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Committee Hearing, November 26, 2007 (part 2)

Minutes from Philadelphia City Council Committee Hearings, Nov 26, 2007

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Ms. Tracy

It's a school --

Councilman Kenney

But it's a will that was broken for the common good. 184 11/26/07 RULES/PARKS and REC - BILLS 070955, 56

Ms. Tracy

But there was a very narrow piece that they expanded.

Councilman Kenney

I understand, but the will was broken for the common good.

Ms. Tracy

The will was expanded to allow those who were being --

Councilman Kenney

The will was broken, the will was changed for the common good. Okay, thank you.

Councilwoman Reynolds-Brown

And You said it was for a very narrow reason?

Ms. Tracy

Well, it was narrow because it was still keeping, you know, the education of orphan children. And it just -- you know, what it just expanded that education to include, as it should, all children. At the time of the will, there was a different, I guess, mindset about who could be educated and who could not. And, you 185 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 know, this goes back to -- Stephen Girard goes back to the Revolutionary times.

Councilwoman Reynolds-Brown

And so, again, to Councilman Jim Kenney's, the will was broken.

Ms. Tracy

I don't know that we would say it was broken; I would say it was interpreted to include -- it was amended. I think the will was amended.

Councilwoman Reynolds-Brown

Councilman Bill Greenlee and then Councilman Jack Kelly, please.

Councilman Kelly

I just want to follow up on the one thing you just said. Wasn't it the will that said males, and now you can have females or girls?

Councilwoman Reynolds-Brown

People of color, more specifically.

Ms. Tracy

People of color and I think --

Councilman Kelly

(Indiscernible.) 186 11/26/07 RULES/PARKS and REC - BILLS 070955, 56

Ms. Tracy

And I think it's also been amended to include girls -- are there as well now?

Councilman Kelly

Yes.

Councilwoman Reynolds-Brown

It is coed, yes.

Councilman Kelly

So they actually changed it from all males to now girls and boys. Thank you. So there are changes, and they have changed it. Thank you.

Councilwoman Reynolds-Brown

Thank you, Councilman Jack Kelly. Councilman Bill Greenlee?

Councilman Greenlee

Thank you, Madam Chair. I was actually going to ask a question along the same lines, but just a couple other quick ones, if I could. Miss Tracy, isn't it true -- you say destroy the park, but most of the park is still going to remain, is 187 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 it not?

Ms. Tracy

No, not really. I would say half of the usable space is taken away.

Councilman Greenlee

I -- that's not my understanding, and I have looked at this --

Ms. Tracy

Well, I have looked at it pretty closely too, Councilman. You know, because acres of it is 12 going down the creek, it's covered with 13 water, it's got trees. I mean, no one 14 can really walk and recreate on that 15 area. 16 So -- and the 20 acres are 17 prime land that's now -- 18

Councilman Greenlee

That's 19 used for the golf range now, right? 20

Ms. Tracy

Well, some of it is; I don't know that all of it is. I'd have to look at the map though. I think --

Councilman Greenlee

But on another line, you -- 188 11/26/07 RULES/PARKS and REC - BILLS 070955, 56

Ms. Tracy

But the City also gets 200 to 250,000, or 150 to 200,000 dollars a year to lease that park -- that golf range. So the City actually does receive income from that concession.

Councilman O'Neill

I think, historically, the numbers have been in the 20,000 range.

Ms. Tracy

Well, that's not my understanding from the park staff, but perhaps you have better knowledge than me.

Councilman Greenlee

But along the line of when you say "public use, private use," obviously Fox Chase Cancer Center is private, but doesn't it come into play that at some point what they do? We're talking about trying to cure cancer, we're talking about saving lives. It's not Wal-Mart, it's not Appleby's. I mean, doesn't reality come here somewhere? I mean, I know the law of 189 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 reality sometimes does the same thing, but when I hear the arguments against this bill, it doesn't seem -- and you did say it for a second there -- that there's a recognition of what this is. This is a world-renowned cancer center. I mean, that one individual that came up here to testify -- I'm sure there could be thousands of those who could command testify. Doesn't that come into play somewhere, what it is, what we're doing here?

Ms. Tracy

It's really an excellent question and I'm sure it's the one that everyone who's sitting before me is grappling, because no one can deny how proud we are, as Philadelphians, of this institution. And I think no one in this room that isn't grappling with cancer of a loved one, whether it's at Fox Chase or at Philadelphia -- Jefferson Hospital or Children's Hospital. I mean people are sick, and 190 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 we need to find ways to take care of them. But there is nothing that says it has to be done on park land. And there are other acres and other land around. And even on Fox Chase's own property, there is land that they could build on. They could go higher, they could go deeper. They're now building a parking garage that's above ground. Wouldn't that have been smarter to put that below ground and then put the building on top of it? So, I mean, we don't have to take away park land because, remember, Councilman, that park land is what keeps us all sane and healthy. And we're learning that municipalities --

Councilman Greenlee

Excuse me, but if you treat cancer, you're getting healthier too, you know. So come on. I mean, really...

Ms. Tracy

Well, we're not going to deny that, Councilman, that 191 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 you're going to get healthy, but having parks for future generations is something that we're -- but your basic was: If it's a good enough reason, do we not have to follow the law? If there are enough jobs that we can promise people, then we don't have to follow the law.

Councilman Greenlee

Well, as a --

Ms. Tracy

Listen to this: Under Pennsylvania law, the obligation to uphold the dedication is absolute, not discretionary. A political subdivision lacks the authority to assent to the use of public land for any purpose, even --

Mr. Primavera

I have to interrupt.

Ms. Tracy

If I could just finish -- (Indiscernible; parties talking over each other.)

Mr. Primavera

I don't want to 192 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 suggest that Miss Tracy is practicing law without a license, but I just want to state for the record that she's not a lawyer and she's quoting the law, and she shouldn't be practice the law without a license. We do have lawyers here from Pepper Hamilton who are experts in trusts and estates and City lawyers who say what we're doing is actually fine. The Orphans Court is routinely asked to improve these types of things, so I don't like to be lectured on the law by someone who's not a lawyer.

Council President Verna

Excuse me, Mr. Primavera, Mr. Primavera, and Miss Tracy, I think that we're arguing a legal issue here that will be addressed in the courts.

Councilman O'Neill

We have enough trouble with zoning issues let alone becoming Orphans Court and making --

Council President Verna

And I 193 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 think that's where it belongs. So if you don't mind, Miss Tracy.

Ms. Tracy

I don't mind at all.

Councilman Greenlee

Madam president, that's what I was going to say. I mean, I think we have to do what we think is right here, and the courts will make the decision.

Council President Verna

Exactly, exactly.

Councilman Greenlee

But I just wanted to bring out that I think it has to be considered on the record what we're talking about here. We're talking about a cancer center and, I think, not just an institution, not just a health-care institution, but a cancer center that's world-renowned. And I just -- I had to get that on the record. Thank you, Madam Chair.

Council President Verna

Thank you. 194 11/26/07 RULES/PARKS and REC - BILLS 070955, 56

Ms. Simon

My name is Doris Simon. I live one block east of Burholme Park and have been a resident there for over 30 years. As has already been said, no 7 one in this room disputes the importance of the Fox Chase Cancer Center to our community and the valuable work it performs. Having said this, I oppose the expansion of the Fox Chase Cancer Center into Burholme Park for three primary reasons. It is important to honor and preserve the will of Robert Ryerss, who bequeathed this land to the City of Philadelphia to be used as a public park for the use and enjoyment of the people forever. Second, the loss of precious park land and green space used and enjoyed by so many in the nearby communities is a vital quality-of-life issue. 195 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 Number three, this is essentially a residential area. There are no major thoroughfares in the vicinity. I know a traffic study has been done; however, the planned addition of some 4,000 employees would create major traffic problems and result in increased traffic flow through mostly residential streets. Traffic congestion during rush hour is already problematic today. In my opinion, eliminating parking lanes and improving traffic signals will do little to alleviate this congestion. Sometimes there can be a big difference between the right to do and doing the right thing. I urge City Council to do the right thing: Preserve the will. Don't replace green space with concrete. Thank you.

Council President Verna

Thank you very much. 196 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 Are there any questions or comments from members of the committee? (No further questions.)

Council President Verna

Thank you.

Ms. Gavin

My name is Jean Gavin. I'm a resident of Fox Chase and a cancer survivor, and I was cured by Old Pennsylvania Hospital in '89. There are two things that Councilman O'Neill said are important, and that's why he approved what is happening, or going to happen. One was the traffic report by Charlie Trainor. We have never seen that, and when I called PennDOT to get a copy of this new traffic report, there is no new traffic report. And when I was reading the Inquirer at the beginning of September, on a Sunday morning, the most dangerous bridge in southeastern Pennsylvania is on Cottman Avenue, right at the Pathmark's store -- the CSX bridge, 197 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 which the CSX railroad goes under that bridge. It is exactly the same kind of bridge built at the same time as the Rhawn Street bridge that we had replaced about five years ago, and it was necessary to do that. Everything was -- and when that was done, the traffic was so horrendous. Everyone remembers what that was. Now, when this Cottman Street Bridge goes, that's the way it's going to be on Rhawn Street, and we can't get a left arrow at the end of Rhawn on Oxford Avenue. So, I'll tell you, having a traffic report, we never had it. And the next thing is the park. He's going to purchase park land: There is nothing available, nothing. So why would you get rid of something you have nothing to replace it with. And the only thing -- the only 198 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 idea I've heard from Councilman O'Neill is that he would buy little pieces of land and we would have dog parks in Northeast Philadelphia. Give me a break. Now, let me tell you, how I found out about this meeting was -- and what was happening on our park, that there was going to be three- and four-lane highways all around the park, was by reading the Northeast Times on November the 8th, and Tom Waring wrote about how Councilman O'Neill is finally satisfied with the Fox Chase Cancer Center expansion because it can handle the additional traffic. I'd like to see that traffic report. I am at that park almost every day with my dog, and we walk, and the traffic there is horrendous. We can never go out on the Cottman side 'cause I'd be sitting there all evening, trying to get home. So I go through the park and you'd be surprised what a 199 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 time I have to get out onto the side road to get into the park because the traffic is using that 333 Cottman Avenue address as a thoroughfare. Now, when that was opened for the Cancer Center years ago, they signed an agreement, and in that agreement, they said -- one of the things they said was that they would close gates. Now, those gates are -- half of them are there now, and they have never been closed that I can see, and they were supposed to be closed every night at 6 p.m. They have never been closed. If the Cancer Center can't follow agreements that they've made before with the Park Commission, what makes the Park Commission and the City think that they're going to follow any agreements that they sign today? Because they won't. They pick and choose what they want. And what they're taking out of 200 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 the park is not just acres; it's the guts of the park. What we're going to have is a horse shoe, and that horse shoe, to get from one side of the park to another, when they build their beautiful buildings in the middle, that horse shoe is going to be the sidewalk down on Cottman Avenue to get to the other side. And this map up here that we were trying to figure out what it is, I have yet to figure it out. And I sent for it. And here it is, this is the size of it. I can only read numbers; I don't know where Cottman Avenue is. I've used my best magnifying glass. Could I get up there and show you where these things are?

Council President Verna

Please do.

Ms. Gavin

'Cause I'd like to find 'em. Now, where is Cottman here? This is Cottman Avenue and this is 201 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 (inaudible - off mic).

Council President Verna

If you don't mind, I think someone who's very familiar with the map can show you.

Councilman O'Neill

Mr. Garvey here.

Council President Verna

Mr. Garvey can show you exactly what it is you would like to see. (Mr. Garvey approaches map on display.)

Ms. Gavin

This here presently is park land and this is the woods and this is a little stream, and I walk my little dog right here every day and around the mansion every other day. But we walk through that park; that will not be open to us. I suppose we'll have another dog park somewhere in Northeast Philadelphia. Where is the golf course today? Here is the golf course. And there's a road that goes across here 202 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 that the Cancer Center uses regularly as a parking lot. And over here is a playground, and they say they're going to keep that (inaudible). They wanted to put it down on Cottman Avenue because the air was so much better, they died. I'll bet that will change here. This is high land. This part of this park is the highest park in Philadelphia, and it goes down to a stream. So you know the height -- the change in height is tremendous. It's a marvelous place to walk because you can really make your legs work and your lungs. This is a very healthy place as it is, but when you have all of this concrete, it's not healthy. Right now, they're building around this water tower. I don't know why that water tower is standing 'cause they're digging in where they took -- there's a protection fence around the water 203 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 tower. They had moved that from the side of their building. And they get away with that from the -- this city is letting this group work like they're God and they do nothing wrong. They're taking everything that we have.

The Witness

And you can't find park land. This is not a safe area. And when you have four lanes here and four lanes here and three lanes here and three lanes here, and this is our park? That's the plan. And it was written about and in the Northeast Times, and nobody wrote a letter and said it was wrong.

Council President Verna

Thank you very much. Any questions or comments from members of the committee? (No questions.)

Council President Verna

Thank you all very much for coming in to testify. 204 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 Our next witnesses? MR. McPHERSON: Kate Friend, Fred Gauss, Dr. Katherine Canty. (Witnesses come forward.)

Council President Verna

Please identify yourself for the record and proceed with your testimony.

Ms. Friend

Good afternoon. My name is Kate Friend. I'm a resident of Fox Chase for the past years, and 12 I've been a resident of Philadelphia my 13 entire life. 14 I have been a user of the 15 park, my children have been a user. We 16 have used the playground. I. 17 Was active in campaigning for 18 a better facility at the playground 19 approximately 13 years ago. At that 20 time, we met with Fox Chase Cancer 21 Center to ask for assistance, and we 22 were basically told at the meeting that they would look into it. And then I received a phone call a few days later from Mr. Garvey, telling me that, you 205 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 know, they had other ideas for the use of that area. And at the time, I really was very naive and didn't think any more about it. But three years ago, when I, you know, learned of the news that they already had this, you know, plan developed and they were going to present it to the community, I had this flashback. And I felt that the community should have been involved, you know, prior to three years ago, because it's obvious they've been very busy, making all of their connections, okay, for at least the past dozen years. So the community was left in the dark up until three years ago. And at that community meeting, it was basically a presentation by Fox Chase Cancer. And the community responded, and we asked -- we said, you know, could you just, you know, take a few steps backwards. We made some 206 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 excellent, excellent suggestions. We said, could you, instead of a 20-year plan, maybe come up with a 10-year plan? Could you, you know, think of different ways that you could maybe build up on your existing property? So what Fox Chase Cancer did was, they went back to the community, they did take some acreage off, they did, you know, revamp their plan slightly, but it was always from the perspective that this development was going to take place, and the community was powerless to stop it. I can tell you, to try to visualize what's going to happen to the park, all I can say to you is: Picture a rectangle divided into three sections. The left-most section is the wooded area, it's a natural area. The middle section is this driving range, this golf course and a wooded picnic 207 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 roof; that's the section they're going to develop. The right-most section are the ball fields. And then sitting at the top of the ball fields is the Ryerss Museum. Now, where they're going to put their buildings, okay, is going to be the central focus of the park. And you can see they're several stories high. I mean, they look like they're maybe five, six stories high, so they will be visible from every area in the park. This is going to eliminate the feeling of open space. Now, my children have flown kites at that park, they've sledded on the hill. I mean, that hill is going to stay, and they're still going to be able to fly their kites, but they're not going to be doing it with a feeling of open space; they're going to be doing it with a feeling of being in the shadow, okay, of a development. As far as the natural part of 208 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 the park, that is basically cut off from the community because the highway that's going to come in from Cottman Avenue, that's going to take you to the facility, is going to divide that -- the natural part of the park, and you're not going to be able to cross the street, you're not going be able to use it; you're going to have to come in from a different angle. It's going to change the way people in this community have used this park for at least the last 50 years. I mean, that's going through my lifetime. And, you know, like everybody pooh-poohs this golf driving range, but if you live in that area, you know that there is nothing else like it around; it cannot be duplicated, okay?

Ms. Friend

And I'm a cancer -- I am currently a cancer patient, and I can tell that you my treatment, okay, in the world of medicine is going to offer me no guarantees of my survival. And I 209 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 can also tell you that the treatment that you have to go through is so barbaric that you have to question, what are they doing? And you know this with your own families. I mean, the options that are available to us are not acceptable. And, you know, I'm going in mid-life, but I can't bear the thought that a five-year-old child has to go through what I actually have to go through. And, you know, I certainly appreciate and I applaud Fox Chase Cancer on their work as far as the research goes, but there's another side to the cure for cancer, and that is in our environment, that is in how we live our life. There is, you know, a proven connection between diet, exercise, stress, and toxins in our environment. Now, there's a movement within this city to plant trees, there's a movement 210 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 within this city to green it up. The resurgence and interest in people that are coming back to areas of this city that are being revitalized, those people want a walkable city, they want green areas. In Fox Chase, we already have that, and now we're being asked to give that up. What is that going to do to our property values? What does that do to the psyche of a community where you have people who invest countless areas of volunteer time and effort? And we're basically put in a position where we have very little say about what's going to take place in our community. As far as hearings on this went, they've never been publicized. As far as the Planning Commission hearing, I never knew about it. This hearing I found out through the Northeast Times. There's been no 24 effort to have a true hearing and to have true input from the citizens of 211 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 Northeast Philadelphia on this issue. Now, I can certainly appreciate your perspective, okay. Sitting at your place, you certainly want Fox Chase Cancer to stay, okay, and we all know they've threatened to leave to go to Bucks County if they don't get their way, all right? I think that's a bullying tactic, and I can tell you right now that I think they need us more than we need them. They've put a tremendous amount of finances into that site; they're not going anywhere. The other thing is on the long term, okay, the long term is when you want people to stay, okay. You want families. You may have these sections of the City where are coming in and are not married yet, they don't have kids; they're going to want to settle in a good, solid community. And that's what Fox Chase offers people, okay. If anything, it detracts from that 212 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 feeling, and it really has to be scrutinized, because you need to balance the health of your community. Okay? Sure, you want some business, okay? But once that gets out of balance, okay, and once you have people that are unhappy, you're also going to have people who are not going to want to stay. Okay, you have people looking at this situation, saying -- you know, and Fox Chase Cancer, we know that the facility is going to go in, we know it's a done deal. But I just want to tell you when it's done and people see that sitting there, okay, they're not going to be happy all right? A lot of people, you know, couldn't come today because they work, all right? I had to take a half a day off, okay? I come down and then I don't even know what time it is. I've been here since o'clock, okay? 213 1 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 So I'm discouraged because I saw everyone go before us and all the park people were left to the very end, and that's the way it's been through the whole process. So my request is that -- and I've also heard that this is going to get pushed through next week at City Council.

Ms. Friend

My request is that if you really want to be fair about this, come to the community. Take a field trip, look at the park, see what's going on there. Come to a community meeting, listen to what people have to say, okay? Because that's really what the new Philadelphia is about, okay? This deal that's been proposed, that's the old Philadelphia, okay? People don't want any parts of that, okay? You have a new administration, you have a new opportunity. I urge you to take full advantage of it. Thank you. 214 11/26/07 RULES/PARKS and REC - BILLS 070955, 56

Council President Verna

Thank you very much. I guess I ought to say "good evening." Thank you for your patience. Please identify yourself for the record.

Mr. Gauss

Council President Verna, thank you very much. My name is Fred Gauss, and I live with my family -- or I have lived with my family for over 40 years in Fox Chase, and I live directly across the street from the park. I'm also a member of the Friends of the Ryerss Museum, the Fox Chase and Burholme Civic Association, and the Friends of Fox Chase Farm. So I'm active in the community and I know there was mention about people liking to hear people that are kind of involved. My dad passed away two years ago from pancreatic cancer. And one of the things that I must thank him for is 215 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 my appreciation for nature. I've traveled around the country and the world, and one of things that always draws me is natural settings. I want to thank him for that. It's difficult to listen to testimonies regarding cancer 'cause I've been through it myself with my dad. During the past years, 12 Councilman O'Neill and I, we know each 13 other. We've been at opposite ends of 14 the park, and I think I can honestly 15 say that I have probably have been in 16 contact with him more than any other 17 individual in this room when it comes 18 to the Burholme Park. 19 And I think there have been 20 very few situations where, I guess, 21 we've been on the same page because I 22 dislike some of the things that have 23 gone on there, and I've voiced opinion. 24 I'm, I guess, very, very nature-related 25 when it comes to that. 216 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 As crazy as it was, or as it is, I was out in the park at 5:30 today, walking through the rain, because I knew the issue of usable land was going to be coming up, and I paced it today again, and I don't buy the fact that there's going to be a better or more usable space. I paced off the bottom part of the park as well as the upper portion in the rain, so you know I must be a little nuts. Councilman Kelly mentions about the golf range. I don't like that golf range there, either, especially if it's going to be used as the reason for giving it to the Cancer Center. That thing should have never happened 50 years ago, when they put it in, but somewhere along the line, it just keeps continuing, and everybody just keeps putting the stamp of approval on it. I testified against that years ago at the Fairmount Park 217 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 Commission, but money ruled. I think that's one of the things that's happening now is that the money will rule when it comes to the jobs. I heard about MBEC, union labor, et cetera, et cetera, et cetera. I don't like the idea that my rights are going to be trampled on to use the park. Whose right is greater; is it Fox Chase's or is it mine, or is it the people of Philadelphia? I guess that will be decided in the courts. I personally don't like the idea of giving the land to Fox Chase Cancer; not that I -- trust me, I love the Cancer Center. Do I think that's what's being offered here -- hey, that's great. I still don't understand why there's a Jeanes Hospital when I think, eventually, the Cancer Center will probably get that as well. So they're going to have an enormous campus there. Will it happen tomorrow? No. 218 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 Will it eventually? I think it will. When maternity wards get thrown out of the City, sometimes you start thinking about what's going on in the community. Traffic problems. I've been in that mess for the last number of years. I can show you on there, at the top of that map, where it goes to Rhawn and Oxford and then comes all the way down to the entrance of Jeanes Hospital. I've been in that traffic jam, and that's along Central Avenue and Hasbrook and Oxford. We've been talking about Cottman. Go along Oxford Avenue and the Huntington Pike. Fox Chase Cancer Center can tell you the difficulties on Huntington Pike or 232, because they have a facility that is right there, about directly on the boundary line. It is horrendous.

Mr. Gauss

And I don't think that all this new engineering is going to make the difference. I would appreciate 219 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 being able to call some people on Council as I'm sitting there, waiting for the traffic to subside. It's really bad. " You could take down that fence around the golf range in a day. And, trust me, I know that the picnickers will go in there, I know that the NEO will go in there and use it for park purposes. When you put up acres worth 14 of buildings, that's not -- you can't 15 take that down. It's over, it's gone. 16 There is nothing in the area. 17 I've used Pennypack. I can recall when 18 there were options where there was talk 19 about turning the Fox Chase farm into 20 condominiums back in the '80s. I remember stopping by Councilman O'Neill's office, law office, at that time, identifying my opposition to that. I'm grateful that the City was smart enough to get the land and to 220 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 turn it into something that's great for the community. There's only one parcel of land available in that area. I don't know how much it would cost to get, but I don't think it's the for sale. The only other one was the (indiscernible) site that's currently owned by -- or being developed by Holy Redeemer, the gentleman that was here today. That was a phenomenal piece of property that was now developed, senior citizen housing, 55 and older. Is it a good thing or a bad thing? Again, from my perspective, looking at it from nature's point of view, it's hard to take when you drive by there now, when you realize how close it is to Pennypack. And really, Pennypack is the only thing there that could satisfy individuals. I thank you for your time. I hope I've given you a little bit of the perspective of an individual who lives 221 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 across the street and loves the park. I think I've probably been in the area longer than most people around here. And, Councilmen, all of you, I hope you make the right decision. This is not a simple decision, trust me, 'cause you have a lot of things to balance. You're getting paid, you were elected to do the right job. I, however, wish to thank the Waln family for their past generosity in giving the park to us, to all of us. However, I regret, and hopefully will not regret, it being taken away. Thank you.

Council President Verna

Thank you very much. MR. McPHERSON: The last two witnesses that I have are Mary Wytesol and Tim Kearney.

Council President Verna

I believe Tim Kearney's testimony was given to the stenographer. MR. McPHERSON: I have no other 222 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 names.

Council President Verna

What was the other name? MR. McPHERSON: Mary Wytesol.

Council President Verna

Is she here?

Mr. Maurer

She left. She had to leave.

Council President Verna

Okay. Very well. Do we have anyone else to testify?

Mr. Beauvais

Yes, Madam President, Madam Chair. At the request of Councilman Clarke, we are looking to not amend the two ordinances with adding the exhibits, but we're going to take a moment to reexecute a fully and completely new EOP. And, hopefully, we can actually request that the rules be suspended at the time that the reports for committee happen this Thursday in order to allow for the amendments; i.e., the exhibits to be attached at 223 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 that moment.

Council President Verna

Are these the exhibits that we were told were given to the Chief Clerk's Office?

Mr. Beauvais

These are the exhibits for the equal opportunity plan.

Council President Verna

Oh, very well, very well.

Mr. Beauvais

But with that, we will also request that the rules be suspended for these two bills here today in order to allow for first reading this Thursday.

Council President Verna

Thank you.

Mr. Beauvais

Thank you.

Council President Verna

Do we have anyone else to testify on the two bills that have just been heard? (No response.)

Council President Verna

And, Councilman O'Neill, I can see that you really had quite a job on your hands.

Councilman O'Neill

I would 224 11/26/07 RULES/PARKS and REC - BILLS 070955, 56 just like to hand up to the clerk and the stenographer both the letter that was partially read into the record from Rhina Cutler, Deputy-Secretary for Administration for PennDOT, and also copies of the parking -- the resident -- the student prohibition of parking in residential areas around Holy Family University, which affects both my district and Joan Krajewski's.

Council President Verna

Sure. (Proceedings end at 5:30 p.m) * * * 225 C E R T I F I C A T E I HEREBY CERTIFY that the proceedings of the City of Philadelphia Council Committee on Joint Committees on Rules and Parks, Recreation & Cultural Affairs are contained fully and accurately in the stenographic notes taken by me on Monday, November 26, 2007, and that this is a true and correct statement of same. __________________________________ JOSEPHINE CARDILLO Registered Professional Reporter (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.)