Committee Hearing, June 12, 2008

COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, June 12, 2008 9:35 a.m. - - - PRESENT: COUNCILMAN DARRELL L. CLARKE, CHAIR COUNCILMAN WILLIAM GREENLEE COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN DONNA REED MILLER COUNCILMAN FRANK RIZZO BILL 080541 - An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to lease from The School District of Philadelphia certain property located in the vicinity of Byberry and Academy Roads... - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2

Good morning. This is the Committee on Public Property and Public Works. Will the Clerk read the title of the first bill.

Bill 080541, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to lease to the School District of Philadelphia certain property located in the vicinity of Byberry and Academy Roads for further sublease to the Academy Sports Association, under certain terms and conditions.

Thank you. (Witness approached witness table.)

Deputy. DEPUTY COMMISSIONER HERZINS: Good morning, Chairman Clarke and members of the Committee on Public Property and Public Works. My name is John Herzins. I am Deputy Commissioner of the Department of Public Property here today 3 6/12/08 - PUBLIC PROPERTY - BILL 080541 on behalf of the Commissioner to testify in support of Bill No. 080541, an ordinance authorizing the Commissioner, on behalf of the City of Philadelphia, to lease from the School District of Philadelphia certain property containing approximately acres of land located at 9 Byberry and Academy Roads for further 10 sublease to the Academy Sports 11 Association. 12 The City currently leases 13 approximately 15 acres from the School 14 District and further subleases to the 15 Academy Sports Association. This 16 ordinance will add approximately 11 17 acres, as well as provide for a ten-year 18 lease. The Academy Sports Association 19 has occupied a portion of this property 20 since 1984. The City is acting as a 21 pass-through to allow the School District 22 property to be used as ball fields and 23 for athletic and recreational activities 24 for members of the community. 25 We also have submitted for your 4 6/12/08 - PUBLIC PROPERTY - BILL 080541 consideration an amendment to the ordinance, which is a revised legal description for the parcel. The Department of Public Property supports this measure and, accordingly, I respectfully ask that City Council approve Bill No. 080541, as well as the amendment, and also request that the Committee vote this bill out of Committee with a favorable recommendation and that the rules be suspended to permit first reading at the next Council session. Thank you.

Thank you, Commissioner. For the record, let the record reflect that we have established a quorum: Councilman Rizzo, Councilman Greenlee, Councilwoman Krajewski, Councilwoman Miller and Councilman Kenney. Are there any questions of this witness by members of the Committee? 5 6/12/08 - PUBLIC PROPERTY - BILL 080541 Councilman, did you --

No. We have a small presentation.

We have a small presentation. It will be --

Following this.

Following this? Okay. No questions? (No response.)

Thank you very much for your testimony, sir. Any other witnesses on this particular bill? Please come forward. (Witnesses approached witness table.)

I see we have a special guest testifying today.

Yes. We have Marge Caputo from the Academy Sports Association, but also Mr. Tom Forkin from Speaker of the House, Dennis O'Brien's 6 6/12/08 - PUBLIC PROPERTY - BILL 080541 office.

I was speaking about the other gentleman at the table.

I know. I know. Tom, why don't you go first.

Thank you very much, Mr. Chairman, members of the Committee, Councilman O'Neill. Thank you for the opportunity to speak on this important matter. I'm here to request your support for Bill No. 080541 leasing approximately acres from the School 16 District of Philadelphia for use as 17 community athletic fields. 18 We want to particularly express 19 our appreciation to Councilman O'Neill 20 and his staff, particularly Bob Borelli, 21 for all their support, the introduction 22 and the expeditious handling of this 23 process. 24 As you may know, these fields 25 have been the subject of negotiations and 7 6/12/08 - PUBLIC PROPERTY - BILL 080541 review with the School District, the City Administration and the local community. In fact, we have Marge Caputo from Academy Sports with us here today. These fields have been used by Academy Sports since at least 1984, and they will now be additional acreage to be striped, to be graded, to be lighted for the use of the Academy Sports and their 400-plus families in Northeast Philadelphia, as well as open to the public. So we would ask that you would please give every consideration to this bill and pass it out of Committee today. Thank you very much.

Thank you. Please proceed.

My name is Margie Caputo and I'd like to say good morning to the Councilmembers, and I want to thank you for the opportunity to testify on behalf of the Academy Sports Association regarding the proposed ordinance in front of you today. 8 6/12/08 - PUBLIC PROPERTY - BILL 080541 This proposed area is for a lease of acreage which is adjacent to the Shallcross School property. I myself have been a resident of the growing Northeast community of Parkwood for 30 years and an active participating member of the Academy Sabres family for over 9 years. 10 For 31 years, the Academy 11 Sabres organization has welcomed the 12 challenge to meet the ever-growing 13 community needs for youth athletic 14 programs. We are an all-volunteer club 15 offering children from ages of 3 and a 16 half to 18 years of age the opportunity 17 to participate in organized sports 18 activities. Our programs include 19 baseball, softball, basketball, soccer, 20 and most recently we have added flag football to our achievements. We service in excess of 400 families and still continue to grow. Adjacent to our current field location is a viable opportunity of 9 6/12/08 - PUBLIC PROPERTY - BILL 080541 acreage, which is now an eyesore to our great community. The addition of this proposed property would allow us the necessary expansion to continue and grow our athletic programs. We are capable and ready to maintain this additional acreage. The removal of this hazard and the development of new athletic fields would be a great addition to our community. We envision this property as an opportunity to create a safe, useful environment for our children. On behalf of our Academy Sabres family, I encourage you to please vote favorably for this ordinance. Thank you.

Thank you. Councilman.

Thank you, Mr. Chairman. The bill includes acres 23 approximately, 15 that have been leased 24 for at least two ten-year periods, and 25 that lease expired in the last 10 6/12/08 - PUBLIC PROPERTY - BILL 080541 Administration. And I give credit to Speaker O'Brien who has been trying his hardest through the School District to get this ground, the extra acres -- 6 which used to be called the Swamp. It 7 will soon be additional fields -- 8 approved as part of a lease. 9 Six years ago it was approved 10 by the School District. It finally last 11 week, in a very shortened time frame, was approved by this Administration and coupled with the that had never been 14 released for another ten years. So this 15 is a 26-acre parcel now, 15 of which has always been fields for the last 20-some years. And so I would like to thank all those involved. Henry Schwartz was terrific. He was working all the -- we only had a few hours last Wednesday to get this together, and it was all done very well and very expeditiously. And I just ask the Committee to move the bill 25 with the amendment and also suspend the 11 6/12/08 - PUBLIC PROPERTY - BILL 080541 rules. Thank you.

Thank you. Any questions of these witnesses by members of the Committee? (No response.)

There being none, are there any other witnesses to testify on this bill?

I'm corrected. It's 10 and 10.9. But it's more than 20. They double counted five acres. I didn't make that up today. Thank you.

Thank you. Anyone else to testify on this bill? (No response.)

There being none, this concludes the public hearing. We will now go into the public meeting of the Committee on Public Property and Public Works. Councilman Kenney, can I ask 12 6/12/08 - PUBLIC PROPERTY - BILL 080541 for a motion on the amendment.

Thank you, Mr. Chairman. I move that Bill No. 5 080541 be amended accordingly with the amendments that have been circulated to the Committee. (Duly seconded.)

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

Those opposed? (No response.)

The ayes have it. Councilman Kenney.

Yes, Mr. Chairman. I move that Bill No. 21 080541, as amended, be reported out of this Committee with a favorable recommendation and a request made for a rules suspension to allow first reading at our next Council session today. 13 6/12/08 - PUBLIC PROPERTY - BILL 080541 (Duly seconded.)

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

Those opposed? (No response.)

The ayes have it. Bill No. 080541 is reported out of Committee with a favorable recommendation, with rules suspension to allow reading at the next session of Council. Thank you very much. (Committee on Public Property and Public Works adjourned at 9:45 a.m.) - - - 14 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on June 12, 2008, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (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.)