Planning Commission or City Council reject a proposed plan, this site is not reclassified and would remain C-5. As originally conceived, the City's CED zoning classification was written to regulate gaming facilities on large parcels of vacant land. These facilities were envisioned as new construction on, quote, edge sites; that 27 11/1/08 - RULES - BILLS 080741 & 080742 is, sites located outside the most densely developed portions of the City. Some particular requirements of the CED classification were not designed or intended for already developed sites in the heart of the Central Business District. As a result, the provisions of the current CED classifications are not responsive to or appropriate for developed sites in the heart of Center City, the most intensely developed and infrastructure-rich part of the City and region. Bill No. 080742 addresses this failing by amending the CED classification applicable only to this East Market area to incorporate provisions of the Zoning Code that are the most appropriate for Philadelphia's dense, urban core. Bill No. 080742 amends the provisions of the CED zoning classification when used in the area bounded by 6th Street, Broad Street, 28 11/1/08 - RULES - BILLS 080741 & 080742 Chestnut Street and Arch Street.
In this area, the CED designation would be amended to include provisions consistent with the area's existing zoning designation of C-5 Commercial. These provisions include technical zoning regulations such as basic allowable gross floor area; floor area ratios, known as FAR, bonuses; additional density incentives and certain use and height regulations that are consistent within the boundaries of this district. These amendments would also permit CED parking requirements in this area of Center City to be met by providing parking spaces within 1,000 feet, which is roughly a five-minute walk, of a designated CED site. This is consistent with standard planning principles in an urban commercial setting. In addition, freestanding signage would not be permitted as CED would permit on larger, open parcels such as the waterfront. The amendments also 29 11/1/08 - RULES - BILLS 080741 & 080742 exempt the public art requirements for interior alterations to retail or restaurant uses in existing structures, such as the Gallery, if those uses are not accessory to a licensed gaming facility. We believe that these amendments are necessary to ensure that if a gaming facility is to be relocated to the Market East corridor, it fits appropriately with the surroundings and takes advantage of the area's existing transportation infrastructure. Bear in mind that if these bills are adopted, the one-block site and the potential gaming use would apply to an existing building in a C-5 zone. For that reason, it makes sense to retain many of the current features and requirements of C-5 zoning and would result in no significant structural changes to the building. We do anticipate improvements to the facade and interior elements of the building, changes not directly impacted by the 30 11/1/08 - RULES - BILLS 080741 & 080742 ordinances before you today. It is important to note that the proposed amendment to this zoning classification does not change the development approval process. As stated earlier, this process will still require the submission of a plan of development by the proponent, which will need to be reviewed and approved by the Philadelphia City Planning Commission and City Council before gaming at this site could occur under the City's Zoning Code. Companion Bill No. 080741 amends the Philadelphia Zoning Maps by changing the zoning designation of the block bounded by Market, Filbert, 10th and 11th Street from the existing designation of C-5 Commercial to a zoning designation of CED, Commercial Entertainment District, if and when a plan of development for that location is approved. Both of these bills represent an effort by the City of Philadelphia to 31 11/1/08 - RULES - BILLS 080741 & 080742 take proactive steps in determining where and how licensed gaming facilities might be relocated. They're just the first steps in a public process to evaluate the proposal to relocate the Foxwoods casino from the South Delaware Riverfront to Center City. These bills also serve to demonstrate that the City is moving forward in good faith and conducting a comprehensive, open and transparent process for evaluating proposals for gaming sites. These public steps are intended to initiate an extended and detailed study by potential developers which will ultimately result in a proposed plan of development. The review of this process by the City Planning Commission and City Council are required steps in the evaluation of this development proposal. The plan of development must include information concerning the size, arrangement and access to buildings on the site, details for landscaping, 32 11/1/08 - RULES - BILLS 080741 & 080742 signage and the provision of building services, an analysis of traffic and pedestrian impacts, a parking management study, recommendations for improvements to mitigate traffic and parking impacts and any other information which the Commission may deem necessary in the course of its review.
The amount of information required in a plan of development is extensive, will take time and money for the proponents to develop. The City Planning Commission intends to convene additional public meetings about this proposal as details about the plan of development become available. This concludes my formal testimony, and I'll be happy, as will Deputy Mayor Altman, to answer any questions at this time.
Thank you, Madam President. Just a quick question. Neither 33 11/1/08 - RULES - BILLS 080741 & 080742 pieces of this legislation actually mention gaming, do they?
Neither of these bills actually mention gaming, do they?
I think that the, correct me if I'm wrong, the bill 11 080742 does mention gaming, because it is part of a Commercial Entertainment District use.
But that's part of the broader definition of Commercial Entertainment District?
It's a piece. It's a critical piece of a larger district, yes.
So one bill 21 essentially establishes a Commercial Entertainment District; the other bill 23 zones a specific site --
That's correct. 34 11/1/08 - RULES - BILLS 080741 & 080742
-- as a Commercial Entertainment District site for those purposes. So technically if there was some other Commercial Entertainment District purpose for the site, then it could be used under these bills?
In other words, your legislation says "the proponent," but the proponent has not been identified, although we know who the proponent is. There could be another proponent that develops a plan that would fall under Commercial Entertainment District and would also be viable for that specific site; is that correct?
If there was another proponent right now under these two bills, the only site that they could work under would be the 1000 block of Market Street, yes.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. And if you could just go a little bit further on that, because there's still a lot of confusion from a number of people. And, Andy, you were at the meeting at Society Hill the other night, where they interpret the boundaries in the one bill as allowing for a casino or casinos anywhere within those boundaries. You explained it well, Alan, but if you could just go a little bit further and explain why maybe that is not the case.
The first piece -- the first legislation, I think that's the 742 bill, establishes a classification that needed to be different than the one that currently exists, because the one that currently exists does not -- its rules do not 36 11/1/08 - RULES - BILLS 080741 & 080742 adequately address a downtown Center City location. However, the establishment of the classification does not establish the viability of gaming on any site within the geography presented or, for that matter, within the City of Philadelphia. All it does is establish a classification. It's the other bill that maps it to a specific site that establishes the viability of the use on the site. Therefore, nobody can come along and legally propose gaming on any other site under these bills than the 1000 block of Market Street. And if somebody wanted to do so, it would have to be a separate bill, it would have to come before the Commission again and ultimately before City Council again.
Let me just add to that that it's important to look at it also the other way, which is what are the protections built in that people are concerned about. And at the end of the day as you follow that through, nothing 37 11/1/08 - RULES - BILLS 080741 & 080742 takes effect, the bill doesn't take effect until the plan of development has gone through a public hearing process and is ultimately approved by the Council. Until that happens, for this specific site, in this case 1000 block, the legislation doesn't take effect. So it allows a process, but it does not rezone that site until the plan of development is adopted. COUNCILMAN DiCICCO: Thank you. And during the discussions that were between Brian Abernathy of my office and your offices, there was the concern do we keep it C-5 or do we do the CED. Would you just briefly explain what took part in that discussion, why this becomes a better bill in the sense of protection for the community as it relates to future gaming facilities.
That's right, Councilmember, and we've had a lot of discussion and a lot of concerns raised at the different community forums saying 38 11/1/08 - RULES - BILLS 080741 & 080742 that this is going too quickly, why are you doing this legislation, it's a foregone conclusion and why have you constructed the zoning proposal in this way. In fact, the easiest way to do this if we were truly trying to do the quickest and fastest and not an open and transparent process would be simply to take the C-5 legislation and allow gaming within C-5 and adopt -- have the bill 12 before you and adopt that legislation and say we're done, and then let Foxwoods or any other casino proceed within the Center City District. This does not do that, and the Councilmember's office, our office, Planning Commission and many people carefully tailored this to take the CED provisions, and they say, why take the CED. Because the important thing that the CED does is allows for the plan of development process, which the C-5 zoning would not allow. So we've kept the Center City zoning, but taken the CED so that we could build a process 39 11/1/08 - RULES - BILLS 080741 & 080742 and build safeguards and actually set out the framework by which Foxwoods, PREIT, the owner of the Gallery, the City and everyone can have a very clear understanding of what this process is. And that's how the CED legislation was constructed and why we thought it was so important to do that for this opportunity, this site. COUNCILMAN DiCICCO: Thank you. I have no further questions. Thank you.
Thank you. Can you tell us who are the existing tenants at the site? Do we know?
I can answer that. I can't recite them all to you 40 11/1/08 - RULES - BILLS 080741 & 080742 exactly, but Burlington Coat Factory is in that site I think at the corner of 11th Street. Old Navy is at the corner of 10th and Market, and there were a few smaller miscellaneous retails on the upper levels. On the Concourse level within that is heavily occupied by various restaurants, breakfast places, food courts and so on.
Will there be any difficulties in removing or relocating existing tenants?
Well, that's really a question we'll have to ask the PREIT. I think one of the issues they're working on right now is and working with Foxwoods is, one, to understand exactly what their physical requirements are going to be, and then they have to look -- PREIT has to look at how they will deal with the existing tenants, and I think that's part of the overall plan that they are working on, will be working on. 41 11/1/08 - RULES - BILLS 080741 & 080742
Very well. Assuming everything goes well with the development of this site, what would be the earliest opening as a gaming venue? Do we have any indication?
Well, it would probably be best to ask the next group -- I think you have Foxwoods coming up -- in terms of how long that would take them to actually open. A lot depends right now -- if legislation is adopted, they'll produce a plan of development. That can take a few months to do. And I don't know if at that point they maybe have a 12-month construction schedule, something along those lines, but I'll leave that to Foxwoods to answer.
Very well. Thank you. Any other questions? The Chair recognizes Councilman Kelly.
Mr. Altman, 42 11/1/08 - RULES - BILLS 080741 & 080742 I just want to know, were there any other locations in Center City considered for gaming?
I mean, at one point there was, as you know, and I wasn't here for that, but there was a task force, gaming task force, that had looked at a number of sites around the City, including Center City locations. This was something that was brought forward from Foxwoods to us as an alternative, I think as a result of, first of all, understanding better a vision for a waterfront, seeing what the downtown opportunity was, looking at previous studies, and that's how this came forward, but I think there was some evaluation in previous studies of downtown locations.
So it would be correct to say that there were other 43 11/1/08 - RULES - BILLS 080741 & 080742 locations in Center City considered at one time or looked at?
I wasn't here to speak to that. (Witness approached witness table.)
Hi. I'm Terry Gillen, Senior Advisor to the Mayor, Councilman. As part of this, as you know, the way the process worked actually was that when the Gaming Control Board invited companies to bid on sites, there was a -- it was really a process that was driven by the gaming companies themselves. It was not driven by the City of Philadelphia. So although the City had looked at potential sites, the real process was driven by the companies. And ultimately there were five companies that identified five sites, none of which were Center City sites, and they are the ones that went to the Gaming Board bid, and the Gaming Board was the one that 44 11/1/08 - RULES - BILLS 080741 & 080742 selected two of them. So that when this Administration came in, that was the situation that we were faced with, as you know. And after lots of back and forth, I think that was what made Foxwoods decide that even though they had been selected to locate on the waterfront, as Andy said, they agreed to look at another site, which is the Gallery site. But it's really up to them. They're in control of this right now. It's not something that the State Legislature wants the City to control. We don't have control over this, and in many ways, it's really being driven by the company itself.
Thank you, Madam President. Mr. Altman, in your answer to the Council President on the timing 45 11/1/08 - RULES - BILLS 080741 & 080742 issue, I just want to be clear. I understand that I guess I'm getting more specific to the time it would take for government to do what they have to do, forgetting how long it might take for the facility to actually be built. I know you both were very clear in the process, that this is the beginning of the process. Again, to repeat the Council President's question, in assuming that things go along positively as far as moving this thing, how long would that take before it gets to where they can actually put a shovel in the ground or whatever?
Let me take a crack at that. Having practiced architecture 34 years, I know a little bit about it. It is going to take them several months to do a plan of development. That may be on the short side of several months, it may be on the longer side. It's mostly a function of 46 11/1/08 - RULES - BILLS 080741 & 080742 what their development team can do and how fast they can produce the work. And then it has to go through the approval processes, both at City Planning Commission, at this Council and then ultimately to the Mayor. From there, they also have to produce a set of design and construction documents that tell a builder what to do. We can't speak to how early on in this process they're willing to invest in that. So that will probably add some time to their development process, which they can choose to shorten by taking the risk of starting to do those kind of documents. Once done, they're renovating existing space, so the time of construction is not going to be -- what could be anywhere from 18 to 24 months for a normal project, it's going to be something less than that. And really the ultimate compression of that schedule is more in their hands. 47 11/1/08 - RULES - BILLS 080741 & 080742
And if I'm right, there's at least two other times, formal times, where the public can be involved, both with the Planning Commission and with us, right?
And then obviously whatever other community meetings there are. So there will be a lot of other times?
There will be many other times. And at least just speaking for the Commission itself, our interest on major projects in general these days, and certainly on this one, is that as a plan of development evolves, we would like them to present it at a public meeting of the Commission for information only so that we can see the emerging scheme and have public comment and criticism at that time, and then see it again when they have it pretty much done. Obviously those are public 48 11/1/08 - RULES - BILLS 080741 & 080742 meetings. We also have an interest in organizing a public information session, separate from the Commission itself, to discuss a wide range of issues that might be associated with that, and that will probably be -- we're going to have to organize that relative to their schedule of development, but if they move quickly, that could be somewhere before the end of this year, and we'll obviously make announcements accordingly.
Thank you. Thank you very much. Thank you, Madam President.
Thank you. Are there any other questions from members of the Committee? (No response.)
Thank you very much, sir. MR. McPHERSON: Our next panel --
49 11/1/08 - RULES - BILLS 080741 & 080742 Excuse me, Mr. McPherson. I would like the record to reflect that we indeed have a quorum. To my extreme left is Councilman Kelly, Councilman Greenlee. To my extreme right is Councilwoman Miller, Councilman Goode, Councilman DiCicco and Councilman Kenney. Mr. McPherson, would you please call the next witnesses. MR. McPHERSON: The next panel consists of Jim Dougherty, President and COO of Foxwoods Philadelphia; Nick Moles, Vice-President and General Counsel of Foxwoods Philadelphia. (Witnesses approached witness table.)
Good morning. Welcome. Please identify yourself for the record and proceed with your testimony.
My name is Jim Dougherty. I'm the President and COO of Foxwoods Casino Philadelphia. With me this morning is Mr. Nicholas Moles. Nick 50 11/1/08 - RULES - BILLS 080741 & 080742 is our Vice-President and General Counsel.
Good morning, President Verna, Councilman DiCicco and other distinguished members of the Council. Thank you for this opportunity to speak to you today regarding the proposed zoning for the Gallery site and for being here on a Saturday. As you know, about two months ago, at the request of Mayor Nutter, Councilman DiCicco, Governor Rendell and Representative O'Brien, Foxwoods announced that we would evaluate the Gallery as a potential alternative site for our world-class project. At this location, our project can serve as a catalyst for the revitalization at East Market Street, encouraging the growth of additional retail and restaurants. In walking distance are nearly 20 major hotels. 51 11/1/08 - RULES - BILLS 080741 & 080742 This site will attract a significant out-of-town customer base and is a major transportation hub for the SEPTA Regional Rail and buses, the PATCO high-speed line and New Jersey Transit buses. Foxwoods and City and State officials have continued to have productive discussions regarding the potential for a Foxwoods casino to be developed at the western end of the Gallery between 10th and 11th Streets. This is a decision none of us takes lightly, and we recognize that the City's efforts in introducing this legislation allows these discussions to continue to determine whether this project works for the City and for Foxwoods. In fact, passage of this legislation will give us as the developers the confidence to invest millions more to continue to evaluate this location. While collaborative, good-faith discussions continue with the City, this legislation marks the beginning of a 52 11/1/08 - RULES - BILLS 080741 & 080742 process. Considerable work remains before Market East becomes a definitive site, including continued discussions with the surrounding communities. We look forward to continuing to work with you, the Nutter Administration, as well as Governor Rendell and Commonwealth officials. We recognize that everyone would like more information. After zoning is complete, we will enter into the plan of development process where our architects and other consultants will move from the evaluation phase to the design phase. If we do determine that a project that meets our high standards and serves as a catalyst for the revitalization of Market East can be achieved at the site, we expect to fully participate in the processes of the City and the Pennsylvania Gaming Control Board. We look forward to continuing to work collaboratively with the City and State officials, and we thank you for 53 11/1/08 - RULES - BILLS 080741 & 080742 your time today.
Thank you very much. Mr. Moles, are you going to testify?
Thank you. Are there any questions from members of the Committee? (No response.)
Thank you, gentlemen. Thank you very much. Our next panel? MR. McPHERSON: Consists of John Dionis, Alison Wolff and Tony Forte. (Audience member yelling.)
Good morning. Kindly identify yourself for the record.
Good morning, Councilmembers, staff, public officials and community members. My name is Alison Wolff and I'm an Associate Director of 54 11/1/08 - RULES - BILLS 080741 & 080742 the Pennsylvania Real Estate Investment Trust. We are more widely known as PREIT. I am joined by John Dionis, an Associate Director of Development at PREIT, and Anthony Forte, our real estate attorney from the law firm Saul Ewing. We would like to thank City Council for allowing us the opportunity to say a few words about the development project related to the proposed zoning ordinances being reviewed today by this Committee. Founded in 1960, PREIT is a publicly traded corporation and one of the first equity real estate investment trusts in the United States. Our primary investment focus is on retail shopping centers. Currently, our company's portfolio consists of 56 retail properties in 13 states, including 38 shopping malls, 14 power and strip centers, and four properties under development. Headquartered in Philadelphia, PREIT primarily invests 55 11/1/08 - RULES - BILLS 080741 & 080742 within the Midatlantic region, and our local interests include such familiar shopping destinations as the Shops at the Bellevue, Cherry Hill Mall, Willow Grove Mall, Plymouth Meeting Mall and Springfield Mall. Between 2003 and 2006, PREIT acquired interests in the lower six floors of the former Strawbridge and Clothier Building, the original Gallery I shopping mall and the Gallery II shopping mall, stretching from 8th to 11th Streets on Market Street East. We now operate 765,000 square feet of above-ground and below-ground retail space at this Market East location. PREIT's vision for the Gallery is to create the premiere shopping destination in Center City Philadelphia. While the Gallery already boasts strong retail sales, we believe the Gallery's full potential has not yet been realized, and we believe it would benefit from a new mixed-use development, improved 56 11/1/08 - RULES - BILLS 080741 & 080742 connections to the surrounding neighborhoods, and improved retail offerings serving tourists, commuters, conventioneers, local residents and the existing Gallery customers. A key characteristic of the Gallery is its superior location at the nucleus of one of the busiest transportation hubs in Philadelphia. The Market East Rail Station is located underneath the Gallery, serving SEPTA's Regional Rail and subway lines. The Gallery is also directly connected to SEPTA bus lines, New Jersey Transit bus lines and the PATCO rail line, with connections to New Jersey. The Gallery is perhaps the most centrally located and conveniently accessed shopping center in the entire Greater Philadelphia region. And, of course, the Gallery is also directly connected to the Pennsylvania Convention Center and within a short walk from the Center City's downtown business district, tourism and convention hotels 57 11/1/08 - RULES - BILLS 080741 & 080742 and attractions, and the downtown neighborhood districts. During PREIT's development of a strategic plan to upgrade the Gallery and better fulfill its great potential to be the premiere shopping center in Center City, we were contacted by the representatives of the Foxwoods gaming partnership to explore prospects for utilizing a portion of the Gallery to house a Pennsylvania licensed gaming facility. Although development plans are only in the pre-conceptual stages, a proposed Foxwoods gaming facility would occupy space within the Gallery II building, between 10th and 11th Streets, as a long-term tenant. PREIT is exploring the feasibility of renovating a portion of the space within this existing building for the proposed Foxwoods gaming facility and accessory uses.
I have included a cross-sectional view of the Market East stretch from 8th Street to 12th Street in 58 11/1/08 - RULES - BILLS 080741 & 080742 your package, and we thought that this view would be helpful to provide a visual context both for the scale and the placement of the proposed project. In closing, PREIT has determined that the Foxwoods proposal may offer a beneficial opportunity for the Gallery, the Market East district and the City of Philadelphia. We believe that it is a true catalyst to accelerate plans for upgrading the overall retail, entertainment and commercial district in this area by providing a vibrant destination that connects both ends of the Market Street East corridor. To pursue this opportunity, Foxwoods, PREIT and the City will need to work together in the months ahead on exploring the feasibility of the proposed project and undertaking a planning process, resulting in a plan of development for the site. To begin that process, we first need the assurance that the property will be rezoned to 59 11/1/08 - RULES - BILLS 080741 & 080742 accommodate the proposed project, and we, therefore, request that Council vote in favor of the two zoning ordinances being considered today. We look forward to participating in a dialogue and planning process with Foxwoods, the Planning Commission, the City Council, the Administration and members of the community in the coming weeks. Again, we thank you for allowing us to provide this testimony today and welcome any questions you may have.
Thank you very much for your testimony. Are either two of you gentlemen going to testify?
Thank you, Councilman. Could you just tell me, just so I understand, exactly how much of the 60 11/1/08 - RULES - BILLS 080741 & 080742 Gallery is being taken in measurements if the casino is put in there? And getting back to the Council President's question, you can also address who would be -- I don't know if you've looked into who would be displaced first and how that would be handled. If you could get into that a little bit, please.
Well, at this point, we're still in negotiations with Foxwoods, so we can't comment on the exact square footage, but we can confirm that it will be located within the Gallery II building, which is between 10th and 11th Street. We also can commit to maintaining the free flow on the Concourse level. We intend to keep that open as it is today. In regards to specific tenants, again, we're not sure exactly where they're going to be located within that building, but we will honor the existing terms of all of the leases that currently exist. 61 11/1/08 - RULES - BILLS 080741 & 080742
Have there been any discussion with any of those businesses yet at all?
Thank you very much for your testimony. Next panel, please. Paul Levy, William Walsh, John Connors and Michael Young. (Witnesses approached witness table.)
Good morning. Welcome. I would again like to remind you of the three-minute deadline. Thank you.
Thank you. Good morning. My name is Paul Levy. I'm President of the Center City District, and good morning, Councilwoman Verna, members of the Rules Committee. I've passed out a longer testimony. I'll be 62 11/1/08 - RULES - BILLS 080741 & 080742 much briefer in my comments here, as will the other owners and developers who have joined me. The Gallery site is positioned at the very center of the Center City District, and that location will have significant operational considerations for us, both in terms of levels of service and time of service, but as head of the Center City District, I strongly support the designation of this area for a Community Entertainment District -- a Commercial Entertainment District. I would like to make three points. One, I think we all need to keep certain things in perspective as we hear criticisms of this site today. One, it is obviously important that the City address the legitimate concerns of adjacent communities about traffic, security and social behavior, but let's remember that the Foxwoods casino will probably be no larger than 300,000 square feet in what is a one million square foot 63 11/1/08 - RULES - BILLS 080741 & 080742 shopping center. It is next door to a 720,000 square foot ARA Tower that draws 3,000 workers in each day without any particular problem. It is next door to a 440,000 square foot Convention Center that accommodates conventions up to 30,000 people at a time and gate shows that go up to 100,000. Down the block is the Independence Visitors Center, which drew 2.3 million people last year, without any detrimental impact. In fact, a very positive impact on the City. On South Broad Street, we have a 400,000 square foot Kimmel Center that draws people into town. Around the corner, a 1.2 million square foot Comcast Center and more than 40 million square feet of office space. My point is very simple. We have a transit system that brings 300,000 people into town each day. We have a highway system that brings 50,000 to 60,000 cars a day, and we can accommodate all of these. 64 11/1/08 - RULES - BILLS 080741 & 080742 Philadelphia is not a small town or a village about to be overwhelmed by cataclysmic change. We are the fifth largest American city, and we can handle this development like we handle many other developments. It's clear that the concerns that are raised need to be addressed, and it's important to remember that the Commonwealth has set aside four percent of gross gaming revenues specifically to address social problems, security problems and other problems around the area. Point number two, the design of the casino should promote outward activities, and we've heard that from both the City and from Foxwoods. We need street-level retail and restaurants. We need sidewalk cafes that animate Market Street. It needs to stimulate business in adjacent areas, including the hundreds of excellent restaurants that are within Chinatown. 65 11/1/08 - RULES - BILLS 080741 & 080742 Point number three, the City should use this casino to stimulate additional development on Market East. (Bell rang.)
Wow. Okay. We put huge investments into the Convention Center and hotels, huge investments into the Independence Hall area. The area between these two visitor destinations -- (Audience members yelling.)
The area between these two visitor destinations leaves a great deal to be desired. The Convention Center area, the historic area can be linked together with quality retail and destination entertainments if we use the casino. Thank you.
Good morning, Councilmembers. My name is John Connors. 66 11/1/08 - RULES - BILLS 080741 & 080742 I am President of Brickstone Realty Corporation, and for the past years, 4 our principal business has been the 5 redevelopment of East Market Street. We 6 are currently the owners of Mellon 7 Independence Center, formerly the Litt 8 Brothers Department Store building, but 9 we are also the developers of the John 10 Wanamaker building, the Marriott 11 Courtyard Hotel, formerly City Hall 12 Annex, and 1234 Market Street. So for 13 the past 20 years, we've spent virtually 14 all of our energy on East Market Street, 15 and it's been an extraordinary ride. 16 Market Street East has changed 17 dramatically, but the full promise of 18 East Market Street has not yet been 19 realized. And we have plateaued for many 20 reasons, but if you look at East Market 21 Street, most of the commercial 22 development, private sector development, was done with the benefit of historic tax credits, if you look at the PSFS building, Litt's, Wanamaker's, Reading 67 11/1/08 - RULES - BILLS 080741 & 080742 Headhouse, and those tax credits have been exhausted. Where we are now is that we've sort of hit a plateau for the last five or six years where nothing significant has happened on East Market Street by way of new development. And I echo Paul's sentiments that the casino as a catalyst for the remake of the Gallery is an extraordinary opportunity. The casino, for its own sake, is not an issue for me, but as a catalyst for the remake of the Gallery, I think it could take East Market Street to that next level, and we've been anxious and poised for it, and I think its time has come.
Thank you very much. Mr. Walsh, are you testifying?
Thank you. Good morning, Councilmembers. My name is Bill 22 Walsh. I am the General Manager of the Philadelphia downtown Marriott. In addition to this job, I also have certain oversight responsibilities for the other 68 11/1/08 - RULES - BILLS 080741 & 080742 Marriott hotels in Center City. Over the past years, Marriott International and 4 our various ownership groups have 5 invested over $300 million in the 6 development and operation of our hotel, 7 the Marriott Courtyard, the Residence Inn 8 by Marriott and the Ritz Carlton Hotel. 9 Collectively, we have over 2,500 rooms in 10 the marketplace, which comprises about 25 11 percent of the hotel inventory in Center 12 City. Additionally, the same percentage represents a number of staff members we employ relative to the total workforce in Philadelphia hotels. Each year we contribute slightly more than $5 million to the City through various taxes and fees. This figure does not include the wage taxes paid by our associates or the sales and occupancy taxes paid by our customers. I'd further like to say that I am a supporter of bringing gaming to the City for a variety of reasons. My 69 11/1/08 - RULES - BILLS 080741 & 080742 testimony today is not just to offer support for this proposed site, but it is rather to ask that a detailed comprehensive redevelopment plan is instituted by all stakeholders to ensure that if the site is finalized, it can be successful for everyone. The thought of operating a casino in the heart of our City without such a plan to me is a little bit like putting a cart before the horse. If such a plan is developed and implemented correctly, we can create another component to our city that adds excitement and vitality and provides us with a competitive advantage over other markets in the United States. I'm sure that most people recognize that there is no such thing as a perfect site, and any proposed site will have many obstacles to overcome before becoming a final product. The proposed location at Gallery Mall is no 25 exception. 70 11/1/08 - RULES - BILLS 080741 & 080742 As a major business operator/employer along the Market Street corridor, I feel that there are several broader social issues to consider in the development of this proposed site. In my job I have the opportunity to speak with many customers and many potential customers. I ask them for their business and I ask them to return to Philadelphia. The overwhelming issue I face is their concern expressed by meeting planners is that the area around the hotel and the Convention Center is unsafe. This mindset of our customers prohibits the ability to book more business and grow revenues. In turn, this creates a situation that decreases City tax potentials and provides less jobs for our citizens. If the Gallery Mall is the ultimate location for the casino, we cannot be blind to the fact that this is where the greatest concentration of homeless people exist in our city. While 71 11/1/08 - RULES - BILLS 080741 & 080742 it is imperative that these individuals are treated with respect and dignity, the fact remains that we will not change this unsafe perception until we can have local laws and ordinances put into place to properly deal with this issue while maintaining and protecting their rights. Additionally, the outdated entire look of Market Street East between City Hall and the historic district does not promote an image of welcomeness. (Bell rung.)
A redevelopment plan will modernize and improve the overall aesthetics to this area that is long overdue. It must be developed in conjunction with the casino so that this neighborhood can be more attractive to our citizens and visitors. My final thought relative to this proposal site is that the host fees generated from casino operators and that the revenue generated from the casinos must be used to help finance the 72 11/1/08 - RULES - BILLS 080741 & 080742 development needed to transform this area of the City and not be used in the City's general funds. As I stated earlier, I am a proponent of gaming in our city, and I believe this industry could be the catalyst for a vision that has Market East as a hub of activity that allows people to be entertained in a safe neighborhood environment. Thank you.
My name is Michael Young. I am a General Partner of Girard Square Partners that encompasses 12th to 11th Street, Market to Chestnut. As a new investor on the block, we would like to contribute to the major redevelopment of the area, but without the confidence that there is an overall improvement strategy on the street, it's going to be difficult, probably very 73 11/1/08 - RULES - BILLS 080741 & 080742 difficult. As owner/developers who have major investments on the street and in other areas of the City, we would love to seek passage of this bill as a tool to effectively use to achieve the broader objectives for the area. Our other investments are the Wachovia Bank building in Philadelphia, 230 South Broad, 42 South 15th Street, 125 South 9th Street, along with a large portfolio of multi-family dwellings throughout the northwest section of the City. Thank you.
Thank you. Any questions from members of the Committee of this panel? (No response.)
Gentlemen, thank you. Our next witnesses, our next panel will be? 74 11/1/08 - RULES - BILLS 080741 & 080742 MR. McPHERSON: Helen Gym, Asian Americans United; Deborah Wei, FACT Charter School; Ellen Somekawa, Executive Director -- (Witnesses approached witness table.) (Applause.) (Standing ovation.)
Please. That's enough. That is enough. Please sit.
You will have no more outbursts like that or we will conclude this. I'm serious. We're trying our best to proceed with this in a mannerly way on both sides and I wish you would all appreciate that. Please identify yourself for the record and proceed with your testimony.
Helen Gym, Asian Americans United and a representative of 75 11/1/08 - RULES - BILLS 080741 & 080742 Chinatown and the broader community in Philadelphia that opposes this casino. I would first like to acknowledge the people in this room 6 today, and I would like the over 200 people in this room today to stand up so that City Council and the members of this City can see who is here and who took time out of their Saturday to come here to say no to this proposal. (Audience members standing.)
I want you to know that there are over 200 people in the Caucus Room across the hallway and that there are more than 600 people who marched in our streets this morning at your request, and these representatives are the voices that if we can do one small measure to say a peace for them, we will have tried to do our part for you. So thank you. More than 600 people did march in the streets this morning at the request of City Hall, with less than a 76 11/1/08 - RULES - BILLS 080741 & 080742 handful -- less than a couple weeks' notice, to talk about what we're doing here today, to say that we do believe in a new day for City Hall, to say that we believe in a city that values the voices of neighbors and its residents and citizens at least as much as it values the voices of political insiders, private, wealthy investors and a gambling industry that has been kicked out of every single neighborhood that it's tried to set its feet into. We believe in a city that considers public interest over the self-interest of the two panels that preceded ours. So I want to know that if this is an open process, what does it mean when 600 people stand in the streets to say stop it? What does it mean when 400 people are in a Chinatown meeting that say stop right now what you are doing? Are you going to move forward? Is that the open process that you're promising us? 77 11/1/08 - RULES - BILLS 080741 & 080742 I know City Council doesn't want to talk about gambling. You make it easy. You say, Let's talk about zoning. But we do need to talk about gambling here today, and there will be other panels that talk about it. There are two reasons why. One, City Council is proposing to place a casino next to one of the biggest transit hubs that exposes it to the maximum number of Philadelphians in our city. That is every single one of your constituents in your district that we're talking about. It is not Councilman DiCicco's councilmanic prerogative to say that zoning matters for him. This is everybody in our city that we're talking about. The second issue is that we are in hard economic times and it is easy to look at those host fees and say, oh, 70 million in host fees over five years, that will erase some problems. But you saw the front page story in the Inquirer. 78 11/1/08 - RULES - BILLS 080741 & 080742 You saw the cost of gambling. You didn't even see the kind of costs that the Mayor of Ledyard is going around -- Ledyard, Connecticut where Foxwoods normally was, she's going around Maine talking about how phone calls in her city have tripled to police. (Bell rung.)
Criminal incidents have doubled. From our Mayor, from the panel that preceded us, we say that they have a lack of vision around marketing. Look at our neighborhoods. We have turned -- Chinatown has turned its neighborhood around, Washington West has turned its neighborhood around, Society Hill. We have not lost the vision for our city. Mayor Nutter says, I don't have anything on the back of a napkin to tell you what this thing will look like, and for that, we ask you to stand with us, for the citizens of Philadelphia, and say stop this process now. We have a better 79 11/1/08 - RULES - BILLS 080741 & 080742 vision. We need a better plan. There is no license for this site. You need to hear what people have to say.
My name is Ellen Somekawa. I am from Asian Americans United. Michael Thomas, the head of Foxwoods, recently boasted that gambling addicts are his client base. Like any successful business, Foxwoods seeks to expand its client base. It is in Foxwoods' interest to grow the pool of gambling addicts, bringing in an estimated 27 to 55 percent of casino revenues. Problem or pathological gamblers are not an incidental casualty of casinos. They're a core component of their business plan. So casinos apply free alcohol to impair judgment, give out comps to encourage frequent visits, design slot machines to make gamblers oblivious to the extent of their losses, stay open 24/7 to keep gamblers at the machines. 80 11/1/08 - RULES - BILLS 080741 & 080742 Casinos know how to build their client base. But we're not here to talk about the many techniques that casinos use to foster addiction. Location, location, location: That's what we're here to talk about. It seems like just good, sound business practice for Foxwoods to try to plop itself down right in the center of a major metropolitan area, at the hub of all of the City's transit line and next door to a neighborhood full of people who are already their best customers. Why not just situate yourself in the center of this huge potential customer base where people don't even have to think twice before entering to blow their paychecks or watch their Social Security checks disappear? And why not try to normalize this behavior so that gambling becomes as much a part of Philadelphians' daily life as happy hour or browsing at the mall. And better 81 11/1/08 - RULES - BILLS 080741 & 080742 still, why not groom the next generation of gamblers by setting up shop in one of the main teenage hangout spots in the City? This is all sound business practice for an industry that profits from and preys on addiction. What I don't understand and what I can't accept is why the leaders of this City, our elected and appointed officials, see more interested in supplying Foxwoods with their customer base than in serving the public interest that it is their sworn duty to uphold. I was stunned when I turned on the radio and heard the Mayor's Senior Advisor say that one of the benefits of the Gallery site is that it won't create traffic problems that were projected at the waterfront. No, traffic wouldn't be a problem, because at Market East, the casino would be right within walking distance of many customers and accessible by all of the mass transit lines. Since when is it our public officials' job to 82 11/1/08 - RULES - BILLS 080741 & 080742 help serve up Philadelphians to a predatory industry that thrives on the impoverishment and the addiction of its customers? This is a shameful targeting of the thousands of residents of Chinatown, of SEPTA commuters, of downtown workers, of Gallery shoppers, of the poor and working people of Philadelphia of all races. (Bell rung.)
Foxwoods in Connecticut estimates that 30 percent of its revenues come from Asian gamblers, this in the state where less than four percent of the population is Asian. In times when many casinos are struggling with declining revenues, the Asian market is a growth area. It is clear that we are a target of casinos and of Foxwoods in particular. Members of City Council, I ask you, when you see us, when you see the Philadelphians who ride SEPTA every day, those of us who go to work or who 83 11/1/08 - RULES - BILLS 080741 & 080742 live in Center City or those of us who can't afford to shop in Rittenhouse Square but who instead find what we need at the Gallery, when you see the people of Chinatown, when you see us, do you see us as your constituents or do you see us as your targets? The legislation that you're considering to create a CED zone at Market East is asking you to permit a new noxious and corrosive use right in the heart of our city and bordering on one of our cherished neighborhoods. People from every part of the City use the transit hub. People from every part of the City work in Center City. People from every part of the City view the treasures of our historic district as their own. It may be in Foxwoods' interest to create this CED in the heart of our city, but it is not in the best interest of this City or its people. If you see us as your constituents and not as Foxwoods' 84 11/1/08 - RULES - BILLS 080741 & 080742 targets, please vote no on this CED legislation.
Thank you very much. Our next witness? (Applause.)
My name is Deborah Wei. I am the Principal of the Folk Arts and Cultural Treasures Charter School in Chinatown. In the past several decades, I've been involved time after time with struggles to protect the integrity of a community which has existed for nearly 150 years but which never seems to be recognized as a community by this City government. Decisions have been made time and time again to introduce into this small struggling community government-supported projects, which have increasingly contributed to the 85 11/1/08 - RULES - BILLS 080741 & 080742 deterioration of the quality of life in Chinatown. This zoning legislation represents the latest but most odious and pernicious of proposals to impact Chinatown. And my latest role as a Principal in a school with children and families with whom we work and to whom we are accountable has made me feel the weight of this project more than any of that before it. My students learn about American democracy. They walk to the symbols. Not just local; in fact, not just national, but international symbols to the world of the birth of the promise of the best of what democracy can be. They walk to the Liberty Bell, Independence Hall, the Constitution Center, Ben Franklin's home. They see what the rest of the world sees, a history and a promise. They gaze out of their classroom windows at this place, City 86 11/1/08 - RULES - BILLS 080741 & 080742 Hall, a place in which they are told sit representatives whose responsibility it is to serve the citizens of this City, all the citizens, including them, including these children in a school in Chinatown. And now they sit here in this room trying as best they can to understand how these symbols of democracy situated on opposite ends of a stretch of land in the heart of the City can be hijacked by not the best but the worst of what democracy can bring, a patent non-process, a lack of vision, a disregard of their lives, their hopes, their dreams. The best of what the City can lay down to knit together these symbols of democracy are a bunch of slot parlors. They try and understand, and we try to help them understand, but how can we explain the inexplicable? How can I tell them that our city has decided to slap something down here in this critical 87 11/1/08 - RULES - BILLS 080741 & 080742 stretch of land, not because it has been carefully studied, thought about, envisioned, not because all issues have been weighed, all environmental impacts measured, not because there is a vision grand enough to fill in the bookends of these symbols of democracy, but because, quote, We're going to have to have two casinos and we need to put them somewhere. (Bell rung.)
Because, quote, Someone has to take them. Because, quote, We got to put something here. My students are young, but they are wise beyond their years. They've heard the arguments about City revenue, about livening up the streets, about reinvigorating the City, but they have also seen things children should not have to see, families torn apart by gambling addiction, low-income people throwing their money away because of a pathological addiction fueled by an 88 11/1/08 - RULES - BILLS 080741 & 080742 industry that doesn't give a damn about who gets hurt, a community that has a government-funded highway passing through it but no green space to play, a community that has a Convention Center with hundreds of millions of government money invested in to bring tourists downtown, but no community center for the residents who live there. They've seen their fair share of adults who failed them time and time again. The irresponsible passage of this zoning legislation, almost unprecedented in being of such scope and so quickly introduced into Council, sends a clear but sorry message to these young students, the worst of a political process where the money boys can play games with the lives of hard-working residents, where politicians in Harrisburg push their personal agendas without regard to those who they elected -- who they are elected to represent, where acts of political 89 11/1/08 - RULES - BILLS 080741 & 080742 expediency take precedence over acts of political courage. These cannot go unchallenged. Not by those of us who love and care and believe in the promise of these young lives. How much investment will pay for the continued destruction of a community whose historical existence should be celebrated, not constantly assaulted? How much money can buy back the cynicism about the politics of this City that leave such bitter tastes in the mouths of ones so young? How much revenue will buy back the lost childhood of a child of a gambling addict? And to all the adults in this room, I ask, who will speak for the children? (Applause.)
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam Chair, and good morning, ladies. 90 11/1/08 - RULES - BILLS 080741 & 080742 Do either of you have any suggestions as to where the casino or a casino should be located in the City of Philadelphia, understanding that the Act does not permit us to be within ten miles of any racino, which is the Harrah's casino in Chester County and Philadelphia Park in Bucks County? (Audience members yelling.)
Excuse me. I think the question is being asked of the panel.
We think that it's not our job to suggest a site for the casino. COUNCILMAN DiCICCO: I'm sorry. Say that again.
I think that it's not our job to find a site for the casino. And I understand the bind that the City finds itself in. However, I think the principles that Mayor Nutter 91 11/1/08 - RULES - BILLS 080741 & 080742 signed when he was a candidate running for Mayor that a casino should not be located within 1,500 feet of a residential neighborhood, of homes, schools and churches is a good principle to follow. The principle that there needs to be an open, transparent and public process with public input is a good principle to follow. I think using those principles, we would welcome the City trying its best to move forward to find an appropriate location. COUNCILMAN DiCICCO: And I understand and I respect that, but I noticed the absence of you and your organization during the three and a half years of debate for the Foxwoods site at the Columbus and Reed and the SugarHouse site in Northern Liberties, and I was wondering if those sites would be more acceptable since you did not take a position to oppose them for the past three and a half years. And as far as you're concerned, 92 11/1/08 - RULES - BILLS 080741 & 080742 your question or comment about the 1,500 foot, we tried to get a referendum. The Supreme Court shot that down. So in theory or principle, we may agree with that, but there's no law that would allow for us to take that and use that as a measuring gauge unless we do find something that's not within 1,500 feet of a residential community. And to date, other than one site, which is not even in my district, I don't know of any others that would be permissible under the Act. But, again, I asked you that because I understand the Gallery and its close proximity to the Chinatown community. I'm very well aware of that. But the SugarHouse site was about 12 to 15 blocks away, and no disrespect, you all were silent when that discussion was going on for the better part of three and a half years.
93 11/1/08 - RULES - BILLS 080741 & 080742 Excuse me. You're going to have to identify yourself, please, for the stenographer.
No problem. Helen Gym, Asian Americans United. Thank you, Council President. What we would like to see City Council see its investment spent time in is if City political leaders can't come up with direct ideas about where these things could go, that if there could be a resite committee that takes a look, that brings in different people from around the City, foundations, different neighborhoods, residents, other things, that we take the resiting of these casinos seriously, that we can look at the restrictions that we have, that we -- sometimes it helps to bring it out of the political process where people tend to get like in a tunnel vision around what you can and can't do and ask for a broad group of people, who I think are very interested in it, to take a look and see 94 11/1/08 - RULES - BILLS 080741 & 080742 whether we can resite these casinos responsibly. COUNCILMAN DiCICCO: But we don't have that luxury, and I've been dealing with this issue since December of 2005 and I have yet to have any of my colleagues, no disrespect to the District Councilpeople in particular, not one has come to me and said, I have a place in my district that the neighbors would be willing to accept a casino. So we've all been dealt pretty much the same hand. Again I ask the question, why are you so adverse to the Gallery site, where you were very silent -- I didn't see you at any of the meetings, I hadn't seen any material come from your organization opposing the SugarHouse site, which is somewhere between 12 and 15 blocks away from the Gallery? Are you suggesting that people would not be --
Councilman DiCicco -- 95 11/1/08 - RULES - BILLS 080741 & 080742 (Audience member yelling.) COUNCILMAN DiCICCO: Jethro, you'll have your turn.
I'm Ellen Somekawa from AAU. Councilman DiCicco, I think you raise a valid criticism, and in fact, Asian Americans United's silence on the previous sitings of the casinos is not something that we were particularly proud of. It's something that we, in hindsight, wish that we had been very involved with. In the period from 2004 to 2007, AAU apologized to our various allies and constituents and told them that we needed to focus on the construction of our charter school. We laid down most of the programs at our organization. We went down to a staff size of one person during that period, and I'll tell you, there were many, many issues that we were not involved in that we wish we had been better allies to our friends at the waterfront site. 96 11/1/08 - RULES - BILLS 080741 & 080742 COUNCILMAN DiCICCO: And I appreciate your honesty. As it relates to the charter school, you know there were a number of people who were opposed to your charter school being built in Chinatown, the Chinatown community in particular, a number of people opposed that. I supported that. I've supported that concept, and I also supported it in terms of financial issues. And just one more point I want to make. I keep hearing over and over again that Chinatown somehow does not get the service that they need, that we don't do things in Chinatown. I think I've invested almost $6 million to date in Chinatown. Two, three months ago there was another million-dollar grant that has been awarded to PCDC, all going towards a development of a Chinatown community center. So I kind of want the record to understand that there are a number of things that have been done in Chinatown 97 11/1/08 - RULES - BILLS 080741 & 080742 over the years, at least during my tenure, and there are plans to do more things going forward. So to suggest that somehow Chinatown gets overlooked I think is doing a disservice, not only to me but to the rest of this body, who has to prove some of the things that I've come to them with.
I think my reference in my testimony was about scale and about cumulative effect. And while we appreciate the support that comes to the community, I mean, we are looking at projects that received hundreds of millions of dollars and we are now looking at a project that you can't mitigate yourself out of in terms of the damage that it will do to our community. COUNCILMAN DiCICCO: But that's what we're attempting to do by way of a process. Many people keep saying there is no process. We are here today. This is democracy. Legislation gets introduced. People have an opportunity 98 11/1/08 - RULES - BILLS 080741 & 080742 to be heard, agree or disagree. Ultimately elected officials, their responsibility is to make a decision. This is democracy. To suggest that it is not, we're not doing the appropriate thing by having public hearings, I think it contradicts your statement about this is not part of a democratic process. Now, I'm not going to debate the constitution of what you're allowed to do or not, but you don't get this in many places. We didn't have this in Harrisburg when they were debating the issue on the Gaming Act. None of us did, including us as elected officials. So we have to deal with this issue as best we can. We're going to go through a process. It's going to take several months before we get to the end of whether the project of development plan is approved or disapproved by the Planning Commission. Ultimately it will come over to this body, and the 17 of us will have to make a decision whether to 99 11/1/08 - RULES - BILLS 080741 & 080742 support that plan of development or not support it. That is democracy. Thank you.
Councilman DiCicco, can I respond? Because I want to say that we appreciate your support on the charter school and we're happy that we don't have a relationship where we are adversarial in every single issue, but you have to understand that on this issue, we have never felt more strongly about anything in the years of our 14 history. 15 The second thing is that when 16 you speak of democracy, I think public 17 hearings are democratic, but rushing to 18 introduce zoning legislation that targets 19 one City block, a block away from 20 Chinatown and in the center of the City, is a rushed process. It's doing zoning before planning. It's doing zoning before studies, and, frankly, that doesn't seem very democratic. It seems rushed. It seems like PREIT wants it 100 11/1/08 - RULES - BILLS 080741 & 080742 because they have high vacancy. It seems like Foxwoods wants it because they have then only to do a redecoration job of the Gallery instead of doing a greens field development. It seems like there's lots of interests that are interested in this going forward quickly, and what I am not understanding is what's the rush. Why do you need to rush into this? It's been said by Mr. Altman and others that really the CED zoning doesn't mean that much. It just opens up a process. It just opens up -- it just makes it possible for the exploration and studies to happen. But my question to you is, if that's the case, if it's just to enable exploration and study, why don't you make the entire City of Philadelphia into a CED zone? If it's really just nothing. (Applause.)
If it's really nothing. COUNCILMAN DiCICCO: Not a bad 101 11/1/08 - RULES - BILLS 080741 & 080742 thought.
Thank you. COUNCILMAN DiCICCO: So the people in Port Richmond, the people in Southwest Philly, you never know, next week we may have legislation that will make their neighborhoods CED as well. And I'm not saying that sarcastically. That's up to individual members of City Council or an individual member of City Council to make that decision. If that's what they want to do, so be it. But understand, for a long time while I was attending those waterfront meetings about the SugarHouse and the Foxwoods site, I kept telling people that I should be in the room having these discussions with the potential operators, because if I don't do it, someone else will do it for us, and lo and behold, the Supreme Court of Pennsylvania has issued CED legislation for those two sites. We had nothing to do with it up here. We are out of that conversation. And I'm 102 11/1/08 - RULES - BILLS 080741 & 080742 not going to put myself or the people I represent in that same position again. I made a mistake. Some people said, You didn't make a mistake, frankly, because you were listening to your constituents, but I've learned through that process that it is better to be engaged in a discussion than let somebody from Harrisburg make the decisions for us.
Well, it's funny, Councilman DiCicco, because you call it a big mistake and actually it's something that I wished I had congratulated you on, because I thought that your opposition to the casino sitings at the waterfront was one of your finer moments. If you think it's such a mistake, then ask yourself why is it two years after they've been granted licenses at the waterfront and we still don't have casinos in Philadelphia? That's not a mistake. That's a good thing. That's a positive thing. 103 11/1/08 - RULES - BILLS 080741 & 080742 COUNCILMAN DiCICCO: Well, I'm not going to -- (Applause.) COUNCILMAN DiCICCO: That is not entirely true. There are only a couple of things that are left to do down there. For instance, in my opinion, if Foxwoods were to abandon the notion of even looking at the Gallery, my guess has been in a very short time they'll be under construction at Columbus and Reed, because they've gotten everything that they need from the Supreme Court. A Master was appointed by the Supreme Court about two or three weeks ago to oversee the licensing and permit issuance on behalf of the City, and if we in any way, the City of Philadelphia, in any way, shape or form looks as though they are delaying this or using it as a tactic to delay the construction or the issuance of permits and licenses on Delaware Avenue, the Supreme Court, the Master will make the decision for us. Simple as that. 104 11/1/08 - RULES - BILLS 080741 & 080742 (Audience member yelling.)
I mean, just to be clear, when I made the comment about making the entire City into a CED, I was really not trying to imply that we would be happy to foist this casino on any neighborhood, that if we succeed in getting this Foxwoods to not move into the Gallery, we would then move over and stand in support with our friends at the waterfront sites and oppose the casinos at those sites. COUNCILMAN DiCICCO: Thank you.
Thank you very much. Are there any -- (Applause.) MR. McPHERSON: Our next witnesses consist of representatives from Casino-Free Philadelphia, and they are --
Mr. McPherson, I don't think we heard you, and I would like the record to reflect that Councilwoman Brown has 105 11/1/08 - RULES - BILLS 080741 & 080742 joined us. Who are the next panel? MR. McPHERSON: The next panel consists of representatives from Casino-Free Philadelphia, and they are Jethro Heiko, Lily Cavanaugh, Paul Boni, Debbie King, JJ Tiziou and Kathy Dilanardo. (Witnesses approached witness table.)
I don't want to cut anybody off, but I am asking that everyone abide by the three-minute rule. And I would also like to make a statement. If someone has prepared testimony, cannot stay for the entire hearing, we will certainly be happy to accept your testimony and give it to the stenographer, and it will be transcribed in full in the record. Thank you. So our first witness is?
My name is Jethro 106 11/1/08 - RULES - BILLS 080741 & 080742 Heiko. Before I begin, I'd like to just say that we're happy to answer any questions that you have upon completion of our testimony. Again, my name is Jethro Heiko and I'm one of the founders of Casino-Free Philadelphia.
It's less than nine minutes. I'll try to keep it to that. My name is Jethro Heiko and I am one of the founders of Casino-Free Philadelphia, a grassroots organization whose mission is to prevent casinos from coming to Philadelphia and to shut down any that open. For purposes of our testimony today, we will assume that slots gambling 107 11/1/08 - RULES - BILLS 080741 & 080742 is coming to Philly, though in reality, we don't think they will. That's right, we believe it's inevitable that slots casinos will not open in Philadelphia. (Applause.)
An increasing number of people recognize that this is a predatory and harmful industry not worth the claimed benefits. Who are these people? They are the people of Philadelphia, and it is we who have the power to shape the future of our city. The CED should not be located on Market Street. It should be located as far as way from neighborhoods as possible. Our testimony today will focus on the fact that the CED is being rushed without the City gathering any evidence on what a slots parlor is and how it should be zoned and controlled. The CED bills should be halted and the City should hold hearings on what a suitable CED should contain. We ask, what's the true nature 108 11/1/08 - RULES - BILLS 080741 & 080742 of slots and what should a CED look like? Well, this is not entertainment. This is predatory gambling. That is the nature of a slots parlor, predatory gambling. What's the difference between social gambling and predatory gambling? Social gambling is a Friday night poker game at your buddy's house. Social gambling is an office pool where you bet on which team is going to win the Super Bowl. That is social gambling, because every $5 you lose, your buddy wins. It can only happen so often and it can only happen so fast. There is no predatory aspect to it. We are not against social gambling. Predatory gambling is the practice of using gambling to prey on human weakness for profit, and, unfortunately, Pennsylvania has decided that it should be the preferred method of raising revenue. The gambling industry and our government, including you, are 109 11/1/08 - RULES - BILLS 080741 & 080742 now becoming active partners in turning hundreds of thousands of people in the Philadelphia region away from being small savers and into becoming habitual bettors, trapping way too many in a cycle of debt and poverty. Predatory gambling also fundamentally threatens the most important founding principles of our American democracy, sharply undermining the principles of equal citizenship, self-government and accountability. (Bell rung.)
What makes it predatory? The design and function of the machine, the amount of the bets and the speed of the play, and the marketing. We will mention each of these and then explain how the CED is inadequate to protect the people of Philadelphia. I will now turn to the next witness from Casino-Free Philadelphia, my colleague, Lily Cavanaugh. 110 11/1/08 - RULES - BILLS 080741 & 080742
First, we mention the design and function of the slot machine, which as a prominent MIT Professor stated is the high-tech equivalent of loaded dice. And using loaded dice is cheating. Do you know how the machines are designed and do you know whether the machines will be fair to Philadelphia gamblers? You probably take it on faith that the machines are fair because Harrisburg says so. However, you have never trusted Harrisburg on anything about slots. Why would you trust them that the machines are fair? Will the machines cheat the people of Philadelphia? Can anyone in our City government explain what virtual reel mapping is? The process of virtual reel mapping means that the distribution of symbols and blanks on the actual reels do not reflect the true probability of the symbols appearing on the pay line. For 111 11/1/08 - RULES - BILLS 080741 & 080742 example, let's say a particular reel has stops, which includes 11 symbols and 4 11 blanks. You would think the odds of 5 the reel stopping on any particular stop 6 is one in 22. Clearly, that's what the 7 gambler is led to believe. But with 8 virtual reel mapping, the odds are much 9 different than what the player perceives 10 from the reel. Is that fair? 11 As another example, do you have 12 any idea what the odds of getting a 13 cherry or any particular winning 14 combination? Do you have any idea what 15 the odds are? Do you even know how to 16 find out what the odds are? Tonight when 17 you get home, search the Internet and try 18 to figure out if you can find out what 19 the odds of winning on a slot machine 20 are. 21 Why aren't the odds posted at 22 the slots parlor? Even for the PA Lottery, which is also predatory gambling, you can go to their website and look up the odds. Why not with a slots 112 11/1/08 - RULES - BILLS 080741 & 080742 machine? Why shouldn't the gambler know the odds? Before voting on the CED bills, City Council should hold hearings on the machines and allow public testimony. If we want a transparent process, then let's have a transparent process about the product so that we can ensure our citizens are being fairly treated. If you think you are merely giving people the freedom to gamble, then why not give them the freedom to understand the odds? The CED should require that the odds are posted at the end of each aisle. The City Code requires that retail stores clearly mark the price of items for sale and that stores clearly exhibit a sign with a return policy. Disclosure is in the public interest, so let's investigate and disclose to the consumer. Let's see if Foxwoods really wants transparency. I now turn my testimony over to Casino-Free's attorney, Paul Boni.
Another predatory 113 11/1/08 - RULES - BILLS 080741 & 080742 aspect of the slots trade is getting the gambler to, quote/unquote, play to extinction. That's their term. What does it mean? It means getting the gambler to stay in front of the machine for as long as it takes to lose all their money. There are a number of ways the trade tries to do this: The design of the machine, the design of the Chair, the hypnotic music, the hum. One way to get the gambler to, quote/unquote, play to extinction is to have the casino be open hours a day, 15 because if it closed, then you would have 16 to stop playing at least for the night. 17 And they don't want to do anything that 18 might cause you to stop playing. Is it 19 too much to ask to have the slots parlor 20 close down at least at some point? Do we 21 need to allow and indeed encourage our 22 senior citizens to sit in front of a slot 23 machine at 3:00 or 4:00 a.m.? 24 The CED should be amended to require the slots parlor to close at a 114 11/1/08 - RULES - BILLS 080741 & 080742 reasonable hour. The Gaming Act seems to allow the City to do this. Let's hold hearings and build a record. And if Foxwoods wants to sue, then let's force them to expose the true nature of their trade. This is not entertainment. In Connecticut, Foxwoods makes loans to its gamblers, and when they lose the money and can't pay it back, Foxwoods puts a lien on your home. That's right, Foxwoods puts a lien on your home. Show me a movie theatre that does that. This trade is predatory, and our City government needs to study it and make sure we protect the people of Philadelphia. It's irresponsible to facilitate -- it is irresponsible to facilitate this trade, even if you think you are legally required, without also trying to understand it, expose any unfair and predatory practices and do your best to eliminate them. To vote the CED out of 115 11/1/08 - RULES - BILLS 080741 & 080742 Committee is worse than facilitation. It is expediting. None of the reasons for pushing the CED now as explained by the City folks have any basis in law or fact. They all have a basis in a political deal, a political deal that is not open and not transparent. Foxwoods want you to give them by-right zoning for a location that sits atop 100,000 commuters each day -- (Bell rung.)
-- for a location that would allow hundreds of thousands of residents to walk to, for a location that would allow tens of thousands of workers, including City workers, people who work for you, to visit on their coffee break and their lunch hour. Councilmanic privilege should not apply here, not if you have a regional rail running through your district, not if you have a SEPTA bus in your district that goes to Market East. Your constituents are being targeted by 116 11/1/08 - RULES - BILLS 080741 & 080742 Foxwoods at this location. And, yes, things are different now. You can't blame this location on the Governor, the State Legislature or even the courts. This one is your location. This slots parlor, if you allow it, will have your name on it. Please do not vote these bills out of Committee.
Are there any questions or comments? The Chair recognizes Councilman DiCicco.
And we're available for questions about the predatory nature of this industry.
I'm sorry. What was your comment? I didn't hear you.
We're available for questions. 117 11/1/08 - RULES - BILLS 080741 & 080742
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you. Mr. Boni, in your testimony on , "Foxwoods wants you to give them by-right zoning for this location," would you explain that?
Sure. The Supreme Court did order zoning for the two waterfront locations, and they can only do so because this City Council had enacted the CED ordinance for the waterfront. COUNCILMAN DiCICCO: But --
I'm explaining it, sir, please. So this CED legislation gives Foxwoods everything it needs to know to design its facility to be compliant with the Zoning Code. I understand that we think we still need to go through a plan of development process, that we believe and you believe that if we don't clear that 118 11/1/08 - RULES - BILLS 080741 & 080742 hurdle, then this casino won't be built, but there were a lot of things that we thought needed to be happen at SugarHouse that we felt confident that the City could stop or delay, and the Supreme Court disagreed with us. And so I would suggest that to change the Zoning Map to enact this CED may play right into the casino's hands and give the Supreme Court everything it needs to give zoning. Now, we know the Supreme Court makes incorrect decisions. We don't want there to be a fifteenth incorrect decision. COUNCILMAN DiCICCO: I don't want them to make a fifteenth decision regardless if it's correct or incorrect. You said that we did CED legislation for the two waterfront sites? We did CED legislation long before those sites were selected. We set into place legislation that whoever the licensees would be would have to adhere to. It wasn't specific to those two sites. You 119 11/1/08 - RULES - BILLS 080741 & 080742 know that.
I agree with you. You didn't put it on the map -- COUNCILMAN DiCICCO: But you just said in response to my question that the City, we did two CED pieces of legislation, CED legislation, for the two waterfront sites. We didn't do that.
You did everything but put it on the map, which the Supreme Court did for you. COUNCILMAN DiCICCO: Thank you. And what's to suggest that the Supreme Court won't do it at the Gallery if we put up the obstacles similar to what we did on Delaware Avenue?
Well, if you give them everything but putting it on the map or even starting by putting it on the books, then they're going to take it and stick it to us. COUNCILMAN DiCICCO: Paul, you were in those fights. You understand what we did, and in the end, the Supreme 120 11/1/08 - RULES - BILLS 080741 & 080742 Court made the decision for us. I am not going to let that happen in this case, if they decide to build at the Gallery.
Councilman, I've heard a lot of reasons about why there are still many things to happen and I've heard lots of reasons about why we shouldn't fear that this is a critical step, but I haven't heard any reason that would affirmatively justify why we should do this today. The only thing that's implied is that we need to show good faith to Foxwoods to coax them to put together designs and plans and studies. COUNCILMAN DiCICCO: So theoretically as the sponsor of the bill, if I pulled this bill today, some people would be happy. Foxwoods says there's not a good-faith effort to even explore the potential or the possibility of us putting our casino at 11th and Market, we're going to go to Delaware and Reed. And you and I and all those people who are going to lay down in front of 121 11/1/08 - RULES - BILLS 080741 & 080742 bulldozers aren't going to be able to stop that from happening, and you know that.
Well, it's good that you'll be there with us, but -- COUNCILMAN DiCICCO: I didn't say I would be there. No. I didn't say I would be there. I said you and all the other people who have said over the years that you'll lay down in front of bulldozers won't make a difference, because maybe you'll get maybe a day in delay. After that --
We'll keep going back. COUNCILMAN DiCICCO: Yeah, you'll keep going back.
Well, we look forward to showing City Council and the City Administration -- COUNCILMAN DiCICCO: Well, maybe I ought to pull the bill and let happen whatever is going to happen on the waterfront and end of story, so Chinatown 122 11/1/08 - RULES - BILLS 080741 & 080742 will be happy and everybody else will be upset.
We look forward to showing City Council and the City Administration just how much power the people have. COUNCILMAN DiCICCO: The people have as much power as -- you know, you talk about councilmanic prerogative, with all due respect, to all the battles we fought. But not for councilmanic prerogative, we wouldn't be having this conversation today. Those casinos would have been under construction at least a year ago. Thank you.
Thank you. Any other questions or comments? The Chair recognizes Councilman Goode.
Thank you, Madam President. 123 11/1/08 - RULES - BILLS 080741 & 080742 Mr. Boni, you say in your testimony, "None of the reasons for pushing the CED now, as expressed by Mr. Altman and Mr. Greenberger, have any basis in law or fact." What reasons were you referring to?
Well, as expressed at the City Council -- at the City Planning Commission hearing and as has been expressed by Councilman DiCicco and others in the City Administration, is that somehow this special Master, somehow this threat of this Supreme Court could intervene and order Foxwoods at the Gallery if we don't get in here and have a part of the process, and I find that to be demagoguery. I find that to be lacking in any basis in the law or the 124 11/1/08 - RULES - BILLS 080741 & 080742 fact. Foxwoods does not have a gaming license for Market Street. The Supreme Court, no court can order zoning at Market Street without a gaming license. The gaming license is going to take months for them to get to transport. I feel that this is really even worse than setting up the -- well, than expediting this local process. What we're doing here is, we're giving the Gaming Control Board perfect justification to transport the license to this location. They're going to say, The City of Philadelphia loves this site. Of course that's good cause. Let's move it here. But I would say that there is, of course, another way, as has been testified by people before me, and, that is, you can have all the process you want, just don't pass this law. There's no community group in any district -- in any of your districts, 125 11/1/08 - RULES - BILLS 080741 & 080742 in any part of this city, even if it was just a condo tower, that would not hit the roof if you said, Let's change the Zoning Map today and then look at the project tomorrow. It doesn't happen. It just doesn't happen.
That is the problem, Councilman Goode. I appreciate the question, and I appreciate Mr. Altman's candor when he says that Foxwoods chose this site. And I would ask Mr. Altman, is he or is he not a city planner? Isn't the city planner's job to decide what goes where?
And is it true that only Foxwoods could choose the 126 11/1/08 - RULES - BILLS 080741 & 080742 site?
Because they've already been given authorization for another site. Is it true that only Foxwoods could choose an alternative site or a resiting because they were already given authorization at another site?
They can choose -- well, I don't know who else was in on the decision, but certainly Foxwoods decided to --
But my question is, only Foxwoods could choose to resite because they've already been given the authority at a site that was already chosen?
Well, I don't believe that. No, I don't believe that. I believe that the City can have an open resiting process that looks at the entire city and tries to find out what's the best location for a casino or the least worst, as we like to say, and it can 127 11/1/08 - RULES - BILLS 080741 & 080742 grant CED zoning at that location. And it can stiff-arm Foxwoods at the waterfront, as we've been doing and, frankly, for which they probably have no 6 financing, and they could do everything to encourage them to move to the new site that the --
Do you stand by your original answer to the question about who chose the site?
Thank you. Any questions or comments from members of the Committee? (No response.)
Seeing none, thank you, gentlemen. Our next panel will be? MR. McPHERSON: There's still some representatives of this panel. Debbie King, JJ Tiziou and a Kathy 128 11/1/08 - RULES - BILLS 080741 & 080742 Dilanardo.
I think Debbie may have assumed that she's at the end of the list. She may come back later.
I'll try to be brief. I thank you for your time. My name is JJ Tiziou. I am here as a member of Casino-Free Philadelphia, but also a representative of many performing and visual artists in the City. I'm a photographer and was recently a finalist for a public art commission in this town of $125,000 or so, which we didn't get, but I learned something really interesting in the process. There was an engineer there who spoke about the need to hold community meetings to let the community be able to say that they've had a voice in the input. It was a subtle distinction, but the way that he phrased it was really striking to me. He said -- and I think the reason that people here are frustrated a little bit is, there's an impression that may or may not be 129 11/1/08 - RULES - BILLS 080741 & 080742 true, this impression that things are being held just so that people can say that they've had a voice and you can say that you've given us an opportunity to have a voice, but there seems to be something that we're not actually going to listen to it because there's already this idea because the Supreme Court is going to come and say we are going to have these two casinos in the City. So that's just a question for yourself. When you see all these people up here, are we here to actually listen to them or just to hear them make their clamor? And I hope that you'll actually listen to all of them. There's been a lot of talk about the immediate costs of the casinos, but one I think was a longer scale thing of the opportunity costs for the City and also the ability of the City after the casinos -- I'm sure they'll bring us some jobs, but something that hasn't been done in a cost-benefit analysis is where does 130 11/1/08 - RULES - BILLS 080741 & 080742 this go afterwards. And in terms of as an artist in this town, we see that this City has what New York had maybe 20, 30 years ago. It's got a thriving community with amazing entertainment to offer that could be cultivated, arts and culture in this city, far more to offer than the cheap thrills of a casino. And instead what's going on here, I think that having this process go the way it is and having these casinos come into the City will deter then when you want to bring other companies in. I have so many artist friends who are moving here from Brooklyn now, because Philly is the next best thing, it's the next great thing, people who a decade ago I tried to convince to move to Philly, they didn't care about Philly. Philly, that's cool. I'm running out of town. And now all the sudden Philly is on their radar, it's a great thing. But they want to move to Philadelphia, 131 11/1/08 - RULES - BILLS 080741 & 080742 not to Atlantic City, not to Vegas. That's all I have to say, and thank you very much for your time.
Thank you very much. Any questions or comments of this witness? (No response.)
There's one more witness that was going to speak with Casino-Free Philadelphia. Instead, we'd like to invite the charter school to come up and have their words from our witness. MR. McPHERSON: Our next witnesses are Liting Zou, Michelle Truong, Johnson Kan. (Witnesses approached witness table.) (Applause.)
132 11/1/08 - RULES - BILLS 080741 & 080742 Welcome. Please identify yourself for the record. Who is going to testify first? Identify yourself and proceed with your testimony. MISS ZOU: Hi. My name is Liting Zou and I'm years old. I'm 8 here to tell you about our opinion about 9 the casino. I want to tell you my 10 opinion because I know many, many people 11 affected by gambling. Their families 12 have been through a lot. There's 13 depression and other things, and the innocent children are the people who got hurt the most. Some families I know have even been hungry because of gambling. They don't have enough food for the children. I've seen this myself. Adults who gamble also influence their kids. Young people who makes fake IDs also can go into gambling. They see what adults are doing and they get hooked, too. Some casinos even have game rooms for kids that are like 133 11/1/08 - RULES - BILLS 080741 & 080742 gambling games just to try and to get more people addicted. The casino will be able to serve alcohol 24/7. Alcohol is good for a casino because it makes people not be able to make good decisions. It makes them gamble even more. But it also makes people do things that they wouldn't normally do. People who are drunk and who lose money can commit crimes. This can make Chinatown more dangerous. I don't live in Chinatown, but I go to Chinatown almost every day. My school is in Chinatown. To go back and forth to Chinatown, I need to take SEPTA, and I always go through the Gallery. Would any of you want your 13-year-old daughter to have to go through a casino to be able to get to and from school? Would any of you want your 13-year-old daughter to have to walk past people who have been drinking and losing money every day just to be able to go home? So I want to ask you, if this 134 11/1/08 - RULES - BILLS 080741 & 080742 isn't good for your daughter, why is it okay for me? ) MISS TRUONG: My name is Michelle Truong and I am years old. 7 I'm here to talk about why building a 8 casino is a bad idea. 9 I know that having a casino can 10 affect not only one person, but can 11 affect a family and other relatives, too. 12 I know this because this has happened to 13 my family, and I'm here to tell you my story. When my dad was five, his parents divorced and he followed his mom. His mom was a gambler and opened illegal places to gamble, so he would always follow her. My dad's biggest role model was his mom. That's why he started to learn to gamble. My mom married my dad and then she had to pay back all the money he owed other people from borrowing. m. at a garden, then she 135 11/1/08 - RULES - BILLS 080741 & 080742 went to work at another job in a restaurant until 1:00 in the morning. She paid back everything he owed. She even worked when she was pregnant about to have me. I remember when I was young, about five or six, me and my little brother would follow my dad to watch him gamble. I remember seeing people drunk, and it terrified me. My parents would always fight. My dad stopped working and kept gambling. Each time he said he would stop, but he never did. There were other bad things to happen, but it's private and I don't want to say it here. Now my parents are divorced. I live with my mom, and she's my role model. I can tell what's right from wrong, but my brothers are still young. To them, they still remember my dad and watching him gamble. Do you think it's a good idea if they look up to my father? He was a man who looked up to his mother. 136 11/1/08 - RULES - BILLS 080741 & 080742 What will my brothers do? Some people say that building a casino is okay because people just want to have fun. But you know it's not a good idea, because you get addicted, you lose money and your family is destroyed. You can say it's their own fault, that they can control themself, but children see it all the time if they are born into that situation, and no one, including the government, try to stop it, then whose fault is it? )
Good afternoon, ladies and gentlemen. My name is Ho Chuen Kan, but my friends call me Johnson. I'm 13 years old, and I'm here to talk about building a casino on top of the Gallery. If I could make this decision, I would say no for sure. I don't say that just because I'm trying to mess around. I say it because of my experience. I have seen many people addicted to gambling and they 137 11/1/08 - RULES - BILLS 080741 & 080742 can't pull themselves away from it. Their families lose all their money and owe a lot of money. It makes them unable to even afford food, and the kids have to go hungry for days. I also have an aunt in New York. She got addicted to gambling, so she took two to three hours every day just to go to Atlantic City to the casino. And usually she stayed there for many days gambling non-stop, without even sleeping, just gambling non-stop. Her husband separated with her and became mentally ill. She has two sons, which is my cousins, but when her sons see that their mom is like that, they stay out of the house and be in the streets, because they don't want to go home and see their mom. Now her husband has died, so she decided to stop gambling. But she has already lost at least 300,000. She used to have a really good job with a really good income, but now she just 138 11/1/08 - RULES - BILLS 080741 & 080742 depends on her sons. The people saying that we should build a casino on top of the Gallery always say it will help the City, that they will give taxes to the City and things like that. But can't you just look at Atlantic City? It started with one casino and now there's a bunch of casinos. And I don't find a single business there, except for the big companies. There aren't any small businesses left. My mom always tells me that the houses there still cost money, but there's no market to sell it. No one wants to live there. You know why? Because the casino tore down small business and people can't get job except in casinos. People move away so that their kids won't go gambling. This can happen to us, too. Now you say there's going to be only one casino here, but what about the future? And why is Philadelphia giving up on the 139 11/1/08 - RULES - BILLS 080741 & 080742 citizens? Isn't one Atlantic City enough? Is that what we want Philadelphia to look like? Thank you, and I hope you guys reconsider this idea, because it is bad for our families, for the kids and for the City. (Applause.)
My name is Bill 11 Davidson. I sit in front of you as a resident and teacher in the Chinatown community and also a former gambling addict. I teach at FACT Charter School, which is located five blocks from the proposed casino site. In just over two months, it will have been 13 years since I last placed a bet. I know the adrenaline rush that follows gambling wins and the crashing woes that come with its loss. I also know that if casinos are built above the Gallery, they won't receive a single cent from me. Gambling is 140 11/1/08 - RULES - BILLS 080741 & 080742 personality-altering. It consumes the mind, making it singly focused and irrational, and I have no desire to return to that hateful state. But I am not here today to make a moral argument against the gambling business. Everyone knows the casinos are a predatory industry, which make most of their revenue by starting and perpetuating gambling addiction, but going to them is ultimately a choice. Requesting that Foxwoods build their casinos elsewhere because gambling addiction rife from the Chinatown community is futile. If they were moral, ethical people, they wouldn't be part of such a pernicious industry to begin with. How any -- (Applause.)
How anyone can look these three children in the face, listen to their testimony and then still build at the proposed site, I'll never understand. 141 11/1/08 - RULES - BILLS 080741 & 080742 Morality aside, casinos above the Gallery still aren't in our city's best interest. I often see my students walking through Chinatown on their way to the Gallery. The community is safe and vibrant, and its decimation would be a tragic loss for Philadelphia. Broke, angry, drunken people and the cast of underworld characters that accompany gambling culture would destabilize the area, especially after dark, and make it less appealing to visitors. This would destroy Chinatown's restaurant industry and, in turn, the neighborhood. At the same time, the wonderful students I teach and thousands of other impressionable teenagers who consider the Gallery their favorite meeting place will constantly be crossing paths with alcoholics, gambling addicts, prostitutes and drug dealers. By passing zoning that allows casinos to be built above the Gallery, 142 11/1/08 - RULES - BILLS 080741 & 080742 the highest concentration of teenagers in the City, our city either didn't think about the negative influences of casinos on city kids or they don't care about our lower, middle-class minority youth. The first seems like an awfully big oversight for leaders who are supposed to represent its people's best interest. The second is unthinkable. I've been a teacher for eight years all over the world, and I feel privileged to have taught the three students that testified here today. They're as caring, brilliant and driven as any students I've ever worked with. If I were still a betting man, I would bet they're probably the three smartest people in the room. (Applause.)
They also represent a population of students whose families came to this city and country pursuing the American dream. The older generation is eager to make a great 143 11/1/08 - RULES - BILLS 080741 & 080742 working contribution to the City so that the younger generation can represent Philadelphia's academic institutions on a local, national and even world stage. Our City's government should be doing everything it possibly can to nurture and empower the Johnson Kan's, Liting Zou's and Michelle Truong's of this City, but we're here today because you have approved the opposite. (Bell rung.)
Systematically destroying their family's business center and community, which in turn strains their family unit, is nothing short of irresponsible government.
Thank you very much. Are there any questions or comments of this panel? (No response.) 144 11/1/08 - RULES - BILLS 080741 & 080742
Again, I'm going to ask you please be brief. We're trying to hear every witness.
I will be very brief. I don't want to speak on behalf of AAU or No Casinos Philadelphia. Personally he asked do you approve of it in a different site. And I don't approve it in a different site. However, I can't imagine one any worse than the Gallery, because of the high concentration of Philadelphia youth and the central location of it.
Thank 145 11/1/08 - RULES - BILLS 080741 & 080742 you. (Applause.)
Our next witness? MR. McPHERSON: Our next panel consists of Judy Applebaum, Jesse Cohen and Gregory Heller. (Witnesses approached witness table.)
Good afternoon. Welcome. Judy, please identify yourself for the record and proceed with your testimony.
Good afternoon. I'm Judith Caplo-Applebaum (ph) and I'm President of the Washington Square West Civic Association. With me is Jesse Cohen and Gregory Heller. Gregory is an urban planner. They sit on our Zoning and Governmental Affairs Committee. I would like to thank the members of the City Council for the opportunity to testify this afternoon on 146 11/1/08 - RULES - BILLS 080741 & 080742 behalf of the Washington Square West Civic Association. The Civic Association, founded in 1935, represents approximately 600 households and 87 businesses within the area bounded by 7th Street on the east, Broad on the west, Chestnut on the north and South Street on the south. We are here to testify on Bill 11 080741, 42 amending the City Code to provide for a Commercial Entertainment District that would enable a gaming facility as an allowable use in the Gallery. The proposed site for this Foxwoods casino would be about 550 feet from our geographic boundaries. We have not seen architectural planning, circulation designs, nor have we seen any impact studies on this location. My main message today, on behalf of the Civic Association, is to urge City Council to take every feasible measure to ensure that the discussion of siting for gaming 147 11/1/08 - RULES - BILLS 080741 & 080742 facilities be as thorough, inclusive, transparent and cautious as possible. We were glad to have a strong delegation of City officials and a representative of Foxwoods present at our annual meeting on October 14th to discuss the potential of a casino in the Gallery. As those officials heard, the members of our community who testified did not represent consensus. However, the tone of most of the testimony reflected an urgent need for much more information and much more discussion. Washington Square West is a community that currently has an unacceptable amount of drug dealing, prostitution and crime. It is also a community that has a large number of small businesses, from Antique Row to Midtown Village. We as a community are especially concerned about the potential impact that a casino may have on our already unmanageable crime rate and the potential impacts on our local economic 148 11/1/08 - RULES - BILLS 080741 & 080742 development. There are few models in this country to study the impact of an urban casino. We hope City Council will ensure that the City move slowly and thoroughly, providing as much information as possible so that the people of Philadelphia can objectively assess some of the potential impacts on this project. In particular, we hope that the City will carry out studies addressing transportation and mobility, impact on nearby retail corridors and potential impact on crime in the surrounding neighborhoods. On a separate but related note, we understand that PREIT, the owner of the Gallery, has much larger plans for renovating the Gallery -- (Bell rung.)
I'm almost finished. -- (continued) and transforming Market East into a thriving shopping and 149 11/1/08 - RULES - BILLS 080741 & 080742 entertainment corridor. Whether or not a casino is present in the Gallery, we hope that the City Council will act in the best interest of the City and restoring Market East as a vibrant and successful area. The process surrounding the proposed waterfront casinos and the process thus far with the Gallery site has not engendered confidence that the City and Foxwoods are committed to the kind of process that we need to inform our members and to make an informed and objective judgment on the impact of this proposed gaming facility. We hope that if the City adopts the Commercial Entertainment District, that it will do so in order to promote a slow, transparent, inclusive and thoughtful process. With a development as sensitive and with so many unknown factors as a gaming facility, no other approach will be tolerated. Thank you for your time and 150 11/1/08 - RULES - BILLS 080741 & 080742 your consideration.
Mr. Cohen. All right. Mr. Cohen, would you please proceed with your testimony.
I'm asking Mr. Cohen to proceed with his testimony.
Thank you, Councilwoman. We actually had just our prepared statement, and me and Mr. Heller don't really have anything to add unless there's any questions for either of us from Council.
Very well. Thank you. Any questions from members of the Committee? (No response.)
Thank 151 11/1/08 - RULES - BILLS 080741 & 080742 you all very much. Our next panel? MR. McPHERSON: Consists of Joel Palmer, Matt Ruben, Richard DeWyngaert. (Witnesses approached witness table.)
Proceed with your testimony. MR. DeWYNGAERT: Good morning.
Good morning. MR. DeWYNGAERT: My name is Richard DeWyngaert and I am the President of Society Hill Civic Association. Thank you for giving me this opportunity to address City Council regarding the legislation which aims to rezone the Market East section of Center City to accommodate casinos and slots. I want to acknowledge the extraordinary effort our Councilman, Frank DiCicco, has extended thus far in trying to safeguard the interest of 152 11/1/08 - RULES - BILLS 080741 & 080742 Society Hill and the other communities he was elected to represent. You have fought tirelessly for us and apprised us honestly of your view of the ever-evolving circumstances related to the casinos that today lead me to testify before you. So, Councilman DiCicco, thank you for your leadership and your demonstrated commitment to the well-being of the community of Society Hill. (Applause.) MR. DeWYNGAERT: I speak to you on behalf of the Board of the Society Hill Civic Association today, because what happens here can have significant impact on our community. Our Board understands the difficult position in which our elected City representatives find themselves. We know that you did not write the legislation that paved the way for legalized slots in Philadelphia. We also know that the State Supreme Court has repeatedly rendered decisions that 153 11/1/08 - RULES - BILLS 080741 & 080742 more heavily weigh the interest of Harrisburg and the casino industry over Philadelphia. We know that Philadelphia, like many American cities, is in a somewhat perilous financial situation. We know that the Mayor may be forced to eliminate many existing programs in order to balance the budget. We know that new revenue streams are sought, and we know that Market East has never been developed in a manner consistent with a vision for the "next great city." We also acknowledge that the projected revenue streams to Philadelphia from Foxwoods and SugarHouse looks pretty good at first glance, but this revenue could come at even greater costs. Society Hill is concerned that -- concerned about zoning that makes casinos permissible in an essentially contiguous area. To conclude hastily that Market East in the middle of Center City is appropriate for slots simply because the 154 11/1/08 - RULES - BILLS 080741 & 080742 waterfront is not is flawed thinking and inconsistent with the inspired and creative vision we had hoped would position Philadelphia to thrive in the 21st century. Society Hill, our neighboring communities and our city need a plan that cultivates and seeds sustainable economic growth and development. The Civic Association asks the City to take its time to accurately assess the potential negative impacts experienced by communities proximate to casinos. We must avoid short-term solutions that in the long term may create profound and irreversible problems that compromise the health and vitality of the very communities and historic assets that make Philadelphia unique, a great and enduring national treasure. Society Hill Civic Association implores Council, the City Planning Commission, our Deputy Mayor and the Mayor to slow down and take the time to 155 11/1/08 - RULES - BILLS 080741 & 080742 study and completely understand the long-term and broadly considered economic ramifications of the actions the City is considering. (Bell rung.) MR. DeWYNGAERT: Our Civic Association encourages a siting process that begins with good planning principles and which, in the end, leads to an appropriate location for a casino. The current process appears to begin with a specific location. Respectfully, we believe that a rezoning is premature because no plans, studies or impact reports have been conducted and because without the benefit of that information, a sufficient public debate has not occurred. We, therefore, request that you not vote either of these bills out of Committee. Thank you.
Thank you. (Applause.) 156 11/1/08 - RULES - BILLS 080741 & 080742
Thank you very much. My name is Joel Palmer. I am President of Bella Vista Town Watch, one of the communities who are member 8 delegates to the Philadelphia 9 Neighborhood Alliance. 10 The Philadelphia Neighborhood 11 Alliance is not anti-casino. We have, 12 however, worked long and hard with the 13 Councilman, with the City Council, with 14 our state legislators to effect resiting 15 away from the Delaware River. 16 We are obviously pleased by the 17 vision that Penn Praxis, University of 18 Pennsylvania and the City under Mayor 19 Michael Nutter have envisioned for the 20 river and applied the open and 21 transparent process upon which we embark 22 today. 23 Because no casino in no 24 location will ever have zero impacts, we 25 ask that an open, thorough and fair study 157 11/1/08 - RULES - BILLS 080741 & 080742 be undertaken to determine what mitigation measures must be afforded and that all concerns of the communities be taken into account, not the least of which is Bella Vista. We are about 900 feet south of the Market East location. I'd like to personally thank each of you, and especially Councilman Frank DiCicco, thank our legislators for the opportunity over the past months 12 to reopen and to review the process under 13 which the casinos that are coming to 14 Philadelphia will be located. 15 Thank you all very much. 16
My name is Matt Ruben. I am President of the Northern Liberties Neighbors Association. I want to thank you, President Verna and Councilman DiCicco and the rest of the 158 11/1/08 - RULES - BILLS 080741 & 080742 members of the Committee, for having a Saturday hearing, which allows more people to come. Very much appreciate that. And I want to echo Mr. DeWyngaert and Mr. Palmer's thanks to Councilman DiCicco for many long months and years of standing up on this issue. Through a quirk of geography and fate, I, too, have been involved in this since December of 2005, as Councilman DiCicco knows, when the first problems of process began. I am here for two reasons primarily today. One is that just as the City of Philadelphia has embarked on a new day of comprehensive planning and a more coordinated, proactive, forward-looking government and the days of a lack of planning are hopefully behind us, so too is it true that the days when civic associations and communities don't talk to each other, the days when we do not come and support and stand up for each other. Those days are long gone as well. And everyone in our 159 11/1/08 - RULES - BILLS 080741 & 080742 government and throughout our city should understand that we all stand together. We all communicate. Whatever discussions and arguments we may have -- (Applause.)
-- we too are coordinated and we too are working for planning, and that is why we're here. The other reason we're here is, the NLNA, if nothing else, from the very beginning has stood up on process. And as I'm sure you all know -- and I do apologize. A lot of what you're getting here and what you always get when we have these hearings is the fact that you are having to bear the brunt of a lot of the quite justified anger and hostility that should be directed at the -- laid at the feet of the Governor and venal incompetence and dismissive attitude of the Pennsylvania Gaming Control Board. So I apologize to you for that as well. (Applause.)
Finally, more 160 11/1/08 - RULES - BILLS 080741 & 080742 specifically, I think that an issue of process is very important. I understand that the introduction of CED legislation can certainly be the beginning of a process, and we have heard the commitment from the Planning Commission and Council to have an open process. I do think, however, that we all need to remember that once a plan of development is submitted by a casino, if that is done, there is a 45-day clock that starts ticking, and if no action is taken, it is deemed approved. I think the CED process itself, what has been started here, should be considered as an appropriate process to actually do the planning and consider the impacts. Whatever Foxwoods' proposal winds up being, if they submit one, we know it will be 5,000 slot machines and we know that it will be on the 1000 block of Market Street and the Gallery. That is enough to start assessing impacts, to do the economic studies, to do planning. 161 11/1/08 - RULES - BILLS 080741 & 080742 So I would urge this Council to at least seriously consider not stopping this process and immediately passing CED, but let the CED phase be the point where we actually do the planning that we're supposed to do. (Bell rung.)
Relatedly, and I'll finish up very briefly, if Council passes CED, what guarantees do we have that Foxwoods going to the Gaming Board to ask for a change of venue, that the public will know what they're proposing? If the Planning Commission works with Foxwoods, what assurances do we have that the public will be able to see any plan of development before that 45-day clock starts? There are many unknowns here. The process has not been detailed or laid out in a way that guarantees full, substantive public input. And, finally, I would urge that this Council also pass a resolution 162 11/1/08 - RULES - BILLS 080741 & 080742 urging the Pennsylvania Gaming Control Board to have any hearings and any documents submitted to it for a request of change of location by Foxwoods immediately and fully and always open to the public. We're happy to take any questions you may have. Thank you. (Applause.)
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Madam Chair, I would ask that Mr. Greenberger, if he could come up and comment on Mr. Ruben's comments about the process. And just if you can, I think that would be helpful.
Alan Greenberger. I'll just repeat what I said before. What we want to do is have an 163 11/1/08 - RULES - BILLS 080741 & 080742 interim public presentation to the Planning Commission and, therefore, to the public on the developing scheme long before it's done, followed by a further presentation closer to the conclusion of when the thing is done. We also want to have a public information session outside of the Planning Commission that we have -- we're starting to figure out how to organize and also how to appropriately time it relative to the POD process so that information is brought out sooner rather than later.
First, if I could just briefly say to Mr. Greenberger, congratulations on becoming the Executive Director of the Planning Commission. I think that will be very good for the Planning Commission. Secondly, hearings have people testifying on the record and sometimes under oath, and, again, I think we should at least consider that this CED legislation, the process of considering 164 11/1/08 - RULES - BILLS 080741 & 080742 this, could certainly be a longer process that would allow a lot of what you're talking about to happen on the record in front of Council in a place where everyone in Philadelphia is hearing the same thing at the same time from PREIT and from Foxwoods. For example, today, I think it was Mr. Dougherty, or whatever testified from Foxwoods, stated that they were asked to consider the Gallery by the Governor and I believe he said the Mayor and other elected officials, but that's not what we've heard otherwise. So that needs to be cleared up, and this kind of hearing is exactly the place to clear up those kind of ambiguities. And, again, it may be that the Gaming Board meets with the Planning Commission -- I mean that Foxwoods meets with the Planning Commission staff extensively, but where is the public in that? And I think it would behoove the Planning Commission to publicly state in a lot of detail exactly 165 11/1/08 - RULES - BILLS 080741 & 080742 what will be required, including anything above and beyond CED, to consider a plan of development submission complete. I think it would behoove Foxwoods to publicly commit to not submitting a plan of development for a certain period of time if the CED legislation is passed. And, as I said, I think it would behoove the Commission and the Administration and Council to sit down and think about whether or not this hearing process, which doesn't have to end today, could be extended to do some of that fact-finding and to develop what I believe the gentleman from the Marriott Hotel testified to, saying that he would not like to see a casino put in or legislated without a more comprehensive plan for development of that area. And I think why not take advantage of hearings and Council and people being on the record to do that and full public openness and accountability.
Thank you. 166 11/1/08 - RULES - BILLS 080741 & 080742 Those are all good suggestions, and all those things are in the works. We will publish information about goals, expectations, public hearings, and put information out there as best we can to make it available to the public and to let public comment on it.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Just two things for the record. One is, if this bill is reported out favorably today, we still have two weeks before Council takes final action on it, and then you have, was it, 12 days, I believe, for the Mayor to either sign or veto the bill. So we got at least about 30-something days before the final action on these bills would take effect. So in that interim, there's a lot of time for the Planning Commission, working along with my office, the Administration and others, to talk about and deal with some of the issues that you just raised, Mr. Ruben. 167 11/1/08 - RULES - BILLS 080741 & 080742 And also I think, for the record, it was mentioned on at least one occasion, if not more, this morning about the Mayor's opposition to casinos being within 1,500 feet of a residential community. My recollection of that was that the Mayor supported the 1,500 foot buffer zone as it specifically was related to the two waterfront sites, because he didn't believe and most of us didn't believe that those were the appropriate sites for casinos. It was not a statement of fact that it would never be within 1,500 foot of any residential community. It was specific to those two sites. And to the best of my recollection, again, the Mayor is more supportive of the Gallery site obviously than he was on the waterfront. But I wanted that to be perfectly clear. It was not a blanket 1,500 foot across the City. It was specific to the waterfront sites, and I just want to note that for the record. 168 11/1/08 - RULES - BILLS 080741 & 080742 Thank you.
Our next panel? MR. McPHERSON: Our next panel consists of Father Tom Betz, Cecilia Yep, George Moy and Ms. So King Kong. (Witnesses approached witness table.)
Cecilia, is Father Betz here? Is Father Betz here?
No. Father Betz had to leave, and Angela Chan has been asked to read his testimony.
Thank you. Can we start, please. Kindly 169 11/1/08 - RULES - BILLS 080741 & 080742 identify yourself for the record and proceed with your testimony.
My name is Angela Chan, and I would like to read a statement of Father Thomas Betz, Pastor of Holy Redeemer Church and School. Holy Redeemer is a thriving church community, with an elementary school for 290 children. In addition, we offer numerous other community services for healthcare, after-school care, recreation and adult education. On many occasions over my 15 years at Holy Redeemer, I have 16 encountered families shattered by 17 gambling addictions. I have seen broken lives, broken marriages and unhappy children, all because of gambling. No 20 good can come from a casino in Chinatown. Not only am I alarmed about the terrible toll that this casino will take on the lives of vulnerable people, people who should be protected by the City government, not sold for tax revenue, I 170 11/1/08 - RULES - BILLS 080741 & 080742 am also concerned about the impact of a casino on the neighborhood. There is no 4 plan for traffic and parking and no 5 serious efforts to protect other businesses which make Chinatown a unique commercial neighborhood. The City is in a rush to open this casino, desperately greedy for the tax revenue that is anticipated. I am very disappointed that the City is so impatient to sell families, children and Chinatown for the sake of this illusion. I ask that this casino be relocated away from Chinatown. At the least, I ask that the process slow down so that meaningful dialogue can occur. I am sorry that I cannot attend this hearing due to a prior commitment in Baltimore, but I ask that my concerns be considered. Thank you.
Thank you very much. (Applause.) 171 11/1/08 - RULES - BILLS 080741 & 080742
Good morning, President Verna and Councilpeople. My name is Cecilia Moy Yep. I have been here many times testifying as an advocate for the Chinatown community, as I have been a resident of the community for over 60 years. Fifty of those years I have worked as a volunteer to preserve, protect and promote Chinatown. I remember Chinatown when there were bars with prosecutes hanging out on every corner, with flophouses in between and alcoholics laying in our doorways. We were known as the "red light district" adjacent to skid row. The community has worked long and hard to improve our neighborhood and make it a decent place to live and work, a place where we and our children can live in a decent environment. I am worried that all this work will be for naught. The community fears the adverse impacts that a slots parlor will have on 172 11/1/08 - RULES - BILLS 080741 & 080742 our neighborhood. It's planned just too close, 50 feet away, not 1,500 feet away as required by zoning. Today, Chinatown is a neighborhood with close to 5,000 residents and over 160 businesses. In the past, Chinatown served as a construction site for the building of the Galleries and the Market Street East projects, trucks loaded with dirt going down 10th Street and up 11th Street all day long. We were also a construction site for the Vine Street Expressway, which caused the community to lose 16 percent of our homes and businesses. I 17 even lived on the construction site of 18 the Center City commuter rail tunnel. 19 Right next to my house the dirt was piled 20 higher than my house, and the cement 21 factory for the tunnel was literally in 22 my backyard. Is it no wonder we fight 23 off projects that cause such hardships 24 such as the 9th and 11th Street ramps, 25 the Federal Detention Center, the 173 11/1/08 - RULES - BILLS 080741 & 080742 Greyhound Bus Terminal and the most recent stadium? The community has endured the impact of construction for all these major projects in Center City, all for the good of the City. We looked on the construction as a temporary situation, even though it lasted for many, many years. The hearing today is for legislation to implant a slots parlor in our front yard. It is a permanent situation that we will have to live with on a daily basis. Can you possibly understand why we feel that this is not good for Chinatown and not good for the City? (Bell rung.)
Oh, yes, we are aware that this will bring revenue to the City. Perhaps more harm than good will result. What if the expectations are not met? What if it doesn't succeed and the tax benefits are outweighed by the increased 174 11/1/08 - RULES - BILLS 080741 & 080742 social costs? The Inquirer reports that there are 1,250 calls a month to the Pennsylvania Council on Comprehensive Gambling. This number will no doubt increase with yet another slots casino in the Gallery. Why haven't studies been done to support the proposed casino? The community feels offended that no studies have been done for the environmental and socioeconomic impact this casino will have on our community. It tells the Chinatown community that we really don't matter. Is it a case that's just too bad for the people living there? Will this be an environmental situation that our families will have to live with? We know the City and State needs money, but why must Chinatown always be the sacrificial lamb? Chinatown has already sacrificed many times for the good of the City, but a slots parlor within 50 feet just down the 175 11/1/08 - RULES - BILLS 080741 & 080742 corner of our neighborhood is hard for one community, our community, to accept. We know casinos cater to the Asians because they are prone to gambling, as 30 percent of Foxwoods' clients in Connecticut are Asians. This is enforced by the fact that every casino in Atlantic City has an Asian marketing department. It will bring revenue to the City and State, but how many lives will be destroyed by this casino? Families, senior citizens and many of our youth will become addicted to gambling, not only in our neighborhood but throughout the entire City. Chinatown has witnessed many cases of families subjected to marital abuse, bankruptcy, suicide and poverty because of gambling. Philadelphia is known as the City of Neighborhoods, and I don't believe there's any neighborhood that wants a slot parlor. I would even dare to say that all of the City Council 176 11/1/08 - RULES - BILLS 080741 & 080742 sitting here today are saying, Thank God it's not in my neighborhood. Why can't the City find an area that is away from all neighborhoods? I also question how City Council could pass this legislation when there's no formal plan for review. What about the traffic? Answer: Everyone is supposed to take public transportation. Well, we all know that will be the day. What about the parking? There's plenty around, but what happens to all the cars that are on those lots now? The City and State are expanding the Convention Center that has no parking and there's no parking in the expansion either. This expected revenue will be from most of the poor people's pockets, who will be the victims addicted to gambling. A slots parlor within 50 feet of our community is hard to envision. I also find it hard to believe that using a casino as an economic development engine 177 11/1/08 - RULES - BILLS 080741 & 080742 to revitalize Market Street East will ever be successful when we can't even get any upscale store there now. How does it work out economy-wise. When a man gambles away his $200, he certainly is not going to buy that $200 suit from the local retailer. In less than one short month, the proposal has passed zoning, the Planning Commission and it's now in City Council here today for passage of legislation. Are we to believe that there's no turning back, it's a done deal, that we are stuck with it even though Chinatown opposes it? I appeal to City Council members to give this proposal more consideration. So many factors are not known. We are told that this is a beginning of a process. I don't believe I know of any other legislation that was induced as part of a beginning of a process. It's usually the end of a process.
178 11/1/08 - RULES - BILLS 080741 & 080742 City Council should hold up this process and work for the community and, best of all, to find a place in Philadelphia suitable for a slots parlor, if has to be, where there's no 7 neighborhood close by. Where there is a will, there is a way. We're counting on you, City Council, as elected officials by the people of Philadelphia to be for the people and not the owners of slot parlors.
Would our next witness please identify him or herself and proceed. Anyone else going to testify? Mr. Moy? MS. KING (through interpreter): My name is Kong So King living at the (unintelligible). If the casino operate at the Gallery, we will have a tremendous unexpected bad consequence. First, it 179 11/1/08 - RULES - BILLS 080741 & 080742 will hurt our next generation. It's a disaster. Second, the crime go up and we will not have our daily peaceful life in the Chinatown. Because of gambling, if one of the family member addicted to the gambling, it will cause a lot of big problem. The family have a broken family, divorce and the children living in the house. It is a really, really bad consequence. It is a disaster. (Bell rung.) MS. KING (through interpreter): Fourth, it will hurt the business in Chinatown because the casino is so close to Chinatown, and then after work, the employee or employer can walk to the casino to gamble, and next day they cannot concentrate to work and then the employee will get fired or employer business will go down. And do you think that that is a good idea to have a casino in the Gallery? And this is a really, really -- it's a big disaster in the 180 11/1/08 - RULES - BILLS 080741 & 080742 Chinatown. And I hope everybody unite together to object that the casino at the Gallery. Thank you. (Applause.)
My name is George Moy. I'm going to have to apologize for being somewhat disorganized. I have copies of what I intended to testify on. However, it's not my last revision. One o'clock last night my computer crashed. So this is a version that I had originally come up with. Councilman DiCicco, I certainly don't envy the predicament you're now facing. I know you are between a rock and a hard place. I also would like to apologize for the recent behavior of a particular youth. Many of us were shocked and appalled by his rudeness. It was contrary to the respect for authority that is part of our culture. He most certainly did us a disservice. There are 181 11/1/08 - RULES - BILLS 080741 & 080742 questions about his ties to Chinatown. However, please do not hold it against us. When I first began drafting this statement, I became aware many people knew very little about the intricate and troublesome history of Chinatown. Given the 110 years of our existence, that a history could not be put in adequate words. Try as I could to be concise, I felt it was necessary that the background facts be provided to those only having a smattering of knowledge of our plight. What is important to me is to respond to those who have expressed negatively of our right to oppose the casino. Statements like, our people should leave the area, or Chinatown is only a commercial district. I felt it was demeaning of our people, I think even touching on maybe racism. What has taken place is unprecedented. Is this hearing being 182 11/1/08 - RULES - BILLS 080741 & 080742 fast-tracked simply to fulfill a legal requirement? Are our voices going to fall on deaf ears? Objections to the potential placement of more than one -- I have objections to the potential placement of more than one slot casino in downtown Philadelphia. I don't know the details of the bill. Does it give an opportunity to a second, third, fourth casino to be located there in the future if competition fails that it wants to be in Philadelphia? However, my objections are centered on the following issues. (Bell rung.)
The process: I contend that the process has been compromised. Two, urban development: Chinatown has felt the negative impact of many, many projects in the Center City area. Chinatown has deep historical roots to this area. We are over 100 183 11/1/08 - RULES - BILLS 080741 & 080742 years old. Through the process of eminent domain, one-third of Chinatown was chopped off to make way for the projects. Chinatown growth was stifled and the quality of life seriously diminished. What plans are there to ensure Chinatown's survival? Approval of this bill will surely open the Pandora's box. Three, personal, social and economical impact of casinos: I worry about the potential negative personal, social and economic impacts of casinos, especially on Chinatown. How does one put a price on a diminished quality of life? I ask that City Council dig deep and decide if slot casinos are right for Philadelphia and Chinatown. My advice to Foxwoods, if they're still here, is, give very careful consideration of your decisions you are about to make. The emotions that were exhibited at the October meeting in 184 11/1/08 - RULES - BILLS 080741 & 080742 Chinatown were very real. I was surprised as to how deep they were. Any living thing that is cornered and threatened and no recourse is made available, it will strike out in desperation. Picketing and boycotting are our future options. I hope you can advise us as to whether they would be peaceful. We shall pursue all legal means. And since the Gallery was federally funded, we believe an environmental impact study is a requirement. I just add some notes, just a few short notes. Since Chinatown is only a fraction in size than other communities, will we have equal footing in your consideration? You also mentioned about, well, three years ago why didn't community groups oppose the casino. Well, in my case, three years ago my daughter caught cancer, and obviously my first concern 185 11/1/08 - RULES - BILLS 080741 & 080742 was her and her health. At that time, I had to compromise with my wife that I would go to only one meeting a month, otherwise our 55-year marriage would be questioned. Councilman, you have much more legal knowledge than I do. Are there other options open to us? For instance, a referendum. Can we start to initiate a referendum? I mean, this proposal of a casino not being wanted in anybody's backyard has raised the ire of the whole City, I would say. So is that an option? (Applause.)
Just one last comment. In closing, I would like to add that we are thankful to Martin Luther King and Mahatma Gandhi for showing us how peaceful protests can help us right a wrong.
The 186 11/1/08 - RULES - BILLS 080741 & 080742 Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam Chair. Just a couple of comments. To the young lady who is speaking on behalf of Father Betz, I understand after that meeting, your building, the school building, was vandalized with some graffiti. If you need some help in correcting that problem, just call my office and I'll send some people down. Mr. Moy, thank you for your opening remarks. I know that it's not how Chinatown operates. I accept your apology, but there really was no apology necessary. I understand the emotional concerns for this, and sometimes people act out because either they maybe not have enough information or basically just because they oppose something, and I'm fine with that. In your remarks you mentioned something about statements people are making about leave the area or Chinatown 187 11/1/08 - RULES - BILLS 080741 & 080742 is only a commercial district, et cetera. I don't know who is making those statements. It's certainly not coming from me, because I believe for the most part I've been part of that progress that has been going on in Chinatown, at least during the years that I've been in 9 office, and I fully support and will 10 continue regardless of the outcome of 11 this legislation. Whether or not there's 12 a casino built there in the end or not, 13 my commitment for as long as I'm in this 14 seat, which is another three, three and a half years, my commitment to Chinatown will remain as was previous to this issue. As to a referendum, we did try that a couple of years ago. We introduced legislation. We were hoping to get on the ballot a referendum that if passed would have said no casino would be able to be built within 1,500 feet of a residential community, a church, synagogue, what-have-you. That 188 11/1/08 - RULES - BILLS 080741 & 080742 referendum, we were denied even the right to have the referendum on the ballot by the Supreme Court. So we tried that. We tried to fight that fight. We lost that, and the answer simple is, no, we cannot do a referendum, because the Supreme Court took that right away from us a couple of years ago. But thank you for your testimony.
You raised a question to a previous panel about where in the City might they recommend for a casino. I remember some 40-some years ago that a project was proposed at the 30th Street Rail Station. In fact, one time they said Chinatown ought to move there. Maybe we should have, but it's a little late now. I didn't want to -- now, I don't want to hurt any other community, because I can sympathize with nobody wants it in their back or front yard, but I don't know enough about the area. 189 11/1/08 - RULES - BILLS 080741 & 080742 COUNCILMAN DiCICCO: Thank you. Thank you. No further questions. Thank you.
Our next panel? MR. McPHERSON: Our next panel consists of John Chin, Mrs. Helen Luu, Mrs. Ray Ling Hou and Glenn Hing. (Witnesses approached witness table.)
Who is going to testify first? Please identify yourself for the record and proceed with your testimony.
I'm Andy Toy. I guess I'm first. Good afternoon, Honorable Councilwomen and Councilmen. My name is 190 11/1/08 - RULES - BILLS 080741 & 080742 Andrew Toy and I'm here to testify in regards to Bills No. 080741 and 080742. As a longstanding Board member of the Philadelphia Chinatown Development Corporation and the most recent Chairperson, I have many years of experience and knowledge about the Philadelphia Chinatown community and the impacts of various City-sponsored projects upon the community. And I consider myself a city planner as well. I think that we all agree that the Market Street East area has been in need of improvement for some time now, and we may also agree that the Gallery at Market Street East could use some improvement. What is still unclear is whether that improvement should include a major slots parlor, which is why City Council is contemplating changing the zoning to be designated as a Commercial Entertainment District. Obviously the casino is the reason for designating the area as a CED. 191 11/1/08 - RULES - BILLS 080741 & 080742 I would argue that for a change of this magnitude, City Council and the citizens of Philadelphia should know more about what impact -- what the impact of a potential casino would be at the Gallery location. Until now, we have had almost no information relating to the economic, social, environmental, traffic and design impacts of this siting and how the various negative impacts that we know will happen would be proposed to be mitigated. As you know, there are special issues in Chinatown, as well as a place that is a concentrated residential and commercial area that has its unique history relating to government projects, as we've heard, and undesirable uses such as bars and prostitution and social issues such as gambling addiction. If this is the, quote/unquote, right site for the casino, then Foxwoods, the State and the City should be able to produce some evidence as such before we move any 192 11/1/08 - RULES - BILLS 080741 & 080742 process forward. And, yes, that will take some time and dollars, but that is part of the up-front risk, just as it was when Foxwoods and other casino operators proposed original sites. We should not guarantee anything before the case is made. That would be putting the cart before the horse. We've had years to examine and discuss the casino proposals along the river. There was much time and a deliberative, if somewhat flawed, I would say, Gaming Control Board process that was spent on the originally chosen sites, weighing the potential costs and benefits and finally choosing them. I would respectfully submit that we need at least to go through a similar process at the Gallery, which is actually closer to a neighborhood than the Foxwoods site. And I would request that the passages of these ordinances be held until a clearer and transparent process is followed. Thank you. 193 11/1/08 - RULES - BILLS 080741 & 080742
Good afternoon, President, Council and the ladies and gentlemen. My name is Helen Luu. I am the social worker, have a Master's degree license, Pennsylvania license, social worker, and I work for the Asian Community Health Center for years. 11 And since this morning, the testimony 12 this morning, then no one talking about 13 the mental health. 14 But I work in this field, and 15 then let me tell you what is causing the 16 social problem in the Asian community 17 related to the mental health. And in the 18 morning, you heard all the testimony and 19 then the story from the students and not 20 only causing the family problems, 21 divorce, bankruptcy, committed suicide 22 and the missing persons, crime in the 23 community and also the prostitution in 24 the area, but one thing -- let me tell you that one of my -- I have several 194 11/1/08 - RULES - BILLS 080741 & 080742 patients that have gambling addiction, and then because the casino going to operate in Gallery, my psychiatrist ask him, What do you think if the casino open at the Gallery? You imagine what is his answer. He said -- this is a gambler, addiction gambler. He said, quote, If I am the Governor, I will close down the casino all in the United States, not only in Chinatown. And he said that close all the casino in the United States. You can imagine that what is the social problems -- causing the social problem in not only the Asian community, in all other community. And talking about the problem he has, because he lost all the money, because he's on the SSI, he lost the money. And he not only lost his own money, he also draw his mother's SSI money. And even mother have $4 in the bank, he still force her to take the $4 out to gamble. And then he had no money 195 11/1/08 - RULES - BILLS 080741 & 080742 to eat for two days. And because the problem and then the mental health problem, he need the medication every day, and then now because the health costs going up and then every client have to pay their co-payment, he has no money to pay the co-payment. You can imagine, if he had no money to pay the co-payment, he cannot get the medication. And then no 12 medication within a month, he end up back to the hospital, the psychiatric unit hospital. So can you imagine that one day how much it costs for one day at the psych unit? More than a thousand dollar a day. You can imagine. If we continue to have a casino, I know everybody said, oh, no, you have casino in Atlantic City. Oh, no, that will prevent that -- still have the gambler, but that will prevent it, more people. And gambling more, because they can walk down to the casino. 196 11/1/08 - RULES - BILLS 080741 & 080742 (Bell rung.)
So I would ask the City Council to reconsider the bill, because the social problem, the cause of the social problem will be greater than the game, more in the benefit from the casino. Thank you.
Good afternoon, Madam President and members of City Council. My name is John Chin. I'm the Executive Director of the Philadelphia Chinatown Development Corporation. We are opposed to the placement of the Foxwoods casino at the Gallery site. PCDC as an organization has been advocating for and implementing neighborhood development for Chinatown for over 40 years. We've been improving the quality of life with significant housing and economic and community 197 11/1/08 - RULES - BILLS 080741 & 080742 development projects over the years. I would add that many of these improvements were carried out in partnership with Councilman DiCicco and City agencies. Many of the things I have here in my testimony have been said already today, so I'm just going to get right to the point and ask that the Committee on Rules hold the legislative Bills 080742 and 080741, because we believe that Foxwoods casino is the one that should start the process, not City Council. By City Council amending the existing Commercial Entertainment District and proposing the change of zoning for one block on Market Street, you're sending the wrong message to Foxwoods. I am asking you to slow down the process, and it is Foxwoods that should take the first step. They need to perform all the necessary studies on the feasibility of the Gallery relocation. They should perform all the necessary studies on the impact to Chinatown. 198 11/1/08 - RULES - BILLS 080741 & 080742 Foxwoods should be required to show the business operation and marketing plan. It's been testified previous to this that 30 percent of the gamblers that go to Foxwoods in Connecticut are Asian American. We don't know a lot of things about Foxwoods. We don't even know if Foxwoods is willing to pay a fair wage to its labor force. I understand that there's problems between labor and management in the Connecticut casino. We need to hear from many experts that can speak to the impact of gambling on the vulnerable populations. You've heard one such testimony today. We need to hear experts that can speak to the experience and impact of Foxwoods in Connecticut. These experts should testify before City Council before we take another step along our process. And it was spoken before, this process must include assurances and controls, because at the end of the day, 199 11/1/08 - RULES - BILLS 080741 & 080742 if this process goes down the road, it may be too late for this city and this neighborhood to implement certain controls on this process. I thank you for your time. (Applause.)
Good afternoon, Council President Verna and members of the Council. My name is Glenn Hing. I am born and raised in Chinatown. My family has been in Chinatown for more than 100 years at this point. I personally lived through the Vine Street Expressway project, the Independence Mall renewal project, the Gallery project, the Convention Center project, the baseball stadium proposal, and now we have the casino problem. The legislation that you have before you is nothing more than an attempt to accommodate the relocation of the casino from the currently licensed site without proper consideration or planning. It is an attempt more so than 200 11/1/08 - RULES - BILLS 080741 & 080742 not to be a rezoning of a small area in the City rather than having a rezoning as part of a master plan. Although Councilman DiCicco would like this to be an open and transparent process, which we would welcome, no plan has been disclosed to this community or any other community to date that I'm aware of. City Planning does not have a plan for the development. Foxwoods has no plan, and it admitted as much today. The owner of the site, the Pennsylvania Real Estate Investment Trust, has no plan, or at least they're not disclosing that they have a plan, because the answer to the question as to how much of the Gallery is going to be used, the answer was they're not at liberty to disclose. So I don't know where this is going. The legislation refers to proposed projects. Yet, no project has been proposed. Before this project -- excuse me. Before the legislation should 201 11/1/08 - RULES - BILLS 080741 & 080742 go forward, there should be a plan in place or at least discussed. It has been said that the CED zoning is needed for the casino development. The process is stated to be open and transparent, but what is very apparent is that nothing is being disclosed or even known at this point. If we have the -- if the answer to the questions are we don't know what the plan for development for the casino is, my question to City Council respectfully is, how can they pass, let alone consider passing, legislation which would facilitate the development of a casino when there is no plan or even discussion about the specifics of a plan in place? The last thing I just wanted to mention is just to respond to Councilman DiCicco's comments regarding the 1,500 foot prohibition. He indicated that the prohibition -- the Mayor supports the prohibition with respect to the South Philadelphia and Pennsport sites and 202 11/1/08 - RULES - BILLS 080741 & 080742 didn't quite apply or he wasn't aware whether it applied to the Chinatown site. If that's so, I just want to know why a distinction is being made with respect to that and why Chinatown is being treated differently from other communities in this City. Thank you very much. (Applause.)
Thank you very much. Our next panel? MR. McPHERSON: Our next panel consists of Joe Shiavo, Jeff Rush, Rene Goodwin. (Witnesses approached witness table.)
Good afternoon. Please identify yourself for the record and proceed with your testimony.
Thank you. My name is Joe Shiavo. I'm a resident of Old City, and I'm Old City Civic 203 11/1/08 - RULES - BILLS 080741 & 080742 Association's delegate to the Philadelphia Neighborhood Alliance. Since January of 2007, the Philadelphia Neighborhood Alliance, PNA, is a coalition of 28 community organizations serving 300,000 citizens along the Delaware waterfront and throughout Philadelphia, has worked to reopen the site selection process, with the goal of reducing casino-related impacts on neighborhoods. The PNA is not anti-casino, but has advocated for a 1,500 foot buffer between any casino and residences, schools, playgrounds and places of worship. On September 10th of this year, more than a year and a half of intense, dedicated effort by the PNA and others produced the announcement of the first alternate casino site. A tremendous achievement, previously thought impossible. The announcement of the alternative site was not, however, made 204 11/1/08 - RULES - BILLS 080741 & 080742 with any input from or advanced notice to the adjacent neighborhoods. The PNA believes the decisions that led to the announcement of the Market East for consideration should not have been made without prior community input, especially from those closest to the proposed locations. PNA recognizes the need for the resiting process to move forward and that a new process has begun with the introduction of CED legislation in City Council. PNA urges that the process be open, honest, thorough and allowing for real citizen input and reflecting the principle that the outcome should not be pre-determined. The PNA supports additions to the language of the existing legislation ensuring that the communities impacted by the two waterfront sites and the proposed Market East site are integrally involved in the evaluation process, including public hearings and meetings held outside 205 11/1/08 - RULES - BILLS 080741 & 080742 normal work hours. PNA requests the legislation be modified to provide a 30-day public response period for every study, design submission, plan of development and modified or amended plan of development. PNA further requests the creation of an appeal process, allowing communities to request an extension of the 30-day response period for good cause. While PNA recognizes the existing legislation requires evaluation of the impacts of a casino development, we want to emphasize the need for independent review and accurate evaluation of the following: A complete traffic study and public transit study that fulfills the scope of work put forth by the City of Philadelphia in consultation with civic groups adjacent to Market East site. (Bell rung.)
A parking plan that corresponds with and takes account 206 11/1/08 - RULES - BILLS 080741 & 080742 of the public -- the traffic study; a full environmental study addressing all air, water, light and noise pollution impacts from the facility and all transportation to and from the facility; a study on the likely demographics and origin -- city, region, resident, visitor -- of casino patrons given the specific location and character of the Market East site; a study of likely local crime impacts; a study of the additional costs, short term and long term, of policing the casino area surrounding the neighborhoods and mass transit stations; an assessment of the likely impact of the casino on emergency services infrastructure and response time; a study of the likely economic impacts on the area businesses, including, but not limited to, the area restaurant and entertainment establishments; a tally of all public investment in roads, infrastructure and other hard improvements, including any new 207 11/1/08 - RULES - BILLS 080741 & 080742 conditions assumed by any and all of the aforementioned studies and assessments. The PNA further requests that the Philadelphia --
I'm sorry. We're trying to keep to the three minutes. Would you try to conclude your statement, please.
The PNA further requests that the Philadelphia City Planning Commission and City Council publicly outline a detailed timeline and procedure to secure a process that is transparent, complete, open and inclusive of citizen input into the evaluation, and that accounts for the possibility that the Foxwoods might elect to consider another alternative location. Finally, PNA requests that the Rules Committee hold Bill 080742 for 30 208 11/1/08 - RULES - BILLS 080741 & 080742 days to allow the public to submit language for additional amendments and that the Rules Committee hold an additional public hearing to consider any amendments presented during the whole period. Thank you.
Thank you. The Chair recognizes Councilman Kenney.
Thank you, Madam Chair. Listening to all the testimony and the suggestion that we hold these bills and we get more time and that we do more studies, none of that is going to happen unless the bills get passed, because there's no motivation on their part to pay money, to spend dollars to do studies. The legislation passage would give them some, I guess, inducement or some belief that we're serious about the considering other sites. Then they would 209 11/1/08 - RULES - BILLS 080741 & 080742 potentially invest that money into doing all the things that everyone is suggesting that we study. But they don't have to do it, because they can start -- they have enough approvals now to start construction Monday morning at Delaware and Reed. So while I recognize the legislation looks as if it's the first step towards 10th and Market, there's no 12 steps other than Reed Street if the legislation doesn't get passed, because they're not going to sit forever and not build something. And that's what's frustrating, is that all these studies, environmental impacts, traffic studies, crime studies, addiction, all those things cost money. The City is not paying for it, and they're not going to pay for it if there's no chance that they're going to go to this other site, so they just put the shovel in the ground at Delaware and Reed and open up. That's why this whole 210 11/1/08 - RULES - BILLS 080741 & 080742 conversation is a bit frustrating and confusing, because they're never going to do that unless this legislation passes.
Then I just want to make sure I understand your statement. It seems that within your statement you're suggesting that the expense of those studies would be Foxwoods' burden to bear.
It would have to be, because they're the ones who have to present the development proposal to the Planning Commission and to City Council, and if we're not happy with it, they don't pass it and we don't pass it. But they're not going to bring us a product, Planning Commission or here, unless the legislation passes, which gives them some indication that this move is possible. It doesn't mean if we pass the legislation, the move is inevitable. It means it's possible, and they're going to start their due diligence to prove to us how they could make it work. They're 211 11/1/08 - RULES - BILLS 080741 & 080742 not going to do it unless the legislation passes.
I understand and I appreciate that clarification, but I wonder about the assumption within your statement, though. Would you trust studies that are done by the casino operator? Would you actually use those studies as the foundation of your decision-making process?
We have the opportunity to review those studies and determine whether or not we think they're bogus or they're accurate, and at that particular point in time, we may make a decision to say that it doesn't work, you haven't done your due diligence and we're not passing -- Planning Commission is not passing it and Council is not passing it. Now where do they go? They start digging at Delaware and Reed. I mean, they have everything they need right now to build a casino at Delaware and Reed. 212 11/1/08 - RULES - BILLS 080741 & 080742
And us holding this legislation doesn't stop that from happening.
But wouldn't you agree that the studies done by the casino operators, both of them, for the two riverfront locations -- the quality of their studies have been challenged, so why would we begin this process using once again studies done by the casino operators?
Because perhaps during this new process, which only starts with the passage of this legislation, that we could come to some agreement on the selection of the people doing the studies. It doesn't necessarily mean -- all this is a blank page yet, but you never get to fill in the blank page unless the legislation passes, because they still have the leverage of Delaware and Reed, which is where they'll go. I mean, that's it. 213 11/1/08 - RULES - BILLS 080741 & 080742
Good afternoon, Madam President, Councilman DiCicco, members of the Rules Committee, fellow Philadelphians. I speak today not as a member of PNA, although I am privileged to be associated with that organization, but as a Board member for the Pennsport Civic Association. My community runs from Washington Avenue to Snyder Avenue, the east side of 4th to the river. It is the community in which the other Foxwoods site is potentially located. I have always referred to my community as the target community because we are 480 feet from residences. On February 28, 2006, representatives of Whitman, Pennsport, Queen Village and Society Hill were called together for the first time to learn of the proposed Foxwoods development. We were all invited, 214 11/1/08 - RULES - BILLS 080741 & 080742 because a development of this magnitude would have wide-ranging impacts beyond its immediate location. That night we began to see that there were many issues to be identified and studied, and so RCU, Riverfront Communities United, came about. As described earlier somewhat by Joe Shiavo, after the license decisions were announced, waterfront communities from both north and south came together to form DRNA, Delaware River Neighborhood Alliance, and as other groups joined because they were concerned about this issue, we became Philadelphia Neighborhood Alliance. In October of '06, Pennsport Civic Association hosted a two-day symposium with representatives from almost every city, state and some federal agencies who would have jurisdiction over this proposed development. That experience taught us that there were not only questions not answered, but to a 215 11/1/08 - RULES - BILLS 080741 & 080742 large extent, the questions had not even been thought of. It was clear that our work was cut out for us. In the days and nights that followed, we all soon felt we were becoming manic depressives, for one day there would be development that would make us euphoric and the next day there would be something that devastated us. So here we are two years and eight months later. What have we learned? We have learned that one cannot wish away a huge problem such as traffic. Traffic studies done at the behest of Councilman DiCicco and strongly encouraged by communities confirmed that the traffic problems at the waterfront site brought about by a large development were not mitigatable. It became clear that the estimated additional 26,000 cars and buses would not only result in immovable traffic, but also air pollution. And there is that issue of parking of buses and employees. 216 11/1/08 - RULES - BILLS 080741 & 080742 We learned that the sewer and drainage system, woefully antiquated and inadequate, could possibly be challenged by the development. We learned it would cost $17.6 million in start-up costs for a police unit to cover both waterfront casinos. So you see, we learned many things. One of the most important things we learned was that at the same time we were fighting for our communities to get answers regarding this development, something wonderful happened. It was known as Penn Praxis' "Civic Vision," and it was supported by the former Mayor Administration and by Councilman DiCicco. It's a vision for development for a seven-mile stretch of land known as the Central Delaware. It is the kind of vision longed for, not only by waterfront communities, but by all who realize the importance of the river to our city's history, future -- past and present history. 217 11/1/08 - RULES - BILLS 080741 & 080742 (Bell rung.)
I would not be honest if I said to you I want to lose this wonderful opportunity by building Foxwoods on the waterfront, for this would have a significant negative impact on implementing the "Civic Vision." But I also will not say to you that I want any other communities negatively affected, particularly by lack of good planning and serious consideration of all issues, the kind of issues that two years and eight months of our lives have brought about, for we have paved the way. So where does that leave me and my fellow communities in the south? Well, it still leaves us feeling like manic depressives. But it also leaves us neither opposing nor supporting the proposed Market East site. It does leave us in strong support of our fellow communities' rights to get serious consideration and truthful answers.
Thank you 218 11/1/08 - RULES - BILLS 080741 & 080742 for your testimony. (Applause.)
Thank you, Madam President, Councilman DiCicco, Councilman Kenney, members of City Council. My name is -- as you can hear, we've been screaming for the Phillies all week and my voice box is shot. Thank God for the microphone. My name is Jeff Rush and I'm President of Queen Village Neighbors Association. QVNA, together with Pennsport Civic and Whitman Council, represent at least 30,000 households from Lombard Street south to Oregon Avenue. Since 1992, successive Administrations ignored the Planning Commission, and the result was that no 21 planning for the central waterfront occurred. In fact, the only plans for development were exclusively for Penns Landing, and over the last 30 years, those plans were all developer driven. 219 11/1/08 - RULES - BILLS 080741 & 080742 For various reasons, all these plans failed in some spectacular fashion. We don't even want to go there. Realizing the error in isolating to Penns Landing in what was otherwise a planning vacuum, Councilman DiCicco in the summer of 2006 persuaded former Mayor Street to authorize a planning process for the seven and a half mile stretch of the central waterfront. This led to the formation of the Penn Praxis Development Advisory Group, which convened in November of the same year. The following month, casinos were announced for two waterfront sites. In the year and a half that ensued, Penn Praxis, with heavy citizen involvement, formulated a vision for the future of the central waterfront. As a member of the Advisory Council, I attended all meetings. The casino sitings ordered by the State were the 800-pound gorilla in the room, but their looming potential presence was largely 220 11/1/08 - RULES - BILLS 080741 & 080742 ignored despite the repeated protestations of the waterfront civics and others around the table. Finally, a compromise was reached that pushed Penn Praxis to study all planning on two tracts, one with casinos, one without. Opinions regarding the efficacy of big box vehicle-depended casinos on the waterfront began to shift in no small measure because Mayor Nutter soon recognized how badly a fit this casino paradigm was with the needs of the 21st century waterfront. The Mayor then requested Penn Praxis to assemble a team to undertake a comprehensive and final look at how casinos would fit, and Penn Praxis determined that this type of development on the river was a non-starter. Currently, the citizens advisory group, known as CDAG, is working on an educational outreach, starting with the riverfront communities, whose purpose is to raise awareness of the Penn Praxis 221 11/1/08 - RULES - BILLS 080741 & 080742 vision and the continued need for citizen involvement. (Bell rung.)
We are also working on a zoning overlay on the central waterfront that will begin to flesh out plans outlined in the Penn Praxis vision for a revitalized waterfront, one that meets the needs of all stakeholders. All of us here today are trying to protect our neighborhoods, and in the case I've outlined in this testimony, leave a legacy of a waterfront we can all be proud of for future generations of Philadelphians. The process set by the Nutter Administration and this City Council to evaluate the Market East proposal needs to be even more intense, inclusive and definitive than the one that soundly rejected casinos on the river. Thank you. (Applause.)
Thank you. 222 11/1/08 - RULES - BILLS 080741 & 080742 Thank you very much for your testimony. Any questions? (No response.)
Next panel, please. MR. McPHERSON: The next panel consists of Sylvia Wright, Gabriel Li, Luella Tripp. I would also like to announce that a Mr. Robert Mims left testimony and it will be made part of the record.
I'd like to thank you for this opportunity. I'm new to the neighborhood and I'm new to the process, so please bear with me. On August 15th, my husband and I moved into Chinatown from Mount Airy. We left our four-bedroom home in a beautiful and quiet tree-lined street --
Excuse me. I'm sorry. I don't believe you identified yourself.
Oh, I'm sorry. I'm Luella Tripp. 223 11/1/08 - RULES - BILLS 080741 & 080742 We left our four-bedroom home on a beautiful and quiet tree-lined street because we wanted to be closer to our jobs and to the airport, since my husband travels every weekend. We knew we wanted a loft and looked around the Center City area and eventually decided to move to Chinatown because it is so centrally located and we have everything we could possibly need within a radius of three blocks. We have enjoyed our new life here, the convenience of being centrally located and all that is available in our area. However, if there was a casino here, my husband and I would not have considered moving here for one second. Having a casino in this neighborhood will keep responsible citizens like us from wanting to be part of this community. Instead, it will draw those with a wide range of vices, from gambling, prostitution, drugs and crime. Some of this already exists here. We don't need 224 11/1/08 - RULES - BILLS 080741 & 080742 a magnet to attract more. I heard it said by somebody recently that the casinos would also provide a family-friendly entertainment center and an educational complex. I must admit I find this to be twistedly paradoxical. Casinos are not a healthy environment for children. The last thing he or she needs is the attraction of lights and slot machines to entice him or her to play the machines. I would suggest that you take that argument off the table right now. I want it noted that I oppose the rezoning of the area around Market East. This smacks of spot zoning, which would conveniently mean the support of the surrounding community, would no 20 longer be necessary for your plans to proceed. You seem to have a sense of urgency, which should not be the case when the impact of your decision is huge to our community. This railroading and infringing your agenda on a community 225 11/1/08 - RULES - BILLS 080741 & 080742 that opposes -- this is railroading and infringing your agenda on a community that opposes your plans for a neighborhood. I do appreciate, however, though, the opportunity to be heard today. Thank you. What has astounded me the most in all of this is -- I'm not done yet -- is that this has been endorsed by Governor Rendell and Mayor Nutter, especially Rendell. Now, if you remember, I'm new to this. As the former Mayor of our city, he was instrumental in the rejuvenation of Philadelphia, in transforming our city to attract tourists, making it a destination place and now one of the most visited cities in the United States of America. We enjoy this vibrant city because of his unrelenting efforts to improve our city. Now he, along with our Mayor, basically 226 11/1/08 - RULES - BILLS 080741 & 080742 want to put this casino in the midst of our city strategically situated between Old City and the Historical District and Center City/midtown. It is like you are undoing all you have done for this great city. I don't get it. (Bell rung.)
We have this beautiful expanse between the rivers and you want to taint it with a casino in the middle of it. It will be a blight upon our city, as you might -- so you might as well just put up a red light. I'm also astonished that you would even consider this in such close proximity to the historical sites, Independence Mall, the Constitution Center, the Liberty Bell, here the birth place of our nation and you want to put a casino at its door. Some of our founding fathers would roll over in their graves. To Governor Rendell, Mayor Nutter and members of the City Council and maybe even some of those from 227 11/1/08 - RULES - BILLS 080741 & 080742 Foxwoods, if someone was planning a casino on your block down the street on the corner and plans for rezoning were in the works, I guarantee you would be outraged. By the way, there are residents living in Chinatown and many of us -- and there are many of us, and it is not just a commercial district. And as a resident, I do not want a casino at my front door. I appeal to Governor Rendell and Mayor Nutter to reconsider your endorsement of a casino at Market East or any place in Philadelphia. To City Council, I urge you to weigh the seriousness of this decision and not approve the casinos at Market East. With all due respect, I believe that this will be an albatross around your neck, a legacy you do not want to leave to the City of Philadelphia.
Thank you. (Applause.) 228 11/1/08 - RULES - BILLS 080741 & 080742
Hi. My name is Gabriel Li. I'm currently a resident of Chinatown and a student at Temple University. I am here today to petition a bill that has been introduced against our community's will. Both the community and I called our elected officials to slow the process down. We wanted to see the community concerns addressed before action was taken. Rather than waiting, CED legislation was introduced. This was a slap to the community's face. It made it clear that Foxwoods was the priority and not the community. But since the legislation has been introduced, I wanted to point out the weaknesses of the legislation and how it leaves my community in the hands of Foxwoods. The first weakness is the lack of content that will protect the surrounding residential communities. The 229 11/1/08 - RULES - BILLS 080741 & 080742 legislation should include requirements on the amount of security provided, design requirements, how many slots our city will tolerate, limits on the hours of gambling. And even with this legislation, we could have made it much harder for Foxwoods to implement their plans. Instead, the current legislation uses vague language that allows Foxwoods to do whatever they want. Also currently in this legislation there is nothing protecting our community against gambling addictions. One of the biggest concerns in our community, Chinatown, was not signs, but it was gambling addictions. The City needs to make it clear on what they will do to prevent gambling addictions before they take any further action. We all know that gambling addictions means profit for a casino, so I don't expect Foxwoods to protect us. But I do expect and believe that our elected officials will protect 230 11/1/08 - RULES - BILLS 080741 & 080742 our community members from gambling addiction that causes domestic abuse, broken families and bankruptcy. We elected you to protect us, not corporations. I also wanted to stress today that the proposed site at the Gallery is not a First District problem. This is a Philadelphia problem. The proposed site is in the heart of our city, and all the people from Philadelphia will suffer the consequences of gambling. The effects of a downtown casino will not only hurt the Chinatown community, but it will break down communities all over the City. In addition, if this legislation is not stopped, it will show how broken our government is. It will marginalize the community's voice and encourage the already rampant apathy in our electorate. I wanted to stress the point that any benefits a casino at the Gallery may provide will never outweigh the 231 11/1/08 - RULES - BILLS 080741 & 080742 community destruction, addictions and broken families it causes. I know some in our government who have given up and thrown their hands up in surrender saying that we can't do anything. Our own Councilman said that, My fighting days are pretty much over. But understand that a downtown casino is a Philadelphia problem. So I hope the rest of you in City Council have some fight left. Vote against this legislation because you know Center City is the wrong place for a slots parlor. And in addition to that, I have one question for Councilman DiCicco. Throughout this whole process, you have mentioned that you regret listening to people. If you don't listen to the people, who do you listen to?
I don't think you have to answer that. Are you finished with your testimony, sir?
Yes. I have one thing 232 11/1/08 - RULES - BILLS 080741 & 080742 to add. If you don't have an answer, I can only assume you're listening to only Foxwoods. Thank you.
That last statement was extremely unfair. However, we'll go on with our hearing. The next panel? MR. McPHERSON: William Kosman, Hilary Regan, Mary Tracy, Rosanne Loesch. (Witnesses approached witness table.)
Please identify yourself for the record and proceed with your testimony.
My name is William Kosman. I am a resident of Queen Village. I'm an artist. And I am here to do three things. I want to explain why I believe Market East is absolutely the wrong site for a casino, and I want to make two suggestions. And in talking to you, I will skim over some of my points, because some of them have already been mentioned several times. I will not talk about traffic, of cars and buses, even though we know that this would be monumental. And also I want to mention, too, that there's been a tremendous amount of research done concerning casinos in cities, and one of the things that is stressed is that casinos do not stimulate business in surrounding businesses. They actually 234 11/1/08 - RULES - BILLS 080741 & 080742 suck away business. And this has been documented in at least five books which I've read. If somebody wants a list of these books, I will give it to them. Also, I cannot think of anything more ill-advised than having a casino where alcoholic beverages are consumed in a mall environment where families, young people, teenagers go. I just think this is presenting the absolute ridiculous problems that should be avoided. And also I want to mention that I look upon the City of Philadelphia as the guardian of our nation's historic treasures. I'm talking about Independence Hall, the Liberty Bell, et cetera. I believe that if a casino is placed mid point between Independence Hall and the City Hall, it would be a blotch on our city that would never be erased. Once a casino is established in the City, they have a tendency of 235 11/1/08 - RULES - BILLS 080741 & 080742 growing, and while Foxwoods says we want to limit a casino here now, if the casino is established, there are always projects for expanding them. I would like to make two suggestions, because I believe in this whole casino debate, we have lacked creativity. One suggestion I would make is that we should look at other possible locations. I know that the Gambling Act of 2004 places certain limitations on us, but I know that the Gambling Act could be amended. One possibility I think we should look at is unused land near the airport. I believe that we could establish an entertainment district in this unused land near convenient off-ramps near -- we could establish bus transportation, rail transportation, and we could have two casinos there with sports venues -- (Bell rung.)
Already? My gosh. -- (continued) sports venues, 236 11/1/08 - RULES - BILLS 080741 & 080742 other entertainment, hotels, restaurants. The other suggestion I want to make is that if Market East needs positive suggestions for developing, one suggestion would be of establishing a design, art and craft center. If Philadelphia has one positive image, it is the city of the arts, and we have more than several thousand artists, practicing artists, in the City. If there were a design, arts and craft center at Market East, it would link in with the huge artistic developments north of Market Street. And this city is really flourishing, is known nationwide, partially because of the Mural Arts Program, which is proud to say that Philadelphia has the largest number of murals in any city in the United States. I want to thank all of you for listening to me and thank you for your time.
Thank you, Mr. Kosman. 237 11/1/08 - RULES - BILLS 080741 & 080742 Please identify yourself the record.
Good morning, members of the Rules Committee. My name is Stephanie Tran and I am representing the youth. The following is a statement that the youth has written that I will read to you. We, the students against the casino, are united to taking a stand and to voice our concerns. We oppose of the building in the heart of Philadelphia, because it exposes youth to addiction and crime. It has a negative impact on individuals and families. It would disrupt the well-being of local businesses, and it would destroy the cultural significance of Chinatown and its surrounding communities. Instead, we believe that the City of Philadelphia should do the following: Have programs to help youth envision a more successful future, 238 11/1/08 - RULES - BILLS 080741 & 080742 redevelop Center City to provide a safer and healthier environment and also to enact proposals that will maintain the culture of values and heritage of Chinatown and its surrounding neighborhoods. Thank you for your time. (Applause.)
Thank you. Please identify yourself for the record.
My name is Rosanne Loesch and I am a Board member of Society Hill Civic Association. I'm Chair of their Casino Committee, and I've been working on this issue since January 2007. Many of you on the panel already know me. My civic association testified earlier. Their President testified and asked the Committee not to vote these two bills out of Committee today, and that is the official position of my Board. I am right now testifying as a private 239 11/1/08 - RULES - BILLS 080741 & 080742 citizen. I have two concerns. One is having to do with the process and the other has to do with the content of -- or, actually, the actual substance of putting this casino on Market Street. The process concerns me a lot. The top aide to Mayor Nutter today said Foxwoods is in control. I think this is a very frightening proposition, the thought that Foxwoods is in control of this process. These are the dangers: Once you vote this out of Committee today, I have heard that as soon as November 14th, City Council will be voting on this, and let's assume City Council votes on this. After that, Foxwoods submits plans of development for this site. Under the CED legislation, this proposed legislation -- and also in 2006 the same was true -- if City Council -- if the Planning Commission does not act within a certain amount of time once the plans are 240 11/1/08 - RULES - BILLS 080741 & 080742 submitted, then it's deemed approved, and that is also true of City Council. The plan of development goes to City Council. After 45 days, if City Council does not act, it is deemed approved. Now, what are the flaws with this? When it goes to the Planning Commission, I had the Acting Executive Director answer a question for me when I asked him, Are you going to consider social and economic impacts when the plan of development is presented? And he said to me, No. He said, That is not our job. I said, Whose job is it? Well, it's the Department of Health and Services. Well, I know that through the Foxwoods and SugarHouse waterfront sites that no one looked at those social and economic impacts. City Council -- once it goes to the Planning Commission, there is a big problem in terms of the public getting the information. The Planning Commission 241 11/1/08 - RULES - BILLS 080741 & 080742 works on this stuff for a long time without the public actually seeing it until their so-called -- and it was referred to today -- interim presentation. A 45-day window to do all that, to get it out to the public so that the public can actually see it, is problematic. (Bell rung.)
The second part of the process of going to City Council, again, 45 days for this to be decided upon and then have it be deemed approved if you don't act is a frightening proposition. Just quickly to the substance -- or the content of putting it right there, there's been a lot of talk about how this is going to drive economic development. In the waterfront -- and that Market East is a tumbled down place that we don't like. I will remind Council that with the waterfront, what I heard for the last two years, until 242 11/1/08 - RULES - BILLS 080741 & 080742 recently, until Penn Praxis and everything came out, was that the waterfront, who cares about the waterfront. It's a bunch of vacant land. There's nothing there. There's big box casinos. There's the empty SugarHouse refinery, just put them there. Well, of course we found out over a two-year period through citizens acting, through Council listening, through the Penn Praxis program and our Mayor endorsing that, that we can have a much better vision for our waterfront. Why does the center and heart of our city, the historic heart of our city, deserve any less a planning process? So I call for a planning process to take place before any zoning/rezoning, which comes all the way up to 6th and Chestnut, which is Independence Hall, where it would be permissible -- and this is the word that the Planning Commission used at last Tuesday's Planning Committee meeting -- 243 11/1/08 - RULES - BILLS 080741 & 080742 permissible to put a casino on that site if someone, an operator, casino operator, introduces a plan of development. A plan of development, we know, if this zoning is passed by City Council --
Excuse me. I don't mean to interrupt you, but you're going far beyond the three minutes.
I will conclude my statement. Please do not vote these two bills out of Committee. This is putting 244 11/1/08 - RULES - BILLS 080741 & 080742 in a process that will be unchangeable and permanent.
Good afternoon. Please identify yourself for the record.
Hi. My name is Hilary Regan. I'm a resident of Northern Liberties. I just wanted to make a couple of quick statements. I've testified here before. I've been told we don't want to discuss the economics in City Council because gambling is coming to Philadelphia and that's just the way it is, but I don't think you can exclude economics, because it is directly related to location, and that you have an obligation to the citizenry of 245 11/1/08 - RULES - BILLS 080741 & 080742 Philadelphia to understand the social impacts of each site. We brought experts here from around the country, leading publications such as the Wall Street Journal, News and World Report, and even people like Senator Obama have said that they question whether or not gambling is a development tool. And I certainly in this market would also question whether or not any of the development that Foxwoods is planning is going to show up in a certain time period. But it doesn't seem to make a difference what I say or even what some of these experts say. So I thought maybe I would use somebody else's words. You probably don't know, but the reason why Nebraska doesn't have gambling is because of Warren Buffett. He is the leading reason. He has said -- he was asked a question: The amazing thing across the country is, gambling has been promoted strictly on its benefits. 246 11/1/08 - RULES - BILLS 080741 & 080742 There is no mention of the addiction or bankruptcies. His response, There's a lot of benefit to the owner. Net, it's a big loser for the citizenry. He also said that he taught his kids at a young age -- he bought them a slot machine and he gave them their allowance, and he said, I collected their allowance, I got all of it back for two months. They learned at a young age that in those days pulling the lever of a slot machine might be good exercise, but it was bad economics. The other thing that he said that I think is very relevant to the decision that you are considering having it, being a casino, inaccessible is a real plus when you are dealing with something that is addictive, that can be addictive. It should not be easily accessible. This is a social experiment. We're the first in the country to do it. 247 11/1/08 - RULES - BILLS 080741 & 080742 And I really think that we need to give a lot of consideration to the social impact. I consider this to be Enron economics, and I think part of the problem with the country today, the reason why we're in this financial crisis, is because the cost of our decisions are not an equal part of the conversation, and I would urge you not to vote this bill out of Committee.
Thank you. Please identify yourself for the record.
Yes. Good afternoon, Council President, Councilman DiCicco, Councilwoman Miller. My name is Mary Tracy and I am the Executive 248 11/1/08 - RULES - BILLS 080741 & 080742 Director of SCRUB, the public voice for public space, and I appreciate the opportunity to speak before you today on this issue, which I've really just become apprised yesterday because I've been away. But, as you know, SCRUB is the public voice for public space, and we work to see that all public spaces in Philadelphia will be healthy, vibrant and beautiful. We're best known for our work surrounding illegal and poorly placed billboards, which we've used to address the larger issue surrounding the built environment and public space. And the signage provisions in this Commercial Entertainment District bill are far too generous for its location here in the gateway to our historic district and in really the heart of Center City. And while I think it may really have been an oversight, because the original provisions were meant for down off I-95 and the distances, the heights, the sizes 249 11/1/08 - RULES - BILLS 080741 & 080742 of the signage may or may not have been appropriate there, they certainly are inappropriate for where we're planning to place it here. And, for example, currently under the current Zoning Code there, you have two square feet for every linear foot of a frontage to a maximum of 100 square feet. No sign can be larger than 100 square feet in that district. Under this commercial entertainment zone, you have five times, five square feet for every linear foot, plus you can add the sides at two feet. I mean, it's sort of a convoluted summary, adding this side, adding that side. If you're four sides, you only get two square feet on the side ones. But the sum total is whatever the sum total is. It's not -- there's no maximum here. If this is how much room that your building is, times that by five square feet and that's how much signage you'll be allowed. 250 11/1/08 - RULES - BILLS 080741 & 080742 You also have, which has been prohibited in every commercial district in the City, rooftop signs, and there's no -- at least there was a height restriction of the one down in -- the ones down by the river. There is no 8 height restriction on the height of the rooftop sign. And we're actually talking about two rooftop structures, each 300 square feet with four sign faces. (Bell rung.)
So I want everybody to start thinking about where the signage is in our Center City Philadelphia and how carefully we have been through the years that less is more, and I think that this particular legislation really is way over the top. Another place where I would point out here is this introduction of electronic signage for the first time into Center City. And so I don't know how many in the Council have been to Atlantic City or Las Vegas, but we know 251 11/1/08 - RULES - BILLS 080741 & 080742 that's a very important part of their marketing, are huge electronic signage. But we don't know how bright it's going to be, how big it's going to be, where it's going to be placed, how it's going to be placed. There's no restrictions on that whatsoever, no regulations. It's sort of a carte blanche to the industry. And I think when we start to do that, I think we're sort of being disrespectful to the other businesses that have complied with the sign regulations all these years. And now a new business is coming in and we're bending over backwards to give them everything but the kitchen sink. I think moving this slotting industry into Center City is one discussion. Changing our sign codes and the aesthetic values that we have held so close to our hearts all these years is another discussion altogether, and perhaps should not even be part of this discussion, because the implications are 252 11/1/08 - RULES - BILLS 080741 & 080742 just so far reaching, and once they're there, there's no turning back. And I also think there's no 5 definition of what we consider accessory. In the current zoning for there, they pretty much talk about the logo sign, the building ID sign. Accessory, if you get the right lawyers, could mean anything that's sold on the premises. So as we have these electronic signs and we have all this signage that's allowed on these buildings, is it going to be also advertising the socks that are in the stores that are in there or the cigarette -- or the alcohol --
Mary, you have far exceeded your three minutes. May I ask that you please conclude your testimony.
I will, yes, Council President. And then there's just one other thing I think we have to look at, our desire to be a green city. These digital 253 11/1/08 - RULES - BILLS 080741 & 080742 signs actually take up -- each one is a carbon footprint of 49 traditional billboards, or homes. One digital 5 billboard emits 108.41 tons of carbon 6 dioxide each year, taking the planting of 7 approximately 4,517 trees. So let's take 8 a look at that in this ordinance. And 9 then, of course, not to mention the 10 driver or distraction and pedestrian 11 safety. 12 So I will sum up by saying we 13 stand at a crossroads here. What is the possible benefit to the City to allow digital signage and increased signage in an historic and architectural gem of Philadelphia? So if possible, let's make those corrections in this bill.
Thank you very much for your testimony. Any questions? (No response.)
Panel 14, Liting Zou, Michelle Truong -- I'm sorry. Fifteen, Dr. Ying, Lai Har 254 11/1/08 - RULES - BILLS 080741 & 080742 Cheung and Rorng Sorn. (Witnesses approached witness table.)
Please identify yourself for the record and proceed, whoever would like to go.
My name is Ying Zhang Lin. I'm the member of the Chinatown Committee Against the Casino. This new organization has over 100 local community leaders and business owners. We strongly and deeply oppose the casino proposal. We stand together with the church, school, senior house, Chinese Learning Center and the medical centers. The current casino proposal is in process right now, but it is already bringing huge fear to 90 percent of Chinatown residents, 80 percent business owner and the majority of Chinese community who live outside our own 255 11/1/08 - RULES - BILLS 080741 & 080742 business outside of Chinatown. According to our survey from the 109 business in Chinatown, we find out their fears come from three points. Number one is gambling and gambling addiction. Here is what our business owners said: I beg you not to open a casino close to Chinatown. Two years ago I quit gambling. I quit going to Atlantic City. If you open a casino close to me, I'm afraid I will go again. Second fear is business impact on Arch Street between 9th and 11th Street. There are eight Asian restaurants and a coffee shop. Seven of them oppose casino proposal, and six of them are equity committee member. Here is what they have said: Economy is not good right now. If you set up a casino in our neighborhood, it will make our business worse. Now people come to Chinatown and spend their money here, but you bring a casino here, they will spend their money in casino. I'm a business 256 11/1/08 - RULES - BILLS 080741 & 080742 woman, so I'm concerned about the business part. The other says, I personally oppose it because a casino have everything inside, including food and free alcohol. You cannot compete. Third concerns: Crime, traffic and family. People are saying they are worried about their husband, their children and their parents. Here is a father who said, I have two kids. One is seven, one is five. Every day kids are here. If we sometimes ignore them, they will run there. So much undetermined. Even if my business improves, it is not worth it to me. People really are saying they are worried. Eighty percent of business owner oppose casino and 90 percent of restaurant oppose it. I feel confused why we are here discussing something we don't need. What we need is a high school, a medical center, a senior center, a Chinese American museum and a 257 11/1/08 - RULES - BILLS 080741 & 080742 marquee and a garden. My question to our Councilman, Frank DiCicco, are you really listening to the people who live and have business in Chinatown? The new committee is -- the Chinese people -- I'm sorry. The Chinese people who live in Chinatown fighting for the casino proposal, our wishing is to have our health, safety and a vibrant Chinatown, which is our (unintelligible) home. Our mission is to stop the presence of a casino on Chinatown's borders. Thank you. (Applause.)
Thank you for your testimony. Please identify yourself for the record.
My name is Rorng Sorn and I'm the Interim Executive Director of the Cambodian Association of Greater Philadelphia. Thank you for the 258 11/1/08 - RULES - BILLS 080741 & 080742 opportunity today to testify and to raise my concern on casino and gambling addiction in our community. I would like to echo Ellen Luu how gambling addiction can have social, economic and health. Again, not just social and economic, but also health impacts that can last generations to come, that can cause City and State government a lot of money. Talking about the social impact, I just want to give a couple examples of domestic violence within our community due to the gambling addiction. A few years back there's a family who's had to deal with the gambling addiction. The spouse was killed. The husband is now in jail. The kids are being displaced. Imagine how these kids have to go through each day, losing their parents and now being misplaced and how this can strain, affecting their mental health and also the education and social while being in 259 11/1/08 - RULES - BILLS 080741 & 080742 the long run. So that's one example. Also, every day I've been working in the community for so long, for over years, and I haven't seen any 6 single person who get rich out of 7 gambling. It put these family into a 8 deeper, deeper in poverty. I see people, 9 their car being repossessed, their home 10 being foreclosed. These are families 11 whose -- the father who supposed to help 12 raise the children uses the house, to 13 take the money out of the house to 14 gamble, and then the family is being 15 displaced. 16 So these are the story and the 17 families that are being affected every 18 day. So these children are being 19 affected every day to go through this 20 family violence, the displacement and all these issue affecting them, to ask that that family need the most car and homes, that each family need to live it, but because of gambling addiction, family have to lose those two basic needs that 260 11/1/08 - RULES - BILLS 080741 & 080742 they really need. (Bell rung.)
Depression is another issue. That is a health issue that's affecting our community, and it put our family community -- and it's not only affecting our community, it's affecting the whole society as a whole. When a family or an individual is depressed, it will affect not just the home, in the school and the community we all have to endure. (Unintelligible) help these kid is all of us, so that is the long-term effects that we all have to endure. So I just met with the Dr. Evans, the Director of Behavioral Health, the Department of Behavioral Health, and a group of other Asian leaders last Friday. According to him, he said that there's one percent of the City population compulsive gambler, but according to him also, there's only four counselors as certified to deal with 261 11/1/08 - RULES - BILLS 080741 & 080742 these addicted gamblers, and in this regard, it doesn't reflect the diverse community even in our city. So not just limited resources. Yet, there's a lack of response to the need of all our community, diverse community, within our community -- in our city.
So my conclusion is, please take into consideration the long-term effects on our social, economic and health of our society as a whole.
Yes. My name is Lai Har Cheung and I'm speaking as a concerned Philadelphian. But first off, 262 11/1/08 - RULES - BILLS 080741 & 080742 I have to say, go Phillies. And why it's so important, why the Phillies winning is such a big deal to me is because why are we sitting here having to discuss this? It seems kind of crazy. It's almost like asking like we are the Phillies and Foxwoods is Tampa Bay. So why would you let them even consider coming into our city at all? It's like it's a no 11 discussion kind of thing.
Why do we even have to sit here? That to me is the thing that gets me so angry, because it's like we know it's going to hurt our citizens. We know it's going to do that and we're still kind of like being okay with them pushing through this thing. I mean, exactly, we don't want them. We 263 11/1/08 - RULES - BILLS 080741 & 080742 don't want them to get any further in this legislation. We want them to go. But why I love this city is because etched on our constitutional center walls is a statement from one of our founding fathers that says it is the duty of a citizen to fight back even though the thing that we're fighting back against is our own government, is our right to fight oppression. This is our founding father -- this is Philadelphia. Like you just cannot -- this is like no 14 other city, and this tide of casinos are gaining more and more in every part of the country, but this is the time where we can stand up, where all our leaders and our citizens can stand up and say, You know what, Foxwoods does not have a place here in our community. That's why I love this city. (Applause.)
And when I hear about process, usually when we talk about process, it's always you don't know the 264 11/1/08 - RULES - BILLS 080741 & 080742 outcome of the process, but for some reason, we've been told that the outcome has already been decided and that no 5 matter what we say, we're going to have one anyway. So that to me is not democracy. That to me goes against everything that our city stands for. And when our city was the nation's capital, when George Washington was President, this is what he had to say. He said, Avoid gaming. This is a vice which is productive of every possible evil, equally injurious to the morals and health of its votaries. (Applause.)
It is the child of avarice, the brother of inequity and the father of mischief. It has been the ruin of many worthy families, the loss of many a man's honor, and the cause of suicide. To all those who enter the lists, it is equally fascinating, because a successful gamester pushes his good fortune until it's overtaken by a reverse. The losing 265 11/1/08 - RULES - BILLS 080741 & 080742 gamester, in hopes of retrieving past misfortunes, goes on from bad to worse, until growing desperate, he pushes at everything and loses his all. Let me translate that for a second. What he's saying is like when you win, you lose. And when you lose, you lose. And let's not get it twisted. Casinos are not a savior. They're not here to come and give us money and give us jobs. Come on. Casinos are a business. They need profit and they need repeat customers; i.e., compulsive gamblers. And why this is so important to us is because we're fighting for our lives here in Chinatown. This is our very lives that we're talking about, and we're going to keep fighting. But to finish his quote, he goes and says, George Washington, our nation's first leader, who knows what he's talking about -- and this has been advice since the 1700s -- In a word, few 266 11/1/08 - RULES - BILLS 080741 & 080742 gain by this abominable practice, the profit, if any, being diffused, while thousands are injured. And I also speak to you today as a person who has been injured. As an adult child of compulsive gamblers, I've seen what this can do, and I wish this not on my worst enemy. I do not want any family to go through what my family has had to go through. And I have so much respect for Councilman DiCicco because of what you had to go through, and I know that fighting it is the hardest thing that you're probably going to have to do. Because it takes a lot of courage for me to come and speak, because I don't want to talk about this stuff. I don't want to talk about the hurt. But if it takes that to stop this from going there, I will. Because when I grew up, I thought my parents loved money more than me. Every time they went to the casinos, I thought, You know what, they like money more than me, I'm not worthy. But I 267 11/1/08 - RULES - BILLS 080741 & 080742 didn't take into account that they were addicted. And addicted people don't think straight. They just do what they got to do at the risk of their wives, at the risk of the lives of their children, at the risk of their community, at the risk of their jobs. People who are addicted can't think straight and so they make wrong decisions. But you guys, I am asking the clear-minded leaders of our city to prevent the Foxwoods from getting any closer to our family. (Bell rung.)
And I feel like you guys, like for you to understand that the scars that I have gotten from what this has done to my family, I will live with it for the rest of my life. And the scars of what has happened will etch itself on our city. And we are a city of champions and we are a city not used to losing and not liking to lose, and to have this Foxwoods that will make more of 268 11/1/08 - RULES - BILLS 080741 & 080742 our city's losers instead of winners is unacceptable. It's unacceptable, and today -- (Applause.)
And today I ask that you place more value on people and their quality of life than on money, because no matter how much money it brings in, is it worth your child? Is it worth your mom? Is it worth your dad? Is it worth your brother or your sister, your grandparents? And I hope your answer is no. Because our family is priceless, and I hope that you say no to the casino.
We need to take a stenographer break for five minutes. (Short recess.) MR. McPHERSON: The next panel 269 11/1/08 - RULES - BILLS 080741 & 080742 consists of the Reverend Chengzong Liu --
Please pay attention. MR. McPHERSON: The next panel consists of Reverend Chengzong Liu, Harry Leong, Robert Schlatter, Ying Zhang Lin.
Please approach the witness table. (Witnesses approached witness table.)
Please identify yourself for the record and proceed with your testimony.
Good afternoon. My name is Chengzong Liu. I'm the Pastor of Chinese Christian Church and Center. I'm here to represent my church and the Chinese churches in Greater Philadelphia. We, the undersigned, voice our opposition to plans to allow legalized gambling in the Gallery in Philadelphia. We believe that legalized gambling will ravage the lives of many individuals and families and contribute substantially to 270 11/1/08 - RULES - BILLS 080741 & 080742 the decay in the fabric of our community. We believe the societal effects of gambling at this location so close to residential Chinatown invites disaster to our community. We know that legalized gambling can devastate families and can uncover gambling addiction and its ruinous effect on the individual and their family. We are concerned that there will be a resultant increase in divorce, suicide, bankruptcy and child abuse and domestic violence in the community related to the legalized gambling that the casino will bring. Gambling brings about an increase in crime. We're concerned that the casino will result in the skyrocketing of crime and be detrimental to the family life in our community. We believe a casino will foster an environment leading to increased crime to support gambling habits, and our community, given its location, will be a target. 271 11/1/08 - RULES - BILLS 080741 & 080742 We're concerned that gambling will hurt, not help, our existing businesses by siphoning away discretionary dollars that might otherwise have been spent at local restaurants and shops. Other social costs associated with gambling, such as losses due to crime, additional law enforcement costs, gambling addiction treatment costs, and lost work productivity, can also be harmful to our community. We, as members of Christian Church, are called to care for the vulnerable in our midst. We are concerned that gambling is an activity which exploits the vulnerable, the young, the old and those susceptible to addictive behaviors. Gambling often entices the financially disadvantaged with unrealized hope of instant riches, ultimately worsening the plight of our poorest citizens. Research shows that these poorest, who are financially ill 272 11/1/08 - RULES - BILLS 080741 & 080742 able to be, are disproportionately drawn to the illusory promise of gambling. (Bell rung.)
We as a church already see this in the attraction of the Asian poor to other forms of gambling in many places, including Chinatown, Atlantic City and Asian countries from which these poor come. For moral, social and pragmatic reasons, we respectfully voice our opposition to the devastating effects a casino will bring to our community. It is a community that we live and serve in. And it is out of concern for the well-being of our community in Chinatown that we sincerely oppose the casino plan in the Gallery. This is drafted by our church and endorsed by the following China churches, including our daughter church in University City, Evangelical Formosan Church of Philadelphia, Faith Hope Love Chinese Church, Lamb of God Chinese 273 11/1/08 - RULES - BILLS 080741 & 080742 Church, Love Truth Chinese Mennonite Church, New Castle Chinese Evangelical Church, Trinity Christian Church of Greater Philadelphia, West Chester Chinese Evangelical Church and Wilmington Community Evangelical Church. Thank you very much.
My name is Harry Leong. Good afternoon, Madam President, Councilman.
I am a lifelong resident of Philadelphia and serve as the President of the Philadelphia Suns. We are a grassroots youth group in Chinatown. Since 1972, our mission is to provide educational, social, recreational 274 11/1/08 - RULES - BILLS 080741 & 080742 and cultural opportunities to Asian youth and young adults. The Suns are able to support and mentor young people at various stages in their lives by providing various resources and programs to meet their needs while serving our community. As some of the Councilmen may know and are aware, that Chinatown is not only the businesses, it's not only the residents, but it also includes -- it's a hub for the surrounding Philadelphia area. So as the Pastor has mentioned, support in opposition to the casinos has gone across the tristate area, and that's what we see within our community. We're not limited by what -- by a small number of people. We have many people who will be negatively affected by the potential casino in the community. In regard to this casino issue, it's not only about Chinatown. Our Center City should be known for it being the birth place of this nation. It 275 11/1/08 - RULES - BILLS 080741 & 080742 should also be the -- it is the center of our city, and for it to have casinos or other such endeavors is not such a great thing. I propose that we do something a little bit more innovative in developing this area, like win more championships, which promotes our economy, as an example, as mentioned before about the Phillies. This expedited process of proposing the CED legislation, without any concrete developmental plans nor feasibility studies, creates a loud warning that we should slow down, that we -- with any major development, there should be due professional care in its progress at every stage. Failing to prepare is preparing to fail. The City needs to have proper studies and plans and not just a proposal, for even to move to rezone the area for a casino. The onus should be on Foxwoods to present detailed plans. 276 11/1/08 - RULES - BILLS 080741 & 080742 The City government cannot determine or even address the effects on the family as well. If we look at the many, many studies that are out there in regard to casinos, not only in this country but around the world, we already see the negative effects. (Bell rung.)
So I'm not even going to go there. But as a community, as an organization, the Philadelphia Suns, we stand with many other individuals in Philadelphia who care for the best interest of the City as a whole. We desire to build positive character and integrity in the lives of our youth, teaching them to become active and productive members of society. Casinos go against our vision to build and support a better community. The Suns ask that the City Council not pass the legislation to change the area from Broad to 6th and 277 11/1/08 - RULES - BILLS 080741 & 080742 from Filbert to Chestnut Streets to a Commercial Entertainment District.
Good afternoon. My name is Aileen Setiawan and I am the Youth Director at the Chinese Gospel Church. I am in disbelief at the message our government is sending to the young people of this generation. Today is a public hearing to rezone this area to be a Commercial Entertainment District. You define gambling as a form of entertainment. And it's not entertainment. It is a horrible vice which affects -- are ultimately destructive. How can you introduce this activity that you know is harmful to our community? How can you condone an industry based on money and greed? Gambling is predicated on the 278 11/1/08 - RULES - BILLS 080741 & 080742 losses, the pain and suffering of other people. If you think it will help revitalize this area, you should rethink that. The casino will take business away. It depresses businesses, diverts money that would be spent on things to stimulate the economy. You think you will gain from this, but how much more will you have to spend on services that result from the negative impact this casino will have on the community? Many of the concerns include traffic, parking and crime, but even more important is the moral impact on the quality of life in our community. You will undoubtedly have an increase in compulsive gamblers. And how will they finance their addiction? Through violence and crime? This is a crime against society, against families, against the very person who engages in this addiction and against God. It does not make sense that the 279 11/1/08 - RULES - BILLS 080741 & 080742 government will seduce its citizens and subvert the moral fabric of society. You're supposed to provide order in society, protect the welfare of your citizens and promote public virtue. And why put it in Chinatown where you know that it will enable the Asian community's pension for gambling, leading to a full-blown addiction? You are destroying us. Yesterday was one of the proudest moments in our city's history. I don't think that this casino -- it just would be -- it will cause the citizens of this great city to be ashamed to be a Philadelphian. Thank you. (Applause.)
Thank you. Thank you all very much. Thank you. Our next panel?
Also, Robert Schlatter is a Deacon Board of our 280 11/1/08 - RULES - BILLS 080741 & 080742 church, and this is a written statement that's signed by the members, but --
If you'll give it to our aide, we will make certain that it's part of the testimony.
Our next panel? MR. McPHERSON: Our next panel consists of Thoai Nguyen, Ignatius Wang, Catherine Fung and Gary Lee. (Applause.) (Witnesses approached witness table.)
Good afternoon. Please identify yourself for the record and proceed with your testimony.
Hi. My name is Catherine Fung and I'm an urban studies major at Bryn Mawr College and I've been studying economic development and urban planning for the past four years, and I think that the justification for a casino 281 11/1/08 - RULES - BILLS 080741 & 080742 in the Gallery is inherently contradictory. Firstly, throughout this session and in the opening remarks, you've been saying that this land use review process will be transparent and democratic, but by default, several decisions have already been made. There has already been the decision that a casino will inevitably be in Philadelphia, no matter where it is; and then, secondly, that Foxwoods will have complete control over this process and that it will decide ultimately where the casino will go, and this automatically excludes public input from this land use review process. And then, secondly, this -- you cite unsafe conditions and the lack of eyes on the street as reasons for why the Gallery needs to be redeveloped. And what eyes on the street really is is Jane Jacobs' principle that people need to feel public ownership of space in order 282 11/1/08 - RULES - BILLS 080741 & 080742 for them to support and protect their communities, and this is known in urban theory as one of the core principles of good urban planning. And it is a necessary condition for people to -- for communities to be able to prevent crime and have their cities be vibrant. And by putting a casino in Market East, by preserving the concrete structure that the mall is currently in and by encroaching on Chinatown, which is already a vibrant community, I think that you would be perpetuating the unsafe conditions and lack of eyes on the street that Market East already exhibits. And then, thirdly, you're right, Market East is in a prime location and it is a transportation hub and perhaps it could benefit from economic revitalization, but a casino is the wrong type of economic redevelopment to take place in this area. It is not going to sufficiently address the economic problems that Philadelphia faces, and 283 11/1/08 - RULES - BILLS 080741 & 080742 this area and the people of Philadelphia deserve a better strategy. And what a better strategy would mean is not a casino, not a place that provides a limited number of jobs, with little opportunity to learn other job skills and to advance in jobs. And what sustainable development would be is effective economic development, something that would maybe look like -- something that would help me and my friends stay in Philadelphia after we graduate and not go off to cities like New York, and for people who haven't had the opportunities to graduate from college or even high school or middle school, they should have the opportunities to learn job skills and to have jobs that will allow their advancement, not only professionally but in life. And, furthermore, I don't think a casino would provide the professional growth -- it wouldn't support the professional growth of Philadelphia's 284 11/1/08 - RULES - BILLS 080741 & 080742 workforce. (Bell rung.)
And then, fourthly, I think that a casino would negate a lot of the positive identities of Philadelphia. I mean, the casino would be a few blocks away from the Constitution Center, which is a major tourist site in Philadelphia that attracts millions of tourists per year. And Philadelphia has this reputation as the founding --
And then it also has -- it's also the next great American city, according to National Geographic in 2006. And what respectable business would want to --
-- put their business next to a casino. And so I ask you to reconsider 285 11/1/08 - RULES - BILLS 080741 & 080742 the economic implications of this project. Thank you.
The next witness, please identify yourself for the record.
And please try to stick to the three-minute limit. We would like to hear everybody today. Thank you.
Good afternoon. I'm Gary Lee. My family has resided in Chinatown for more than 40 years. My law office is located directly across from the Gallery at 11th and Market. We oppose the location of a casino at the Gallery, and there are several reasons that support this 286 11/1/08 - RULES - BILLS 080741 & 080742 position. Number one, the addiction among Chinese and among Asians is greater than the addiction, the gambling addiction, among any other groups. So it will have a severely negative impact that's disproportionate to any other place in Philadelphia where a casino may be placed. Number two, the Philadelphia Gaming Advisory Task Force has produced a report that's over 400 pages, and to locate a casino at the Gallery would be totally inconsistent with the findings in that report. On it says, when asked whether they would be more likely to visit a Philadelphia slots-only casino at either a Center City or a waterfront location, respondents favored the waterfront by a ratio of three to one. In other words, there will be less revenues if the casino is located at the Gallery than if it will be located at the waterfront. 287 11/1/08 - RULES - BILLS 080741 & 080742 It also says, Finding: Gaming Act requirements dictating the size and slots-only nature of Philadelphia casinos will make the placement of the gaming facility in downtown Philadelphia a significant challenge. That challenge is not present at any other site. It also says, , The City should not support a casino license application on any tract of land that encompasses less than 3.4 acres of contiguous land. The Gallery site consists of only 3 acres between 10th and 11th and Market. What they're really trying to do here is shoehorn a big casino with its related facilities for entertainment, for retail use into a very small space. Furthermore, the traffic problems that are going to be developed here, that are going to be caused here, are not only those that exist when the casino is in operations, but those that would exist when there are other major 288 11/1/08 - RULES - BILLS 080741 & 080742 events, such as the Flower Show, such as the Auto Show. It's already congested with those two events. It's going to be worse if the casino is built at the Gallery. Also, a casino at the Gallery will result in fewer union construction jobs, because the scale of the project is going to be less. It's going to result in fewer -- in less revenue to the City, because if fewer patrons go to the Gallery site, it's going to mean less of the profits that are supposed to be given to the City to be added to the City's budget. Finally, any kind of -- the way Ordinance 080742 is constructed, it would permit -- it would make it more easy for there to be a casino located on Arch Street because that is considered within the bounds of that ordinance. (Bell rung.)
The ordinance changes the zoning requirements for a casino that 289 11/1/08 - RULES - BILLS 080741 & 080742 will be located anywhere from 6th to Broad, Chestnut to Arch. At the very least, if you do want to report these out of Committee, that area should be confined only from 10th to 11th, Market to Filbert, which is the exact site where this casino is supposed to be located, to prevent any possibility that it will be expanded into other areas of Center City or to Chinatown. Thank you.
Good afternoon. Please identify yourself for the record.
Good afternoon. I'm Ignatius Wang. It's not by design I'm the last one. I have already submitted a letter to Councilmembers hand-delivered last Thursday to your office. I'd like 290 11/1/08 - RULES - BILLS 080741 & 080742 to enter that letter into the record of this hearing. What I'd like to discuss at this point is really explore the possibility of giving the community and the City more time. This 40-day default approval period is scary, very scary, and that is why so many people are very emotional in this hearing. I'd like to ask the Committee and the Council to give the community and the City more time. We have a lot to celebrate in the coming days. Yesterday we had the biggest parade in the history of the City, and we are supposed to be celebrating more today and maybe next week. And we have Election Day coming next Tuesday. That is very, very important to the City and also to our nation and the world. And we have Thanksgiving coming. That is tradition of the country. And we have holidays coming for our religion and we also have a new year. And, of course, the best 291 11/1/08 - RULES - BILLS 080741 & 080742 celebration of all is next January the 20th when we have a new occupant in the White House. And we need to spend all that time to celebrate, and at the same time, the community and the City needs to have time to prepare, to examine, to explore, to look at this legislation that is before you today. So I would urge the Committee not to vote this legislation, these two, out of the Committee, and give the community, give the City, give everybody more time, and at the same time, we can enjoy our lives and celebrate the victory that we had for the championship. (Applause.)
Thank you. Thank you very much. Thank you. Our next panel? MR. McPHERSON: Our next witness is Joe Eastman. And I'd like to announce that a Michael Wakely had to leave. He left his testimony, and that will be made part of the record. 292 11/1/08 - RULES - BILLS 080741 & 080742
Mr. Eastman, I see that your testimony is rather lengthy.
We will give a copy of your testimony to the stenographer. It will transcribed in full. So if you can abbreviate your testimony, I'd appreciate it. Thank you.
Good afternoon. My name is Joe Eastman and I'm here today speaking only for myself, and the views expressed here are mine and mine alone and are not a reflection of or associated with any Chinatown community organization to which I belong. In the interest of full 293 11/1/08 - RULES - BILLS 080741 & 080742 disclosure, I'll say right from the beginning that I, as many speaking here today, am not a resident of Chinatown, but I believe my service to the Chinatown community over the last several years, including being a founding member and elective officer of Chinatown Watch, a volunteer after-school program reading coach and tutor to many of our wonderful Chinatown children, an ESL and Citizenship teacher and tutor to many Chinatown community members with the Center for Literacy, and a volunteer assisting our Chinese seniors at the Asian Resource Center at Coffee Cup, allows me to speak to this issue with some sensitivity, understanding and compassion. I also continue to serve as a mentor for many Chinese high school and college students. I won't go into that. What I will say is, you don't have to be a member of the Chinatown community or even Asian to have a love of and affection for or a commitment to this 294 11/1/08 - RULES - BILLS 080741 & 080742 great community. I support this legislation, not because a positive endorsement indicates support for the potential resiting of a casino to the Gallery, but because I truly believe supporting this legislation will begin the process, the process that I have heard so much about over the past several weeks, a process that I believe is the glue that ties this whole discussion together, a process that I believe must begin so that the Chinatown community can get the much-needed information many, many, many of Chinatown's community members seek. I think what is right, in my opinion, is to begin a process. Let me say that again, to begin a process that assumes reasonable people are best served when they were presented with information, however favorable or unfavorable, that allows them to make an informed decision that is in the best interest of themselves and their 295 11/1/08 - RULES - BILLS 080741 & 080742 families. To my understanding, none of that information has been presented for a variety of reasons, either from Foxwoods, and we have nothing to rebut or support what we have read in the paper or rebut or support even those who are opposed. Again, the process that Councilman DiCicco is fighting for and most concerned about is the glue that ties all this together, in my mind, and allows this process of information-gathering and community education to begin. I also support this legislation for other reasons as well. If you're going to talk about the problems of this legislation, you darn well better be talking about any potential benefits as well. I can summarize here. I know of no economic development strategy or job development strategy or any investment dollars coming into Chinatown. If anyone knows about 296 11/1/08 - RULES - BILLS 080741 & 080742 that, it's a select few. What I do know is this: Chinatown is in dire need of vast infrastructure and greening improvements. The underground fire that occurred on 10th Street this past summer proved that. It appears there is still 1960s infrastructure trying to support 21st century technology. (Bell rung.)
If the end result of this legislation, whatever that is, provides for an open process that can assure proper safeguards -- let me say that again -- that can assure proper safeguards to address the myriads of very real concerns of the Chinatown community and can provide the eventual capital flow and investment dollars to Chinatown that can prove or that can and will support social programs, security and infrastructure upgrades and be proved to possibly improve the quality of life to Chinatown community members, which I believe it can with these proper 297 11/1/08 - RULES - BILLS 080741 & 080742 safeguards in place, that an open and transparent process will provide, then I support it. I know that stretches the limits and merits of this legislation, but one should not be penalized for dreaming. And that's all I'll say. Thank you.
Thank you. Thank you very much. MR. McPHERSON: The last witness that I have is Paul Weeks. (Witness approached witness table.)
Good afternoon. Welcome. Please identify yourself for the record.
My name is George Yip. I'm the owner of East Asian Noodle Company on 11th Street. I'm the noodle man, fortune cookie man and everything. Okay? Now, before I oppose the casino, I'd like to give you a few points 298 11/1/08 - RULES - BILLS 080741 & 080742 on my delivery, what type of problem I'm having now. I'm not opposing the Convention Center. That's wonderful. But ever since the Convention Center been built, I can't even get my delivery of tractor and trailer. When I got people working, 9 I'm paying taxes to the City and 10 everything, it should be able that I 11 could do business. 12 Every time I park a tractor and 13 trailer, 55 footer there, try to unload 14 the flour, whenever they got a 15 convention, they won't let me unload. 16 The cops say, Keep moving. So to solve 17 the problem, you know what I had to do to 18 get along with everybody? I pay extra for the tractor and the trailer to come at 6:00 in the morning to give me the delivery. That extra money, I got to pay overtime for the drivers and everything like that. Now, I'll tell you another thing that's wonderful, too. When you 299 11/1/08 - RULES - BILLS 080741 & 080742 talk about a convention going on, you got the best protection you ever have in Chinatown. The Convention Center does a very wonderful job of protection all around here, all the way to Vine Street. And they got those people going to the convention, when they eat, they go into a restaurant, you got security on 10th Street and everything. That's wonderful. But when you don't have a convention, you can't even find the walking people in Chinatown, and that's true. So that's what I'm trying to tell you now. I'm having a problem with getting deliveries. There's wholesalers that want to make delivery in Chinatown. They can't do it in the daytime. They got to do it after 6 o'clock, give the supplies to their restaurant. Now, that's all I'm going to say. I'm not going to tie up your time. When you talk about the casino, I really oppose it, and I think all of Chinatown, 300 11/1/08 - RULES - BILLS 080741 & 080742 everybody opposes it. And whoever want to approve the casino, like the last speaker up here, he could have it. So I thank you very much, and I appreciate you and City Council for trying to help us out in Chinatown. Thank you.
My name is Jim Schneller. I'm with the Southeastern Pennsylvania Citizens Against Gambling. If I could just have 30 seconds of the Council's time. I have new facts. I can eliminate all repetition facts.
I don't think the Committee is in favor. If you have written testimony, we will certainly accept it, make it part of the record. Do you have written testimony? 301 11/1/08 - RULES - BILLS 080741 & 080742
No, I do not, but I have need to prepare some in the next 48 hours?
You could submit it to my office and we'll make certain that all Councilmembers receive a copy of it. Thank you.
Okay. This concludes -- I believe that's the end of our list. Do you have written testimony? UNIDENTIFIED SPEAKER: I don't have written testimony, no. I just found out about this meeting two days ago, so I didn't get a chance. I was in the hospital.
All right. As I suggested to the other gentleman, if you would submit your comments to my office, I will make certain that all of the members receive a copy of it. 302 11/1/08 - RULES - BILLS 080741 & 080742 UNIDENTIFIED SPEAKER: I thought when you had these meetings, people are supposed to be heard if they couldn't make an appointment for this.
Well, that's why we had an existing list of witnesses. UNIDENTIFIED SPEAKER: No. 10 Nobody told me the disabled community this was going on. And you talk about transportation to come down to Center City, a lot of us depend on that. A lot of us also depend on the Gallery as a place for socializing. A lot of us have (unintelligible) around the Gallery because it makes -- it is more accessible. So what am I supposed to do? We come here for no reason? COUNCILMAN DiCICCO: Madam President, I want to thank everyone for coming today and appreciate your testimony, but just a couple of brief remarks. 303 11/1/08 - RULES - BILLS 080741 & 080742 Much of today's testimony spoke to the issue of the ills of gaming. I know I've said this repeatedly for the last three years, probably said it a few times again this morning, and it's probably worth repeating. Let's assume for a minute that I agree with all of your comments and concerns about the ills of gaming and what it does to families and the impact that it may have on surrounding communities and businesses. We are not the body that you need to make that argument to. That argument should have been made -- and if you want, you can continue to make it -- to the state legislators, who gave us gaming in the first place. We have no authority over the legalization of gaming in the Commonwealth of Pennsylvania, nor do we have any legal authority on the legalization of gaming in the City of Philadelphia. That's not a cop-out. That is a reality. I also know that many people 304 11/1/08 - RULES - BILLS 080741 & 080742 have been hearing from others who claim that what I am saying now, what we have been saying in the past is not accurate, that we in City Council can prevent gaming from coming to our city. I respectfully, again, disagree with them. Interestingly, none of those folks have ever presented a plan for how we would prevent gaming from happening in Philadelphia. But for the fact that we do fight to keep it out of certain neighborhoods, to date we have been successful in some of those instances, but at the end of the day, if the Gallery site, once we get through this long process, which will take several months at the very least, should either the Planning Commission or City Council or the Foxwoods folks decide that the Gallery is not the site where a slot parlor or slot casino will work, then it's back to the two sites on the Delaware River, and that's where they will be built, unless you folks and 305 11/1/08 - RULES - BILLS 080741 & 080742 others can get up to Harrisburg and convince the State Legislature to amend Act 71 and remove Philadelphia from that Act. I doubt that that will happen, but you're certainly welcome to do that. You have every right to do that. So I just wanted to make that perfectly clear for the record. Although much, if not probably 90 percent, of the testimony today had to do with the ills of gaming, that this is not the legislative body to make that argument. (Audience members yelling.)
This concludes our witness list and public hearing. We will now go into our public meeting, and the Chair recognizes Councilman DiCicco -- COUNCILMAN DiCICCO: Thank you, Madam Chair.
-- regarding a motion on Bill No. 080741. COUNCILMAN DiCICCO: Thank you, Madam Chair. I move that Bill No. 080741 306 11/1/08 - RULES - BILLS 080741 & 080742 be reported out of this committee with a favorable recommendation. (Duly seconded.)
It has been moved and seconded that Bill 7 No -- COUNCILMAN DiCICCO: With a favorable recommendation and that the rules of Council be -- I apologize. I move that Bill No. 080741 be reported out this committee with a favorable recommendation and that the rules of Council be suspended so as to permit first reading at our next session of City Council. (Duly seconded.)
It has been moved and seconded that Bill No. 20 080741 be reported out of Committee with a favorable recommendation; further, that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will indicate by 307 11/1/08 - RULES - BILLS 080741 & 080742 saying aye. (Aye.)
The ayes have it and the motion carries. (Audience members yelling.)
The Chair now recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move that Bill No. 14 080742 be reported out of this committee with a favorable recommendation and that the rules of Council be suspended so as to permit first reading at our next session of City Council. (Duly seconded.)
It has been moved and seconded that Bill No. 22 080742 be reported out of Committee with a favorable recommendation; further, that the rules of Council be suspended so as to permit first reading at our next 308 11/1/08 - RULES - BILLS 080741 & 080742 session of Council. All in favor will say aye. (Aye.)
The ayes have it. The motion carries. And this concludes our hearing and meeting. (Committee on Rules adjourned at 3:00 p.m.) - - - 309 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on November 1, 2008, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)