COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON PARKS, RECREATION AND3 CULTURAL AFFAIRS4 5 6 Room 400, City Hall7 Philadelphia, Pennsylvania Tuesday, December 7, 20108 10:25 a.m. 9 10 PRESENT: COUNCILWOMAN BLONDELL REYNOLDS BROWN, CHAIR11 COUNCILMAN CURTIS JONES, JR. COUNCILWOMAN DONNA REED MILLER12 13 BILL 100724 - An ordinance renaming and14 designating Franklintown Park located between N. 18th Street and N. 19th Street and between15 Hamilton Street and Shamokin Street as "Matthias Baldwin Park."16 BILL 100776 - An ordinance authorizing the17 Commissioner of Public Property, on behalf of the City, to execute and record a Declaration18 of Covenants, Conditions, and Restrictions against a portion of Pennypack Park on the19 Delaware... 20 - - -21 22 23 24 25 2 1
Good2 morning. Good morning. We are pleased3 to have a quorum now and we will call the4 City Council Committee on Parks,5 Recreation and Cultural Affairs to a6 public hearing to hear testimony on Bills7 No. 100724 and 100776.8 I would like to put on the9 record that we have Vice-Chairman Curtis10 Jones here and deeply appreciative of the11 presence and attendance of Councilwoman12 Donna Reed Miller, thus giving us a13 quorum to conduct business.14 I would like to now ask the15 Clerk to read the title of Bill No.16 100724 and 100776.17
An ordinance18 renaming and designating Franklintown19 Park located between North 18th Street20 and North 19th Street and between21 Hamilton Street and Shamokin Street as22 "Matthias Baldwin Park"; and23 Bill No. 100776, an ordinance24 authorizing the Commissioner of Public25 3 12/7/10 - PARKS - BILLS 100724 AND 1007761 Property, on behalf of the City, to2 execute and record a Declaration of3 Covenants, Conditions, and Restrictions4 against a portion of Pennypack Park on5 the Delaware, in favor of the United6 States, to protect bald eagles and other7 rare, endangered, or threatened birds,8 under certain terms and conditions.9
I want to10 thank the Clerk for that, and I want to11 ask Councilman Vice-Chairman Jones if he12 has any opening remarks on either one of13 these bills.14
Thank you,15 Madam Chair. I would just say that as we16 speak, the Mayor is preparing to make an17 announcement, Madam Chairman, about18 adding, I believe it is, 500 acres to the19 Fairmount Park system, and I think that's20 a worthwhile endeavor as we consider21 bills that are germane to our outdoors,22 consider bills that are friendly to23 endangered species. That is, this is a24 consistent step in the right direction25 4 12/7/10 - PARKS - BILLS 100724 AND 1007761 making us the greenest, most2 environmentally sensitive city in3 America.4 Thank you, Madam Chair.5
Thank you6 very much for putting that on the record.7 And the, I guess, downside for us is that8 we can't be in two places at one time.9 We have to conduct this business and10 unfortunately miss that opportunity and11 milestone.12 With that then, we would like13 to call up our first panel to testify on14 the renaming of Franklintown Park and we15 would like to ask Mark A. Focht and/or16 his designee of the Philadelphia17 Fairmount Park to come forward and Joan18 Schlotterbeck, our Commissioner for the19 Department of Public Property, and/or her20 designee to please come forward.21 (Witnesses approached witness22 table.)23
Forgive24 me. Clarity here. For the Bill No.25 5 12/7/10 - PARKS - BILLS 100724 AND 1007761 100724, we're going to ask Mark Focht2 and/or his designee to please come3 forward, and additional witnesses for4 100724 will be Melvin Seligsohn and5 Sandra Owens. Please step forward to the6 witness table.7 (Witnesses approached witness8 table.)9
We want to10 welcome you to these proceedings, and11 we'll start with the Philadelphia12 Fairmount Park. Good morning.13
Good morning,14 Councilwoman Brown, Councilman Jones. My15 name is Barry Bessler. I'm the Chief of16 Staff for Fairmount Park here17 representing Executive Director Mark18 Focht and Parks and Recreation19 Commissioner Michael DiBerardinis.20 On behalf of the Department of21 Parks and Recreation, I am pleased to22 provide this statement in support of23 Council Bill 100724. This bill24 authorizes the renaming and designating25 6 12/7/10 - PARKS - BILLS 100724 AND 1007761 of Franklintown Park.2 Franklintown Park has been3 under the jurisdiction of Philadelphia4 Parks and Recreation, formerly the5 Fairmount Park Commission, since its6 completion in the early 1990s. The park7 was created as the Percent for Art8 Project for the Franklintown Urban9 Renewal Area. Approximately three years10 ago, a group of interested neighbors11 formed the Friends of Franklintown Park12 to work with the Department to maintain13 and enhance the park.14 The Friends and other15 interested individuals are advocates to16 rename the park in honor of Matthias17 Baldwin. I am sure you will learn from18 the Friends and others about the impact19 of Matthias Baldwin on the City of20 Philadelphia, not the least of which was21 his construction of one of the City's22 first factory neighborhoods. This23 remarkable industrial complex stretched24 from Broad and Spring Garden Streets to25 7 12/7/10 - PARKS - BILLS 100724 AND 1007761 the site of Franklintown Park,2 encompassing 39 buildings, which employed3 over 15,000 workers at its peak.4 In 2009, the Department5 supported the installation of a marker by6 the Pennsylvania Historic and Museum7 Commission along the 19th Street edge of8 the park, highlighting the life and9 contributions of Matthias Baldwin. The10 renaming of the park is supported by the11 Redevelopment Authority of the12 Philadelphia, the Logan Square13 Neighborhood Association and the Friends14 of Franklintown Park. Further, the15 Department supports Bill No. 100724 and16 requests the Committee's approval of this17 legislation.18 And that is submitted on behalf19 of Mark Focht, the Executive Director of20 Fairmount Park. And I would also like to21 say that we do have letters of support22 from those aforementioned groups, the23 Logan Square Neighbors Association and24 the Friends of Franklintown Park, have25 8 12/7/10 - PARKS - BILLS 100724 AND 1007761 those letters of support in writing.2 Thank you.3
Thank you4 very, very much.5 With that, please, we'll hear6 from our other witnesses. You can state7 your name for the record and proceed with8 your testimony.9
My name is10 Melvin Seligsohn and I'm a member of11 Friends of Franklintown Park and one of12 the founders, so to speak.13 From the beginning of the14 formation of our group, I think it was15 one of our goals to honor Matthias16 Baldwin, who is generally forgotten17 unfortunately, forgotten prominent person18 in the City. He really was important not19 only to the City but to the country,20 because his locomotive works produced21 thousands of locomotives, not just for22 Philadelphia but in the great age of23 railroads all over the world.24 Unfortunately, he passed away25 9 12/7/10 - PARKS - BILLS 100724 AND 1007761 just at the end of the Civil War, but he2 was a noted abolitionist. He supported3 black institutions in the City. He was4 one of the founders of the Franklin5 Institute, and he employed -- his works6 and the related factories employed about7 15,000 people. So he was, in a sense, in8 that area that we live in now, which was9 very little trace of the railroads, was10 the Silicone Valley of its time. It was11 extremely important, and all the way12 through the Second World War -- of13 course, they moved after that, but it was14 part of the whole arsenal of democracy15 that was so prominent and helped us win16 the Second World War.17 Anyway, we're very happy about18 this, and we thank you for your help in19 getting this done. I just did want to20 say one other thing about him. He is in21 the National Inventors Hall of Fame, and22 anybody who has been to the Franklin23 Institute to see the great locomotive24 there, that's a Baldwin locomotive, and25 10 12/7/10 - PARKS - BILLS 100724 AND 1007761 somebody told me recently that there's2 still a Baldwin locomotive in operation3 in Brazil somewhere. So he made -- he4 put himself out of business unfortunately5 because he made such a great product and6 he brought glory to Philadelphia.7 Thank you.8
Thank you9 very much for your testimony. It's10 another shining example of Philadelphia's11 rich history.12 Please. Good morning.13
My name is Sandra17 Owens and I'm a member of the Friends of18 Franklintown Park. I'm very happy to be19 here today to speak on behalf of Matthias20 Baldwin, one of Philadelphia's most noted21 citizens. I would like to say he was a22 native son, but he is not. He came to23 this city as a teenager at the age of 16,24 and he came here because Philadelphia25 11 12/7/10 - PARKS - BILLS 100724 AND 1007761 offered great economic opportunities for2 young men.3 He began as a jeweler's4 apprentice in the Frankford section and5 discovered he had a knack for tinkering.6 He invented and patented jeweler's tools7 and then later tools and machines in the8 bookbinding and printing trades.9 It was this tinkering that led10 him to make his first steam locomotive.11 He did this after he saw a demonstration12 of an English locomotive that was on13 display at Peale's Philadelphia City14 Museum, and as note, his first locomotive15 pulled three cars, three train cars, that16 held each car holding four passengers,17 and he powered this locomotive with coal18 instead of wood. That was in 1831.19 By 1835, he was able to leave20 his small machine shop in Old City and he21 went to Broad and Spring Garden Streets,22 which must have been in the boondocks at23 the time, and he opened a much larger24 enterprise there. He called his company25 12 12/7/10 - PARKS - BILLS 100724 AND 1007761 The Baldwin Locomotive Works. The rest2 is history. I won't repeat my3 colleague's words, except to say that I4 think it's time the City of Philadelphia5 recognize this great Philadelphian by6 renaming the park in his honor.7 Let me say before closing, I8 want to say a few words about the Friends9 of Franklintown Park, which was founded10 in 2007 by my colleague. The park had a11 real -- needed some help. Let me just12 say when I first saw the park, it was13 barren and on the benches sat unsavory14 characters. I had bought with me a cup15 of coffee, which I intended to drink as I16 sat on the bench, but I felt so17 uncomfortable that I left. That is not18 the case today.19 I invite everyone here to visit20 our beautiful park at 19th and Hamilton21 Street in the West Callowhill section.22 There's been many, many changes since the23 Friends were founded. The first thing is24 the beautiful plantings on the terraces25 13 12/7/10 - PARKS - BILLS 100724 AND 1007761 and, secondly -- which I want to give2 thanks to the Fairmount Park Commission3 for these plantings. They've really been4 a friend to us. And, secondly, there's a5 very diverse population that now sits on6 the benches. In good weather, if you7 come by, you will see students from8 Community College there, you will see9 little children from a preschool center10 and the Children in Crisis Center nearby.11 You will see seniors sitting on benches12 from the Waterford -- Watermark community13 building and the senior housing on Spring14 Garden Street, 18th and Spring Garden,15 and you will see people and workers in16 the area that also use it as a meeting17 place and just to sit and meditate.18 It's a beautiful -- it is19 beautiful to see this public space so20 used.21 Our Friends group have a picnic22 in the park every May. It's open to the23 public, and we have cleanups every month,24 and then we're quite proud of this25 14 12/7/10 - PARKS - BILLS 100724 AND 1007761 historic marker that sits in the park.2 It is only fitting to rename the park the3 Matthias Baldwin Park.4 Thank you.5
Well, let6 me say thank you for your activism. When7 you give the pre-story and now the8 community that exists there because of9 the activism of neighbors, it's a10 reaffirmation that when neighbors get11 involved and work with government, or no,12 things do happen, because looking at13 where we are economically, government can14 no longer do it by itself. So let me15 commend you for your leadership and your16 activism in that community.17 Councilman Jones.18
Madam19 Chairman, I just want to express thanks20 as well. One of the best parts of this21 job is meeting people like you from22 neighborhoods like yours and learning23 about it. It makes us interconnected in24 ways that you wouldn't probably imagine25 15 12/7/10 - PARKS - BILLS 100724 AND 1007761 sitting there.2 My grandfather and his six3 brothers worked for 30th Street, the4 railroad. So I knew a lot about5 locomotives coming up, because he did6 that type of work. And for me to now7 hear about Baldwin and his contributions8 to that industry, as a Philadelphian it9 makes me proud and it makes us10 interconnected as a community and as a11 city.12 So I'm thanking you for taking13 the time to remember a Philadelphian that14 binds us as Philadelphians.15 So thank you.16
Thank you17 all for your testimony.18 We'll now move to the next Bill19 No. 100776, and we would like to invite20 Joan Schlotterbeck and/or her designee21 and Mark Focht and/or his designee from22 the Philadelphia Fairmount Park. I want23 to welcome you to these proceedings.24 (Witnesses approached witness25 16 12/7/10 - PARKS - BILLS 100724 AND 1007761 table.)2
State your3 name for the record and proceed with your4 testimony.5 DEPUTY COMMISSIONER HERZINS:6 Good morning, Chairwoman Reynolds Brown7 and members of the Committee on Parks,8 Recreation and Cultural Affairs. My name9 is John Herzins. I am the Deputy10 Commissioner of the Department of Public11 Property here today on behalf of the12 Commissioner to testify in support of13 Bill No. 100776.14 In conjunction with development15 of the Southport Marine Terminal at the16 Navy Yard, the Pennsylvania Department of17 General Services has applied to the18 United States Fish and Wildlife Service19 for a permit to remove an abandoned20 eagle's nest in that vicinity, which21 permit requires mitigation that will22 provide a net benefit to the local bald23 eagle population. The site within24 Pennypack on the Delaware will provide25 17 12/7/10 - PARKS - BILLS 100724 AND 1007761 for one of the mitigation locations.2 The Department supports this3 measure and, accordingly, I respectfully4 ask that City Council approve Bill No.5 100776.6 I am also requesting a7 suspension of the rules so as to allow8 for first reading at the next session of9 Council.10 Thank you. I'll be happy to11 answer any questions you may have.12
Very well.16 With that, then we will move to17 Philadelphia Fairmount Park.18
Good morning,19 Chairwoman Reynolds Brown, Councilman20 Jones. My name is Barry Bessler, Chief21 of Staff, Philadelphia Parks and22 Recreation, and I'm here on behalf of23 Fairmount Park Executive Director Mark24 Focht and Parks and Recreation25 18 12/7/10 - PARKS - BILLS 100724 AND 1007761 Commissioner Michael DiBerardinis.2 On behalf of the Department of3 Parks and Recreation, I am pleased to4 provide this statement in support of5 Council Bill 100776. This bill6 authorizes the Commissioner of Public7 Property to execute and record a8 Declaration of Covenants, Conditions, and9 Restrictions against a portion of10 Pennypack Park on the Delaware, in favor11 of the United States, to protect bald12 eagles and other rare, endangered, or13 threatened birds, under certain terms and14 conditions.15 Pennypack on the Delaware is a16 part of Pennypack Park, a 1,395 acre park17 under the jurisdiction of Philadelphia18 Parks and Recreation. Pennypack on the19 Delaware contains active recreation20 facilities, picnic areas, restrooms,21 parking, trails and large natural areas,22 including forests, meadows and wetlands.23 In late 2008, a bald eagle's nest was24 discovered in a large, mature deciduous25 19 12/7/10 - PARKS - BILLS 100724 AND 1007761 tree within the southeastern boundary of2 the park. Bald eagles thrive around3 bodies of water, such as the Pennypack4 Creek, where adequate food exists and5 human disturbance is limited. The bald6 eagle, a state-listed threatened species,7 is sensitive to human intrusion or8 disturbances.9 With these conditions in mind,10 in May 2009, the Department entered into11 an agreement with the Pennsylvania Game12 Commission to take the appropriate13 actions to restrict public access to the14 proximate area surrounding the bald15 eagle's nest. The terms of the agreement16 were intended to limit human intrusions17 and disturbances in the area of the nest18 without unnecessarily restricting access19 by staff for the environmental care and20 maintenance of this section of Pennypack21 on the Delaware. That agreement with the22 Game Commission expired in May 2010.23 Building on the prior agreement24 with the Game Commission, both the25 20 12/7/10 - PARKS - BILLS 100724 AND 1007761 Department and the Commonwealth of2 Pennsylvania support this ordinance3 because of the long-term protection it4 will afford to this eagle's nest. The5 Commonwealth is engaged in several6 cooperative efforts in the region to7 strengthen and protect existing eagles'8 nests and to offset any potential impact9 from the removal of an abandoned eagle10 nest in connection with the construction11 of Southport, a new marine terminal12 planned at the east end of the Navy Yard.13 A permit for removal of that abandoned14 nest is currently pending with the U.S.15 Fish and Wildlife Service and the Game16 Commission.17 In short, Council Bill 10077618 codifies restrictions similar to the Game19 Commission agreement the Department20 previously entered into, will not cause21 the Department to incur any costs, and22 will ensure that a limited section of23 Pennypack on the Delaware is managed and24 restricted to protect bald eagles and25 21 12/7/10 - PARKS - BILLS 100724 AND 1007761 other rare, endangered, or threatened2 birds. These restrictions are consistent3 with the Department of Parks and4 Recreation's strategic objectives and5 management guidelines.6 For these stated reasons, the7 Department supports Bill No. 100776 and8 requests the Committee's approval of this9 legislation.10 Thank you.11
We want to12 thank you both for your testimony,13 gentlemen.14 Any questions from Councilman15 Jones?16
Thank you18 both very, very much.19 Is there anyone else to testify20 on Bill Nos. 100724 or 100776?21 (No response.)22
That23 concludes testimony on Bill Nos. 10072424 and 100776. This concludes the public25 22 12/7/10 - PARKS - BILLS 100724 AND 1007761 hearing on the Committee on Parks and2 Recreation and we will now go into a3 public meeting.4 We're going to push the pause5 button as we await for Councilwoman Donna6 Reed Miller to return. Thank you.7 (Pause.)8
The Chair9 recognizes Councilman Jones for a motion10 on Bill No. 100724.11
Thank you,12 Madam Chair. I make a motion on Bill No.13 100724 with a favorable recommendation14 and the rules of Council be suspended as15 to hear it at our next scheduled meeting.16
All23 opposed?24 (No response.)25 23 12/7/10 - PARKS - BILLS 100724 AND 1007761
Seeing2 none, this bill will be reported out of3 this Committee with a favorable4 recommendation and further moved that the5 rules of Council be suspended so as to6 permit first reading at our next7 scheduled session of City Council.8 The Chair now recognizes9 Councilwoman Donna Reed Miller for a10 motion on Bill No. 100776.11
Thank12 you, Madam Chair. I move that Bill13 100776 be reported out of this Committee14 with a favorable recommendation and15 further move that the rules of Council be16 suspended so as to permit first reading17 at our next session.18 (Duly seconded.)19
All23 opposed?24 (No response.)25 24 12/7/10 - PARKS - BILLS 100724 AND 1007761
Seeing2 none, this bill will be reported out of3 this Committee with a favorable4 recommendation and further moved that the5 rules of Council be suspended so as to6 permit first reading at our next7 scheduled session of City Council.8 This concludes the meeting on9 Parks, Recreation and Cultural Affairs.10 And, again, a huge thank you to11 Councilwoman Donna Reed Miller for12 affording us a quorum.13 Thank you.14 (Committee on Parks, Recreation15 and Cultural Affairs concluded at 10:5016 a.m.)17 - - -18 19 20 21 22 23 24 25 25 1 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on December 7, 2010, and that7 this is a true and correct transcript of same.8 9 10 11 12 --------------------13 MICHELE L. MURPHY14 RPR-Notary Public15 16 17 18 (The foregoing certification of this19 transcript does not apply to any reproduction20 of the same by any means, unless under the21 direct control and/or supervision of the22 certifying reporter.)23 24 25