COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON PARKS, RECREATION3 AND CULTURAL AFFAIRS4 5 6 Room 400, City Hall7 Philadelphia, Pennsylvania Monday, June 6, 20118 10:25 a.m. 9 10 PRESENT: COUNCILWOMAN BLONDELL REYNOLDS BROWN, CHAIR11 COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN CURTIS JONES, JR.12 COUNCILWOMAN MARIA D. QUINONES-SANCHEZ 13 14 BILLS 110056, 110367, 110379 and 110394 15 - - -16 17 18 19 20 21 22 23 24 25 2 1
Thank you.2 Good morning. We need to make sure that3 we honor the roles to ensure that there's4 a quorum present. We now have a quorum5 for the City Council Committee on Parks,6 Recreation and Cultural Affairs, and we7 will now move into what is a public8 hearing to hear testimony on the9 following bills: Bill No. 110056, which10 focuses on the Mann Center for the11 Performing Arts; Bill No. 110367, which12 speaks to the Kensington and Tacony13 Trail; Bill No. 110379, which captures14 Wissahickon Valley Park; and Bill No.15 110394, which is about Lloyd Hall.16 With us this morning are17 Vice-Chair of this City Council18 Committee, Councilman Curtis Jones, and19 colleague Councilman Bill Greenlee, and20 there are not yet -- oh, wonderful. And21 joining us is Councilwoman Maria22 Quinones-Sanchez, also a member of this23 Committee.24 I will now ask the Clerk to25 3 6/6/11 - PARKS - BILL 110056, ETC.1 read the title of the Bill Nos. 110056,2 110367, 110379 and 110394.3
Bill No. 110056, an4 ordinance authorizing the Commissioner of5 Public Property and the Commissioner of6 Parks and Recreation, on behalf of the7 City of Philadelphia, to lease the land8 and improvements known as the Mann Center9 for the Performing Arts, located on10 Parkside Avenue in West Fairmount Park,11 to the Philadelphia Authority for12 Industrial Development for sublease to13 the Mann Center for the Performing Arts14 and to enter into related agreements.15 110367, an ordinance16 authorizing the Commissioner of Public17 Property, on behalf of the City of18 Philadelphia, to execute a deed to the19 Philadelphia Authority for Industrial20 Development ("PAID") and to accept a deed21 from PAID, and to execute all other22 necessary documents, for the purpose of23 exchanging a parcel of City-owned land24 that is part of a larger parcel commonly25 4 6/6/11 - PARKS - BILL 110056, ETC.1 called the Kensington & Tacony Trail (the2 "K&T Trail") for a parcel of land in the3 Frankford Arsenal (the "Arsenal Parcel")4 and, upon completion of the City's5 acquisition of the Arsenal Parcel,6 incorporating the Arsenal Parcel into the7 K&T Trail, under the jurisdiction of the8 Department of Parks and Recreation,9 subject to certain provisions.10 Bill No. 110379, an ordinance11 authorizing the Public Property12 Commissioner, on behalf of the City of13 Philadelphia, to accept as a donation a14 deed from Nomar Corporation that conveys15 title to the City to the parcel of land16 identified as 7530 Anderson Street (also17 known as 315 Woodbrook Lane) in18 Philadelphia, Pennsylvania, subject to a19 conservation easement granted by Nomar20 Corporation to the Chestnut Hill21 Historical Society by a Conservation22 Easement agreement dated December 27,23 2006, and authorizing the Public Property24 Commissioner and the Parks and Recreation25 5 6/6/11 - PARKS - BILL 110056, ETC.1 Commissioner to execute all other2 documents necessary or appropriate for3 the purpose of accepting title to the4 Donated Parcel, subject to certain5 provisions.6 Bill No. 110394, an ordinance7 authorizing the Concession Agreement8 regarding the Lloyd Hall Cafe, dated9 January 7, 2011, between the City of10 Philadelphia and Cosmic Catering, LLC, to11 have an "Initial Term" of five years and12 a "Renewal Term" of five years, subject13 to certain provisions.14
Councilman15 Curtis Jones is not here to offer any16 opening remarks. Does my colleague,17 Councilwoman Quinones-Sanchez, have any18 opening remarks?19
Very well.21 We will then call up the first panel for22 Bill No. 110056. Please move to the head23 table, Mann Center for the Performing24 Arts, Mark A. Focht, First Deputy25 6 6/6/11 - PARKS - BILL 110056, ETC.1 Commissioner, Parks and Facilities, Parks2 and Recreation; Catherine Cahill,3 President and CEO. Please move to the4 witness table for our Mann Music Center5 for the Performing Arts. And Dennis Lee,6 consultant for the Mann Music Center for7 the Performing Arts.8 (Witnesses approached witness9 table.)10
13 DEPUTY COMMISSIONER FOCHT:14 Good morning, Chairwoman Reynolds Brown15 and members of the Committee. My name is16 Mark Focht. I'm First Deputy17 Commissioner of Parks and Facilities for18 Philadelphia Parks and Recreation. I'm19 here today to present testimony in20 support of Bill No. 8 As background, MCPA, the Mann9 Center for the Performing Arts, currently10 has a Master Concession Management and11 Operating Agreement with the City through12 the Fairmount Park Commission, now the13 Department of Parks and Recreation, to14 operate and maintain the facility. Since15 the Concession Agreement expires in six16 years, MCPA has requested a new agreement17 with the longer term in order to continue18 raising funds for the ambitious master19 plan that was approved by Fairmount Park20 Commission in 2004. That master plan21 calls for $35 million in improvements to22 the amphitheater, box office, concession23 facilities and other portions of the24 premise. 8 As negotiated, the new Lease9 Agreement would run for a term of almost10 30 years with renewal rights up to two11 additional ten-year periods, subject to12 MCPA's ability to reach specific13 fundraising targets. Under the terms of14 the agreement, the City will lease the15 land to PAID, who will in turn sublease16 the property to MCPA. The City will17 retain ownership of all improvements made18 to the facility during the term of the19 lease. MCPA will be responsible to20 operate, maintain and staff the facility21 during the term. 5 In terms of programming, MCPA6 will continue its mission to provide free7 admission for school children and8 non-profit organizations for several9 programs scheduled at the Mann Center10 each season. Under the new agreement,11 MCPA will continue to arrange for12 cultural events, which are defined as13 classical music, opera, ballet, et14 cetera, to be included within the regular15 event schedule and to seek sponsorship to16 underwrite free admissions for each17 cultural event as well as for the18 educational and outreach programs. 1 families. 5 Lastly, I would like to mention6 that the Office of Economic Opportunity7 has approved an economic opportunity plan8 for MCPA. 18 In closing, I am requesting the19 Committee's favorable consideration of20 Bill No. 3
We will4 listen to all testimony and then we'll5 proceed with any Q and A.6 Good morning.7
Actually, no.14 It's my second time here, and it's a15 privilege to be here. Thank you so much.16 It's really quite a remarkable space for17 a remarkable city.18
Thank you,20 Chairwoman Reynolds Brown and members of21 the Committee, for the opportunity to22 present this testimony on behalf of the23 Mann Center for the Performing Arts, the24 Mann, in support of Bill No. 110056. 1 name is Catherine Cahill and I am the2 President and CEO of the Mann. 14 Since its inception in 193515 under the name Robin Hood Dell Concerts,16 the Mann's mission has been the17 presentation of world-class entertainment18 in a beautiful Fairmount Park setting at19 affordable prices. 1 "who's who" of major musical artists from2 the classical, jazz, pop and gospel3 worlds. Additionally, performing arts4 companies of all performance genres have5 appeared on the Mann stage. 15 Giving back to our community is16 also part of the Mann's mission. Through17 our "Access the Arts Program," thousands18 of complimentary admissions are made19 available to Mann events through local20 community service and charitable21 organizations. 6 The Mann has begun implementing7 a master plan for the facility which was8 approved by the Fairmount Park Commission9 in 2004. The master plan includes10 rehabilitation, upgrade and improvements11 of the amphitheater, box office,12 concession facilities and other portions13 of the premises. The master plan is14 designed to be implemented in phases, and15 the first phase has been completed. The16 first phase included relocation of17 parking, building-accessible pedestrian18 paths, vehicle passenger drop-off areas,19 a new box office and two new plazas with20 concessions and restroom pavilions, the21 creation of a campus green, backstage22 renovations and the establishment of a23 promenade along the back edge of the lawn24 area seating. 1 good faith over the last several years2 while negotiating a long-term sublease3 agreement in implementing the first phase4 of the master plan, resulting, as Mark5 suggested, in an investment of nearly6 $15,750,000 in capital improvements at7 the facility. In doing so, the Mann8 complied with the economic opportunity9 plan attached to the proposed sublease10 and all other requirements related to the11 construction project. 15 Future phases of the master16 plan contemplate the construction of a17 new dining pavilion and education18 pavilion, private reception pavilions and19 improvements to the backstage and20 under-house facilities. In the21 aggregate, the Mann estimates that it22 will invest approximately 35 million in23 implementing the full master plan. 1 necessary for the implementation of2 future phases of the master plan, the3 Mann must be able to demonstrate to4 donors and sponsors that it has a5 long-term occupancy arrangement for the6 premises. Donors are unwilling to7 support a large capital project for a8 facility whose occupancy could be9 terminated in just a few years. 13 The economic opportunity plan,14 the EOP, attached to the proposed15 sublease as Exhibit E strongly encourages16 the meaningful participation of certified17 minority, women, disabled and18 disadvantaged business enterprises and19 minority and female workers in the20 business opportunities represented by the21 master plan. 1 the Mann and its contractors. 04 percent. 11 The Mann also remains committed12 to creating and maintaining jobs13 supporting women, minorities and City14 residents in its operations. The Mann15 contracts with private companies for most16 of its operational needs, including17 security, post events cleaning, parking18 and concessions. 17 In closing, I ask the18 Committee's favorable consideration of19 Bill No. 22
We thank23 you for your testimony.24 Good morning, sir. Might you25 19 6/6/11 - PARKS - BILL 110056, ETC.1 want to add anything to the record?2 State your name for the record.3
I'm Jerry Grabey,4 Vice-President, General Manager of the5 Mann Center, Madam Chairwoman. I'm here6 to help answer any questions and to7 support Ms. Cahill.8
Okay,9 then. And I do wish to acknowledge the10 presence, and I am sure able assistance,11 of consultant Dennis Lee. Thank you for12 your attendance here.13 So Councilman Curtis Jones,14 Vice-Chair of the Committee.15
Thank you,16 Madam Chair. And I want to thank the17 Mann Music Center for being a staple, the18 icon in Philadelphia. Having grown up in19 the shadow of the Mann Music Center in20 Wynnefield, it is very different than21 when I was a kid. It is not a building22 that is surrounded by a community, but it23 is a facility that engages the community24 by way of participation in both obviously25 20 6/6/11 - PARKS - BILL 110056, ETC.1 with job opportunities, economic2 opportunities, but also inputs, how to do3 things better.4 I've had an opportunity as a5 Councilperson to, A, do a tour with you;6 B, be a part of a lot of your thinking7 and then your outreach efforts, which I8 find to be a good example of how we9 evolve as institutions enriching the10 lives of young people through music. I'm11 actually looking forward to your concert12 series this summer, I will tell you that,13 and also interface with the community by14 way of parking concerns, other concerns15 that from time to time happen whenever16 you have a venue of this size. The thing17 of it is, you're not going to always get18 it right, but when you're responsive,19 when you address things head on, when you20 aren't living in a river in Egypt called21 Da Nile, it is good and it makes my job a22 lot easier.23 So I'm thankful for your24 involvement. We hope to have many, many25 21 6/6/11 - PARKS - BILL 110056, ETC.1 years of the Grand Old Lady of the Park,2 and that she should receive some3 facelifts from time to time, but we're4 anxiously anticipating -- there's a lot5 of positive things going on in the6 Parkside community. Even though it's a7 Philadelphia treasure, it is housed in8 the Parkside community, and what is good9 is that the management, you, Ms. Cahill,10 are a part of those good things with the11 business association, with the community12 groups in the area. You're not doing the13 promotion of that venue in a vacuum. And14 so for that, we are grateful, and the15 great partnership we have with the Parks,16 who took us on a four-hour tour when we17 first got elected, and one of those stops18 was the Mann. So we are thankful to the19 Board's involvement as well, making sure20 that they don't get complacent with the21 years of success, but strive each year to22 get better at what they do, and I'm happy23 to have the Mann Music Center as a part24 of the 4th Councilmanic District.25 22 6/6/11 - PARKS - BILL 110056, ETC.1 (Applause.)2
You're5 very, very welcome. Very welcome.6 I want to say thank you also7 for your attention to the equal8 opportunity plan. That is one document9 that we pay a lot of attention to. So we10 appreciate your thorough and11 comprehensive review of how the12 organization is moving towards that end.13 It should be well understood,14 however, that the EOP plan is one piece15 of this puzzle of leveling the playing16 field across the City when it comes to17 opportunities. Other areas where we look18 for participation of women and people of19 color is at the Board level and at the20 staff level.21 Please provide for us what your22 Board looks like, number of women, what's23 the total number of people on your Board.24
Right now we have25 23 6/6/11 - PARKS - BILL 110056, ETC.1 approximately 39 members of our Board. I2 don't have it in front of me, so I can3 send that to you under separate cover. I4 would say about 40 percent are female,5 and minority representation on our Board,6 probably about 15 to 18 percent. I'd7 have to just pull that for you.8
All right,9 then. If you would send that to us, that10 would be very, very useful as back-up11 information going forward.12 And in terms of the composition13 of staff, we hear what's happening on the14 non-professional end. Let's hear what's15 happening on the professional end. So16 just share with us what that looks like.17
We have a very18 small off-season staff, because we are19 fundamentally a seasonal venue. So we20 have about less than 15 people full time21 year round. Probably about 20 percent22 are minority. That would be about right.23 I can send you that information as well.24
I am leading by6 example. I would say that probably7 easily 75 percent of our team are women.8
One12 compliment, observation I've made in my13 years here in City Council on this14 Committee is that your outreach to young15 people is phenomenal. There aren't too16 many other institutions -- and I do meet17 arts and culture institutions -- in the18 City who get it right on a consistent19 basis. The reach that you do with20 seniors and young people and young people21 who come with learning disabilities is22 really commendable, and the work of the23 professionals over there you have24 responsible for that, their work product25 25 6/6/11 - PARKS - BILL 110056, ETC.1 shows. So if you could keep that going2 and just bottle that formula so that we3 could share it with some others, but we4 appreciate the work that you do in that5 area.6
And you9 should be. And you should be.10 Anyone else to testify on this11 bill? Please.12 Do you have any other comments,13 observations to make about this bill,14 those at the witness table?15
Okay,18 then. Thank you very much.19 Please.20 And if you would please forward21 that additional information to the Chair.22
Okay,24 then. Thank you.25 26 6/6/11 - PARKS - BILL 110056, ETC.1 (Witness approached witness2 table.)3
Please7 state your name for the record and8 proceed with your testimony.9
My name is Jihad Ali.10 I'm a representative of the Contractors11 Roundtable Group, which is an African12 American organization of contractors,13 both subcontractors and general14 contractors.15 Thank you, Councilwoman16 Reynolds Brown, Chairwoman, and other17 members of Council, for allowing me the18 opportunity to testify on Bill No.19 110056.20 Originally I came down here21 because I had a lot of concerns about the22 Mann and their previous MBE participation23 on some of their previous projects.24 During the testimony that they just gave,25 27 6/6/11 - PARKS - BILL 110056, ETC.1 they said that they had submitted EOP2 plans throughout -- I guess originally3 back in 2004. What I found interesting4 was that we didn't come up with the EOP5 requirement until, I believe it was, last6 year through the efforts of this Council.7 So, you know, although I'm sure I know8 what they're talking about, but it wasn't9 about an EOP plan, because it didn't10 exist back then.11 One thing, I originally was12 very concerned, but when I got here, I13 saw their consultant, Dennis Lee, and as14 you know, we had a big problem about the15 school on Girard Avenue.16
But it wasn't until18 State Representative Brown got involved.19 She got Dennis Lee. We were able to get20 in, meet with the contractors. It was21 very intense in the beginning, but Dennis22 was able to cool everything down. He got23 us to the table and we were able to24 get -- minorities were shut out of that25 28 6/6/11 - PARKS - BILL 110056, ETC.1 project completely.2
He got them involved.4 So I feel more at ease. I told5 Dennis what my concerns about with this6 was. One thing was, we didn't have7 copies of the reports that they mentioned8 in their testimony. We'd like to get9 those.10
We'd like to get --12 one of the main things under the EOP and13 OEO is the solicitation and commitment14 forms. That really tells the story --15
-- about18 participation. We'd like to get19 copies -- at least let the Council get20 them and we can get them from you.21
And the other thing,24 in terms of that culture, you know, when25 29 6/6/11 - PARKS - BILL 110056, ETC.1 they talk about culture, this weekend2 there was a screening of a movie that a3 recent graduate of Temple did. It's4 called The Ballet Dancer. I'd like to5 talk to Council about that later, and6 maybe you can talk to the Mann. Maybe we7 can work something out to get that8 screening out there for some of the other9 community that exists around and also10 help this aspiring Temple student, who is11 a recent graduate of Temple. I think12 that will be a great thing.13 But, Councilwoman, as I said, I14 feel more assured since I seen your15 representative.16 Councilman, you know how I17 feel. I live in your district. You know18 my concern about minorities and19 participation, because it's really like20 President Reagan said, we hear you, but21 we want to verify.22
When you talk about24 this stuff and when they talk about25 30 6/6/11 - PARKS - BILL 110056, ETC.1 minorities, we talk about minorities,2 sometimes they mean women. Well, we mean3 African American men. So we have to --4 we agree that everybody is all of one5 accord on this issue, but we just need to6 get the proof and find out.7
Surely.8 Let us invite Dennis Lee to the witness9 table.10
I agree that14 State Representative Vanessa Brown was an15 integral part of the negotiations with16 the school, the charter school, on Girard17 Avenue, but also there was some quiet,18 behind-the-scenes meetings with myself19 and Councilwoman Blackwell with the20 school and the contractor about inclusion21 and what that meant.22 I think it's everyone's job, as23 the Councilwoman talks all the time about24 having projects look like Philadelphia25 31 6/6/11 - PARKS - BILL 110056, ETC.1 and having projects look like the2 marketplace in which they serve, and what3 I found to be true is once -- sometimes4 it takes a little bit to get the dialogue5 started, but once it gets started and6 once we have people who understand, like7 Mr. Lee, the construction process and8 where there are opportunities, where9 previously people didn't believe there10 were. A lot of times some of the11 rationale for not including is that we12 didn't know this type of firm, specialty13 firm, existed. And when you know the14 marketplace and when you communicate with15 the marketplace, you'd be surprised what16 kinds of positive results can come of17 that kind of conversation and dialogue,18 and it dispels a lot of myths about it19 has to cost more. It doesn't.20
It doesn't23 have to be difficult to do.24 So I just wanted to put that25 32 6/6/11 - PARKS - BILL 110056, ETC.1 out there.2
I3 underscore that and put it in bold4 letters. We need you to agitate, because5 typically you are on the front line, in6 the trenches, seeing it up close and7 personal about what is not happening, and8 we need your voice, your advocacy, you to9 call it to our attention so that we can10 continue to do what we have to do on this11 side of the table to ensure that folks12 who want to do business in the City of13 Philadelphia do it at all levels and go14 the extra mile to make sure what they're15 doing looks like Philadelphia. So we16 thank you for your needed work.17
Mr. Dennis19 Lee, if you would simply state for the20 record who you are and the work that21 you're doing in West Philadelphia with22 the Mann.23
Madam Chair,24 Councilman Jones, my name is Dennis Lee.25 33 6/6/11 - PARKS - BILL 110056, ETC.1 I'm the President and CEO of The2 Consulting Group LLC, and I am doing3 community engagement, along with other4 things, at the Mann, but I also wanted to5 clarify something that Mr. Ali said in6 terms of Girard Avenue negotiations, but7 Councilman Jones already mentioned it.8 He was a tremendous help in that process,9 and I wanted to make sure that without10 his help and without the help of Vanessa11 Brown, Representative Vanessa Brown, and12 Senator Hughes, that would not be --13
-- what it is today.16 It is important. It is one of the things17 that I appreciate working with the Mann,18 is that they're understanding of it, and19 they were already doing a lot of it, but20 sometimes you have to tell your story.21
And they're telling23 their story better. So I am indeed happy24 to be a part of that and will continue to25 34 6/6/11 - PARKS - BILL 110056, ETC.1 press that issue. And we will provide2 the information that Mr. Ali asked for.3
I just had5 another question off of that subject.6 Not on that subject, but when you get7 another opportunity to come up, one of8 the things that Dell is doing on the9 performance end is trying to extend their10 season and be a little more eclectic.11 Mr. Ali talked about the screening of a12 movie and using the Dell in13 non-traditional ways. For example, the14 Dell is doing a commencement exercise for15 Dobbins High School, outdoor graduation16 of sorts, and I was wondering if that is17 in the thinking of the Mann as well, to18 be a little more eclectic with the usage19 of the facility.20
Councilman, I just21 saw someone there, and Chairwoman. I22 know that you're familiar with PhillyCAM,23 which is public access TV. So if you can24 put that at least on the table, that's25 35 6/6/11 - PARKS - BILL 110056, ETC.1 another venue that we use for media to2 get them involved, and because of your3 work of City Council and as Councilwoman4 Sanchez, she was also in PhillyCAM, and5 you can see how we can have outreach. So6 if that's something we can get the Mann7 to also incorporate, that will work out8 fine.9
Delighted to be12 back.13 Don't go away. First of all,14 thank you for your observations, your15 comments and your very keen insight.16 Absolutely to your point,17 Councilman Jones and Congress --18 Councilwoman --19
-- Blondell22 Reynolds Brown, we are absolutely23 advancing our artistic mission in many24 ways. In addition to the core main stage25 36 6/6/11 - PARKS - BILL 110056, ETC.1 programming that we have done on the main2 stage, we have opened our season earlier3 this year. We'll be closing our season4 later this year.5 On May 21st -- hopefully you6 all knew about this; we did send7 invitations -- the Mann initiated for the8 first time something quite different as a9 very important first step in building10 audience engagement. We threw open the11 Mann gates free of charge from 11:00 a.m.12 to 6:00 p.m. on May 21st. We entitled13 the program "Philly on Parade: The Best14 of Philadelphia." We had five stages15 running simultaneously throughout the16 campus. We had programming on the main17 stage. We had a children's pavilion18 where we had face painting and circus19 acts and all kinds of entertainment for20 families. We had over 6,400 people for21 the first time come through our doors22 free of charge to experience the Mann in23 a very different way. We were blessed24 with glorious weather. I'd like to25 37 6/6/11 - PARKS - BILL 110056, ETC.1 acknowledge PNC Arts Alive, who were2 instrumental in helping to support this3 new initiative of the Mann. We've4 already gotten funding for the second5 year to continue this important free6 family festival.7 As the Mann is primarily an8 evening entertainment, paid environment,9 we really wanted to be able to create a10 different circumstance to invite families11 of all walks of life. We had from tiny12 tots to grandparents. We had every13 stripe imaginable. Every person you14 could imagine came through our gates. It15 was very rewarding, and artistically a16 home run. We truly showcased the best of17 Philadelphia on five stages.18 That is one example of many of19 the new initiatives that we are20 undertaking to expand our audience base,21 to create a different cultural experience22 and to make it accessible.23
Very, very24 good. It's called non-traditional25 38 6/6/11 - PARKS - BILL 110056, ETC.1 thinking.2
Very good.5 Thank you. So be encouraged to have a6 subsequent sit-down with the leadership7 here regarding the young Temple student.8
Thank you11 very much.12 We will now move to Bill No.13 110367 focusing on Kensington & Tacony14 Trail, and we invite up the Department of15 Commerce, Development Coordinator, James16 Donaghy.17 Good day.18 (Witness approached witness19 table.)20
Good morning,21 Chairwoman Reynolds Brown and members of22 the Committee. My name is James Donaghy23 and I am Development Coordinator at the24 Department of Commerce, and I'm here25 39 6/6/11 - PARKS - BILL 110056, ETC.1 today to testify in support of Bill2 110367.3 This bill authorizes the4 exchange of a parcel of City-owned land5 that is part of a larger parcel commonly6 called the Kensington & Tacony Trail for7 a parcel of land in the Frankford8 Arsenal.9 The City of Philadelphia owns a10 railroad spur that runs behind the11 Frankford Arsenal. The owner of the12 Frankford Arsenal wants to acquire the13 spur to support development of a new14 retail center at the Frankford Arsenal.15 The spur is part of the former Kensington16 and Tacony Railroad, which the City17 acquired to develop a recreation trail18 along the Delaware River. The spur has19 little recreational value, however, and20 is occupied by unused tracks and a large21 deteriorating wall. The Frankford22 Arsenal land the City would acquire is23 adjacent to the main line of the24 Kensington & Tacony Trail, which is being25 40 6/6/11 - PARKS - BILL 110056, ETC.1 developed as part of the North Delaware2 Riverfront Greenway and Trail.3 The land the City would acquire4 has a higher value as parkland than the5 spur the City would convey, and it is not6 occupied by any existing structures. The7 owner of the Frankford Arsenal will, at8 the direction of the Department of Parks9 and Recreation, landscape the land to be10 conveyed to the City. The land will11 enhance Delaware River Greenway by12 providing additional riverfront access13 and parkland to the citizens of14 Philadelphia.15 The Frankford Arsenal site will16 be better positioned for commercial17 development as a result of this proposed18 land swap, which will allow development19 of the northern edge of the property.20 Currently restricted by an existing21 Philadelphia Water Department sewer,22 Council has previously approved a change23 to this sewer right-of-way to support24 development when it occurs.25 41 6/6/11 - PARKS - BILL 110056, ETC.1 This concludes my testimony,2 and I ask the Committee to report this3 bill out with a favorable recommendation,4 with a recommendation that the rules be5 suspended to permit first reading at the6 next regularly scheduled meeting of the7 whole Council.8 Thank you for the opportunity9 to testify today, and I'd be happy to10 answer any questions you may have.11
We thank12 you for your testimony very much, and I13 will -- and I should never assume14 anything at this table, but I'm going to15 think that my colleagues -- I have no16 questions, so I presume they do not as17 well.18
Let's next24 move to focus on Bill No. 110379,25 42 6/6/11 - PARKS - BILL 110056, ETC.1 Wissahickon Valley Park, and invite to2 the witness table our First Deputy3 Commissioner for Parks and Facilities,4 Mark Focht, and the Treasurer for the5 Wissahickon East Project, Dr. Arlene6 Bennett.7
Chairwoman, you8 didn't ask if other witnesses want to9 testify.10
I did not,11 and you're welcome to.12 You could be seated. Please be13 seated.14 And, Jihad Ali, if you would15 please come to the witness table.16 (Witnesses approached witness17 table.)18
Good morning, Council19 Chairwoman Reynolds Brown, members of20 City Council. My name is Jihad Ali. I'm21 here representing Contractors Roundtable22 on behalf of Bill 110367 on the Frankford23 Arsenal.24 What concerns me about that25 43 6/6/11 - PARKS - BILL 110056, ETC.1 project, that project -- the other2 development that they speak of, the3 shopping center, that's currently4 undergoing the demolition phase now, and5 if you can picture the former Arsenal in6 your mind, it's surrounded by like a7 ten-foot-high fence. It's really a gated8 community. You can't really see what's9 going on unless you see it from 95. I10 happen to travel on 95 extensively, so it11 caught my attention. I looked at it as12 they started demoing the various other13 aspects of that project.14 What concerned me about it was15 participation. Where is the16 participation? Are they making reports?17 Who is following it? I've sent some18 e-mails to the developer that was19 identified on record. He never20 responded. So what I'd like to ask today21 is for the Chairwoman if you would get22 copies of where they are in their23 participation.24 I notice that their contractor,25 44 6/6/11 - PARKS - BILL 110056, ETC.1 I believe it was Haines and Kibblehouse,2 they had an outreach session several3 months ago, but it was outside the City.4 So if we're looking for opportunities to5 be generated by Philadelphia residents,6 we need to have those type of job7 meetings somewhere in the City. And we8 need to have -- this is a major project.9 The demolition phase itself is major. So10 we need to really get on top of that.11
Thank you12 for raising the antenna again. And so we13 need to invite back to the witness table14 the Department of Commerce, Development15 Coordinator, James Donaghy.16 (Witness approached witness17 table.)18
So please19 update us, if you will, on where we are20 in the process. Has demolition actually21 started? Are we talking about the same22 parcel of land? Please enlighten us.23
Demolition has24 started, and, yes, we're talking about25 45 6/6/11 - PARKS - BILL 110056, ETC.1 the same parcel of land. It is a private2 development, so I certainly don't have3 the information that was being requested4 about participation.5
And so is6 that to suggest then that when it is7 private development and the City is8 involved in any phase of the transaction,9 private developers are then exempt from10 meeting or seeking to meet the11 stipulations we have regarding EOPs?12
No, I'm not13 suggesting that. I'm not familiar enough14 with the EOP law to suggest that. I'm15 just saying that I don't have the16 information because it is a private17 development, but I could certainly18 attempt to put the developer together19 with Mr. Ali and go from there.20
Any21 follow-up questions from my colleagues at22 all?23 (No response.)24
So25 46 6/6/11 - PARKS - BILL 110056, ETC.1 demolition has started, and the next step2 is what?3
The next step4 would be the development of the retail5 center. I don't know where they are in6 that -- what their timeline is on that.7 I know that they have requested to come8 before the Commerce Department9 Development Service Committee sometime10 this summer, which is usually the first11 step in moving towards construction.12
And what13 happens when they come towards that14 committee?15
That committee16 just helps any developers in the City to17 work through the City permitting18 processes, provides a contact within each19 of the departments that have any20 authority or oversight of construction21 projects.22
Okay,23 then.24 Mr. Jihad Ali.25 47 6/6/11 - PARKS - BILL 110056, ETC.1
Chairwoman, I would2 just like to mention -- are you an3 attorney?4
Neither am I. I'm7 not an attorney, but I'm familiar with8 that project, and one thing that I would9 like the Committee to consider is, any10 time the City is giving away land, land11 is a value. Permission, that's value.12 And through the work that you've already13 done with the other Council, Councilman14 Goode, you've established some precedent15 on what's required when we do those type16 of things, zoning, land, and we really17 haven't answered the question. The18 developer may have received some type of19 federal funding or state funding.20 So we need to get those21 questions answered before we can say22 what's required, but we do know that23 based on what we've done so far,24 permission, the land, this bill that's25 48 6/6/11 - PARKS - BILL 110056, ETC.1 here today, those trigger type of EOP2 requirements, and we would like to see3 those reports, because right now there's4 a lot of money being spent on demolition5 and that was great opportunities for our6 friends over at 332. We don't know how7 they're involved on that. We have8 demolition contractors, and we have to9 think about development on every stage,10 and every stage is an opportunity for11 inclusion of Philadelphians on these12 projects.13
Do you have17 to submit a plan when you convert18 government land or government-assisted19 land? Does that automatically kick in,20 Mr. Ali?21
My understanding was22 it kicked in on the zoning, because23 originally you rezoned this parcel. But24 what's unique about this project, it25 49 6/6/11 - PARKS - BILL 110056, ETC.1 really started like 2003 when they were2 trying to acquire the land. So what3 happened was, the timeline is 2003. You4 know, the ball starts moving, but through5 delays or whatever, then we moved to6 2010, where Council, through its7 leadership, established EOP, even the8 Mayor in 2008. So that happened. Now we9 just have to go back and make them adhere10 to the standards.11
What's the12 project size? I mean, what are we13 talking about? I know it's maybe a14 couple dozen acres, I believe.15
Yeah. I think20 the proposed development is a 500,00021 square foot retail center.22
Is that25 50 6/6/11 - PARKS - BILL 110056, ETC.1 Councilwoman Joanie Krajewski?2
Well, I've5 just spoken with -- please. Councilman6 Jones.7
I've just10 spoke with my legislative aide. I'm11 curious to know if this is another12 loophole where those who want to do13 business with the City and are not14 receiving City dollars but are benefiting15 from what this project represents. It16 appears based on information I've heard17 that a loophole exists, so we will18 explore that, get busy on it post haste,19 and my office will do a subsequent20 follow-up on -- what is the next step you21 just mentioned, Mr. Donaghy? They're22 about to come before what committee?23
The Development24 Service Committee, which is a committee25 51 6/6/11 - PARKS - BILL 110056, ETC.1 of the Commerce Department.2
Okay.3 Very well. So I want to put on the4 record that I would like my office to sit5 down with the appropriate professional on6 the Development Services Committee so7 that we can get a firm understanding of8 the link and another opportunity to9 ensure that the EOP is applicable at10 every stage up and down the ladder.11
All right.13 Thank you very much.14 Thank you, Mr. Jihad Ali.15
Just for the16 record, I do want to say that this land17 swap is equal value, equal acreage. It's18 about 1.5 acreage that's being swapped.19
Okay,20 then. Thank you very much.21 Okay. We will now move to hear22 testimony on Bill No. 110379 and we'll23 ask Ms. Mark Focht to proceed with your24 testimony.25 52 6/6/11 - PARKS - BILL 110056, ETC.1 DEPUTY COMMISSIONER FOCHT:2 Good morning again, Chairwoman Reynolds3 Brown, Committee members. Mark Focht,4 First Deputy Commissioner, Parks and5 Facilities, Philadelphia Parks and6 Recreation. I am pleased to appear7 before you today on behalf of the8 Department of Parks and Recreation in9 strong support of Council Bill No.10 110379.11 This bill authorizes the City12 of Philadelphia, operating on behalf of13 the Department of Parks and Recreation,14 to accept as a donation a deed from Nomar15 Corporation that conveys title to the16 City to the parcel of land identified as17 7530 Anderson Street, subject to a18 conservation easement granted by Nomar19 Corporation to the Chestnut Hill20 Historical Society by a Conservation21 Easement agreement dated December 27th,22 2006, and authorizing the Commissioner of23 Public Property and the Parks and24 Recreation Commissioner to execute all25 53 6/6/11 - PARKS - BILL 110056, ETC.1 other documents necessary or appropriate2 for the purpose of accepting title to the3 donated parcel.4 The parcel, which is known as5 Wissahickon East, is a naturalized and6 forested six-acre tract in the East Mount7 Airy section of the City. The parcel8 includes a small portion of the Cresheim9 Creek, the only open portion of the creek10 in East Mount Airy. The parcel is11 contiguous to and runs parallel to a PECO12 right-of-way on which a trail is planned13 to connect Wissahickon Valley Park to14 Montgomery County.15 Parks and Recreation has been16 working with the Wissahickon East17 Project, a community-based non-profit18 organization, and Nomar, the donor, to19 assure that the Wissahickon East parcel20 is preserved. Acceptance of the21 Wissahickon East donation into the22 Fairmount Park System supports Parks and23 Recreation's Green 2015 plan to add 50024 acres of new publicly accessible green25 54 6/6/11 - PARKS - BILL 110056, ETC.1 space to the City and furthers the2 Department's role as conservator of the3 City's forested land areas.4 In a November 10th, 20105 letter, Councilwoman Donna Reed Miller6 expressed her -- and this is in quotes --7 "enthusiastic support for the integration8 of the six-acre stretch of privately9 owned land that runs along Cresheim Creek10 into Fairmount Park, as proposed by the11 Wissahickon East Project," end quote.12 Additionally, I have received13 over 100 communications from near14 neighbors and citizens supporting the15 acquisition. We have worked closely with16 the Wissahickon East Project members17 during this process. Just last week we18 met in my office to discuss the outcomes19 of their community-driven visioning20 process for the conservation and21 preservation of this natural resource.22 Parks and Recreation is committed to23 continuing to work with interested24 community members once the property is25 55 6/6/11 - PARKS - BILL 110056, ETC.1 acquired.2 Therefore, I am requesting this3 Committee's favorable consideration of4 Bill No. 110379, and I ask that the rules5 be suspended so that the ordinance may be6 passed upon the second reading of7 Council.8 After my colleague,9 Dr. Bennett, speaks, I'll be pleased to10 answer any questions you may have.11
Thank you.18 Chairwoman Reynolds Brown and Committee19 members, my name is Dr. Arlene Bennett.20 I am pleased to appear before you today21 representing the Wissahickon East Project22 in support of Council Bill No. 110379.23 For the last 15 years or more,24 neighbors have worked to protect the six25 56 6/6/11 - PARKS - BILL 110056, ETC.1 acres accessed on the corner of Woodbrook2 Lane and Anderson Street from undesirable3 development and neglect. When we learned4 that the developers who owned the land5 wanted to build more than 20 homes,6 covering the creek bed, changing the7 character of the neighborhood and8 doubtless creating further problems for a9 delicate watershed, neighbors got10 together to form the Wissahickon East11 Project and started campaigns to save the12 land. The community stopped the housing13 development and negotiated a conservation14 easement that prohibits any future15 development.16 As of spring 2010, the17 Wissahickon East Project is a non-profit18 501(c)(3) entity with a volunteer Board19 dedicated to rehabilitating the land and20 making it a neighborhood jewel instead of21 an eyesore. The Wissahickon East Project22 strongly supports the incorporation of23 this parcel into the Fairmount Park24 System and intends to help with its25 57 6/6/11 - PARKS - BILL 110056, ETC.1 preservation, clean-up and renewal,2 creating a beautiful and safe park for3 the improvement of the community, which4 has no access to green space within5 walking distance today. The land has6 suffered from much neglect over the7 years. The creek bed has been eroded8 over time and there is much overgrowth of9 plants and invasive species. Public10 ownership would be beneficial to opening11 up access to this potentially beautiful12 wild space and will help us to work13 together with the police and community to14 proactively address issues such as15 dumping, late night parties and other16 negative activities.17 A few weeks ago, the18 Wissahickon East Project sponsored a19 community planning meeting to develop a20 vision for this land as it is21 incorporated into Fairmount Park. We22 arrived at a consensus regarding key23 features of the park. These include24 restoration of the environment, including25 58 6/6/11 - PARKS - BILL 110056, ETC.1 the creek bed; elimination of invasive2 species and clean-up of dumping that has3 occurred over many years; creation of a4 neighborhood park that people can walk to5 with natural trails, showcasing native6 plants and providing educational7 programming; consideration for the needs8 of many constituencies in the9 neighborhood such as youth, people with10 mobility issues, bird watchers, walkers11 and the impact on immediate neighbors of12 the park; signage, park regulations and13 safety features that ensure the park is a14 safe, welcoming place for the15 neighborhood that is not conducive to16 dumping or illegal activity; and,17 finally, a vision for connecting with18 other groups and agencies who have19 similar goals for the connecting and20 restoring green spaces all along the21 Cresheim Valley such as the Friends of22 Cresheim Trail, Fairmount Park, Friends23 of the Wissahickon, East Mount Airy24 Neighbors, et cetera, and other groups.25 59 6/6/11 - PARKS - BILL 110056, ETC.1 The Wissahickon East Project2 recognizes that we will need to3 contribute much volunteer and fundraising4 efforts to realize our vision for this5 park, and we are ready to do so. We are6 grateful for this opportunity to7 incorporate this land in Fairmount Park8 and, therefore, request this Committee's9 favorable review of Bill No. 110379.10 I would be happy to answer any11 questions you may have at this time.12 Thank you very much.13
We thank14 you for your testimony, you both.15 Please. Councilman Jones.16
Yes. Thank17 you, Madam Chair.18 Help me -- a couple of things.19 Number one, Upper Wissahickon,20 Wissahickon East. Is there a map kind of21 that you could provide Council so that we22 can kind of get a better sense of where23 these borders, influences and concerns24 are? That would be helpful to me.25 60 6/6/11 - PARKS - BILL 110056, ETC.1 DEPUTY COMMISSIONER FOCHT:2 We'd be pleased to.3
It's within9 walking distance. I would say no more10 than about a quarter of a block. When we11 go off of -- Anderson and Woodbrook come12 together like this, and you walk just a13 very short period into the woods and14 you're right there.15
So those six16 acres were owned by whom?17 DEPUTY COMMISSIONER FOCHT:18 They've been owned by the Nomar19 Corporation for approximately, I guess,20 close to 50 years. It goes back to the21 early 1960s. And over the years, they've22 on again/off again had different23 development plans or schemes for the24 parcel, and as Dr. Bennett noted, the25 61 6/6/11 - PARKS - BILL 110056, ETC.1 community members were successful in2 negotiating a conservation easement. So3 today the land is conserved in perpetuity4 as open space, even though it's privately5 owned. It can never be developed.6
Were these7 developers compensated for that land in8 some way?9 DEPUTY COMMISSIONER FOCHT:10 Yes.11
By who?12 DEPUTY COMMISSIONER FOCHT: By13 the Chestnut Hill Historical Society,14 through the process of the tax benefits15 they accrued from the donation of the16 land -- or the donation of the easement,17 excuse me, to the Chestnut Hill18 Historical Society.19
Does this20 often -- this happen frequently when you21 have engaged citizens that find a way to22 do this? I know there's a section in my23 district, which I won't name at this24 juncture, that is very interested in that25 62 6/6/11 - PARKS - BILL 110056, ETC.1 process. But from time to time, how2 often does this happen, Commissioner?3 DEPUTY COMMISSIONER FOCHT: In4 my tenure with the Park, there have been5 a few parcels that we've accepted6 ownership of that started out as7 community supported, but it was generally8 direct acquisition by the City from a9 private landowner. This is the first10 parcel that I know in my knowledge that11 the community first got a conservation12 easement, convinced a private owner to13 sell a conservation easement on the land14 and then subsequently pursued donation of15 the land to the City.16
Doctor, were17 you involved in this process from the18 beginning?19
I am21 fascinated. I at some point would love22 to sit down with you and find out how and23 the steps that you and the community,24 more importantly, took to convince25 63 6/6/11 - PARKS - BILL 110056, ETC.1 landowners to do the right thing, if you2 would.3
Well, sir, we4 have a very special community at East5 Mount Airy neighbors. If something6 happens in our neighborhood that concerns7 us, people gather from all over. We8 don't meet and coffee clash, but we come9 together at this point in electronic age,10 e-mails get sent, faxes are going, people11 are walking their dogs and delivering12 flyers, and I remember many years ago we13 had our first meeting at Ancha Mafias's14 (ph) house and there were environmental15 lawyers. It's really heaven living16 there, because you can have doctors, have17 lawyers, committee people, Councilpeople.18 It's really great, and we just come19 together for important causes.20
I might21 add that this community was actually22 highlighted and cited in a national23 publication and mentioned some of the24 very things that you've just stated.25 64 6/6/11 - PARKS - BILL 110056, ETC.1
I cannot3 remember now which one it was, but it was4 a great salute to East Mount Airy.5
Yes.8 DEPUTY COMMISSIONER FOCHT:9 Members of the Committee, I would like to10 acknowledge sitting in the front row are11 other members of the Wissahickon East12 Project that have been critical to our13 dialogue over the last year or so.14 (Applause.)15
Please16 tell me, what is a conservation easement?17 DEPUTY COMMISSIONER FOCHT:18 Basically conservation easements are when19 a private property owner sells their20 development rights so that the land is21 preserved in perpetuity as open space,22 and there's non-profit organizations23 here -- in this community it is the24 Chestnut Hill Historical Society -- that25 65 6/6/11 - PARKS - BILL 110056, ETC.1 has bought conservation easements.2 Citywide, organizations like the3 Preservation Alliance of Greater4 Philadelphia have bought building facade5 easements where a building owner cannot6 change the facade of their building. So7 there's a number of forms easements can8 take. In this case, conservation9 easements in Northwest Philadelphia10 generally have been through the Chestnut11 Hill Historical Society.12
At some14 point I would be fascinated to know --15 not today. We'll let these people go16 ahead and have their easement and their17 legislation, but what are the18 considerations Fairmount Park takes? I19 mean, there would probably be a dozen20 lesser valued properties that would love21 to donate their land to the City. So I22 would love to know your thinking as to23 the valuation of a parcel and how it fits24 in to the Park system. Because this goes25 66 6/6/11 - PARKS - BILL 110056, ETC.1 back to the founding of the Park when we2 originally got private owners to donate3 land to the City that eventually became4 our Park system. So I didn't know that5 we were still amassing property to do6 that, and I would love to know, this is a7 good choice, this is a bad choice and how8 that process works.9 DEPUTY COMMISSIONER FOCHT:10 Sure.11
So it12 would be lesson 101 in conversation13 easements. So we're going to formalize14 that and ask that you meet with members15 of this Committee, those who may be16 interested, during the month of July to17 really walk us through that process.18 DEPUTY COMMISSIONER FOCHT:19 Sure.20
That would21 be extremely helpful for us on this side22 of the table.23 DEPUTY COMMISSIONER FOCHT: Be24 pleased to do that. We do have criteria25 67 6/6/11 - PARKS - BILL 110056, ETC.1 when we look at land, and I'll just share2 one of them with you, because the3 community members behind me are well4 versed in this. I mean, we do have some5 requirements that the community is not6 only supportive, but is organized. They7 received their 501(c)(3) status in part8 because we asked them to to help them to9 get organized so that we have a fully10 functioning, vested partner in the11 communities where we're looking to do12 this work. That's just one of the13 criteria, but I wanted to share that with14 you, because it was critical in our15 discussions between the Wissahickon East16 Project and Parks and Recreation.17
Okay.18 Very good. Thank you very much. Thank19 you both for your testimony.20 DEPUTY COMMISSIONER FOCHT:21 Thank you.22
Anyone24 else here to testify on Bill No. 110379?25 68 6/6/11 - PARKS - BILL 110056, ETC.1 Okay, then. We'll move to our2 last bill -- forgive me? Oh, please come3 forward, sir.4 (Witness approached witness5 table.)6
Thank you,9 Councilmembers. My name is Mr. James10 Villarreal. I'm a 33-year teacher of the11 local schools, public schools in the12 area, been in this Council Chambers many,13 many times for school issues, of course,14 over the years, and I happen to be a15 psychotherapist practicing privately in16 the area for 32 years. I just want to17 make a brief comment, especially for18 Councilman Jones's benefit.19 I am a minor participant in20 this project, but I did witness and see21 what occurred. When those developers,22 who bought the property for $66,000 back23 in the '60s, twice came around to make24 big presentations about all the homes25 69 6/6/11 - PARKS - BILL 110056, ETC.1 they were going to build and da-da-da and2 change the environment, and really never3 really wanted to do it, but they just4 wanted to get money from the community5 and they stirred all us up. The first6 night this community, her husband, there7 were 85 people came out to an Episcopal8 church on the first night, 85 people,9 organized, spoke their voices. The10 builders were very arrogant. We're going11 to do this, we're going to do that. And12 we showed them with the strength of that13 community that you will never ruin that14 piece of land. We will never let you get15 the violation of the federal zoning laws16 that they wanted to change, et cetera.17 There was such a tremendous --18 85 people came to the first meeting in19 the church, formed -- there's so many20 professional and dedicated people there.21 And when we came to one of the critical22 meetings and they were showing slideshows23 and looking at all this stuff, the woman24 next to me, Mrs. Overton, a retired25 70 6/6/11 - PARKS - BILL 110056, ETC.1 teacher, very active -- she is sick2 today, couldn't come -- I said to her,3 Ask them how much money they would take4 if they couldn't build the houses, and as5 soon as she asked the question, they6 turned off all their slides, they7 loosened their ties and they said, How8 about 1.3 million from your community?9 You guys have big houses. Raise 1.310 million. And the conversation changed.11 It was exactly what they wanted to do.12 That's all they wanted, was money, and13 they didn't want to build those houses14 anyway.15 So what took place, we knew we16 had them then. We're not going to give17 them 1.3 million. We found other ways18 that they could get a big tax write-off,19 $300,000. They got some money. They got20 out of the face, and now we're going to21 have a magnificent piece of land attached22 right to where we all live, with deer.23 Right now where I live, baby foxes this24 big were in my yard this week, small baby25 71 6/6/11 - PARKS - BILL 110056, ETC.1 foxes, like puppies. We're going to2 build probably environmental centers3 there for children to learn about nature4 like they have in Ambler. And this5 tremendous thing came a place because6 these people en masse stood up, met, got7 consultation from people like this,8 formed committees. But they fought and9 they would not let greedy, manipulating10 people take over and get millions of11 dollars from.12 So it's a very clear case,13 Councilman Jones, of a community rising14 up en masse, an educated, forceful15 community, rising up en masse and saying,16 no mas, no mas, and they prevailed and17 this beautiful piece of land is now part18 of the park and will have enormous19 development there with great use for the20 community. And I think it's a great21 thing that you got to learn about this,22 and, Councilman Jones, there are many23 other parcels in this city. William24 Penn's plan for this city when he came25 72 6/6/11 - PARKS - BILL 110056, ETC.1 was William Penn's Green Country Towne,2 with an E, and every so many blocks were3 supposed to be a city park, a full block.4 So look at how you're fulfilling the5 legacy.6 Thank you.7
And these10 folks here, they're heaven. They've11 worked their hearts and souls out.12 Wonderful.13
Well, let14 me say one of my favorite passages is by15 Margaret Mead where she said never doubt16 that a small group of committed, devoted17 citizens can change the world. In fact,18 that's the only thing that ever has. And19 so East Mount Airy neighbors certainly20 represents that.21 Thank you for your good work.22
Thank you25 73 6/6/11 - PARKS - BILL 110056, ETC.1 for your testimony.2 Let's now move to our last3 bill, No. 110394, and, again, we want to4 invite up Mark Focht and the President of5 Cosmic Catering, LLC, Peg Botto.6 (Witness approached witness7 table.)8
Good10 morning.11 Mark Focht.12 DEPUTY COMMISSIONER FOCHT:13 Good morning. Once again, I'm still Mark14 Focht -- hasn't changed -- First Deputy15 Commissioner of Parks and Facilities,16 Philadelphia Parks and Recreation.17 I am here today to present18 testimony in support of Bill No. 110394,19 authorizing the Commissioner of the20 Procurement Department and the21 Commissioner of the Parks and Recreation,22 on behalf of the City of Philadelphia, to23 issue an "Initial Term" of five years and24 a "Renewal Term" of five years for the25 74 6/6/11 - PARKS - BILL 110056, ETC.1 concession agreement for Cosmic Cafe at2 Lloyd Hall dated January 7, 2011 between3 the City of Philadelphia and Cosmic4 Catering, LLC. Joining me today is Peg5 Botto, owner and President of Cosmic6 Catering, LLC, who is also prepared to7 provide testimony in support of this8 bill.9 As background, the City of10 Philadelphia issued a request for11 proposal in August 2010 for the12 management and operation of the cafe at13 the Lloyd Hall Recreation Center. After14 reviewing proposals, a selection15 committee consisting of representatives16 from the Procurement Department, Parks17 and Recreation, and the Office of18 Economic Opportunity unanimously agreed19 Cosmic Catering, LLC, was the most20 responsive candidate and offered the best21 quality proposal for award of the22 concession opportunity. After executing23 the concession agreement, Cosmic Catering24 renovated the cafe, installing a new25 75 6/6/11 - PARKS - BILL 110056, ETC.1 commercial kitchen, new counters and2 display cases at a total cost of3 approximately $75,000.4 Cosmic Cafe is presently5 operating under a concession agreement6 with an initial term of one year with7 three annual renewal terms. The initial8 term of the concession agreement will9 convert to five years when this ordinance10 is approved and becomes law. Cosmic11 Catering has responsibility for all12 utility, maintenance and repair costs for13 the cafe space and provides a guaranteed14 annual concession fee of $15,600, plus 515 to 8 percent of gross revenues depending16 on the revenue level.17 Cosmic Cafe has been operating18 at Lloyd Hall since April 16th, 2011 and19 is a welcome amenity on the Lloyd Hall20 campus and along Boathouse Row. Park21 users, including the rowing community and22 the free sports league of Lloyd Hall and23 hundreds of thousands of recreationalists24 on the Kelly Drive Recreation Path, now25 76 6/6/11 - PARKS - BILL 110056, ETC.1 have the opportunity to rest and refresh2 at Cosmic Cafe.3 In terms of community4 programming, Cosmic Catering partners5 with Foundations, Inc. and Fresh Artists6 to incorporate and promote youth activity7 in the cafe space. Foundations brought8 students from MLK High School to plant9 the edible demonstration garden. The10 garden will have interpretive signage to11 educate cafe patrons about the12 ingredients in the foods they eat. Fresh13 Artists installed several works of art14 from the Philadelphia School District15 students to showcase their incredible16 artistic talents.17 Lastly, I would like to mention18 that Cosmic Catering, LLC, is a 10019 percent woman-owned business certified by20 the Office of Economic Opportunity.21 Cosmic Catering's participation22 percentage exceeds the participation23 requirements set forth in the RFP for24 this concession.25 77 6/6/11 - PARKS - BILL 110056, ETC.1 In closing, I am requesting2 this Committee's favorable consideration3 of Bill No. 110394 and that the rules be4 suspended so that the ordinance may be5 passed upon the second reading of6 Council. I'm pleased to answer any7 questions following Peg's testimony.8
Any9 questions by members of the Committee?10 (No response.)11
Okay.12 Please tell me -- you state that the13 proposal process kick-started August14 2010?15 DEPUTY COMMISSIONER FOCHT:16 Correct.17
How many18 proposals were submitted?19 DEPUTY COMMISSIONER FOCHT:20 Five proposals were submitted.21
What was22 the composition of those proposals in23 terms of Philadelphia residents and the24 like?25 78 6/6/11 - PARKS - BILL 110056, ETC.1 DEPUTY COMMISSIONER FOCHT: I'm2 sorry, Councilwoman. I'd have to get you3 that information. I don't recall the --4 I know at least two, in addition to Peg,5 I know two of the businesses were6 Philadelphia-based businesses. So I can7 say with certainty three of the five8 were. I'd have to confirm the locations9 of the other two.10
So there11 were a total of five respondents?12 DEPUTY COMMISSIONER FOCHT:13 Five respondents to the RFP.14
What was15 the process for letting the world know16 that this opportunity was coming?17 DEPUTY COMMISSIONER FOCHT: It18 went through the Procurement Department19 through the City's standard processes,20 through the website and eContract.21
Is this22 the first time Lloyd Hall has had a23 caterer contract?24 DEPUTY COMMISSIONER FOCHT: No.25 79 6/6/11 - PARKS - BILL 110056, ETC.1 This is the third -- Peg will be the2 third operator of the cafe at Lloyd Hall.3
You said4 that there was a one-year with three5 annual renewal terms in your testimony?6 DEPUTY COMMISSIONER FOCHT:7 Correct. We wanted to get Peg open for8 the spring season, and we knew it would9 take a while to get on Council's10 Calendar. So the agreement that we've11 signed with her is for one year, but in12 order so that she could open for the13 spring -- and, again, she opened April14 16th -- we wanted -- in order to15 acknowledge the 75-plus thousand dollar16 investment she's made in the facility,17 the RFP was written to be a five-year18 with a five-year extension. So we've19 started with a one-year agreement,20 brought this legislation to Council, and21 pending passage of this legislation, that22 one-year agreement will convert to a23 five-year agreement.24
Okay. I25 80 6/6/11 - PARKS - BILL 110056, ETC.1 understand that better. Five-year2 contract with five-year extension, is3 that the norm?4 DEPUTY COMMISSIONER FOCHT:5 There is -- that, in part, was through6 the development of the RFP, working with7 Procurement and other offices to8 determine what would be an appropriate9 term. We also during the pre-proposal10 meeting, which Peg and many other vendors11 showed up to, we got comments back from12 potential operators about the term that13 they would need to make a financial14 investment in the facility and have the15 business be viable. So based upon that16 input, we developed the five-year and17 five-year.18
So this19 allows an opportunity to actually make up20 for the investment you put in to21 kick-start the process anyway?22 DEPUTY COMMISSIONER FOCHT:23 Correct.24
Share with25 81 6/6/11 - PARKS - BILL 110056, ETC.1 us what your company looks like. It's2 owned and operated by a female. Speak to3 the composition of staff, et cetera.4
I could get you5 records of that. We have about a staff6 of about 15 people, and we have -- it's7 all mixed all across the board. We have8 all different colors and ages. I9 don't -- I could get you a list of how10 many people work there, because we have11 part-timers because caterers and we have12 some full-timers. We've only been open13 about seven weeks and we just started to14 open until 8 o'clock. So now we've just15 hired more staff.16
What is17 the location of your company? Where are18 you headquartered?19
We're right there20 at Lloyd Hall. I was 11 years at21 Chestnut Hill Farmers Market, and because22 of the -- we were so excited about Lloyd23 Hall and the opportunities there, I24 closed Chestnut Hill, which I was sad to25 82 6/6/11 - PARKS - BILL 110056, ETC.1 do that because I've loved Chestnut Hill,2 but I wanted to put my whole heart and3 soul into Lloyd Hall, and I think it's a4 great opportunity for myself and the5 surrounding people there.6
Talk to me10 about Foundations, Inc. and Fresh Artists11 a bit more, please.12
Sure. Foundations,13 I do a lot of work with them. I teach14 cooking classes and all at Martin Luther15 King. That's Foundations' Seeds of16 Learning. They have a farm there. And17 so I asked them -- we have a concrete18 planter outside and they came with the19 kids and they worked with the20 Horticultural Center to make a plan and21 we put all edible plants in there, and22 I'm working on signage for that. They're23 all starting to grow now, because it's24 been a couple weeks. And we're going to25 83 6/6/11 - PARKS - BILL 110056, ETC.1 have -- because people come by and look2 at it and they see what kind of -- we3 have tomatoes and peppers and kale and4 collared greens. And we'd like to do5 cooking classes.6 I also have the catering room7 upstairs as part of the agreement. It's8 downstairs the cafe and then upstairs I9 can have catering. So we'd like to do10 cooking classes upstairs and have11 educational classes to show, you know,12 like we grow it outside and we can cook13 it inside.14 And then Fresh Artists is a15 non-profit group that goes to16 underprivileged schools that don't have17 art programs and they make art, and we18 have it hanging up there. And she's19 brought quite a few people in to show20 people the art, and it's kind of fun.21 So we want to do not just a22 cafe and cooking. My goal is to teach23 people. We are a green catering company,24 which we've been for like ten years. I25 84 6/6/11 - PARKS - BILL 110056, ETC.1 don't use any plastic. We compost. We2 recycle. Like we don't -- we're not on3 the bandwagon saying we're green. And we4 want to show people that that's a part --5 we have signage saying that this cup is6 made out of cornstarch. We don't use7 Styrofoam ever, not even plastic.8 So our goal is to teach people,9 and we're getting a good response so far,10 because it's healthy there. People run11 and walk and stuff.12
Well, I13 must tell you, I've done a lot of reading14 on what First Lady Michelle Obama is15 doing, and your model represents what16 she's trying to do.17
Indeed.20 Any other questions from21 members of this Committee?22 Please. Councilman Jones.23
Madam Chair,24 it comes to mind that there might be an25 85 6/6/11 - PARKS - BILL 110056, ETC.1 issue among members, and maybe once we2 get this concession down there, as a3 promotional component to further First4 Lady Obama's point and then the First5 Lady of Council of menu labeling, which6 is you, it might be a reason to settle7 the debate who the best Council chef is.8 (Applause.)9
And maybe we10 might have to lay down the gauntlet in11 that regard. And, you know, also in your12 area of being genderless in that, I don't13 think that that is the sole vestige of a14 woman chef, in a kitchen. So that's15 something we may have to have for future16 consideration.17
Well, he18 certainly raises a very important point.19 Do you have a grill?20
Because22 that's the only thing he knows how to do.23 DEPUTY COMMISSIONER FOCHT:24 Councilman, I thought you were going to25 86 6/6/11 - PARKS - BILL 110056, ETC.1 say that you foresaw another tour of east2 and west park in your future.3
Well, we may4 want to bring the freshmen. There's a5 new batch of freshmen and --6 DEPUTY COMMISSIONER FOCHT: Of7 course.8
-- we may9 want to -- in fact, we had our first10 discussion about that on what tours, and11 obviously the Parks and Recreation --12
-- is a must15 do.16 DEPUTY COMMISSIONER FOCHT:17 Excellent. Thank you.18
Thank you19 for your testimony. It's very20 informative, and we thank you for hearing21 these continuing voices of trying to give22 everyone opportunity and the fact that23 you're even sustainable, that probably --24 and I'm not in position to do this, but I25 87 6/6/11 - PARKS - BILL 110056, ETC.1 can register my opinion, because we all2 have one. There may be an opportunity3 for us to put in these contracts some4 consideration, extra consideration, for5 companies who come before us and are6 indeed sustainable as well, for whatever7 that looks like.8 DEPUTY COMMISSIONER FOCHT: If9 I may, Councilwoman, in actuality, almost10 every RFP that Parks and Recreation now11 releases does have language in that12 strongly encourages to requires13 sustainable practice, and it has become14 one of our selection criteria, which is15 why when we were reviewing the proposals,16 Peg's long-term focus, again doing this17 for ten years up in Chestnut Hill Farmers18 Market, her focus on how she operated her19 business was one of the elements that was20 strongly in her favor in the selection of21 Cosmic. But that is standard language22 that's in most Parks and Recreation RFPs23 at this point.24
Good to25 88 6/6/11 - PARKS - BILL 110056, ETC.1 know. Thank you.2
Any other4 questions from members of this Committee?5 (No response.)6
With that7 said, then, we will conclude this public8 hearing and move to a public meeting, and9 we will ask Councilman Jones for a motion10 on Bill No. 110056.11
Thank you,12 Madam Chair. I make a motion to move13 Bill No. 110056 out of Committee with a14 favorable recommendation, that the rules15 of Council be suspended, thus allowing16 the consideration at our next scheduled17 meeting.18 (Duly seconded.)19
Bill No.20 110056 has been moved and properly21 seconded to be reported out of this22 Committee with a favorable recommendation23 and that the rules of Council be24 suspended so as to permit first reading25 89 6/6/11 - PARKS - BILL 110056, ETC.1 at our next scheduled session of City2 Council.3 All those in favor say aye.4 (Aye.)5
Seeing9 none, this bill will be reported out of10 this Committee with a favorable11 recommendation and the rules of Council12 be suspended so as to permit first13 reading at our next scheduled session of14 City Council.15 I'd like to ask Councilwoman16 Quinones-Sanchez to make a motion on Bill17 No. 110367.18
Thank19 you, Madam Chair. I move that Bill20 110367 be moved out of Committee with a21 favorable recommendation and the rules of22 Council be suspended to allow first23 reading at our next session.24
Can I hear25 90 6/6/11 - PARKS - BILL 110056, ETC.1 a second.2 (Duly seconded.)3
Therefore,4 Bill No. 110367 has been moved and5 properly seconded to be reported out of6 this Committee with a favorable7 recommendation and that the rules of8 Council be suspended so as to permit9 first reading at our next scheduled10 session of City Council.11 All those in favor say aye.12 (Aye.)13
Seeing17 none, this bill will be reported out of18 this Committee with a favorable19 recommendation and the rules of Council20 be suspended so as to permit first21 reading at our next scheduled session.22 The Chair now recognizes23 Councilman Jones for a motion on Bill No.24 110379.25 91 6/6/11 - PARKS - BILL 110056, ETC.1
Thank you,2 Madam Chair. I move that Bill No. 1103793 be moved out of Council with a favorable4 recommendation, that the rules be5 suspended, thus allowing first reading at6 our next scheduled meeting.7 (Duly seconded.)8
Bill No.9 110379 has been moved and properly10 seconded to be reported out of this11 Committee with a favorable recommendation12 and the rules of Council will be13 suspended so as to permit first reading14 at our next scheduled session of City15 Council.16 All those in favor say aye.17 (Aye.)18
Seeing22 none, this bill will be reported out of23 this Committee with a favorable24 recommendation and the rules of Council25 92 6/6/11 - PARKS - BILL 110056, ETC.1 will be suspended so as to permit first2 reading at our next scheduled session of3 City Council.4 The Chair now recognizes5 Councilwoman Quinones-Sanchez for a6 motion on Bill No. 110394.7
Thank8 you, Madam Chair. I move that Bill9 110394 be moved out of Committee with a10 favorable recommendation and that the11 rules of Council be suspended to allow12 first reading at our next public session.13 (Duly seconded.)14
Bill No.15 110394 has been moved and properly16 seconded to be reported out of this17 Committee with a favorable recommendation18 and the rules of Council will be19 suspended so as to permit first reading20 at our next scheduled session.21 All those in favor say aye.22 (Aye.)23
All those24 opposed?25 93 6/6/11 - PARKS - BILL 110056, ETC.1 (No response.)2
Seeing3 none, this bill will be reported out of4 this Committee with a favorable5 recommendation and the rules of Council6 be suspended so as to permit first7 reading at our next scheduled session of8 City Council.9 We want to thank everyone for10 your testimony. We want to say a huge11 kudo to the leadership of the East Mount12 Airy neighbors. This is my own editorial13 comment, and Chairs get a chance to do14 that. And I want to say thank you to Peg15 Botto for being a leader in growing a16 sustainable business.17 This concludes the meeting of18 the Parks, Recreation and Cultural19 Affairs Committee.20 Thank you.21 (Applause.)22 (Committee on Parks, Recreation23 and Cultural Affairs concluded at 11:4024 a.m.)25 94 1 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on June 6, 2011, and that7 this is a true and correct transcript of same.8 9 10 11 12 --------------------13 MICHELE L. MURPHY14 RPR-Notary Public15 16 17 18 (The foregoing certification of this19 transcript does not apply to any reproduction20 of the same by any means, unless under the21 direct control and/or supervision of the22 certifying reporter.)23 24 25