COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON PUBLIC PROPERTY AND3 PUBLIC WORKS4 - - -5 Room 400, City Hall6 Philadelphia, Pennsylvania Tuesday, June 9, 20097 11:20 a.m. 8 - - - 9 10 PRESENT: COUNCILMAN DARRELL L. CLARKE, CHAIR11 COUNCILMAN FRANK DiCICCO COUNCILMAN WILLIAM GREENLEE12 COUNCILMAN JAMES F. KENNEY COUNCILWOMAN DONNA REED MILLER13 COUNCILMAN FRANK RIZZO 14 BILLS 090434, 090435, 090439, 090440 and15 090447 16 17 18 19 20 - - -21 22 V A R A L L O Incorporated Litigation Support Services23 Eleven Penn Center 1835 Market Street, Suite 60024 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.267025 2 1
Good2 morning. This is the Committee on Public3 Property and Public Works.4 (Witnesses approached witness5 table.)6
Good7 morning.8 COMMISSIONER SCHLOTTERBECK:9 Good morning.10
We have11 established a quorum. We have Councilman12 Rizzo, Councilman Greenlee, Councilman13 DiCicco, Councilman Kenney and14 Councilwoman Donna Reed Miller.15 Mr. Carter, will you please16 read the title of the first bill.17
Bill No. 090434, an18 ordinance authorizing the Commissioner of19 Public Property on behalf of the City of20 Philadelphia to convey to the21 Philadelphia Authority for Industrial22 Development all or part of a certain23 irregularly shaped parcel of land and any24 improvements thereon situate in the area25 3 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 generally located south of Pattison2 Avenue and east of I-95, for further3 conveyance, under certain terms and4 conditions.5
Thank you.6 COMMISSIONER SCHLOTTERBECK:7 Good morning, Chairman Clarke and members8 of the Committee on Public Property and9 Public Works. My name is Joan10 Schlotterbeck. I am the Commissioner of11 the Department of Public Property. I'm12 here today to testify in support of Bill13 No. 090434, an ordinance authorizing me14 as the Commissioner, on behalf of the15 City, to convey to the Philadelphia16 Authority for Industrial Development all17 or part of a certain irregularly shaped18 parcel of land and any improvements19 thereon situated in an area generally20 located south of Pattison Avenue and east21 of I-95, for further conveyance, under22 certain terms and conditions.23 This bill will enable the City24 to convey this property to PAID for25 4 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 further conveyance at fair market value2 to East Pattison Associates, who plan to3 develop the parcel as a commercial4 parking lot for the Food Distribution5 Center. The net profits of the sale will6 be deposited into the General Fund.7 The Department of Public8 Property supports this measure and,9 accordingly, I respectfully ask that City10 Council approve Bill No. 090434.11 I am requesting a suspension of12 the rules so as to allow for the first13 reading at the next session of Council.14 Thank you. We're here to15 answer any questions you may have.16
Thank you,17 Commissioner.18 Any questions of this witness19 on this particular bill?20 (No response.)21
Anyone else22 to testify on this bill?23 (No response.)24
There being25 5 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 none, Mr. Carter, please read the title2 of the next bill.3
Bill No. 090435, an4 ordinance authorizing the Commissioner of5 Public Property to record a Declaration6 of Restrictive Covenants for Conservation7 with the Philadelphia County Recorder of8 Deeds on that certain deed conveying a9 parcel of land to the City of10 Philadelphia dated June 17, 1897 and11 recorded on June 18, 1897 in deed book12 WMG, Number 192, , for13 conservation of a tidal wetland located14 within Bartram's Garden, a park and15 botanical garden located at 54th Street16 and Lindbergh Boulevard, under certain17 terms and conditions.18 (Witness approached witness19 table.)20
Good24 morning, Mr. Focht.25 6 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1
Good morning,2 Councilman Clarke and members of the3 Committee. My name is Mark Focht. I'm4 the Executive Director of Fairmount Park.5 It's my pleasure to appear before you6 today in support of Council Bill No.7 090435, authorizing the Commissioner of8 Public Property to record a Restrictive9 Covenant for Conservation of a tidal10 wetland located at Bartram's Gardens and11 owned by the City of Philadelphia under12 the jurisdiction of Fairmount Park.13 Bartram's Garden is America's oldest14 living botanical garden and includes an15 18th century farmstead, wildflower meadow16 and tidal wetlands. It is unquestionably17 one of the jewels of the Fairmount Park18 system.19 By way of background of the20 proposed ordinance, the City of21 Philadelphia, through Fairmount Park,22 will enter into an Access and Mitigation23 Project Agreement with Pier 2524 Associates, L.P., Hong Kong and Shanghai25 7 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 Investment Corporation, and John Bartram2 Association for the enhancement and3 restoration of an existing tidal wetlands4 at Bartram's Garden. Pier 25 Associates5 and Hong Kong and Shanghai Investments6 are development partners that received a7 conditional approval from the United8 States Army Corps of Engineers and the9 Pennsylvania Department of Environmental10 Protection for a 206-unit residential11 project to be constructed on Pier 25 on12 the Delaware River at 417 Columbus13 Boulevard.14 The Army Corps has determined15 that approximately one acre of shallow16 tidal habitat will be disturbed by the17 construction and has required the18 developers to implement a compensatory19 mitigation project. The project agreed20 to by the developers, Fairmount Park and21 the John Bartram Association is the22 improvement and expansion of23 approximately 1.24 acres of wetlands at24 Bartram's Gardens. The Restrictive25 8 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 Covenant is a requirement of the Army2 Corps' permit and will ensure that the3 improved and expanded wetlands4 conservation area will remain in its open5 and natural condition.6 The Access and Mitigation7 Project Agreement commits the developers8 to fund $200,000 in restoration and9 improvements to the wetlands and10 establish an $80,000 endowment to fund11 annual maintenance. Highlights of the12 proposed project include expanding the13 tidal wetlands by 8,000 square feet and14 removing invasive plants; creating an15 upland observation deck and interpretive16 signage to educate visitors on the17 function of freshwater tidal wetlands;18 and establishing a five-year monitoring19 program to ensure the success of the20 project.21 The John Bartram Association22 and Fairmount Park are working on two23 other projects to enhance the visitor24 experience at Bartram's Gardens,25 9 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 including the Schuylkill River Trail,2 which will connect 51st Street and Grays3 Ferry Avenue to the tidal wetlands and4 observation deck. An additional5 riverbank restoration will be implemented6 in partnership with the Philadelphia7 Water Department and the Army Corps.8 Therefore, I appear before you9 today to pledge the full support of10 Fairmount Park staff for this restrictive11 covenant and respectively ask that City12 Council approve Bill No. 090435.13 In addition, I ask that the14 rules be suspended so that the ordinance15 may be passed upon the second reading of16 Council.17 Thank you, and I'd be pleased18 to answer any questions. I would also19 add and enter into the record that you20 have been supplied with a letter of21 support from Louise Turan, the Executive22 Director of the John Bartram's23 Association, who is unable to join us24 this morning.25 10 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 Thank you.2
Thank you,3 Mr. Focht.4 Any questions of this witness5 from members of the Committee?6 (No response.)7
Anyone else8 to testify on this bill?9 (No response.)10
Real quick,11 Mr. Focht, with respect to the12 development, the 206-unit residential13 project, do you have any information on14 that specifically?15
I don't. The16 project is up on the North Delaware, and17 they were required by the Army Corps to18 seek out a site of similar quality and19 similar habitat and focused on Bartram.20 So our only engagement with them has been21 around Bartram's Garden.22
Anyone else2 to testify on this bill?3 (No response.)4
There being5 none, Mr. Carter, please read the title6 of the next bill.7
Bill No. 090439, an8 ordinance authorizing the Commissioner of9 Public Property, on behalf of the City of10 Philadelphia, to convey certain tracts of11 land with the buildings and improvements12 thereon known as 1402-1412 West Erie13 Avenue, located on the south side of West14 Erie Avenue, to the Philadelphia15 Authority for Industrial Development for16 nominal consideration, for further17 conveyance, under certain terms and18 conditions.19
Thank you.20 COMMISSIONER SCHLOTTERBECK:21 Good morning, Chairman Clarke and members22 of the Committee on Public Property and23 Public Works. My name is Joan24 Schlotterbeck. I'm the Commissioner of25 12 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 the Department of Public Property. I am2 here today to testify in support of Bill3 No. 090439, an ordinance authorizing me4 as Commissioner, on behalf of the City,5 to convey certain tracts of land with the6 buildings and improvements thereon known7 as 1402 to 1412 West Erie Avenue, located8 on the south side of West Erie Avenue to9 the Philadelphia Authority for Industrial10 Development for nominal consideration,11 for further conveyance, under certain12 terms and conditions.13 This bill will enable the City14 to convey these properties to the15 Philadelphia Authority for Industrial16 Development for further conveyance at17 fair market value to Community Legal18 Services, CLS, with the net proceeds19 being deposited into the General Fund.20 CLS is planning to construct a new21 building on the parcels to service the22 North Philadelphia community.23 The Department of Public24 Property supports this measure and,25 13 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 accordingly, I respectfully ask that2 Council approve Bill No. 090439.3 I am also requesting a4 suspension of the rules so as to allow5 for the first reading at the next session6 of Council.7 Thank you. We're here to8 answer any questions you may have.9
Thank you.10 Any questions of this witness?11 (No response.)12
Anyone else13 to testify on this bill?14 I'm sorry. Councilwoman15 Miller.16
Hi.17 Thank you. Thank you, Mr. Chair.18 Commissioner -- I was getting19 ready to call you Councilwoman. Do we20 know yet the value of the land, the21 assessed value?22 COMMISSIONER SCHLOTTERBECK:23 John does.24 DEPUTY COMMISSIONER HERZINS:25 14 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 John Herzins, Deputy Commissioner.2 $165,000.3
Did CLS7 have or do they currently have a location8 in the North Philly community? I think I9 remember an office.10 DEPUTY COMMISSIONER HERZINS:11 Actually, we have Carol Penn here from12 Community Legal Services. I'll bring her13 up.14
All right.15 I thought the area sounded familiar.16 (Witness approached witness17 table.)18
Good morning.19 My name is Carol Horne Penn. I'm the20 Deputy Director at Community Legal21 Services.22 To answer your question, yes,23 we do have a building at 3638 North Broad24 Street, which is just south of Erie25 15 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 Avenue. We have been in that building2 for approximately 20 years and we have3 outgrown that building and the space is4 inadequate. It's not handicapped5 accessible and comes with many other6 challenges and problems that make it7 difficult for us to serve clients. And8 so when this parcel became available, we9 worked with Public Property, we worked10 with Councilwoman Miller, and we are11 really excited about the opportunity12 about being able to build a new building13 for the community for CLS and service --14 do legal services there.15
We lease the18 space that we've been in at 3638 North19 Broad Street, and former to the leasehold20 there, we were leasing space in the Beury21 Building. So you can know that we've22 been at the corner of Broad and Erie for23 a very long time.24
Right.25 16 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 Okay. Thank you so much.2 Anyone else to testify on this3 bill?4 (No response.)5
There being6 none, Mr. Carter, please read the title7 of the next bill.8
Bill No. 090440, an9 ordinance authorizing the Commissioner of10 Public Property on behalf of the City to11 enter into an agreement to lease to the12 Boys and Girls Club of Philadelphia a13 certain parcel of land and improvements14 located at 328 West Coulter Street, under15 certain terms and conditions.16 COMMISSIONER SCHLOTTERBECK:17 Good morning, Chairman Clarke and members18 of the Committee on Public Property and19 Public Works. My name is Joan20 Schlotterbeck. I'm the Commissioner of21 the Department of Public Property. I'm22 here today to testify in support of Bill23 No. 090440, an ordinance authorizing me24 as Commissioner, on behalf of the City,25 17 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 to enter into an agreement to lease to2 the Boys and Girls Club of Philadelphia a3 certain parcel of land and improvements4 located at 328 West Coulter Street, under5 certain terms and conditions.6 The Boys and Girls Club of7 Philadelphia, Wissahickon Boys Club, has8 occupied this facility under the City of9 Philadelphia since 1980. This ordinance10 will provide for a ten-year lease with11 two additional five-year renewal options.12 The Boys and Girls Clubs of Philadelphia,13 Wissahickon Boys Club, will continue to14 assume all costs for utilities,15 maintenance and repairs.16 The Department of Public17 Property supports this measure and,18 accordingly, I respectfully ask that City19 Council approve Bill No. 090440.20 I'm also requesting a21 suspension of the rules so as to allow22 for the first reading at the next session23 of Council.24 Thank you. We're here to25 18 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 answer any questions you may have.2
Thank you.3 Any questions of this witness4 by members of the Committee?5 Councilwoman Miller.6
Yes. Hi.7 This lease is, what, $1 a year?8 COMMISSIONER SCHLOTTERBECK:9 Yes.10
Thank you,14 Councilwoman.15 Anyone else to testify on this16 bill?17 (No response.)18
Bill No. 090447, an21 ordinance authorizing the Commissioner of22 Public Property on behalf of the City to23 execute and deliver to the Philadelphia24 Authority for Industrial Development a25 19 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 deed conveying fee simple title to2 certain parcels of land, with the3 improvements thereon, located at 22164 through 2240 North 9th Street, located on5 the west side of North 9th Street, for6 further conveyance, under certain terms7 and conditions.8 COMMISSIONER SCHLOTTERBECK:9 Good morning, Chairman Clarke and members10 of the Committee on Public Property and11 Public Works. My name is Joan12 Schlotterbeck. I'm the Commissioner of13 Public Property. I'm here today to14 testify in support of Bill No. 090447, an15 ordinance authorizing me as the16 Commissioner, on behalf of the City, to17 execute and deliver to the Philadelphia18 Authority for Industrial Development a19 deed conveying fee simple title to20 certain parcels of land, with the21 improvements thereon, located at 2216 to22 2240 North 9th Street, located on the23 west side of North 9th Street, for24 further conveyance, under certain terms25 20 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 and conditions.2 This bill will enable the City3 to convey this property to the4 Philadelphia Authority for Industrial5 Development for further conveyance at6 fair market value to the Truth Baptist7 Church. The church is planning to build8 a church edifice, a community center and9 business complex on the parcels.10 The Department of Public11 Property supports this measure and,12 accordingly, I respectfully ask that City13 Council approve Bill No. 090447.14 I am also requesting a15 suspension of the rules so as to allow16 for the first reading at the next Council17 session.18 Thank you. I am happy to19 answer any questions you may have.20
Thank you.21 I don't have any questions for22 the Commissioner. There's someone else23 to testify. I do have a couple of24 questions with respect to the actual25 21 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 development. There seems to be a little2 uncertainty about the process leading up3 to it.4 DEPUTY COMMISSIONER HERZINS:5 Pastor Tynes is here from the church.6 (Witness approached witness7 table.)8
Good10 morning, Pastor. Please state your name11 for the record.12
Thank you.15 Pastor, I know this goes back16 some way. I understand that there's17 actually a support letter from me a18 couple of years old, and it kind of19 caught me off guard on this particular --20 I know during the course of the last21 several months, there has been some22 discussion about whether or not we were23 going to proceed, and I had actually24 asked you to talk to a number of the25 22 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 community representatives; in particular,2 the Net CDC, which is a local community3 organization that it was my understanding4 had some interest in the site. They were5 attempting to form a joint venture with6 APM to develop affordable housing, and I7 had asked you guys to kind of get8 together, and I don't know the outcome of9 that. I'm assuming that it wasn't --10 well, why don't you just kind of tell me11 what you've done as it relates to the12 community side of it.13
From the14 community side of it, we sat down and we15 met in an informal meeting, and I16 basically showed them the plans. The17 biggest concern was parking.18
Well, not a21 community meeting. We had a meeting with22 a few of the community leaders. I don't23 have that information in front of me.24 Pastor Hester was at that meeting.25 23 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1
I actually2 talked to Senator Kitchen this morning,3 because I wanted to get a little clarity,4 because she is actually not only a5 Senator, but she's also the Ward Leader6 for that particular area, and what she7 asked me to do is if we can hold it until8 you had an opportunity, one, to talk to9 her about the use of the proposed10 facility and to get a better sense from11 her perspective of what the local12 community would be interested in having13 happen at that particular community14 center.15 So what I would like to do, if16 it's okay with you, I would like to ask17 for this particular bill to be recessed18 until June 18th, which is the last day of19 Council, at 9:00 a.m. It gives you until20 that point to have a conversation with21 Senator Kitchen and whatever pertinent22 community people that she feels23 comfortable with, and we can have that24 hearing. If everything is okay based on25 24 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 those conversations, then we can move it2 out of Committee at that particular time.3 Is that okay with you,4 Commissioner?5 COMMISSIONER SCHLOTTERBECK:6 Fine.7
It's a11 significant size, this parcel of land, so12 I just want to make sure that I have all13 my ducks in order, so to speak.14
Okay.16 Thank you. If that's okay with you, I17 would like to do that once we get into18 the public meeting. All right. Thank19 you.20 Any other questions?21 (No response.)22
Anyone else23 to testify?24 (No response.)25 25 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1
There being2 none, I would like to thank you. We will3 go from the public hearing into the4 public meeting.5 Councilman Kenney, please --6
Thank you,7 Mr. Chairman. I move that Bill No.8 090434 be reported out of this Committee9 with a favorable recommendation and a10 request made for rules suspension to11 allow for first reading at our next12 Council session.13 (Duly seconded.)14
It's been15 moved and seconded.16 Those approved?17 (Aye.)18
The ayes22 have it. Bill No. 090434 is reported out23 of Committee with a favorable24 recommendation, with rules suspension as25 26 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 to allow reading at the next session at2 of Council.3 Councilman Kenney.4
Thank you,5 Mr. Chairman. I move that Bill No.6 090435 be reported out of this Committee7 favorably and a request made for rules8 suspension to allow for first reading at9 our next Council session.10 (Duly seconded.)11
It's been12 moved and seconded.13 Those in favor?14 (Aye.)15
The ayes19 have it. Bill No. 090435 is reported out20 of Committee with a favorable21 recommendation, with rules suspension as22 to allow reading at the next session of23 Council.24 Councilman Kenney.25 27 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1
Thank you,2 Mr. Chairman. I move that Bill No.3 090439 be reported out of this Committee4 favorably and a request made for rules5 suspension to allow for first reading at6 our next Council session.7 (Duly seconded.)8
It's been9 moved and seconded.10 Those in favor?11 (Aye.)12
The ayes16 have it. Bill No. 090439 is reported out17 of Committee with a favorable18 recommendation, with rules suspension as19 to allow reading at the next session of20 Council.21 Councilman Kenney.22
Thank you,23 Mr. Chairman. I move that Bill No.24 090440 be reported out of this Committee25 28 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 favorably and a request made for rules2 suspension to allow for first reading at3 our next Council session.4 (Duly seconded.)5
It's been6 moved and seconded.7 Those in favor?8 (Aye.)9
The ayes13 have it. Bill 090440 is reported out of14 Committee with a favorable15 recommendation, with rules suspension as16 to allow reading at the next session of17 Council.18 I am going to ask that Bill No.19 090447 be recessed until June 18th, 9:0020 a.m.21 Thank you very much. This22 concludes the Committee on Public23 Property and Public Works.24 (Committee on Public Property25 29 6/9/09 - PUBLIC PROPERTY - BILL 090434, etc.1 and Public Works concluded at 11:40 a.m.)2 - - -3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 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 9, 2009, and that7 this is a true and correct transcript of same.8 9 10 11 12 13 ______________________________14 MICHELE L. MURPHY15 RPR-Notary Public16 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