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Committee Hearing, June 6, 2005 (part 2)

Minutes from Philadelphia City Council Committee Hearings, Jun 6, 2005

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COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE OF THE WHOLE - - - Monday, June 6, 2005 3:45 p.m. - - - Room 400, City Hall Philadelphia, Pennsylvania - - - BILLS NO. 050504, 050525, 050526, 050527, 050528, 050529, 050530, 050531, 050532, 050533, 050534, 050535 - - - PRESENT: ANNA C. VERNA, Council President COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DAVID COHEN COUNCILMAN JACK KELLY COUNCILMAN JUAN F. RAMOS COUNCILMAN FRANK RIZZO COUNCILMAN FRANK DiCICCO COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN MICHAEL A. NUTTER COUNCILMAN DARRELL L. CLARKE COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN MARIAN B. TASCO - - - V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, PA 19103 (215) 561-2220 2 RESOLUTION NOS. 050525-050535 - 6/6/05

President Verna

Good afternoon. This is the Public Hearing of the Committee of the Whole. I would ask Mr. McPherson to please read the titles of the resolutions before us. Resolution 050525, a Resolution reappointing Ronald Rubin to the Board of Directors of the Center City District of Philadelphia; Resolution 050526, resolution reappointing Larry Howard to the Board of Directors of the Center City District of Philadelphia; Resolution 05027, reappointing Randall Scott to the Board of Directors of the Center City District of Philadelphia; Resolution 050528, reappointing Evelyn Smalls to the Board of Directors of the Center City District of Philadelphia; Resolution 050529, appointing Christophe Terlizzi to the Board of Directors of the Center City District of Philadelphia; Resolution 050530, appointing Edward D'Alba to the Board of Directors of the Center City District of Philadelphia; Resolution 050531, appointing Wayne Fisher to the Board of 3 RESOLUTION NOS. 050525-050535 - 6/6/05 Directors of the Center City District of Philadelphia; Resolution 050532, appointing Terry D'Alessandro to the Board of Directors of the Center City District of Philadelphia; Resolution No. 050533, reappointing Ernest Jones to the Board of Directors of the Center City District of Philadelphia; Resolution 9 050534, reappointing Valerie Ferguson to the Board of Directors of the Center City District of Philadelphia; and Resolution 050535, appointing John Gattuso to the Board of Directors of the Center City District of Philadelphia.

President Verna

Thank you. I see Mr. Levy is in the audience. Would you like to come up to testify, sir. And I would suggest those of you who are the appointees, if you would also come up, we would save a great deal of time. Mr. Levy, good afternoon. And, again, I apologize for the delay, but do thank you for your patience.

Mr. Paul R. Levy

Good afternoon, Madam President. Thank you very much for the 4 RESOLUTION NOS. 050525-050535 - 6/6/05 opportunity. Joe Zuritsky and I are both here, along with several of the new appointees. All of them were here, but were unable to stay. In the interest of time, I won't read my entire testimony, but I have it here as a copy. And we are simply seeking the support from City Council for the reappointment of existing members. And then I am pleased to say that Terry D'Alessandro was able to remain, Chris Terlizzi, and Ed D'Alba are still here. Wayne Fisher, Randall Scott, and John Gattuso were here, but had to leave. But all of the new appointees were able to come initially.

President Verna

Thank you. Are there questions from members of the committee? After all of that time waiting. Fine. I don't have any questions. I don't know if any of my colleagues do. But we certainly want to thank you for your patience in waiting, we do appreciate it. And we will be voting on this very shortly. 5 BILLS NO. 050504 - 6/6/05 Thank you very much.

Mr. Levy

Thank you for the opportunity and for your support. Thank you.

President Verna

All right. I would ask Mr. McPherson to please read the title of Bill No. 050504.

The Clerk

An Ordinance amending Chapter 19-3200 entitled "Keystone Opportunity Zone," by renaming said chapter "Keystone Opportunity Zone and Economic Development District," to provide for the contingent exemption, abatement or credit of certain taxes within the specified geographical area, under certain terms and conditions.

President Verna

Please identify yourself for the record.

Mr. Duane Bumb

Good afternoon, Madam Chair. My name is Duane Bumb, the Deputy Director of Commerce. With me this afternoon are Peter Longstreth and John Grady from PIDC. I am here to testify in support of Bill No. 050504. This bill authorizes the designation of an 85-acre site at the east end of the Navy 6 BILLS NO. 050504 - 6/6/05 Yard as an economic development district pursuant to State Act 226 of 2004. This site is proposed as a new location for two of the largest employers in the food distribution center, the produce terminal and the seafood market. The Commerce Department has been working with PIDC, the produce and seafood merchants, the Philadelphia Regional Port Authority, local elected officials, and the Governor's office for more than two years to respond to this need. Last June, City Council passed Bill 15 No. 050642, which allowed the city to pursue Keystone Opportunity Improvement Zone designation for a site at Christopher Columbus Boulevard and Oregon Avenue for development of the produce terminal and seafood market. That bill was contingent on the passage of enabling state legislation that was never enacted. Instead, the state issued the Economic Development District legislation in November 2004. This legislation allows for 7 BILLS NO. 050504 - 6/6/05 the establishment of a site within Philadelphia that would be exempt from many of the same business taxes as had been proposed by the earlier KOIZ legislation. The EDD legislation required that the Governor issue an executive order no later than July 15, 2005, establishing the approved location for the new district. On May 18, 2005, the Governor issued his executive order designating the 85-acre site at the Navy Yard as an Economic Development District. The district includes land controlled by the Philadelphia Authority For Industrial Development and the Philadelphia Regional Port Authority. It is anticipated that the Commonwealth will be the developer and owner of the new facilities on the Economic Development District site. The proposed district will contain two separate but related developments. The first will be a new state-of-the-art produce terminal funded through the state Capital 8 BILLS NO. 050504 - 6/6/05 Budget and private investment. This will be leased to the Philadelphia Fresh Food Terminal Corporation, a cooperative of over 40 produce businesses with 1,100 employees. 5 million of annual business taxes to the city. The second development in the Economic Development District will be a smaller facility for the seafood market, a cooperative of six businesses, employing 275 people. The existing seafood market generates $150 million of annual sales and pays $600,000 of annual wage taxes and $220,000 of annual business taxes. The existing produce and seafood markets were built when the city relocated these merchants from the old Dock Street Market in Society Hill in the late 1950s. Although PIDC, as owner of the buildings and manager for the food distribution center, has upgraded the 9 BILLS NO. 050504 - 6/6/05 facilities over the years, the produce and seafood markets require significantly expanded modern buildings, if they are to remain competitive in a fast-changing business and regulatory environment. The Economic Development designation is a tax-abatement program similar to the Keystone Opportunity Zone program, but with a reduced level of benefits. Only the business privilege tax and the nonschool district portion of the real estate taxes for these facilities will be abated through December 31, 2018. The city will continue to collect the wage tax, the use and occupancy tax, and a portion of the real estate taxes designated for the school district. The exemption for partnerships of the net profits tax that had been included in the original KOIZ legislation has also been eliminated. The Administration is committed to working with the produce and seafood markets to identify an attractive site close to the 10 BILLS NO.

Mr. Duane Bumb

050504 - 6/6/05 existing food center and capital funding from the state in order to keep these 1,375 jobs in Philadelphia and provide for the future growth of the food industry in the city. While we are hopeful that the proposed site at the Navy Yard can meet our primary objective of keeping these important jobs in the city, there are several issues that must be addressed prior to final approval. The open issues include, number one, the produce and seafood merchants impacted by this relocation must agree to relocate to the Navy Yard site identified in the Governor's executive order. These merchants had expressed a strong preference for the Oregon Avenue site that had been identified in the KOIZ legislation last year. And, number two, the Navy Yard site will require additional infrastructure investments, including improved traffic enhancements, if it is to accommodate this new development. 11 BILLS NO. 050504 - 6/6/05 Without such corresponding infrastructure improvements, this large development could negatively impact our ability to pursue division of the Navy Yard contained in the master plan announced in September of last year. Of particular concern is the volume of truck traffic generated by the new produce and seafood terminals. This new traffic could not be handled through the Broad Street entrance without impacting the surrounding community and other business activities within the Navy Yard. It is our expectation that a new truck entrance can be developed in the eastern end of the Navy Yard as an integral part of the produce and seafood market development in order to address the concern for traffic capacity. Subject to the anticipated resolution of these issues, the Administration is in support of Bill No. 050504 which designates the 85-acre site at the Navy Yard 12 BILLS NO. 050504 - 6/6/05 as an Economic Development District Thank you for this opportunity to testify, and I would be happy to answer any questions.

President Verna

Thank you very much. What are the local tax advantages to these businesses that will be received from the city and the school district based on their designation as an Economic Development District? What are the local tax advantages these businesses will have?

Mr. Bumb

A business that locates within an Economic Development District will be exempt from business privilege tax, will be exempt from the portion of the real estate tax that does not go to the school district, and it will be exempt from the local portion of the sales tax. Just to sort of clarify something I said in my testimony, the Keystone Opportunity Zone legislation, which you have seen before and which this legislation was modeled on, 13 BILLS NO. 050504 - 6/6/05 exempted other taxes, including real estate taxes for the school district and the use and occupancy tax for the school district. Those taxes have been eliminated from this bill. And, so, those taxes will continue to be collected for the benefit of the school district.

President Verna

What are the time limitations of an EDD?

Mr. Bumb

Once it is established, it is effective through December 31, 2018.

President Verna

How will the traffic associated with the food distribution center access the Navy Yard? There is an awful lot of traffic down there with the sports facilities.

Mr. Bumb

That's right. And that would be our concern with using the Broad Street entrance, where in fact it would impact all of that neighborhood and sports district traffic, as well. I should maybe ask Peter Longstreth to respond. But the answer we think is to put a new access road at the very eastern edge of 14 BILLS NO. 050504 - 6/6/05 the Navy Yard, where.

President Verna

Where?

Mr. Bumb

At the very eastern edge.

President Verna

That on 26th Street?

Mr. Bumb

At the Packer Avenue Marine Terminal side, very close to the river, actually adjacent to the rail yards and the port business, where some of this product will be moving through.

Mr. Peter Longstreth

My name is Peter Longstreth, and I don't mind expanding on that very briefly. Obviously we -- or, I think, as we all know, PIDC, with the city, completed a master plan last year which envisioned port-related activities immediately adjacent to the port at the far eastern end of the Navy Yard, and that would be distribution and warehousing type of activities. And we viewed the food distribution functions as very consistent with that anticipated use. All of it, however, envisioned, essentially, an extension of Delaware Avenue 15 BILLS NO. 050504 - 6/6/05 to provide this industrial distribution access to that end of the Navy Yard. And I think that's one of the conditions that we anticipate for this use.

President Verna

And do they have the 26th Street entrance open at all now, or do they anticipate opening it?

Mr. Longstreth

The 26th Street is currently opened. It is currently opened, and there are federal funds earmarked for upgrading it.

President Verna

Can you tell us what will happen to the existing food distribution center that presently exists?

Mr. Longstreth

Well, the combination of the seafood and produce terminals are currently located on about 30 acres in the very center of the food distribution center itself. I think what we anticipate when those facilities are vacated, approximately two years from now, is to demolish those facilities, which are in fact obsolete, and then to put the land up for sale in the 16 BILLS NO. 050504 - 6/6/05 marketplace for some kind of continuing warehouse food-related use.

President Verna

Thank you. The Chair recognizes Councilman Kelly.

Councilman Kelly

Thank you, Madam President. I just have a question. Will this have any effect on the construction or the development of the riverfront at all? In other words, the impact on traffic, would it --

Mr. Bumb

Councilman, I don't think there is any impact to the waterfront development as a result of this development.

Councilman Kelly

There is no 17 impact whatsoever as far as traffic goes or anything? I am thinking about, you have mixed use, I believe, in the development of that whole Navy Yard. In other words, you have office buildings and you have residential buildings and whatnot. Will this have any impact, negative impact, on the development? 17 BILLS NO. 050504 - 6/6/05

Mr. Longstreth

I would refer back to the master plan and the fundamental concept that the central core redevelopment of the Navy Yard, which is very much along a mixed-use plan, is to be accessed from Broad Street alone; and that this more distribution warehouse-type use would be accessed from Delaware Avenue, and they would be separate.

Councilman Kelly

They would be separate?

Mr. Longstreth

They would be separate. And, as a result, this would not negatively impact the core mixed-use development.

Councilman Kelly

Thank you. Thank you, madam.

President Verna

Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam Chair. Brief question. You mentioned about other types of warehousing on the existing site going forward. Is there any discussions 18 BILLS NO. 050504 - 6/6/05 with any particular businesses? I know, like, Jack Brown is always looking for more space. The DRP just recently entered into an agreement on a parcel that DRPA owns. I always envision that kind of activity which is good for the city in terms of the jobs it creates and the revenue, but some of the piers that Jack is using now, the paper company, are adjacent to where residential development is. And I envisioned further residential development, if there was a way in which -- and I don't know if it works for Jack, but I think it does, because a lot of his product comes in by way of shipping. And I don't know if there has been any discussion, any thought given to that, as well?

Mr. Longstreth

In a broad sense, I believe this area adjacent to the port is envisioned to contain and accommodate port-related activities; such as, the produce terminal and the seafood terminal and possibly 19 BILLS NO. 050504 - 6/6/05 others. Frankly, we have had no specific conversations along those lines. COUNCILMAN DiCICCO: I just would -- again, I am not certain if this works for Jack or not. But my sense is it does, because he does rail and shipping. And there are several different piers that he is using up and down Delaware Avenue which, in a more central location, may even work better for him. Because he literally is running out of space. And that's why DRPA has entered into an agreement to sell back to him or lease back to him a pier that they have in their inventory. Because he can't keep up -- his competitiveness, he is losing that competitive edge because of space. So I would just suggest that you might reach out to Jack. In two years it might be something you can work out for him, as well.

President Verna

Thank you. The Chair recognizes Councilman Mariano. 20 BILLS NO. 050504 - 6/6/05

Councilman Mariano

Thank you, Madam President. Mr. Longstreth, is there a comprehensive plan? I picture a football game with the Eagles, a basketball game with the Sixers, new development inside there. I mean, how is everybody going to get on 95, have they thought of that? Because I know now it is a problem. If we add more stuff in the Navy Yard, which we should do, give it a mixed-use commercial -- I would love to see residential in there -- but is there going to be another entrance onto 95?

Mr. Longstreth

I think some day we certainly hope so, because it would enable a much more dense development of the Navy Yard as we envision it. The master plan that we have presented, as I indicated, focuses on the single entrance and the density of development that that can accommodate. And we have traffic studies which take into account the projected development, as well as the sports district activity. And 21 BILLS NO. 050504 - 6/6/05 we believe that intersection can accommodate it. Once again I would emphasize, the distribution, food-related activities we're talking about here today, needs to be accessed off of Delaware Avenue. And we do not view that as a problem for the sports district or for the rest of the Navy Yard.

Councilman Mariano

When you say it needs to be accessed off of Delaware Avenue, so if they are going to get on 95, they have to go down Delaware Avenue and get on down by Oregon Avenue; is that what you are saying?

Mr. Longstreth

I think it is the Packer Avenue intersection that the food distribution center currently uses as their primary access.

Councilman Mariano

I don't know if you have ever been stuck down there after an Eagles game. If you get down and try to take a shortcut around where the rail yard is, it is a maze, and you will never get out of there. And I would love, again, I would 22 BILLS NO. 050504 - 6/6/05 love to see some commercial or residential development in that Navy Yard. There is a lot of talk about developing the river from Tacony all the way down, and bike paths and everything else. But unless they figure away to get people in and out of there, it is pretty much moot.

Mr. Longstreth

We are very concerned about traffic. We acknowledge that. The community is very concerned about traffic. So, it is a real central issue in anything we do in that part of the city.

Councilman Mariano

I think there may be those of us who are old enough -- now, I was a very young child -- when my father was stationed at that Navy Yard, I remember waiting there a few times, and I don't think 95 was built, that entrance was built, everything flowed up Broad Street. I am sure those people the people who own townhouses and all those new homes would love to see more traffic flow up Broad Street. Give the Councilpeople down there, I think Council President Verna, bigger 23 BILLS NO. 050504 - 6/6/05 headaches than we have during the sports games.

Mr. Longstreth

There is no 5 question, traffic capacity will limit the development at the Navy Yard. And our master plan takes that into account. To the degree that another access off of 95 can be conceived and funded in the future, then that can change that. But until it does, I agree with your point.

Councilman Mariano

All that comes from the Department of Transportation. And with our friends, with the exception of Councilman Kelly, the Republicans that are down, and Councilman Rizzo, the Republicans that are down in Washington, I am sure they are going to be really jumping all over themselves to help us develop the City of Philadelphia. We had a Congressman that was from Northeast Philadelphia who was the head of transportation, who is now a consultant to Congressman Borsky, and I had this discussion with him about five years ago. 24 BILLS NO. 050504 - 6/6/05 You are not only right, you are dead right on. Unless something gets changed there, any expansion will be at a standstill. Right now it is a rare thing when all three of those facilities are being used at once. But can you imagine the day that there is a circus, a Phillies game, possibly an Eagles playoff or something?

President Verna

They have had three events at the same time.

Councilman Mariano

It is a disaster.

President Verna

Wouldn't you say that traffic would be as bad at the other site that was being proposed for the food distribution center? I think the traffic impact would be the same, would it not?

Mr. Longstreth

You are saying as at its current site?

President Verna

No. No; the other site that was being proposed.

Mr. Longstreth

I would think they both have to access the same Packer Avenue 25 BILLS NO. 050504 - 6/6/05 access point, so I believe so.

President Verna

It is the same thing. Thank you.

Councilman Mariano

My point is, unless the feds get involved and look 10, 7 years into the future, starting now, it is 8 going to be tough. 9

President Verna

I agree. I think 10 we all agree. 11 The Chair recognizes Councilman 12 Rizzo. 13

Councilman Rizzo

Thanks, Madam 14 President. 15 Mr. Longstreth, looking at the 16 diagram here, the first part of my question, 17 when we first heard about the Navy Yard 18 becoming available, you know, I just pictured 19 a lot of small businesses, businesses that 20 didn't have a whole lot of heavy trucking associated with it. Is this the appropriate use of the Navy Yard? Is this just a rush to get people into this space? Because I am looking at a plot plan BILLS NO. 050504 - 6/6/05 here that's right on the river, and it just makes me wonder why would we be putting something like this into such a valuable -- it is like building a 1600 square foot house on a beachfront lot at the shore. I mean, it just doesn't click with me why we would be putting something like this in there. And then the second part of my question -- well, answer that one first to deal with traffic.

Mr. Longstreth

Once again, I would refer to the master plan. And we like to think we sort of thought through as much issues as we could. And, essentially, looked at the Navy Yard as a large 1,000-acre site that has the central core, which wants to be very much mixed use, with certainly the office and the research and maybe even some residential and retail service from Broad Street. And, essentially, the two ends with their access through 26th Street, on the heavy industrial part in the Navy Yard itself at the 27 BILLS NO. 050504 - 6/6/05 west end, and then this distribution area adjacent to the port at the east end, as being serviced by their two own roads with no real interference or interaction with that central core, and we believe that is exactly what will be accomplished. And, as a result, we don't think that that sort of central vision that you are describing would be compromised by this use. And, as I say, it gets back to a master plan and a process to produce that plan that we, frankly, have a lot of confidence in.

Councilman Rizzo

That's fine. Councilman Kelly -- the sound system is very muffled today. I don't know whether it is the adjustment. I could hardly hear what Mr. Longstreth is saying today. COMMISSIONER KELLY: I would just like to mention in regard to my Republican colleague here, Councilman Rizzo, that I think one of the things that we wanted to do from the inception of this -- I know there was a resolution that was passed by the Council President -- and it is to keep 1,375 jobs into 28 BILLS NO. 050504 - 6/6/05 Philadelphia. And I know there are not too many locations that you can put a facility like this into Philadelphia. And I think it makes sense, it is being used in the same area that's presently being used, so I don't think that would be -- have a great impact on traffic as it is currently going on and will be going on at the new location. I don't see that much difference to it. Thank you.

President Verna

Thank you.

Councilman Rizzo

Finish up, Madam President?

President Verna

Mr. Longstreth, what is the estimated value of the state aid to the new food distribution center?

Mr. Longstreth

The project itself is preliminarily budgeted in the $150 million range. And the very conceptual funding plan for that includes private funding based on an income stream provided by a lease contract with the seafood and produce associations, which will raise 40 or 50 million of that, and 29 BILLS NO. 050504 - 6/6/05 the remainder would be provided in a state grant.

President Verna

Okay. And, of course, this would be state owned?

Mr. Longstreth

This would be state owned, developed, and operated.

President Verna

Thank you. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

I don't know a whole lot about this industry, but I do know that it starts very, very early in the morning. There is a lot of truck traffic of the seafood market, people from all over the area come to the produce and fish market. Are you telling us today that the only access to this facility will be the Delaware Avenue access? And I am bringing this up because the other Broad Street gate will always be there, or something like it. Would they still be able to come off of 95 and come down Broad Street, or come straight down Broad Street, to get access to this facility? But are you 30 BILLS NO. 050504 - 6/6/05 going to limit the Delaware Avenue access as the only access to this, or will they be coming from all areas, all entrances to the Navy Yard, to gain access to this facility?

Mr. Longstreth

Yes, I believe the plan is for truck traffic to be limited to Delaware Avenue. The concept that there are, as we heard, almost 1,400 employees, many of them will drive, and they may indeed be permitted to come in the Broad Street entrance. But the concept is that truck traffic would be limited to Delaware.

Councilman Rizzo

Even though trucks are legally allowed to use Broad Street?

Mr. Longstreth

That would be our plan.

President Verna

Do we have any other questions? Councilman DiCicco. COUNCILMAN DiCICCO: I would just like to add my experience when I come off the Walt Whitman Bridge and other activities. I 31 BILLS NO. 050504 - 6/6/05 know it is your district, Council President, you are just south of my district. But most trucks that come in -- I owned a restaurant, so I used to be down there at 5:00 in the morning picking up my produce and fish and stuff. Most trucks that are coming in off of 95 are taking the, I guess it is, the Oregon Avenue exit that dumps you off onto, I guess, like 2nd and Oregon. It is easier for them to get in. And they would swing around. So I think there is always an exception to the rule, but it makes more sense for the truckers to want to dump off at Delaware, rather than get off and go out Broad Street, because the Delaware Avenue entrance that you are proposing is a lot closer to I-95. And whether you are coming from the Jersey side off the Walt Whitman Bridge, you take that exit, the Oregon Avenue 95 exit. Or you are coming from points south of the City of Philadelphia, coming from the Wilmington area, as an example, you would still want to 32 BILLS NO. 050504 - 6/6/05 take I-95 and get off at, I think it is, Oregon Avenue or Second Street. I know where it is, I just don't remember the exact -- not to suggest to never try Broad Street. Broad Street is too far out of their way.

President Verna

Are there any other questions or comments from members of the committee? Is there any need -- I know there wasn't a request for a suspension of the Rules. Is there any need for us to suspend the Rules?

Mr. Bumb

You will need a suspension of the Rules, if you want to pass it in the current session of Council before the summer recess.

President Verna

I know that. But are you requesting that? I don't know what the -- is there an urgency to this, and do you want us to?

Mr. Bumb

Yes. Yes, we do. To the extent that we need to make changes, we will be back to you in the fall. But our expectation is that the legislation 33 BILLS NO. 050504 - 6/6/05 before you today is the final form. So, yes.

President Verna

All right. So tell us what the passage of this bill will actually do.

Mr. Bumb

It allows us to make the application that's authorized by the Governor's executive order, which we can make at any time after we have Council approval.

President Verna

So the Mayor would have to make application?

Mr. Bumb

That's right.

President Verna

And has the Mayor been fully informed of the issue at hand?

Mr. Bumb

He has been briefed on this. It is a moving target for us because -- and he knows that there are issues that we have raised concerns about, and knows that we will want to resolve those before the application is filed.

President Verna

Very well. Thank you. Thank you all very much. Do we have anyone else to testify on this bill? 34 BILLS NO. 050504 - 6/6/05 Seeing no one, this will conclude the public hearing of the Committee of the Whole, and we will now go into our public meeting. - - - 35 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING of the COMMITTEE OF THE WHOLE - - - Monday, June 6, 2005 - - - Public Meeting conducted by the Committee of the Whole, held in Room 400, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILLS 050504, 050525, 050526, 050527, 050528, 050529, 050530, 050531, 050532, 050533, 050534, 050525 - - - PRESENT: ANNA C. VERNA, Council President COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DAVID COHEN COUNCILMAN JACK KELLY COUNCILMAN JUAN F. RAMOS COUNCILMAN FRANK RIZZO COUNCILMAN FRANK DiCICCO COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN MICHAEL A. NUTTER COUNCILMAN DARRELL L. CLARKE COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN MARIAN B. TASCO 36 PUBLIC MEETING

President Verna

Councilwoman Blackwell, I would like to recognize you regarding Bill No. 050504.

Councilwoman Blackwell

Thank you, Madam President. I move that Bill No. 050504 be reported out of committee. No? Sorry.

President Verna

Councilwoman Blackwell, I am going to recognize you regarding Bill No. 050504.

Councilwoman Blackwell

Thank you, Madam President. I move that Bill No. 050504 be reported out of committee with a favorable recommendation. Do we need a suspension?

President Verna

Yes.

Councilwoman Blackwell

And furthermore that the Rules of Council be suspended so as to permit first reading at our next session of Council. (Duly seconded.)

President Verna

It has been moved and seconded that Bill No. 050504 be reported out of committee with a favorable recommendation, also a recommendation that the 37 PUBLIC MEETING Rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will indicate by saying aye. Those opposed? The ayes have it, and the motion carries. The Chair recognizes Councilwoman Blackwell regarding Resolution No. 050525.

Councilwoman Blackwell

Madam President, I move that Resolution No. 050525 be reported out of committee with a favorable recommendation and furthermore that the --

President Verna

We don't need a suspension. Do I hear a second? (Duly seconded.)

President Verna

It has been moved and seconded that Resolution No. 050525 be reported out of committee with a favorable recommendation. All in favor will signify by saying aye. Those opposed? 38 PUBLIC MEETING The ayes have it, and the motion carries; It just occurred to me we don't have a quorum, so we are going to have to do this again. I would ask Council members who were in their offices to please come down to the chamber.

President Verna

All right. We now have a quorum. The Committee of the Whole will now go into its meeting, and the Chair recognizes Councilwoman Blackwell regarding Bill No. 050504.

Councilwoman Blackwell

Thank you, Madam President. I move that Bill No. 050504 be reported out of committee with a favorable recommendation, and also a recommendation that the Rules of Council be suspended so as to permit first reading at our next session of Council. (Duly seconded.)

President Verna

It has been moved and properly seconded that Bill No. 050504 be 39 PUBLIC MEETING reported out of committee with a favorable recommendation, also a recommendation that the Rules of Council of suspended so as to permit first reading at our next session of Council. All in favor will please indicate by saying aye. Those opposed? The ayes have it, and the motion carries. The Chair recognizes Councilwoman Blackwell regarding Resolution No. 050525.

Councilwoman Blackwell

Thank you, Madam President. I move that Resolution No. 050525 be reported out of committee with a favorable recommendation. (Duly seconded.)

President Verna

It has been moved and seconded that Resolution No. 050525 be reported out of committee with a favorable recommendation. All in favor will please say aye. Those opposed? The ayes have it, and the motion 40 PUBLIC MEETING carries. The Chair recognizes Councilwoman Blackwell regarding Resolution No. 050526.

Councilwoman Blackwell

I move that Resolution No. 050526 be reported out of committee with a favorable recommendation. (Duly seconded.)

President Verna

It has been moved and seconded that Resolution No. 050526 be reported out of committee with a favorable recommendation. All in favor will signify by saying aye. Those opposed? The ayes have it, and the motion carries. The Chair recognizes Councilwoman Blackwell regarding Resolution No. 050527.

Councilwoman Blackwell

Thank you, Madam President. I move that Resolution No. 050527 be reported out of committee with a favorable recommendation. (Duly seconded.) 41 PUBLIC MEETING

President Verna

It has been moved and seconded that Resolution No. 050527 be reported out of committee with a favorable recommendation. All in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. The Chair recognizes Councilwoman Blackwell regarding Resolution No. 050528.

Councilwoman Blackwell

Thank you, Madam President. I move that Resolution No. 050528 be reported out of committee with a favorable recommendation. (Duly seconded.)

President Verna

It has been moved and seconded that Resolution No. 050528 be reported out of committee with a favorable recommendation. All in favor will signify by saying aye. Those opposed? 42 PUBLIC MEETING The ayes have it, and the motion carries. The Chair recognizes Councilwoman Blackwell regarding Resolution No. 050529.

Councilwoman Blackwell

Thank you, Madam President. I move that Resolution No. 050529 be reported out of committee with a favorable recommendation. (Duly seconded.)

President Verna

It has been moved an seconded that Resolution No. 050529 be reported out of committee with a favorable recommendation. All in favor will say aye. Those opposed? The ayes have it, and the motion carries. The Chair recognizes Councilwoman Blackwell regarding Resolution No. 050530.

Councilwoman Blackwell

Thank you, Madam President. I move that Resolution No. 050530 be reported out of committee with a favorable 43 PUBLIC MEETING recommendation. (Duly seconded.)

President Verna

It has been moved and seconded that Resolution No. 050530 be reported out of committee with a favorable recommendation. All in favor will say aye. Those opposed? The ayes have, and the motion carries. The Chair recognizes Councilwoman Blackwell regarding Resolution No. 050531.

Councilwoman Blackwell

Thank you, Madam President. I move that Resolution No. 050531 be reported out of committee with a favorable recommendation. (Duly seconded.)

President Verna

It has been moved and seconded that Resolution No. 050531 be reported out of committee with a favorable recommendation. I beg your pardon, sir?

Councilman Cohen

Point of information. Are all the resolutions 44 PUBLIC MEETING affecting Board membership?

President Verna

Yes.

Councilman Cohen

When that finishes, will we be told what the new resolution or bill is?

President Verna

You should have copies of them.

Councilman Cohen

I just want to be told when the last resolution involving a Board member is presented.

President Verna

Councilwoman Blackwell, Resolution No. --

Councilwoman Blackwell

Thank you, Madam President. I move that Resolution No. 050532 be reported out of committee with a favorable recommendation. (Duly seconded.)

President Verna

It has been moved and seconded that Resolution No. 050532 --

Councilman Cohen

Point of resolution. The question is, what is the resolution on? 45 PUBLIC MEETING

President Verna

Can we have a list. These are the --

Councilman Cohen

I have the list.

President Verna

These are the list of the Board of Directors for the Center City District, sir.

Councilman Cohen

I would appreciate it if you could just mention in a word or two what the resolution covers.

President Verna

This resolution is appointing Terry D'Alessandro to the Board of Directors of the Center City District of Philadelphia. A motion was made and seconded. All in favor of the motion will indicate by saying aye. Those opposed? The ayes have it, and the motion carries. The Chair recognizes Councilwoman Blackwell regarding Resolution No. 050533, again reappointing Ernest Jones to the Board of Directors of the Center City District.

Councilwoman Blackwell

Thank you, 46 PUBLIC MEETING Madam President. I move that Resolution No. 050533 be reported out of committee with a favorable recommendation. (Duly seconded.)

President Verna

It has been moved and seconded that Resolution No. 050533 be reported out of committee with a favorable recommendation. All in favor will say aye. Those opposed? The ayes have it, and the motion carries. The Chair recognizes Councilwoman Blackwell regarding Resolution No. 050534, that is reappointing Valerie Ferguson to the Board of Directors of the Center City District.

Councilwoman Blackwell

Thank you, Madam President. I move that Resolution No. 050534 be reported out of committee with a favorable recommendation. (Duly seconded.) 47 PUBLIC MEETING

President Verna

It has been moved and seconded that Resolution No. 050534 be reported out of committee with a favorable recommendation. All in favor will indicate by saying aye. Those opposed? The ayes have it, and the motion carries. The Chair recognizes Councilwoman Blackwell for the last resolution to be considered, and that would be appointing John Gattuso to the Board of Directors of the Center City District. And the Chair recognizes Councilwoman Blackwell regarding Resolution 18 050535.

Councilwoman Blackwell

Thank you, Madam President. I move that Resolution No. 050535 be reported out of committee with a favorable recommendation. (Duly seconded.)

President Verna

It has been moved 48 PUBLIC MEETING and seconded that Resolution No. 050535 be reported out of committee with a favorable recommendation. All in favor will say aye. Those opposed? The ayes have it, the motion carries. And that concludes our public meeting. (Public Meeting concluded at 4:25 p.m.) - - - 49 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Monday, June 6, 2005, were reported fully and accurately by me, and that this is a correct transcript of same. RE: COMMITTEE OF THE WHOLE _________________________ DEBRA A. WHITEHEAD