COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING BEFORE THE COMMITTEE ON PUBLIC PROPERTY - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, November 20, 1997 1:30 p.m. - - - BILL 970650 - Authorizing the Commissioner of Public Property to accept from the School District of the City of Philadelphia fee simple title to certain real property and any improvements thereon located at Lehigh and Chalmers Avenues a portion of which shall be leased to PAID for further sublease to Allegheny University of the Health Sciences. - - - PRESENT: COUNCILWOMAN AUGUSTA A. CLARK, Chair COUNCILWOMAN JANNIE L. BLACKWELL, Vice Chair COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN FRANK RIZZO - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center Plaza, Suite 600 Philadelphia, PA 19103 (215) 561-2220 2 I N D E X BILL 970650 Adam Deveney, Deputy Commissioner, Department of Public Property--------------------------- Eric Iffrig, Planning & Construction Division, Department of Recreation--------------------- 7 Dr. Glenda Donoghue, Executive Vice Provost, Allegheny University of the Health Sciences-- 8 Dr. Constance Clayton, Associate Dean, Allegheny University of the Health Sciences------------ 14 Ralph Wynder, Chairman, Residents' Coalition---- 17 Merrie Winston, Project Manager, Allegheny Health Systems------------------------------- 25 Maryam Mahdavi, Esq., Deputy City Solicitor, City Solicitor's Office---------------------- 26 Sharon Sorokin, Associate General Counsel, Allegheny University of the Health Sciences-- 28 - - - Public Meeting----------------------------------- 34 - - - 3 BILL 970650 CHAIRWOMAN CLARK: Good afternoon, ladies and gentleman. The Committee on Public Property and Public Works is now in session. A quorum of this committee is present. To my left is Councilwoman Jannie Blackwell. I am Augusta Clark, the Chair. Next is Michael Nutter, and next is Frank Rizzo. Would the clerk please read the bill 10 before us.
Bill No. 970650, An Ordinance authorizing the Commissioner of Public Property to accept from the School District of the City of Philadelphia fee simple title to certain real property and any improvements thereon located at Lehigh and Chalmers Avenue, a portion of which shall be leased to Philadelphia Authority for Industrial Development, for further sublease to Allegheny University of the Health Sciences, a nonprofit corporation, all for nominal consideration and for use primarily as a health care services facility with ancillary related uses and community uses under certain terms and conditions. CHAIRWOMAN CLARK: Thank you. Are there persons present who wish to 4 BILL 970650 be heard to speak on this bill? If so, please join us at the table. Good afternoon. CHAIRWOMAN CLARK: Please be seated, introduce yourself to the record, spell your last name for the benefit of the stenographer, and proceed with your testimony, calling on the members at the table in any order that you see fit.
Thank you. My name is Dr. Glenda Donoghue. My last name is spelled D-O-N-O-G-H-U-E. I am Executive Vice Provost of Allegheny University of the Health Sciences. And I am here today to testify in favor of Bill No. 15 970650. I am accompanied by Dr. Constance Clayton, who is the Associate Dean of our School of Public Health, and Mr. Ralph Wynder, the President of the Residents' Coalition in the Allegheny West District. CHAIRWOMAN CLARK: Dr. Donoghue, may I ask you to hold your testimony and let me hear from the public employees, the person from -- where are you from, sir?
Public Property. 5 BILL 970650 CHAIRWOMAN CLARK: Public Property. Let me hear from you. And you are from Recreation. Let me hear from them, and then I will hear your testimony.
Thank you. CHAIRWOMAN CLARK: Please introduce yourself to the record and spell your name for the benefit of the stenographer. I apologize for not recognizing you.
My name is Adam Deveney. I am Deputy Commissioner of Public Property, here representing Andres Perez, Jr., Commissioner of Public Property. CHAIRWOMAN CLARK: Thank you. Proceed with your testimony, sir.
Yes, ma'am. Before I proceed with my testimony, on the third line of my testimony please make the correction of, "PIDC" should be changed to "PAID." That's a typographical error on our behalf. On behalf of the Commissioner, I come before you today to offer testimony in connection with Bill No. 970650, accepting fee simple title to real property located at Lehigh and Chalmers Avenue, 6 BILL 970650 and leasing a portion of this real property to PAID, who, in turn, will further sublease to Allegheny University of Health Sciences for use as a health care services facility. Acceptance of the real property from the School District: Subject to City Council approval, Public Property will accept approximately acres 10 of real property located at Lehigh and Chalmers 11 Avenue from the School District. 12 This property would be for the use of the Department of Recreation, which plans to make certain improvements at the site. A smaller portion of this property, approximately 2.4 acres, will be leased to PAID, who in turn will sublease it to Allegheny University of Health Sciences for nominal consideration. The Commissioner of Public Property supports this bill, so long as the environmental due diligence performed regarding the site and the Phase One and Phase Two environmental studies are completely satisfactory to the Commissioner of Public Property and in compliance with the city's Property Acquisition Guidelines. 7 BILL 970650 If there are unsatisfactory environmental conditions at the proposed site which require remediation, the Commissioner of Public Property will only accept the property if the interested parties to the transaction are able to remediate the environmental conditions. Otherwise, the Commissioner of Public Property would like to have the option to reject the property. The exact size and metes and bounds description of the retained property, and that portion leased to Allegheny University of the Health Sciences, shall be determined by an official survey, which will be subject to the approval of the Commissioner. Thank you. CHAIRWOMAN CLARK: Thank you, sir. Recreation.
My name is Eric Iffrig, Philadelphia Recreation Department. I am with the Planning and Construction Division. And I am here to give testimony on this bill on behalf of the Commissioner of Recreation. This Ordinance will enable the 8 BILL 970650 department to provide recreational opportunities for the community. The site has been the subject of city and department proposals for recreation development for almost years. 6 The current proposal is providing 7 approved athletic field facilities and a passive 8 park area. 9 The Recreation Department supports 10 the provisions of Bill No. 970650 that will enable 11 the above recreation improvements subject to final 12 negotiation of maintenance and use terms. 13 CHAIRWOMAN CLARK: Thank you. 14 We will take the rest of the 15 testimony, if there are any questions. 16
One 17 question. 18 What is passive park area? 19
That would be benches, 20 picnic table, tree plantings, and a picnic shelter. CHAIRWOMAN CLARK: Yes, Dr. Donoghue.
Thanks, Madam Chair. I would like to introduce a couple of other people that are with me today. 9 BILL 970650 In addition to Dr. Clayton and Mr. Wynder, we have with us Miss Merrie Winston, who is the Project Director for Allegheny University's project on this site. She is sitting right here. We also have with us John Chrestay, Allegheny's Vice-President for Government Relations. And Sharon Sorokin, Allegheny's Associate General Counsel who handles our real estate matters. And they are sitting in the second row. As you have already heard, Bill No. 44 acres of the site to Allegheny University of the Health Sciences. In August 1996, following many months of discussion with community leadership, the university received a grant from the Health Services and Resources Administration, which I will refer to in the future as HRSA. A portion of those dollars are to be used to construct a health center for underserved women and their families in North Philadelphia's 10 BILL 970650 Allegheny West community. The community itself encompasses some 8,000 individuals, of whom 90 percent are African-American and 33 percent live in poverty. percent of the construction costs 7 for the center will be funded through the federal 8 HRSA grant. And the university will only pay the 9 remaining 30 percent of the construction costs. 10 The university will be responsible 11 for the ongoing costs of operation of the center. 12 At this point in time the overall 13 project construction, along with furnishing and 14 equiping costs, is estimated to be a little over $2 15 million. 16 Allegheny University of the Health 17 Sciences is delighted to be able to provide health care services to this community and feels that the development of the center is an important part of the university's mission to serve the public. Women and their families will be provided necessary health care at this center, regardless of their ability to pay. Allegheny University considers this commitment to be an essential component of its 11 BILL 970650 community outreach strategy. And the HRSA funding also carries an obligation to provide free care to eligible individuals, to the extent of 3 percent of the annual operating budget. The Community Advisory Committee, which is a conjoint Committee of the university and community organizations such as the Residents' Coalition, church leaders, school principals, business groups, and individual residents, has developed a plan for a one-story, 11,000-square-foot building. This building will house clinical services consisting of a multi-specialty primary care practice, with family practitioners, internists, pediatricians, and mental health providers. And it also includes space to accommodate offices and meeting space for community organizations. Dr. Clayton will shortly describe the proposed building in more detail. HRSA officials have approved this site as the location for the health center, and have 12 BILL 970650 also approved the general design of the building. However, they will not release the grant funds for the completion of construction drawings and for the construction itself until the university has a lease for the property of at least years. 8 I offer as an amendment to the bill a 9 copy of the lease from the City to Philadelphia 10 Authority for Industrial Development, and the 11 sublease from Philadelphia Authority for Industrial 12 Development to Allegheny University of the Health 13 Sciences. 14 The form of lease and sublease should 15 be attached to the bills as exhibits as provided for 16 in the bill itself. 17 The lease is to Philadelphia 18 Authority for Industrial Development, which is often 19 referred to as PAID. 20 Because of HRSA's requirement for a 21 25-year lease, it is our understanding that the city 22 is not able to enter into a 25-year lease without 23 reserving the right to terminate it at any time 24 after four years, which would not satisfy the grant 25 requirements.
13 BILL 970650 Therefore, the bill provides that the property be leased to PAID, which is exempt from that restriction, and PAID will sublease the property to the university. In addition to the 25-year term, the other important provisions of the lease and sublease are that the rent is nominal, I believe $1; the construction costs of the health care facility will be paid for by the university and the grant funds; and the use of the property by the university is limited to health care and the use by the community groups. Due to the time constraints placed upon us by the grant funding, it is important that this project be commenced as soon as possible. Therefore, I respectfully request that the rules be suspended to allow the committee report and the first reading of the bill to occur on December 4, with the second reading and final passage on December 11, 1997. I respectfully ask for your support of this bill which, if passed, will enable an important public service project. I would also like to take time to 14 BILL 970650 thank Councilman Nutter for his support of this project during the past year, as well as the Philadelphia Authority for Industrial Development for its willingness to be involved in the transaction. And, of course, the School District of Philadelphia for providing the property to the city. Dr. Clayton and Mr. Wynder would also like to provide testimony on the bill. And I will be happy to answer any questions regarding the project at the conclusion of their testimony. Dr. Clayton. CHAIRWOMAN CLARK: Thank you. Dr. Clayton, just before you speak, let the record reflect that we have been joined at the table by Councilwoman Donna Miller and by Councilman Brian O'Neill. Thank you. Please proceed.
Thank you very much. Good afternoon, Councilwoman Clark and members of the Committee. My name is Constance Clayton, Associate Dean for Community Partnerhips, Allegheny University of the Health Sciences, School 15 BILL 970650 of Public Health. I am also along with Mr. Ralph Wynder, the co-chair of the Community Advisory Committee. As Dr. Donoghue testified, the committee is a conjoint committee of the university and community organizations. It also has subcommittees which are attended by various university faculty members, clinicians, and community residents. For the past year I have been working with this committee to develop the Health Care Center Project, which is the project subject to Bill 15 No. 970650. And I am delighted to be here today testifying in support of this noteworthy project. The center, which has had input on its design for the community, will be constructed around a courtyard designed as an educational play area which will be available for community purposes. As a convenience to the patients of the center, pursuant to residents' request, a small pharmacy will also be on the premises. In concert with community residents, 16 BILL 970650 the Clinical Services Subcommittee has planned for the following space utilization: 3 offices, a 40-person meeting space, waiting/reception area, nurse stations, labs, exam/consultation rooms, prescription site, pharmacy, children's educational play area, other rooms that will accommodate a minimum of persons. 9 In regard to design, the following 10 design suggestions are planned: To have trees and 11 plants, commissioning small murals from public 12 school students, revolving art work by public school 13 students. 14 Other dimensions include literary 15 works and photographs of composers, medical persons, and authors, famous and not so famous. At the explicit request of the Community Advisory Board, Allegheny has committed to the ongoing provision of six scholarships for graduating high school students and/or adults seeking a second career or opportunity to acquire an undergraduate degree in a health profession. A community resident Chairs the subcommittee to implement the preliminary process of recruitment and selection prior to receipt by the 17 BILL 970650 Admissions Office. I am delighted to be able to support this project, including its educational outreach components, and respectfully urge your support of Bill No. 970650. Thank you very much. CHAIRWOMAN CLARK: Mr. Wynder.
Chairwoman Clark, Councilmen O'Neill, Rizzo, Nutter, Blackwell, Miller. Today I come as a representative of the community in which the Allegheny Hospital has an interest in building its health care facility. I am the 38th Ward leader, as well as the Chairperson of the Residents' Coalition, as well as the Co-Chairperson of the Advisory Board. Our organization has sponsored five community meetings and numerous Advisory Board meetings in a sincere effort to involve residents of this organization and of this community in the process of gaining maximum health and civic benefits through this facility. The Residents' Coalition is an umbrella organization that consists of several city 18 BILL 970650 associations, churches, schools, and block groups which are throughout the Allegheny West area. We have a long-standing history and struggle to have this land being requested for transfer. And have a history of not only struggling to save this land, but to have it utilized in a maximum way for community endeavors. We have studied Allegheny University's proposal for women and children, and we have considered it to be -- and we have offered constructive criticisms and suggestions to make this program culturally sensitive and receptive to the needs of area residents. In consideration of the interest of Allegheny University and the Residents' Coalition, we have formed a partnership in which the community will be co-owners of this project. The community will get benefits of employment, job training, scholarships, use of resources, office and meeting space, as well as an improved holistic health care education and security program. Given these benefits, the transfer and use of this land is viewed as constructive, as a 19 BILL 970650 constructive step forward for our community. Therefore, we support the subleasing of the land to Allegheny University for the purpose of constructing a health care facility. CHAIRWOMAN CLARK: Thank you. The Chair recognizes Councilman Nutter.
Thank you, Madam Chair. Very briefly, first I want to thank all of the parties who have been involved in this transaction. First, as Mr. Wynder indicated, there is a long history to this site, which certainly predates my service here in the Council. But, working together, we have been able to bring the project this far. Secondly, Eric Iffrig and the Commissioner of Recreation, Mike DeBernardinis, have been extremely helpful in this process, as well. And certain, lastly, we didn't start out with this concept involving Allegheny University, but it came about. And the parties have worked together to try to make something happen. 20 BILL 970650 It is also significant today that we further enable ourselves to show to the federal financing agency that the project continues on track and is moving forward. And we certainly will keep their support, as well. Lastly, Madam Chair, it does occur to me that the School District has certainly agreed -- or wouldn't be here today -- has certainly agreed to transfer the site. And their action actually took place during City Council's summer legislative recess. But I wanted to add to the record that, by way of Board resolution, the School District of the City of Philadelphia, on August 21, did pass a resolution committing themselves to authorizing the transfer of this property to the City of Philadelphia. And I wanted it in the record that they had already taken their action, because they are certainly aware of all these activities. Lastly -- CHAIRWOMAN CLARK: Do you have the text of that resolution?
Yes, I do, Madam 21 BILL 970650 Chair. CHAIRWOMAN CLARK: Would you just read it for the record.
Sure. It is dated August 21, 1997, "Resolve that the School District of Philadelphia is authorized to convey to the City of Philadelphia fee simple title to an approximately 2.44 acre site located at Chalmers and Lehigh Avenues, near 29th Street, for $1 consideration." The second resolution, Madam Chair, is also dated August 21, 1997, "Resolve that the School District of Philadelphia is authorized to convey to the City of Philadelphia (The City) fee simple determinable title to approximately 9.38 acres of ground located along 29th Street, near Chalmers Avenue (The Property) for the consideration of $1, subject to the following terms and conditions." And then there is a list of various terms and conditions which are part of, actually, the Council bill. So those terms and conditions are already a matter of the public record. Lastly, Paul Deegan from PIDC has 22 BILL 970650 been extremely helpful in this project. No, Paul, you don't need to testify. It is a knee-jerk reaction. Hear your name, come to the table. And, lastly, the City Solicitor's Office has really played an essential role to this entire project. The lease and sublease agreements that were worked out, I understand, a long time ago, as long ago as 12:15 this afternoon, that work was done by Maryam Mahdavi, who deserves a great amount of credit, in working with Sharon Sorokin from Allegheny University, to come to an agreement. So, Madam Chair, in the public meeting I will be putting forth some technical amendments, as well as the lease and sublease, which are Attachments B and C to the Ordinance. CHAIRWOMAN CLARK: Great. Are there any comments by other members of the committee? Are there questions? Councilwoman Blackwell.
Thank you, Madam Chair. Certainly I would like to greet all who are here, certainly Dr. Clayton especially and 23 BILL 970650 Mr. Wynder. And just mention that we have another issue relative to transferring a School District property to the city that we have been held up on since Dr. Clayton left. It began under her administration, a block from my home. And we were finally told that the District could not transfer it nominally because they need books, so they still had to charge a fee, after going through two years of community meetings, and agreeing to invest in lights for the community, making the proviso for Town Watch space, community tutoring space for children, and all of that. So I just note that for the record. So that those who need to read the transcript of this realize that certainly we know the difference. And we know that the School Board does transfer property for community ventures, and certainly that we resent the fact that, in our own neighborhood, they did not see fit to do so. Thank you, Madam Chair. CHAIRWOMAN CLARK: Thank you. Let me offer you this transcript as an example of what can be done. 24 BILL 970650
That's right. CHAIRWOMAN CLARK: Are there other comments and questions by members? Councilwoman Donna Miller.
I would just like to comment and commend the community in Allegheny for coming together with this partnership. And it will serve both needs. I am just a little confused. I know it is the lot as you drive up 29th Street, on the left-hand side, if you are going north. Because I go that way home sometimes. You are going to build a health center and a recreation center?
Actually, the land where the facility will be built is not on 29th Street, when you turn left into the lot. You turn left to Lehigh, and then you turn right. And then there is a concrete area. Not the grassy area that you see when you are driving north on 29th Street, but it is a large concrete area which, essentially, is serving no real useful purpose at this time. 25 BILL 970650 But the recreation facility will be built on the area that you are talking about, and that's in process already.
Okay. CHAIRWOMAN CLARK: Does this map help in any way?
That one doesn't, but we do have a diagram. CHAIRWOMAN CLARK: Would you be good enough to bring it and have someone explain it to the Committee. Just for our record, would you tell us your name again for the stenographer.
My name is Merrie, M-E-R-R-I-E, Winston, and I am Project Manager with Allegheny Health Systems. CHAIRWOMAN CLARK: All right. The record will show she is showing us pretty pictures.
As you can see, this is Lehigh Avenue and this is Chalmers Street here. CHAIRWOMAN CLARK: Come closer. (Ms. Winston briefs Council Committee members.) BILL 970650 CHAIRWOMAN CLARK: Thank you. Would the record reflect that after a brief description of the plans, the committee now purports to understand it. And we are all smiles and nodded knowingly. Okay. Let me ask a question with respect to the testimony that was given by Public Property. Please describe any environmental liability and/or hazards associated with the subject premises, what remediation plans have been proposed, and who will pay.
Madam Chair, before he begins, let me say I do have to leave. But I would like to be recorded as voting yes on any amendments and certainly on the suspension and the bill. CHAIRWOMAN CLARK: Thank you. Thank you for coming. Yes, we are ready. MARYAM MAHDAVI, ESQ.: Good afternoon. My name is Maryam Mahdavi, Deputy City Solicitor in the City Solicitor's Office. CHAIRWOMAN CLARK: Thank you.
With respect to the 27 BILL 970650 environmental conditions, it is somewhat unknown right now. We know there is some contamination. We don't know the level or extent of it. And that's why we are insisting upon compliance with the city's Acquisition Guideline, as well as making sure that a Phase One and a Phase Two are completed, and to ascertain exactly what needs to be done to make sure that the property is safe before we accept it. CHAIRWOMAN CLARK: Now, you are the lawyer from the City Solicitor's Office?
Yes. CHAIRWOMAN CLARK: What kind of transfer is this? Is it conditional?
The transfer of property from the School District to us? CHAIRWOMAN CLARK: Right.
It is only conditional -- there is conditional language in that transfer. And the only condition will be that if we stop using it for public or recreation purposes, then it can revert back to the School District. 28 BILL 970650 CHAIRWOMAN CLARK: Right. But I am at the condition of, if it is environmentally acceptable. Does that give you a condition that will cloud your title? That's all I am asking.
It will. CHAIRWOMAN CLARK: Wait a minute. Somebody wants to help you. Come up. I want to be very sure that we give you the title that you are asking for. And I also want to be very sure that we don't weave in a condition that will put a cloud on your title. That's all I am trying to do here.
Thank you. My name is Sharon Sorokin. I am Associate General Counsel with Allegheny. Maryam and I have worked together to work out the lease and the language in the Ordinance. What it provides right now is to authorize, but not require, the city to accept title of the property from the School District. Once the city has determined that it is satisfied with the condition of the property, and 29 BILL 970650 the parties have agreed that everyone is comfortable with the condition of the property, and appropriate arrangements have been made so that the property can be legally used, then the city will accept title from the School District. It is not required to accept the title if it finds that the property has a contamination that cannot be effectively dealt with. CHAIRWOMAN CLARK: Will you hold the city harmless in writing?
Yes. We have included indemnifications which have been extensively negotiated with the City Solicitor's Office and the City's Risk Management Department. CHAIRWOMAN CLARK: So we are held harmless?
Madam Chair, if I can also add, on of the bill -- and without getting into the amendments -- but there is an amendment to a section that was already trying to anticipate your important question. On , small Roman Numeral 6. 30 BILL 970650 CHAIRWOMAN CLARK: In that paragraph?
In that paragraph. CHAIRWOMAN CLARK: Very near the top of the page.
Exactly. The Commissioner -- and they are referring to the Public Property Commissioner -- first has to be in compliance with the Property Acquisition Guidelines, which is a city policy out of the Managing Director's Office, on how the city accepts any property from anyone. The Commissioner not only has to comply with that, but also has to be satisfied with the results of a -- this is amendment language -- has to be satisfied with the results of a Phase One and Phase Two environmental assessment, meeting all applicable and professional standards, and with the sole discretion of the Commissioner to undertake the remediation of any unsatisfactory environmental conditions or the option to reject or accept the property from the School District. I believe that that language, in 31 BILL 970650 addition to any other lease language, puts the city in a position that if we find that we, for lack of better terms, if we just cannot deal with this property, we will ultimately reject it.
That's right. CHAIRWOMAN CLARK: And not own it, and not have any liability as to it.
That's exactly right. CHAIRWOMAN CLARK: Fine. One minute, please. Councilman Frank Rizzo wishes to be heard.
I just want to make sure that I understood what I heard. There won't be one child playing in that proposed rec area until we are absolutely certain that there is no environmental problem at that site; is that correct?
That's correct. We won't take the site unless we can remedy all environmental conditions.
There will be zero activity there, when it comes to public activity, until all those determinations have been made?
Thank you. CHAIRWOMAN CLARK: Well, actually, there will be no authorized use. I mean, you want to be careful that you don't speak to what trespassers do.
Right. Because, I mean, I had a little concern about that part of the Q and A. We need to recognize the fact that this site is not enclosed behind a 20-foot-high wall with barbed wire on it. It is an open site. Anyone can go on the site right now, child, middle-aged, senior citizen person. So, I mean, let us be very clear that anybody can walk on that site right now, whether it is in our hands or in the School District's hands. CHAIRWOMAN CLARK: I think that is clear. Are there other questions with respect to any of the testimony that we have heard? There being none, I will entertain a motion.
Madam Chair, I move that we adjourn the Public Hearing and move 33 BILL 970650 into a Public Meeting. (Duly seconded.) CHAIRWOMAN CLARK: All in favor. This meeting has been adjourned. (Public Hearing adjourned.) - - - 34 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING of the COMMITTEE ON PUBLIC PROPERTY - - - Thursday, November 20, 1997 - - - Public Meeting conducted by the Committee on Public Property, held in Room 400, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILL 970650 - - - PRESENT: COUNCILWOMAN AUGUSTA A. CLARK, Chair COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN FRANK RIZZO - - - 35 PUBLIC MEETING CHAIRWOMAN CLARK: Now we are in Public Meeting. Mr. Nutter, do you wish to be heard for the purpose of introducing amendments?
Yes, Madam Chair. There are two substantive amendments and various technical amendments based on the recent negotiations. First, as was referred to in the testimony, there are now a lease and sublease agreement that are referred to as Exhibits B and C in Section 2 of the bill on of the pink copy. I would move that those now-agreed-to lease and sublease agreements be accepted as Exhibits B and C. And they will subsequently be attached to the bill. That's the first. Secondly, on the technical side, on -- I will read this, on -- the iii. And I will just read into the record what the amended language is and how the section should read. , iii, The condition imposed by 36 PUBLIC MEETING the School District that so long as the City, its successors and assignees use the property and any improvements constructed thereon for public or recreation purposes; and when the City, its successors and assignees, cease to use the property for said purposes for a continuous period of one year, title to the property will automatically revert to and vest in the School District, without any necessity for suit or reentry by the School District, its successors or assignees, discharged of any lien, judgment, right, title, or interest of the title of any lessee or any third party, but without any obligation on the City to restore the property, provided, however, that this condition and reverter shall not apply to that portion of the property which constitutes the "Leased Property" as defined in Section 2 of this Ordinance (The property less the leased property being hereinafter referred to as the "City Retained Property"). The second amendment, technical amendment, is on , small Roman Numeral 6. That should read, or is being amended to read, The Commissioner, complying with the Property Acquisition Guidelines, and being satisfied with the 37 PUBLIC MEETING results of Phase One and Phase Two environmental assessments, meeting all applicable and professional standards, and with the sole discretion of the Commissioner to undertake the remediation of any unsatisfactory environmental conditions, or the option to reject or accept the property from the School District. Those are the amendments, Madam Chair. And I would move that Bill 970650 be amended as the amendments were read into the record. (Duly seconded.) CHAIRWOMAN CLARK: It has been properly moved and seconded that Bill No. 970650 be amended, consistent with those which were just read and distributed to the members of the committee. All in favor say aye. Opposed is nay. Bill No. 970650 has been amended. I now recognize you, Mr. Nutter, for a motion to pass the whole bill.
Madam Chair, I move that Bill 970650, as amended, be reported out of this committee with a favorable recommendation and a further recommendation that the Rules of 38 PUBLIC MEETING Council be suspended so as to permit first reading at our next session. (Duly seconded.) CHAIRWOMAN CLARK: All in favor. Opposed. Bill No. 970650 as amended has been reported out of this Committee with a favorable recommendation, and with the recommendation that the Rules of Council be suspended so as to permit first reading at the next Stated session of Council. All in favor say aye. Opposed. Let me ask this: Are there persons in this room who wish to be heard to speak in favor or against this bill? Seeing none -- that is none, isn't it? -- this Committee is now adjourned. Thank you. (Public Meeting adjourned at 2:05 p.m.) - - - 39 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, November 20, 1997, were reported fully and accurately by me, and that this is a correct transcript of same. RE: COMMITTEE ON PUBLIC PROPERTY _____________________________________ DEBRA A. WHITEHEAD, RPR