COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING BEFORE THE COMMITTEE OF THE WHOLE - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, June 14, 2006, 10:15 a.m. - - - Bill 060474 - Submission to qualified electors of the Philadelphia of proposal relating to the appointment of the members of the Fairmount Park Commission and authorizing the appropriate officers to publish notice and to make arrangements for the special election. Res. 060485 - Proposing amendment to Charter relating to appointment of the members of the Fairmount Park Commission. Council Members Present: Anna C. Verna, Chair Jannie L. Blackwell, Vice Chair Blondell Reynolds Brown Darrell L. Clarke Frank DiCicco W. Wilson Goode, Jr. James F. Kenney Frank Rizzo V A R A L L O Incorporated Litigation Support Specialists 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 - - - 2 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 WITNESS Lauren Bornfriend, Executive Director......... 8 Philadelphia Parks Alliance Zach Stalberg, President and CEO.............. Committee of Seventy 6 Bobby Nix, President.......................... 7 Fairmount Park Commission 8 Robert Lukens, Friends of Wissahickon......... 19 9 Penny Balkin Fairmount Park Art Association... 29 Fred Mauer, Private Citizen................... 44 3 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485
Thank you all for being here this morning before this Committee of the Whole, which is called to order. The Chair notes that we have a quorum and, therefore, we will ask the clerk to please read the title of the bill. We actually have two bills this morning -- Bill 060474 and Bill 060485, and we will ask the clerk to read the title of both bills.
Bill No. 060474, an ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a resolution approved by Council proposing an amendment of the Philadelphia Home Rule Charter relating to the appointment of the members of the Fairmount Park Commission and authorizing the appropriate officers to publish notice and to make arrangements for the special election. 4 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 Resolution No. 060485, a resolution proposing an amendment to the Philadelphia Home Rule Charter relating to the appointment of the members of the Fairmount Park Commission, and providing for the submission of the amendment of the electors of Philadelphia.
Thank you very much. We were confirming that we had our quorum, which we do. The Chair recognizes Councilman Darrell Clarke, and after he makes his statement, and Councilwoman Blondell Reynolds for an opening statement. And after that, we will ask the Park Reform Task Force to come forward while they're speaking, to be prepared to make your testimony. That would be Lauren Bornfriend, Joan Riley, Robert Nix, III, and Zach Stalberg. We welcome you to come to the table, and we'll invite you to give your testimony after my colleagues make their 5 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 opening statements. Councilman Clarke.
Good morning. Madam Chair, first I'd like to thank all individuals and organizations that have participated in this long trek towards reforming our park systems and our recreation systems, 'cause we will ultimately do something as it relates to that. One of the things that I've said is it's always good to have debate on any particular issue. And as a result of the debate, we think that we've brought this particular issue to a level that it has not been in quite some time. So if nothing happens -- and I do believe something will happen -- at lease we've brought the issue with 6 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 respects to the Fairmount Park to a level that it hasn't been. I'm confident that our colleagues, after seeing the work that has been done and that will be laid out, will hopefully be in a position to pass legislation in the fall to assure that voters have an opportunity to vote on this very important issue. So I just want to thank everybody involved at this time and thank anybody who will be getting involved during the course of the summer.
Thank you, Councilman. Councilwoman Reynolds Brown.
Thank you, Madam Chair. I need to underscore the remarks offered by my partner on this bill and cosponsor of this effort, Councilman Darrell Clarke. Progress has been slow, but the progress has been good in that consensus 7 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 has been held at each step of the way. So we move forward only after there's consensus among the major stakeholders therein, and those are the Philadelphia Fairmount Park, the Horticultural Society, Zach Stalberg, and Mr. Nix and their team of professionals that are taking another closer look at this, and the Administration in the work of Bob Allen. Bob Allen has done an enormously outstanding job in looking to -- looking at efficiencies created by the realignment separate from the bill. So we need to underscore that because that's the only way that we have now arrived at this point with the work that will be presented today. I will be circulating to both members of the committee and other interested parties a timeline of all that has taken place over the last 18 months. So the interest and the effort to help these departments work more 8 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 efficiently is alive and well. And we simply need to say thank you because the work is still not done. Thank you, Madam Chair.
Thank you very much. Is there anyone else among the Councilmembers who would like to make a statement? (No response.)
Okay. Otherwise, we will ask Panel 1, Park Reform Task Force that we just named. Would you please come forward. (Witnesses come forward.)
Good morning. Welcome. Please identify yourselves for the record and make your testimony.
Good morning. I'm Lauren Bornfriend, the Executive Director of the Philadelphia Parks Alliance.
I'm Zach 9 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 Stalberg President and CEO of the Committee of Seventy and Co-chair of President Nix's group of advisors.
I thought you were going to say "President Bush." You said "President" -- (Laughter.)
Good morning. Our group represents an alliance of park advocates, civic advocates, and park officials who have been working together for several months to find a common 10 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 agenda for park reform. We agree that Philadelphia's parks represent one of our city's greatest resources, an asset to be envied by other cities. We also agree that our parks have suffered long enough and that the citizens of Philadelphia deserve well funded parks with transparent, creative, and proactive leadership, and we know that a better park system will help our city its and neighborhoods thrive in the years to come. Today, we are pleased to see City Council take up legislation that could help bring better parks to all Philadelphians. The current bill is a good start. It needs improvement because it leaves unanswered key questions about governance and funding. We are, however, optimistic that these questions can be answered by summer's end. The resolution sponsors, 11 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 Councilmembers Clarke and Reynolds-Brown, have indicated that they understand our concerns and are willing to work with us to resolve them. We are further encouraged by the resolution introduced by Councilmembers Reynolds-Brown, Clarke, and Nutter on June 8th, calling upon the Mayor to appoint a Parks and Recreation Funding Task Force. The issue of alternative funding sources for Philadelphia's parks is a key one that must be addressed along with governance reform. We thank the Councilmembers for their openness. With their cooperation, we hope to amend and supplement this legislation so that Fairmount Park gets the independent, visionary leadership and secure finances it deserves. I'll now speak to concerns we have about three areas in the current resolution -- the appointment of commissioners, the responsibilities and 12 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 tasks of the new commission, and the financial future of the park. First, the appointment process. We agree that Fairmount Park needs a commission to guide and protect this invaluable civic asset. Our primary goal is that a revamped commission be independent, visionary, and effective. It needs to be able to make plans, implement sound policies, and raise sufficient funds to run a first-class park system. To execute those tasks, the commissioners will need broad support from both inside and outside government. To win and maintain that support, what it needs first and foremost is public credibility. To confer that credibility upon this revamped commission, we support a nomination process that is fully open to the public. We have proposed amending the current legislation to specify a nominating panel whose members will 13 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 select a slate of potential commissioners for submission to the Mayor for approval and subsequent review by City Council, in keeping with other boards and commissions. The nominating panel should be drawn from private and non-sector organizations. A nominating panel member should represent community-based organizations, environmental and historical organizations, business and economic development groups, and arts and culture organizations. A diverse representative and independent nominating panel should greatly help to ensure diverse representative and independent Fairmount Park Commission. We would prefer that the commission be named a board of trustees, but whatever it's named, the park's oversight board must be strong enough to win public's trust. Responsibilities and tasks. A 14 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 second step toward credibility for the revamped commission is to define its responsibilities in this proposed legislation.
We propose the legislation be amended to spell out the revamped commission's role regarding such critical park issues as land use and protection, environmental and historical preservation, partnerships, planning, interdepartmental coordination, reporting to the public, and, of course, fund-raising. In addition, we propose that a code of ethics be established. This brings us to our third area of concern, which is finance. A dwindling budget lies at the core of many of Fairmount Park's problems. A reformed park system must have both a solid municipal base as well as a broad capacity to raise and generate funds from private, philanthropic, and non-local government sources. 15 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 To this end, proposed legislation should address the crucial need for both operating and capital funds. We'd like to see solid proposals for dedicated funding for the park along with an agreement under which the park system retains a significant portion of any revenues it generates. Finally, the revamped commission needs the staff and capacity to organize and maintain an entrepreneurial long-term revenue-raising strategy that can improve the entire park network. These are our three primary areas of concern. Other areas must also be addressed, such as elevating the position of park executive director to commissioner, thereby conferring the same status on Fairmount Park as other City departments such as Streets, Water, Recreation, and Police. There are also potential legal questions involving the City Charter and 16 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 state laws governing Fairmount Park. Our core mission today, however, is to outline amendments so that the revamped commission created by reform legislation is independent, credible, clear about its roles and responsibilities, and financially secure. We are grateful that the sponsoring Councilmembers have indicated a willingness to work with our group over the summer to resolve these questions. We are working hard, as we speak, to retain the legal and organizational expertise to address them. By summer's end, we intend to have detailed proposals that can be used to amend the current legislation. The results should be a resolution that Council can support with confidence, knowing that the resulting system will provide Philadelphians of every age, race and, community with cleaner, greener, safer, and more exciting parks. In closing, let's return to the 17 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 core beliefs shared by this group, which is that a better park system will make Philadelphia a better place to live, work, and visit. Parks help us strengthen neighborhoods, they attract visitors and employers, retain residents, and serve youth and families. They help us make our city attractive, healthy, and exciting. With a jewel like Fairmount Park Commission and all of the other parks that surround it, there is no 15 reason that Philadelphia should not stand out as a green giant among cities. Please join in using this summer to amend the current bill and prepare any other legislation that may be needed to bring Fairmount Park the leadership and resources that it deserves. The result will be a better Philadelphia and region for all of us. Thank you.
Thank 18 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 you very much. Would you gentlemen like to testify, or you're satisfied that this testimony includes all that you would like to say?
Thank you very much. Are there questions or comments from members of the Council? (No questions or comments from members of Council.)
Thank you very much. The next individual to speak is Mr. Robert Lukens, Friends of Wissahickon. Is Penny Balkin, Fairmount Park Association, here? You will be next. Is Mr. Fred Mauer here? Okay. We'll go in that order. 19 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 (Witness comes forward.)
I'm Bob Lukens, President of the Friends of Wissahickon, one of the largest and most active of the many friends groups that work closely with the Fairmount Park Commission. We very much appreciate the opportunity to testify before Council on the most recently proposed legislation relating to the reorganization and reform of the Fairmount Park governance structure. As you may remember, but you may not, because we submitted our testimony in writing, we've actually appeared at a couple of previous hearings and submitted testimony. I would start out by saying we actually agree a hundred percent with the Park Reform Task Force testimony that you 20 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 just heard. We have a few of our own comments. We agree -- the Friends of the Wissahickon agree that reform of the park system and the method of selecting commissioners is important if the parks are going to continue to be a vital asset to the residents of the City, and we are very pleased that Council understands this issue and has begun to propose some steps aimed at modifying existing the somewhat unwieldy structure. However, as we noted in our previous testimony, the Fairmount Park Commission's strategic plans suggest taking at least three to five years to explore the issues involved in a merger, not a, brief last-minute City Council hearing leading to a ballot question and only one part of the complex set of reforms needed to make the park's governance and funding structure more effective. We feel that this ordinance 21 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 deviates from the overall recommendations of the park's alliance and the Nix-Stalberg advisory committee who have essentially agreed on wanting to restructure the commission as a quasi-independent board composed primarily of nonprofit and private-sector representatives. If the ordinances and ballot question are approved, we also do not think it's wise to have the changes go into effect until the next administration comes into office. In addition, in particular, the ordinance does not address the leadership and funding issues that are the major concerns of the Friends of the Wissahickon and of the park's alliance and the Nix-Stalberg reports. However, yesterday, in preparing for our testimony, we learned about the resolution that has been introduced by Councilpersons Brown, Clarke, and Nutter urging the Mayor to 22 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 set up a task force with participation by all of the park, recreation stakeholders to look into these and other issues in a more systemic and complete fashion. I have not had a chance to discuss the resolution with the board of the Friends or the executive committee, but we're very -- personally very supportive of that resolution and hope that it will pass and that the Mayor will act on it. Again, we do appreciate Council's interest in this issue. We hope we can work with you and with the park's alliance and with the rest of the task force over the coming months and years to pass comprehensive reform, but the Friends urge you not to support the bills before you today on this as being incomplete. And that concludes my formal testimony. Thank you.
Thank you, Mr. Lukens. 23 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 Any questions from our colleagues for Mr. Lukens? (No questions from members of the committee.)
Yes. Thank you. First, thank you for coming down and thank you for being involved in this process. I just wanted to respond to some of the comments you've made with respects to timeline.
And I think you characterized it as a last-minute 24 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 legislation or hearing.
And Councilwoman Blondell Reynolds-Brown will be passing out a sheet that talks about the timeline as it relates to dealing when this actually starts. The initial expression of interest starts in the spring of 2001. And the original cut of the bill, I think it was actually introduced about a year ago. So I wouldn't characterize this as a last-minute issue, and we've had several hearings, both in this Council and in a number of community forums, so we have kind of had a pretty lengthy process as it related to this particular bill. The other thing -- and you did mention in your testimony, you talked about the need to have all aspects of the report, the strategic plan addressed, and you hadn't had a chance to read it. 25 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 But in the task force resolution, we talked about the need to have additional funding and other aspects of that report, so we clearly understand that this is just one component of the strategic plan proposal, and we fully intend on engaging that and the other aspects of that in a serious way. With respects to the next administration, this has been something that's been coming up. I said earlier, although I got a resounding endorsement that I would be reelected, but in earlier testimony, I talked about the fact that we as Councilmembers are here now. You know, tomorrow is never promised, and this is an issue that is near and dear to our heart. So we are moving towards moving this, and we will be involved in the selection. There's another issues with respects to the timeline as it relates to the expiration of the current term -- the 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 members of the park, and I understand that that term expires next year in May. Am I correct commissioner?
And I think it would, frankly speaking, be extremely disappointed if we would allow -- although I don't have anything against the Board of Judges, but I do have something against the process that if we do not do something that allows us to address the May expiration date, then come May of '07, the Board of Judges will pick the next group of Fairmount Park commissioners in the same antiquated way. So I think it's prudent for us to take that opportunity and come up with a process that allows it. We had talked with some of the advocates and some of the task force members about possibly having a transition term where maybe the first term of the newly selected commissioners would not be the traditional five-year 27 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 term, so it would give the next administration and the next council an opportunity to participant in a process earlier than the before-mentioned five-year process, and that's one of the things that we'll be talking about over the course of the summer. Okay.
First off, I thank you for clarifying these points. I actually have been at the two prior hearings and have testified, but it's a little tricky because the target is changed. The proposals have exchanged, and I gather they're still under discussion. And we're very much appreciative, actually, of the -- that you've brought this to Council and really started a dialogue. And these park groups and ourselves are really working 28 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 on it. But it is a little bit hard without seeing the whole to comment on pieces of it. And I agree with you that the timing would be fine to come up with a good, solid proposal in the nearer term than three to five years. I mean, I agree with you with the timing and am looking forward to getting the timeline as well. We hope to participate. Thank you.
Thank you very much. Any further questions? (No further questions.)
Thank you. Miss Penny Balkin, Fairmount Park Association. (Witness comes forward.)
Good 29 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 morning.
And thank you, Councilman Clarke and Councilwoman Reynolds-Brown for continuing to create this public forum and giving us an opportunity to discuss the future of Fairmount Park. I know that we all agree --
Excuse me. Please identify yourself for the record.
Oh, I'm sorry I'm Penny Balkin Bach, and for the record, our organization is the Fairmount Park Art Association. I know that we all agree that Fairmount Park is one of Philadelphia's greatest treasures. And listening to the previous testimony, I think we also all agree that it deserves more attention, 30 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 more funding, and greater accountability. I'm responding on behalf of the Fairmount Park Art Association, which was founded in 1872 as a nonprofit citizens' organization and is one of the Fairmount Park Commission's earliest private partners. As the nation's first public art organization, we have worked extensively with the Park Commission and the city To commission and preserve outdoor sculpture, making Philadelphia an internationally-recognized Museum Without Walls. And given our experience over this very long term, we do not support this ordinance to amend the Home Rule Charter; we do, however, support this ongoing discussion. An improved process to appoint commissioners is needed, but the ordinance, as written, has many shortcomings and seems premature. The appointment process described in the 31 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 ordinance does not address the park's governance problems, its funding, or the public's desire for inspired and capable leadership. We, your constituents, want change, but we want change for the better, not a Band-Aid, and change that brings significant and long-term improvement. By calling this hearing and raising this issue, we hope that Council will be responsive to citizen input before proposing such an important measure that would change the governance of the park. The park needs leadership reform that is more deliberate, responsive, and effective than what is called for in the ordinance, which, we believe, will be viewed conceptually by the public for the following reasons, as written. First of all, the ordinance 25 proposes trading a mysterious judicial 32 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 and political process for another process that gives the appearance of being highly politicized, and we believe that this will continue to erode public trust. An alternative would be to create a nonprofit board of trustees with City representation. Another option would create a nominating panel that reports to the Mayor, but we urge that such a panel be composed of a majority of individuals from the public/private, nonprofit, corporate, and philanthropic sectors. The next issue is expertise. The ordinance does not describe the skill sets needed to advance the welfare of the park. The Art Commission composition, for example, is very specific: It specifies a painter a sculptor, an architect, a landscape architect, and so on, be represented on the commission. The public needs assurance that the Park Commission would be composed of 33 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 individuals with appropriate financial and management expertise, but also knowledge of the issues relating to land use, preservation, landscape, environment, and arts and culture. And, finally, the proposed ordinance does not provide for continuity of leadership through staggered terms. A new commission with each new administration, we feel, would not serve the long-term interests of the park and its constituents. We believe that effective change needs to be innovative and creative and that Fairmount Park requires a new model altogether, one that would incorporate the need for private support and entrepreneurship that is being sought by parks across the nation. Philadelphia can be the new model. Finally, we affirm that any Charter changes, as we think of them, must transcend the good intentions of this administration and this council. We 34 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 need a structure that will endure in years to come for the benefit of all people in Philadelphia and this park system that we all treasure.
Any questions or commence? Councilwoman Reynolds-Brown.
Thank you, thank you very much. Thank you for your testimony.
Miss Balkin, would you remain. Councilwoman Reynolds-Brown would like to address you. (Witness returns to witness table.)
Thank you. Thank you For your testimony 35 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 and interest. I had prematurely written a question of -- you stated what you don't support, but if I had been patient and listening, I now see what you do support. To that end and number one of the appointment process, your testimony says, and I quote: Another option would be to create a nominating panel that reports to the Mayor but one that is composed of majority, which you have italicized, of individuals from the private, nonprofit, corporate, and philanthropic sectors. I would submit to you that that is a beginning but is not totally inclusive of the broad world of stakeholders that care about our parks -- namely, park groups who may not fit -- or who clearly do not fit in any of the categories that you just mentioned. And I was searching to see how many park groups we have because they are a very active -- neighborhood park 36 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 groups, actively engaged volunteers who are making a difference to what is your perspective with regards to creating an opportunity an opportunity where they also have a voice.
I absolutely agree that they would be included, yes. That was not meant to exclude them but I think, interestingly enough, we are a citizens organization ourselves.
We're not directly working with the park or even the park reform group.
So I think, you know, from our perspective, we're trying to articulate some of the membership that hasn't been discussed up until this point.
Oh, okay, all right. 37 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485
But thank you for raising that; it's a very fair issue. And we very much support all of the volunteer groups and we work closely with them ourselves.
Okay. You've piqued my curiosity. You say that the organization you represent is not a formal members of the Fairmount Park Alliance; is that what I heard?
I see. Okay. Final question. Councilman Clarke and I have begun to have informal visits with some of our colleagues, and we have not gotten to them all. But in my visit with Councilman 38 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 Rizzo, Councilman Frank Rizzo, one of his staff persons raised a very good question that I couldn't answer, and that is that in the Fairmount Park houses, there is a lot of art work --
-- that most of us don't know about, don't know its existence, but it's valuable and historic in nature. Has your organization had any involvement with that world of Philadelphia Fairmount Park? What do you think about us, the City, doing something with that -- they're really treasures is what they are.
Yes. Well, I -- we are not directly involved with that because our purview primarily in terms of what we consider public art is generally outdoor sculpture.
I see. 39 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485
But I do know that the museum, the Philadelphia Museum of Art, is responsible for administering at least one of -- or perhaps more of the houses that has an art collection. And you would probably want to speak with Gail Harrity about that.
Because I know that they have an interest, and I know that they have been very involved in the restoration and in the oversight of the park houses, which are really a great treasure in Philadelphia.
Okay. Thank you, thank you again for your testimony.
Thank you. Councilman Goode. Miss Balkin? (Witness returns to witness 40 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 table.)
Miss Balking, in your testimony, you describe the proposed new process as being highly politicized, or giving the appearance of being highly politicized. What do you mean by that statement?
The proposed ordinance, I believe, states that only two of the representatives would represent parks groups, and the other ten would be appointed -- five by the Mayor and five by Council. And I think there's an impression in the community at-large that that does not assure adequate community involvement. 41 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485
How is that any more politicized than the current process?
How is that any more politicized than the current process?
I agree that perhaps it's not, but I think that we, as citizens, think we can do better.
The Fairmount Park Commission is, in fact, a governmental entity; is that correct?
And it will remain a governmental entity; is that correct?
It will remain a governmental entity whether we change the Charter or however we change the Charter, it will remain a government entity. 42 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485
I think it would give the public the confidence that a cross-section of individuals would be involved in the nomination process.
Appointments to the commission itself or whatever it's going to be called.
I'm sorry, I... There are two issues? Just so I understand your question.
One is the -- the way that the nominating panel is constructed, and the other is the way that the commission --
My 43 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 understanding is that will be addressed through an amendment today. But beyond that, you talk about the selection process of the commission, and you say that we're trading it for one that gives the appearance of it being a highly politicized -- being highly politicized. My question is: How do you depoliticize the process?
I think it has to do with the construction of the nominating panel.
Thank you very much. Certainly I agree with my colleague. And, absolutely, we're still talking about a governmental process. And I'm always happy when we, as Council, have oversight or input, because when you have the executive 44 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 branch and the legislative branches, then we can be assured that we're trying to do the will of as many people as we can, the citizens in our city, so I applaud you for the work that you've done. Fred Mauer? (Witness comes forward.)
Thank you, Mr. Mauer. Please identify yourself for the record.
My name is Fred Mauer, and I testify on this matter. I have indicated to you ordinances that are involved. I find there is a major fault in offering this --
Excuse me, sir. Do you represent a parks group or a citizen of our city and area --
I have testified 45 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 previously on budget matters and park matters and many forums, so I have an association with many parks.
I find there is a major fault in offering this ordinance 9 without a true findings of fact. The public information meetings focus on different subjects, so this is not a continuation. And the obvious concession at those past meetings was that all complaints about Fairmount Park were caused by the deliberate underfunding of the parks, and it was not caused by governance. There is no fact-findings of failures attributed to malfeasance or dereliction of duty or hints of any corruption. This effort is not like the blue-ribbon Charter Committee that kept governance of the park intact and only added to its commission the Water and 46 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 Streets Department and the Recreation Commissioner the Chief surveyor to integrate into the Managing Director's bureaucracy as a good government model. This new ordinance wants to dispose of the complete board of commissioners that were ordained in the 1867 State law and authorized in the 1875 State constitution with continuation of a special powers for the benefit of all the people of the state. And today, they want to replace it with a weaker City political machinery scheme of absolute power to return us to the days of corrupt and contented puppets. I am a constituent of Councilman Darrell Clarke, and I am very disappointed in his plan to dismantle the governance of the Fairmount Park Commission, which has provided 140 years of public service to make our city usable, with a pleasant environment, enjoyable. 47 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 I think my councilman is very wrong, and he should be smart enough to end this hostile campaign. Fairmount Park, as a city/state commission, was a special agency confirmed and approved in the 1875 Constitution, and it was carried intact into the new City Charter by reformers who wanted to end the past 50 years of Republican rule. Now we've had 50 years of Democratic party rule, and they want to destroy the one institution that all the people enjoy the most and change it just for a private whim and not a true public need. I can't understand why my councilman adopted such a hostile attitude toward the independence that kept our park a little more independent from the total kingship of a Mayor and Councilman. I heard him complain about the commission seemed to do things that he 48 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 thinks are little details, but those are the business of the commission as a legal body of record. When I monitor the commission meetings, I find that it has full attendance and a willingness to serve our public needs. However, when I monitor City Council meetings, I find empty seats, inattention, private conversations, and much more drivel. My councilman explained his hostility came from his experience when he was appointed to serve a term on the Fairmount Park's Citizens Advisory Council and that he was frustrated with dealing with the Fairmount Park Commission. Instead of appreciating his experience as an understanding and growth, he has turned it into a grudge. I do want to note that his service on the Citizens Advisory Council was improper because he was a political aide, a paid City employee, and not a true citizen volunteer or a park 49 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 advocate. I think he humbled himself to be considered equal as a citizen, and now he wants to show his superiority against the commissioners. While my councilman has a chance to explain his anger against the commissioners, he mentions power and petty gripes and not substantial matters. I never heard him once attempt to fix the huge underfunding causes. My councilman has not explained his contempt of the commissioners that he wants to kill off. Does he have a problem with President Nix? I do, because President Nix wants to give the Mayor everything he wants. Does he have a problem with Commissioner Carter?
I do, because he was a blatant political appointment by Governor Rendell, and my councilman kept silent with his agreement. Does he have a problem with Commissioner Mason? I do not, because 50 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 she is the only person to speak freely and upsets the Mayor's hidden agendas. I recall when candidate Blondell campaigned that she wanted to fix Fairmount Park, restore the park rangers, and work for full funding. I think we were bamboozled; she did nothing of the sort. Let's stop this political trickery, let's give us full funding for our commissioners so they can fulfill their commission. It's time to stop this poisonous attitude and give commissioners freedom to do their work without more aggravation. I think this motion should be withdrawn. Thank you.
Thank you very much. Councilman Goode, is your light on? Councilman Goode and then Councilman Clarke.
Thank you, 51 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 Madam Chair.
Good morning, sir, and thank you for your testimony. And while I was entertained by it, I have the same question I had for the previous witness. The question is: How is this proposed new process any more political than the current process?
Because the way it's presented right now, you know who the commissioners are, how it's appointed, but once you take away the present structure, you make it to a secret process, where the politicians have more control, and inside, only their friends will be appointed to these things. 52 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485
It's a secret process and it is a political process now.
My question is: How is the proposed new process any more political than the current process? That's my question.
Because, as I said and I'll repeat it, we do know how the commission has worked with 140 years with their law. We know how to deal with those laws. And the commissioners are very subordinate to the Mayor already because when they made the Charter, they created a strong mayor policy, so the Mayor has extreme power now. The problem is that he has 53 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 almost total power, and the only independence is a little independence of the commissioners because they're not under his thumb directly. If you put the new process in place, what they are proposing is that there will be other avenues of control and not a real change in politics. When the Charter Committee -- Charter Committee, in 1951, went through this, that was their blue-ribbon committee, I think they did a good job, and they couldn't find a better solution. So what they did, instead of amending the commissioners, they added seats, added five seats to the commissioners. And they were City employees; they were the Water Commissioner and the Recreation Commissioner, who was just being created. We didn't have a recreation commissioner because Fairmount Park was the only recreation until the new Charter. So we created a new 54 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 commissioner of --
Sir, I had one simple question. It's: How is this process more political than the previous process?
It is more political because you have lost your obvious things. We have an open forum in the commissioners, and this is going to return to the point where only deputies will run the commission. You will have trustees who are not commissioners. Right, now all of these commissioners are responsible under the Sunshine Act to do honest duty in the public. Once you remove this, these commissioners from that role, they can no 25 longer function there. It will be a 55 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 strict interioral [sic] departmental structure.
Sir, I thank you for your testimony. I have no idea how you answered my question. Thank you.
I think it's a difficult question because they politics are what you --
We created a political structure called a city and a government. So it doesn't depoliticize it, but it does remove the elements of absolute control.
Councilman Clarke. Mr. Mauer, would you remain for Councilman Clarke.
Thank you, Madam Chair. I just wanted to thank Mr. Mauer for his testimony and thank him 56 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 for his ringing support for me as a councilperson. (Laughter.)
It wasn't about that. I think, in some areas, you do a commendable job, but not in all areas, and I think, in other areas, you need a little more refreshment in what our parks are about.
I look forward to continuing to having the discussion. Thank you very much for your testimony.
Thank you. Any other comments or questions? Councilwoman Reynolds-Brown.
Thank you. 57 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 Mr. Mauer --
Mr. Mauer, one more colleague would like to make remarks. (Witness returns to witness table.)
Have you had an opportunity to review the strategic plan?
What parts, components in the strategic plan do you agree with?
The conclusions. Let me tell you, there are two strategic plans, and I don't know if you're familiar with the --
Let me be clear about which strategic plan I'm referring to. I'm referring to the most current strategic plan, not the one of 1983, that was cosponsored or 58 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 co-funded by the City of Philadelphia and the William Penn Foundation a little over a year ago.
I'm referring to the second one, the one created by Mayor Rendell. When he was mayor, he created a new strategic plan which suggested that they should become a little more entrepreneurial in their activities. In that strategic plan, they did not request any changes in the structure; they only made suggestions on how they could improve the financial structure. That City planning was never implemented effectively because it was not funded -- like the master plan in 1983, it was not funded, and they were not given an opportunity to do it. Now, what happened is, some groups felt that the -- they were so frustrated with the situation in Fairmount Park that they had to go outside and hire a $600,000 consultant to 59 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 do a study, which then came back with recommendations, which said -- basically repeated all of the things we have done over the past 30 years and just come up with another conclusion that came out with three conclusions. One conclusion was to do nothing. So I think in essence, the strategic plan was a very wasteful practice, and all the things you can take out of there is more evidence and more utility. I think any time somebody does a study, you should take note of it and try to utilize it to its best knowledge, but the strategic plan was a wasteful -- two-year waste of time, and our commissioners could have had more opportunity if they were just able to sit down among themselves and if they weren't always being has would by consultants and studies. If they had a chance to sit down and work among themselves, which 60 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485 they would like to do, I think we would have had a better commission -- commissioners. But if you don't give them that opportunity, they have no 6 ability. If you keep saying to them we're going to get rid of you because that's our private call, then our commissioners have no capability to do anything except defend themselves, and I think you made a burden for them that you should remove.
My response is two things. One, I was not here during the Rendell years, so I will not speak of anything about that which I know nothing about. And, secondly, the strategic plan released June '04 was the recommendation that came out of hearings, which took place October '01. Thank you for testimony. Thank you, Madam Chair. 61 6/14/06 - WHOLE COMMITTEE - BILL 060474, RES. 060485
Thank you. Any other questions or comments for Mr. Mauer? (No further questions or comments for Mr. Mauer.)
Thank you very much. Is there anyone else here to testify? (No response.)
Seeing none, then that will end our hearing, and we will enter into our stated meeting. * * * 62 6/14/06 - COMMITTEE OF THE WHOLE - PUBLIC MEETING
Does everyone have copies of the proposed amendments to Bill No.'s 060474 and 060485?
A brief statement, I just wanted to make one brief statement.
Madam Chair, real briefly, before we vote on the amendment. During the course of the discussion, this is one of the issues as it relates to the proposed legislation that there was pretty much a consensus on in terms of the nominating panel. One of the things that the advocate groups and the task force wanted to do was to clearly define the 63 6/14/06 - COMMITTEE OF THE WHOLE - PUBLIC MEETING categories of interest that individuals would be selected from. In this particular proposal, it calls for -- it is consistent with the current Charter as it relates to boards and commissions where up to three members per seat would be selected by the Mayor as nominees. Those individuals will be a part of a process that looks at the commissioners or board of trustees, whatever we ultimately end up calling them, will be a part of the process that selects the commissioners up to three per seat, that then will be forwarded to us by the Mayor for a public hearing, a fully transparent process. Then the City Council of Philadelphia will have to authorize the selection of those members, as we do all other boards and commissions. So this is one of the things that we had a clear consensus on. This amendment simply changes 64 6/14/06 - COMMITTEE OF THE WHOLE - PUBLIC MEETING the process as it relates to what was originally proposed, where the Council and the Mayor selected the nominating panel. This process creates a group -- a category of individuals where the Mayor will select those individuals from, and that's something that the park advocates were interested in having. I personally don't have a problem with it, as long as we can make sure to get the appropriate people on that nominating panel.
Madam Chair, I would only add to Councilman Clarke's comments that the groups also need to include neighborhood park organizations that are actively having a voice in the future for Philadelphia Fairmount Park. Thank you, Madam Chair.
Thank you, 65 6/14/06 - COMMITTEE OF THE WHOLE - PUBLIC MEETING Madam Chair. One last thing. Madam Chair, it was also agreed upon that we request a recess until September 14th, the morning of September 14th, understanding that that will be a busy day. All of the interested parties has indicated that throughout the course of the summer, we hopefully will iron out whatever differences may remain. And frankly, I don't see a whole lot. So we will, hopefully, over the next three months, be in a position to secure any finally amendments. But I think we are working well together. We're on the track to pretty much have this resolved, particularly some of the funding issues. While it may not be in this particular bill, we have agreed to come up with a process that addresses some of the other issues that have been referenced in the strategic plan, and if it calls for the introduction of some additional 66 6/14/06 - COMMITTEE OF THE WHOLE - PUBLIC MEETING legislation, when we come back in the fall, we will be fully prepared to do that.
But you still are prepared for the amendments today?
Yes. We would like to ask for the approval of this amendment to amend the bill to reflect what we agree on as it relates to the nominating panel, with the understanding that over the next three months, we'll be working on some of the outstanding issues and hopefully be prepared when we come back in September to offer whatever amendments we come up with as a result of that. And during the course of the summer, we would like to sit down with Councilmembers to make sure that they're comfortable with whatever the amendments are. And, as promised to the Council President, we hopefully will not have a 67 6/14/06 - COMMITTEE OF THE WHOLE - PUBLIC MEETING lengthy hearing the first day back, the morning before the Council session. (Motion seconded.)
It has been moved and seconded that the amendment to Bill No. 060474 be adopted. All in favor will please say aye. Those opposed? The ayes have it, and the motion carries. The Chair recognizes Councilman Clarke regarding Resolution No. 060485.
Thank you, Madam President. Madam President, I move for the approval of the amendment to the Resolution 060485. (Motion seconded.)
It 68 6/14/06 - COMMITTEE OF THE WHOLE - PUBLIC MEETING has been moved and seconded that the amendment be adopted. All in favor will please indicate by saying aye. Those opposed? The ayes have it, and the motion carries. That concludes our hearing for today, and it will be continued until Thursday, September the 14th, at 9 a.m. Thank you all very much very much. 69 C E R T I F I C A T E I HEREBY CERTIFY that the proceedings, evidence, and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on Wednesday, June 14, 2006, and that this is a true and correct statement of same. __________________________________ JOSEPHINE CARDILLO RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)