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Minutes

Committee Hearing, June 5, 2002

Philadelphia City Council Committee HearingsJun 5, 2002

COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING AND PUBLIC MEETING BEFORE THE COUNCIL COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS - - - Room 696, City Hall Philadelphia, Pennsylvania Wednesday, 6/5/02 12:48 p.m. - - - BILL 020316 - Renewal bill re payment of Far Northeast Senior Citizens Inc. utility bills. BILL 020380 - Convey parcel of ground to the West Philadelphia Financial Services Institution BILL 020381 - Incorporating parcel of land into Germany Hill Park BILL 020383 - Authorizing PECO to construct, own, and maintain concrete planters on... BILL 020384 - Re City's interest in one-tract ground situate in vicinity of 21st, 22nd, Hamilton Streets. COUNCILMEMBERS PRESENT: James F. Kenney, Chair Darrell L. Clarke Frank DiCicco Michael A. Nutter Frank Rizzo - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 (215) 561-2220 6/5/02 INDEX - PUBLIC PROPERTY/PUBLIC WORKS WITNESS BILL 020380 Paul Deegan, PIDC............................. James Burnett, Executive Director............. West Philadelphia Financial Services Institution Eva Gladstein, Director, Empowerment Zone..... 8 BILL 020383 William Watts, Technical Services, Streets... 14 Edward McBride, County Affairs Manager, PECO 16 BILL 020381 Ken Sipos, Public Property................... 18 William E. Mifflin, Fairmount Park Commission 19 BILL 020384 Ken Sipos, Public Property................... 24 Larry Copeland, Esquire, Law Department...... 26 William E. Mifflin, Fairmount Park Commission 29 BILL 020316 Ken Sipos, Public Property................... 36 * * * 3 6/5/02 PUB PROP/PUB WORKS - BILL 020380

Councilman Kenney

The public hearing is now in session of the Committee on Public Property and Public Works to listen to testimony on four bills, the first bill being: Bill No. 020380, an ordinance 7 authorizing the Philadelphia Authority for Industrial Development ("PAID") notwithstanding any contrary requirements of the Philadelphia Industrial and Commercial Development agreement between the City, the Philadelphia Industrial Development Corporation ("PIDC") and PAID, to convey fee simple title to a certain property located in the vicinity of 52nd Street and Jefferson Street for the West Philadelphia Financial Service Institution, or its nominee, for nominal consideration, under certain terms and conditions. (Witness comes forward.)

Councilman Kenney

Please identify yourself for the record and give me your abbreviated testimony.

Mr. Deegan

Good afternoon, Mr. Chairman. My name is Paul Deegan, and I'm here to testify in support of Bill No. 020380. 4 6/5/02 PUB PROP/PUB WORKS - BILL 020380 The bill authorizes PAID to convey a 10.6-acre parcel of ground to the West Philadelphia Financial Services Institution, or its nominee, for a nominal consideration. WPFSI intends to construct an $11.5 million, 105,000-square-foot shopping center on the property and on adjacent land that was acquired by PAID with Empowerment Zone funds. Mr. Burnett, James Burnett, the Executive Director, is here to answer any questions you may have and to provide some testimony. This really is an initiative of the Empowerment Zone, the Mayor's Office, and the Commerce Department to create a major commercial site in West Philadelphia.

Councilman Kenney

Great.

Mr. Deegan

And I ask that the bill be considered favorably and that the rules of Council be suspended.

Councilman Kenney

A standing rules suspension request.

Mr. Deegan

Thank you.

Councilman Kenney

You're very welcome. 5 6/5/02 PUB PROP/PUB WORKS - BILL 020380

Mr. Deegan

I'll be glad to answer any questions you may have of me.

Councilman Kenney

Are there any questions of Mr. Deegan? Councilmember Nutter.

Councilman Nutter

Thank you, Mr. Chairman. Mr. Deegan, now, it's my understanding that the purpose of the bill is to transfer the land owned by PAID to WPFSI; is that correct?

Councilman Nutter

Okay. And then WPFSI would then be the owner of the land?

Mr. Deegan

Well, I think it depends on how the -- I think the way the development would work is, the land would go to WPFSI or its nominee, which could be an entity formed specifically for the development.

Councilman Nutter

Okay.

Mr. Deegan

So whoever the developer is -- I think maybe Mr. Burnett could speak a little more on that.

Councilman Nutter

Okay.

Mr. Deegan

But we wanted to make sure 6 6/5/02 PUB PROP/PUB WORKS - BILL 020380 that we were authorized to convey the property to whoever is going to be developing the site.

Councilman Nutter

Okay. And are you anticipating that should this go forward, that on the PIDC side of this transaction, things will go smoothly and swiftly?

Mr. Deegan

Yes. I think the bill 9 that's under consideration today, I think, is the last thing that we need for the real estate part of the transaction.

Councilman Nutter

Okay. Are there any other steps that PIDC needs to take?

Mr. Deegan

I believe there's going to be an amendment to the Tax Increment Financing District, and that's a longer lead time.

Councilman Nutter

Okay.

Mr. Deegan

So I think that will be the next step.

Councilman Nutter

And when is that going to come over?

Mr. Deegan

We're talking with WPFSI right now on the details of revising the previous TIF, so it would come over in September.

Councilman Nutter

You can't get it 7 6/5/02 PUB PROP/PUB WORKS - BILL 020380 over here by next Thursday?

Mr. Deegan

I don't think the project plan or any of the documents have been finalized yet.

Councilman Nutter

Are you going to have it the first Thursday we get back?

Mr. Deegan

I expect to, yes. We're going to be working all summer to have it as soon as possible.

Councilman Nutter

Okay, all right. The reason I ask is because, as you well know, there is an extra lead time.

Mr. Deegan

On TIFs.

Councilman Nutter

On the TIFs, 30-day advertising, and then a three-week layover after it comes out of committee.

Councilman Nutter

I mean, it's basically two months.

Councilman Nutter

So I would just like to have it as soon as possible.

Mr. Deegan

Right. We are working on it, and PIDC is talking with Mr. Burnett to revise 8 6/5/02 PUB PROP/PUB WORKS - BILL 020380 the project plan in accordance with, you know, the project that's now being proposed.

Councilman Nutter

Okay, all right.

Councilman Kenney

Thank you very much. Any other questions? (No further questions.)

Councilman Kenney

Is there anyone else to testify on this bill?

Councilman Nutter

Yeah, WPFSI. (Witness comes forward.)

Councilman Nutter

And Miss Gladstein from the Empowerment Zone. (Witness comes forward.)

Councilman Kenney

Please identify yourself for the record.

Mr. Burnett

James Burnett, the Executive Director for the West Philadelphia Financial Services Institution.

Ms. Gladstein

Eva Gladstein, Director of the Empowerment Zone.

Councilman Kenney

Please proceed.

Mr. Burnett

Councilman, we're looking for approval of this bill in order for us to move 9 6/5/02 PUB PROP/PUB WORKS - BILL 020380 forward with the shopping center at the corner of 52nd and Jefferson Street, the project will be approximately 100,000 square feet of new retail space and employ up to 350 new jobs in that area, permanent jobs, and also approximately 150 construction jobs.

Councilman Kenney

Will this include a supermarket?

Mr. Burnett

Yes, it will include a supermarket.

Councilman Kenney

There you go. Thank God.

Councilman Nutter

We'll have to let Councilman Cohen know.

Councilman Kenney

Please identify yourself again, I'm sorry.

Ms. Gladstein

Good afternoon. This project is one of the original projects specified as part of the Empowerment Zone Strategic Plan. The West Philadelphia Financial Services Institution has been funded by the Empowerment Zone for up to $1.7 million to help support this development. Those funds have been used to date to help secure site control of both of the properties 10 6/5/02 PUB PROP/PUB WORKS - BILL 020380 that are under discussion today from PAID as well as about 2.5 acres of privately held property. We've also assisted the West Philadelphia Financial Services Institution with PIDC as well to select a co-developer who will work with them on the development of this project. With that co- developer, they are now finalizing documents for a development agreement and an operating agreement for the maintenance of the shopping center. They have also a preliminarily identified an anchor tenant for the supermarket component, which would be a approximately 40,000 square feet. There are a number of other tenants who have expressed interest over the last several years, but we've been waiting to secure the anchor tenant. So we now feel this project in a very much in a ready-to-move mode, and we're very excited about that.

Councilman Kenney

Councilman Nutter?

Councilman Nutter

Thank you, thank you, Mr. Chairman. For either of you, again, assuming that 11 6/5/02 PUB PROP/PUB WORKS - BILL 020380 this bill were to pass, what are the next steps that will lead toward a start date with this particular project? I'm talking about men, women, heavy equipment, and actual activity at the site.

Mr. Burnett

Okay. Under our due diligence report that was done -- completed in the fall of last year, what we took to understand is that after our signing the agreement with our co- developer, which we anticipate having by Friday of next week, that it will take six months in order to mobilize. There will be some site work, some pre-site work, going on as soon as that agreement is signed, but the actual development will start approximately six months from that point in time.

Councilman Nutter

So you're talking about the 1st of the year?

Mr. Burnett

Talking about the 1st of the year.

Councilman Nutter

Well, let me just put on the record, Mr. Burnett, we've had an opportunity to talk about this over some period of time, and I know that you and Miss Gladstein are deeply committed to getting this project done, as I 12 6/5/02 PUB PROP/PUB WORKS - BILL 020380 am as well. Based on our earlier discussion, what I want from you is your assurance on this record that all of the documents and agreements that need to be finalized in order for this project to move forward are going to be completed no later than next Friday. You will need to let me know, though, next Thursday as to what is actually going on. This bill will be on the calendar for next Thursday. When you assure me that all documents, agreements, people, bodies, and whoever else needs to do anything are in place, this will go forward. If it does not, I will then take whatever action is necessary to make the project happen on a going-forward basis by whoever we could figure out to get it done. This is the end of the road right here.

Mr. Burnett

Councilman, I make that assurance to you that you will have the documentation necessary for you to move forward on Thursday.

Councilman Nutter

Thank you.

Councilman Kenney

Thank you very 13 6/5/02 PUB PROP/PUB WORKS - BILL 020380 much. Are there any other questions for these witnesses? (No further questions.)

Councilman Kenney

Thank you very much. Is there anyone else to testify on this bill? (No response.)

Councilman Kenney

Seeing none... - - - 14 6/5/02 PUB PROP/PUB WORKS - BILL020383

Councilman Kenney

We will now move to Bill No. 020383, which is an ordinance authorizing PECO Energy Company to construct, own, and maintain seven concrete planters on the north footway of Market Street and seven concrete planters on the south footway of JFK Boulevard adjacent to the property 2301 Market Street, all under certain terms and conditions. (Witness comes forward.)

Councilman Kenney

Please identify yourself for the record.

Mr. Watts

Good afternoon, Chairman and members of the committee. My name is William Watts, and I'm the Technical Services Officer for the Streets Department, and I'm here to testify on behalf of Bill No. 020383. The bill authorizes PECO Energy to construct, own, and maintain a total of seven precast concrete planters encroaching on the north footway of Market Street and a total of seven precast planters encroaching on the south footway of JFK Boulevard, adjacent to the property 2301 Market Street. All planters, when installed, will 15 6/5/02 PUB PROP/PUB WORKS - BILL020383 leave adequate width and clearance of unobstructed footway; therefore, the Streets Department has no 4 objections to the passage of this bill.

Councilman Kenney

Thank you very much for this testimony. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Thank you. I just have a couple questions. How big are they?

Mr. Watts

The planters are six foot by six foot square. They're 3-foot-5-inches in height. On the Market Street side, there will be 10 feet of clear sidewalk after they're installed; and on the JFK Boulevard side, there will be 12 feet of clear sidewalk.

Councilman Rizzo

I'm confident that in your decision, there was no consideration about what they plan to do there, what they plan to plant, but what's it going to look like in the winter?

Mr. Watts

As far as inside the planter, that wasn't anything that I had a concern with. The only thing --

Councilman Rizzo

There's nothing 16 6/5/02 PUB PROP/PUB WORKS - BILL020383 more -- there's nothing more --

Councilman Kenney

Actually, we have the Fairmount Park Commissioner here if they'd like to make some suggestions.

Councilman Rizzo

For lack of a better word, they look pretty raggedy in the winter when everything's dead and all you see is a concrete box sitting on the sidewalk. I'm sure they won't put plastic flowers in there. I would like to know what it's going to look like in the winter.

Councilman Kenney

Mr. McBride, do you have anything you want to add to the flower discussion? (Witness comes forward.)

Councilman Kenney

Please identify yourself for the record. MR. McBRIDE: I'm Edward McBride, County Affairs Manager, Philadelphia County, PECO Energy. Councilman, the planters are going to be maintained no differently than the planters that we currently have on our property in front of that building, and we have a service that comes around and makes sure that the trash is taken out, that 17 6/5/02 PUB PROP/PUB WORKS - BILL020383 the -- whatever is in there, whatever is planted in those planters that currently exists are maintained. And these are security planters that we're installing. These are for security purposes. So they'll be just added to the regular maintenance of the other planters.

Councilman Rizzo

So what you're telling me is that these are devices to protect the building, and you've adopted the planter concept to enhance something that would normally be unattractive like a barrier, like a jersey barrier. MR. McBRIDE: Like jersey barriers or bollards or something like that, yes.

Councilman Rizzo

Okay, good, very good. Thanks. MR. McBRIDE: Thank you.

Councilman Kenney

Thank you very much. Anyone else to testify on this bill? (No response.)

Councilman Kenney

Seeing none... - - - 18 6/5/02 PUB PROP/PUB WORKS - BILL 020381

Councilman Kenney

We will now move to Bill No. 020381, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to acquire by purchase, condemnation, or other means, a certain parcel of land commonly known as 4815 Smick Street and 200 Fountain Street, and upon completion of the City's acquisition of the parcel, incorporating the parcel into Germany Hill Park and placing the parcel under the jurisdiction of the Fairmount Park Commission under the Philadelphia Code Title 15, Section 13 15-201. (Witness comes forward.

Councilman Kenney

Please identify yourself for the record.

Mr. Sipos

Mr. Chairman and members of the committee, I'm Ken Sipos from the Department of Public Property, and I'm here today to testify in support of Bill 020381. The bill will permit the property to remain in its natural state, preserving open, green space by its inclusion in the adjacent Germany Hill Park. The Department of Public Property 19 6/5/02 PUB PROP/PUB WORKS - BILL 020381 supports this measure and, accordingly, I respectfully ask that the committee consider this bill favorably. I also ask that the rules be suspended so that the ordinance may be passed upon the second reading of Council. Thank you. I'll be happy to answer any questions that you may have.

Councilman Kenney

Thank you very much. Any questions for this witness? Councilmember Nutter.

Councilman Nutter

Thank you. Are your guys --

Councilman Kenney

Yeah, they're coming up. (Witnesses come forward.)

Councilman Kenney

Please identify yourself for the record.

Mr. Mifflin

Good afternoon. My name is William E. Mifflin, the Executive Director of the Fairmount Park Commission, and I am also here to testify in support of Bill No. 020381 to acquire additional park land adjacent to Germany Hill in the Roxborough section of Philadelphia. 20 6/5/02 PUB PROP/PUB WORKS - BILL 020381 This will be kept as open space with minimal maintenance requirements, and we do have the appropriate funding in our Capital Budget for its acquisition.

Councilman Kenney

Councilmember Nutter.

Councilman Nutter

Thank you, Mr. Chairman. Mr. Sipos and Mr. Mifflin, assuming that this bill passes, tell me from a timeline standpoint, when will the actual acquisition take place and the transfer and then any site improvements? And tell me, I guess, a little bit about what we are doing site-improvement-wise to restore this area and also provide that the memorial that's out there gets the appropriate treatment that it needs.

Mr. Sipos

As soon as the bill is approved and signed by the Mayor, we will be empowered to make an offer to the -- there's two property owners.

Councilman Nutter

I understand.

Mr. Sipos

So as soon as we have the authority to make an offer, we could make an offer 21 6/5/02 PUB PROP/PUB WORKS - BILL 020381 and start negotiations.

Councilman Nutter

Well, you've had some of those discussion already, though, right?

Mr. Sipos

Not with the owners, we have not.

Councilman Nutter

Okay, never mind. How long do you think it will -- Mr. Mifflin, do you want to talk to Mr. Sipos for a second there? How long is this going to take?

Mr. Sipos

If they agreed to the price, it would take -- probably you could have settlement within three months. If they didn't agree to the price and you wanted to condemn it, it could take longer.

Councilman Nutter

If you have an agreement, why does it take three months to go to settlement?

Mr. Sipos

I said, if you had an agreement, it could go to settlement in 30 days, assuming --

Councilman Nutter

Right, okay.

Mr. Sipos

Assuming they both agree.

Councilman Nutter

All right, I like 22 6/5/02 PUB PROP/PUB WORKS - BILL 020381 that number better, okay.

Mr. Sipos

But if they don't agree, condemnation --

Councilman Nutter

I understand. Work hard, Mr. Sipos.

Mr. Sipos

Thank you, sir.

Councilman Nutter

Thank you.

Mr. Mifflin

Councilman, as I indicated, this will be maintained as open space, so we do not plan any major development. Along particularly Fountain Street and, to some extent, along Smick, there is overhanging vegetation; we would like to take that back, oh, about eight to ten feet so that clearer visibility is --

Councilman Nutter

So you can actually see?

Mr. Mifflin

Pardon me?

Councilman Nutter

So you can actually see as you drive up the street.

Mr. Mifflin

So you can see the property.

Councilman Nutter

All right, great. Thank you.

Councilman Kenney

Any other 23 6/5/02 PUB PROP/PUB WORKS - BILL 020381 questions? (No further questions.)

Councilman Kenney

Is there anyone else here to testify on this bill? (No response.)

Councilman Kenney

Seeing none... - - - 24 6/5/02 PUB PROP/PUB WORKS - BILL 020384

Councilman Kenney

We will now quickly move to Bill No. 020384, which is an ordinance 4 authorizing the Commissioner of Public Property and the Fairmount Park Commission, on behalf of the City of Philadelphia, to execute and deliver to the Philadelphia Authority for Industrial Development, without consideration, a quick-claim deed fee conveying fee simple title to the City's interest in a one-tract ground situate in the vicinity of 21st and 22nd and Hamilton Streets, under and subject to terms and conditions of the Philadelphia Industrial and Commercial Development Agreement between the City, the PAID, and the Philadelphia Industrial Development Corporation. Please identify yourself for the record.

Mr. Sipos

Good morning, Chairman Kenney and members of the committee.

Councilman Kenney

Good morning.

Mr. Sipos

My name is Ken Sipos from the Department of Public Property, and I'm here today to testify in support of Bill No. 020384. This bill will permit the consolidation of several parcels for the purpose of constructing 25 6/5/02 PUB PROP/PUB WORKS - BILL 020384 a new building by a development company. I understand that the Law Department has some concerns about several provisions of the bill as drafted, and the Public Property Department supports the amendments to the bill that the Law Department has recommended. In addition, I understand that the bill 9 would authorize the City to convey all of the land described in the bill. I also understand, however, that under the bill, the City could transfer less than all of the land described in the bill and that the City could transfer a lesser interest than fee simple title. The Department of Public Property wants to be sure that if it does not convey any land or any of the City's interest in any land that the City itself may need in connection with future municipal projects or other public-interest projects. With the proposed amendments and understandings discussed above, the Department of Public Property supports the measure and, accordingly, I respectfully ask that the committee consider this bill favorably. 6/5/02 PUB PROP/PUB WORKS - BILL 020384 I also ask that the rules be suspended so that the ordinance may be passed upon the second reading of Council. Thank you. I will be happy to answer any questions that you may have.

Councilman Kenney

Thank you very much. The Chair recognizes at this time Councilmember Clarke for the purpose of discussing amendments in whatever order you would like to do, whether with the Law Department or --

Councilman Clarke

Yeah, thank you, Mr. Chairman. Mr. Chairman, there will be amendments offered, and I would like to ask Mr. Copeland to read the amendments into the record. (Witness comes forward.)

Mr. Copeland

Good afternoon, Mr. Chairman and Councilmen.

Councilman Kenney

Good afternoon.

Mr. Copeland

I'm Larry Copeland, and I'm with the City of Philadelphia Law Department, and I would like to read the amendments into the record. 27 6/5/02 PUB PROP/PUB WORKS - BILL 020384 In Section 1 of the proposed ordinance, beginning with the third line down, the clause starting "a quick-claim deed conveying fee simple title to the City's..." that should be deleted, and after the deletion, the word "such" should be inserted. I'll read the whole section when I'm done. Two more lines done, after the reference to Hamilton Streets and a comma, the following should be inserted: "as the Public Property Commissioner and Fairmount Park Commission determine desirable," Would you like me to read the section?

Councilman Kenney

Yeah, thank you.

Mr. Copeland

Okay. So Section 1, as amended, would read: "The Commissioner of Public Property and Fairmount Park Commission, on behalf of the City, are hereby authorized to execute and deliver to the Philadelphia Authority for Industrial Development ("PAID"), without consideration, such interests in the following described tract of ground situate in the vicinity of 21st and 22nd and Hamilton Streets as the Public Property Commissioner and Fairmount Park Commission 28 6/5/02 PUB PROP/PUB WORKS - BILL 020384 determine desirable, subject, however, to all of the terms and conditions of the Philadelphia Industrial and Commercial Development Agreement between the City, the PAID, and the Philadelphia Industrial Development Corporation as follows: (subject to an official survey and plan)." And after that follows the legal description. Further on in the ordinance, Section 4. The Law Department is recommending that Section 4 be deleted in its entirety and also recommends that Section 5 be deleted in its entirety.

Councilman Kenney

Thank you. Any questions relative to the amendments? (No questions.)

Councilman Kenney

Mr. Mifflin, would you like to testify?

Mr. Mifflin

Yes, I would. Thank you. Good afternoon, Chairman Committee and members of the Committee on Public Property and Public Works. My name is William E. Mifflin and I am the Executive Director of the Fairmount Park Commission. I am offering testimony on Bill No. 29 6/5/02 PUB PROP/PUB WORKS - BILL 020384 020384, an ordinance authorizing the Commissioner of Public Property and the Fairmount Park Commission, on behalf of the City of Philadelphia, to execute and deliver to the Philadelphia Authority for Industrial Development, without consideration, a quick-claim deed conveying fee simple title to the City's interest in one tract of ground situate in the vicinity of 21st and 22nd Street and Hamilton Street, subject to the terms and conditions of the Philadelphia Industrial Commercial Development Agreement between the City, PAID, and the Philadelphia Industrial Development Corporation. Bill No. 020384 will authorize the City to convey the property described in the ordinance 17 to PAID. Under the bill, PAID could then transfer the property to a developer who proposes to build a 10-story apartment building on land that the developer owns behind the Rodin Museum. The developer has informed the Fairmount Park Commission that the apartment building will contain 45 residential condominium units and will create tax revenue for the City of Philadelphia. The developer has informed the 30 6/5/02 PUB PROP/PUB WORKS - BILL 020384 Fairmount Park Commission that he does not need the land as a legal matter but would like to acquire the land in use and connection with the development and to make improvements to enhance the development. The Fairmount Park Commission considered the developer's plan requested at the monthly meeting this past Monday, June 3rd. The Commission voted to table the matter until a meeting is scheduled on July 10th. Therefore, today, I cannot report that the Commission has given final approval of the developer's request. I do believe, however, that the Commission and the developer will reach final agreement shortly. The Commission supports development that increases the City's tax base and the Commission looks forward to the important improvements by the developer behind the Rodin Museum. I'm aware that the Law Department has suggested amendments to Section 1 of the bill to make clear that the City may transfer such interest in the subject property as the Fairmount Park Commission and the Commissioner of Public Property 31 6/5/02 PUB PROP/PUB WORKS - BILL 020384 determine desirable. I support that proposed amendment. Apropos those comments, I understand that the bill would grant authority to convey title to the property, but that the City must convey a lesser interest in the property to the developer. The terms of the deal are still being discussed between the City and developer. This bill, if passed, will permit the City and the developer to agree upon final terms of the deal no later than the summer. I understand that the Law Department has also recommended that Section 4 of the bill be deleted in its entirety because the department is concerned about Section 4 under the Home Rule Charter. For that reason, I do not oppose the recommended amendment. Finally, under the proposed bill, any transfer of a property would be subject to the Philadelphia Industrial and Commercial Development Agreement. Under the authority, PAID would be required to obtain new appraisals for the property. Inasmuch as I believe the developer's now asking the Fairmount Park Commission, through 32 6/5/02 PUB PROP/PUB WORKS - BILL 020384 PAID, to convey approximately 50 percent more land to him than asked for originally in 1998, I support the new appraisals for the property. With the amendments and the understandings discussed above, I support the bill 7 and respectfully ask the committee to consider this bill favorably. Thank you for your consideration, and I'd be happy to answer any questions.

Councilman Kenney

Thank you very much. The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Mr. Chairman. Mr. Mifflin, I just wanted to get clarity on a couple of issue. This particular proposal can be built as of right, am I correct, the development itself?

Mr. Mifflin

Could be built...?

Councilman Clarke

As of right.

Mr. Mifflin

As of right?

Councilman Clarke

Yes.

Mr. Mifflin

Yes, that is correct.

Councilman Clarke

And the conveyance 33 6/5/02 PUB PROP/PUB WORKS - BILL 020384 of the land will enhance not only this particular development, but I also understand that there may be some benefits to the Rodin Museum. Can you speak to that briefly?

Mr. Mifflin

Yes, I certainly can, Councilman. Thank you. We -- in party why we do, in fact, support this bill is that there will be significant and dramatic improvements to the landscape immediately behind the Rodin Museum, which, today, is a service driveway to the museum and then a precipitous drop to railroad tracks below. The plan is, in fact, to then have level property under the new development leading out the rear of the museum, still providing access or service to the rear of the museum, some parking, including handicapped parking. There would be a common driveway initially coming off 22nd Street that would feed both the service area in the rear of the museum as well as the entrance to the new proposal. There would be improved landscaping, with an attractive entrance that would transcend onto the Fairmount Park property. 34 6/5/02 PUB PROP/PUB WORKS - BILL 020384 The developer has agreed to place in escrow a certain amount of funds for the express purposes of maintaining this landscaped area. So, you know, sort of at the end of the day, the Park Commission would see a greatly improved entrance to this area and a shared entrance area to the new facility. So for these reasons -- and we do need to develop the details of the landscape improvements, and that will be done by July 10th. We will favorably discuss this.

Councilman Clarke

Okay, thank you. Thank you Mr. Chairman.

Councilman Kenney

Thank you very much. Any other questions for this witness? (No further questions.)

Councilman Kenney

Anyone else to testify on this bill? (No response.)

Councilman Kenney

Seeing none, that will conclude the business of the hearing of the Committee on Public Property and Public Works. - - - 35 6/5/02 PUB PROP/PUB WORKS - PUBLIC MEETING

Councilman Kenney

We will now convene a public meeting of the committee. The Chair recognizes Councilmember Nutter for a motion on Bill No. 020380. Yes, sir.

Mr. Sipos

I also have testimony on 316.

Councilman Kenney

Oh, I'm sorry, I jumped the gun. Well, we're going to temporarily recess the public meeting and reconvene the public hearing. - - - 36 6/5/02 PUB PROP/PUB WORKS - BILL 020316

Councilman Kenney

We will now hear testimony on Bill No. 020316, which is an ordinance 4 authorizing the Commissioner of Public Property, on behalf of the City, to enter into a further amendment to a lease between the City and the Far Northeast Senior Citizens Incorporated for the use of certain property located on the northeast corner of Byberry, South Hampton Road, and Townsend Road to provide for an extension of the City's responsibility for the payment of charges and fees for public utilities, sewer rents, water rents, water charges, and heating charges, under certain terms and conditions. Please identify yourself for the record.

Mr. Sipos

Mr. Chairman and members of the committee, my name is Ken Sipos from the Department of Public Property, and I'm here to testify in support of Bill 020316. This renewal bill will allow the senior center to allow to continue to use their funds for activities rather than utilities and heat. This is a renewal; every four years, this bill has to be renewed to pay for utilities. 37 6/5/02 PUB PROP/PUB WORKS - BILL 020316 The Department of Public Property supports this measure and, accordingly, I respectfully ask that the committee consider this bill favorably, and I also ask that the rules be suspended so that the ordinance may be passed upon the second reading of Council. Thank you, and I'll be happy to answer any questions you may have.

Councilman Kenney

Thank you. Any questions? (No questions.)

Councilman Kenney

Anyone else to testify on this bill? (No response.)

Councilman Kenney

Seeing none, that will, in fact, conclude the hearing of the Public Property/Public Works Committee. - - - 38 6/5/02 PUB PROP/PUB WORKS - BILL 020316

Councilman Kenney

We will now reconvene the public meeting, and the Chair recognizes Councilman Nutter for a motion on Bill 5 No. 020380.

Councilman Nutter

Mr. Chairman, I move that Bill No. 020380 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended so as to permit first reading at our next session.

Councilman Kenney

Is there a second? (Duly seconded.)

Councilman Kenney

Moved and seconded. All in favor there, aye? There are none opposed. Bill No. 020380 will be reported out of this committee favorably and a request will be made for a rules suspension to allow for first reading at our next Council session. The Chair recognizes Councilman Nutter for a motion on Bill No. 020381.

Councilman Nutter

Mr. Chairman, I move that 020381 be reported out of this committee with a favorable recommendation and a further 39 6/5/02 PUB PROP/PUB WORKS - BILL 020316 recommendation that the rules of Council be suspended so as to permit first reading at our next session.

Councilman Kenney

Is there a second? (Duly seconded.)

Councilman Kenney

Moved and seconded. All in favor, aye? There are none opposed. Bill No. 020381 will be reported out of this committee favorably and a request will be made for a rules suspension to allow for first reading at our next Council session. The Chair recognizes Councilmember Rizzo for a motion on Bill No. 020383.

Councilman Rizzo

I move that Bill No. 17 020383 be reported out of committee with a favorable recommendation and with a recommendation that the rules of Council be suspended so as to permit first reading of this bill at our next session of City Council. (Duly seconded.)

Councilman Kenney

Moved and seconded. All in favor, aye? There are none opposed. 40 6/5/02 PUB PROP/PUB WORKS - BILL 020316 Bill No. 020383 will be reported out of this committee favorably and a request will be made for a rules suspension to allow for first reading at our next Council session. The Chair recognizes Councilmember Clarke for a motion to approve the four read amendments to Bill No. 020384.

Councilman Clarke

Thank you, Mr. Chairman. I make a motion that the amendments, as read into the record by Mr. Copeland, be adopted.

Councilman Kenney

Is there a second? (Duly seconded.)

Councilman Kenney

Moved and seconded. All in favor, aye? There are none opposed. The amendments, as read into the record, were approved. The Chair recognizes Councilmember Clarke for a motion on the amended Bill No. 020384.

Councilman Clarke

Thank you, Mr.chairman. I move that Bill No. 020384, as amended, be moved out of committee with a favorable recommendation and a request for a suspension of 41 6/5/02 PUB PROP/PUB WORKS - BILL 020316 the rules to allow for reading at the next session of Council.

Councilman Kenney

A second? (Duly seconded.)

Councilman Kenney

Moved and seconded. All in favor, aye? There are none opposed. Bill No. 020384, as amended, will be reported out of this committee favorably and a request will be made for a rules suspension to allow for first reading at our next Council session. The Chair recognizes Councilmember DiCicco -- Councilmember Clarke for a motion on Bill No. 020316.

Councilman Clarke

Thank you, Mr. Chairman. I move that Bill No. 020316 be reported out of committee with a favorable recommendation and a request for a suspension of the rules.

Councilman Kenney

Is there a second? (Duly seconded.)

Councilman Kenney

Moved and seconded. All in favor, aye? 42 6/5/02 PUB PROP/PUB WORKS - BILL 020316 There are none opposed. Bill No. 020316 will be reported out of this committee favorably and a request will be made for a rules suspension to allow for first reading at our next Council session. This concludes the business of the Committee on Public Property and Public Works. We thank you for your attendance. (Committee proceedings end at 1:26 p.m.) - - - 43 CERTIFICATE I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia's meeting of the Committee on Public Property and Public Works of Wednesday, June 5, 2002, are contained fully and accurately in the stenographic notes taken by me, and that this is a true and correct transcript of same. _______________________________, Josephine Cardillo Registered Professional Reporter and 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.)