COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON PARKS, RECREATION AND CULTURAL AFFAIRS - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 6, 2007 10:55 a.m. - - - PRESENT: COUNCILWOMAN BLONDELL REYNOLDS BROWN, CHAIR COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO BILL 071085 - An ordinance authorizing the President of the Fairmount Park Commission and the Executive Director of Fairmount Park, on behalf of the City of Philadelphia, to enter into a lease with the Overbrook Park Civic Association... - - - 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
The City Council Committee on Parks, Recreation and Cultural Affairs is now in a public hearing to hear testimony on Bill No. 6 071085. Joining us this morning are Councilmembers, to my left, Councilwoman Marian Tasco; Vice-Chair of the Committee, Councilman W. Wilson Goode; and Councilman Frank DiCicco. I will now ask the Clerk to please read the title of the bill.
An ordinance 14 authorizing the President of the Fairmount Park Commission and the Executive Director of Fairmount Park, on behalf of the City of Philadelphia, to enter into a lease with the Overbrook Park Civic Association under which the City would lease Rose Recreation Center and appurtenant grounds and facilities to OPCA to occupy and maintain and use to operate programs benefiting the community, under various provisions.
Thank you 3 12/6/07 - PARKS - BILL 071085 very much. At one point we saw Councilwoman Campbell. Does a staff person representing Councilwoman Campbell care to speak on this bill at this hour? (Councilwoman Campbell is on her way.)
We'll proceed now with those first to testify on this bill, our Recreation Commissioner and Executive Director of the Philadelphia Fairmount Park. So if you all will please state your name for the record and proceed with your testimony.
Good morning and thank you. Mark Focht, Executive Director of Fairmount Park. Good morning --
Good 4 12/6/07 - PARKS - BILL 071085 morning, Councilwoman Campbell. Would you like to provide any opening remarks on this matter?
Would you like to provide any opening remarks on this bill?
Yes, I would. This property has really been a problem for us in the district. It's been there. There's always a lot of debris there, a lot of weeds, a lot of problems. About a year ago a minister came to me to want to purchase it, and we were under the assumption that the City owned it for a church. After many interviews with her, we agreed, and it was forwarded to the Commissioner of Public Property. We later found out that it was contamination. Some type of gas line is under the ground there, which 5 12/6/07 - PARKS - BILL 071085 contaminates the land, so there was a hold-up. And when they start negotiating about the price because of the contamination, Harambee School came to me. They then wanted it, which I was not aware of, for a school. In dealing back and forth with the problem, a couple months later Commissioner called me and told me that it seems like in 1925 that Fairmount Park came into the possession of this area, but they weren't cognizant of it. Frankly, at first, we had looked at the land. After we found out that we could not do the church and that we could not do a school, we wondered about the possibility, Congressman Brady and myself, of a village for grandparents raising grandchildren, but we didn't have enough time to get that off the ground. I had spoken to the City Solicitor about the grand village for the grandparents raising grandchildren. So he was back and forth with me about the 6 12/6/07 - PARKS - BILL 071085 possibility. During the interim, there are many, many organizations now up in Overbrook. You go through the streets and you can see hundreds of kids on the street, because where it used to be a middle-age category neighborhood and senior citizens, it's not. It's young couples with children. So I had met with the different groups. I think there were quite a few groups, and they said they needed structure, they needed a facility where they could all come together, form a cohesiveness to work for the best interest of the community. Now, I was told yesterday that Commissioner Richards said I had never mentioned this to him. Yes, I had, but maybe I wasn't clear. When I met with Commissioner Richards at Papa Recreation Center, which is kind of across the street from it, I had told him about the village I wanted to do for grandparents raising grandchildren, but it looked like 7 12/6/07 - PARKS - BILL 071085 we may not be able to. So we may have to do something with the community, because I kept getting complaints about the debris, about the high weeds, and a couple times I had to have NTI people go out there to clean it. So really it was kind of off the burner. I did talk to Overbrook Civic organization about the possibility of them being the umbrella organization over all the other organizations to come together to form a cohesiveness, to have structured programs, and Congressman Brady said he would get us some funding to do what had to be done. About two or three weeks ago, the City Solicitor called me and said that you need to go on this because you're running out of time, and to tell you the truth, I had so many other things on the plate, I really hadn't gotten around to it. Now, where I was remiss, I did not call Commissioner Richards after he called me, because it happened so 8 12/6/07 - PARKS - BILL 071085 fast. They called me one day, they had the bill next day. That's the way it happened. But this is a much-needed facility. We have up there -- we have Papa Recreation Center right across the street. We have another little area across the street, but we have -- in the time of violence that we have now and young people getting in trouble, we have an onslaught of hundreds of new children in that area. I only live five minutes away from it, so I know what's up there. And we have to start finding ways to incorporate these young people into structured programs to keep them busy to try to keep them out of trouble.
The Overbrook Civic agreed to work with the other organizations to bring around planning. Now, let me say this: The City Solicitor called me yesterday and asked could he have a meeting with Congressman Brady and myself to talk about the 9 12/6/07 - PARKS - BILL 071085 finality of the things that we really wanted to do. The Congressman was not able to come because he's in Washington and he said that he would be available probably next Friday, which I too. But I believe in this. I believe we need it. I don't live far away from it. I live there, so I know what's going on in the neighborhood and I know what we need. Thank you.
Thank you, Councilwoman Campbell. So at this hour you do not know if there are any outstanding legal considerations around this interest?
That's not what the City Solicitor told me. I didn't do the bill. The City Solicitor did the bill.
I had nothing to do with it. The City Solicitor drew it up the way he told me 10 12/6/07 - PARKS - BILL 071085 it should be done. He was the one that called me. Like I said, they called me on Wednesday, the bill was there on Thursday. Because I had so many things on the plate, to be perfectly honest, I had not dealt with it in the past few weeks.
Thank you. Any questions, remarks or comments for our colleague? (No response.)
Thank you, gentlemen. If you would please state your name for the record and proceed with your testimony.
And good morning, Chairwoman Reynolds Brown and Committee members. My name is Mark Focht. I'm the Executive Director of the Fairmount Park Commission and I appear before you today on behalf of the Fairmount Park 11 12/6/07 - PARKS - BILL 071085 Commission concerning Council Bill No. 3 071085 authorizing the City of Philadelphia, through the Fairmount Park Commission, to enter into a lease with the Overbrook Park Civic Association for the Rose Recreation Center and surrounding grounds in Cobbs Creek Park. I am here today to offer testimony neither in support of nor in opposition to this bill, but to provide some background information. The parcel of land referenced in the bill, which is located at the intersection of North 75th Street and Lansdowne Avenue, was acquired by the City in 1925 as an addition to Cobbs Creek Park and has been under the Commission's jurisdiction since that time. The Rose Recreation Center that is located at the site for many years is -- the facility and the surrounding grounds are used and maintained by the Department of Recreation. The underlying land is Fairmount Park. The facilities are the 12 12/6/07 - PARKS - BILL 071085 Recreation Department's. This is a similar relationship we have in many places throughout the City. The site contains a recreation building, playgrounds, ball fields, tennis and basketball courts. According to the Recreation Commissioner, Victor Richards, seated immediately to my left, the center is staffed and programmed with after-school programs, baseball, tennis and summer camps. Until this morning, I had not had the opportunity to have conversations with the Overbrook Park Civic Association concerning their interest in leasing this facility. I have subsequently had that conversation this morning. But prior to that conversation, we had no information upon which to render an opinion as to whether or not their proposed use of this site would conflict or complement the Recreation Department's use of this site and the underlying ground being preserved as open 13 12/6/07 - PARKS - BILL 071085 space for all citizens. I did have the opportunity to speak late yesterday with Councilwoman Campbell and understand about the upcoming meeting and that the parameters of the Civic Association's possible use of the site have not been fully determined. I would request that if this initiative moves forward, staffs from both the Recreation Department and Fairmount Park be involved in the discussions with the Civic Association, the Councilwoman and others as to how this land may be used in the future. Thank you.
Thank you for your testimony. Any questions or comments for this witness? (No response.)
Then please, Commissioner, proceed with your testimony. 14 12/6/07 - PARKS - BILL 071085 COMMISSIONER RICHARD: Good morning. For the record, Vic Richard, Commissioner of the Department of Recreation. I'd like to give a little history on how this property came to where it is today. I'd also like to acknowledge that I had one brief conversation with Councilwoman Campbell where she mentioned the possibility of wanting to lease this property out. I want to say approximately four years ago we were approached, me and the Department of Recreation and other departments, to look at parcels of properties, either vacant or constructed properties, that would possibly be put on the market as City surplus properties. The first priority of that search was to look for parcels large enough or facilities with buildings on them that were large enough that could possibly house what at that time the CEO, Mr. Vallas, was looking to do across the 15 12/6/07 - PARKS - BILL 071085 City to build what was called Campus Schools for Children in Philadelphia. I had approximately a dozen facilities, and out of that dozen, approximately a half a dozen fit the description as well, and Rose was one of them, and quite naturally, Rose was given back to us. The way this process works is, all of the management of property is managed through Public Property. We are the operators, and as the Executive Director, Mark Focht, said, we have tons of other properties like that where they may either own the property and we have a facility there that we run in conjunction on behalf of the City of Philadelphia or the same thing happens with the School District. For the record, I have never had a conversation in detail regarding the Overbrook or any other organization interested in wanting to run programs or whatever until earlier this morning. For the record, I'd like to say that we 16 12/6/07 - PARKS - BILL 071085 intentionally solicit and engage civic groups, organizations, community organizations, athletic associations to work hand in hand with the City to become a friends group or whatever in order to improve, increase, enhance service delivery or take ownership of parcels of property in the community in order to make them better. These are things that we do on a daily basis. The most recent lease that was put together was done in Councilman DiCicco's district back in August with the Queens Village Neighborhood Association and the City. So we work very diligently to do those things, along with the City Solicitor and also with Risk Management, to make sure all parties are covered legally and also to make sure, first of all, that it is public property and its intended use is maintained. So we welcome the opportunity to work with Overbrook or any other 17 12/6/07 - PARKS - BILL 071085 organization that has the interest to make Rose Playground and that entire community, Papa Playground as well, a better site for that neighborhood. So thank you.
Any questions for these witnesses? Councilwoman Marian Tasco.
Good morning, Commissioner. COMMISSIONER RICHARD: Good morning, Councilwoman.
When you did the assessment study for the various recreation sites some years back, what was the status of this site? COMMISSIONER RICHARD: That site? That site had enough property where it wasn't going to be too big or too small, and that's what they were looking for. They were looking for properties that were low usage, had the acreage. They weren't concerned a lot about the pre-existing structure there. 18 12/6/07 - PARKS - BILL 071085 They were more concerned about the area in the neighborhood. I had another property --
That's not what I'm asking. Remember we were going to close some facilities, some rec facilities, and some were going to stay open? What was the status? Was this a site to be closed? Remember the evaluation -- COMMISSIONER RICHARD: That site was going to be closed only due to the fact that it was going to be earmarked as an expansion of a campus school. Other than that, it would not have been on the "close" list because it was small, underutilized, antiquated, outdated. That particular property -- and I believe I had three others that I could name that were specifically earmarked to be transformed into a campus school for the School District. That was its only and intended purpose, and that's why this parcel was put on the City 19 12/6/07 - PARKS - BILL 071085 surplus list, strictly for that.
So now absent the school not going there, what are the plans for the Recreation Department to use the site and are there ongoing programs there now? COMMISSIONER RICHARD: At that time, that site and it was two or three others where I almost literally closed them to relinquish them and move the staff. At that same time, we took nine operation spots from Fairmount Park. So we started investing a lot of time directly across the street at Papa Playground. Right now we have a part-time employee there. Our goal is to get another full-time employee there and continue to build. And there is a very strong advisory council, an athletic association at Papa, and we'd love to do the same thing across the street at Rose.
Is there any opposition to leasing this site to the Overbrook Park? 20 12/6/07 - PARKS - BILL 071085 COMMISSIONER RICHARD: At this time, to my knowledge, the answer is no. 4
But you all haven't said yes to the -- COMMISSIONER RICHARD: No, ma'am. This is my first formal discussions as of today, this morning.
So, Mr. Focht, with your new found knowledge or information about the proposal, what do you think?
Well, again, Councilwoman, I just had a very brief conversation this morning. I would like to have more information about how the Civic Association intends to use the facility and the land. I agree with Commissioner Richard that there's great potential there, but we have little or no 21 information. We've had one conversation this morning and the conversation I had yesterday afternoon with Councilwoman Campbell about how the site might be used. We've seen nothing in writing. We 21 12/6/07 - PARKS - BILL 071085 have no sense of what the use of the land might be, what types of programming or how the facility might be used. I think it has great potential. I would just like some more information. I also, if I may, would want to just clarify something about this land being surplus property. The process that Commissioner Richards referenced about land being made available for the School District several years ago, Fairmount Park was clearly part of that process in helping to identify potential parcels, and in the end, the only one that was built was the Microsoft School of the Future in West Park on Parkside Avenue. When that whole program kind of went by the wayside, the land was taken off the surplus property list and put back under the jurisdiction of Fairmount Park. So the land that Rose sits on today is no longer considered surplus property in the City's inventory. It's fully back within the jurisdiction 22 12/6/07 - PARKS - BILL 071085 of the Fairmount Park Commission. So if there was going to be an agreement -- and it sounds like there could potentially be a positive agreement -- in addition to Council action, the Fairmount Park Commission would need to approve the lease, as we do for every lease that occurs on park property, in addition to City Council approval.
Councilwoman Campbell, would you agree to allow the parties to negotiate and talk before we moved on this piece of legislation?
Would you allow the Fairmount Park and Recreation Department to work with the Overbrook Park Civic Association to have a broader discussion about this issue before we act 23 12/6/07 - PARKS - BILL 071085 on this legislation?
Yeah. As I said, the City Solicitor had called for a meeting yesterday, because some of the funding for some of the programs that they may want will come from Congressman Brady. And he called yesterday to request a meeting, but the Congressman was unable. He's in Washington this week and the first opportunity he has to meet would be next Friday. I want it to be inclusive. I just want to get it done before I leave. I think the more, the merrier. I think it's always better to have a brain trust where you lean on other people's thoughts to bring about the best results. My problem is, I just want to get it done.
Well, we only have today and next week, so we 24 12/6/07 - PARKS - BILL 071085 would have to vote it out today so it would pass next week.
Right. The City Solicitor said he understands thoroughly that the lease itself will not be done until everybody is agreeable, but because time is of essence, we had to move with this today.
Before we hear from the City Solicitor, Recreation Commissioner, you said that the School District ultimately opted not to use the space. Might you know why they made that decision? COMMISSIONER RICHARD: No. I'm sorry. I don't get involved on that level. That's done through the City Solicitor and also through Public Property. So I'm sorry, I don't know.
Now, you also mentioned that Papa is across the street from Rose? COMMISSIONER RICHARD: It's about a couple hundred feet diagonally 25 12/6/07 - PARKS - BILL 071085 across the street.
And what programs are currently at Papa and what are the potential plans for the future? COMMISSIONER RICHARD: Papa is very, very active almost months out of 8 the year and it's highly, highly, highly 9 involvement -- and I'm sorry I can't 10 recall the name of the athletic 11 association, along with the advisory 12 group. They work hand in hand. Football, baseball, soccer, summer camp, after school, you name it. I'm probably missing some of it. Rose was programmed to that level four, five years ago prior to us having to scale it back once we found out that this was going to be a property. But while I have the mike, just for the record so people will know, from where I sit as the Commissioner of the Department of Recreation, I eagerly seek this opportunity, and the reason why is because every time we've had an 12/6/07 - PARKS - BILL 071085 opportunity to do this, it has been very, very successful to engage. There's different facets based on the intended use or the intentional use by the outside parties coming in where up to and including Risk Management, with them having liability for the time that they're going to be operating, also up to negotiating moving snow, not moving snow, partake on the bills relative to water consumption, heating consumption or whatever. But like my counterpart, Mark, said, and I as well, we just need an opportunity to sit down to find out what the intended uses are so that we can proceed. But from where I sit, every time that it's been done, it has been a plus for the community and the City.
In the instances where it has been done, on the issues of liability and maintenance, who has that responsibility? COMMISSIONER RICHARD: That's 27 12/6/07 - PARKS - BILL 071085 negotiated based on if the entire property is going to be turned over but still kept for public use or if it will be dual utilization operational responsibilities and use by the City, being either Fairmount Park, Rec and/or the third party. So it just depends, and we've not had that opportunity to have a conversation or to get that far. But it's always been a win-win in every instance that I've been involved in it and that I'm knowledgeable of. It has made a positive impact on the City.
City Solicitor, if you would, please provide your testimony on this bill or what you know to date.
Thank you, Councilwoman. I just wanted to respond, if I might. I have no prepared text, but since I came in just at the point that the question was raised by Councilwoman Tasco relative to the Council schedule, I wanted to point out that I have spoken to 28 12/6/07 - PARKS - BILL 071085 Councilwoman Campbell and in order to allow an opportunity to coordinate with my clients and with Councilwoman Campbell and that she indicated Congressman Brady, it would be my intention to prepare a one-year lease with three one-year renewable leases so that we could get the work underway and have the opportunity to bring it back to Council in the next term for a long-term lease. So that's how we're trying to address the schedule as to where we are right today.
Very helpful. Any other questions or comments for these witnesses? (No response.)
I was remiss. I do intend to invest capital dollars into this project before I leave to help them get started.
Thank you, Councilwoman Campbell. We thank you, City Commissioner 29 12/6/07 - PARKS - BILL 071085 and Recreation Commissioner and our Fairmount Park wizard. Anyone else to testify on this bill? Please come forward. Good morning. Please, if you would, state your name for the record and proceed with your testimony.
Thank you. Good morning, Madam Chairperson. My name is Seth Williams, and in this hat, I am the President of the Overbrook Park Civic Association. I'd like to thank Council for considering this and I'd like to thank Councilwoman Campbell for championing this ordinance. I'd like to give you a little brief history and then explain to you what our goals are for the property itself. But today with me is Reverend Lester Alderbridge to my far right. He's the Vice-president and he's our Town Watch Commander. To my immediate right is Ms. Robin Fields. She's our Treasurer 30 12/6/07 - PARKS - BILL 071085 and our Girl Scout leader. Also with me is Ms. Tina Riley. She's of our Development Committee. Ms. Jonnie Mae Young, our Fundraising Coordinator, and Mr. Arnold Foster, our most vehement champion. Thank you. Just a little brief background. The committee hearing you had immediately before ours was about the Youth Study Center, where our goal is to provide the services, the anti-violence, the town watch, the training programs, the literacy programs so that the children in our community won't end up at the Youth Study Center. That's why we're here and that's why the organization was created. But for a little background, I provided the members of the Committee with a map of the Overbrook Park community. You'll see the geographical bounds of the neighborhood. Now, some of the names of the businesses have changed since this map was created, but it still 31 12/6/07 - PARKS - BILL 071085 gives you an idea of the neighborhood. And the neighborhood itself was farmland until the 1940s, when at that time when GIs returning from World War II all had the GI bill, 3,000 row homes that are almost all identical were created in Overbrook Park. And for the majority of those years -- I purchased my home in 1995, and at that time, the neighborhood was about 80 percent white, percent 12 black. The majority of the residents 13 were those original homeowners who had 14 purchased in the 1940s or early '50s, but 15 they were retiring and have moved. As 16 you heard from previous testimony and 17 Councilwoman Campbell, the majority of 18 the owners in the neighborhood now are 19 younger couples with many children. I 20 know Ms. Fields herself has five. So we have many more children in the community now, so much to the fact that the Lamberton School had to expand and has a larger facility now in its parking lot, and that the school itself is at its 32 12/6/07 - PARKS - BILL 071085 seams, and there are a lot of violence problems inside of the school, to which we had a Mr. David Fattah come last year. And we, the Civic Association in conjunction with Mr. Fattah, tried to do some conflict resolution programs for the school and for the children in the school. I say all that to say that it is our hope -- and more background of the Civic Association is that since the mid '80s the Civic Association has been lobbying the Councilperson for the Fourth District to help us locate a permanent structure. Since, I believe it was, Councilwoman Ann Land was the Councilperson, we have been trying to lobby every and anyone. We were lobbying Councilman Nutter for years, and with the assistance of Mr. Johnson and Waddell Ridley, we had identified the Wynnebrook Ambulance facility, which had been vacant for many years, which is at the bottom right-hand corner of the map. 33 12/6/07 - PARKS - BILL 071085 So we were going to utilize that facility. For years, it was vacant. It was an eyesore. It had been used as an ambulance company in the '70s, then it was vacant. It was a church. It was a maintenance company. There were trucks and all types of debris that really made the entrance, the gateway, to our community an eyesore. And we always lobbied Congressman Brady and whoever our Councilperson was to give us the property, let us maintain it. In 2003, we learned that it was the Recreation Department's plan to close the Rose Playground.
At that time, I began a petition drive to save the playground, and I delivered copies to all of the members of Council, and the property was allowed to remain open, but we were told that it was the School District that wanted to purchase it. So then we worked with the School District on their plan for this new Lamberton School that they wanted to 34 12/6/07 - PARKS - BILL 071085 develop there. And I think in answer to Councilwoman Tasco's question earlier, the reason why the school didn't build is because there is an oil pipeline, if you can believe it or not, there's an oil pipeline that goes from Sunoco's refineries in Marcus Hook all the way, I think they said, to Bucks County. There's an oil pipeline underneath that property, and for that and maybe other reasons, the School District decided not to build this campus facility. For more than a year and a half, there was a "for sale" sign at the property. It said Colliers LLA, I believe, but the property was for sale. I personally removed graffiti that was on the sign with our Graffiti Busters Committee of the Overbrook Park Civic Association. So it was our understanding for years that the facility was underused and that it was going to be for sale, and we wanted to ensure that the use of that 35 12/6/07 - PARKS - BILL 071085 facility would be for the betterment and the improvement of quality of life for the Overbrook Park Civic Association. When Councilwoman Campbell became our Councilperson, I continued to lobby her, as other members of my committee, for that property so that we could use it. We had our Town Watch. It was in the basement of a dentist's office for years, until that dental partnership dissolved. Then we were homeless. Then I was able to get us to a Mellon Bank facility and we had our Town Watch there, and we operated our Town Watch out of there until that was sold. So we keep having to find a new place for our Town Watch. We met for approximately years at Congregation 20 Beth Tefilla for our annual meetings, our town meetings, our candidates forums many of you have attended. Congregation Beth Tefilla was sold last year. So then we were homeless again for three months. But this is an organization 36 12/6/07 - PARKS - BILL 071085 that provides quality services to try to prevent all of the ills that lead the children of our City to the Youth Study Center. So it's our hope to serve as the umbrella organization with Noah, which is an organization in Overbrook, and other organizations in Green Hill Farms and Overbrook Farms to provide quality-of-life programs such as literacy programs, anti-violence and conflict resolution programs, programs for young teen mothers, programs for men to mentor younger men, a men-to-men program, and those are our goals. We're willing to work with Commissioner Richards if he wants to keep the facility, but to give us a key. We have been maintaining the property. We were able to get a grant from State Senator Hughes to purchase a tractor so that we could cut the grass, because when my daughters played little league there, the grass was never cut. So it was up to the citizens to cut the grass ourselves. 37 12/6/07 - PARKS - BILL 071085 And it's funny. Congressman Brady would laugh at me when he would see me driving this tractor about a mile per hour down past his street to go to the Rose Playground to cut our grass. So we want to continue doing that, because that's what we think we should do, because we want what's best for our community. It's our hope to use the facility for the betterment of the community. That's why we're here in support of it. I don't know the timing. I'm not a legislator. I just know that we will make use of it. Currently there is no 17 programming at the Rose Playground. There's a temporary part-time employee. We don't know what programs go on. There used to be a lot of programs, but now there are none. We want to ensure that it's not sold. We were told it would be a condominium.
We were told it was going to be a school, that it was just open to the highest bidder. Well, we think the 38 12/6/07 - PARKS - BILL 071085 highest bidder should be the safety of the children in our community. And, yes, the Papa Playground is down the street, but it's not in Overbrook Park, it's not in our neighborhood, but we work with Overbrook 51, which is the name of the athletic association. So we have consolidated our basketball program and our softball and T-ball with theirs. But the Rose Playground is a tremendous facility that is not being utilized currently. There are three baseball fields. There are tennis courts. There's basketball courts. There's a roller hockey rink and a building that we could use for meetings, et cetera. Currently, the only thing that's done there is, people play basketball, and it's unstructured basketball. We want to give the children more than just unstructured basketball. Career training and all the things I identified previously. 39 12/6/07 - PARKS - BILL 071085 I know you have a lot of things on your agenda today. At this time, I just ask if briefly if Robin could testify and if Reverend Alderbridge will offer a few words also.
I'm a resident of Overbrook Park. I have lived in Overbrook Park and Overbrook Farms all of my life. I am currently a Girl Scout troop leader at Papa's Playground. I would like to be at Rose Playground. Papa's Playground have a lot of activities they do. They're just down the street from one another, but it's not feasible for our troop to be there. There's a lot of activities that go on at the time we have our troop. Our troop is every other Monday, the second and fourth 40 12/6/07 - PARKS - BILL 071085 Monday of the month. We meet from 6:15 to 7:30. There are six other activities that go on when our activity is going on. We have approximately 30 girls in our troop. Our troop starts from Daisies all the way up to Cadets. We would like to build our troop, but we can't. There are three other troop leaders that assist with the troops other than myself. But there's so much going on there. It's a very small place. It's not that clean. We're always cleaning it and trying to make it a healthy environment for the girls to be there. And there's another center that we can go to, use and it's just so much that goes on in our area where we're always using the facility that supports Overbrook Park, Overbrook Farms, part of West Philadelphia, Lansdowne Avenue, all the way down to Lancaster Avenue, a lot of the West Philly area. Papa's Playground is a small place. My children also go to Granaham 41 12/6/07 - PARKS - BILL 071085 Field, which is over at 66th and Callowhill, for some of their activities. I'm right there in that community. I live in that community and my children go to school in that community. They should be able to walk to a program, not always have to be driven to a program that's somewhere else that offers the same things that our community can offer. Our Civic Association is very viable. We have a lot of people who are supportive of the Civic Association, who participate in our Civic Association and want to see our community cleaned up of drugs that's on the street, children loitering the businesses. Our businesses support our Civic Association, and we'd just like to have a place for our children to go, activities that they need to be a part of and growth. And one of the other things, Lamberton do not have activities there. I am also the Vice-President of the Home and School at Lamberton, and there are 42 12/6/07 - PARKS - BILL 071085 not a lot of activities there for the children at the school, because they don't have the support. In our Civic Association, we have the support. We have people who are a part of the Civic Association who do not have children, but want to mentor and give back so that we can have a healthy community. We need this. We need Rose Playground. I know it's just down the street from Papa's, but Papa is not big enough to support the whole West Philadelphia area. And that's really all I have to say. I hope that we can do what we set out to do and make this a happy medium for everyone.
We thank you for your testimony, and it's clear that you're very busy.
Yes. 43 12/6/07 - PARKS - BILL 071085 Good morning, ma'am. I'm Reverend Lester Jerome Alderbridge and I'm also a resident of Overbrook Park also. As my Civic Association President said, I'm one of the Vice-Presidents and Town Watch Coordinator. I agree with both of them about everything they said about the need to have Rose Playground, but as the Town Watch Coordinator, we really need a base. We have very devoted people who try to keep Overbrook one of the best places to live in the City. I've been living in Overbrook Park for over 11 years. We have had less than five murders. We have very few muggings or robberies, home break-ins, because our men and women, both young and old, are out there doing town watch. One of the problems that we do have, we have a very small amount of radios, and we're near WPEN Radio towers. We don't have a home base and it's very difficult sometimes or often times for our Town 44 12/6/07 - PARKS - BILL 071085 Watch members to be in communication with each other, which poses a danger on my members, because we need to be in contact with each other so that if something does go down, we'll be able to contact the police. The police work very well with us. I also have the Eastwick Town Watch. Their radio system is on our same frequency. I've met them at our luncheonette, and they have told us anything that they can do to help us, they would until we could get a base, which I'm very appreciative of. This year Overbrook Park won the very best town watch. In the 19th Police District, we have had 50 members trained at one time. I'm trying my very best. I am a father, grandfather. I talk to a lot of children, as Mr. Williams has said, in our area, a lot of children, and they all agree that they need to open up Rose Playground, because if they don't have anything positive to do and places to go, they will do what we 45 12/6/07 - PARKS - BILL 071085 don't want them to do. So we really need a place and Rose Playground.
We thank you for your testimony. We congratulate your organization on the distinction as a significant town watch.
Thank you very much, Madam Chairperson. There other members here, but we're available to answer any questions that you may have, if any at all. But, again, we'd like to thank you for the time and your patience and we'd like to thank Councilwoman Campbell for championing this.
Well, let me thank you for the important context, Mr. Williams, that you put this request 46 12/6/07 - PARKS - BILL 071085 in.
Thank you very much. If we could please ask our City Solicitor to return to the witness table. Mr. Williams, how old is the organization again?
The organization was created in the mid '80s. It had a different name prior to that. I think it was like the Overbrook Residents Association, but it's an unincorporated civic association. We hope to get our 501(3)(c) or (c)(3) designation within the coming year with our attorney, Mr. Derek Green.
And the other thing I failed to mention here in my notes, do you all have a written plan as such?
We don't have a written plan. I spoke with Mr. Wetzel. 47 12/6/07 - PARKS - BILL 071085 I spoke with the City Solicitor that called me about what our plan and use for the facility is, but we're more than willing to work with the Recreation Commissioner, anybody, to move forward to expand on the programs we currently do.
Mr. Diaz, I just have a question of process. I guess what's troubling me is the fact that the Fairmount Park Commissioner and the Recreation Commissioner seemed -- not that they opposed this. It's just the process the way we're moving. I see the bill says that the President of the Fairmount Park and the Executive Director are authorized to enter by this ordinance. Don't you usually appeal to the Fairmount Park Commission to enter into a lease and then bring it to City Council?
That's generally the 48 12/6/07 - PARKS - BILL 071085 case, and because we have not had an opportunity to work out what have been some evolving purposes of the lease, it seemed the better part of valor was to make sure that we were all on the same page in connection with the clients. From my perspective, that's not only Councilwoman Campbell, but it's also the Recreation Commissioner and the Fairmount Park Commission. It was for that reason that I indicated in my earlier testimony on this subject that I didn't think we could really get this done in a way that was consistent with that kind of consultation.
But you have to go back to the Fairmount Park Commission to execute the lease, right?
It would be fully my intent, and I in fact had that colloquy with Mark Focht a few minutes ago that as soon as we had a draft that was something that could be reviewed, it was my intention to sit down with the Park 49 12/6/07 - PARKS - BILL 071085 Commission staff, and once we have a lease that has been prepared, to seek approval by the Fairmount Park Commission. Absolutely.
Well, the idea is to have something that we could put into effect relatively quickly through a one base year type lease that's renewable. Certainly in connection with City Council for a longer term commitment we would bring that lease back.
What is this lease agreement that's attached to this ordinance? Are we approving this lease agreement attached to this ordinance?
Councilwoman, if you could just give me a moment, I'll take a 50 12/6/07 - PARKS - BILL 071085 look at it, because I wasn't focused on this bill today. Councilwoman, I apologize for the confusion. What we've got here is essentially a template for what a lease would look like for this property to the Overbrook Civic Association. The terms have not yet been fully approved by any of the clients and so, therefore, what we've tried to do is put forward to Council what we believe would be the elements of that lease. But that lease has not yet been negotiated as to its details, and in order to allow us to proceed with a legally binding lease, having consulted with clients, having gotten the Fairmount Park Commission approval, it would be my intent to have a one-year lease that would be renewable. That lease not having been negotiated is not attached. It's really a form of that lease.
I think you're being unfair to City Council. 51 12/6/07 - PARKS - BILL 071085 You're asking --
Excuse me. We know you're discussing very, very important business, but we would ask that you allow us to get through this hearing, to the gentlemen on my left. Thank you very much.
Yesterday we approved a lease with the Women's Heritage Society, but that had been worked through for many years with the Fairmount Park Commission. And once they worked out all the terms of the agreement, they brought it to City Council for us. I don't see us having to give permission to Fairmount Park to enter into a one-year lease. It seems to me that Fairmount Park could enter into a one-year lease and then subject to the approval of City Council.
You're absolutely correct, and I think what has happened as a practical matter is that we got caught 52 12/6/07 - PARKS - BILL 071085 up in the clock, and I think there was earlier a bill that would have approved a lease. We put together a form lease. It has not been negotiated and, therefore, in order to be respectful of not only my clients but certainly this Committee and Council, we intend to negotiate that lease. It does not need to be approved. As to a one-year lease, you're absolutely correct, that can be approved by Fairmount Park Commission.
Excuse me. To the listeners on my left, to the listeners on my left, I need to ask you, if you would, please take your discussions outside. I need to ask you to repeat that, please, City Solicitor.
I don't want the Overbrook Park community to think I'm against them negotiating a lease. This is not what this is about. This is about process, Council process, and how we handled this. And so I'm a 53 12/6/07 - PARKS - BILL 071085 little uncomfortable with the way we're handling this, because I think we ought to follow the process, because it sets precedent on other things that might come before us and I may not be comfortable with that either. So that's where I am. I think that what they want to do is fine, credible and I support, and I certainly understand Councilwoman Campbell's desire to get this done before she leaves, but for me, I'm uncomfortable with this process.
I understand the point, and that's the reason why in order to respect the process and to have an opportunity to negotiate a lease as to its details before Councilwoman Campbell leaves office, we will do it on a one-year basis. It will be approved by the Fairmount Park Commission. It will be fully --
You're assuming it will be approved by the Fairmount Park Commission. 54 12/6/07 - PARKS - BILL 071085
And you're asking us to vote for a lease that doesn't exist. What you're saying, you want us to approve that you enter into a one-year lease, which you could get that permission from Fairmount Park and then bring it back to City Council.
Any other questions or comments? Anyone else to testify on this bill? (No response.)
Is the City Solicitor still here? Please. 55 12/6/07 - PARKS - BILL 071085 We're into what might be called semantics. Here you have on Section 2 of , "The lease shall be substantially in the form set forth in Exhibit A." Interpret that.
Because we do not have the details, Madam Chair, of the lease, because we have not sat down with Councilwoman Campbell and the Overbrook Civic Association and others, we don't have the terms detailed out yet, but what we are proposing -- and this is really a choice for this Committee and Council ultimately -- we are proposing if you wanted to approve a long-term lease that would be substantially in conformity with the template that's been attached, subject to the review and approval by Fairmount Park Commission, you have a vehicle for doing that. If that creates a concern, then our fall-back position is the one-year base lease with the renewable periods. We're trying to be respectful 56 12/6/07 - PARKS - BILL 071085 of all parties and Councilmembers and in recognition of the clock, which keeps ticking forward.
For the sake of expediting this process, the truth of the matter is that the thrust of this bill is actually limited to what's on and the rest of it is filler?
I think that's accurate. The attachment is reflective of the kinds of leases that we have negotiated and have been approved with non-profits, but, yes, the bill language is the first page.
For the sake of expediting this process, we can sort of disregard the rest of it?
We thought you might want to see it, but you're absolutely 57 12/6/07 - PARKS - BILL 071085 correct, sir.
But it says on the first page "The President of the Fairmount Park Commission and the Executive Director of Fairmount Park are authorized by this ordinance to enter into a lease with the Overbrook Park Civic Association, a non-profit corporation, under which the City would lease Rose Recreation Center and appurtenant grounds and facilities" to the organization "to occupy and maintain and use to operate benefiting the community," subject to the provisions set forth in the lease. Now, that's the future lease or this lease that's attached to this bill?
It's the future lease which, in material terms, we believe, will comply with the model which 58 12/6/07 - PARKS - BILL 071085 is attached. I understand your issue, Councilwoman Tasco, but what we tried to do, not having negotiated the details, is to give you as much a preview of what that ultimate lease would look like, but that has not yet been negotiated.
But you're saying the lease shall be substantially in the form set forth in Exhibit A of this ordinance. It seems that the Fairmount Park has its own lease. Are we saying that they have to follow this lease?
No, ma'am. What we're saying is that you are authorizing -- I think this is where I go back to what Mr. Goode mentioned. You are authorizing the Fairmount Park Commission to consider and approve, if it so desires, a long-term lease. So they will review it. They will determine whether it's appropriate, but at least in terms of giving you a sense of what 59 12/6/07 - PARKS - BILL 071085 you're authorizing the Fairmount Park Commission to do --
But my argument with you is that we don't have to authorize Fairmount Park to do anything. They have the authorization to enter into a lease, long-term lease or short-term lease, without the approval -- subject to Council approval once that's executed. We're telling them to enter into the lease, and I don't think that's right. I just think we're not -- we're reversing the process, and for me, I'm uncomfortable. And I won't belabor this. We have other things to deal with. We'll just go ahead and vote whatever way we're going to vote.
I would just only mention that in the second line of Section 1 the Commission and the Executive Director are authorized. It doesn't direct them to do it, but they are authorized, if they so desire, to approve a long-term lease along the lines 60 12/6/07 - PARKS - BILL 071085 of what is attached.
Mr. Solicitor, can the Fairmount Park Commission modify, change what we believe we'd approve here today?
Thank you. Any other questions for the City Solicitor? (No response.)
This then, therefore, concludes our public hearing and we will now move into our public meeting. I would ask Councilman Goode to please make a motion on Bill No. 071085.
Thank you, 61 12/6/07 - PARKS - BILL 071085 Madam Chair. I move that Bill No. 071085 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended so as to permit first reading at our next Council session. (Duly seconded.)
The bill 10 has been moved and seconded by Councilmember Frank DiCicco. All in favor say aye. (Aye.)
Therefore, Bill No. 071085 will be reported out of this Committee with a favorable recommendation and further moved that the rules of Council be suspended so as to permit first reading at the next scheduled session of the Philadelphia City Council. This concludes the meeting of 62 12/6/07 - PARKS - BILL 071085 the Committee on Parks, Recreation and Cultural Affairs. The record should reflect that the vote was five to one. This Committee is adjourned. (Committee on Parks, Recreation and Cultural Affairs adjourned at 11:55 a.m.) - - - 63 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 December 6, 2007, 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.)