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Minutes

Committee Hearing, June 10, 1998

Philadelphia City Council Committee HearingsJun 10, 1998

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

m. S. , a Pennsylvania corporation, for the City to lease the building located at 667-677 North Broad Street and adjacent parking lot located at 1360-1364 Ridge Avenue and 1319 Wallace Street, under certain terms and conditions. Bill 970793 - An Ordinance authorizing the Commissioner of Public Property to convey to the Redevelopment Authority of the City of Philadelphia without consideration, a deed conveying fee simple title of certain premises located at 216 West Somerset Street and authorizing the Commissioner of Public Property to enter into or to execute such other agreements as may be necessary or desirable to effectuate the provisions of this Ordinance; all under certain terms and conditions. Bill 970833 - An Ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, a deed conveying fee simple title a certain tract of City-owned land with the buildings and improvements thereon, situated at the northwest corner of Fifth and Huntingdon Streets and authorizing the Commissioner of Public Property to enter into or to execute such other agreements as may be necessary or desirable to effectuate the provisions of the ordinance, all under certain terms and conditions. VINCENT VARALLO ASSOCIATES, INC. , for the use of certain property located on the northeast corner of Byberry-Southampton Road and Townsend Road, to provide for an extension of the city's responsibility for the payment of charges and fees for public utilities, sewer rents, water rents, water charges, and heating charges, under certain terms and conditions. Bill 980270 - An Ordinance amending an ordinance, approved September 29, 1981, as amended, which ordinance authorized a lease between the City of Philadelphia and Twenty-first Ward Athletic Association relating to the lease of the two parcels of ground located on the westerly side of Harner Street, southeast of Cathedral Road, by authorizing amendments to such lease to change the area of land leased to the Twenty-first Ward Athletic Association and to make other amendments to the lease agreement all under certain terms and conditions. Bill 980407 - An Ordinance authorizing a Director of Commerce and the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a Deed of Dedication of Easement and Agreement with Tinicum Township, ("Tinicum") granting Tinicum a perpetual easement for public roadway and right-of-way purposes through certain property on the Philadelphia International Airport located in Tinicum Township, Delaware County, Pennsylvania. Bill 980442 - An Ordinance authorizing the Commissioner of the Department of Public Property, on behalf of the City of Philadelphia, to execute and deliver to the Redevelopment Authority of the City of Philadelphia, for no consideration, deed or deeds conveying fee simple title to certain parcels of City-owned land situate at 800 North Broad Street and 1438-1414 Brown Street and 1441-1419 Ridge Avenue, under certain terms and conditions. Bill 980458 - An Ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a real estate purchase contract with Louis Fox, an individual, and Catherine Katz, an individual, and to accept a deed, for the purchase of properties located at 700-04 North Third Street and 309-11 Fairmount Avenue 3 ("Property") in Philadelphia, Pennsylvania, under certain terms and conditions. Bill 980459 - An Ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a lease agreement with Spring-Del Associates, a partnership, for use by the City of premises located at 520-534 North Delaware Avenue, also known as North Columbus Boulevard, Philadelphia, Pennsylvania, under and being subject to certain terms and conditions.

Bill 980460 - An Ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a sublease agreement with the Philadelphia Authority for Industrial Development for use by the City and affiliated agencies of office space located at 990 Spring Garden Street, Philadelphia, Pennsylvania, under and being subject to certain terms and conditions. , under certain terms and conditions. PRESENT: HONORABLE COUNCILWOMAN AUGUSTA A. CLARK, Chairlady COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN FRANK RIZZO COUNCILMAN DAVID COHEN COUNCILMAN ANGEL L. ORTIZ 4 I N D E X BILL 980147 PAGE Andres Perez, Comm. of Dept. of Public Property- 6 BILL 970793 Andres Perez, Comm. of Dept. of Public Property- 9 Alva Martinez, Executive Director, Congresso de Latinos Unidos ------------------------- 10 BILL 907777 Andres Perez, Comm. of Dept. of Public Property-18 BILL 980270 Andres Perez, Comm. of Dept. of Public Property-20 BILL 980407 Thomas Moore, Government Affairs Officer, Division of Aviation -------------------- Janet Moore, City of Phila. Law Dept. -------- 27 9 Thomas Jensen, Dept. of Public Affairs, UPS --- 27 Andres Perez, Comm. of Dept. of Public Property-32 10 BILL 980442 Andres Perez, Comm. of Dept. of Public Property-33 11 Noel Eisenstat, Exec. , City Redevelopment Authority ------------------------------- 35 12 BILL 980458 Andres Perez, Comm. of Dept. of Public Property-38 13 BILL 980460 Andres Perez, Comm. of Dept. of Public Property-39 14 David Grasso, Spring Pack Assocs. ------------ 50 BILL 980882 15 Joseph James, Deputy Comm. Dept. of Public Property -------------------------------- 56 16 Vincent Costello, Dept. Of Public Property --- 66 Ed Pardini, Vice President, Comcast ---------- 69 17 Stephanie Lowe, Director of Community and Govt. Relations, Comcast --------------------- 108 18 James Jackson, Exec. Vice President, PCDC --- 109 Marilyn Carraccio, Admin, Asst. of 19 State Senator Shirley Kitchen ---------- 118 Marlene G. Patterson, PCAC ------------------ 121 20 William Goldsby, PCAC ----------------------- 124 Gretien Claushing, PCAC --------------------- 130 21 Keith Brand, Adjunct Prof. - Ursinis College, Temple University ---------------------- 133 22 William Butcher, PCAC ----------------------- 137 Robert Sorrell, Pres. - Phila. Urban League -- 141 23 Dr. Voung Thuy, Exec. Dir. Indonesian American Council --------------------------------- 144 Robert Yancy, Principal, Germantown High ----- 145 Lee Webster, Director Enterprize Communications for Phila. School District ------------- 149 5 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS

Council President Street

We're getting ready to have a meeting of the Council Committee on Public Property. The Council Committee of the Whole is in recess. We had a public hearing earlier today, we recessed until 4 o'clock. We're running just a little bit late so the hearing of the Council Committee of the Whole will stand in recess until 5 o'clock. We appreciate very much your patience. Those people who are here on the sidewalk bill and other bills that are before the Council Committee of the Whole, we appreciate your indulgence, but we will make every effort to be ready at 5 o'clock. THE CHAIRLADY: Good afternoon, ladies and gentlemen. The Committee of Public Property and Public Works is now in session. Please disregard these technicians who are in the process of setting up for testimony that will be taken later. The rest of us will proceed with a fairly substantial list before the Committee today. For purposes of the record, let me establish that a quorum has been established. Present at the table today is Councilman Frank Rizzo 6 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS to my far left. To the left of me is Councilman Angel Ortiz. To the right is Councilman Michael Nutter and Councilwoman Joan Krajewski. I'm Chair of this Committee and my name is Augusta Clark. Will the clerk please read the first bill before us?

The Clerk

Bill No. 980147, an Ordinance authorizing the Commissioner of Public Property, on behalf of the City to enter into an amendment to the Lease dated July 10, 1990, between the City and the Far Northeast Senior Citizens, Inc., for the use of certain property located on the northeast corner of Byberry-Southampton Road and Townsend Road, to provide for an extension of the City's responsibility for the payment of charges and fees for public utilities, sewer rents, water rents, water charges, and heating charges, under certain terms and conditions. THE CHAIRLADY: Thank you. Good afternoon. Please introduce yourself to the record, spell your name for benefit of the stenographer, and proceed with your testimony.

Mr. Andres Perez

Good afternoon, 7 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Chairwoman Clark and Members of the Committee on Publish Property and Public Works. My name is Andres Perez, A-n-d-r-e-s, P-e-r-e-z. I'm Commissioner of the Department of Public Property. The written testimony that have been provided to you. I assume that my staff would be making the presentation. In the interest of expediting the various bills, I will try to speed through them and use the summary paragraph regarding Bill No. 980147. It will permit the City to extend the City's responsibility for the payment of charges and fees for utilities, rents, sewer rents, water rents, and water charges and heating charges under certain terms and conditions. The Department of Public Property supports this measure. This is actually an extension of an existing arrangement including some utility charges that have not been previously included, and I respectfully ask that the Bill be proceeded with under the suspension of the rules. THE CHAIRLADY: Just so record will be clear, will you give a little bit of background about what Bill No. 980147 is about and why this action is taken at this time? Please proceed. 8 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS

Mr. Perez

My recollection, briefly, is that some years ago the Northeast Senior Citizens facility was constructed on previous city-owned land and I believe with state funding. In exchange, the Councilperson for the area did seek to have the basic operating expenses absorbed by the City through our blanket bill arrangements benefitting from the various discounts that the City has through the utility providers. That's in very summary fashion. THE CHAIRLADY: Are there any questions by Members of the Committee. Any questions?

Councilwoman Krajewski

No questions, Madam Chairwoman. THE CHAIRLADY: Thank you very much, sir.

Mr. Perez

Thank you. THE CHAIRLADY: The next bill.

The Clerk

Bill No. 970793, an Ordinance authorizing the Commissioner of Public Property to convey to the Redevelopment Authority of the City of Philadelphia without consideration, a deed conveying fee simple title of certain premises located at 216 West Somerset Street and authorizing 9 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS the Commissioner of Public Property to enter into or to execute such other agreements as may be necessary or desirable to effectuate the provisions of this Ordinance; all under certain terms and conditions. THE CHAIRLADY: Please proceed, sir.

Mr. Perez

Bill No. 970793 will permit the City to transfer the premises situated at 216 West Somerset Street to the Redevelopment Authority of the City of Philadelphia for further development by the Congresso de Latinos Unidos, Incorporated, a Pennsylvania corporation to accommodate the City's Anti-graffiti Network among other terms and condition. The Department of Public Property supports this measure and, again, respectfully request for the suspension of the rules to proceed. THE CHAIRLADY: Thank you. Are there questions by the members of the Committee? There being none.

Mr. Perez

There may be persons present wishing to testify. THE CHAIRLADY: You wish to be heard on this? Please come forward. Introduce yourself for the record, spell 10 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS your name for the benefit of the stenographer, and procedure with your testimony.

Ms. Alva Martinez

Good afternoon, Members of City Council. It is a pleasure to be here. My name is Alva Martinez. I am Executive Director of Congesso de Latinos Unidos, and I'm here to give testimony in support of Bill No. 970793. There are a number of Congresso board members here, and I ask them to stand and be acknowledged. (Applause.)

Ms. Martinez

Congresso was founded in 1977, and it's the City's largest most comprehensive non-profit social service agency for North Philadelphia's Latino community. Congresso is innovative and cost efficient bilingual, bicultural service programs are widely praised and reach nearly 4,500 low-income individuals and families each year. Our public education campaigns reach 40,000 more. Congresso is grateful to have the opportunity to offer testimony regarding the possible use of the city-owned property at 216 West Somerset a future headquarters. We seek to 11 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS redevelop this nearly vacant former industrial property as our headquarters for the delivery of our employment and training, family support, health promotion, adult education, housing, and youth services to the Latino community and its neighbors. We will invest six million dollars and intend to transform this building into a state-of-the-art social services facility. Planned renovation will bring this structure up to contemporary office standards in terms of mechanical systems, safety, security, handicap accessibility attractiveness of interior and exterior, and fit out for reception, administration, and a variety of program and training uses. Congresso will create between 40 and 60 new jobs, thus stimulating economic activity in that area. We have identified and are pursuing funding sources to help us reach our goal, and we'd like the best use of the summer for this purpose. Therefore, we request that the Committee on Public Property and Public Works recommend passage of this bill today and suspend the rules for City Council's passage of the bill prior to its adjournment. 12 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Thank you very much. THE CHAIRLADY: Thank you for your testimony. May I just ask you a few questions? Please describe the premises being conveyed and any building to other structures located thereupon and what is that fair market value of the property and the proposed sale price? And, Commissioner, you can answer that question, if you will.

Mr. Perez

Roughly it's an approximately six-story former industrial building located at the southeast corner of American and Somerset. The parcel includes an adjacent parking lot. And I'm sorry, I don't recall the square footage associated with that. This is not a capital asset. This was acquired many years ago as a small business incubator building and was turned over to the custody of Public Property approximately seven years ago. It's been largely unused since then. We took advantage of having the space in the building to support our storage needs associated with the construction of the courthouse and the new prison. However, since those projects were completed, we've only had a small L & I component in that building, 13 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS and we've used it as the storage facility for anti-graffiti operations. THE CHAIRLADY: So the structure was essentially vacant?

Mr. Perez

It was substantially vacant. We continue to support it and maintain it because of the staff group that we had in there and we also didn't want it to be left to be victimized by the neighborhood. THE CHAIRLADY: What is the fair market value?

Mr. Perez

I don't know what the fair market value is. THE CHAIRLADY: Sales price?

Mr. Perez

The intent was to convey for nominal consideration redevelopment authority for the continued use of the current space for the anti-graffiti operations and, of course, the substantial investment of several million dollars to be made by Congresso and the building itself, so the investment overall will be many times the market value.

Councilman Ortiz

What is plan for the City Outreach L & I office? 14 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS

Mr. Perez

I'm not familiar with the city plans. I have yet been told to relocate them. I do recall that it would be contemplated moving them to space renovated at the library at Sixth and L.

Councilman Ortiz

You don't have a plan or a set programmatic idea where we're going?

Mr. Perez

It has no department jurisdiction. I'm not aware what those are.

Councilman Ortiz

Okay. THE CHAIRLADY: How many new jobs created?

Ms. Martinez

Forty and sixty. A hundred employees, 40 full-time and part-time. 16

Councilman Ortiz

And above the present 17 number, 40 or 60? 18

Ms. Martinez

40 or 60 above that. 19 THE CHAIRLADY: Any other questions by 20 any other Members of the Committee? Thank you.

Ms. Martinez

Thank you very much. THE CHAIRLADY: The clerk will read the next bill, please.

The Clerk

Bill No. 970833, an 15 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, a deed conveying fee simple title a certain tract of City-owned land with the buildings and improvements thereon, situated at the northwest corner of Fifth and Huntingdon Streets and authorizing the Commissioner of Public Property to enter into or to execute such other agreements as may be necessary or desirable to effectuate the provisions of the ordinance, all under certain terms and conditions. THE CHAIRLADY: Proceed, Commissioner.

Mr. Perez

Bill No. 970833 will permit the City to transfer the premises situated at Fifth and Huntingdon Street to the Redevelopment Authority for further development by the Association de Musicos Latino Americanos, otherwise referred to as AMLA, A-M-L-A, a Pennsylvania corporation to accommodate the Latino musical education programs, among other certain terms and conditions. The Department of Public Property supports this measure, and again, I respectfully request that Council approve the Bill with a suspension of the rules. 16 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS THE CHAIRLADY: Are there any questions from Members of the Committee?

Councilman Ortiz

Madam Chair, I'd like to speak to the Bill. I don't think Jesse Bermudas (ph)is here. He is the executive director and president and founder of AMLA. And the purpose of this transference of property is to build a music school adjacent or right in front of the Puerto Rican Workshop, and begin the process of building a cultural and arts economic development district within the Latino area. The Pew Foundation, the Governor's Office, and other funding sources have been committed to building -- this will be a brand-new building. In is currently a parking lot. Right, Commissioner?

Mr. Perez

Currently it's being used as a parking lot to support some nearby school district offices.

Councilman Ortiz

This will be a brand-new building housing and music and cultural center that will hopefully provide, one, a good number of jobs, around 40 or so jobs, and perhaps serve as the anchor together with the Puerto Rican 17 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Workshop for an economic district, cultural and economic district in the neighborhood. And that's the plan along these lines. THE CHAIRLADY: Certainly is an exiting plan. Are there Members of Council that have questions or comments that wish to be heard with respect to this bill? First of all, were there any parties interested in this property, Commissioner?

Mr. Perez

I'm sorry, Councilwoman. THE CHAIRLADY: Were there any parties interested in the property?

Mr. Perez

Over the years the property has garnered the interest of a number of parties. All of them have essentially backed out. Council's most recent action regarding this was the authorizing of an agreement with PIDC who was to in turn enter into an agreement with a development entity. None of those projects ever came to fruition. It remains a fairly substantial, fenced-in vacant lot occasionally used for parking. THE CHAIRLADY: Now, I assume they need site control? 18 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS

Mr. Perez

Yes. This is obviously conditional on the eventual receipt of those grants. THE CHAIRLADY: Of course. If there are no further questions, are the there persons in the audience who wish to be heard in favor of or against this bill? There being none, I thank you, sir. Would you read the next bill.

The Clerk

Bill No. 970777, an Ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into an agreement of Lease between the City of Philadelphia and U.S. Four, Inc., a Pennsylvania corporation, for the City to lease the building located at 667-677 North Broad Street and adjacent parking lot located at 1360-1364 Ridge Avenue and 1319 Wallace Street, under certain terms and conditions. THE CHAIRLADY: Commissioner?

Mr. Perez

Thank you. Bill No. 970077 will permit the City to lease the premises situated at 667 North Broad Street and adjacent parking lots at 1360 through 1364 Ridge Avenue as well as 1319 Wallace Street from the US Four, Incorporated, a 19 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Pennsylvania corporation. This is a renewal of a lease for a homeless shelter under certain terms of the conditions. The Department of Public Property supports this measure, and again, respectfully ask Council's approval and suspension of the rules. Thank you. THE CHAIRLADY: Are there any questions or comments by Members of the Committee? Are there persons present who wish to be heard to speak in favor or against the bill? There being none -- just a minute. Councilwoman Miller does have a question.

Councilwoman Miller

Hi, good afternoon. Commissioner, are shelters there now?

Mr. Perez

Yes. It was one of the City's original shelters. This agreement goes back, I believe, to 1987.

Councilwoman Miller

Thank you. Thank you, Madam Chair. THE CHAIRLADY: Thank you. The clerk will read the next Bill.

The Clerk

Bill No. 980270, an Ordinance amending an ordinance, approved September 20 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS 29, 1981, as amended, which ordinance authorized a lease between the City of Philadelphia and Twenty-first Ward Athletic Association relating to the lease of the two parcels of ground located on the westerly side of Harner Street, southeast of Cathedral Road, by authorizing amendments to such lease to change the area of land leased to the Twenty-first Ward Athletic Association and to make other amendments to the lease agreement all under certain terms and conditions. THE CHAIRLADY: Thank you. Proceed, Commissioner.

Mr. Perez

Bill No. 980270 will permit the City to amend the City's lease between the Twenty-first Ward Athletic Association by increasing the land area under certain terms and conditions, and the Department of Public Property supports this measure. We are distributing to you an Amendment inserting a new Section 2. The section reads as follows: "The exact size and metes and bounds description of the leased property shall be determined by an official survey which shall be subject to the approval of the Commissioner of 21 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Public Property and a copy of which shall be kept on file with the Chief Clerk of City Council to be made available for inspection by the public during regular office hours." In addition, we're distributing a copy of the lease amendment which had been omitted from the earlier submission to the Committee. THE CHAIRLADY: That is marked Exhibit A?

Mr. Perez

Yes, Exhibit A. I respectfully request approval of the Bill with suspension of the rules. THE CHAIRLADY: Thank you.

Councilman Nutter

Commissioner, thank you for your testimony. I also wanted to put on the record that I appreciate all the work that you and other members of the Public Property Department, the Law Department, Mary Mahdavi who worked on this and Joe Perrello from the Risk Management Unit and a couple other departments in the government. The Twenty-first Ward Athletic Association, which is a longstanding authorization is deeply appreciative of all the work, and this is something they've been seeking for some time, and 22 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS I'm glad that we're at the point of getting the Bill 3 introduced and hopefully passed as soon as possible. Thank you very much, Commissioner.

Mr. Perez

Thank you, Councilman.

Councilman Nutter

This is a city facility commonly known or covering an area generally referred to as the Al Pearlman Sports Complex in the Twenty-first Ward. There are a series of various ball fields that are used by the Twenty-first Ward Athletic Association, it's a recreational facility, and we're consolidating leases and getting an area that apparently did not have a lease that was being used that's being incorporated in this bill as well. This wraps up all of the various fields of this complex and gets them under one lease document. THE CHAIRLADY: Thank you. Are there persons in the room who wish to be speak in favor of or against this bill? Seeing none, are there members of the Committee who wish to be heard to speak? Would the clerk read the next bill, please? For purposes of the record, there is a 23 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS substantial Amendment which will be set forth as if it had been read in its entirety here.

Mr. Perez

Thank you.

The Clerk

980407, an Ordinance 6 authorizing the Director of Commerce and the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a Deed of Dedication of Easement and Agreement with Tinicum Township, ("Tinicum") granting Tinicum a perpetual easement for public roadway and right-of-way purposes through certain property on the Philadelphia International Airport located in Tinicum Township, Delaware County, Pennsylvania. THE CHAIRLADY: Good afternoon. Please identify yourself for the record, spell your name for the stenographer, and proceed with your testimony.

Mr. Thomas Moore

Thank you, Madam Chairlady. Good afternoon. My name is Thomas Moore, T-H-O-M-A-S, M-O-O-O-R-E. I serve as a Government Affairs Officer for the Division of Aviation, Department of Commerce. I'm here today on behalf of the Division of Aviation requesting the Committee's approval of Bill 980407. 24 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Passage of this Bill would approve an easement agreement or public right-of-way and roadway purposes between the City and Tinicum Township. " The easement area will be located over a to-be-improved stretch of roadway located along the southwestern perimeter of the Philadelphia International Airport that is located in Tinicum Township, Delaware County. This new stretch of roadway, which will be constructed by the Delaware County Industrial Development Authority, will, upon completion, be assumed by Tinicum as a Tinicum public roadway pursuant to the easement agreement. Once the roadway is constructed, Tinicum will be responsible for, and will pay for, all necessary repair and maintenance. Tinicum will be responsible for enforcing all applicable public roadway regulations under state law and township ordinance. So that you are aware, the City will continue to be able to enjoy the use of the roadway once it is improved. It will also retain a right to relocate the roadway, if necessary. Further, in the event 25 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS that Tinicum ceases to use the easement area for public roadway purposes, the easement agreement would terminate automatically. As it currently exists, Hog Island Road is essentially two dead end roads, separated by a locked gate which marks the City property line just beyond the United Parcel Service facility. The Bill, which would enable the rejoining, enhancement and maintenance of this roadway, is consistent with the Airport's good neighbor policy and would further strengthen our improving relations with Tinicum. From the standpoint of safety, rehabilitation of Hog Island Road is critical. The road is subject to heavy flood which, along with the obvious hazards this causes, restricts access in both directions for UPS employees, other business entities, and police, fire and rescue personnel. Refurbishment of this roadway would enhance its safety and alleviate congestion at a time when UPS is planning to expand its Hog Island air freight hub and more vehicles would be using Hog Island Road than ever before. Improvements to Hog Island Road would also promote the regional economy by making job COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS opportunities more accessible. SEPTA has indicated that it would initiate bus service along Hog Island Road if the road were improved and made a throughway. This would enable many low income Philadelphians to commute directly to UPS, the Tinicum Industrial Park, and other Tinicum work sites for the first time. In short, the Division of Aviation feels that the rejoining, improvement, and expansion of Hog Island Road is a worthwhile undertaking and supports the Delaware County Industrial Development Authority and Tinicum Township's efforts to accomplish this goal. We ask that you give your approval to the granting of this permanent and perpetual easement to Tinicum. We also ask that the rules be suspended so the Bill may be passed upon second reading at Council. I thank you again for this opportunity to address you today. I also have with me representatives of the City's Law Department to answer any questions you may have about the easement agreement. Additionally, also present are representatives of the Department of Public Property, Tinicum Township, and the Delaware County 27 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Industrial Department Authority who can also answer questions concerning this transaction. It is my understanding that there are representatives of UPS present today as well who would like to offer testimony in support of this bill. Thank you. THE CHAIRLADY: Would you like to speak now?

Mr. Thomas Moore

Why don't we let them all speak now, Mr. Rizzo, and then you ask your questions; is that okay?

Mr. Rizzo

That's fine. THE CHAIRLADY: Please introduce yourself to the record. Specifically tell us which of the various agencies he mentioned you might represent and proceed with your testimony.

Ms. Janet Moore

My name is Janet Moore. I'm with the City of Philadelphia Law Department. I'm not here to testify, but I'm here to answer questions if there are any of City Council. THE CHAIRLADY: Thank you. I appreciate that. Good afternoon, sir.

Mr. Tom Jensen

Good afternoon, 28 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Councilwoman Clark, Members of the Committee on Public Property and Public Works. My name is Tom Jensen, J-e-n-s-e-n, of the Department of Public Affairs of United Parcel Service of America. I'm here this afternoon to testify in support of Bill 7 No. 980407. This bill would authorize certain real estate transactions necessary to permit the City to grant an easement over land upon which Delaware County Industrial Development will construct an extension to a currently existing public road known as Hog Island Road. Upon completion of the Hog Island Road extension, the new road will be dedicated to and accepted by Tinicum Township as a public roadway of the Township. United Parcel Service operates its principal East Coast air hub at a site on Hog Island Road adjacent to the Philadelphia International Airport. The UPS Philadelphia air hub currently employs over 3,000 people and processes an average of approximately 300,000 parcels each day. THE CHAIRLADY: Mr. Jensen, thank you for your testimony in full. Could you summarize it?

Mr. Jensen

United Parcel Service is 29 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS 110 percent behind Bill No. 980407. We're happy to be in Philadelphia. We want to stay and grow in Philadelphia, and we appreciate your consideration. THE CHAIRLADY: We thank you so much. Are there questions? Have you presented your case-in-chief? Are there other persons present who you wish to speak?

Mr. Moore

Madam Chairlady, we presented everyone that we care to at this time. THE CHAIRLADY: All right, thank you. Mr. Jensen, we will put your entire testimony in the record as if you had set it forth earlier here.

Mr. Jensen

Thank you. THE CHAIRLADY: I was dogging you a little bit, but if you do have points that you wish to emphasize by speaking that are not clearly made in this record, you certainly have the opportunity and this is the time to do it. But I flipped through your testimony, and it seems fairly clear to me.

Mr. Jensen

Everything is summarized in there, Councilwoman. But again, United Parcel Service is a very important project for us so that 30 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS we can grow and continue to prosper in Philadelphia, and particularly it's of interest so we can continue to help in the areas of welfare to work. We're one of the country's leading employers in moving folks from the welfare roles to the workplace, and the road is going to help us dramatically given the additional bus routes from SEPTA and the access to not only UPS, but to other employers throughout the corridor. THE CHAIRLADY: Thank you. I think that's an important point to make, and we appreciate your emphasis here. Mr. Rizzo wishes to be heard.

Councilman Rizzo

Thank you. My question is to Mr. Moore from the Division of Aviation. A curiosity question here which I'll appreciate you answering. I'll read, "So that you are aware the City will continue to be able to enjoy the use of the roadway once it's improved. It will also retain a right to relocate the roadway if necessary." Could you comment on that, please?

Mr. Moore

Yes, Councilman Rizzo. That clause indicates that if the airport needed for this 31 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS roadway to be located for our purposes to stay within the mandates of the FAA or for other such relocation purposes that that such relocation would be allowed under this easement agreement.

Councilman Rizzo

At whose expense?

Mr. Moore

The relocation would be at the City's expense. THE CHAIRLADY: Of course, if you decide to move it. And your testimony is that should they ever cease to use it in this designated way that the easement would terminate?

Mr. Moore

That's correct. This easement is in effect only so long as this is a public roadway.

Councilman Rizzo

So to be clear about this, if the airport would ever expand or FAA rules would change that would not allow a roadway because of aviation operations, that the City of Philadelphia would be committed to relocating this roadway or there would be an option to close it again? What would be the --

Ms. Janet Moore

I think that what would happen is if for some reason the airport had a 32 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS need to relocate the roadway, the airport would be entitled to do that. It would be at the airport's cost, at the City of Philadelphia's cost but out of the airport budget, and there are certain requirements in the agreement that allow the City to do that, to relocate the road if it needs to because maybe there needs to be a bigger clear zone or something, we can do that. This agreement retains that for the City. THE CHAIRLADY: Expressly reserves that right.

Ms. Moore

So the City sort of continues to have control.

Councilman Rizzo

Thank you, Madam Chair. THE CHAIRLADY: Are there any other questions, sir? No more? Thank you very much. I appreciate your help there.

Mr. Moore

Thank you, Madam Chairlady. THE CHAIRLADY: You wish to be heard on this bill?

Mr. Perez

Yes, Councilwoman. As Commissioner of Public Property, we support the 33 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS measure and respectfully ask Council's approval through suspension of the rules. Thank you. THE CHAIRLADY: Thank you very much. Other bills?

The Clerk

Bill 980442, an Ordinance 7 authorizing the Commissioner of the Department of Public Property, on behalf of the City of Philadelphia, to execute and deliver to the Redevelopment Authority of the City of Philadelphia, for no consideration, deed or deeds conveying fee simple title to certain parcels of City-owned land situate at 800 North Broad Street and 1438-1414 Brown Street and 1441-1419 Ridge Avenue, under certain terms and conditions. THE CHAIRLADY: Please proceed, sir.

Mr. Perez

Bill No. 980442 will permit the City to execute and deliver a deed conveying the premises at 800 North Broad Street, 1414-1438 Brown Street as well as 1441-1419 Ridge Avenue to the Redevelopment Authority of Philadelphia for further development as an outreach center by the People for People, Incorporated. The Department of Public Property supports this measure and respectfully asks a 34 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS suspension of rules, favorable considerable and passage. THE CHAIRLADY: Sir, this is the old traffic court building, is it not?

Mr. Perez

This is the old traffic court and other the associated parking lot. THE CHAIRLADY: And the parking lots behind it?

Mr. Perez

Yes. THE CHAIRLADY: And briefly, what is the intended new use?

Mr. Perez

The best way to describe the proposed reuse, as I understand it, and the Redevelopment Authority may be closer to it and better versed in the details of the proposed plan, is to take the building and convert it into a multipurpose human service center by People to People, Incorporated. THE CHAIRLADY: Is there anybody from the Redevelopment Authority who wishes to speak on this? Are there persons in the room who wish to be speak in favor of or against the bill? Are you rushing to be heard, Mr. 35 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Redevelopment Authority? Good afternoon.

Mr. Noel Eisenstat

Good afternoon my name is Noel Eisenstat, E-i-s-e-n-s-t-a-t. I'm the Executive Director of the City's Redevelopment Authority, and I'm here just to say that we really have no additional comment on this bill other than that supplied by the Commissioner of Public Property. We're prepared to take title to the property from the City in order to work out further redevelopment agreement with the organization known as People to People for a multipurpose facility. THE CHAIRLADY: May we infer from that that you support the passage of the Bill?

Mr. Eisenstat

You may do more than infer. I can state that the Authority is here to lend support to the Bill and serve as a conduit on behalf on the City to facilitate this future redevelopment. THE CHAIRLADY: Thank you very much. You wish to be heard Councilwoman Blackwell?

Councilwoman Blackwell

Yes, Madam Chair. I was just informed of a meeting that I'm 36 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS due to be in at 319. I'll step out a minute. Should you finish the last two before I come back, I wish to be voting as aye on all bills and amendments before this Committee. THE CHAIRLADY: Thank you very much.

Councilwoman Blackwell

Thank you, Madam Chair. THE CHAIRLADY: Thank you, gentlemen. Clerk, we have other bills before us?

The Clerk

Bill No. 980458, an Ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a real estate purchase contract with Louis Fox, an individual, and Catherine Katz, an individual, and to accept a deed, for the purchase of properties located at 700-04 North Third Street and 309-11 Fairmount Avenue ("Property") in Philadelphia, Pennsylvania, under certain terms and conditions. THE CHAIRLADY: Commissioner?

Mr. Perez

Bill No. 980458 will permit the City to purchase those certain properties located at 700 through 704 North Third Street and 309 through 311 Fairmount Avenue for recreation 37 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS purposes. The Department supports this measure, and I respectfully ask a suspension of the rules and favorable consideration of the bill. Thank you. THE CHAIRLADY: Thank you. Are there persons in the room who wish to be heard in favor of or against this bill? Are there comments from Members of the Committee? There being none, thank you, sir.

Mr. Perez

Thank you. THE CHAIRLADY: Clerk, are there any other bills before us?

The Clerk

Bill No. 980459, an Ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a lease agreement with Spring-Del Associates, a partnership, for use by the City of premises located at 520-534 North Delaware Avenue, also known as North Columbus Boulevard, Philadelphia, Pennsylvania, under and being subject to certain terms and conditions. THE CHAIRLADY: Commissioner, please proceed. 38 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS

Mr. Perez

Bill No. 980459 will permit the City to lease certain property located at 520-34 North Delaware Avenue for primarily the City Commissioner's purposes. The Department of Public Property supports this measure and respectfully ask for a suspension of the rules and favorable consideration. This is actually a restructuring of the existing lease agreement and extending it. THE CHAIRLADY: Commissioner, I apologize for being distracted. Tell me again what you said when you I wasn't listening.

Mr. Perez

The Department of Public Property supports the measure, and we ask for a suspension of the rules and favorable consideration. The measure is intended to continue the existing lease with changes in certain terms and conditions. This is more commonly known as the City Commissioner's office space at Delaware and Spring Garden. THE CHAIRLADY: On Delaware Avenue?

Mr. Perez

Yes. THE CHAIRLADY: All right. Are there any questions by the Members of the Committee? 39 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Are there persons in the room who wish to be heard speak in favor of or against this bill? There being none, thank you, sir. Clerk.

The Clerk

Bill No. 980460, an Ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a sublease agreement with the Philadelphia Authority for Industrial Development for use by the City and affiliated agencies of office space located at 990 Spring Garden Street, Philadelphia, Pennsylvania, under and being subject to certain terms and conditions. THE CHAIRLADY: Please.

Mr. Perez

Bill No. 980460 will permit the City to sublease certain property located at 990 Spring Garden Street for City agencies including 911 training, Streets Third Survey District, Licenses & Inspections, Police Conflict Prevention. The Department of Public Property supports this measure, and respectfully request a suspension of the rules and favorable consideration. Thank you. THE CHAIRLADY: Thank you, sir. 40 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Mr. Nutter, you wish to be heard on this?

Councilman Nutter

Yes, I do, Madam Chair, thank you. Commissioner, this bill had been the subject of some discussion a while ago. The agencies that you make reference to who would by this proposal be located the 990 Spring Garden, where are they coming from.

Mr. Perez

The Police 911 Training Unit is currently at 1600 Arch Street. The Streets Department Third Survey District is also at 1600 Arch Street. The Department of Licenses & Inspections, Weights and Measures Unit, as well as their Commercial Industrial Inspection Unit are coming from 1600 Arch Street. The Department of L & I Housing Office, and I'm sorry, I don't recall what area district they serve, which is currently located at 1415 North Broad Street will be coming to this building. The Police Civil Affairs in Conflict Resolution and EEO units are currently at 319 Race Street, and they will be relocating to this building.

Councilman Nutter

One of the items 41 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS under discussion about this Bill was the relocation of the personnel out of the 1415 North Broad Street location. I believe -- is that somewhere about Broad and Jefferson, Master?

Mr. Perez

Broad and Jefferson. If I may clarify in responding to your previous question, I did leave the Police Advanced Training Unit out which is also at 1415 North Broad Street.

Councilman Nutter

I thought there were two units.

Mr. Perez

Thank you for reminding me.

Councilman Nutter

What's the total number of personnel out the 1415 North Broad Street location? And what's the square footage of space that they have up there right now?

Mr. Perez

The Broad Street group, unfortunately, is not in my printed summary. My recollection is that the training -- you made reference to the police group, right?

Councilman Nutter

Police and L & I, they're both at 1415 North Broad.

Mr. Perez

L & I had 53 people, and I think since then they hired 15. They require approximately 4,000 square feet for that function. 42 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS However, all those L & I units together at 990 will occupy an entire floor of approximately 19,000 square feet. My recollection of the Police Advanced Training Unit is that it's a staff of about six or seven, but the training space required is in the neighborhood of or 13,000 square feet, mostly 9 classroom training space. 10

Councilman Nutter

Madam Chair. 11 THE CHAIRLADY: What does it do to the 12 continued viability of 1415 to have the City move its two units out of that building?

Mr. Perez

I have no doubt that there's an adverse financial impact. It's very difficult for me to gauge because they seem to be able to rent the rest of the building. I don't know what their success would be in quickly renting the spaces that we vacate. THE CHAIRLADY: Has anybody asked what it does to them?

Mr. Perez

If you mean asking them directly, no. 24 THE CHAIRLADY: Well, what percent of the space available did you occupy? 43 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS

Mr. Perez

I don't know that. I can find out for you. Shooting from the hip based on walking through the building, maybe percent. 5 THE CHAIRLADY: 20 percent? 6

Mr. Perez

Yes. They have a number of 7 smaller tenants in smaller suites. 8 THE CHAIRLADY: Smaller transient kinds 9 of tenants as opposed to a dependable tenant like a 10 City agency? 11

Mr. Perez

I saw federal agencies, 12 state agencies, and what were probably nonprofit 13 service providers. 14 THE CHAIRLADY: I'm very familiar with 15 the building. I can't imagine that they can afford 16 to lose 20 percent of the tenants being stable 17 financially secure as the City. Sometimes we go 18 into buildings to keep a building viable, don't we? 19

Mr. Perez

It's been done in the past 20 for economic development purposes. THE CHAIRLADY: Well, I would like to have you assess for this Committee the impact on that building's continued viability of having the City move its facilities, its agencies from there, recognizing that there's not a whole lot of business 44 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS in North Philadelphia. So at this point, I would be unwilling to report this bill out until I got your assessment of the impact of your moving would have. Can you guess how long it will take for you to provide us with that?

Mr. Perez

Difficult question to answer, and it's directly dependent on how forthcoming the owners are. I think I've been clear in my earlier testimony that there's been difficulty in having the building supported by them. A proper gauge of the impact would mean that they would be divulging to me what would normally be, I think, proprietary information. THE CHAIRLADY: Well, is there anything --

Mr. Perez

But I can confirm proportionately what our piece of it is. We can ask them to -- THE CHAIRLADY: Is time of the essence in moving this building?

Mr. Perez

It is for the most obvious reasons that the bulk of the people are coming from -- not the bulk, but a substantial number of 45 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS the people are coming from an expiring lease where we don't want to face holdover and penalty rents. The people coming from Third and Race are leaving a decaying building which continues -- THE CHAIRLADY: Whatever those reasons are, they would likely encourage you to hurry? I wait to be persuaded this that is good for the City, particularly to the North Philadelphia area of the City. Let me give it back to you.

Councilman Nutter

Thank you. Commissioner, the only thing I can add to this is when we talk about steps that have been taken in the past to help ensure economic viability of a building, you're probably familiar with I believe it's Six Pen Center?

Councilman Nutter

Is that the old Conrail building?

Mr. Perez

I believe it is, yes.

Councilman Nutter

Isn't that building being renovated.

Mr. Perez

I think it is, yes.

Councilman Nutter

Isn't it being 46 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS renovated with the assistance of the City of Philadelphia.

Mr. Perez

I don't know.

Councilman Nutter

It is. It's a major renovation project because we decided it was economically viable and in our best interest in the downtown corridor to do so. Based on the testimony here today, it does not appear, not saying that it's your fault, but it does not appear that that same kind of analysis was done for a much smaller building in another part of the City the impact of which could be as significant for that section as the Six Penn Center job could be for this part of town. And I think that's a very serious issue, and I would agree with the Chair.

Mr. Perez

It is a very serious issue, Councilman. We've made attempts in the past to correct the conditions in this space, the space we're talking about that is in reference to 1415 North Broad Street. While for a period of time it appeared that management wasn't interested in dealing with the problems, they did eventually come around to try to work with us on a series of code 47 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS violations, sanitary conditions based on the level janitorial work and the usual issues with HVAC. I won't say that they are not interested, but they appear to be unwilling to finance -- I'm sorry, they're not unwilling. They appear to be unable to finance the improvements it would have taken to keep us there for an indefinite period of time. THE CHAIRLADY: Will your leaving make it easier or harder for them to just bring the building into code?

Mr. Perez

Well, in one sense it would be easier because we're not in their way. And we know from our own renovation experiences that working around people is extraordinarily expensive. THE CHAIRLADY: I understand that, sir, but I don't want to be complicit in taking from their revenue stream City dollars which they may need just to keep their doors open. So why don't you look at the impact, talk to the people over there, report back to us? We've made it clear on the record that I am disinclined to report this Bill out. If forced, I will report it out with an unfavorable 48 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS recommendation and then I would politic against the passing.

Mr. Perez

Your position is quite clear. Unfortunately, I'm in a position where I feel compelled to ask you to reconsider that because -- THE CHAIRLADY: You did and I did and we're in the same spot.

Mr. Perez

We do need to relocate. If on the other hand there's an opportunity to bring other City tenants into an improved space, that's not a closed issue. I still have some moves to do. THE CHAIRLADY: What I'd like to do, and you and I are guessing now on a point that could be cleared up with just the rudimentary of investigations. Let's find out what the move does to them, okay, and whether stretching it out permits them to bring themselves into compliance so you wouldn't have to leave. I don't want to guess at that, and you seem unwilling to guess at it. Let's find out and make an informed decision.

Mr. Perez

We'll attempt to that. THE CHAIRLADY: Thank you, sir. I appreciate that. 49 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Are there any other comments or questions from members? Councilman Rizzo?

Councilman Rizzo

Commissioner Perez, could you restate the units of the Police Department that are going to locate at Spring Garden Street, please?

Mr. Perez

The Equal Employment Opportunity Unit; the Conflict Resolution Team, which is always co-located with the Civil Affairs Division of the Department; the Police Advanced Training Unit, which is coming from Broad Street.

Councilman Rizzo

Has that changed since our initial conversation? Was there some indication that Internal Affairs was going to be housed there?

Mr. Perez

The original program did assume that Internal Affairs and possibly Accident Investigation could be accommodated in the building. And once the detailed program reviews were done, and once newly appointed Commissioner Timoney had an opportunity to examine the set the problems associated with that, we decided to leave them out of that program. 50 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS

Councilman Rizzo

Where are they going?

Mr. Perez

Yet to be determined. The Police Department has reorganized and created a larger Internal Affairs group, so we have to find -- we actually have to find a space for them and we're in the process of trying to identify locations.

Councilman Rizzo

Thank you, Commissioner. Thank you, Madam Chair. THE CHAIRLADY: Thank you. Are there persons that wish to be heard to speak in favor of or against this bill? Please, sir. Good afternoon. Please introduce yourself to the record spell your name for the stenographer and proceed with your testimony.

Mr. David Grasso

Good afternoon. My name is David Grasso, G-r-a-s-s-o. I represent Spring Pack Associates who is the owner of the property located at 990 Spring Garden Street, the landlord that would be leasing to -- subleasing to the City of Philadelphia. There's just a few things I'd like to point out. One of which, I understand the Council's concern about not bringing an area of the City -- 51 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS not taking away a critical tenant away from a property and possibly bringing it to, you know, making not viable, a viable property. 990 Spring Garden Street has been vacant. It's about 155,000 square foot building which has been vacant for about to years, roughly. And in that 12 to 15 years 8 the building has been inhabited by drug users, and 9 the building has been a drug crack house, so to 10 speak. The building -- there's been numerous fires 11 in the building from the people who have been living 12 in there. 13 THE CHAIRLADY: Excuse me. Is the old 14 Packard Press building? 15

Mr. Grasso

That is correct. The City would be the major tenant in this building. I just want to point out that if substantial delay is taken by in this lease being signed, this property may go right back to the status it was in before. And although the building on Broad Street is already up and running and has tenants in it and is viable right now, this building would not be. THE CHAIRLADY: So this is like one of those Solomon-like decisions, isn't it? We don't want to split the baby. We do not want to split the 52 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS baby.

Mr. Grasso

Well, that's really not my decision. Our concern is obviously we have a financial stake in this. THE CHAIRLADY: Of course.

Mr. Grasso

And so does the owner of the property on Broad Street. I don't see why his would be any more paramount than ours. THE CHAIRLADY: Well, it may not be that we have to decide that one lives so the other one dies. Let's let the Commissioner go and do the due diligence so that we can make an informed decision and we won't just act on emotion. We have every interest in that building being brought back to life, the one on Spring Garden Street. But we don't want it to be done at the expense of the one on Broad Street. So let's balance the equities, let's be fair to both. And Commissioner, it's all in your court. You come back and tell us what we can do to invigorate the Spring Garden Street building without killing off the North Broad Street building.

Mr. Grasso

May I just make one point? THE CHAIRLADY: Yes, sir, please do. 53 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS

Mr. Grasso

The property on Broad Street, as you know, is an older property and it's rather antiquated. The property on Spring Garden Street -- THE CHAIRLADY: No, it's not. I don't know what you're thinking of, but this is that big white building that sets in a field between Master and Jefferson on Broad Street.

Mr. Grass

Is the OIC in this building? THE CHAIRLADY: It's the OIC building, but it's not an old building. It may be the newest building in North Philadelphia.

Mr. Grasso

Very well. We're trying to provide -- we will be providing a state-of-the-art facility for the City of Philadelphia, other tenants if possible, at a cost that would be equal to or less than what the City is currently paying. I just want to point that out for the record, that we're in essence saving the City money at the same time as giving them brand-new space. THE CHAIRLADY: I hear you and your pleas do not fall on deaf ears. I understand where you're going and why. I don't disagree with you. I have a different responsibility, and I'm balancing 54 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS equities here. The Commissioner knows what I'm trying to do here and he knows the urgency, and you have added to the urgency of his providing us with the kind of information that we have to have to make an informed decision. We want to take emotion out of it and do a business decision. But killing one so that the other one can live is not good business. Thank you. Sir, have I stepped on your line, were you through?

Mr. Grasso

No, ma'am. What you said is fine. THE CHAIRLADY: Thank you. I appreciate your coming. I hope you feel that we've respected you here because we surely do and we'll do the best that we can. Thank you. Are there other persons present who wish to be heard in favor of or against this bill? Thank you, Commissioner. Now before us comes the issue of renewal of cable franchise. The clerk will read the Bill.

The Clerk

Bill No. 960882, an Ordinance renewing the Area III and Area IV cable television franchises held by Comcast Cablevision of 55 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Philadelphia, L.P., under certain terms and conditions.

Mr. Perez

Thank you, Councilwoman Clark. THE CHAIRLADY: Excuse me one minute. Thank you. Proceed with your testimony after introduce yourself to the record.

Mr. Perez

I am Andres Perez, Commissioner of Public Property, and with me today is Joseph James, Deputy Commissioner for Communications, and Mr. Vincent Costello, Director of Communications for the Department of Public Property. It's a pleasure to appear before the Committee to briefly review the substantive provisions of the cable franchise proposal submitted to the City by Comcast Cablevision of Philadelphia. Based upon the negotiations pursuant to this proposal it's my recommendation that this City renew the cable television franchise for Areas III and IV served by Comcast. Bill No. 960882 was introduced in December of 1996. Representatives from my department have engaged in continuous discussions 56 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS with representatives from Comcast concerning renewal of the franchises as permitted by the Bill. Through the franchise renewal process, we've sought terms for an agreement that will best serve the needs of the communities in which Comcast operates as well as the needs of the City. Specifically these terms include issues such as term of renewal, franchise fee, system upgrade, institutional network services, public education on public access, local origination programming, MBE, WBE, and EEO commitments, customer service standards, and billing. In summary conclusion, much briefer than the text that was provided to you earlier, I again respectfully ask suspension of the rules and favorable consideration of this bill. THE CHAIRLADY: Thank you.

Mr. Perez

I'm going to ask Deputy Commissioner James to add some further clarification. THE CHAIRLADY: I appreciate that.

Mr. Joseph James

Good afternoon Councilwomen and Members of the Committee. THE CHAIRLADY: Good afternoon. A little louder, please, sir. 57 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS

Mr. James

Thank you. In addition to the suspension of the rules, we'd also ask that -- THE CHAIRLADY: Give your name to the stenographer.

Mr. James

I'm sorry. My name is Joseph James, Deputy Commissioner for the Department of Public Property responsible for communications. In addition to the suspension of the rules, we also ask that the original bill be amended to include the franchise renewal agreement and those modifications. THE CHAIRLADY: Do we have those agreements? Has that been passed out to us?

Mr. James

The agreement has been passed out. If not, we have copies available. THE CHAIRLADY: Commissioner, do you have copies of testimony? You can provide that to us, too. We don't seem to have it. Commissioner, it might be useful for you to read your testimony into the record because this is such a substantial agreement that lasts so long, we don't want the record to be frail or flimsy. I'm talking about your five-page testimony which you just passed out to us. 58 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Mr. Perez: I'll skip page one which I had stated earlier. Moving to page two, the specific terms, the renewal term Comcast seeks renewal of the franchise agreement for years for 6 each of the franchise Areas III and IV commencing 7 upon expiration of the current agreements. A 8 15-year term will provide the City with an improved 9 telecommunications infrastructure, new cable-related 10 services and technology, and additional franchise 11 fee revenues. 12 The franchise fee determined by the 13 Federal Cable Act may not exceed 5 percent of the 14 cable operator's gross derived from cable services 15 per year. Comcast has agreed to continue to pay the City 5 percent of the annual gross revenues including revenue from Home Shopping Channel sales and cable modem service. 4 million dollars a year. We expect this revenue to increase over the length of term given the addition of home shopping sales and cable modem service. System upgrade: Comcast has agreed to 59 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS upgrade its systems in Areas III and IV to a minimum of 750 megahertz band width by installing fiberoptic cable which will provide a minimum capacity of 82 downstream analog channels and 200 megahertz available for digital video and data services. The upgraded system will be capable of two-way operation for the provision of interactive services such as home banking, home shopping, travel information and reservation, news and information retrieval and will permit access to the internet and digital data transmission utilizing high speed cable modems. Comcast will submit a detailed implementation plan for system upgrade not later than 12 months before expiration of current franchises. The construction of the upgrade will commence only after the City's review and approval. Comcast will complete the upgrade for both areas no 19 later than 60 months after approval. Institutional network services: Comcast has agreed to interconnect 44 police and fire department locations in Areas III and IV using fiber and coaxial cable to provide data exchange capability at a minimum speed of 56 kilobytes per second. Additionally, Comcast will provide basic 60 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS data change serve among connected locations at no 3 cost to the City. Comcast has also agreed to construct and maintain at Comcast's expense a fiberoptic telecommunications network consisting of one bidirectional video channel with transmission capacity equivalent to seven T1 lines between the municipal prison complex in North Philadelphia and Comcast Wayne Avenue head-end. Signal transmission from the prison's complex to the headend will be at no cost to the City. The cost for signal transmission from the headend to locations outside the franchise area will be the City's responsibility. The fiberoptic network will be used for video arraignments and other City-determined uses. Publish educational government access: Comcast has agreed to renew commitments to publish educational and governmental access programming, however, Comcast has requested revision of specific provisions of educational and governmental access.

Mr. James

Regarding public access, Comcast has agreed to roll forward on the same terms provided in the current franchise agreements its commitment to fund equipment and capital facilities for publish access 61 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS and its commitment to forward annual operating funds to the public access corporation upon City request. 4 million dollars total for Areas III and IV. Annual obligation deductible from franchise fees paid to the City totals 150,000 to $250,000 as directed by Council. Five public access channels currently on loan to Comcast remain returnable to the City upon demand pending implementation of a public access corporation. Educational access, local universities: Three channels will continue to be available for educational programming by local colleges and universities. The school district: Two channels will continue to be available for Philadelphia School District for distribution of educational programming. The City will exchange one analog channel presently used by the school district upon Comcast provision of a digital closed circuit channel for school district use. Comcast will ensure implementation of cable in the classroom programming throughout the City's public schools within the Comcast service area. Additionally, 62 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Comcast will make a lump sum grant to the Philadelphia School District of $500,000, $250,000 each for Areas III and IV for use by the District at its discretion to fund video programming and the communications needs of the schools. Upon my request as the Commissioner of Public Property and once cable modem service is available in the franchise areas, Comcast will equip each publish and private K through school within Area III and Area 11 IV with one free cable modem. 12 Government access: Comcast has requested the use of one of the two government channels presently available, but will return the channel to the City upon demand following completion of the upgrade. The City will continue to use one government access channel for City broadcast activities. Local origination programming: Comcast has agreed to continue its commitment to Comcast each week a combined minimum of 112 hours of programming originating locally and to continue to operate and maintain production facility and staffing necessary to fulfill this commitment, MBE, WBE commitments. 63 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Throughout the renewal term, Comcast has agreed to comply with minority-owned and women-owned business enterprize participation and employment goals and which will meet participation levels established by the City. Comcast has agreed to increase its contribution to the Philadelphia Commercial Development Corporation to underwrite low-cost small business loans to certified local minority and women-owned enterprises. Equal Employment Opportunity commitments: Comcast agrees to comply with all applicable federal, state local requirements related to minority female and other special group employment, training and promotional opportunities. Comcast is committed to make available 30 percent of all jobs within Comcast Cablevision of Philadelphia to minority employees and percent of all the jobs 20 within the company will be allocated to woman. Customer service standards: Comcast agrees to adhere to the National Cable Television Association and Federal Communications Commission customer service standards and requirements. Comcast specifically adopts the NCTA long-time 64 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS guarantee which provides for free standard installation if a technician does not arrive within a four-hour appointment window and a $20 credit if a technician does not arrive for service within the four-hour window.

Mr. James

Billing: Comcast agrees to freeze rates for its basic T or B1 programming service through March 1999 and agrees to preclude negative option billing, a procedure where the failure to object to a billing term resulted in a customer being billed for a service or item. In conclusion, the terms to which Comcast is committed is acceptable to the Department. And we're available to answer any questions you may have. THE CHAIRLADY: Thank you. Mr. Rizzo.

Councilman Rizzo

Commissioner, I just have a question in reference to publish access. My question is about our government channel. I got numerous telephone calls today about this hearing, and people wanted to participate in it by watching at home, they couldn't get here. Commissioner, we need to do something about making that channel have 65 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS more access to it. We telecast Council sessions, key hearings. Around here, people that want to participate, want to learn, can't. What can you do to fix that. I constantly hear there's not enough people, at least the audio. What can we do about that?

Mr. James

Councilman Rizzo, we appreciate the question you raised about the use of our governmental channel, and we are working very hard to increase the services that we provide on that channel. We have made an arrangement for this hearing to be broadcast.

Councilman Rizzo

When I asked the question about an hour ago.

Mr. James

We are broadcasting this session. What we have done over the last six months is worked very hard to improve the equipment that we're currently using in our government access channels as we improve the type of information that we put out there and increase the amount of information we get from the department.

Councilman Rizzo

My point being is that we can't even talk about public access until we have public access of our own channel. 66 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS

Councilman Rizzo

Thank you. THE CHAIRLADY: I'm not sure I understood the answer. Was your question whether we use the government channel to the maximum?

Councilman Rizzo

My point is today these hearings, significant hearings from early this morning to this moment, were not available to the citizens of Philadelphia. THE CHAIRLADY: Mr. Costello, does that sound like an echo in this room to you? Didn't you and I have that discussion about 9:30 or 10 o'clock this morning.

Mr. Vincent Costello

Yes, ma'am. And we did subsequently decide -- or not decide but really scramble around and find some personnel to actually operate the channel today. THE CHAIRLADY: And you forgot to tell me?

Mr. Costello

I did. I'm sorry, I apologize. THE CHAIRLADY: Lowell is reminding me that you need to tell your name to the stenographer.

Mr. Costello

Vincent Costello, the 67 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Department of Public Property. We have been given the green light recently to bring some additional personnel, not necessarily dedicated to running the government access channel, but personnel who can be flip-flopped into different assignments and hopefully get a little bit more flexibility than we have right now. I think better days are coming and we will have the opportunity shortly to do more of the broadcast of the Council, different Council hearings as opposed to the normal Thursday hearings that we traditionally carry. THE CHAIRLADY: Mr. Costello, is there a short answer? Let me try it this way: Are you committed to televising on the government channel significant City Council hearings?

Mr. Costello

Are we committed, Councilwoman, yes. THE CHAIRLADY: And will you perform regularly and in a workman-like manner?

Mr. Costello

I believe the answer is also yes. THE CHAIRLADY: I was fine until you said "I believe." I need an unconditional promise. 68 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS

Mr. Perez

We will do that, Councilwoman. THE CHAIRLADY: Thank you, Commissioner. How do you feel about that, Deputy Commissioner James?

Mr. James

I too affirm what the Commissioner has just said. THE CHAIRLADY: So we're going to have our hearings what?

Mr. James

Televised. THE CHAIRLADY: Televised. Thank you very much. First let me have Councilwoman Miller and then Councilman Nutter.

Councilwoman Miller

Thank you, Madam Chair. When you talk about the EEO requirements, can you further explain whether the 20 percent female is 20 percent of a hundred percent of your employees, or is that 20 percent included in 30 percent of minority.

Mr. Perez

We'll ask a Comcast representative to step forward. THE CHAIRLADY: Will you join us at the 69 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS table, representatives of Comcast?

Mr. Ed Pardini

Good afternoon. THE CHAIRLADY: Good afternoon, sir.

Mr. Pardini

My name is Ed Pardini. I'm the vice president and general manager of Comcast Cable. THE CHAIRLADY: Just spell your last name.

Mr. Pardini

P-a-r-d-i-n-i. THE CHAIRLADY: Please proceed with your testimony. Did you hear and understand the question that Councilwoman Miller asked.

Mr. Pardini

Yes, and I'm very happy to report that Comcast is committed to supply 30 percent of all jobs, 100 percent of all jobs to minorities; and percent of all jobs, 20 percent 18 of the 100 percent to women. 19 THE CHAIRLADY: Is your question whether 20 minority women are counted --

Councilwoman Miller

Counted in the 30. THE CHAIRLADY: Are they two-fors?

Councilwoman Miller

Do you count them twice? 70 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS

Mr. Pardini

Under FCC Report 395A which we're required to file for all EEO hiring, a minority female would be counted in both columns. I'm very happy to report that Comcast is well in excess of both requirements with a total employment of 47 percent woman and 45 percent minorities in our current work force.

Councilwoman Miller

How large is your work force?

Mr. Pardini

Currently we employ in excess of 375 employees.

Councilwoman Miller

So it's 45 percent of the 375?

Councilwoman Miller

Thank you. Thank you, Madam Chair. THE CHAIRLADY: Mr. Nutter.

Councilman Nutter

Thank you, Madam Chair. Mr. Pardini, I actually planned the ask the government representatives this question, but it's actually in your document so I'll ask you the question. This is in your executive summary number 5, public educational and government access. You 71 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS make mention of the City will loan one of its two government access channels to Comcast pending completion of the system upgrade. Can you explain why?

Mr. Pardini

What we will do is once our system is upgraded, and I'd be happy to go through a presentation in a little bit to explain that upgrade, but upon completion of that upgrade we expect to have significantly more channel capacity such that at some point in time we will have additional channels that to loan it to City's access channel, one of the two, would no longer be necessary.

Councilman Nutter

I'm sorry, I don't understand that.

Mr. Pardini

Currently, when we complete our upgrade, we will be able to offer several hundred channels to residents of this City. At that point, we would be able to return the loan back to the City or at any point during the upgrade upon 60 days notice by the Commissioner.

Councilman Nutter

I guess what I'm trying to understand is why does the City need loan you one of our two government access channels? 72 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS

Mr. Pardini

Well, currently on channel 63 and 64 the programming is redundant, it's the same programming on both channels. In order to provide greater programming and more flexibility for our customers, we thought that we would borrow one of those channels until such time as we complete the upgrade and have extended channel capacity.

Councilman Nutter

Well, what would you do with it.

Mr. Pardini

We might be able to offer additional programming opportunities. I can't speak to what specific channel would be added, it would all depend upon market research at the time.

Councilman Nutter

Well, if the earlier discussion -- I'd like to talk about the broadcast of our various sessions or hearings, but if the earlier discussion carries forward, there will be more broadcasts. I believe the current broadcast is on channel 64, and usually, at least on the system I'm familiar with, there is a rolling screen of all kinds of activities on 63. Now, maybe that are going on on 63 and 64. I don't get much of a chance to watch them. But if there's more activity going on on 64, don't you need to kept 63 for whatever is 73 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS on there right now.

Mr. Pardini

The programming on 63 and 64 is identical right now.

Councilman Nutter

I heard what you said.

Mr. Pardini

It is the same scrolling bulletin board.

Councilman Nutter

I understand that. If you take one of the channels away, and then there's more broadcasts of City Council sessions or public hearings, then whatever is on there even in a duplicated fashion, there's only one channel then whatever you were watching on the other channel before, you won't be able to see anymore.

Mr. Pardini

And towards that end, our representatives will be happy to work with the Department of Telecommunications to take those scrolling notices and include them on our own community bulletin board on channel 66. THE CHAIRLADY: Or on 60 days notice to give us back the channel that we loaned to you.

Mr. Pardini

Absolutely.

Councilman Nutter

That part's not mentioned in your executive summary. 74 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS With regard to the issue of the broadcasts of the various sessions, I do want to say on behalf the Public Property that to the best of my knowledge and anytime that the Department has been asked to broadcast anything outside of regular City Council sessions on Thursday and all of our budget hearings, to the best of my knowledge, the Department has always cooperated. The Department, again, to the best of my knowledge, is not set up for a regular maintenance of watching the affairs of City Council. This is not C-Span. And so we need to make a decision in conjunction with the Department of Public Property do we want to set up an actual unit. It's a financial issue more than anything else. It's not a non-compliance issue, it's not a lack of interest issue or a lack of will, it's a lack of personnel that Public Property suffers from. THE CHAIRLADY: In that regard, Mr. Costello, and I had that discussion today and we've talked about his perhaps needing an additional three persons to provide the kind of service that we believe the Council's deliberations warrant. And I have said to him that we will enter into a series of 75 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS negotiations toward the end of providing permanent staffing so that you don't have a mad scramble each time Council has to have its hearings broadcast. Of course, you have already demonstrated the capacity, the willingness to do the Council meetings. We now recognize that we are expanding and extending the charter and that there would be additional charge involved.

Councilman Nutter

Mr. Pardini, with regard to the previous paragraph in the executive summary, you state the Comcast will roll forward the obligations for public access as outlined in the existing franchise allocation of five channels for public access use and a total 1.35 million for public access facilities and equipment. To the best of my knowledge, the only expenditures from that fund, and I assume this was done by Comcast and the other two providers in Philadelphia, is actually the equipment that has now been the subject of much discussion. Our broadcast facility's right here in the Council chambers. Is that your understanding?

Mr. Pardini

No, sir. The funding for the equipment on the government access channel comes 76 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS out of a fund established in 1986 with the original franchises where approximately either three or $400,000 was set aside along with replacement equipment costs specifically for the government access channels.

Councilman Nutter

Now, is your testimony that 1.35 million dollars for public access facilities and equipment which was put in place at the time, I guess, of the original franchise consummation, that those dollars are still available and that you're just going to continue that same commitment?

Mr. Pardini

Those dollars have been set aside, they are funded, they will be ready when the City decides to move forward.

Councilman Nutter

Do you have any history on how that figure was arrived at?

Mr. Pardini

Unfortunately, I don't. It was a matter of negotiation with the original negotiations agreements. We are reaffirming our commitments for that funding in its full amount:

Councilman Nutter

Only from a perspective of I guess whatever 1.3 million may have gotten you back then what it may -- I'm getting 77 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS ready to get the hook. THE CHAIRLADY: Excuse me one minute. Mr. Nutter, would you forgive us for this interruption and permit the President to recess the Committee of the Whole to a date and time certain?

Councilman Nutter

Absolutely.

Council President Street

Thank you very much. I apologize for this interruption and I apologize for the delay in reconvening the Council of the Whole. As most people can tell who are here, this is a very important hearing. The Council Committee of the Whole will be in session for probably several hours after this committee hearing. Councilwoman Clark assures me that this Committee hearing will be over by not later than 7 o'clock probably. So the Council Committee of the Whole will stand in recess until 7 o'clock p.m., which is approximately an hour. Thank you very much. THE CHAIRLADY: Thank you. The Chair now recognizes Mr. Nutter.

Councilman Nutter

Thank you, Madam Chair. Mr. Pardini, we were talking about the 1.35 million. And I guess it's being put in place ten or 78 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS so years ago whatever we could have gotten for that back then is a lot different than what we'd be able to get for it now. Was there any discussion about an increase in that amount given the additional interest in public access, the wide variety of -- even if you do get up to 250 channels, there still might be one other thing that somebody might want to look at and given your presence in our marketplace, 55 percent share, good corporate citizenship and all of that, has there been any discussion about increasing that amount?

Mr. Pardini

Your question is an incisive one. There was much thought and discussion given to the topic reaffirming our commitment. What we found was that the purchasing power of video equipment has in fact gone up significantly such that the equipment that was contemplated to be purchased in 1987 like computer prices today has actually dropped. We could recently in 1994 we supplied the government access channel with equipment. The prices on that same equipment now are some 13 percent less than they were in 1994. So we feel by reviewing a 1986 or '87 video catalog, 79 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS what we've been able to show is that in fact there will be an percent increase in the capacity of 4 the equipment compared -- since it was bought today 5 compared to having been purchased then with the same 6 amount of funding the Public Access Corporation 7 would be able to purchase significantly more 8 production capability than it would have ten years 9 ago. 10

Councilman Nutter

And just for the 11 record while you're here, the process that we're going through, and please don't give us the long drawn out version of it. Comcast, as is its right, it's my understanding that there are two methods of cable franchise renewal according the FCC guidelines. There is a formal process and an informal process. You've chosen to go the informal process route, is that my understand?

Mr. Pardini

You're correct, sir.

Councilman Nutter

And according to that process there is a minimum requirement of n one public hearing?

Mr. Pardini

Yes, sir.

Councilman Nutter

And for your purposes and on behalf of the Department of Public 80 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Property, this is that one public meeting?

Mr. Pardini

Yes. And in addition to the efforts of the law department, Comcast has helped to publicize this meeting by airing notice of this meeting for five days in the past week between 7:00 and 9:00 p.m. on our channel 66 local origination.

Councilman Nutter

Can you get us a copy through the Chair -- you make reference to customer service standards to comply with NCTA, which I do not what that is, and FCC, and I do know what that is, customer service standards. Could you supply that information to us?

Mr. Pardini

I'll be happy to supply our information on our compliance with that. That's the National Cable Television Association standards. They are standards with respect to how quickly we answer our phones, how fast we respond to requests for installation and service, how we do on resolving outages as quickly as possible.

Councilman Nutter

Lastly, on your point number 12, basic tier rate freeze. What type of programming or what level of programming is on your basic tier level of service? 81 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS

Mr. Pardini

This tier is called our limited basic tier. It's $10.07 per month currently and it includes channels which includes crystal 5 clear reception of off air and tennis signals like 6 3, 6, and 10 and others as well as all the access 7 channels are on this tier as well. 8

Councilman Nutter

When you say 9 access channels -- 10

Mr. Pardini

Government access, 11 educational access, Comcast channel 66 is on there 12 and public access would be on there as well if the 13 City were to move forward on that. 14

Councilman Nutter

And how did you -- 15 and it's certainly a nice thing. How did you decide 16 on the rate freeze to March 1999, is that about a 17 nine-month time period? 18

Mr. Pardini

Nine months from the point 19 of now yes. We have not increased this rate since 20 late 1997. This rate is a rate which is regulated 21 by the FCC. And normally we would be allowed to 22 increase this pending their formulas for 23 inflationary increases. We're foregoing that 24 through March of 1999. 25

Councilman Nutter

Was there any 82 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS discussion about lengthening the rate freeze, or was that subject to negotiation or you just decided that as part of your package?

Mr. Pardini

It was a subject of much discussion, and we felt that March of 1999 was as good as we could go through at this point in time.

Councilman Nutter

Thank you, Madam Chair. THE CHAIRLADY: May I just clarify one point that Michael raised, Councilwoman Miller, before I go to you? With respect to the notice, clarify the notice requirements. There were two notices of this hearing published in local newspapers, one ten days in advance to comply with FCC regulations, and one five days in advance to comply with the City Council normal notice requirements. Is that correct?

Mr. Pardini

Yes. THE CHAIRLADY: And in addition to that, you ran it on your channel?

Mr. Pardini

Yes. THE CHAIRLADY: Thank you. Councilwoman Miller.

Councilwoman Miller

Thank you, Madam 83 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Chair. I want to follow-up on a question regarding the basic service and the freeze. The real expense is not the basic, it's with the premium channels, and I'd like to know is there anything you can do to hold the cost on the premium or Pay-Per-View? And a second question is when you expand to 250 channels, what will basic look like? If basic has channels now, what will the estimated 12 cost be? 13

Mr. Pardini

Thank you for the 14 opportunity to clear some of those things up. 15 Comcast has worked long and hard to provide 16 affordable programming options for all of its 17 customers. In addition to a 26-channel limited 18 basic tier, our full basic package consists of in 19 excess of 75 channels. Our limited basic tier is 26 20 channels, no converter is required. It is designed 21 to be the most affordable service for residents of 22 this City. 23 THE CHAIRLADY: But, Mr. Pardini, her 24 question is what will that most basic tier look 25 like. 84 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS

Mr. Pardini

We anticipate keeping our basic packages between 75 and 80 channels. The channels up to 250 that we have contemplated or calculated based on the frequencies we will expand to will largely be optional, and based upon the desire of the customer to subscribe to additional services. It is not Comcast's intention in any way to force additional programming down to its customers.

Councilwoman Miller

So then the cost will pretty much be the same because they can still get basic channels and then take the option to 14 get an increase. 15

Mr. Pardini

Yes. All of our basic 16 rates, the limited basic rate and the preferred 17 basic rate for the 75 channels are regulated under 18 FCC regulations. 19

Councilwoman Miller

Who controls the 20 cost of Pay-Per-View or premium channels? 21

Mr. Pardini

That is solely a pricing 22 decision made by Comcast. One of the things that we 23 were most proud of is that with the advent of 24 Comcast Sports Network, we were able save many 25 customers the expense $14.99 a month for Prism just 85 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS to get the Phillies and the Flyers and the 76ers just by taking Comcast Sports Net and putting that on basic, we made accessibility to the local sports team in what is a crazy sports town accessible to everybody.

Councilwoman Miller

I have a couple more questions. THE CHAIRLADY: Please proceed.

Councilwoman Miller

On of your appendix or contract or whatever, there is a provision in there talking about the trimming of trees.

Councilwoman Miller

Now, it just doesn't seem to me that it's going to work out all that well because unless you discuss -- and I guess that's my question. Have you talked to the Fairmount Park Commission for putting together a time frame from when you request tree trimming until when it's done, because right now that's a long, slow process.

Mr. Pardini

I agree with you. Let me put your mind at ease with respect to tree trimming. On an ongoing basis Comcast does not engage in any 86 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS regular tree trimming program. We rent our space, our wires rent space on the poles owned by either PECO or Bell Atlantic. It is their program to do any necessary tree trimming that may go on an ongoing case basis. Comcast does not engage in that. The only time that we would get involved in a tree trimming would be if there were a particular installation on private property and we would be dealing with the property owner on that.

Councilwoman Miller

So really PECO and the City will do the actual trimming, you will just make the request?

Mr. Pardini

Exactly.

Councilwoman Miller

Well then that's my question. Around the request, from the time it's made to the time it's completed, what kind of impact will that have on service if it's not done in a timely fashion?

Mr. Pardini

I'm very lucky to be supported by a number of innovative engineers who've been known to get around more than one technical problem, so there should be absolutely no impact on service.

Councilwoman Miller

Okay, that's it. 87 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Thank you. THE CHAIRLADY: Thank you very much. Let's talk about MBE, WBE. Have you set goals for each of the areas that comprise your service area?

Mr. Pardini

Our proposal sets forth goals for both areas. Our capital spending and operating expenditures now at this point are consolidated for both areas. Our goals of 38 percent of capital expenditures for minority business enterprises, 10 percent for women business enterprises, and we've also set goals on an ongoing basis out of our operating expenses of 22 percent for MBE's, I believe, and 10 percent for women-owned enterprises -- 32 and 10, I'm sorry. THE CHAIRLADY: Now I'm confused. What is it?

Mr. Pardini

It is 32 percent of operating expenditures for minority business enterprises and 10 percent of operating expenditures on a going-forward basis to women owned certified enterprises. THE CHAIRLADY: So it's 32, not 38.

Mr. Pardini

It is 38 on capital 88 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS expenditures. THE CHAIRLADY: On capital. And on operating it's 32 and 10, 32 percent for minorities and percent for woman? 6

Mr. Pardini

Yes, on operating 7 expenditures. 8 THE CHAIRLADY: On operating? 9

Mr. Pardini

32.5. 10 THE CHAIRLADY: 32.5, all right. I want to talk about the revolving loan fund, the PCDC loan fund for small business. Would you tell us something of its history and how it operates.

Mr. Pardini

Sure. The Comcast loan fund operated by PCDC is one of our best success stories. It began with the $250,000 grant. The funds that have been generated now total on its most recent reporting over 3.4 million dollars has been loaned out to minority and women owned certified enterprises in the City of Philadelphia. Under our proposal, and thanks to your great help, we've been able to expand that program and increase it to $500,000, an amount of $250,000 per area. 89 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS THE CHAIRLADY: Now, you say that through rolling over and paybacks you have been able to lend out the equivalent of 3.4 million dollars. What's been your experience, though, have you had a lot of trouble with defaults, and what has been your experience? How many people have you loaned to?

Mr. Pardini

James Jackson, the executive director of PCDC is here and perhaps in his testimony he can speak more authoritatively as to the number of loans that have been generated. I am aware that it is an extremely successful loan fund with a default rate below 2 percent, about 1.6 percent. Only one of the loans has ever defaulted on this. You have to recognize that these MBE and WBE firms often times this is their first loan. These are for people starting new businesses. It's not just for cable activities. It's been expanded for any business operating under a government contract here, and often times this is their first source of financing. The delinquency rate has been minimal. THE CHAIRLADY: Fine. Are you going to tell us about --

Mr. Pardini

Actually, I would like to 90 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS tell you about a lot of things. I have a short presentation that I can -- THE CHAIRLADY: Well, why don't you do that and you may give me with the pictures and I won't have to have so many words.

Mr. Pardini

Okay. Gentlemen, if we can fire up. THE CHAIRLADY: Ladies and gentlemen, if any of you are here for the L & I that was recessed until 6 o'clock, please be patient. Between the end of this meeting and the beginning of the Committee of the Whole, we will reconvene L & I for purposes of reporting back to you. So keep the faith, we're going to get to you.

Mr. Pardini

On behalf of Comcast of Philadelphia, I'd like to take a few minutes here. This is about a 15-minute presentation. We'll run through it quickly. It will go through the points and it includes a short video on some of our local programming efforts. Joining me today is Stephanie Lowe, our Director of Community and Government Relations; Cilio DeCosta, our Director of Engineering; and Doug Gaston, our Deputy General Counsel. As I mentioned 91 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS before, I'm Ed Pardini, Vice President and General Manager. Comcast has a long association with both Philadelphia and a large presence in the Delaware Valley. Our corporate headquarters is directly across the street at 1500 Market Street and we employ over 1200 full-time employees in the Delaware Valley. This is also -- we employ 1600 part-time, 1600 part-timers employed basically through CoreStates Center. And beyond just the cable division, there is an entire Comcast family of companies operating under the Comcast Corporation here in the Delaware Valley. This includes QVC, our cellular operations, E Entertainment Television, and of course the brand names, Flyers, 76ers, as well as the Phantoms, and our newest member of our corporate family, Comcast Sports Net. Comcast has been a long-time supporter of our neighborhood community. We've been operated with Philly Cares wherein the Comcast employees have renovated public schools and painted. Town watch groups receive over 500 free cellular phones. We've adopted the Powell Center for renovations and volunteering. And we've extensively worked with 92 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Habitat for Humanity on fund raising campaigns. In the educational community, Comcast is involved intimately with cable in the classroom where over 500 hours of programming monthly are made available to teachers along with material to help them with their lesson plans. Our 76ers, Flyers and Phantoms all have school programs where athletes go and stress the importance of staying in school. Scholarships: Comcast corporation donates tens of thousands of dollars each year through the United Negro College Fund, the Police Athletic League, and now the Center for Performing Arts High School, our first recipient on Monday, it's graduation actually. Contributions in the community have been numerous to community groups. In the arts, our chairman Mr. Roberts has donated over $100,000 towards the Media Center at the High School for Performing Arts. We've been a long-time Arts and Business Council sponsor, and our sponsorships for the American Music Theater Festival World Cinema, the Big Picture Alliance, and Freedom Theater have been many and varied. These are just a few of some of our 93 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS employees. I'd also to take the time to introduce to you Barbara Edwards, our Director of Customer Service; Sheryl Williams, our area business manager; and Wayne Tuttle, our area marketing director at our Philadelphia system. 8 million dollars per year in franchise fees which go to the general fund for the City's use for fire, police, and other municipal services. 8 million dollars per year. This generates over a half million dollars a year in payroll taxes to the City and $750,000 in other taxes, business privilege, real estate and the like. Comcast of Philadelphia has 171,000 customers in its Area III and Area IV franchises out of 320,000 homes or roughly 53 percent of the market. We have 1400 miles of miles of plant and we offer 87 channels, seven premium services and three Pay-Per-View channels. Our commitment to education under this proposal is significant. We will make a lump sum payment of $500,000 to the school district. We will be supplying in every school a free cable modem to 94 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS give free internet access to the children.

Mr. Pardini

Our cable in the classroom program continues and we will also be providing all the necessary digital equipment and dedicated digital channel upon completion of our upgrade. Our EEO and MBE commitments are significant. We've talked about our hiring commitments. We've also discussed the half million dollars Comcast loan fund. Our MBE and capital operating requirements are spelled out. And under public access, Comcast reaffirms its existing commitments for funding and channels as outlined under existing public access agreements with the City. I'd like to take this opportunity now to show you a short video on some of Comcast's local programming. )

Mr. Pardini

Comcast provides over 150 hours a week of local affairs programming. If we can switch back to the PC, I'd like to talk for a moment about the system upgrade and tell you about their activities there for just two minutes. 95 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Our upgrade involves the placement of fiberoptic facilities throughout the City. We'll begin by designing a fiberoptic ring that will extend out towards our facilities both in Chestnut Hill, Kensington and on to -- the design of this is such that if our ring is broken at any point in time, the signal would be fed from another area. This makes our system far more reliable. In upgrading the system, we're talking about upgrading 750 megahertz, it's a five-year program with 12 million dollars involved. Currently about 20 13 percent of our system has 750 megahertz capability. 14 Over the next five years, because of our fiberoptic 15 backbone, we will be able to upgrade our system in 16 all areas of the City regardless of any kind of 17 structural, socio or economic backgrounds. Over the 18 five-year period we'll work in all areas until we're 19 done. These services will include digital TV, as a 20 result of this, improved picture quality, added 21 channel capacity, increased reliability, and finally the availability of internet access to all residents of Areas III and IV. Also included in our proposal is a $700,000 ATM network for police and fire. All 44 96 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS police and fire locations in the City will be wired for data transportation.

Councilman Nutter

Mr. Pardini, I'm sorry, what do you mean by ATM network?

Mr. Pardini

It does not mean that we will give you a card and you can take $700,000 out of our ATM.

Councilman Rizzo

As long as there's no 10 access fee.

Mr. Pardini

In technical jargon it's an asynchronistic transfer mode network. What it means is a method transporting data from point to point. We'll be able to supply all kinds of transportation opportunities for emergency services.

Councilman Nutter

So that's not to be confused with what most people know as an ATM network, which is money access machines?

Mr. Pardini

Absolutely. It's completely different. THE CHAIRLADY: Isn't it more often thought of as IDD?

Mr. Pardini

I have not heard the term IDD. I'll pass on that one. THE CHAIRLADY: No extraneous acronyms, 97 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS I take it back.

Mr. Pardini

It's probably the one that hasn't been taken yet. One of the most cost saving features to the City is our proposal for a bidirectional video network for the prisons. What this means is that from the prison complex in Northeast Philadelphia we'll connect the fiberoptic cable wires to our Wayne Avenue headend and then down here the City will take it from on Wayne Avenue facility to the Justice Center. This will allow for video arraignments and considerable cost savings to the City. To review, our comments: An upgraded system to 750 megahertz, the police and fire Inet, the bidirectional video for the prison, we're reaffirming all our out programming and funding commitments for public access, a limited basic rate freeze through March of 1999, increased loans available for the PCDC, and MBE, WBE spending. In a reaffirmation of the three R's, now to become the four R's, reading, writing, 'rithmatic and renewals, we'll be paying $500,000 to the school district cable modems and digital channels all for the school 98 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS district. On behalf of Comcast Corporation, I want to thank you for your time today. Any questions? THE CHAIRLADY: Thank you. We apologize for rushing you through that presentation, but this has been such a jam-packed two or three days with two or three more to come. Let me ask you if you can briefly outline for us the material differences between the proposed renewal agreements and the original agreements? Just those that are material, sir.

Mr. Pardini

I think probably the material changes in terms would have to do with the loan of the government access channel, the reaffirming the three existing college channels. There was a fourth at one point, Temple was programming, that is no longer contemplated in this agreement. The prison network is something that we've never done and will be a first in this area. Those are by and large the differences. Most everything that was in that original agreement has been reaffirmed and carried forward. THE CHAIRLADY: Questions? 99 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS

Councilman Nutter

Yes. Thank you, Madam Chair. Mr. Pardini, is there any cost associated with this bidirectional network video for the prisons?

Mr. Pardini

Not to the City, no. The entire network is maintained and operated, constructed by Comcast for the City.

Councilman Nutter

And you also make in your $500,000 -- did you say a one-time cash grant?

Mr. Pardini

Grant to the school district to be used for their communication needs as they see fit.

Councilman Nutter

Plus modems. And what is digital -- digital what?

Mr. Pardini

One of their two educational access channels will become a closed digital channel. In essence, digital TV on a closed circuit basis for the school district to use for educational programming. This would be programming that they would be able to offer in every classroom. Virtually every classroom in the middle schools and high schools has been wired for cable at this point in time over the last ten years. Now, what this 100 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS will do is give them a closed circuit digital channel for educational distance learning applications. THE CHAIRLADY: How does the school district feel about it?

Mr. Pardini

I think from the testimony you may hear today, you'll find that they're very happy about these advancements. THE CHAIRLADY: Thank you.

Councilman Nutter

When you upgrade your system to a digital network, is that also with the assumption that people will have a digital TV? Is this the high definition television, or is that a totally different issue?

Mr. Pardini

No, that's a different type of technology.

Councilman Nutter

Okay, then don't go into it. When we were talking about the public access earlier and the 1.35 million dollars, you were a making the argument that given the price drops over time that purchasing power may actually increase; does that analogy hold true for if you have a digital network, then I assume that public 101 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS access would have to operate in a digital access as well? Isn't that equipment fairly more expensive?

Mr. Pardini

No, actually they won't necessarily need to operate in a digital environment. Our commitment is for five analog channels, so the existing television production equipment that's available now would be totally compatible with our network.

Councilman Nutter

I thought you just said it was going to be analog.

Mr. Pardini

The five public access channels are going to be part of our basic service which are analog delivery system. The enhancements, the additional channel capacity comes through digitals. We will supply each customer with a box that can handle both analog and digital, via our customers will not need a special TV to do that.

Councilman Nutter

So depending on what kind of service you have determines whether you're on the analog system or the digital system?

Mr. Pardini

Yes. If you are a basic customer, a limited basic customer, you'll be receiving analog signals just as you are today.

Councilman Nutter

Why don't you just 102 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS have one total digital network.

Mr. Pardini

A lot of it has to do with the equipment that customers may or may not want in their homes. Some people do not necessarily want a converter in their home. By having a basic channel --

Councilman Nutter

Doesn't everybody have a converter in their home today?

Mr. Pardini

No. Our limited basic customers, of which there are approximately 6,000, do not require a converter. The wire goes right to the back of the TV.

Councilman Nutter

This is similar to some suburban systems?

Mr. Pardini

Very much so.

Councilman Nutter

The one thing I do have to put on the record, and maybe we didn't discuss this, although I think we may have some time ago. Part of your presentation, and maybe it's just because you feel it's a significant item for you, is when you put up the figures on what I guess you return to the City by way of the franchise fees which on its face would seem to be a great number and I'm sure of which you're very proud. The 103 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS reality, though, that that is not actually Comcast's money. Doesn't that actually come from the customers who have a franchise fee line item on their bill? They pay you the money, you transfer the money to us; that's not Comcast's money, that's the customers' money, right?

Mr. Pardini

It is collected by Comcast from its customers based on business that we conduct. So in similar to a sales tax or other tax based on the revenues that are generated, it is collected from the customer. It's not necessarily Comcast money; it's collected from our customers.

Councilman Nutter

I understand. But for the uninformed, the people that know the intricacies of the franchise arrangement, there's a 5 percent franchise fee that we're allowed to collect based on your revenues. You then pass that 5 percent tax, if you will, or assessment on to the customers so that every month on their bill there's a franchise fee. The customer pays the bill, you take the 5 percent, ship it to us, and a quarterly or annual payments. And but for all the other things that you are doing, and they are to your credit or they're coming directly from the company, 104 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS to say that you're turning over, what is it, four million dollars?

Mr. Pardini

In excess of that, about four and a half.

Councilman Nutter

They're not the actual revenues of Comcast as if you are making some contribution to the City of Philadelphia; you are returning the money that you collected from the customers on franchise fee, right?

Mr. Pardini

That is correct. To put a historical perspective when the franchise was first awarded, the franchise fee was built into the company's rates. It was in 1993 when the FCC issued its rate regulations that cable operators were -- cable operators delineated the franchise fee on the customer's bill.

Councilman Nutter

Certainly has also come as a result of numerous complaints from customers who couldn't figure out what their bill is about or why they were being charged for different things being on the same system in their house when they had two or three TV's. You unbundled the bills and as a result of that, the franchise fee sat as a separate item so people could see what was going on. 105 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS

Councilman Nutter

Thank you. Thank you, Madam Chair. THE CHAIRLADY: Thank you.

Councilwoman Miller

Madam Chair, I have a couple questions. THE CHAIRLADY: Councilwoman Miller.

Councilwoman Miller

I have a question. Will one modem allow various classrooms to get the internet?

Mr. Pardini

One modem has a capability of operating up to about eight or ten PC's. Its best application in a classroom setting would be in a school's computer lab. We have several that are up and running right now at Father Judge High School and at George Washington High School.

Councilwoman Miller

Also, it says PCDC administers loan fund. What is the maximum amount of loan a business could get? Are you involved in that in any way?

Mr. Pardini

No involvement in who gets a loan or how much. We simply provide the money.

Councilwoman Miller

Okay, good. THE CHAIRLADY: Then who does? 106 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS

Councilwoman Miller

PCDC administers the whole thing. I need to know because I see all the signs in back that says "Public access television now." Weren't we just talking about public access? I guess I don't understand the issue. THE CHAIRLADY: The commitment in the renewal application is to retain the same public access responsibility as you had in the beginning. It is neither larger nor smaller, is that correct?

Mr. Pardini

That is absolutely true.

Councilman Rizzo

But isn't it so, though, I think we need to be clear what we're talking about. Government access, public access, you have five public access channels that are not on the air because there's no studios that have been built and there's no City operating funds to make it work? Could you explain, because I thing that confused some folks here?

Mr. Pardini

Comcast simply provides the funding. The studio, the personnel, the operating budget is all approved when the public access corporation is incorporated by City Council. So Comcast will support whatever City Council's 107 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS decision is with respect to public access. Our obligation is to provide up to five public access channels.

Councilman Rizzo

But they are not today of this data available because government has not done their part of the deal?

Councilman Rizzo

I just want to make sure I understand. Thank you.

Councilwoman Miller

I have one last question regarding the digital services. Does that mean that in the future you'll be similar to a Prime Star or some of those other satellite disks, digital satellite disks?

Mr. Pardini

You're absolutely correct with your question. We will be competitive with the hundred channels that they are offering.

Councilwoman Miller

Thank you. I don't have anymore questions. THE CHAIRLADY: Thank you very much. As enticing as it would be to ask you many, many more questions, I have a short space of time and a long list of people who have signed up and who wish to be heard. So if all the Members of the Committee have 108 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS exhausted their questions, I'm going to ask this group if they will move aside so as to a permit another group of people to come and be heard on the subject of renewal of Comcast franchise agreement.

Mr. Pardini

Thank you for your time today. THE CHAIRLADY: Thank you very much for your presentation. I wish we could have seen it all. Some day we'll just stop by and look at it. Christina James Brown, Sergeant Dan Buckley, Ernie Burgos, Kathleen DeCrescio, and James I. Jackson, Jr., please join us. We're going to bungle you so as to get you on and get you off. Yes sir?

Mr. Butcher

My name is William Butcher and I'm not on that list and I called in. THE CHAIRLADY: Sir, I understand that. I didn't call all the people on the list, I called a few. You're on my list. Are none of the people I called here?

Ms. Stephanie Lowe

Councilwoman, I'm Stephanie Lowe from Comcast Cable, and Mr. Jackson is here from the Minority Business Enterprize Council. The others I believe had to leave early, 109 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS but you have their written statements to be submitted for the record. THE CHAIRLADY: Fine. Thank you very much. THE CHAIRLADY: Mr. Jackson is here. How about Raymond Schwiegel? Elliot Shelkrot?

Ms. Lowe

Councilwoman, neither of them are here either, but we do have some others who you haven't called yet who are here. THE CHAIRLADY: Please proceed with your testimony. Good afternoon.

Mr. James Jackson

Good afternoon, Councilwoman Clark and Councilmembers. My name James Jackson. I am the Executive Vice President of the Philadelphia Commercial Development Corporation, not IMBAC. I want to make that very clear. THE CHAIRLADY: Who are you?

Mr. Jackson

Executive Vice President with the Philadelphia Commercial Development Corporation. THE CHAIRLADY: PCDC?

Mr. Jackson

Yes, ma'am. THE CHAIRLADY: And if we had questions with respect to how the Comcast Small Business Loan 110 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Fund were administered, you would be the person to whom we should direct those questions, correct?

Mr. Jackson

That is correct. THE CHAIRLADY: Please proceed with your testimony, and we will have some questions, I believe.

Mr. Jackson

Thank you. I am here today to provide testimony on behalf of Comcast Cablevision to demonstrate its support of the minority business community and Philadelphia by way of the Comcast Loan Fund. In June of 1987, Comcast Cablevision of Philadelphia established the Comcast Loan Fund at PCDC with a $250,000 grant for the purpose of providing loans to minority and women owned businesses on their contracts with Philadelphia's major cable franchises. Later the fund scope was expanded to allow financing of City or other public contracts or subcontracts. Under the fund agreement, PCDC performs outreach activities and advertises the fund, interviews perspective applicants, performs credit evaluations, prepares loan approvals, secure loan approvals through the Comcast Loan Fund Committee, and closes services and 111 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS collects Comcast Loan Fund loans. PCDC also provides free business consulting for each of the fund borrowers on an ongoing basis. THE CHAIRLADY: Mr. Jackson, permit me to interrupt your testimony for one minute to do a housekeeping chore. Councilwoman Miller.

Councilwoman Miller

Thank you, Madam Chair. I must leave the Council chambers for a few minutes and I would like to be recorded as leaving my aye vote to suspend the rules for the first reading at the next Council session and for all amendments. Thank you. THE CHAIRLADY: Thank you so much. Thank you, sir. I apologize for the interruption.

Mr. Jackson

Not a problem. To qualify for financing and technical assistance, a firm must be certified by the City's Minority Business Enterprize Council as a minority woman or disabled owned business. The firm must have a contract or anticipate a contract award with a Philadelphia-based public entity such as the City, a City housing agency, the airport, the school 112 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS district, the Convention Center, SEPTA, or another City, State or Federal agency. The fund also finances subcontracts arising from public projects. In his 1991 Affirmative Action ruling pertaining to the Philadelphia Convention Center, Judge Bechtle warned that Public Authority should consider providing low-interest loans, instruction and technical assistance to minority and woman owned contractors as a part of their efforts to meet affirmative action goals. We are pleased to say that the Comcast Loan Fund successfully does all of this. Until recently, the Comcast Fund was the only loan pool in this City targeting revolving lines of credit to minority and woman owned contractors. The fund's success has been growing and loan requests far surpass the fund's current capital. With additional dollars, the fund will be able to meet the current backlog, will provide funding to new contractors, and will also be able to increase loan amounts to borrowers whose financing needs surpass the current loan limits. For the first 11 months of fiscal year 1998, a total of nine new Comcast loans were 113 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS approved in the aggregate amount of $395,000. As May 31, 1998, loans were outstanding with a 4 combined balance of $252,000 and loan packages for 5 three new applicants and four loan renewals were in 6 process. To date, a total of 76 loans surpassing 7 3.4 million have been approved by the Fund. Total 8 loan disbursements have amounted to 3.6 million with 9 nearly $700,000 or 20 percent of this fiscal year. 10 And just in summary, Comcast Cablevision 11 have demonstrated strong support of minority 12 businesses through the Comcast Loan Fund. Without 13 this fund, some of the firms served would have gone 14 out of business, others would not have been able to 15 achieve growth or demonstrate their potential. 16 Due to the Comcast Cablevision's support, a favorable vote with regard to their franchise extension is requested and recommended. THE CHAIRLADY: Thank you, sir. Are you going to provide us with your text so that we may put it in the record?

Mr. Jackson

I have copies here, Madam Chair. THE CHAIRLADY: Thank you. Does your text give any analysis of the 114 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS loans you have made by size, type, whether they're minority women or disabled?

Mr. Jackson

100 percent of our loans are to minority and women contractors. And the loan size, the largest loan -- again, we do a hundred percent of revolving credit loans and the maximum loan is $50,000. THE CHAIRLADY: The rules by which you administer the loan fund has set 50,000 as the maximum?

Mr. Jackson

Yes. THE CHAIRLADY: Now, have you kept separate statistics on which of your loans went to minorities and which went to woman? Can you tell that?

Mr. Jackson

Yes. That I can provide for you. THE CHAIRLADY: We'd be interested in that. Do you administer any other fund other than Comcast?

Mr. Jackson

At PCDC? THE CHAIRLADY: Yes, sir.

Mr. Jackson

Well, not that Comcast 115 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS funds. Through PCDC we do have three other loan programs. THE CHAIRLADY: And do they operate about the same way as Comcast?

Mr. Jackson

We have one other revolving loan program called the Housing Contractors Program that has a revolving loan program that lends up to a maximum of $125,000 and that lends to any contractor who is engaged in a housing-related contract. The other main loan program that we have is called the Small Business Revolving Loan Fund, and that is a term loan program with the highest dollar amount being a hundred thousand dollars. And there are other restrictions with that in that the dollars to the Small Business Revolving Loan fund are used, CDBD are used so there are other restrictions that apply. As Comcast's private dollars, some of the restrictions under CDBD do not apply. THE CHAIRLADY: What is the current interest rate charged on a Comcast loan?

Mr. Jackson

On the Comcast Loan Fund the interest rate is 5 percent, which is 116 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS significantly below the prime rate, which is 8 1/2, percent. And typically, this type of customer would borrow prime plus one or two percent. So we're 50 to 60 percent below a market rate, if you will. THE CHAIRLADY: Questions?

Councilman Nutter

No questions for the Chair. I need to put a question on the record for the government officials that were here earlier. THE CHAIRLADY: Wait a minute. Do you have questions of this witness?

Councilman Rizzo

I'm fine. THE CHAIRLADY: Thank you. Thank you very much, sir. I would appreciate you provide us with an analysis of the loans that you have made according to the categories that we've outlined.

Mr. Jackson

I will do that. THE CHAIRLADY: Thank you very much.

Mr. Jackson

You're welcome.

Councilman Nutter

Thank you, Madam Chair. For Commissioner Perez and the other Department of Public Property employees, I would like to get a written explanation as to what the problem is or has been and how you plan to solve it 117 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS in the future with regard to the public access corporation, what is the needed funding on the City side. I will say, Madam Chair, there is one element of discomfort in the current hearing with regard to public access in that it is a discussion that should take place in the context of all three cable franchises. We should have the public access up and running in all four areas or City-wide similar to what we did when the City system that was put into place such that our deliberations could be broadcast. All three of the companies participated in those discussions and we made sure that all citizens throughout the City could see whatever proceedings they might be interested in. So I would like to have a much clearer and better understanding of what the Department of Public Property and the City administration plan is for completing our part since it's obvious that the various cable companies did sometime ago their part. There have been changes in federal law that did impact what we do. What I'd like to know is what we plan to do coming out of these contract renewals. All three cable companies contracts are set to renew somewhere 118 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS within the next two to two and a half years. Thank you very much. (Applause.) THE CHAIRLADY: Thank you. Are you going to testify, ma'am? Please come to the table and give us your name. And while you're coming may I say that being put in the record as though set forth fully by their presence is the testimony of Christine James Brown, of Sergeant Daniel Buckley, of Ernie Burgos.

Ms. Marilyn Carraccio

I'm here for Mr. Burgos. THE CHAIRLADY: We'll hear his testimony now then.

Ms. Carraccio

Hi, my name is Marilyn Carraccio. I'm an Administrative Assistant to State Senator Shirley Kitchen. I have the honor today to testify on behalf of my coworker Mr. Ernie Burgos. He is also an Administrative Assistant to Senator Kitchen. THE CHAIRLADY: Excuse me. I'm going to ask you to go right in the microphone because we can't hear you.

Ms. Carraccio

Unfortunately, Ernie 119 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS today was in Harrisburg working on another project with the Senator, but my purpose here today is to inform you of a very important youth program that Comcast helps Ernie finance. His program is called the Youth Leadership Development Program. The purpose of his program is to develop and strengthen leadership skills by incorporating field trips and workshop presentations included in the regular academic schedule of the students. These activities enhance the leadership experience of the students by instilling in them a deeper knowledge of leadership and the skills required to be effective leaders and role models in their community. There are six workshop presentations over the course of the school year, in particular he tries to get Latino and African-American professionals to discuss topics that serve to expose the students to different issues and elements of the world around them. A series of six field trips also take place during the course of the program. They serve to provide the students with a bridge to understanding the historical, political, cultural and educational importance of their local community as well communities outside of their own. 120 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Each year Comcast Cablevision of Philadelphia has been the prime sponsor of the annual field trip to the to the State Capitol in Harrisburg. These visits to Harrisburg give our students the opportunity to meet with their State Senator and State Representative. They also get to see first hand how their state government works. Comcast has been a supporter of the Youth Leadership Development Program since its inception in 1990. We have come to rely on their commitment to the youth of Philadelphia many times over the past nine years. They have become an essential part of this program both financially and as an excellent role model for inspiring others toward community involvement. I would urge the Members of City Council to vote favorably for the renewal of the Comcast Cablevision franchise. They are a true asset to the Philadelphia community with particular attention paid to the youth of our City. Thank you so much. THE CHAIRLADY: Thank you very much for your patience and for your testimony.

Ms. Carraccio

You're welcome. Thank you. 121 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS THE CHAIRLADY: The Public Access Coalition, Philadelphia Community Access Coalition. I understand there are going to be five speakers. Please join us here. Good afternoon.

Ms. Marlene G. Patterson

Good evening, Councilwoman Clark and other Members of the City Council. My name is Marlene G. Patterson. Shall I spell it? M-a-r-l-e-n-e G. P-a-t-t-e-r-s-o-n. I'm a member of the Philadelphia Community Access Coalition. Will the members of the group please stand? (Applause.)

Ms. Patterson

I am here to speak briefly and in support of public access cable television and the establishment by the City of a nonprofit corporation to operate the same. THE CHAIRLADY: Dr. Paterson, are you here to speak in favor or against the renewal of this application? And then anything else you want to tell me.

Ms. Patterson

In favor of the application providing the public access commitments are met with a reasonable increase according to 122 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS inflation for the price associated with it. THE CHAIRLADY: But, Ms. Paterson, you heard their presentation. Their presentation is that they renew their commitment as it is, and you are now negotiating for an increase. It's not up to me to negotiate for them, but I heard their testimony. Their testimony is we're putting it in the way it used to be.

Ms. Paterson

We are not in favor of that. THE CHAIRLADY: So you are here to be heard to speak against the renewal because it does not have the increase that you believe is necessary?

Ms. Paterson

That's correct. THE CHAIRLADY: All right. I just want to be able to characterize your testimony and know what I'm hearing.

Ms. Paterson

Thank you for clarifying that. We believe that public access cable television is important to support the free speech provisions of the Constitution. Democracy is one of the most precarious forms of government, requires continued vigilance and updating of the 123 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS methodologies to keep pace with the existing and emerging technologies. Consequently, the first amendment writes of free speech in this age of telecommunications, we believe must rightfully now include community access to cable television and free internet and whatever new technologies will be developed. It's critical to be alert to the forces that continue to try to ghetto-ize a large segment of the community which by virtue of marginal finances or limited discretionary funds cannot provide for private access. The public access television, we believe, is also vital to media literacy which is important to foster education, exchange of information and jobs. And last of all we believe that television as a powerful medium shaping our lives must continue to have a public space that is free from commercial influence and interest, just as the visionary 19th century citizens of Philadelphia had the vision to set aside public space for Fairmount Park, an environment that can be enjoyed by all and is essential to the better quality of life. In such a similar way it is important to create public 124 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS electronic zones that can be enjoyed by all and will have similar benefits over future generates. Others will speak briefly. THE CHAIRLADY: Thank you very much. Just a minute. Are there questions by Members of the Committee? There being none. Good afternoon, sir.

Mr. William Goldsby

Good evening. THE CHAIRLADY: Okay, you won that one.

Mr. Goldsby

I been working all day. THE CHAIRLADY: So have I. I feel like I been carrying you on my back all day.

Mr. Goldsby

Again, my name is William Goldsby, that's spelled G-o-l-d-s-b-y. And I'm from North Philly. I'd like to take this opportunity before I get started with my testimony -- THE CHAIRLADY: Would you just bring the microphone down so that you're speaking directly in it?

Mr. Goldsby

I would just like to share an appreciation for Ms. Miller Donna Reed Miller office. I'm from her area. Her and her staff -- THE CHAIRLADY: Mr. Cohen, I'm trying to 125 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS help you here. Bring it closer and lean forward.

Mr. Goldsby

Is this better? THE CHAIRLADY: That's much better.

Mr. Goldsby

Let me start over again. THE CHAIRLADY: No, we got it from there. You expressed your appreciation for Councilwomen Miller whose district you live in.

Mr. Goldsby

Correct. And I just wanted to make that a public statement. THE CHAIRLADY: All right, we appreciate that. Unfortunately, she's not here, but I will pass it on to her.

Mr. Goldsby

I hope you do. Again, I'm here to oppose the previous presenters. My background is I've been in Philadelphia for about ten years. I'm from Selma, Alabama. I want to share my purpose first. My purpose is to ask the City Council to put forward a board of directors that would govern a public access channel, to put forth a board of directors that would govern a public access channel. And my vision if I was to see a public 126 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS access channel in place in Philadelphia, I will see programs such as children activities that is put on by the public, I will see different other cultural activity put on by the public, I will see educational programs that will begin to educate people about racism, sexism, and all of the other "isms" that are here in our society. A board of directors that would govern a public access channel means that the citizens who are on that board will be in a position to make decisions about what is being aired. The type of programs that I'm involved in that are good programs but notwithstanding other programs, one is I work with Echaris (ph) youth in North Philly. I also work with people who have been victimized by crime, and I also work with a commission that was formed by some of the Supreme Court Justices, the Pennsylvania Futures Commission. Again, the work that I am doing I feel is very, very, very, very important. It is work that is for the public and I feel that this type of work should be made available to citizens through a public access channel. Again, I was born in Selma, Alabama, and 127 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS I can remember the Jim Crow Era. And as I reflect back on the Jim Crow era, my interpretation of that time of the period in the south was that African-Americans did not have a voice, did not access to the decision-making process, and was disenfranchised. And as I'm seeing today that we're talking about public access, to me today in Philadelphia it seems to me that we are now in a technological Jim Crow era where the public does not have a voice, free access to the media. Again, I'm here to ask City Council to facilitate and design and create a board of directors that would govern a public access channel. Thank you. THE CHAIRLADY: Any questions of the witness?

Mr. Cohen

I think the observations you made in the speaker before you about the need for public access are very important statements. I have only one disagreement with you. I think the public community ought to get together and submit to the City Council and to the Mayor suggestions for the board of governors. Don't trust government to do the public's work, because the days when government 128 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS could be relied on to act on behalf of the people are long ago gone. There may be some public officials who have a public interest, but today often times government seems to move against the public rather than for it as witnessed by the bill 7 we're going to have hearings on tonight. So I'd like to suggest that the community ought to get people together. Madam Chair, was there an explanation as to why there is less funds for public access now than there were originally? Because I remember when Comcast -- THE CHAIRLADY: They're not less. They are exactly the same. Marlene Patterson is against the renewal of the franchise because it does not have what she considers an appropriate increase. She is not complaining of it being cut.

Mr. Cohen

Well, the original amount was made many years ago when Comcast was a struggling company, not being sure whether or not it was going to get a franchise at all for any part of the City because there was a fair amount of competition. And it would seem to me that Comcast's present position as compared to its financial 129 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS position when it originally set the figure are two worlds apart. THE CHAIRLADY: While I don't disagree with you, Mr. Cohen, this is neither the time nor the place nor are we parties to that deliberation. We are here to hear from the public in as fulsome a method as we can consistent with a very tight schedule what they think. Now, if they want to negotiate with Comcast, I'm not going to stop them from doing that.

Mr. Cohen

Well, I would like to hear their views and therefore was very pleased to hear the expression -- THE CHAIRLADY: That's we're here for. We're going to hear from a substantial list of them.

Mr. Goldsby

I would like to respond to that. I want to respect the time, but I definitely would like to respond to it. THE CHAIRLADY: But I want you to respond to it in the tightest --

Mr. Goldsby

Please, I will. THE CHAIRLADY: Consistent with a very long list which I have access to which you do not.

Mr. Goldsby

I trust my City 130 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Councilperson. I do not separate myself from government. I'm very active in making sure that they are accountable to me. That's why I'm here. City Council voted years ago to have a board of 6 directors to govern this process, and 14 years later 7 I'm here holding City Council accountable, and 8 expect that. Thank you. 9 (Applause.) 10 THE CHAIRLADY: Thank you, sir. 11 Please introduce yourself to the record. 12 We thank you for your patience. Spell your last 13 name for the stenographer. 14

Ms. Gretien Claushing

Good evening. My name is Gretien Claushing, C-l-a-u-s-i-n-g. And I'm vary pleased to be mere this evening and thank you for this opportunity. I'm a member of the Philadelphia Community Access Coalition, and my day job as the coordinator of the Philadelphia Independent Film Video Association, so I have the opportunity on a daily basis to work with the very talented and skilled film and video community here in Philadelphia. And for that community alone and all the citizens of Philadelphia, I think that it's imperative that the citizens of Philadelphia finally 131 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS be given access to the technology of television and the new developing technologies that were also discussed here today. We've been denied this right for years, and I think it's now a good 6 opportunity for us to sort of take Philadelphia into 7 the 21st century. 8 I want to first address a couple points. 9 I have to say I'm against today's proposal from 10 Comcast for a couple reasons. I think that it's 11 very clear to me that the amount of money that they 12 are allocating for the capital expenses and the 13 setting up of the public access channels at this 14 point just really isn't sufficient. I think that 15 that was an amount that was set 15 years ago, and I do question their arguments about the fact that video technology is more affordable these days. I really have to urge Council to seriously look at these things in this agreement. These five public access channels that we are requesting that you finally get set up should not be analog channels. They should be digital along with the others. In a few years' time we're yet beyond the curb again, and we have an opportunity right now to really set up a 132 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS state-of-the-art facility in Philadelphia and put Philadelphia in the forefront of telecommunications and access to those telecommunications by the general public, and I think that is very important. (Applause.)

Ms. Claushing

I also think that it's very important that in the negotiating for the public access channels, there was no discussion from Comcast or from Council about allocating digital band width also to public access. So I think that there needs some assessment done about this. I don't think this is an informal process. We're talking about a lot of money here. I think there needs to be a much more formal look at this agreement. And I just want to say in closing that there is a very talented film and video community here. I work with them on a daily basis. They're recognized naturally. Their work is broadcast nationally. Their work can barely be seen here in Philadelphia. This would be a tremendous opportunity to highlight the work of those individuals and then for them to provide mentorship to other people from various communities and from 133 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS young people and would thereby create an incredibly strong work force here for, again, making Philadelphia a very attractive City for telecommunications and jobs. Thank you. (Applause.) THE CHAIRLADY: Are there any questions of this witness? Thank you. Good afternoon, sir. How are you?

Mr. Keith Brand

Good evening. My name is Keith Brand, B-r-a-n-d. I'm an adjunct professor of communications at Ursinis College and Temple University. I'm also here to testify against franchise renewal for Comcast. I've been listening with interest to the plans for infrastructure upgrade and some of the predictions and premonitions about new communications technologies that will be driving economic and social force of the new millennium. It's kind of funny listening to this stuff because it's a bit like praising the canary while the 900-pound gorilla is loose and reeking havoc in your apartment. The introduction of television has 134 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS already fundamentally and measurably changed society in more ways than we can imagine. It's changed the way we teach, it's changed the way interact with our families, and it's changed the way we engage in political debate. It is indeed come to rival the dominant institutions of society for its ability to pass on values and beliefs which served to keep our social fabric together. As a student of communications, I have also read with interest the predictions that surrounded the introduction of cable television back in 1960's and early 1970's. Back then it was referred to as the information highway. Does this sound familiar? We were going to be introduced to interactivity, shopping, banking from the home, all the schools would be wired, education would be transformed, and we would create a global village. These were just some of the promises of cable. It is now 1988, and we are here in a since asking ourselves whether this promise has been fulfilled. THE CHAIRLADY: It' actually 1998.

Mr. Brand

1998, sorry about that. Asking ourselves whether this promise has been fulfilled. 135 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS The landscape of television surely changed in terms of quantity, but are we better off now, in the words of a politician, than we were back in 1984? Has the proliferation of movie channels, sports networks, music television, pay cable, court TV, cartoon networks, and nostalgic sitcoms made our streets safer, our family's stronger? Has it erased racism and homophobia, cured disease, or made our schools any measurably better? Some will argue that it has exacerbated these problems. Entertainment is now our major cultural export, enduring legacy of a great society. One of the most successful experiments to come out of the sixties cable revolution is public access cable television. It's a very simple idea. The cable companies us the public rights-of-way in order to string their wiring which is their infrastructure. They're given a monopoly to operate in the City. In return they turn over any number of channels back to the community. The community is then given the tools, the training, and the technology to make their own television. Irrespective of content, public access to the medium of television allows people to directly participate in the most important 136 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS conduit for the diffusion of information in history. And yet Philadelphia has yet to institute a public access system. And while Comcast would be the first to wash their hands of any obligation in the public creation of the public access corporation, this is very important, they are currently earning income on these unused channels with Pay-Per-View programming to which we receive nothing. Indeed, if anyone had the foresight to escrow the equipment and capital costs incumbent on these cable companies from the franchise agreements, Philadelphia would have one of the best public access systems in the country. Instead we're left with an empty obligation. Although it has been the responsibility of the City to form the public access corporation, the cable companies share in this burden. We would like to see a commitment, not only from the City, but from each of our franchisees to finally make public access a reality. We would like to see a renegotiation of the capital requirements in the original agreement, we don't think they're enough. These companies bargain for this channels in order 137 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS to receive their monopoly, they should also move forward and actively work with the City for the institution of this system. Comcast has included in its renewal proposal that, quote, "Unused PEG channels will be available for use by Comcast." We should demand that any profits from the use of these channels go to support public access. They're the people's channels and they belong to the community. We're tired of everybody waiting us out, and we don't want to be here in years still lobbying for 13 public access. In the words of Council President 14 Street, "It doesn't take a rocket scientist to see 15 that this is good for the City." (Applause.) THE CHAIRLADY: Are there any questions? Thank you. Are you next, sir. Thank you for your patience.

Mr. William Butcher

Thank you. You said something very important tonight, and I will tell you what it is. THE CHAIRLADY: Thank you.

Mr. Butcher

Thank you. Good evening. 138 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS My name is William Butcher. I'm a member of PCAC, but I'm also a lobbyist for the Acquired By Children Civic Educational League, I'm a lobbyist and advocate for the children which to my total would be around 200,000 of all colors, all backgrounds. I would like to say that I'm here to support Comcast and every way I can only if we do what you said, negotiate on our own, Mrs. Clark. Because at this point in time, we cannot look to the City Council, Mayor, or the President of the City Council to keep their word. I'll just go back to the best kept secret in Philadelphia. And the best kept secret in Philadelphia is public access. " And the reason why is because in 1983, somewhere along there, City Council ordained the Mayor and the President of City Council to form the Philadelphia Public Access Corporation. The principle purpose of the corporation agreed to promote and encourage use of public access channels for all citizens of Philadelphia. The corporation shall conduct 139 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS ongoing, this is what they said, ongoing outreach activities to ensure understanding and to promote the use of public access opportunities. The corporation shall foster a cooperative working relationship between franchisees, cable operators, and the public access users. " As everyone know, that was years 10 ago. 11 So Madam Chair, I'm here to ask you and 12 all the others to step down and let the public 13 handle this because we the public are the ones that 14 gives them that 160 to 200 million dollars for 15 entertainment. You, the public servant and others, don't seem to have any intentions of agreeing to this ordinance. Therefore, the Mayor and President of City Council have violated the law. The law states they were supposed to incorporate. The children call them law-makers and law-breakers. That's not a good message to send to the youth. As the others so eloquently stated, how useful this would be for everyone. It's needed for our little kids, especially the ones of my complexion who give so much by being the biggest 140 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS consumer in the City and receive so little. Now, Mr. Pardini, nice man, offered me to take my children out to the Main Line, Lower Marion because they have cable out there, public cable. They have public cable in Jersey. But I wouldn't take my kids out there. We the public spend more money than they do out here. I grant you, those people in the suburbs get the best of everything. They get a cheaper City wage tax. So if you guys got a problem with money, just put them on the same level of taxes you tax us. Give us, which we're going to take anyway I guess, the opportunity to do this ourselves. That's all I'm saying. Lastly, I want it to be known right now that there's going to be a March the kids going to New York or somewhere in September to do a Million Kids March. I'm going to ask them would they mind if starting the march right here at City Hall and at 1500 Market Street and let the world know why in Philadelphia that they have been denied public access. And I thank you. ) THE CHAIRLADY: Are there any questions? 141 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Thank you, Mr. Butcher. Mr. Shelkrot is not here. Mr. Bob Sorrell, Dr. Thuy, you can join us. How about Lee Webster, Gail Williams, and Robert Yancey? Gentlemen, I thank you for your patience. You have been here a long time. I'm fully aware of that. Having waited as long as your have, it takes real nerve for me to ask you to summarize your statement. But if you can give us an annotation -- if you have a written text, we will set it forth fully. But if you could annotate your presentation, we'd be very happy to hear that, too. What Lowell is saying to me is the stenographer already has it. Please identify yourself to the record, spell your last name for the stenographer and proceed. Thank you.

Mr. Robert Sorrell

I'm Bob Sorrell, S-o-r-r-e-l-l, and I'm president of the Philadelphia Urban League. I will consolidate. Much has already been said. I just wanted to share with you that since September of 1996, I have served as the Chairman of the Comcast Community Advisory Board. 142 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS It's other people who serve on that, an active capacity advisory to Comcast on matters policy. We've received a great orientation on technology, not only the current technology, but also the technology of the future. We've been involved in customer satisfaction. There's a company that is concerned about customer satisfaction because people can turn it on or turn it off. We've also been involved in employment opportunities. The company shares with the variety of institutions and organizations employment opportunities within the corporation. They are shared, gives the organizations an opportunity to refer people to the corporation for employment opportunities. On a personal note, Comcast has been very helpful to my work in the Urban League. Besides supporting activities, they are also helping us bring National Urban League Conference to Philadelphia as a corporate sponsor. And on June 3rd, they helped us record a forum on economic development which was held at Community College. So I just wanted to appraise you of the fact that there is such a body. It meets quarterly with Comcast, Ed Pardini, Stephanie Lowe, and the 143 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS management of the operations to advise and to consult on a variety of issues, but also to relay to the corporation what people feel and what people are saying about the service that they receive. THE CHAIRLADY: Mr. Sorrell, I asked Ms. Patterson how she would characterize her testimony. How would you characterize your testimony?

Mr. Sorrell

It would be in favor of renewal. THE CHAIRLADY: In favor of the renewal.

Mr. Sorrell

Yes, ma'am. What point I left out, and it's mentioned in the presentation. I mean, you got a whole lot visually today, but the principals of the corporation, Ralph and Brian Roberts, are essentially Philadelphians. They're here. Unlike when you talk about banking banks that are located in North Carolina and they only operate here, these are people who are here and over the years have demonstrated a commitment to the City at large, but also with Comcast has demonstrated a commitment to diversity from their corporate board all the way down. THE CHAIRLADY: Thank you. Are there any questions of this witness? 144 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Thank you again for your patience. Dr. Thuy, how are you?

Dr. Voung Thuy

I'm okay. THE CHAIRLADY: Please introduce yourself to the record, spell your last name, and proceed with your testimony.

Dr. Thuy

The honorable members of City Council, my name Voung Thuy, V-o-u-n-g, last name, T-h-u-y. I am the executive director of the Indonesian American Council. I have been in this chamber so many times to testify on different subjects. Today I am honored to come out and testify on behalf of Comcast Cablevision because of my firsthand knowledge of what they have done for our community. For the past several years Comcast Cablevision has never failed to support our effort to provide much needed service to multiracial, low income, and this population including refugees and immigrants. And they have done their best to hire Asian and provide employment opportunity to other minorities. As a member of the Comcast Cablevision 145 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Advisory Board, I also have firsthand knowledge of their effort to communicate with different communities in support of different events. Realizing that it's getting late, I would like to conclude my presentation by saying that I'm here today to support the effort to renew their franchise. And for me and as far as I'm concerned, Comcast Cablevision is a community oriented company. Thank you very much for the opportunity to speak. THE CHAIRLADY: Thank you. And thank you for your patience in waiting. Are there questions of this witness? Thank you very much. Good evening, sir. Please identify yourself, spell your last name for the stenographer, and proceed with your testimony.

Mr. Robert Yancy

My name is Robert Yancey, last name, Y-a-n-c-e-y. I'm principal of Germantown High School here in Philadelphia, Pennsylvania. I thank you for the opportunity to be here tonight to speak on behalf Comcast Corporation. I would characterize my testimony to follow as in support of renewal of the contract for 146 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Comcast Cable Corporation. I'm here to testify essentially that Comcast Cablevision is a valuable and continuing partner with Germantown High School. They've done a number of things that have been in support of our efforts to provide a quality education to our students. Beginning this year in September, past September 1997, Comcast Cablevision and its other affiliate organizations came to Germantown High School during the Philadelphia Cares Volunteer Day. They brought in excess of a hundred employees. They fixed up and painted up Germantown High School, and this has had a lasting and absolutely positive effect on the climate and the atmosphere at Germantown High School. Shortly following that event, they assigned 16 of our students who are members of -- they're students within our applied communications and applied technologies small learning communities. They assign those students to different Comcast installations for school to careers apprenticeships. Those students received a valuable work experience. Those students had been profoundly enriched. We're hoping to continue that relationship into next year. 147 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Also, Comcast has provided the services of a number of their employees to give us technical assistance and advice in terms of TV production and set design within our communications small learning community. They've allowed members of their employees still again to come and serve as speakers and presenters at a number of our annual events. For instance, they sent a speaker to your National Honor Society induction ceremony. They sent a couple of people to be presenters at our annual career conference. And most recently, they've committed themselves to underwrite a picnic lunch and a gift for each and every one of our graduating seniors. So these are just some of the reasons why given the generous and continuing support of Comcast Cablevision, I'm totally in support of the renewal of their contract and I'd like to testify that they are committed and continuing partner with Germantown High School. Thank you. THE CHAIRLADY: Thank you, sir. Are there questions of this witness? Thank you. I appreciate your patience. Sir, please introduce yourself to the record, tell 148 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS us last name, spell it for us and proceed.

Mr. Lee Webster

My name is Lee Webster, W-e-b-s-t-e-r. I'm director of Enterprize Communications for the School District of Philadelphia. The principal from Germantown gave you an insight as to what Comcast is doing outside of the contract. I'd like to give you a little insight of what Comcast and Wade and Greater Media gave the school district inside. Fifteen years ago when the agreement was worked out, the school district received $900,000 from the four cable areas. We've used that money very effectively to create a cable headend which feeds into the two cable channels going out. We have a studio which produces live inactive programming with the schools. It was stated that all schools have access to the cable. They're providing cable boxes which allow access to the different programming cable in the classroom to the individual schools. It's been a long day. I don't want to go into a lot of detail, but I would like to say that I really feel that Comcast has really been a 149 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS community benefactor for the school district and would like to see that continue. THE CHAIRLADY: And you would characterize your testimony as being in favor of the renewal?

Mr. Webster

In favor of renewal, yes. THE CHAIRLADY: Thank you, sir. Are there other persons present who wish to be heard to speak in favor of or against? Is your hand in the air to be heard, Miss? The call went out. There are none. Thank you very much. You have been a very patient audience and we appreciate you. We have heard you. We didn't engage you in conversation, but we have heard you. You have been eloquent in stating a very simple message and we have heard. Now is the time to do something with all these bills. I need some motions.

Councilman Nutter

Madam Chair, I move that the Committee on Public Property and Public Works adjourn its public hearing and move into a public meeting. (Duly seconded.) 150 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS THE CHAIRLADY: Properly moved and seconded that the public hearing be adjourned. We are now in public meeting. And Councilman Nutter?

Councilman Nutter

Madam Chair, I move that Bill 970777 be reported out of Committee with a favorable recommendation and with the further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.) THE CHAIRLADY: All in favor say aye. Then Bill No. 970777 has been reported out of this Committee with the favorable recommendation and with the recommendation that the rules of Council be suspended so as to permit first reading at out next stated session. All in favor say aye. Opposed is nay. So ordered.

Councilman Nutter

Madam Chair, I move that Bill 970793 be reported out of Committee with a favorable recommendation and with the further recommendation that the rules of Council be suspended so as to permit first reading at our next 151 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS session. (Duly seconded.) THE CHAIRLADY: All in favor? Opposes? Then Bill No. 970793 will be reported out of this Committee with a favorable recommendation and with the recommendation that the rules of Council be suspended so as to permit first reading at the next stated session.

Councilman Nutter

Madam Chair, I move that Bill. 970833 be reported out of Committee with a favorable recommendation and with the further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.) THE CHAIRLADY: All in favor? Opposes? Then Bill No. 970833 has been reported out of this Committee with a favorable recommendation and with the recommendation that the rules of Council be suspended so as to permit first reading at our next stated session.

Councilman Nutter

Madam Chair, I move 152 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS that Bill 980147 be reported out of Committee with a favorable recommendation and with the further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.) THE CHAIRLADY: All in favor say aye. Opposes? Then Bill No. 980147 will be reported out of this Committee with a favorable recommendation and with the recommendation that the rules of Council be suspended so as to permit first reading at the next session. Bill number?

Councilman Nutter

980270. Madam Chair, this bill had amendments read into the record by the Commissioner of Public Property as well as an attachment or Exhibit A which is the lease. I move that the amendments be adopted. (Duly seconded.) THE CHAIRLADY: All in favor? Opposes? Bill No. 980270 has been amended.

Councilman Nutter

Madam Chair, I move that Bill 980270 as amended be reported out of 153 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Committee with a favorable recommendation and with the further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.) THE CHAIRLADY: All in favor? Opposes? Bill No. 980270 as amended has been reported out of this Committee with a favorable recommendation and with the recommendation that the rules of Council be suspended so as to permit first reading at the next stated session. All in favor say aye. Oppose is nay. So ordered.

Councilman Nutter

Madam Chair, I move that Bill 980407 be reported out of Committee with a favorable recommendation and with the further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded). THE CHAIRLADY: All in favor say aye. Oppose is nay. 154 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS Then Bill No. 980407 has been reported out of this Committee with a favorable recommendation and with the recommendation that the rules of Council be suspended so as to permit first reading of this at our next stated session.

Councilman Nutter

Madam Chair, I move that Bill 980442 be reported out of Committee with a favorable recommendation and with the further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.) THE CHAIRLADY: All in favor say aye. Opposes? In that case Bill No. 980442 has been reported out of this Committee with a favorable recommendation and with the further recommendation that the rules of Council suspended so as to permit first reading at next stated session of Council.

Councilman Nutter

Madam Chair, I move that Bill 980458 be reported out of Committee with a favorable recommendation and with the further recommendation that the rules of Council be suspended so as to permit first reading at our next 155 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS session. (Duly seconded.) THE CHAIRLADY: All in favor say aye. Opposes? Then Bill No. 980458 will be reported out of this Committee with a favorable recommendation and with the further recommendation that the rules of Council be suspended so as to permit first reading at our next stated session.

Councilman Nutter

Madam Chair, I move that bill 980459 be reported out of Committee with a favorable recommendation and with the further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.) THE CHAIRLADY: All in favor say aye. Opposes? Then Bill No. 980459 will be reported out of Committee with a favorable recommendation and with the further recommendation that the rules of Council be suspended so as to permit first reading at our next stated session.

Councilman Nutter

Madam Chair, Bill 156 COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS No. 980460 is being held in Committee. THE CHAIRLADY: Then the record will show that Bill No. 980460 was called up and held for a later consideration.

Councilman Nutter

Madam Chair, I move that Bill 960882 be reported out of Committee with a favorable recommendation and with the further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.) THE CHAIRLADY: All in favor? Opposes? Then Bill No. 960882 is reported out of this Committee with a favorable recommendation and with the further recommendation that the rules of Council be suspended so as to permit first reading of this bill at our nex state session. Thank you very much. Ladies and gentlemen, thank you for your attendance. Is this meeting is now adjourned. (Adjourned at 7:45 p.m.) 157 C E R T I F I C A T E I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Wednesday, June 10, 1998, were reported fully and accurately by me and that this is a correct transcript of same. RE: COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS ___________________________________, LISA C. BRADLEY, RPR