COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING AND PUBLIC MEETING BEFORE COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, June 17, 1999 9:55 a.m. - - - BILL 990451 - Authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to lease for a term of 30 years, for nominal consideration, certain parcels of land owned by the School District of Philadelphia as necessary to. . . (Full text of ordinance within body of transcript.) PRESENT: COUNCILWOMAN AUGUSTA A. CLARK, Chair COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN O'NEILL COUNCILMAN FRANK RIZZO - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 (215) 561-2220 6/17/99 PUB. PROP./PUB. WORKS Bill 990451 I N D E X Ken Sipos, Department of Public Property. . . Eric Iffrig, Director . . . . . . . . . . . . 5 Planning and Construction, Recreation Depart. Albert Phelan, Esquire. . . . . . . . . . . . Senior Attorney, Philadelphia Law Department 3 6/17/99 PUB. PROP./PUB. WORKS Bill 990451 P R O C E E D I N G S
Good morning. The Committee on Public Property Public and Public Works is now called to session. The secretary will please read the bill, the single bill that's before this committee today.
Bill No. 990451, an ordinance authorizing the Commissioner of Public Property (herein referred to as "Commissioner"), on behalf of the City of Philadelphia, to lease for a term of 30 years, for nominal consideration, certain parcels of land owned by the School District of Philadelphia as necessary to construct, operate, and/or utilize certain recreational facilities, in particular authorizing the leasing of the following: (i.) The Emanuel Recreation Center at the McCloskey School, at Pickering and Roumfort Streets; (ii) the Picariello Recreation Center located at Red Line and Calera Streets; and (iii) a portion of a parcel of land at the Rush School, at the Chalfont and Deerpath Streets, sufficient to permit the construction of an outdoor track and lighting; (iv) a portion of the parcel of land at the 4 6/17/99 PUB. PROP./PUB. WORKS Bill 990451 Fitzpatrick School at Chalfont and Deerpath Streets, sufficient to permit the construction of street/roller hockey courts; and (v) The Fox Chase Recreation Center at the Fox Chase School, at Rockland and Ridgeway Streets, all under certain terms and conditions.
Thank you. Would the record reflect that a quorum is present. There are this morning Councilman Frank Rizzo, Councilwoman Anna Verna, myself -- Augusta Clark, and Councilman Michael Nutter. In the room too is Councilman Rick Mariano. Oh, and Councilwoman Blackwell. Thank you. Good morning. Please introduce yourself for the record, spell your last name for the benefit of the stenographer, and proceed with your testimony.
Good morning, Madam Chair. My name is Ken Sipos, S-I-P-O-S, with the Department of Public Property. And I'm here with Eric Iffrig, I-F-F-R-I-G, from the Recreation Department.
Madam Chair, this ordinance 5 6/17/99 PUB. PROP./PUB. WORKS Bill 990451 is to put in writing the School District and the recreation sites that are on their property and Mr. Iffrig everything will talk about the particulars of it.
Good morning. My name's Eric Iffrig, Director of Planning and Construction with the Recreation Department. This proposed ordinance will allow the City to lease certain School District ground. The benefit of this ordinance and the subsequent agreement will be the legal basis for the City to operate and to improve these sites, define responsibilities for their maintenance, and to foster cooperation at the School District on City capital projects. The City and the School District been meeting to resolve the respective rights and responsibilities at several of their adjacent facilities. The following sites are contained in the ordinance: Emanuel Playground at McCloskey School, Fox Chase Rec. Center at the Fox Chase Elementary School, Chalfont Playground at the 6 6/17/99 PUB. PROP./PUB. WORKS Bill 990451 Fitzpatrick and Rush Schools, and Picariello Playground at the La Brum School. This list may be expanded if needed. Council interest in these matters has helped to spur this proposal, and the Recreation Department requests your support and that of your colleagues for this ordinance. At this time, I'd like to mention two places that the ordinance does have a misspelling on the name of Roumfort Street. I think that should be R-O-U-M-F-O-R-T, which could be corrected at a later point. And also, we would request a suspension of the rules to allow for first reading at today's session of Council.
Thank you. Please describe the proposed lease sites, including square footage and any buildings, improvements, or other buildings structures located thereon.
I thought you said "do they. . . " 7 6/17/99 PUB. PROP./PUB. WORKS Bill 990451 (Laughter.)
Oh, the size. Okay, I'm sorry. I missed the first part of the question.
We do have sizes of the proposed lease areas. It's 3.3 acres at McCloskey, 8.7 acres at the Emanuel Playground, 8.7 acres at Picariello, And 4.48 at the Rush School for Chalfont, and 1 acre at Fitzpatrick School for Chalfont, and roughly 1.75 acres for Fox Chase.
Thank you. You appear to be reading from something. Is that something you could provide us so that the stenographer's record will be complete and clear?
Certainly. It's just a facts sheet on the site as to the location, size current owner, and its effected improvements, and the proposed terms of the lease that we have been preparing.
Fine. We'd be very pleased to receive your facts sheet.
All right. Is 8 6/17/99 PUB. PROP./PUB. WORKS Bill 990451 there any exchange of money for any of this, any lease?
The lease term, I believe, is supposed to be for nominal considerations. I haven't seen copy that said "normal considerations," but I believe it's $1 lease for a 30-year term.
Also, as a point of information, it will be a land lease and the City will retain title to any improvements during the term of the lease that it makes.
That's very important, so I thank you for putting that on the record. How does this bill provide a legal basis for the City to operate and improve the proposed site?
The City -- my particular interest is in the -- or my major job is managing capital construction projects. And the funding for that capital construction project requires that the City have a real property interest in the real estate. Unless that is the case, the City 9 6/17/99 PUB. PROP./PUB. WORKS Bill 990451 should not be making capital improvements to any property in which they don't have that interest.
Are there any actual or potential environmental hazards involved with any of these properties? And if so, have you addressed that and held the City harmless?
We haven't done any environmental studies to date, but it is being discussed with the School District in terms as to who bears responsibility are being discussed. I believe the proposed term is that if any proposed improvement is to go forward, and there will be an environmental study done, the improvement can be stopped if there's potential problem, and the City will not venture in any further liability if there is an environmental problem. Most of these sites do happen to be in the Northeast, which were not developed industrial sites. Okay. And our attorney just told me that the lease does not become effective until we do have a satisfactory environmental study.
I appreciate that, right. And when the lease is done, we'll have our boilerplate language that holds us harmless? 10 6/17/99 PUB. PROP./PUB. WORKS Bill 990451
Come to the mike and put your name on the record, please.
My name is Albert Phelan, P-H-E-L-A-N, senior attorney with the Philadelphia City Law Department. We are in negotiations with the School District, and the School District says that -- obliges us to take them as is. So accordingly, we will end up by doing an environmental study of Phase I -- the Department of Recreation will. And then therefore, if there's anything disclosed, we'll go on and make a further study as to make a Phase II. But at that time, if the City's exposed, I believe then the Recreation Department will not go forward on that any further, and the 11 6/17/99 PUB. PROP./PUB. WORKS Bill 990451 lease will never become effective, and the transaction will be null and void as far as that.
Null and void. How long is the proposed term of the lease?
It's 30 years, okay. Are there any questions by any other members of Council?
Mr. Iffrig, your testimony indicates that additional sites may be added in the future. You and I have worked on at least one that may need to be added, and we're in the process of consideration of another one. The basis of your statement that other sites can be added, does that mean that the bill 22 would have to be put forward and primarily to amend section 1 to add to this particular list of, what is it, five schools?
In the case of a proposed amendment, would you come back for approval of Council?
Thank you. Are there any other questions? (No further questions at this time.)
The public hearing part of this hearing is over. We are now in public session. The Chair calls on Councilman O'Neill for the motion.
Madam Chair, I move that Bill No. 990451 be reported out of Council with a favorable recommendation and a recommendation that the rules of Council be suspended to allow for first reading at our next session. (Duly seconded.)
All in favor, say 13 6/17/99 Pub. Prop./Pub. Works - Pub. Meeting aye? Opposes, nay? So ordered. Let the record show that the spelling error is a scrivener's change and would not necessitate an amendment. Thank you very much, gentlemen, ladies. We are out of here. (Adjourned at 10:00 a.m.) - - - 14 C E R T I F I C A T E I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, June 17, 1999, were reported fully and accurately by me, and that this is a correct transcript of same. RE: COUNCIL COMMITTEE ON PUBLIC PROPERTY & PUBLIC WORKS BILL NO. 990451 __________________________________, JOSEPHINE CARDILLO, Registered Professional Reporter