Then why not put7 it in the bill?8 COUNCILMAN DiCICCO: Well, it9 becomes a part of the record as being10 part of the bill. I'm not an attorney,11 but I --12
I'm not, either.13 COUNCILMAN DiCICCO: -- and14 maybe the Law Department can correct me.15 We can do that. I don't have a problem16 with that; I don't think Mr. Levy would17 have a problem with that as well.18 Again, if it's a technicality19 that that language be a part of the bill,20 we could amend it to be included.21
Yes. And in22 doing that, I would prefer that the23 language say not that a presentation will24 be made to the Art Commission, but the25 77 12.8.10 - PUB PROP/PUB WORKS - BILL 1008421 same language that is that the Art2 Commission will have jurisdiction for a3 final approval, just as the Historical4 Commission.5 It isn't just a presentation6 for information; it's for their approval.7 COUNCILMAN DiCICCO: Well, you8 start with a presentation and a concept,9 and then doesn't it get worked through10 the various commissions as to what the11 pros and cons are or what --12
All I'm saying13 is, that hasn't happened with the Art14 Commission.15 COUNCILMAN DiCICCO: But it16 hasn't happened because they don't have17 control of the lease yet.18
That is not19 correct, Councilman. That's not correct.20 (Indiscernible; parties talking21 over each other.)22 COUNCILMAN DiCICCO: ... 'cause23 I really appreciate all of the work you24 do, and you and I have had a good working25 78 12.8.10 - PUB PROP/PUB WORKS - BILL 1008421 relationship over the years.2
I know.3 COUNCILMAN DiCICCO: But I go4 back to your first statement where you5 mention something about this is not that6 time-sensitive. I think it is, and I'll7 tell you why.8
Mm-hmm.9 COUNCILMAN DiCICCO: In about10 five weeks, there'll be a new governor11 sitting in Harrisburg. And all of the12 comments -- and I'm not trying to be13 critical of the governor, but all of the14 comments I've read about where he's15 taking this state and in terms of funding16 projects, I think the RCAP Grant could be17 in jeopardy, significantly be in18 jeopardy, because it doesn't appear from19 the comments I've heard from the20 Governor-elect that he is going to go21 down the path of economic development22 just for the sake of doing projects.23 We know it's important to24 Philadelphia; I don't think he thinks --25 79 12.8.10 - PUB PROP/PUB WORKS - BILL 1008421 I can't get in his head, I'm not in his2 head. But I don't think, based on what3 I've been hearing, that he might approve4 this; he may not. I don't want to take5 that chance; I don't think it's worth6 that chance.7 Because if he's looking at8 Governor Christie and, paraphrasing his9 quote, Governor Christie is his mentor.10 And I see that Governor Christie has11 given back over $300 million in federal12 grants for the tunnel. I can't imagine13 Corbett having -- losing any sleep over14 pulling a $15 million grant, or whatever15 that number is, a $15.5 million grant16 back on the RCAP.17 I just think it is more18 time-sensitive.19
Right.20 COUNCILMAN DiCICCO: If Rendell21 were in for another year, we could have22 more time to talk, but I don't think we23 have that luxury right now.24
So let me just25 80 12.8.10 - PUB PROP/PUB WORKS - BILL 1008421 make this observation.2 Mr. Levy testified that he has3 the agreements from the State. He has4 executed the agreements of the State.5 The agreements do not contain any6 requirement that City Council approve7 this lease. Those agreements are back in8 Harrisburg. The Governor will sign those9 agreements.10 COUNCILMAN DiCICCO: No.11 Again, if you read his --12
I listened to13 what he said, Councilman, and what he14 said --15 COUNCILMAN DiCICCO: Sometimes16 we all --17 (Indiscernible; parties talking18 over each other.)19 COUNCILMAN GREENLEE:20 Mr. Gallery --21
What he said is22 not what this writing says.23 COUNCILMAN DiCICCO: Read24 his -- I'm asking you to read it, 'cause25 81 12.8.10 - PUB PROP/PUB WORKS - BILL 1008421 sometimes I don't hear things correctly.2 If you go on the first3 paragraph, go down to the second or third4 sentence: "The reason for this lease is5 to fulfill the requirement for site6 control, which is a condition of the7 $15.5 million RCAP Grant."8
Well, let me ask9 to settle this in a reasonable way.10 COUNCILMAN DiCICCO: I think11 that's very clear.12
Can Mr. Levy13 produce a document that shows that that14 is the condition of the grant? Could you15 ask him that?16 COUNCILMAN DiCICCO: Well, I --17
Because that's18 not what he said.19 COUNCILMAN DiCICCO: Well,20 John, as I've worked with you, I've21 worked with Paul for 15 years, and I've22 never known Paul to try to pull an end23 run on anybody.24
I don't believe25 82 12.8.10 - PUB PROP/PUB WORKS - BILL 1008421 he does either, but when he testified --2 COUNCILMAN DiCICCO: Well,3 basically what you're saying is --4
He said something5 different and I'm just asking --6 COUNCILMAN DiCICCO: Well, I'm7 not going to argue with you, John.8
If he has that9 condition, I take away my comment.10 COUNCILMAN DiCICCO: It's a11 part of the testimony that is on the12 record here, that that is the condition13 that must be met in order for that RCAP14 to be approved.15 So I have two issues. One16 is -- I believe that also fits into the17 time-sensitive issue that I spoke about.18 If we don't get this done before the next19 governor's sworn in, there's a very20 strong chance that this RCAP will go21 away.22 I'm not going to argue that23 point; I'm only going by what I read here24 and what I believe to be accurate,25 83 12.8.10 - PUB PROP/PUB WORKS - BILL 1008421 truthful information that is being2 testified by Paul Levy. I can't rely on3 anything else other than my experience of4 working with him, as I do with you.5
Okay.8 Thank you.9 Any other questions for10 Mr. Gallery?11 (No further questions.)12
I think13 Mr. Levy would like to say something14 else, please. Thank you.15 (Witness comes forward.)16
My name is Paul Levy17 again. I just want to clarify that one18 point.19 The way that RCAP money works20 is, the governor of the state designates21 PIDC as the vehicle through which it22 passes. We have an executed contract23 with PIDC, and that now needs to be24 improved in Harrisburg.25 84 12.8.10 - PUB PROP/PUB WORKS - BILL 1008421 So we have an executed contract2 with PIDC. A condition of that is both3 matching dollars and site control. It is4 circulating in Harrisburg now for the5 State's approval of that contract. And6 absent site control, it will not have a7 fully approved status.8
So13 according to what Councilman DiCicco14 said, it still is in somewhat jeopardy.15
The sole reason why16 we've asked you to act more quickly on17 that is that fear.18
Okay.19 COUNCILMAN DiCICCO: And if I20 can, just for the record, we recess on21 the 16th and we don't come back until I22 forget what date, but it's after the next23 governor-elect is sworn in.24
That's exactly what25 85 12.8.10 - PUB PROP/PUB WORKS - BILL 1008421 prompted us to do this.2 COUNCILMAN DiCICCO: That's the3 concern that I have about not approving4 this lease agreement. Thank you. Thank5 you, Mr. Levy.6
Thank7 you.8 Mr. Gallery, we'll give you one9 more shot here; otherwise, we'll go back10 and forth all day.11
I simply want to12 ask a procedural question. I don't know13 if there's anyone here who can answer it.14 The City Planning Commission15 has not taken an action on this bill.16
I believe, if I'm18 correct, that the City Council needs 3019 days after the Planning Commission makes20 a recommendation before it can act.21 COUNCILMAN DiCICCO: Yes.22
So the Planning23 Commission will not be acting before24 Tuesday, the 14th?25 86 12.8.10 - PUB PROP/PUB WORKS - BILL 1008421 COUNCILMAN DiCICCO: I --2
Which means that3 you could not take an action this month;4 am I correct, or am I incorrect?5 COUNCILMAN DiCICCO: I -- I6 don't --7
You're acting on8 the 14th and you have to wait 30 days9 after they act, don't you?10
I'm not11 aware, I'm not sure, I don't know.12 COUNCILMAN DiCICCO: I think we13 could pass it.14
Yeah.15 COUNCILMAN DiCICCO: And I16 don't know. Maybe somebody from the Law17 Department could answer that. In any18 event --19
I was told by --20 COUNCILMAN DiCICCO: -- if we21 don't act -- here's my point. If we22 don't act -- and maybe -- assuming you're23 right, if we don't act, the conditions24 that must be met will not have been met,25 87 12.8.10 - PUB PROP/PUB WORKS - BILL 1008421 and we lose that opportunity again2 because the governor-elect --3
Again, I4 completely understand what you're saying;5 I'm just asking --6 COUNCILMAN DiCICCO: That's my7 concern.8
-- a procedural9 question.10 COUNCILMAN DiCICCO: Yeah. I11 don't know --12
I was told by a13 member of the City Planning staff that14 City Council could not act for 30 days15 until after the --16 COUNCILMAN DiCICCO: On17 approval.18 (Indiscernible; parties talking19 over each other.)20
Earlier than 3021 days after the Planning Commission's22 action.23 COUNCILMAN DiCICCO: I think24 you're con -- what that refers to is the25 88 12.8.10 - PUB PROP/PUB WORKS - BILL 1008421 plan of development. We're not talking2 about a plan of development because it3 hasn't been offered yet. What we're4 talking about is legislation that will5 lease this site.6 The plan of development, you're7 absolutely right. We could not act until8 30 days after they've had an opportunity9 to review it. They're not reviewing10 anything -- I think I'm correct on11 this -- as of yet. This is just an12 action for us to lease that to CCD.13 The plan and all of the other14 things that need to occur in a process in15 a timely manner will occur later on. The16 question is: The RCAP Grant, is it in17 jeopardy or not? In my opinion, it's in18 jeopardy if we don't get it done.19
I understand20 that. I was just trying to ask for a21 point of clarification relative to the22 Planning Commission's action.23
All right.24 Thank you for your testimony.25 89 12.8.10 - PUB PROP/PUB WORKS - BILL 1008421 COUNCILMAN DiCICCO: We're not2 approving the plan; we're just approving3 the lease.4
We are5 actually waiting for about five minutes.6 There's going to be an amendment crafted,7 so there will actually be two amendments.8 (Short break taken.)9 (Proceedings resume.)10
Okay. The11 committee on Public Property and Public12 Works is back in session.13 Commissioner, are you going to14 be reading the proposed amendment?15 COMM. SCHLOTTERBECK: Yes, I16 am.17
Actually,18 it's two proposed amendments. One is19 somewhat of a technical -- you already20 talked about that?21 COMM. SCHLOTTERBECK: Yes. I22 talked about that at the beginning.23
All right.24 Can you present the...25 90 12.8.10 - PUB PROP/PUB WORKS - BILL 1008421 COMM. SCHLOTTERBECK: I am now2 introducing a second amendment to3 proposed Bill No. 100842. This will4 include a Section 3, which will read as5 follows:6 "Provided that the agreement7 authorized by this ordinance will include8 a provision that ensures the operating9 departments of the City that currently10 control and license events on Dilworth11 Plaza will continue to control and12 license events on Dilworth Plaza."13
Great.16 Thank you.17 Any questions by members of the18 committee?19 (No further questions.)20
There being21 none, is there anybody to testify on this22 bill?23 (No response.)24
There being25 91 12.8.10 PUB PROP/PUB WORKS - PUB. MEETING1 none, this will conclude the public2 hearing. We will now go into the public3 meeting.4 Councilman DiCicco, please give5 me a motion on the amendment to Bill No.6 100482.7 COUNCILMAN DiCICCO: Thank you,8 Mr. Chairman.9 I move that the amendment that10 has just been read into the record by the11 Public Property be approved.12
We actually13 have two amendments.14 COUNCILMAN DiCICCO: I'm sorry,15 that the two amendments that have been16 read into the record by the Commissioner17 of Public Property be approved to Bill18 No. 100842.19 (Motion duly seconded.)20
It's been22 moved and seconded.23 Those in favor of the24 amendments to Bill No. 100842 say aye.25 92 12.8.10 PUB PROP/PUB WORKS - PUB. MEETING1 Those opposed?2 The ayes have it.3 Councilman DiCicco, can you4 please give me a motion on the amended5 Bill 100842.6 COUNCILMAN DiCICCO: Thank you,7 Mr. Chairman.8 I move that Bill No. 100842, as9 amended, be reported out of this10 committee with a favorable recommendation11 and that the rules of Council be12 suspended so as to permit first reading13 at our next session of Council.14 (Motion duly seconded.)15
It's been16 moved and seconded.17 All in favor?18 Those opposed?19 The ayes have it.20 Bill No. 100842 is reported out21 of committee with a favorable22 recommendation and a rules suspension to23 allow for first reading at the next24 session of Council.25 93 12.8.10 PUB PROP/PUB WORKS - PUB. MEETING1 Thank you. Thank you for your2 time.3 (Proceedings end at 2:06 p.m.)4 * * *5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 94 C E R T I F I C A T E2 I HEREBY CERTIFY that the4 proceedings of the City of Philadelphia5 Council Committee on Public Property and6 Public Works are contained fully and7 accurately in the stenographic notes taken by8 me on Wednesday, December 8, 2010, and that9 this is a true and correct statement of same.10 11 12 13 _________________________________ 14 JOSEPHINE CARDILLO Registered Professional Reporter15 16 17 18 19 20 (The foregoing certification of21 this transcript does not apply to any22 reproduction of the same by any means, unless23 under the direct control and/or supervision of24 the certifying reporter.)25