civus

Committee Hearing, June 7, 2011

Minutes from Philadelphia City Council Committee Hearings, Jun 7, 2011

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Councilman Kenney

Any10 questions for this witness?11 Councilman.12 COUNCILMAN DiCICCO: Thank you,13 Mr. Chairman.14 Just for the record, I'm not15 certain if that sign is visible to the16 residents on Front Street from their17 bedroom windows any longer because18 since -- and I don't know if that shows19 it or not, but there is now a sound20 barrier that has been placed all along21 95. And I think -- I could be wrong, but22 I believe it also acts as a visual in23 addition to a sound barrier to the folks24 who live on Front Street.25 362 6.07.11 - RULES - BILL 1103061 Reference was made about2 Pennsport. I did get an e-mail -- I'm3 not certain if my colleagues got one --4 yesterday from Tom Otto representing the5 Pennsport Civic Association being in6 opposition.7 Mr. Otto is no longer the8 President of Pennsport. I received a9 phone call from the new president of10 Pennsport, Dr. James Moylan, who11 indicated to me that Pennsport was not in12 opposition to the sign, and they will13 work with the owner of the sign, as a14 result of the some of my conversations,15 to create a community benefits agreement16 for some investment back into that17 community.18 And I believe Mr. Patterson,19 who's representing the applicant, will20 speak to that as well.21

Councilman Kenney

Any other22 questions for this witness?23 (No questions.)24

Councilman Kenney

Seeing25 363 6.07.11 - RULES - BILL 1103061 none, Mr. Patterson, please identify2 yourself for the record.3

Mr. Patterson

Thank you.4 Good afternoon. Ronald Patterson,5 attorney with the Klehr Harrison law6 firm. I do represent the owner of this7 property, which is 1700 Columbus8 Associates, which also owns the property9 on which the gentlemen's club is located,10 but that entity does not operate the11 club.12 The property is located west of13 I-95, on Water Street, and it is right14 behind Target.15 My version of the story16 naturally is different. We're basically17 here to correct what I see as --18 COUNCILMAN DiCICCO: Excuse me,19 Mr. Patterson. That's east of 95.20

Mr. Patterson

East of 95,21 sorry.22 COUNCILMAN DiCICCO: Okay.23

Mr. Patterson

95 is west of24 that.25 364 6.07.11 - RULES - BILL 1103061 COUNCILMAN DiCICCO: That's2 right.3

Mr. Patterson

I see this as a4 way to correct a wrong. 6 It was originally approved as7 an accessory sign at 20-feet-by-50-feet,8 2,000 square feet, an area of 1,0009 square feet each side. 14 This property fronts on three15 streets: Water Street, Moore Street, and16 Swanson Street. 20 So the sign is there, it's not21 moving. 23 It all comes down, frankly, to24 what the copy is today. 11 - RULES - BILL 1103061 an exhibit package. 7 In 2005, I obtained a zoning8 permit for this sign, for an accessory9 sign. At the time, there was a retail10 mattress store onsite and a private11 parking lot. 11 - RULES - BILL 1103061 Zoning Board to convert that to a2 non-accessory sign, to be able to3 advertise uses that are not on that4 property. Mainly, one of the uses was to5 advertise and to locate the nightclub6 across the street. 9 So we applied in 2008 to10 convert the sign to non-accessory. We11 had a hearing before the Zoning Board of12 Adjustment. 14 SCRUB appealed the variance to15 the Court of Common Pleas. Common Pleas16 agreed with us again. 19 So, in 2010, which is my20 Exhibit 6, L&I issued a letter revoking21 the zoning permit. 14 So you would think following15 the rules that L&I said, Okay, if you --16 you will get an accessory sign for17 whatever uses are on that site. So my18 Exhibit is my application to L&I, which19 I was told bluntly, Well, we're not going20 to approve that because we don't believe21 that they're legitimate offices. You can22 go there and check. "2 Go back to the Zoning Board. 4 So the bottom line is, I'm5 entitled to a sign there. I tried it for6 non-accessory, to comply with what we7 were told to do in order to advertise8 certain uses. It was overturned. I was9 told I could have accessory. 14 So we tried to follow the15 rules, the rules kept changing. 5 The bottom line is, the sign6 exists, there's no added blight. 10 So you may hear that the11 sign -- you did hear that it is12 noncompliant. 15 Approving this bill will allow16 a copy change on an existing structure17 that will have no adverse impact on18 anything or anybody. 21 I've also heard mentioned that22 it's spot zoning, and I heard23 Mr. McElhatton mention spot zoning24 earlier. 11 This ordinance would allow a12 relaxation of the code to allow an13 adaptive or a reuse or a better use or an14 additional use of the existing structure15 that is there. 17

Councilman Goode

Councilman18 Goode.19

Councilman Goode

Thank you,20 Mr. Chairman.21 Good afternoon, Mr. Patterson.22

Mr. Patterson

Good afternoon.23

Councilman Goode

How long24 have you been dealing with this issue?25 371 6.07.11 - RULES - BILL 1103061

Mr. Patterson

How long have I2 been dealing with this issue?3

Councilman Goode

Mm-hmm.4

Mr. Patterson

Well, we5 started in 2005.6

Councilman Goode

And so, what7 were you trying to accomplish then?8

Mr. Patterson

We were trying9 to accomplish that we could have a sign10 on the property, that we could identify11 the uses that were on the property?12

Councilman Goode

And so, what13 sign did you want to put up in 2005?14

Mr. Patterson

We were -- we15 wanted to put up whatever was on the16 property, which was parking. That was17 all that was there, parking.18

Councilman Goode

So --19

Mr. Patterson

We were hoping20 we could say parking for the club across21 the street, but we were told because it22 was across the street, we could not add23 that --24

Councilman Goode

So the sign25 372 6.07.11 - RULES - BILL 1103061 that you actually wanted to put up was a2 parking sign.3

Mr. Patterson

Correct.4

Councilman Goode

And that's5 the sign that you put up.6

Mr. Patterson

That's what we7 put up, correct.8

Councilman Goode

And then you9 changed the sign.10

Mr. Patterson

Then we applied11 for a variance to allow for copy on the12 sign that was not located on the13 property.14

Councilman Goode

And that was15 no longer legal.16

Mr. Patterson

But we received17 a variance. And, as I mentioned, it was18 revoked in 2010.19 And you're -- now, you may say20 it's illegal.21

Councilman Goode

No, I asked22 a question.23

Mr. Patterson

Pardon me?24

Councilman Goode

I simply25 373 6.07.11 - RULES - BILL 1103061 asked a question.2

Mr. Patterson

Could you3 restate the question, then?4

Councilman Goode

I said: So5 it wasn't legal for you to put that sign6 up?7

Mr. Patterson

Was it legal to8 put that sign up?9

Councilman Goode

No, it was10 legal for you to put the parking sign up11 --12

Mr. Patterson

Correct.13

Councilman Goode

-- as an14 accessory sign --15

Mr. Patterson

Correct.16

Councilman Goode

-- because17 it's related --18

Mr. Patterson

Correct.19

Councilman Goode

-- the use20 of the building.21

Mr. Patterson

Right.22

Councilman Goode

You then23 changed your sign.24

Mr. Patterson

Right, after we25 374 6.07.11 - RULES - BILL 1103061 received the variance.2

Councilman Goode

And then you3 were told it was illegal.4

Mr. Patterson

Told it was5 illegal?6

Councilman Goode

Yeah.7

Mr. Patterson

In 2010,8 correct.9

Councilman Goode

You were10 told it was illegal, so is it illegal11 now?12

Mr. Patterson

Well, that's13 the question. L&I claims it's illegal,14 but they say, Follow this procedure.15 You're allowed an accessory sign.16 So I have a zoning permit for17 an office use that has those uses18 there -- the Club Risqué office and the19 David's Auto office.20

Councilman Goode

So --21

Mr. Patterson

And when I22 planned for the accessory sign, I was23 told they're not going to give it to me.24

Councilman Goode

So do you25 375 6.07.11 - RULES - BILL 1103061 still have parking there?2

Mr. Patterson

We still have3 parking there.4

Councilman Goode

Do you need5 to advertise parking there?6

Mr. Patterson

If we want to.7

Councilman Goode

All right.8 Well, why did you need to advertise9 parking in 2005?10

Mr. Patterson

'Cause it was a11 parking lot.12

Councilman Goode

It was a13 paid parking lot?14

Mr. Patterson

No. It was15 private and it was free.16

Councilman Goode

So why do17 you need to advertise parking there?18

Mr. Patterson

Why don't I19 advertise it now?20

Councilman Goode

Why did you21 need to advertise parking in 2005?22

Mr. Patterson

So people could23 park and -- and attend the businesses in24 the area.25 376 6.07.11 - RULES - BILL 1103061

Councilman Goode

Do you2 advertise parking there now?3

Mr. Patterson

No, I don't.4

Councilman Goode

Why not?5

Mr. Patterson

I don't know.6 I think it's well known that there's7 parking there.8 (Indiscernible; parties talking9 over each other.)10

Councilman Goode

So you don't11 advertise parking for the businesses in12 the area anymore?13

Mr. Patterson

Not at this14 point, no. I advertise -- what's on15 there is a sign identifying what uses are16 on the property right now.17

Councilman Goode

And the uses18 for the property are...?19

Mr. Patterson

Well, there's a20 daycare, which is not on the sign.21 There's a corporate office for Club22 Risqué and a corporate office for David23 Auto.24

Councilman Goode

Okay.25 377 6.07.11 - RULES - BILL 1103061

Mr. Patterson

And that's the2 copy that's on -- that's what's on the3 signs right now.4

Councilman Goode

So the sign5 says what? Does it list the corporate6 offices on the sign?7

Mr. Patterson

Yes. It has8 the address on it. Yes, it does.9

Councilman Goode

Of the10 corporate offices?11

Mr. Patterson

Correct.12

Councilman Goode

Does it list13 other places?14

Mr. Patterson

It lists the15 other locations, yes.16

Councilman Goode

Okay. So17 the sign is noncompliant in terms of18 being an accessory sign.19

Mr. Patterson

Well, I'm not20 going to agree because --21

Councilman Goode

You don't22 have to agree; I'm just asking what the23 law is.24

Mr. Patterson

Yeah. I mean,25 378 6.07.11 - RULES - BILL 1103061 technically, we don't have a permit for2 it, correct. I've applied for it and I3 do not have a permit.4

Councilman Goode

So if you do5 not have a permit for it, it's illegal6 for you to have that sign there?7

Mr. Patterson

I'm sorry?8

Councilman Goode

If you don't9 have a permit for it, it's illegal for10 you to have that sign there.11

Mr. Patterson

Correct.12

Councilman Goode

Okay, thank13 you.14

Councilman Kenney

Any other15 questions for Mr. Patterson?16 (No further questions.)17

Councilman Kenney

Seeing18 none.19 (Ms. Tracy comes forward.)20

Ms. Tracy

Mr. Chairman, if I21 may say a few words on this.22

Councilman Kenney

Sure.23

Ms. Tracy

My name is Mary24 Tracy. I'm the Executive Director of25 379 6.07.11 - RULES - BILL 1103061 SCRUB, and I actually go back to the very2 early history, and I wanted to make a few3 clarifications.4 Prior to 2005, Mr. Begano, the5 owner of Risqué Video had applied --6

Mr. Patterson

That's not7 true, and I want to object to that.8

Councilman Kenney

Wait, wait,9 hold on. Here's --10

Ms. Tracy

Well --11

Councilman Kenney

First of12 all, first of all, first of all, first of13 all, this is not going to be a debate;14 it's a hearing with testimony. There's15 no debate.16

Ms. Tracy

Thank you.17

Councilman Kenney

So whatever18 you have to say, please say. Whatever19 you have to respond to, please respond20 to. And then we'll go on our merry way.21

Mr. Patterson

Thank you.22

Ms. Tracy

So, as I was23 saying, Mr. Begano, who, the neighbors24 all told me, had owned Risqué, applied25 380 6.07.11 - RULES - BILL 1103061 for a variance with Mr. Schwartz, which2 was the attorney at that time.3 (Addressing Mr. Patterson.) So4 you may not know, you know, what that5 part of the history was.6

Councilman Kenney

Please.7

Councilman Kenney

I'm going9 to ask again --10

Ms. Tracy

Gotcha.11

Councilman Kenney

This is a12 hearing.13

Councilman Kenney

It's not a15 debate.16

Ms. Tracy

So prior to 2005 --17

Councilman Kenney

Talk to us;18 you don't need to talk to him.19

Ms. Tracy

Okay. There was an20 application for a variance on that21 property. The neighborhoods were22 strongly opposed. They came to us and23 ask asked for help.24

Mr. Patterson

What year was25 381 6.07.11 - RULES - BILL 1103061 that?2

Councilman Kenney

I'm --3

Ms. Tracy

I think in --4 (Indiscernible; parties talking5 over each other.)6

Councilman Kenney

I mean,7 we're adults here. How many times do I8 have to ask people not to speak out.9 Just give us your testimony, she'll take10 it down --11

Councilman Kenney

It will be13 a part of the record.14

Ms. Tracy

-- that was about15 2003, 2004, somewhere around there.16

Councilman Kenney

Hold on for17 a second.18

Ms. Tracy

But at the end of19 the day, they withdrew that application20 for a variance because of the21 neighborhood opposition.22 About a year later, they went23 and got an over-the-counter permit for an24 accessory sign. And we've learned why25 382 6.07.11 - RULES - BILL 1103061 get an over-the-counter: Because they2 faced -- and how much excessive square3 footage that they were allowed.4 And their whole intention of5 putting up that accessory sign was to6 really turn it into a non-accessory sign.7 They were cited by L&I, and L&I watched8 them very carefully, because they said9 all you can do is put parking on there.10 About a year later -- I guess11 that would have been in 2008 -- they12 applied for a variance to turn that13 accessory sign to a non-accessory sign.14 And the Zoning Board denied it. The15 Zoning Board denied it.16 And when they said, Well, it's17 an accessory sign, the sign's already18 there, why don't we just put the message19 on that if we want, the Zoning Board20 warned that this was really a backdoor21 way to get a non-accessory sign.22 They had -- they knew the23 community didn't want it, they knew they24 were in opposition. It was across from a25 383 6.07.11 - RULES - BILL 1103061 playground, it was across from people's2 homes, it was too close to other existing3 billboards, it was higher than was4 allowed. All these reasons means they5 needed a variance, and they were denied6 it.7 And then they went to the8 Common Pleas Court, and the Common Pleas9 Court, since no one from the Law10 Department showed up to defend the11 decision, which happens not irregularly12 these days, then the Common Pleas Court13 gave it to them.14 Then the City realized, because15 the neighborhood groups were in an16 uproar -- they said, What are you running17 here? We don't want this sign. It's18 across from our homes, our playgrounds,19 our community.20 This guy has been trying every21 which way to get this sign up here, and22 it's unfair, it's unjust, and we'd like23 to see the law defended. And so, the Law24 Department defended that law, and they25 384 6.07.11 - RULES - BILL 1103061 won at the Commonwealth Court.2 Since that winning, the -- L&I3 has been citing them for the illegal use4 of this sign and their continuing5 disregard.6 When they get the citations7 now, they scratch their head. What can8 we do now? Okay, I know. Let's put a9 trailer up there, and we'll put a little10 sign on there and say "Risqué Video11 Office" and whatever the car company12 office is.13 Well, I'm telling you, if this14 City Council Rules Committee passes this15 particular ordinance, I have some16 swampland to sell you, because you are17 turning your face on the law of the land.18 The law of the land of the City19 of Philadelphia, they did not pass the20 test, and now we have as spotty a zoning21 as you possibly can --22

Mr. Patterson

We applied for23 and were granted a variance, Mary.24

Ms. Tracy

The Zoning Board25 385 6.07.11 - RULES - BILL 1103061 did not grant you a variance.2 (Indiscernible; parties talking3 over each other.)4

Councilman Kenney

All right,5 all right. Folks, folks, I'm giving you6 a lot of leeway with your assertions7 allegations, and I'm not stopping you. I8 mean, I'm not doing any of this stuff9 because you're getting there.10 I'm just curious as to how --11 you said L&I watched them very carefully?12

Ms. Tracy

Yeah, because --13

Councilman Kenney

Now, answer14 my question: How do I get L&I to watch15 everything else?16 (Laughter.)17

Ms. Tracy

I know. Well --18 (Indiscernible; parties talking19 over each other.)20

Councilman Kenney

I've got a21 whole bunch of stuff they should watch22 really carefully, and why they're23 watching billboards --24

Ms. Tracy

Because the25 386 6.07.11 - RULES - BILL 1103061 community --2

Councilman Kenney

-- when I3 can't get --4

Ms. Tracy

Because the5 community reports it, and they go in and6 they see.7

Councilman Kenney

When I8 can't get them to pay attention to a9 nuisance business and do something about10 that, but they're out there in what,11 undercover, looking at billboards?12

Ms. Tracy

I don't think13 undercover. I mean, these things are14 very --15

Councilman Kenney

I mean, I16 understand. I'm just curious as to how17 L&I became so intense on billboards.18

Ms. Tracy

Because the19 community was outraged. And --20

Councilman Kenney

They're21 also outraged about a bunch of nuisances,22 and I should be asking the Commissioner23 --24

Ms. Tracy

Well, then I should25 387 6.07.11 - RULES - BILL 1103061 think you should be able to do a better2 job of --3

Councilman Kenney

I should be4 asking the Commissioner this. I try all5 the time. I bang my head against that6 wall, but it doesn't seem to work. But I7 would -- if you can give me some insight8 as to how I can get them to pay attention9 to --10

Mr. Thornton

Well, Councilman11 --12

Councilman Kenney

-- some13 really serious stuff, I'll be happy to14 take your testimony.15

Ms. Tracy

I'd be glad to work16 with you on that issue because I think17 it's one across the City that we all18 share.19

Councilman Kenney

Okay.20

Ms. Tracy

We may not share21 our view of billboards, but I think we22 share our frustration with the lack of23 enforcement in the City.24

Councilman Kenney

Absolutely.25 388 6.07.11 - RULES - BILL 1103061

Ms. Tracy

I would totally2 agree with you on that.3

Councilman Kenney

Are you4 concluded or...5

Ms. Tracy

I am concluded.6

Councilman Kenney

Okay.7

Ms. Tracy

Thank you.8

Councilman Kenney

Councilman9 DiCicco.10 COUNCILMAN DiCICCO: People11 were talking over each other, and you12 were making reference to if this City13 Council were to approve this, this Rules14 Committee, and then you -- this was15 something against -- could you --16

Ms. Tracy

Oh, you know, did17 anybody get the tape on that? I forget18 what I said --19 COUNCILMAN DiCICCO: Spot20 zoning or --21

Ms. Tracy

-- because it comes22 out from the heart. But I think I said,23 you know, for City Council to approve24 this spot zoning legislation, which25 389 6.07.11 - RULES - BILL 1103061 basically singles out one property owner2 who has skirted the law, has gone around3 and around to try to get a billboard and4 now wants to make it digital, when it's5 right across the street, and our laws say6 you can't have digital signs within, I7 don't know, 400 feet of residential8 property, not to mention that you can't9 have outdoor advertising within 660 feet10 of a school or a daycare center, and this11 is basically, you know, out the back door12 of one.13 I mean, there are so many14 instances that this totally flies in the15 face of the laws that we have on outdoor16 advertising. And so to come in here with17 an ordinance that lets Mr. Begano not18 have to comply with the laws that19 everybody else has to comply with is an20 outrage. To pass that bill is an21 outrage.22 COUNCILMAN DiCICCO: You know,23 I was really hesitating on getting back24 into history. Do you not think it was an25 390 6.07.11 - RULES - BILL 1103061 outrage when your organization accepted a2 half a million dollars from a sign3 company, with the understanding that you4 would withdraw your appeals at the5 Commonwealth Court level? Do you not6 think that that was inappropriate?7

Ms. Tracy

Well, I think, you8 know, in retrospect, maybe it was --9 COUNCILMAN DiCICCO: But a half10 a million dollars --11

Ms. Tracy

-- maybe it wasn't.12 COUNCILMAN DiCICCO: -- to your13 office and your --14

Ms. Tracy

You know, I would15 say, Mr. DiCicco, that at that moment,16 there were about ten cases, and we17 weren't sure if we were going to win or18 not.19 COUNCILMAN DiCICCO: Oh,20 really?21

Ms. Tracy

We litigated many22 more of that same company's, and we won.23 And we -- actually, it was at the Common24 Pleas Court and it hadn't gone to the25 391 6.07.11 - RULES - BILL 1103061 next level --2 COUNCILMAN DiCICCO: The3 Supreme Court.4

Ms. Tracy

-- and so, the5 Common Pleas Court --6 (Indiscernible; parties talking7 over each other.)8

Ms. Tracy

-- they withdrew.9 So, I mean, I think if you want to go10 back twelve years, you can go.11 COUNCILMAN DiCICCO: I --12

Ms. Tracy

We all make13 mistakes, including you.14 COUNCILMAN DiCICCO: I never15 said I didn't.16

Ms. Tracy

So I think,17 though -- I am not a public official; you18 are.19 COUNCILMAN DiCICCO: I am.20

Ms. Tracy

I'm not an elected21 official; you are.22 COUNCILMAN DiCICCO: And I get23 to make decisions --24

Ms. Tracy

And we expect25 392 6.07.11 - RULES - BILL 1103061 you -- to comply with the same rules that2 you put down on the --3 COUNCILMAN DiCICCO: If I took4 a half a million dollars from a company5 or an individual --6

Ms. Tracy

I didn't take any7 money.8 COUNCILMAN DiCICCO: Your9 organization did, with the understanding10 that you would not appeal those cases11 that involved the billboards in the12 Stadium District.13 If I would have done that --14 and I'll repeat what I said then because15 it was probably a couple weeks after Joey16 Merlino was sent to prison -- you would17 have been sending me cookies in prison.18 And I would have been in jail because I19 am a public official and I'm held to a20 different standard.21

Ms. Tracy

And you should be.22 COUNCILMAN DiCICCO: Well, I23 didn't take a bribe; you did.24

Ms. Tracy

And wait a minute.25 393 6.07.11 - RULES - BILL 1103061 Didn't I just hear that there's going to2 be a special agreement between Pennsport3 now? If they don't fight this --4 COUNCILMAN DiCICCO: No.5

Ms. Tracy

They're going to6 sign some agreement, whether they're7 going to get T-shirts or trees. What are8 they going to get?9 COUNCILMAN DiCICCO: Trees10 would be good, T-shirts would be good,11 money for the little leagues; that would12 be a great thing.13

Ms. Tracy

So --14 COUNCILMAN DiCICCO: It doesn't15 go to an individual.16

Ms. Tracy

It didn't go to an17 individual.18 COUNCILMAN DiCICCO: No, it19 went to your organization.20

Councilman Kenney

All right.21

Mr. Patterson

I would like22 to --23

Councilman Kenney

Could we24 wrap up?25 394 6.07.11 - RULES - BILL 1103061

Mr. Patterson

Yeah. I just2 want to include that it's not been my3 intention to skirt the law. I've been4 trying to play within the rules, and5 every time I get to the next step, the6 rules change.7 So I don't know what to do at8 this point.9

Councilman Kenney

Thank you10 very much.11

Mr. Patterson

Thank you.12

Councilman Kenney

Anyone else13 to testify on this bill? Hope not.14 (No response.)15

Councilman Kenney

We're on16 billboards now.17 The next bill is Bill No.18 100678, which is an ordinance amending19 Title of the Philadelphia Code,20 entitled "Zoning and Planning," by adding21 a new Section 14-1642, entitled "I-9522 Condemnation Corridor," to permit the23 relocation of certain structures and24 devices in connection with the PennDOT25 395 6.7.11 - RULES - BILL 1006781 Project to widen portions of I-95 that2 pass through the City, under certain3 terms and conditions.4 Mr. Jastrzab.5 (Witness comes forward.)6

Councilman Kenney

We'll let7 the Administration testify first, please.8 Gary, please identify yourself9 for the record and plead.10

Mr. Jastrzab

Good afternoon.11 I'm Gary Jastrzab. I'm --12

Councilman Kenney

Hold on.13 Could we limit the amount of extraneous14 conversation, please.15

Mr. Jastrzab

Good afternoon.16

Councilman Kenney

Good17 afternoon.18

Mr. Jastrzab

I'm Gary19 Jastrzab. I am the Executive Director of20 the City Planning Commission.21

Councilman Kenney

Gary, speak22 up.23

Mr. Jastrzab

Thanks for the24 opportunity to testify on Bill No.25 396 6.7.11 - RULES - BILL 1006781 100678. The bill was introduced by2 Councilman DiCicco with regard to the3 Pennsylvania Department of4 Transportation's current improvement5 project on Interstate 95 in the City,6 which will result in PennDOT acquiring7 property on either side of the highway by8 eminent domain in order to widen the9 roadway.10 The bill addresses the11 relocation of certain billboards and12 other businesses in the area of13 condemnation along the highway.14 Billboards located along the right-of-way15 of federal highways such as I-95 are16 subject to the federal Highway17 Beautification Act, which is implemented18 in Pennsylvania by PennDOT through the19 Pennsylvania Outdoor Advertising Control20 Act of 1971.21 Under this statute, PennDOT22 regulates billboards along these highways23 in residential zones, although it has24 conferred regulatory jurisdiction to the25 397 6.7.11 - RULES - BILL 1006781 City for commercial and industrial zones2 along these federal highways.3 Both the City Planning4 Commission staff and PennDOT raised5 concerns about the bill in its original6 form with regard to some of the project7 sites where the relocation of billboards8 would be allowed, spacing requirements,9 and whether this could jeopardize10 compliance with State law.11 As a result, we understand that12 an amendment to this bill has been13 drafted that addresses many of these14 concerns, and I have a copy of those15 amendments.16 The purpose of the amendment is17 to limit the areas available for the18 relocation of signs, require that they19 relocate to parcels that are zoned20 commercial or industrial only, and to21 further require that they meet other22 restrictions in the City's Zoning Code.23 It's important to note that24 this bill, with its proposed amendment,25 398 6.7.11 - RULES - BILL 1006781 does not permit any additional billboards2 in Philadelphia. In fact, there will be3 a reduction, as several signs that will4 be lost to this project -- expansion5 project will not be replaced.6 Under the bill in its proposed7 amendment, only currently lawful8 billboards may be relocated, and they may9 only be relocated to properties zoned10 commercial or industrial and within the11 corridor designated by the bill.12 In addition, they must remain13 spaced at 500 feet apart and may not be14 closer to any residential property than15 they are at present.16 Relocated billboards are also17 not allowed to become electronic18 variable-message signs, commonly known as19 digital signs.20 We understand that if this21 amendment is adopted, PennDOT will not22 oppose the bill. And, likewise, the23 staff recommendation to the City Planning24 Commission, at its June 14th meeting,25 399 6.7.11 - RULES - BILL 1006781 would be not to oppose the bill.2 Finally, there is one other3 amendment before the committee today4 which would revise the area of the5 corridor to remove a portion of it from6 Councilwoman Krajewski's district. This7 has been proposed at her request, and we8 support that amendment. And I have a9 copy of that amendment as well.10 That concludes my testimony.11 I'd be happy to answer any questions that12 you may have.13

Councilman Kenney

Any14 questions for this witness?15 (No questions.)16

Councilman Kenney

Seeing17 none, please identify yourself for the18 record.19

Mr. Kessler

Good afternoon,20 Mr. Chairman.21

Councilman Kenney

Good22 afternoon.23

Mr. Kessler

My name is Alan24 Kessler, and I am here with George25 400 6.7.11 - RULES - BILL 1006781 Kroculick from my office and Deputy2 Costa.3 And we know it's late, and4 you've heard a lot. In fact, after5 sitting through the last hearing, which6 dealt with a single sign, I can't wait to7 hear what we're going to hear with this8 hearing, where we have 60-some signs, but9 I'm sure it's ready to come.10 Typically, I've come to this11 Council in the past to address things12 that were initiated by a client. Today,13 we wouldn't be here but for a new14 initiative, which we had nothing to do15 with. It is literally the case of16 sitting there, doing your business,17 minding your own business, and finding18 out that things have changed a bit.19 In this instance, it's a great20 thing, and it's the widening of I-95.21 Unfortunately, to do that work, it is22 going to require that properties23 contiguous to 95 be acquired, and those24 are properties that currently contain25 401 6.7.11 - RULES - BILL 1006781 businesses and structures, including our2 billboards.3 And, by the way, when I say4 "our billboards," there are a number of5 companies here today. Mr. Chairman, if I6 can just ask them to please rise.7 We're here on behalf of CBS,8 but we have been working for CBS Outdoor9 Clear Channel, Steam, Keystone.10 Could you all rise.11 (Billboard reps stand up.)12

Mr. Kessler

Thank you very13 much, guys.14

Councilman Kenney

Thank you.15

Mr. Kessler

So the issue that16 we're dealing with is not one that we17 would have come here for, but for the18 fact that the road work is being done.19 If we are not permitted to move20 back -- and I stress move back when we21 first discussed this with Councilman22 DiCicco, who was good enough to introduce23 the bill. One of the things that he24 asked us to make sure was that these25 402 6.7.11 - RULES - BILL 1006781 structures would all actually be at the2 same distance or further back from3 residential properties than would4 currently exist. And we're doing that.5 And, I think, in almost ever instance --6 in fact, they will be further back from7 residences than would currently exist.8 These are signs that generate9 significant income and revenue through10 taxes and through other civic11 contributions to the City: Approximately12 a million dollars in taxes and13 approximately -- or close to $2 million14 in civic contributions.15 This proposal, as I think the16 Planning Commission mentioned, will not17 result in a single additional billboard18 beyond what exists now. And, in fact,19 because of -- there will be a reduction20 of at least 10 percent of the boards.21 And with the latest amendment offered in22 Councilwoman Krajewski's office, that23 will add another additional board.24 So, not more; less. And,25 403 6.7.11 - RULES - BILL 1006781 again, the theme here is, we didn't ask2 for this, we wouldn't be here. It's the3 widening of the road.4 And we very much appreciate5 your consideration on this request.6 I'm going to ask Mr. Kroculick7 to address some of more specifics of the8 proposed ordinance, but I would9 respectfully request at this time a10 suspension of the rules.11

Councilman Kenney

I have to12 make an announcement before that13 testimony.14 At the request of the Chair of15 the Public Health and Human Services16 Committee, Bills No. 100011 and 11034617 will be recessed until Monday, June 13th,18 at 10 a.m.19 So anyone who is here to20 testify regarding those two bills -- I21 think they're dealing with lead paint and22 wild raccoons -- will come back Monday,23 June 13th, at 10 a.m.24 Please proceed.25 404 6.7.11 - RULES - BILL 1006781

Mr. Kroculick

Mr. Chairman.2 My name is George J. Kroculick. I'm Alan3 Kessler's partner, at Duane Morris.4 And I just wanted to emphasize5 that something that -- and Gary's last6 name might be more difficult to pronounce7 even than mine and so, I'll just call him8 "Gary."9 One of the things that Gary10 pointed out and I'd like to highlight was11 that this was a collaborative effort12 between the City and PennDOT and the13 outdoor advertisers affected in this14 corridor.15 As Gary indicated, back in16 October, certain concerns were raised at.17 That point, we had already been working18 with PennDOT about our relocated --19

Councilman Kenney

I'm sorry.20 Excuse me, excuse me. I'm sorry.21 I'm going to ask, please, for22 everyone to take whatever private23 conversation -- hello, hello. Private24 conversators, can we go outside.25 405 6.7.11 - RULES - BILL 1006781 Thank you.2 Please continue with your3 testimony.4

Mr. Kroculick

Thank you,5 Mr. Chairman.6 We had already been working7 with PennDOT, Local District 6 about new8 locations, and I have two different sets9 of plans that I can provide to you that10 will show you that in all cases, we are11 moving back away from the highway; and,12 therefore, further away from residential,13 as Alan had indicated.14 And in almost all instances, we15 are moving onto the same piece of16 property. A large part of this is17 Conrail property. So we're moving back18 onto the same piece of property in almost19 all of the cases.20 And just to highlight one of21 the things Alan had indicated also, we22 are, in fact, losing about 20 percent of23 the total boards in this little corridor24 as a result of complying -- being in25 406 6.7.11 - RULES - BILL 1006781 compliance with the revised edition of2 the ordinance.3 And I think that's all I have4 to say.5

Councilman Kenney

Okay.6 Councilman Greenlee.7

Councilman Greenlee

Just real8 quickly, just to get it on the record,9 and I think this might have been said10 'cause there's a lot of things going on11 here right.12 Right now, all these are legal13 signs, correct? They're all legal signs,14 right?15

Mr. Kroculick

All of these16 are -- pursuant to the consent agreement17 between the City and the outdoor18 advertisers, they are legal structures,19 correct.20

Councilman Greenlee

Okay. I21 just wanted to make sure that was on --22 'cause that -- there's been some23 information going around differently. So24 I just wanted to make sure.25 407 6.7.11 - RULES - BILL 1006781 Okay, thank you.2