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Minutes

Committee Hearing, April 3, 2003

Philadelphia City Council Committee HearingsApr 3, 2003

COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS - - - Room 696, City Hall Philadelphia, Pennsylvania Thursday, April 3, 2003 9:30 a.m. - - - BILL 030075 - An Ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to acquire by purchase, lease or condemnation a certain temporary easement through 3500 Scotts Lane for sewer and drainage construction purposes, under certain terms and conditions. - - - PRESENT: COUNCILMAN JAMES KENNEY, Chair COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL CLARKE COUNCILWOMAN JOAN KRAJEWSKI COUNCILMAN MICHAEL NUTTER COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN - - - V A R A L L O, INCORPORATED LITIGATION SUPPORT SERVICES 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 I N D E X BILL 030075 PAGE KEN SIPOS, Public Property .................. PAUL MCCLOSKEY, Water Department ............ 3 04/03/03 - PUBLIC PROPERTY - BILL 030075

Councilman Kenney

Good morning, ladies and gentlemen, the Council Committee on Public Property and Works is now in session to hear testimony on Bill No. 030075. We have a quorum present, Councilmembers Nutter, Krajewski, Donna Reed Miller, and Councilwoman Blondel Reynolds Brown and Councilman Kenney, myself, as the Chair. The bill we're hearing today is an Ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to acquire by purchase, lease or condemnation a certain temporary easement through 3500 Scotts Lane for sewer and drainage construction purposes, under certain terms and conditions. Would you please identify yourself for the record and proceed with your testimony?

Mr. Sipos

Mr. Chairman and Members of the Committee, my name is Ken Sipos. I'm with the Department of Public Property. Public Property is here this morning to support Bill 030075, an ordinance authorizing the acquire by purchase, lease or condemnation a certain temporary easement through 3500 Scotts Lane for sewer and drainage construction purposes. 4 04/03/03 - PUBLIC PROPERTY - BILL 030075 This bill will permit the property and land to be used for sewer and drainage construction purposes by the Water Department. The Department of Public Property 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 you may have. And there's a representative of the Water Department here also.

Councilman Kenney

Thank you very much for your testimony. Please identify yourself for the record and proceed with your testimony.

Mr. Mccloskey

Good morning, Mr. Chairman and Members of the Committee. My name is Paul McCloskey. I'm from the Water Department. The existing main sewers, the main truck sewer in the East Falls area of the City. Currently, the sewer is in need of replacement and surcharge. However, a good portion of the existing sewers is covered by factory buildings and 5 04/03/03 - PUBLIC PROPERTY - BILL 030075 inaccessible. The existing sewer is in drainage right-of-way of former Ontario Street. The area in need of replacement is from Henry Avenue to the Schuylkill River. Currently, the industrial businesses in the area are experiencing severe flooding due surcharged stormwater sewer. The existing conditions will be further compounded by proposed large condo developments that are currently being planned for the area. In order to resolve these issues and to avoid condemning the area businesses, the Water Department plans to redirect the drainage in a new parallel sewer in and on a line of Allegheny Avenue from the Schuylkill River, crossing Kelly Drive, under Laurel Hill Cemetery onto 32nd Street. The sewer will then travel northward on a line of 32nd street costing Pep Boys parking lot, CSX Transportation Railroad and partially crossing 3500 Scotts Lane to former Ontario Street right-of-way. The sewer will be constructed totally in tunnels so as not to disrupt the community or most of the properties. The point of connection between the new sewer and the existing sewer shall be made in the undeveloped rear of 3500 Scotts Lane. The 6 04/03/03 - PUBLIC PROPERTY - BILL 030075 connection shafts shall be huge structure necessary to accommodate tunneling equipment. Further large quantities of debris from the tunneling operation will be removed at this location. In order to perform the work, it shall be necessary to deprive the owner use of the rear property for approximately two years. We also require access to the property from Scotts lane to the rear for access to the construction site. This ordinance authorizes Public Property to purchase, lease, or condemn a temporary easement from the owner and compensate him for the temporary denial uses and enjoy of a portion of his property. The construction easement shall last for approximately two years. We recommend that this bill be favorably reported out of Committee and respectfully ask that the Rules be suspended.

Councilman Kenney

Thank you very much for your testimony. Are there any questions for these witnesses? (No response.)

Councilman Kenney

Seeing none, is 7 04/03/03 - PUBLIC PROPERTY - BILL 030075 there anyone else in the room to testify on this bill? (No response.)

Councilman Kenney

Seeing none, that will conclude the hearing of the Public Property and Public Works Committee. - - - 8 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS - - - Thursday, April 3, 2003 - - - Public Meeting conducted by the Committee on Public Property and Public Works, held in Room 696, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILL 030075. - - - PRESENT: COUNCILMAN JAMES KENNEY, Chair COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL CLARKE COUNCILWOMAN JOAN KRAJEWSKI COUNCILMAN MICHAEL NUTTER COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN - - - 9 04/03/03 - PUBLIC PROPERTY - PUBLIC MEETING

Councilman Kenney

The Chair recognizes Councilman Nutter for a motion on Bill No. 030075.

Councilman Nutter

Thank you, Mr. Chairman. I move that Bill No. 030075 be reported out of this Committee with a favorable recommendation, a further recommendation that the Rules of Council be suspended so as to permit first reading at our next Session. (Duly seconded.)

Councilman Kenney

It's been moved and seconded. All in favor? (Aye.)

Councilman Kenney

There are none opposed. Bill No. 030075 reported out of this Committee with a favorable recommendation, and a request will be made for Rules suspension to allow for first reading at our next Council Session. Please let the record note that Councilmembers Clarke and Councilmember Blackwell are also in attendance for this hearing today. There being no further business of this Committee, we will now adjourn. Thank you. 10 04/03/03 - PUBLIC PROPERTY - PUBLIC MEETING (Council adjourned at 9:35 a.m.) - - - 11 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of April 3, 2003, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS ___________________________ Lisa C. Bradley, RPR and Notary Public