Committee Hearing, December 8, 2004

COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON PARKS, RECREATION AND CULTURAL AFFAIRS - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, December 8, 2004, 10:20 a.m. BILL 041037 - An Ordinance authorizing the President of the Fairmount Park Commission, the Executive Director of Fairmount Park, and the Public Property Commissioner, on behalf of the City of Philadelphia, to enter into a ground lease with the School District of Philadelphia.... BILL 041038 - An Ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to accept a deed from the School District of Philadelphia for that certain parcel of land commonly known as 8730 Old Line Road... PRESENT: COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILMAN FRANK RIZZO COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN MICHAEL A. NUTTER COUNCILMAN DARRELL L. CLARKE V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, PA 19103 215.561.2220 215.567.2670 2 12/8/04 - Bills 041037 & 041038 - Parks

Good morning. The City Council Committee on Parks, Recreation and Cultural Affairs is now in a public hearing to hear testimony on Bill 6 Nos. 041037 and 041038. We all should be advised that Resolution No. 040912 is being held at the request of the sponsor, Councilman Rick Mariano. So if there are any guests in the audience who are here to participate in the hearings around the status of activity at the stadiums, that resolution, No. 040912, is being held by the sponsor. Joining our Committee this morning are Members of the Committee Vice Chair Councilman W. Wilson Goode; Members of the Committee Councilman Darrell Clarke; Councilman Frank Rizzo, Majority Leader; Councilwoman Jannie Blackwell. And also in attendance are Councilman Michael Nutter. I believe at one point I saw Councilman Jim Kenney, and he's back joining us at this hearing this morning. We will now ask the clerk to read 3 12/8/04 - Bills 041037 & 041038 - Parks the title of Bill Nos. 041037 and 041038.

Bill No. 041037, authorizing the President of the Fairmount Park Commission, the Executive Director of Fairmount Park and the Public Property Commissioner, on behalf of the City of Philadelphia, to enter into a ground lease with the School District of Philadelphia under which the School District will lease from the City certain land in West Fairmount Park in order to construct, maintain and operate a high school; all under certain provisions and conditions. And Bill No. 041038, authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to accept a deed from the School District of Philadelphia for that certain parcel of land commonly known as 8730 Old Line Road; and amending Title 15 of the Philadelphia Code, entitled Parks and Recreation, to place the parcel under the care and jurisdiction of the Fairmount Park Commission under completion of the conveyance of the parcel to the City; all under certain 4 12/8/04 - Bills 041037 & 041038 - Parks terms and conditions.

Thank you. I would like to ask the Council Member representing the Fourth Councilmanic District, Councilman Nutter, in which this new wonderful initiative will sit, to please provide remarks at this time.

Thank you, Madam Chair. You're most kind and gracious. First, let me thank the Committee for its expedient consideration of this matter. It's usually a fairly long process to get to this point, and we're at the tail end of the year. We had a wonderful ceremony not too long ago that Councilwoman Blackwell and I and many others participated in. We're kind of uniquely situated in the park where everyone is kind of near it, but no one lives next door, and the technical location of the school is within the Fourth District, but literally across the street is our residents of the Third Councilmanic District. So Councilwoman Blackwell and I 5 12/8/04 - Bills 041037 & 041038 - Parks have co-shepherded the legislation forward. I'll have a couple of questions when the witnesses come up, but I greatly appreciate all of the cooperation. It's an exciting opportunity for Philadelphia. It may be situated in West Parkside, but all of Philadelphia will benefit from this great school. And I appreciate the School District's vision, their partnership with Microsoft and certainly the City of Philadelphia, as well as the Fairmount Park Commission. There are a lot of players participating in this, and sometimes when we get to these moments, we assume that it all just kind of came together. It most of the time doesn't work that way. So there are a lot of people who deserve a lot of credit, many of whom will be at the table, and I just appreciate the opportunity to introduce the legislation. Thank you, Madam Chair.

You're welcome, Councilman Nutter. 6 12/8/04 - Bills 041037 & 041038 - Parks Shall we ask Majority Leader Councilwoman Jannie Blackwell, who, as you said, co-shepherded this initiative.

We are very excited. We have a lot of hearings all day, as I said. This is a good one, a positive one, and we're excited about the opportunity to have this, quote/unquote, School of the Future out there in an area where my constituents and kids from the Third District and the Fourth District share, as well as citywide, the opportunity for this great school. School is always a good thing, and to have a wonderful school like this is just a win-win for us all. So we're happy to be a part of trying to garner support among our colleagues for this and thank everyone. Thank you, Madam Chair, and thank everyone for being here and being involved.

You're welcome, Councilwoman Blackwell. With that, we will now ask our testifiers to please come forward, and the 7 12/8/04 - Bills 041037 & 041038 - Parks first panel includes the following: Debra Kahn, Secretary of Education; Karen Borski, Executive Director for the Fairmount Park Commission; Ellen Savitz, representing the Philadelphia School District; and Joan Schlotterbeck, Commissioner for Public Property. Please be seated. We'll start with Debra Kahn, Secretary of Education. Please state your name for the record and proceed with your testimony.

Thank you very much. My name is Debra Kahn, Secretary of Education for the City of Philadelphia. Let me say good morning to the Chair, Councilwoman Reynolds Brown; Vice Chair, Councilman Goode, and the other members of the Committee and Members of Council. I too am absolutely very happy to be here this morning on behalf our Administration in support of the bills that have already been read into the record and the titles as well. As the Chair has already introduced, with me at the table are Karen Borski, the 8 12/8/04 - Bills 041037 & 041038 - Parks Executive Director of Fairmount Park Commission, and Ellen Savitz, the Chief Development Officer of the School District, who is spearheading this project at the School District, and Joan Schlotterbeck, the Commissioner of Public Property. Let me please begin my testimony, and with your permission, what I'd like to do is just offer a brief introduction and then have Ms. Savitz discuss and present some of the highlights of the project, the main features of the School of the Future and then ask Ms. Borski to review the highlights of the ground lease and actually the terms and conditions of that transaction. Let me begin by expressing our very deep appreciation for the tremendous collaboration that is underway among Microsoft Corporation, the School District, the Fairmount Park Commission, many City agencies and the West Parkside community, which has enabled the project to proceed to this point. We appreciate Councilman Nutter's comments. It's very correct, it didn't just 9 12/8/04 - Bills 041037 & 041038 - Parks happen. And we also really have appreciated all along the way City Council's tremendous involvement already, your knowledge of the project, your attention to the information that's been provided and the attendance of many of you at the ground breaking, at the ceremonial ground breaking, that occurred just a few weeks ago. All of your suggestions and comments have been very, very helpful along the way. Microsoft Corporation has shown great confidence in Philadelphia by investing its leadership, its reputation, its brain power and its dedication to innovation in this new venture, and as I think you will hear, we really intend to make the most of this opportunity. The School of the Future is big news for Philadelphia. It will be the first new from-the-ground-up high school that's built by the School District since Edison High School opened in the late '80s. With Ms. Savitz here, however, I'd be remiss if I didn't include in that history our magnificent High 10 12/8/04 - Bills 041037 & 041038 - Parks School of the Creative and Performing Arts, which was largely both a renovation and an addition project. But the point is, this is big news and not something that happens in Philadelphia every year. And for me, the excitement of this project is really both symbolic and substantive. It's symbolic because it represents how far we've come to improve the prospects for public education in our City. It was only three short years ago that Mayor Street reached an agreement with Former Governor Schweiker to install a new governing arrangement, obtained more funding and improved the overall quality and performance of our School District. This cutting-edge project, which has drawn the attention of businesses and educators around the world, might not have been dreamed even possible back then, but it surely is a sign today that public education in Philadelphia is forward thinking and on the right track. Substantively, I think the School of 11 12/8/04 - Bills 041037 & 041038 - Parks the Future is even more exciting. In every aspect, as you will hear, the design, the technology, the approach to instruction, will break new ground.

For the students who are fortunate to attend, this partnership promises to offer them a much-improved educational experience and that those lessons will be spread around the School District and indeed around the world to all of the other students who learn and teachers, the teaching and learning lessons that we gain through the use of technology, so that Philadelphia's graduates will be competitive in a 21st century that we can only begin to imagine. The school will also offer, we think, great benefits adults as a community meeting and learning facility. We anticipate that there will be great interest in using the school's public spaces, and our Administration has urged the School District to be especially accommodating to these requests. The School District leadership approached our Administration early on in the planning process for assistance in securing a 12 12/8/04 - Bills 041037 & 041038 - Parks site for this special school. At the Mayor's suggestion, because of the significance of this project, we took the unusual step of exploring the use of parkland and settled on the location at 40th and Parkside because of its many advantages for this project. Though the site offers natural beauty, the School of the Future will not really be isolated. It will be part of the West Philadelphia community and complement the development work that's been underway in Parkside. We are very grateful to the neighbors for taking an interest in the project and offering their advice and support, and to the School District for its commitment to be a good neighbor in the park and in the community. The location is also accessible to students throughout the City, a factor that's very important in fulfilling the enrollment plan for the school, which is to serve young people within West Philadelphia and also citywide. 13 12/8/04 - Bills 041037 & 041038 - Parks Lastly, the site presents opportunities for sharing public spaces between the school and the park, principally the athletic fields, which will be utilized by students during school hours and by the general public in the evenings and on weekends. The School of the Future is on a tight timetable, as are you in City Council today, in order to meet the goal of opening in September of 2006, and for this reason, we are respectfully requesting approval of the ordinances and again express our appreciation to you for hearing these ordinances today so that final adoption can occur on December 16th and the construction that's planned by the School District for February can begin. Thank you very much, and now I'd like to have Ellen Savitz describe the project.

Thank you for your testimony.

Good morning again, Madam Chair and Members of the Council 14 12/8/04 - Bills 041037 & 041038 - Parks Committee. I can't begin to tell you how grateful we are for the support that we received from all of you. This is one of those projects, again, where it's sort of an eclipse and all the planets have to line up, or whatever it is. All of the planets had to line up perfectly and all the forces had to come together, and you've done it. And so despite a million reasons why this couldn't happen, this is happening, with your support and the support of many. So we're really excited about this being a collective project of many, many people and everybody feeling that this is a real win for the City. I want to mention that I have with me Charles Allen, my colleague, who is the Project Manager for the education side of this, and he has some information that he'd like to have distributed, if someone can come down and take these folders and give them to you. And while that's happening, I'll continue to go on in the interest of time. 15 12/8/04 - Bills 041037 & 041038 - Parks I also want to mention I have Mary Cullinane with me. Mary is the Technology Architect for Microsoft that has been loaned to this project for three years and has been incredible in forcing us to challenge our beliefs and really put in place not only what's possible but what is appropriate and right to do. We expect that the learnings that we get from the School of the Future will raise the level of debate about education throughout the United States, as well as the world. To give you an idea what a big thing this is for Philadelphia, the little ground-breaking ceremony that we had several weeks ago to symbolically announce the school got 4 million media hits. Everyone in the world is interested in this project and looking at this project, because this is about a new way to teach kids and a discovery of what education should be in the 21st century. We have drilled down into the classroom and the teaching and learning process in and out of the classroom and 16 12/8/04 - Bills 041037 & 041038 - Parks thought about what makes education relevant and continuous and adaptive for kids, what we can do using technology as a tool but using basic instructional methods that will produce best practices. So besides the beautiful building, which clearly has been designed with the community and with the education department and with our design and construction folks to really serve the end users, we have a lot going on in terms of creating a new way of looking at teaching and learning that we expect to share and Microsoft, of course, expects to share with the world as we go forward. I want to talk about the community briefly, and if you don't mind, I'm going to go up here so I can actually show you. The first floor of the building was designed very much to meet community needs. There are community basketball courts and so on in Memorial Hall, which will be lost as it gets renovated into the Please Touch Museum. So we worked hard to try to provide that so 17 12/8/04 - Bills 041037 & 041038 - Parks that there wouldn't be a loss of those kinds of bids. So this is the first floor. You walk in, and over here is -- we're calling it the Interactive Learning Center. What you would think of is a library, but this is for adults and kids to be able to come in and either learn technology, use technology, work together. There's a wonderful little small room here where kids can just gather, and this will be available to the community perhaps during the day on a scheduled basis, but certainly after school. There is a fitness center here for both the community and the kids in the building, two gyms back here, which will be scheduled for a variety of community activities. During the day, the cafeteria, food court for the kids. It has an outside little balcony where for good weather they will have tables, and that will be a great meeting place for various people from the community, large and small.

18 12/8/04 - Bills 041037 & 041038 - Parks And then over here is the theatre, and the theatre picture is here. What we've done at some expense, but which we really think makes a difference, these little sections of the auditorium, this is the stage, regular chairs, you can turn these so they face also auditorium seats or they close, the floor moves, so that if somebody wants a small place that seats 50 or 60, they could do that during the school day and we could still have an assembly, or whatever was going on here, or music practice back here and we could accommodate community meetings or meetings that Members of City Council or Government want to do. So those are very special spaces. We expect to do a large arts program here. There will be a graphic arts studio, which will also use the technology. There is a full music program. We think that we might be able to combine with the community to do musicals or performances that would be fund-raisers for us and the various community groups. We have really worked hard to listen 19 12/8/04 - Bills 041037 & 041038 - Parks to the members of the community, because this is a community school, and we're very, very excited about that. We're going to be offering after school, once the school day ends, there will be sports, there will be technology classes, there will be adult seniors coming in to tutor or mentor our students, but there will also be availability for instruction for seniors, so that if they want to come in and learn how to e-mail their grandchildren, we'll have courses to do that. Many of our seniors have little or no knowledge of the whole technology piece. We're going to bring them in, because all the students are going to have their own device, a personal computer, and they're going to take those home to their families and their parents, and we want the entire community and hopefully take advantage of the wide web that the Mayor has proposed so that there will be access to computers and to the Internet and various other things from people's homes or right outside them, because the entire City 20 12/8/04 - Bills 041037 & 041038 - Parks will be wireless. So we're particularly excited about the fact that this is a community school with others coming in, joining the community and where members of the community can tell us what they want to do. So that's very exciting. There are other pieces of the plan that you could look at over here. I won't take up too much of your time. We really tried to make sure that the design took into account largely the beautiful setting that it's in. So this is a vista from the third floor hallway, which will be totally glassed in at the end, and you see the park and a little bit of the Civil War Memorial. We designed a building -- and our architects are here. I want to recognize them, Scott Prisco and Joe Vasta. They designed a building with no front, no back, every angle, because it faces Memorial Hall sort of here and Lansdowne Avenue and Parkside Avenue. So there is actually a main entrance 21 12/8/04 - Bills 041037 & 041038 - Parks in the front, but all of the vistas, all of the elevations don't look like the back. Everything looks like a very beautiful piece of a beautiful building, and that way, wherever you are in the park and however the park Centennial project develops, we will be right there with them. So you can see the elevations here, and this sort of gives you a sense of the park and what the building will look like. It's gorgeous and it's set up for the kind of instruction that we want to do and the kind of interaction with the world that we want to achieve. I'm going to stop, but I'd like to call Reba Smallwood to the microphone, because there have been issues about MBEC related to this project and many others, and we've worked on that very carefully, and I wanted Reba to explain it to you before we even get into it, and then, of course, you'll have questions.

Thank you very, Ellen Savitz. Welcome. Good morning. 22 12/8/04 - Bills 041037 & 041038 - Parks

Good morning, Chairman and Members of Council.

Please state your name for the record.

My name is Reba Smallwood. I'm Director of Small Business Development for the School District. I'll make this quick, because we have been partners with the City since the inception of the new anti-discrimination policy and we have had Council people that are invited to share information -- for us to share information with to keep you on board. So what I want you to know is the same process and the same commitment that we have had with our anti-discrimination policy that's in place will certainly be enforced in this project. And like she said, the world is looking at this project. Everyone wants a piece of it. So the outreach, the information sessions, the training that we do in the normal course of our anti-discrimination policy and monitoring will be done on this project. 23 12/8/04 - Bills 041037 & 041038 - Parks We have taken the best of the City's policy and the best of the School District's policy and merged into an anti-discrimination policy for this project only, and by doing that, we were able to include employment goals that were not in the normal School District policy. And those goals for participation on the contracts and the employment will be established on a contract-by-contract basis. So where you see overall goal of percent, 13 that's at the end of the day. When contracts 14 might come in that might lend itself to 45 15 percent participation, that will be it, but 16 there will be some where there won't be that 17 level. But at the end of the day, 25 percent, 18 one quarter of the participation on those 19 contracts, we want to be from minority and 20 women-owned companies. 21 The information will go out in every 22 bid. Every bid that goes out for the capital 23 program will have the ranges established by 24 the City of Philadelphia, which we include in 25 our bids as they go out. So it's no secret 24 12/8/04 - Bills 041037 & 041038 - Parks when the time comes to bid on these projects what the responsibility is of the prime contractors and the subcontractors. All of them will also be given out at pre-bid conferences and advertise them. We have opportunity alerts. So we will keep the City informed and Council informed about the opportunities. So I'm just here to ensure you, this is a commitment, and anyone that has worked with us or me for the last years knows that 13 this is something that is a commitment and 14 that is real and meaningful and will be 15 carried out. 16 So I'll be here for questions as you 17 question the others, and thank you. 18

Thank you, Reba and I'm going to hand the microphone over to another miracle worker on this project, Karen Borski, from the Park Commission, the Executive Director, who really helped us get far in this project.

There are a number of Council colleagues, 25 12/8/04 - Bills 041037 & 041038 - Parks including myself, who will have many questions across the board. What I'd like to do, Councilman Nutter, is to roll through the testimony, get that on the record and then open it up to what I'm sure will be a series of questionings. Ellen, forgive me. Karen Borski, Executive Director for the Fairmount Park Commission.

Thank you, Madam Chair.

Please state your name for the record.

Yes. I am Karen Borski, Executive Director, Fairmount Park Commission, and I appreciate the opportunity to be here today to comment on the actual terms of the ground lease between the School District of Philadelphia and the Fairmount Park Commission for this project. The actual terms of the lease I'd be happy to go through as a question and answer segment of it. We addressed this whole issue over the last 18 months or so, looking to make 12/8/04 - Bills 041037 & 041038 - Parks sure that it moves forward in the interest of the School District and the Microsoft effort in creating a School of the Future in West Fairmount Park, and at the same time, working to establish the mission of Fairmount Park, keep that intact, let it grow in this growing partnership with the School District as we move forward. Fairmount Park's issues were all met in the course of that lease agreement. We're very happy with the final result. There is a grant consideration. There is improvement and maintenance of our athletic fields. There is an acre-for-acre equivalency swap so that the Fairmount Park Commission did not, in effect, lose land in this process. So as our considerations were met, I'd be happy to talk about anything specific that the Council Members would want to address. Thank you.

We appreciate your willingness to allow us to address our questions to areas you discuss during the Q and A. That helps us enormously, 27 12/8/04 - Bills 041037 & 041038 - Parks although we're not going to rush through this, but to use that particular method would be fine. Let's then invite up Joan Schlotterbeck, our City's Commissioner for Public Property. Good morning.

Good morning. I'm Joan Schlotterbeck, Public Property Commissioner. Basically I'm here today to lend --

I want you to be comfortable. Have a seat.

Have a seat? I didn't even realize she got up. I'm here today to totally support both Bills for the School of the Future, and that's my main purpose for being here today.

Thank you very, very, very much, Commissioner.

You're welcome.

Ellen, in your introductions, you quickly 28 12/8/04 - Bills 041037 & 041038 - Parks introduced us to the architects. Please state their names again for the record, as well as the construction managers on this project, for the record, and those who are represented here today.

Sure. The architects are the Prisco Group. Present today is Scott Prisco and Joe Vasta, who is the Project Manager. That's V-A-S-T-A. And we have met with many, many members of the Prisco team, but they are representing them today. Also here is Bill Carter from Gilbane, who is the Construction Manager, and they have also been exceptional in pushing this along and figuring out the best way and the most economic way to do this job. We also have two people from our design and construction department who have really worked diligently on this project. They're School District folks, and that's Terry Wilson and Joe Joseph, who are sitting right here.

29 12/8/04 - Bills 041037 & 041038 - Parks As a former teacher, we want to put the names with the faces. So we want to ask those gentlemen to call their names so that we can put the name with the faces and have them rise.

Okay. Great. Would you, Joe?

My name is Joe Joseph. I'm the Project Executive from the School District of Philadelphia.

Thank you. And?

I'm Terry Wilson. I'm in the Deputy Design Management for Philadelphia School District.

And the other three gentlemen that did not rise?

Bill Carter, CM for Gilbane Building Company.

Scott Prisco with the Prisco Group, architectural process.

Joe Vasta, 30 12/8/04 - Bills 041037 & 041038 - Parks Prisco Group, Project Manager.

We thank you very much and welcome you to these chambers.

And you should probably also note for the record, Mary, if you would stand up.

Yes, indeed. MS. MARY Cullinane: Mary Cullinane from Microsoft Corporation.

Welcome. I will begin with a couple of questions and then give all of my colleagues an opportunity to offer questioning, and mine appear in no particular order. Please speak to the enrollment plan, both West Philadelphia young people as well as citywide.

Well, the premise for the school was that students who have been very successful in their previous educational experiences and students who have 31 12/8/04 - Bills 041037 & 041038 - Parks not can all rise, because they will have a nurturing, challenging environment, because they will have instruction that is geared to adapting to their learning styles and they will have the empowerment of the technology to move them forward, or if they're on level, to move them higher, so that eventually they will all be, by the end of ninth grade, we hope, fully --

Equipped.

-- equipped to go on and move. It's a college-bound curriculum. And it is a neighborhood school essentially, but it is also a magnet school. The way we're going to work it is, 75 percent of the population -- and the school will top out at around 750 kids. So we will start with the ninth grade class in September '06, and 75 percent of the members of that class will come from the theatre pattern that we have determined, which takes in a very large area of West 32 12/8/04 - Bills 041037 & 041038 - Parks Philadelphia, both in Councilman Nutter's district and in Councilwoman Blackwell's district. And they're be selected, by the way, by lottery. They will apply and we will just simply select whatever the 75 percent number is. Then the other percent will be a 9 lottery from anywhere in the City, and those 10 students apply as they would apply to any 11 magnet school and they will be selected by 12 lottery. Those percentages could change as 13 demographics change or as the school really 14 gets up and running and the school 15 administration feels that they want to tinker 16 with that a little, with consultation, 17 obviously, from Council and the School 18 District, and those decisions would be 19 carefully made. 20 But right now, we feel it's really 21 fair to the community, and it's a large 22 community that we've taken in. The map 23 actually is in your folders of what we've 24 defined as the community. And then 25 percent 25 for the City for anybody anywhere. 33 12/8/04 - Bills 041037 & 041038 - Parks So that's the enrollment process as we've established it now. And they will apply for the school next November this time or December to go in September '06, because that's when kids pick high schools. So we're very excited.

Awareness and outreach becomes incredibly important. Can you speak to how the world you just described will be informed and alerted of this enormous opportunity.

Many of the elementary schools in the area already are aware of it, but we will do some serious conversations. The students who could apply are currently sixth graders. When they are seventh grade, we will begin to visit each school, have them understand what this is and what it isn't, because for some kids it may not be a fit. So we're going to do a huge through the whole school fair process and all of the things we normally do to get out what high school possibilities are. This will certainly 34 12/8/04 - Bills 041037 & 041038 - Parks be one of them, and use all of those processes. But we will also be visiting -- a team would be visiting every elementary school, speaking to the seventh graders and hopefully parents at the same time about what the opportunities will be and what the school really is, not what the hype says and not what -- So we will do a big outreach, but we thought at sixth grade it was a little too early.

My second and final question for this round goes to an issue where our City can and should do better, and, that is, MBE and WBE participation. I hear that percent is the 18 established goal and that that may rise or not 19 depending upon the area of activity. 20 What measures, safeguards are in 21 place to hopefully exceed that goal? 22

I'm going to 23 let Reba talk to that. 24

Yes. We 25 fully intend to exceed the goal. Just as an 35 12/8/04 - Bills 041037 & 041038 - Parks example, the current professional services on this contract for these gentlemen, the Prisco Group and the others, even though the overall goal is percent, we achieved 42 percent in 6 that contract. 7 So that it's our outreach, our 8 weekly and monthly training, our opportunity 9 alerts. We have a network of activities that 10 we do to try to get the word out, and monitor 11 who comes in and what the responses are, so 12 that we have in place and we're looking every 13 day to see what additional things that we can 14 do to ensure that we don't have just a 25 15 percent. That's a floor. That is not the 16 ceiling. So I think that you'll be pleased at 17 the end of the day to see that we more than 18 achieved the goals that we've set. 19

I 20 do have a follow-up, but I'm going to hold on 21 that, because it may very well be addressed by 22 one of my colleagues. 23 We'll now move to the Councilman 24 representing the Fourth Councilmanic District, 25 Councilman Michael Nutter. We'll do five 36 12/8/04 - Bills 041037 & 041038 - Parks minutes per round and then we'll rotate again.

Thank you, Madam Chair. Ms. Savitz, let me go through a couple items relatively quickly, just for the mechanics of all this. When do you expect to start the project and when do you expect it to be completed?

Well, we're hoping to begin the actual construction in late February, early March, depending on the weather, and then, again, on a very fast track. But I have to say that one of the reasons that we are trying to do this as quickly as possible is because there are kids in the City -- and we're only going to be able to help 750 of them here, but I suspect that there will be calls for this kind of school in other sections of the City, and we are using the learning that we're doing for all of our new schools and for some of our other schools as well. So in order to get this out there 37 12/8/04 - Bills 041037 & 041038 - Parks and ready for kids by '06, we have to do some very serious bumping up of the construction schedule, but we fully expect the building to be open and ready for the ninth grade class in September '06. Hopefully it will be finished by August 1st. There may still be a few things that need tinkering, but that's the plan.

Well, when you started and you said you hoped to start in late February, early March, is there something that might interfere with that?

I doubt it. We have to go out for bid and we have to wait for the bids to come back, and then they need, whoever is chosen as the contractor, needs apparently a window of time to get certain certifications and to get their trailers in place. You know, I'm talking about stuff that is not my forte, but assuming that the bids go well and everything goes as it should, we're going to start -- maybe I should check. The current plan is to start in mid February. I told you, this is a little 38 12/8/04 - Bills 041037 & 041038 - Parks miracle that we're all going to be lucky to participate in.

Thank you. I think you answered this question already, but I want to make sure that I'm clear. In terms of students, the prospective ninth graders, their parents would fill out, I don't know, EH 36 or 38 for November of 2005?

Right. And my wonderful colleague reminded me that those kids would be seventh graders now and would be going into eighth grade next year. So we will have to begin to really pump up the outreach for this spring. They're going to fill in. There is a regular Philadelphia high school selection form. They will fill that out. They may put Central or Bock or this school, whatever it turns out to be named, and then we will do a lottery and then inform the ones that have been accepted.

Now, from a previous discussion, it is my understanding that since this technically is a neighborhood 39 12/8/04 - Bills 041037 & 041038 - Parks school, the boundaries from which students will be considered for the 75 percent component goes as far as, let's say, part of University City to either the south or the east, working itself pretty much west up through the Cobbs Creek area and north of Market out to where City Avenue intersects with the Schuylkill Expressway, and the river is the other boundary. Is that correct?

The map is in your folder. We actually moved it around a little bit at the suggestion of a variety of people and in response to your questions when we met last time, Councilman. So it now goes up further on City Avenue up to Kelly Drive and then, as you said, goes down through the University City area.

So these are the official boundaries for the school?

These are the official boundaries for the school.

Okay. And tell me a little bit about the outreach plan in terms of these now seventh graders who may 40 12/8/04 - Bills 041037 & 041038 - Parks or may not at the moment have the School of the Future at the forefront of their minds. How are they and their parents going to find out about this?

Well, this spring, probably March, April, May, because they won't be making a decision until the fall, we need to gather the seventh grade students and their parents. We used to go out and describe Creative and Performing Arts. I asked for a meeting and parents were invited, and they came. If parents don't seem to be able to get there, we will go visit a home and school meeting or a community meeting or whatever we can. It is very important that this community understands and, frankly, the community at large -- and we'll have to figure out how we get it out to all of them -- that they have an option to do the school, and by then, it will be in construction, they will realize it's going to happen and we will describe that. 41 12/8/04 - Bills 041037 & 041038 - Parks So through March, April and May, through my office and the educators, we'll go out to schools, reach out to parents. If they don't come to the schools when we want to talk to them, we'll go to their community organizations.

How are you going to deal with parents who have possibly a seventh grader who is not presently a student in the Philadelphia public school system but who live within the boundaries for this, quote/unquote, neighborhood school?

They are eligible to apply. We clearly picked out -- there are schools within this area, but one of the reasons we moved the boundary up is that while there are no schools in the additional piece that we added, there are folks living there whose kids may not be in our system at the moment or may be in our system. So if you live within this catchment area, you may apply. Whether you attend a Philadelphia public school now or not, assuming we need to see -- obviously we'll be 42 12/8/04 - Bills 041037 & 041038 - Parks checking for deeds or leases or something that confirms addresses, because we've already gotten at least six or seven application comments or questions, and I suspect there will be great interest. So we will be checking addresses carefully. But, yes, anybody in the area, Councilman, may apply.

Okay.

Last and final question for this round.

We can go.

What did you say, Councilman?

I have more, but it's the tail end of the year and in the Christmas spirit, I'm adjusting myself. I'm actually giving time back. It's a new me.

Thank you, Councilman Nutter. Thank you very much. We will now proceed then to Councilman Frank Rizzo.

I just have 43 12/8/04 - Bills 041037 & 041038 - Parks one short question. It's more a curiosity question than anything. Could you explain why we need to involve ourselves in a lease? Why isn't this just a gift from the Fairmount Park Commission to the School District? Why do we have to do a lease arrangement to get this accomplished?

I think the answer is just the way of doing business. We have had ground gifted to us, but I don't know that anywhere in Commission history have we really as a Commission in any sort of form bequeathed land to others. We have lease arrangements and license agreements all over the City with various athletic organizations and things like that.

But this is not an athletic organization. This is the School District.

Right. It's sort of an interesting question almost after the fact.

This is the School District of Philadelphia. 44 12/8/04 - Bills 041037 & 041038 - Parks

Right. I think that that was probably our greatest interest in making this work, was that we did want to partner with the School District in a very successful way.

What significance does the lease have? What does it do to complicate in the next century, the next decades? Would it be better to revisit it and look at a clean acquisition rather than a lease? Again, I'm not sure whether there's any significance, lease versus gift, but at least the legalese should be able to tell us if there is potentially any complication. Matter of fact, I'm thinking now, maybe on my feet here, that it's better that it's a lease because you never know if the City would start to sell assets and that would block, I would believe, any potential sale of the school to turn it into a Bally's.

Right. No. 24 I think that we looked carefully at the protection issued. 45 12/8/04 - Bills 041037 & 041038 - Parks

Really getting a comfort level here. Can we take a recess?

Councilman, I have a Commission meeting later this afternoon. Don't get me in any trouble here.

But I think it's something that we should really look at. Does it tie the School District up?

Right; and/or the park system. I can come at it more from that angle.

Councilman, I would think the real issue for us is -- I think the director is correct. We would never just give anyone any park land, but, secondly, were something to happen in the future, we still own the land. And I would now ask more of a lease question. If somehow some way the school went out of business, do we take the property as well, the improved -- I mean, we take the building as well, right?

Yes.

If we gave 46 12/8/04 - Bills 041037 & 041038 - Parks away the land, someone else would own it, who could then do whatever they wanted to do. So I think we have the ultimate control over forever. This is a 40-year lease with four ten-year renewals? Right. So you got 80 years of lease time. I don't think we could ever want to give -- I mean, as wonderful as the company may be, we always want to hold onto our land.

Good.

We love real estate. Thank you.

Thanks.

Anything else, Councilman Rizzo?

That's enough.

For now.

For now.

Councilman Jim Kenney, please.

Thank you, Madam Chair. 47 12/8/04 - Bills 041037 & 041038 - Parks

You're welcome.

Thank you, Madam Chair. I appreciate the opportunity to ask some questions. First I'd like to comment on the School District overall. With the exception of some tragic incidents that happened recently, I'd just like to say that since this new governance scheme went into place and since the advent of Mr. Vallas and the staff and the elevation of people like yourself, Ellen, to positions of leadership, I think the School District has turned itself around tremendously. I really do. I think it should be proud of itself, proud of its kids, and as someone who has perhaps been critical in the past, I really do feel like there's a team effort within the District and also within the Government and Council to really make this stuff work. I sense no more whining, no more complaining, do the work, create our relationships in Harrisburg, get the money 48 12/8/04 - Bills 041037 & 041038 - Parks that we can get and get more if we can get it and move forward. And I just want to commend you all, and Paul. He's not here, but I just want to say what a wonderful job that I think you guys have been doing. This is the example of how a private company can have faith in a district when the district takes care of its own business and moves forward, and I think that stuff is going to continue to come.

And I'm sorry that Paul isn't here to hear that. I will relate it, certainly. I was supposed to start by giving you apologies. We have a School Reform Commission meeting today and Mr. Vallas needed to be present there, but he wanted to apologize for his absence and express his gratitude, and I neglected to do that, so I don't know if I'll be here next week. But I will tell him.

Speaking for myself, I actually look forward to you guys coming in here now as opposed to past years appearances. Thank you. 49 12/8/04 - Bills 041037 & 041038 - Parks A suggestion: I know a number of private schools have what they call a pre-eighth grade summer program, pre-ninth grade summer program. Sometimes the pre-ninth grade is required because kids are having difficulty in certain areas. Is there any thought to once the school is up and running that when kids are selected through lottery, that they are encouraged or even perhaps required based on their grades to come in for a six-week period daily? And I know these pre-eighth and pre-ninth summer programs are not all school work. You come in, you do a certain number of work in the classroom, you have some recreation activity, you have some social interaction and some other things. I really do think -- and my son went through at St. Joe's Prep both pre-eighth and pre-ninth, and when he started as a freshman in September two years ago, he was acclimated to the school. He knew the people, he knew his classmates, he knew his teachers, he knew where the bathrooms were and where the 50 12/8/04 - Bills 041037 & 041038 - Parks classrooms were. Is there any thought to doing that? Not a summer school program, not a mandatory summer school program, but this kind of getting ready for school? Plus it takes them off the street in the summer and puts them in an air conditioned buildings and it's a lot of fun.

I'm going to give the microphone to Mary Cullinane, because we have given some great thought to this. So I'll let her answer that question.

Thank you. And on behalf of Microsoft Corporation, I'd like to thank the City of Philadelphia and the Councilmen's support of this initiative.

I think we ought to that thank you. We appreciate your being nice and polite, but we thank you, trust us. Thank you. It's a great company. MS. MARY Cullinane: We're thrilled with the partnership.

It's a great company and we're happy to be associated 51 12/8/04 - Bills 041037 & 041038 - Parks with it. MS. MARY Cullinane: We are truly thrilled with the partnership. In response to your question, we've given considerable thought to what we're referring to as an acclimation program. So having --

What type of program is that? MS. MARY Cullinane: An acclimation program. So how do we acclimate not only the students, but the parents and the families and the community at large and the organizations that will be associated on an ongoing basis to what the experience will be like once the students enter the buildings. And the more acclimated they are prior to the beginning of that school year, the more comfortable they are, the more likely they'll be successful in the beginning. That period of transition from eighth to ninth grade is a critical period of transition, and that transition will be 52 12/8/04 - Bills 041037 & 041038 - Parks heightened to a certain degree because of the changing environment that they're entering into in this type of school. So working with the elementary schools in the area as well, so that that orientation can begin to the thinking in the seventh and eighth grade. Then an acclimation period during the summer prior to them coming into the ninth grade hopefully will mitigate some of the challenges that they'll have in September of their first year.

And I believe whether the child is accepted or chosen by lottery or not, the opportunity for a child to be in a pre-eighth, pre-ninth grade program helps them with their studies moving forward, regardless of where they go to school. MS. MARY Cullinane: Absolutely. And since the goal truly of this school is to take these lessons in this environment created and have it permeated throughout the district. Those lessons that those students learn in the eighth grade will 53 12/8/04 - Bills 041037 & 041038 - Parks be transferable, regardless of the school that they enter into.

The last question I have relative to admission is, I've not traditionally been a great fan of lottery admission. Lottery with some type of additional grading or discipline criteria, those kinds of things, I've always been more in favor of. With this particular school, I think the opportunity to do a lottery and do it right makes sense in the beginning, because I think the whole concept is to take kids who are achievers, who are middle achievers and underachievers, mix them together and let them all achieve. So we can only really do that by lottery. Is there any issues or consideration relative to this past discipline in the lottery process? Achievement is one issue, but discipline also is another issue. I'm wondering whether or not there's going to be any type of screening discipline-wise. Again, if a kid is underachieving but not a 54 12/8/04 - Bills 041037 & 041038 - Parks discipline problem, certainly if he or she wins the lottery, there's a tremendous opportunity. But there's been a history of discipline issues. How do we get off on the right foot? MS. MARY Cullinane: We've had significant debate on that within the Committee to establish the policy. There is specific research and some thinking that says discipline is an outgrowth or problems with discipline is on outgrowth of a lack of connectivity or a lack of relevance in their instruction. So if you deal with that issue, the discipline would go away. So we do not want to prohibit those individuals from experiencing the school, because one could argue that their discipline issues will go away once they do.

And I think with this school and this concept, I agree with it. When some magnet schools, I don't agree -- for example, we've always had a discussion about Saul School. I mean, we've had kids that have won the lottery to go to 55 12/8/04 - Bills 041037 & 041038 - Parks Saul, but don't like animals, but their parents want them to go to Saul, which is a recipe for disaster. In this particular situation, I think it's worth in the early years taking that chance to see if that theory in fact works. MS. MARY Cullinane: Sure.

I was just wondering whether or not there's any review of past discipline just so people are aware of what the profile of the child is coming in. MS. MARY Cullinane: As far as a policy, to your point, we do not want to look at that as a criteria. We really want to be able to demonstrate that given appropriate learning environments, success can be achieved for all students. If at the end that needs to be revisited in a few years, we have the ability to do so.

I think in the beginning it's a sound theory. Just one quick one. On the West Philadelphia map, why is that little tail of 56 12/8/04 - Bills 041037 & 041038 - Parks Overbrook?

Repeat that, Councilman.

On the West Philadelphia map where the school boundary is, there's a little tail here of Overbrook that's not in there, and I'm wondering why and where do those kids go to school.

Lamberton.

Oh, okay. It seems like an odd way to end it. I mean, it could go to the point and it just cuts off, and it just seemed odd; that's all.

Our sense was that Lamberton is a K to 12 school and essentially the kids follow that pattern. We are open to suggestion. It's a very large area, but if there is strong feeling that that area should also be included, that's fine. What we're doing is, we have kids from Overbrook High School, which would normally attend Overbrook High School, or University City High School, who would come to this school and also help with some 57 12/8/04 - Bills 041037 & 041038 - Parks overcrowding issues at Overbrook and at U City. Lamberton High School does not have an overcrowding issue. It's a very small school. It has about 500 kids now or 450. So relieving overcrowding in that area was not helpful to the broad plan for the School District. We were working --

I'm sure the District Council people have dealt with this. It was curious to me because it just seemed odd, and I understand the explanation.

Great. Thanks.

Thanks.

You have a quick follow-up on that?

Just additionally, as the district has, I guess, the $1.5 billion worth of school construction or new construction, there is current conversation going on about essentially a new Lamberton.

A 58 12/8/04 - Bills 041037 & 041038 - Parks new?

A new Lamberton School.

At least a new Lamberton High School.

Because there has been severe overcrowding in the past at Lamberton, and the condition of the building has become one of the many issues over there. And so I think the Lamberton community may very well see itself having a new school itself.

Very well. Councilman Rizzo have a quick follow-up, and then we will proceed to Councilman Goode.

Just to follow up on Councilman Kenney's question, how do we deal with an issue if it's a lottery where there is a student that's identified, that this is the career path that they want and they really excel, they're geniuses before they even get into that environment, and not 59 12/8/04 - Bills 041037 & 041038 - Parks to give them the access to that environment would be not a good situation. What if you identify, or within the Administration, that there's a student that really should go there because they're headed towards the corporate world, college in the area of computer science? How do you deal with that? You have to have some kind of an exception or some administrative way to deal with that.

Well, first of all, this is not necessarily a career track to working in the field of computers or anything like that. This is a career track to get kids ready for the world of work and be totally equipped with both technology skills and all of the academic skills that they need. If the kids end up coming in and they are ahead of many of the other students, the way the program is designed, there will be things for them to get involved in beyond the regular classroom that will let them go as far as they need to go.

That's not 60 12/8/04 - Bills 041037 & 041038 - Parks his question.

You're suggesting that we have a small sort of appointed kids because of -- that kind of goes against the whole premise of the school. The premise of the school is to prepare these kids for college so they can be doctors, lawyers, teachers, social workers.

Architects.

Architects .

But what if you have one --

I don't think that's the Councilman's question.

-- and the principal, the teacher thinks that they're a candidate, they're really going to be on that track that you just described and they don't win the lottery?

That's the problem with winning the lottery.

What about a kid that wins the lottery the doesn't want to be there? 61 12/8/04 - Bills 041037 & 041038 - Parks

Some of this, I think, will be honed in when a specific advisory board and selection committee is established. We are going to try to be as fair as possible, because the belief is that every kid can learn and achieve, and it may mean that we lose some really overachievers who are really anxious to get in, but the premise of the school is, we're going to bring kids in who can get better and we're going to make them better and help them get better.

Because I recollect people -- I've gotten letters from parents that wanted to go to Saul for the reason that their children were interested in agriculture and could never get into Saul, and what a lost opportunity in their education if we have a school that helps prepare people for their future and they can't get in it.

That goes to the editorial comment I will make. That happens all the time now for 62 12/8/04 - Bills 041037 & 041038 - Parks young people who want to get in magnet schools and the lottery process is the method by which that happens and the end result is not one that makes the student or the parent happy. So Microsoft School becomes another school like the other magnet schools in the City where young people apply, and the lottery process allows some in and the lottery process says no to others. It simply gets the same criteria, if you will, that other schools are currently enduring, and that's the way it is.

I do want to say that we are looking at building new schools and replicating this model throughout the City, so that the hope is, very soon if a kid doesn't get into this terrific school, there will be another terrific school, a new Lamberton or whatever, and some major changes going on at Overbrook High School. So I agree. Some win, some lose, but it's an open opportunity and that's the only way we can keep it fair.

Thank you, Ellen Savitz. 63 12/8/04 - Bills 041037 & 041038 - Parks Councilman W. Wilson Goode, round of questioning.

Thank you. I actually had a question e-mailed to me while I was here and the person who e-mailed the question wanted me to ask another question first following up on what Councilman Kenney pointed out about the Lamberton community there. This person actually lives within that community, does not send their child to that school because they don't believe that school is at the level that it should be in terms of education. So while the school may not be overcrowded and while there may be a new school built, I'm sure that rather than sending their child to a private school which they have to pay for, they would like the opportunity to be able to send that child in a couple of years to a Microsoft school. So can you explain in that context why the Lamberton community would not be included in the catchment area?

Well, we 64 12/8/04 - Bills 041037 & 041038 - Parks were looking at the broader picture citywide of the overall $1.5 billion plan and Mr. Vallas's overall educational plan, and in terms of that, we are targeting new schools. We wanted to put this school in this area from the beginning, because there is huge overcrowding at Overbrook and huge overcrowding at University City. There's also overcrowding at West Philly and we're in the process of planning a new West Philadelphia High School as well. And so we looked at schools at placing -- now, we never really expected it to end up in this gorgeous park setting, and we're really grateful. But we looked at a variety of properties in this area because this has two big high schools that are very overcrowded. I understand your point, Councilman, about the fact that people may not like Lamberton at all and they send their kids somewhere else. If they stay in City schools on a parent-requested transfer, then the assumption would be that they'd be in one of 65 12/8/04 - Bills 041037 & 041038 - Parks these and be able to apply. But we can look at that. There's a committee that -- the other thing is, there's only 150 or 200 kids that can go into the freshman class, and 75 percent of those is really a small number. The demographics of this area, there would be thousands of kids who -- I don't know. Maybe not thousands, but there's really a lot of kids from this area that would apply and a lot of what I would assume would be some very disappointed folks. Adding another area just brings more people and more disappointment in terms of who gets selected. But we will look at it and see what effect it would have demographically and so on.

Councilman Nutter can correct me if I'm wrong. This is an area that the City is marketing, where there's a lot of people moving into for a number of reasons, and I'm not sure why with new purchases there in terms of homes and marketing home purchases there that we would be shutting people out of the process. 66 12/8/04 - Bills 041037 & 041038 - Parks

Okay. Point well taken, and we will certainly go back and look at that, sir.

The question was actually e-mailed to me, it was actually from Ms. Smallwood, if she would approach the witness table. You've discussed the procurement process related to construction. After the school was built and it's up and running, how would procurement be handled? Is there any procurement that would be handled at an individual school level because of the special nature of the school, or will it follow the normal procurement process?

In terms of supplies, services and equipment, all of those purchases of supplies, services, equipment would go through the same procurement process as we go through with the construction. We have ranges of participation that we enforce on all of the contracts. So we would have that same kind of commitment for 67 12/8/04 - Bills 041037 & 041038 - Parks those services.

I guess the question is whether it would be handled at the individual school level or through the normal process. And I'm not even sure how the normal --

Probably through the normal process, unless it was some kind of procurement that was out outside of the scope of services --

That's not --

-- that we usually handle.

That's not done at the individual school level?

No, it's not a school level. It's district-wide.

Thank you.

Councilman Nutter, please.

Thank you, Madam Chair. I'll be quick. Let me pick up where I was. I asked 68 12/8/04 - Bills 041037 & 041038 - Parks about the students and their application process. I've also had inquiries from adults with regard to teachers and, of course, then the principal. Given the most recent contract, tell me a little bit about how a person becomes potentially a teacher at the new school.

I'm actually glad that you brought that up, Councilman. The principal will be selected for the school by a team of School District folks, education people at the upper levels, curriculum people, certainly Mary Cullinane on the Committee and myself, and we will really look for a principal. In fact, we're ready to do that now. We are going to begin to advertise for a principal as soon as we really nail down the qualifications that we feel we're looking for for this kind of school. We're actually working on a competency wheel similar to the competency wheel that they use at Microsoft to hire, and we're going to talk about that and establish that so that we get a principal that is really 69 12/8/04 - Bills 041037 & 041038 - Parks a leader and can understand this kind of school. And then because the teachers' contract changed, we are a new school and, therefore, have the opportunity to select the teachers for the first time. Now, then they go under the PFT contract and we follow the rules, but we will be able to get teachers nationwide and bring them in and have them be the best in their field and innovative. We need people who are not only sharp and know what to do, we need people who are willing to take a risk and are willing to work in a different environment. And we will be bringing teachers on board -- the principal, hopefully, will be on board before the end of this school year, I guess a full year and a summer before the school opens. We're anxious to get the principal because there are many issues that are now being decided that we feel strongly the principal should weigh in on. Then we will look for staff probably in the winter of '06, January, February or so 70 12/8/04 - Bills 041037 & 041038 - Parks of '06, and those staff members will be brought on by about March. Now, if they're working in our system, they may keep their jobs and we'll do a lot of after-school or weekend professional development. Certainly in the summer prior to the opening, teachers will meet together, work together, help really polish off the curriculum and build a sense of connectivity and collective decision-making. So that we have a real opportunity with this school to select teachers who want to be in a school like this and want to be innovative. So it's really adding a nice level of being able to do new things.

So your recruiting process for new teachers you expect to start in the fall?

Well, the principal has to be in place by the end of this year, and then next fall, late fall, probably December, January, we'll begin to identify teachers.

And you're 71 12/8/04 - Bills 041037 & 041038 - Parks anticipating not only a district-wide, but possibly a national notification that there's an opportunity to teach at --

I think we'll advertise nationally for the principal as well as the teachers. Once they come in, they become Philadelphia School District employees and go through the process, but I think there's people out there, and we've actually met some of them, who would be perfect for what the vision of the school is. So we get to do that. Very, very helpful.

Let me ask Ms. Smallwood a question quickly and then I want to --

Councilman Nutter, right before you bring up Mrs. Smallwood, which I suspect may be on a different issue, I would like Debra Kahn to respond to your question as well.

I think we got to it. I just wanted to clarify that thanks to the new contract, there is the ability to do this hiring, but it would extend to current 72 12/8/04 - Bills 041037 & 041038 - Parks teachers, local teachers, as well as anybody else who would answer.

Right. I just want to make sure that we're recognizing the folks who are already in the system.

Yes. Thank you.

Just quickly, I know you have overall responsibility. What individual will be directly responsible to oversee the adherence to the goals as established? And I understand that the numbers that have been mentioned, the percent, is more of a floor certainly than 16 as a ceiling. What individual is directly 17 responsible for monitoring and managing the 18 MBE, WBE, DBE process? 19

My office, 20 Small Business Development, is the seat of 21 where the responsibility lies in the Office of 22 Procurement Service under direction of 23 Kimberly Sangster, who is the Chief 24 Procurement Officer. 25 As a small unit, we have consultants 73 12/8/04 - Bills 041037 & 041038 - Parks who assist us in monitoring and reporting on the compliance with the goals.

And do I understand that you've brought on a consultant to do that?

GPUAC is a consultant that works with us on the construction process and will be monitoring the contract goals and the employment goals under the project.

So you're going to be monitoring both the procurement of whether it's a services, supplies and equipment --

No. 17 They're on the construction side.

They're on the construction side. Who is taking care of the SSE?

And the other in the procurement process will be the staff in my office, along with -- we have recently purchased a compliance software and monitoring software, which will make it much 74 12/8/04 - Bills 041037 & 041038 - Parks easier for us to track, monitor and report on the compliance.

And have you established goals, and who will be monitoring the issue of employment at the site, specifically whether it's neighborhood people in general, minorities, females or any others?

The ranges of participation are established under our contract with the Minority Business Enterprise Council of the City. The City and the School District work together. It's a partnership to establish those goals. Once the goals are established, based on the information from the City, they're included in every proposal and bid. It's up to my office to do the monitoring of the compliance with that.

Well, we've had such a good hearing.

I know.

I mean, with every respect to fellow public employees, 75 12/8/04 - Bills 041037 & 041038 - Parks I mean, this has not necessarily been a strong area for us. So, I mean, I have to be, unfortunately, somewhat brutally honest with you to say that I don't necessarily get the greatest comfort level if you tell me, us, that there is a significant reliance on either data or information or goal-setting as established by the MBEC, which we all acknowledge is going through a restructuring process. But, I mean, they just have not, as far as I'm concerned, in recent years been up to the task. I mean, we need to call it for what it is. So --

This is a work in progress, and we understand that issue. The School District of Philadelphia does not certify, so that we rely on a certification agency, but because we accept certifications from around the country, we can look at what Minority Business Enterprise sends us, and it is a recommendation, which we can accept or reject, but it gives us a basis of what is available in the Philadelphia area.

I 76 12/8/04 - Bills 041037 & 041038 - Parks understand. Well, I had to respond --

And I understand your --

-- in that way. I know that they're trying to do what they need to do, but as either you or Ellen indicated, there are a lot of people watching what goes on here.

Exactly.

We cannot afford a mess. I mean, I don't know how much more basic I can kind of be about it. I mean, there's probably another level, but --

And what we're --

-- this is a public hearing.

Certainly.

So I have some very serious concerns about that. I'll leave it at that for the moment. What I would ask just literally on behalf of the Body, if we could get regular reporting in all of these areas, contracting; 77 12/8/04 - Bills 041037 & 041038 - Parks services, supplies and equipment; the procurement issues you talked about; the construction issues and the employment issues. And I don't know what your arrangement is with GPUAC. They've monitored other projects on behalf of the City. Often we've received monthly reports. I think if you would send that to the Body and more than likely either directly to the Chair or to the Council President or both, this is -- how you start really does dictate how you end.

Right.

So I'm going to try to take the hearing back to the positive area and rely on your good work. Madam Chair, I just have a few last questions. We have a second Bill, which is kind of being carried along through this process as a bit of an add-on. I just want to at least get something on the record about the other parcel of land that is a part of this transaction, which technically has nothing to 78 12/8/04 - Bills 041037 & 041038 - Parks do with the school, but why are we doing this and what is this part about?

Councilman, I think you know that as Fairmount Park Commission looks at these issues where there will be an adaptive reuse for any piece of parkland, that we look to make sure that there's availability of a similar piece of parkland elsewhere in the system, and the School District has come forward with a parcel of land about six and a half acres and bordered somewhere along lines by Old Line and Manatawna Roads.

What's the present use of that property?

It is a recreational piece of land.

And it's actively being used for recreational purposes?

It is.

Will there be any change in its use as a result of this transaction?

Not 79 12/8/04 - Bills 041037 & 041038 - Parks anticipated, no. 3

And for whatever reason, the people who are presently using it, are they aware that there may be a transfer in at least jurisdiction?

Informally, yes. Not in any formal manner.

And is there anything that the present users need to do in order to maintain their current use?

They will probably be approached about a permitting arrangement with Fairmount Park Commission, yes.

Could you restate that? I didn't hear you clearly.

We will probably be engaging in conversations -- there is an athletic use to that field right now -- about becoming part of the permitting process, as we at Fairmount Park Commission permit out use of fields.

Can I follow 80 12/8/04 - Bills 041037 & 041038 - Parks up, please?

On this issue, yes.

Could you state for the record that the arrangement that they presently have, financial arrangement, whatever that may be, maintenance, will be grandfathered to that group?

I could say probably, Councilman. Because it is not in our -- it's just coming by virtue of this ordinance into our catalogue of assets, we will look at it as part of Fairmount Park Commission property going forward upon signing of this lease, which will mean that we have responsibilities for maintaining it.

Those tenants, again, I don't know what their responsibility is financially presently under the School District's arrangement, it would be unfair to them to transfer this property, then all of a sudden they have to deal with Fairmount Park Commission on a criteria that you presently use that may be a lot different 81 12/8/04 - Bills 041037 & 041038 - Parks than the arrangement that they have now. Whatever maintenance the School District does, if any, I would think that it would have to be a seamless transaction, as far as I'm concerned.

That's certainly our goal. We're not looking to upset the apple cart.

And I'll work with the Park Commission to make sure that they're at the same situation that they had before.

Or better.

We'll see. Madam Chair, I just want to make one note for the record. I'm now switching back to the earlier Bill, 041037. There is a reference made in Section 2 of the Bill to an Exhibit A. Those materials were handed over to the Chief Clerk's office, I believe, as a part of the transmittal, but I would simply say that I believe that that material should be incorporated, as it is referenced as an Exhibit A to this particular Bill, and at the 82 12/8/04 - Bills 041037 & 041038 - Parks appropriate time -- and I have the documents. I'd like to put forward an amendment to incorporate these documents as an official part of this Bill so that we have a complete package.

Very well.

I have no 10 more questions.

Okay, then. Councilman Jim Kenney?

Thank you, Madam Chair. Just one relative to security. I guess it's safe to assume that the internal security of the building, teachers, students, will play itself out as we find out who our students are and what their needs are, and I guess the long-range plan or hope is that the learning environment in the school will diminish the need for security down to a minimum. The question I have is relative to 83 12/8/04 - Bills 041037 & 041038 - Parks security of the building. Is there any design features or plan that exists relative to security of the building because of its location, which is not your traditional street-front location, and because of the high profile nature of the building and I assume because of the very expensive equipment that will be in there? Is there any either design issues that help with security for the building being broken into and things stolen or is there any plan?

Once again, Terry Wilson. The approach to security, as far as this building is concerned, is to try to be very non-evasive as far as how it's taken care of. We will still have the security checks, but instead of having the exposed walk-throughs that you would see in the airports, they're going to be built into the door frames. Instead of having the open conveyor belts that are in there, there will be holes in the wall when they walk into the foyer with 84 12/8/04 - Bills 041037 & 041038 - Parks a conveyor belt behind that to where it passes through and comes out. There will be cameras, where we spoke a great deal with Dexter Green and his group with the School District on security. The cameras are going to be covering such places as entrances, exits, stairwells, high-expense-type areas where there's major computer equipment, things of this nature. We're not going to be putting on what you've seen throughout the City, the jail bar type of grates. We're looking to -- and also for most of the schools that we will be proceeding on now, with a screening system, which is a security screen that looks very much like a window screen as opposed to the items that you've seen in other buildings. There will also be burglar-type devices at areas such as doors, such as windows, which can gain access and so forth. So it is being handled.

And it's interesting, though, that a lot of the design features keep the security equipment from 85 12/8/04 - Bills 041037 & 041038 - Parks being too intrusive or too apparent, especially the metal detectors in the doors make a lot more sense. The conveyor belt behind the wall, behind the blind I guess creates more of an atmosphere of learning as opposed to security.

Right. And the other thing that we're taking a look at is, we've asked the architects to take a look at site lines. You know, no matter what you do as far as cameras are concerned, someone has to monitor a camera. If you have too many cameras, they're not going to be able to monitor. Then their benefit is only for recording the problem, not to stop the problem. By developing good site lines throughout the building to where staff that's in there can observe what's going on, we feel it is a much more proactive way to handle these situations.

Thank you. Thank you, Madam Chair.

86 12/8/04 - Bills 041037 & 041038 - Parks You're welcome. Ellen Savitz?

I just wanted to add that we will be working with Microsoft's Department of Homeland Security on the issues of security both in and out of this building, another something that Microsoft has thrown in to make this project work.

I certainly appreciate that questioning as well. I have a couple more questions during this public hearing. I want to go back to Councilman Michael Nutter's line of questioning regarding our continuing interest and concern with MBE/WBE participation, and let me put it in context for you of what we don't want. We don't want to be back here in four years, as we are going to be today in the second half of this hearing to discuss what's not happening with the stadiums, and be in a position where we have to advocate for subcontractors who are not being treated fairly. And so that puts in context the 87 12/8/04 - Bills 041037 & 041038 - Parks concerns raised by Councilman Nutter. To have to reexamine all of this four years from now simply blemishes what is expected to be a very exciting initiative on a number of different levels, from the business of running a school system to the academics of running a school system. And so I'd be remiss not to put that on the record. My final question, I think, because I took a bunch of notes, parking. Could you please address for a moment the issue of parking and accommodating staff at all times of day? What sparks that question for me is today's Daily News story with what we're seeing over at University City High School.

Yes. Parking does become an issue just because of the area, and we have given a lot of thought to it so far and probably more to come. But as it stands right now, there are 30 spaces leased physically on the premises, which is the number -- I'm sure the School District would have liked more, but that we could accommodate within this new architecture. 88 12/8/04 - Bills 041037 & 041038 - Parks In addition to that, we are working on agreements with the Zoo, who has a parking lot adjacent to this facility that they also have an arrangement with Fairmount Park for, to have 30 spaces available in that lot. Because of the different time usages for each of these institutions, we believe we'll be able to accommodate 30 spaces in the Zoo lot. Additionally, as you may know, there is a plan being looked at for the entire Centennial District, and we have asked them to also take another look at what parking needs might generate in the years to come just from even -- the real fact of the matter is that in a high school, you may get some students, particularly in perhaps their senior year, who will find themselves driving to school. And because of the nature of the roads and the park setting, parking is consistently an issue, something that we know we're going to have to continue to address.

Okay. Any other comments on that?

The one 89 12/8/04 - Bills 041037 & 041038 - Parks element which has been brought up in a number of community meetings and so forth, and just to expand upon what Karen was talking about, is, we do have the auditorium, we do have the gymnasium. This is a place where there was a concern. And generally in the meetings between the Fairmount Park Commission, Zoo and the School District, it was determined that the hours of use of the gymnasium, of the auditorium when we would expect heavier amounts of traffic would be at a point in time to where additional spaces in the Zoo lot will be made available. So as a result, there is no 16 anticipation of causing any problems as far as more on-street parking or anything else of this nature within the area. The whole thing has gone through the Streets Department. They feel very comfortable with what we're doing. Through Planning Commission. They feel comfortable with what we're doing. And I think it's a real good solution and good cooperation.

90 12/8/04 - Bills 041037 & 041038 - Parks That all the partners are okay with?

Yes.

Very well. Finally for me, back to the issue of enrollment and the integrity of that process, and it really segues from Councilman Nutter's mention of teachers already in the system having a fair opportunity. I want to speak to students already in the system having a fair opportunity. Many children attend Philadelphia public schools either, A, because the ideology of their parents who believe in the public school system or, B, because their parents simply don't have the resources to go elsewhere. And as much as we want the system to be open to all students, in the enrollment process has there been consideration to parents who have been in the public school system along the way and want the opportunity to go here, stacking that against students who are coming from non-public schools and now want to be in this jewel of an institution? 91 12/8/04 - Bills 041037 & 041038 - Parks

I have to be honest. We have not addressed that, because we normally determine an area and take kids who live in that area. Whether or not we would be able to deny --

I'm not asking denial at all. I'm not suggesting that.

No, but in other words, deny the same equity to parents who pay taxes as much as their neighbors, no 13 matter where they send their kids to school. I think we'd run into more issues if people have put their kids into a private school K to 8 and now want to come back into the system for high school not being in that general first lottery with equity with the kids who have attended. If I'm hearing you, you're suggesting that perhaps only kids who attended our schools --

No. I'm not suggesting that at all.

Okay. 92 12/8/04 - Bills 041037 & 041038 - Parks

All students should have opportunity. Students who have been in the system from K through 8, in the public school system from K through 8, I'm suggesting for consideration some additional consideration versus parents whose students were elsewhere, for whatever the reason, and now want to transfer in to a public school setting. So I don't know if during your discussions that was ever mentioned, but I, for one, have considered sending my daughter to a private school at a certain juncture, to then re-enroll her in public schools. And let the record show she's currently in public schools. So I know that parents think that way, because I think that way. And so for parents who have either because of ideology or lack of resources have not been able to send their students to non-public schools, consider as part of the enrollment process, lottery process -- and I don't know what that form looks like yet, because I think I've only had 93 12/8/04 - Bills 041037 & 041038 - Parks to do it one time for kindergarten, the EH 36. As you look to the integrity of that process, giving consideration to students who have been in the system from K through 6 versus students -- and I know Councilman 7 Kenney and I have a running friendly debate 8 about that.

Let me give you the flipside of the argument. I understand exactly where the Councilwoman is coming from as far as loyalty to the District and that kind of thing.

That's essentially what I'm saying.

But I think the opposite under the argument that I want to offer --

Please.

-- is, is that I think what we want to see our School District become is a more diversified district, where parents instead of moving out of the City will say, You know what, that 94 12/8/04 - Bills 041037 & 041038 - Parks Microsoft School is something, I think I'm going to keep my family here, and send that student there. So I think what my hope is and goal for the District is to be a district as the District of choice, so that you wouldn't even think about sending your kid to a private school, unless you had some -- in my particular situation, maybe Councilman Nutter, if he had a son high school age, would be considering our alma mater, because that's where we went, but a parent who has really no 14 connection to a school, I would like them to be able to say, You know what, the School District of Philadelphia is wonderful, I wouldn't think of sending my kid anywhere else.

Yes.

And I think the way we start getting those families back in is through projects like this. So while I understand maybe the concept of weighting admission or weighting 95 12/8/04 - Bills 041037 & 041038 - Parks lottery towards people who are matriculating through the public system, I really want to be equally active in trying to attract people who are outside the system. One of the things that Ellen Savitz --

Okay. Outside the system, not outside the City.

Outside the system. Well, I'll even go one step further. When Ms. Savitz was the principal of CAPA, it was one of the schools where we had numbers of applications for students who live in the suburbs. And to me, I felt that was a wonderful compliment to that school, that someone who lives in the suburbs would want to send their kids to an inner city school in South Philadelphia. So I would really, long term, would love to be in a situation where even our suburban neighbors say, You know what, the School District of Philadelphia is that good, I'd rather send my kid there. 96 12/8/04 - Bills 041037 & 041038 - Parks

And that is the ideal to which we move to become. I thank you for that, because that is a perspective I did not consider.

Thank you.

Madam Chair? I'm sorry.

Please.

Unfortunately, I was, as was the case when I was in school, I was slightly distracted during the last exchange. I was talking when I shouldn't have been. So I just want to make sure that I'm clear. What is the policy with regard to -- you have boundaries. Some parents send their kids to the local Philadelphia public school today, some parents send their kids to charter school, parochial school, private school, but they live within the boundaries, they're in Philly, they're within the boundaries of this school. Is there any line of demarcation when the various applications come in from these 97 12/8/04 - Bills 041037 & 041038 - Parks now seventh grade, for the moment, kids' parents and the apps come in and clearly you have a kid that goes to --

Powel.

I wasn't going to make it so personal. -- Beeber, who lives in, let's say, the Winfield section right now and another parent whose kid goes to Our Lady of Lourdes, who lives in Winfield? They just go in, right? I mean, is there any distinction in those applications because both live in the area attached to that school?

There has not been any consideration of having a weighted kind of thing for kids who are in the district currently. The idea is that if a child attends Mann or Beeber or Powel or wherever in that district, they'll get an equal chance to apply. The only difference would be that if we pull out an application to be part of the student body and it is not a student currently 98 12/8/04 - Bills 041037 & 041038 - Parks attending our schools, we will ask for address verification. But, frankly, for those folks -- just to make sure they really do live where they say they live. The assumption is that --

Well, I think you're going to want address verification for everybody.

For everybody, okay. Right.

John Candy said, Trust everybody, but cut the cards. You send in an application, we really want to know that that's where you live.

Okay. Point taken.

So you do that, but the apps all go in and they're all the same. Because, I mean, I think a part of this discussion is, no matter where you presently send your child to school today, if you are a resident of Philadelphia, you are paying for this system, whether you choose to 99 12/8/04 - Bills 041037 & 041038 - Parks use it or not. You don't get a discount on your real estate tax if you don't send your kid to public school. You pay the same old bill. So I think that we want to make sure that there is that sense of equal opportunity. And I think that we will draw some parents, not just because of the financial issue, but because of the educational excellence issue, you will have some parents taking their kids out of other school systems to try to go to this school. I think that's good for us. And to the extent that we replicate this model, whether it's with Microsoft or others, that's how we're going to compete for people. We have a great City. We're improving our school system, and when we become more and more of the system of choice, we're going to have something to offer that even places like two blocks away from us -- there's no Microsoft School in Lower Merion. If you want to go to Microsoft School, it's in Philadelphia at Fairmount Park. 100 12/8/04 - Bills 041037 & 041038 - Parks

Exactly. Thank you.

Thank you, Councilman Nutter. And thank you again, Councilman Kenney, for that important perspective. Is there anyone else here to testify on these bills? (No response.)

Very well. While my colleagues move to return, let me just underscore Councilman Jim Kenney's remarks, in that the District and the Fairmount Park Commission and the City of Philadelphia really are to be commended, A for being so very, very proactive in discussing and walking through the little bumps and hurdles that sort of blindside you further down the road. I am excited about the partnership, and as I learn more and more about it, I trust that I'll be one of those cheerleaders for you as I go around the City and talk about this, the first of which will be Monday evening at 101 12/8/04 - Bills 041037 & 041038 - Parks Zion Baptist Church speaking to members of that clergy's trustee leadership about this wonderful new opportunity for the Philadelphia public school system. This will conclude testimony on Bill 7 No. 041037 and Bill No. 041038. This concludes our public hearing, and we will now move into a public meeting in about three minutes. Please stay tuned.

It may not be on the record, but let me just thank you and all the members here for, again, your support. We really appreciate your quick action, and we look forward to that ribbon cutting. So thank you.

Very well. We're waiting for the return of a couple of colleagues and we'll proceed with the public meeting. (Brief pause.)

We have an amendment on Bill No. 040137. Councilman Nutter? 102 12/8/04 - Bills 041037 & 041038 - Parks

Thank you, Madam Chair. Pursuant to the reference in the Bill, I think at Section 2, there's a reference made to Exhibit A. That exhibit is embodied in a half-inch-thick series of documents that I'd like to move forward as the Exhibit A. It's my understanding that they are complete and represent all of the exhibits that should be attached to this particular Bill, and I'd like to hand them forward and then move the adoption of these exhibits as amendments to the Bill.

Can I have a motion to approve the amendments on Bill No. 041037?

I move that the amendment as offered by Councilman Nutter to Bill 041037 be approved.

Second?

Second.

103 12/8/04 - Bills 041037 & 041038 - Parks Let the record reflect that we have in attendance a quorum to move on these Bills, Councilman Darrell Clark, Councilman W. Wilson Goode, Councilwoman Blondell Reynolds Brown and Councilman Frank Rizzo. Can I have a motion on Bill No. 8 04 --

You need to vote. There was no vote.

Councilman Darrell Clark seconded the amendment on Bill No. 041037. All in favor? MEMBERS: Aye.

Any no's? (No response.)

Can I have a motion on Bill No. 041037 with the Bill as amended?

Thank you, Madam Chair. I move that Bill 041037 as amended be reported out of the Committee with a 104 12/8/04 - Bills 041037 & 041038 - Parks favorable recommendation and the rules of Council be suspended so as to permit first reading at our next Council session.

Second?

Second.

Councilman Darrell Clark seconds. All in favor? MEMBERS: Aye.

Any no's? (No response.)

Therefore, Bill No. 041037 will be reported out of this Committee with a favorable recommendation and a further recommendation that the rules of Council be suspended to allow first reading at our next scheduled Council meeting. I will ask Councilman W. Wilson Goode to please give us a motion on Bill No. 24 041038.

Thank you, 105 12/8/04 - Bills 041037 & 041038 - Parks Madam Chair. I move that Bill 041038 be reported out of the Committee with a favorable recommendation and the rules of Council be suspended so as to permit first reading at our next Council session.

Second.

Councilman Darrell Clark has seconded. Bill No. 041038 has been moved and properly seconded. All in favor say aye. MEMBERS: Aye.

Any nays? (No response.)

Bill No. 041038 will be reported out of this Committee with a favorable recommendation and a further recommendation that the rules of City Council be suspended to allow first reading at our next scheduled Council meeting. Again, Bill No. 040912 has been held in this Committee at the request of the 106 12/8/04 - Bills 041037 & 041038 - Parks sponsor. This concludes the meeting of the Committee on Parks, Recreation and Cultural Affairs. Thank you for your attendance and your interests. (Meeting adjourned at 12:05 p.m.) - - - 107 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 8, 2004, 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.)