COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Room 400, City Hall Philadelphia, Pennsylvania Tuesday, June 1, 2010 1:30 p.m. PRESENT: COUNCILMAN DARRELL CLARKE, CHAIR COUNCILMAN FRANK DiCICCO COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN JAMES KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN FRANK RIZZO, JR. BILLS 100373, 100374, 100375 and 100378 - - - 2
Good afternoon. This is the Committee on Public Property and Public Works. We have established a quorum. We have Councilman Rizzo, Councilman Greenlee, Councilman Kenney, Councilman DiCicco and Councilwoman Donna Reed Miller. Good morning. Mr. Carter, please read -- I'm sorry. Good afternoon. Mr. Carter, will you please read the title of the first bill.
Bill No. 100373, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to lease from the School District of Philadelphia a certain parcel of property located in the 9100 block of Academy Road for further sublease to the Penn-Academy Athletic Association, under certain terms and conditions. COMMISSIONER SCHLOTTERBECK: Good afternoon, Chairman Clarke and members of the Committee on Public 3 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. Property and Public Works. My name is Joan Schlotterbeck. I am the Commissioner of Public Property. I'm here today to testify in support of Bill 6 No. 100373, an ordinance authorizing me as the Commissioner, on behalf of the City, to lease from the School District of Philadelphia a certain parcel of property located in the 9100 block of Academy Road for further sublease to Penn-Academy Athletic Association, under certain terms and conditions. This bill will allow Penn-Academy to further its mission of providing athletic activities for Philadelphia youth. Penn-Academy desires to construct a new clubhouse on the leased parcel from which it can base and organize its activities. The Department of Public Property supports this measure and, accordingly, I respectfully ask that Council approve Bill No. 100373. I am requesting a suspension of 4 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. the rules so as to allow for first reading at the next session of Council. Thank you. I'm here today to answer any questions you may have.
Thank you. COMMISSIONER SCHLOTTERBECK: You're welcome.
Any questions of this witness on this particular bill by members of the Committee? (No response.)
There being none, thank you very much. COMMISSIONER SCHLOTTERBECK: You're welcome.
Bill No. 100374, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of 5 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. Philadelphia, to execute and deliver to the Philadelphia Authority for Industrial Development a deed conveying fee simple title to a certain tract of City-owned land with the buildings and improvements thereon, situate at 1244 North 4th Street in the City of Philadelphia, for further conveyance. COMMISSIONER SCHLOTTERBECK: Chairman Clarke and members of the Committee on Public Property and Public Works. My name is Joan Schlotterbeck. I'm the Commissioner of the Department of Public Property. I'm here today to testify in support of Bill No. 100374, an ordinance authorizing me as the Commissioner, on behalf of the City, to execute and deliver to the Philadelphia Authority for Industrial Development a deed conveying fee simple title to a certain tract of City-owned land with buildings and improvements thereon, situated at 1244 North 4th Street in the City of Philadelphia, for further 6 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. conveyance. This property is part of the City of Philadelphia's surplus property inventory, and the proceeds from the sale will benefit the General Fund. The Department supports this measure and, accordingly, I respectfully ask Council to approve Bill No. 100374. I also am requesting a suspension of the rules so as to allow for the first reading at the next session of Council. Thank you.
Thank you. Any questions of this witness by the Committee? (No response.)
There being none, thank you. Mr. Carter, please read the title of the next bill. 7 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc.
Bill No. 100375, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to convey 1522 Parrish Street and 1524 Parrish Street to the Philadelphia Authority for Industrial Development, for further conveyance at fair market value, under certain terms and conditions. COMMISSIONER SCHLOTTERBECK: Chairman Clarke and members of the Committee on Public Property and Public Works. My name is Joan Schlotterbeck. I'm the Commissioner of the Department of Public Property. I'm here today to testify in support of Bill No. 100375, an ordinance authorizing me as the Commissioner, on behalf of the City, to convey 1522 Parrish and 1524 Parrish Street to Philadelphia Authority for Industrial Development, for further conveyance at fair market value, under certain terms and conditions. The Philadelphia Boys Choir 8 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. plans to build a new rehearsal space across the street from 1522 and 1524 Parrish. These two properties will be used for parking for the new facility. The proceeds from the sale will be deposited into the General Fund. The Department supports this measure and, accordingly, I respectfully ask that Council approve Bill No. 100375. I am also requesting a suspension of the rules so as to allow for first reading at the next session of Council. Thank you.
Thank you, Mr. Chairman. Good afternoon, Commissioner. I'm certainly not necessarily against this proposal, but do you know, to the best of your knowledge, has anybody from the Boys Choir been in touch with the community at all or has there been any 9 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. contact? COMMISSIONER SCHLOTTERBECK: Actually, it had just come to my attention that it was -- we had spoken to PIDC, and their counsel had led us to believe that they were going to be in touch with Councilman Clarke and that they were going to arrange any necessary meetings or any information-sharing with the Councilman. I understand from him it did not happen.
Right. And I know there is -- and I know if Councilman Clarke had been notified, because, as you know, I'm a little familiar with that section. COMMISSIONER SCHLOTTERBECK: I think so. I'm a little familiar with it too.
And I know the community group there gets very active on any action in their neighborhood, particularly over in that area, because there's been a lot of 10 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. development or proposed development. So I would -- again, it's certainly up to Councilman Clarke, but I am a little concerned there's been no 6 contact at all, because I would think if we start transferring land and the community doesn't even know what's going on, that's -- COMMISSIONER SCHLOTTERBECK: Well, this is a little more embarrassing for me than -- I didn't know. We assumed that it had taken place. Until the Councilman walked up and asked me, I didn't know.
Okay. And obviously nobody from the Boys Choir is here, I assume. COMMISSIONER SCHLOTTERBECK: No, and no one from PIDC is here, so I really can't answer.
I am not blaming you. I'm just saying that's a little concerning I think, that we don't know anything -- the community doesn't 11 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. know anything about it and the District Councilperson doesn't. So I just raise that. Thank you. COMMISSIONER SCHLOTTERBECK: Is there anything I can do to salvage the bill? I mean, can I --
With all due respect, Ms. Schlotterbeck, I've referenced this on a couple of occasions and I've asked for representatives of the Boys Club or whomsoever is interacting with them to come in and brief us on the activity, not necessarily of this particular parcel, which will be for parking, but the activity associated with their development. COMMISSIONER SCHLOTTERBECK: Right.
Because, frankly speaking, I have no idea what building they're developing, what they're going to do in the building. You are familiar with this 12 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. site. COMMISSIONER SCHLOTTERBECK: Yes.
There's been a significant level of controversy on this site. COMMISSIONER SCHLOTTERBECK: For quite some time, yes.
Which is why the Councilman brought up the fact that we probably want to have, at a minimum, some level of community interaction, because I can guarantee it, as soon as we sell this to somebody else, the person who we all know will start raising Cain about the fact that they weren't in a position to acquire the site. COMMISSIONER SCHLOTTERBECK: Okay.
So I would feel a lot more comfortable if there were some conversations with the community group, at a minimum, and hopefully with 13 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. the two Councilpeople, who are very familiar with this site, by the club itself. COMMISSIONER SCHLOTTERBECK: So does that mean this bill is dead at this point?
I'm not saying it's dead. I'm saying that that's what we would like -- COMMISSIONER SCHLOTTERBECK: To have happen.
Yeah. When that happens -- I asked for that to happen prior to today's hearing, but for whatever reason, that has not happened. COMMISSIONER SCHLOTTERBECK: Yeah. Believe me, I'm going to find out as soon as this hearing is over.
So we have three sessions of Council left. So the ball is kind of you guys' courts. COMMISSIONER SCHLOTTERBECK: Okay.
All right. 14 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. Thank you. COMMISSIONER SCHLOTTERBECK: Understood.
So we'll let you know at the end of the hearing what we're going to do. Thank you. COMMISSIONER SCHLOTTERBECK: You're welcome.
Okay. By the time we get to the public meeting today, we'll make a determination as to how this proceeds. If you can just hang around, please. Any other questions by members of the Committee? (No response.)
Thank you. Mr. Carter, please read the title of the next bill.
Bill No. 100378, an 15 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. ordinance authorizing the Commissioner of Public Property to enter into an easement agreement with Northwest 15th Street Associates, or their designees, allowing Northwest 15th Street Associates to use portions of 1515 Arch Street under certain terms and conditions; authorizing Northwest 15th Street Associates to construct, use and maintain a marquee attached to the proposed building to be located at the northwest corner of 15th and Arch Streets and projecting over the footways of 15th and Arch Streets; and authorizing Northwest 15th Street Associates to construct, use and maintain a foundation encroachment under the footways of 15th, Arch and Cherry Streets, under certain terms and conditions.
Thank you very much, Mr. Chairman. I'd like the record to be clear that the firm which I 16 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. am associated with has been recently hired on an emergency basis to review the documents concerning the construction of this particular courthouse, so I will not be participating in any of the deliberations or decisions on any issue relative to this site or the project. So I'd appreciate your indulgence and allowing me to be excused.
You're testifying on this bill also? COMMISSIONER SCHLOTTERBECK: Yes. Chairman Clarke and members of the Committee on Public Property and Public Works, my name is Joan Schlotterbeck. I'm the Commissioner of Public Property. I am here today to testify in support of Bill No. 100378, an ordinance authorizing me as the Commissioner to enter into an easement agreement with Northwest 15th 17 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. Street Associates, or their designees, allowing Northwest 15th Street Associates to use portions of 1515 Arch Street under certain terms and conditions; authorizing Northwest 15th Street Associates to construct, use and maintain a marquee attached to the proposed building to be located at the northwest corner of 15th and Arch Streets and projecting over the footways of 15th and Arch Streets; and authorizing Northwest 15th Street Associates to construct, use and maintain a foundation encroachment under the footways of 15th, Arch and Cherry Streets, under certain terms and conditions. These easements and encroachments are necessary and desirable for the development and operation of the proposed Family Court Center. The proposed easements will allow for a secured bicycle storage area, a staff entrance, underground utilities and the construction of a northwesterly facing 18 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. window. The encroachment will allow for a marquee over the entrances and for the foundation footings of the building. The Department supports this measure and, accordingly, I respectfully ask that City Council approve Bill No. 8 100378. I'm also requesting a suspension of the rules so as to allow for first reading at the next session of Council. Thank you.
Thank you. Mr. Gillison, can you please come up for a moment. (Witness approached witness table.) DEPUTY
Good morning -- I'm sorry. Good afternoon, Councilman and members of the Committee. Everett Gillison, Deputy Mayor for Public Safety.
First, for the record, Councilwoman Joan Krajewski 19 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. has joined the Committee. Mr. Gillison, we had an earlier conversation, and I told you some level of concern about moving this today because there are a significant number of unanswered questions, and there are a number of things that I can say, speaking for myself, that I would like to see in writing prior to the passage of this bill 11 and maybe even before the passage out of Committee, particularly as it relates to the development process, the developer, the funding issues. As you know, this was moving along rather nicely, and early on in the process I was pushing it through, and I think at one early meeting I actually did it in spite of the fact that Planning didn't like the particular zoning process that we were putting in place, but I thought it was appropriate, and I think at the end of the day, it proved to be something that moved this project and moved the potential of a significant 20 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. amount of revenue coming to the City to build a much-needed facility. So what I think I want to do today -- and I guess there should be some level of transparency, but I'm going to be requiring some very specific language in writing from the pertinent parties, be it the state, be it the courts, be it the Administration, as it relates to the development phase, understanding that this particular bill is a technical bill 13 that cleans up some language in an earlier bill, but the reality is is that the last opportunity that City Council has an opportunity to exert some level of leverage in terms of securing the appropriate information before we proceed. So I would like to have, if it's okay with you, that information in writing from all of the pertinent parties. And if it's okay with the Committee, what I would like to do is ask for this particular bill to be referred 21 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. to a date that will allow passage by the end of the session before we proceed, because I understand the importance of this. I'm one of the big supporters. I think this is a great project that needs to be done, but there are some things that I need to get clarified, if that's okay with you. DEPUTY
I understand, Councilman, your questions to me. I think that we have -- we share the impetus for the matter to go forward. I did tell you of the -- and I know that you've been a very big supporter, and has this Committee, been a big supporter of the number of jobs and the number of opportunities we have and to finally remedy a situation that has gone on for quite too long with Family Court, and this, I think, gift from the Governor to make sure that this stays on track is something that I am very, very keenly aware of the opportunity that we have before us. 22 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. I can tell this Committee that it will be -- I will provide that information to you and the Committee when the developer issue has been resolved. I wanted to make sure that, as you know, we are -- we wrote this ordinance, as all ordinances have been written, to allow for us to maintain a certain sense of control by if one associate cannot do something, then whoever is designated is still limited to the same ordinances and the same restrictions for the use of the property. I wanted to make sure that that continued, because we are on an extremely tight deadline with the passage and to make sure that we wanted to get into the ground starting hopefully sometime in the summer so that we can go forward. But I understand your concern. I would just ask whether or not this Committee -- but for the whole developer issue being what it is, I share your understanding that it is a technical bill 23 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. for easements. It is not something that is going to change no matter who the developer is. They will have to comply with these particular restrictions that are found in this ordinance, whoever the developer is, which is why the "or designee" language has been written. So I would ask whatever you need, I will be able to provide it to you and the Committee before the ultimate decision is made or the ultimate matter. I would just hope that this Committee would move forward today to keep us on track and put a little pressure on those above my pay grade even to be able to have the Chief Justice and the Governor designate who the developer will be, and I can get that in writing and I will provide that to the Chair.
I understand your concerns, and as a significant proponent for this project, as you indicated earlier, I in no way, shape or form want this to slow up, 24 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. because it involves two buildings. DEPUTY
But as it relates to pressure, this, frankly speaking, is our only ability to exert pressure. So I think the level of pressure -- not that I need it, because I know you and I interact with you and you give me your word, but it will be enhanced by virtue of us changing a timeline on the passage of this, and I'm sure that that information will be forthcoming that not only myself but members of this Committee are interested in having. One other issue with respect to the bill why it is a bill dealing with the technical side of it as relates to the zoning process, there are some issues that both myself and Mr. Greenberger have interacted with the local residents that are more operational, and I think that would lend itself to a discussion with 25 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. whoever ultimately will be the developer, because a significant amount of the questions at that particular meeting with the residents on Mole Street were based on the construction side. So I would have to be at a comfort level that whoever the developer was going to be, that we have a clear set of understanding of the construction-related activities, where the trailers will be placed, the timing and moving of all of the various construction activity, the issue with the Parking Authority. DEPUTY
So those are the kind of things that I'd feel a lot more comfortable if we have some of that in writing. So I think to give you time to put all that in place, because I know you only control certain aspects of the project, could in the long run be beneficial to you to put that in place. But personally, I'm committed 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. to moving this along. I think our ability -- the fact that we have three sessions left, I think we have the ability, assuming we get the pertinent information, we'll be able to move this out before we leave at the end of the session. And if we don't get the information, then it probably shouldn't have moved anyway. DEPUTY
Okay. Councilman, I'm willing to work. I mean, we have worked extremely hard to get to this point, and I'm willing to answer any of the questions that we need to answer. I think that we have that ability to do that, and I think I'm ready to go forward. So I will see that you get all the information. I know that parenthetically we have been able to meet with the various construction timetables, and I know there are various drawings that are actually making their way to my desk. From what I understand from my BlackBerry's notations 27 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. just a few moments ago, some of those issues and suggestions are coming across my table right now. So this has moved forward, and once again, I wanted to make sure this Committee was aware that whatever we do and however we do it, we've -- the site is the site. The way that we've gone forward and the development that's needed to be done and the critical nature of how this will affect positively the jobs and just the efficiencies in the Family Court system are just so overdue, that I just want to make sure we do everything we can to keep this process moving forward in an open and transparent way. I have no 18 problem with that. That's the commitment that I make to you, not only individually but personally.
I have every confidence in your ability to deliver what it is you give your commitment to. Councilman DiCicco. 28 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. COUNCILMAN DiCICCO: Mr. Gillison, you mentioned that you expect construction to begin this summer? DEPUTY
We were moving with an idea that, up until what happened last week, we were looking that -- we were hoping that everything would start sometime in the second part of July, July the -- the second week or the third. It would have been a groundbreaking, and then sometime at the middle or the end of August would be -- they would be getting into the ground. COUNCILMAN DiCICCO: So in order for you to meet that timetable, you obviously need for the action to be taken on our part here -- DEPUTY
That's correct. COUNCILMAN DiCICCO: For some reason, which I don't think will happen, 29 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. if we are still here after the 17th, what is the last date action on our behalf would be needed in order for you to meet that July start date? DEPUTY
I was told by various parties that my drop-dead date was the 17th I had to have most of these things moved. If that does not occur, then I'm going to be -- COUNCILMAN DiCICCO: But that moves that other timetable way back? DEPUTY
Exactly right. And, of course, then we're looking at the possibilities of other contingencies I don't even want to think about right now. So it will be my fervent matter to get this thing done so that we can maintain the timetable that the Chair has asked for. COUNCILMAN DiCICCO: Thank you.
Thank you, Councilman. Any other questions of this witness by members of the Committee? 30 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. (No response.)
Hi. Good afternoon. The 600 jobs, are they construction jobs? Will there be any permanent jobs; do you know? DEPUTY
There are 600 jobs that are construction jobs that were anticipated by both PIDC and others surrounding this matter. There are 600 other jobs that are indirect to the construction phase. Because we are consolidating matters within the Family Court, I do not have an estimate as to how many jobs would be created post. Bottom line is that we're consolidating from two different areas into one. So I'm not looking at this as a jobs creator bill for the long term, but the short-term hit is where we're getting the 31 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. 600 both construction and 600 related construction jobs.
So if you break ground in the summer, when is the anticipated completion date? DEPUTY
It was about two and a half years, if I remember correctly off the top of my head. So that's why we were trying to keep this thing going forward. Two and a half to three years is the maximum on the outside, but two and a half years.
I'm sorry. I was just -- the Commissioner just indicated that there will be some maintenance and also other jobs, a couple of hundred jobs that are maintenance related that are permanent as a result of this consolidation going forward. So I 32 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. stand corrected.
And they'll be controlled by the courts? COMMISSIONER SCHLOTTERBECK: No. 8 DEPUTY
Court employees or private contractors? COMMISSIONER SCHLOTTERBECK: Private contractors. It will probably be part of another contract that comes under the Department of Public Property for contract maintenance and operations. We currently do the same thing for the Criminal Justice Center.
Well, I'd like to have information ongoing about employment opportunities. DEPUTY
You can 33 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. include that in your information that you'll be getting to us. COMMISSIONER SCHLOTTERBECK: Okay. DEPUTY
Thank you. This concludes the public hearing on the Committee of Public Property and Public Works. Councilman Greenlee, can you please give me a motion on Bill No. 24 100373.
Thank 34 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. you, Mr. Chairman. I move that Bill No. 3 100373 be reported out of this Committee with a favorable recommendation and move further the rules of Council be suspended to allow for first reading at our next session of Council. (Duly seconded.)
The ayes have it. Bill No. 100373 is reported out of Committee with a favorable recommendation with rules suspension as to allow the reading at the next session of Council. Councilwoman Miller, can you please give me a motion on Bill No. 24 100374.
Thank 35 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. you, Mr. Chair. I move that Bill 100374 be voted out of this Committee with a favorable recommendation and further move that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.)
The ayes have it. Bill No. 100374 is reported out of Committee with a favorable recommendation and request for rules suspension as to allow reading at the next session of Council. Bill Nos. 100375 and 100378 will be recessed in Committee until June 9th at 3:00 p.m. This concludes the Committee on 36 6/1/10 - PUBLIC PROPERTY - BILL 100373, etc. Public Property and Public Works. Thank you all very much. (Committee on Public Property and Public Works concluded at 1:55 p.m.) - - - 37 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 June 1, 2010, 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.)