I think we've seen a draft 13 letter that would propose that. We haven't seen 14 it in file, but -- 15
I think we've seen a draft 18 letter that would propose that. I don't know that 19 it's final, but -- 20
Mr. Martin, 21 Mr. Martin, do we have a final letter? Is that 22 the one that was given to me this morning? Do we 23 have a final letter from the Phillies?
(Off-mic., not entirely audible.) One of the letters that was given to 73 1/31/01 - WHOLE - RES. 010020, 21, 22, you this morning was the letter referring to my letter to you on Monday dealing with all of the issues of the theme tower.
We have a 6 copy of that. Has that been distributed to -- I 7 think that was going to be distributed to the 8 attorneys? You did receive a copy of that 9 letter? 10
Okay. And 12 that says absolutely nothing about the tower. 13
There was another letter 14 that was being prepared; it has not been 15 finalized, as I understand. 16
Council President, I think 17 the new microphones are good enough. If I stand, 18 I can be heard. David L. Cohen, counsel for the 19 Phillies. 20 I'm happy to represent that if helpful 21 to the process, that the draft of the letter that 22 we transmitted to the Council President and her 23 staff and to Mr. Hardy and Mr. Wren on Monday, that we can have that and prepare it in final form and signed by Mr. Montgomery by first thing 74 1/31/01 - WHOLE - RES. 010020, 21, 22, tomorrow morning, if that is something that is helpful to the process.
In fact, Council President 12 Verna, I will tell -- we will do this -- assuming 13 I have the capacity, we will either do it tonight 14 or first thing tomorrow morning, and I will make 15 sure that it's faxed to Mr. Hardy and to Mr. Wren 16 as well as to you before 9 o'clock tomorrow 17 morning, and we'll be here with -- 18
How much 19 advance notice under normal circumstances would 20 one receive -- 21
Under normal circumstances, 22 we -- what we had in the letter was, I believe, 23 seven days before we go to PAID. Under normal circumstances, there would have been no advance notice. And I think we did seven days before we 75 1/31/01 - WHOLE - RES. 010020, 21, 22, went to the Planning Commission as well.
So -- and to give a sense 9 of -- I mean, we're attempting to be helpful 10 here. PAID itself, I believe, only has 15 days to 11 review the submission, so because of the tight 12 timeframe here, we were trying to provide enough 13 time where there legitimately would be opportunity 14 for discussion. 15 You also remember, Council President 16 Verna, that at your suggestion, we also included a 17 commitment to give the community an opportunity 18 for input into the proposal before it was 19 submitted. 20
I said we have also 23 committed in the letter to provide an opportunity for the community to have input into any proposal before it was submitted either to PAID or to the 76 1/31/01 - WHOLE - RES. 010020, 21, 22, Planning Commission.
Thank you. 4 Thank you very much. 5 Mr. Hardy, would you call your first 6 witness, please. 7
Yes. I'd like to ask Mary 8 Richards to come forward. She is the Vice 9 President of Stadium Community Council 10 Association. 11 Oh, I'm sorry, of Veterans Stadium 12 Neighbors. 13
My name is Mary 16 Richards, Vice President of Veterans Stadium 17 Neighbors. I'll be very brief, very quick, and 18 I'm also very nervous about this. 19 I live next door to the practice field 20 and the bowl. I've lived there since 1954, when 21 it was all empty ground. We fought against the 22 Vets Stadium, and we lost. We fought against 23 trash-to-steam, and we won. We fought against the stadiums, but we didn't gain one, we gained two now. Now we're going to have four when Vets 77 1/31/01 - WHOLE - RES. 010020, 21, 22, Stadium is knocked down. I live on the east side of Broad. We have traffic, parking, noise, and all of the pollution that you can imagine in our neighborhood. We have to reschedule all activities, anything we do, around these four complexes. We negotiated with the Mayor, we negotiated with the Phillies, and we made very many concessions on many fronts. We asked for parking only on the north parking lot, on the north parking lot. Now we're told that the theme tower -- in addition to the theme tower that we have now, they want to put another one. To me, that doesn't mean "no parking." I want to thank you, Council President Verna, for your help. But we feel that promises were broken. We shook hands, but it didn't mean too much because now, we're back, here after being notified on Friday that the Phillies saying that they can -- that they would like the right to put another theme tower in the north parking lot, when explicitly we said nothing about any structure of any kind on the north parking lot. 78 1/31/01 - WHOLE - RES. 010020, 21, 22, 2 Not only will this flashing tower be an 3 intrusion, an aggravating effect on our homes, how 4 can we believe anything or how can we feel 5 comfortable with anything that we negotiate with 6 at this point? 7 I want to thank you, and I hope that 8 everybody will consider how we feel. 9
I'd like to call now Judy 12 Cerrone, who is the President of the Stadium 13 Community Council Association. I got that right 14 this time. 15 (Witness comes forward.) 16
Council President Verna, 17 before I begin, I'd like to read a letter from 18 Monsignor Connelley, Pastor of Stella Maris Church 19 into the record into the record. 20
I am addressing the 22 members of City Council at the request of 23 Monsignor James F. Connelley, Pastor of Stella Maris Church and School. Stella Maris Parish consists of 3300 member families and also includes 79 1/31/01 - WHOLE - RES. 010020, 21, 22, the area of the sports complex. Monsignor is unable to attend because he is visiting the sick of the parish at local hospitals today. He has asked me to convey to you the complete support of his parish family, and especially to express his adamant opposition to the construction of an additional theme tower anywhere in the North Lot parking-only zone and the limited-activity parking zone. Stella Maris Parish is one of the few growing parishes in South Philadelphia, and he wants it to continue to grow. He believes a strong parish is a strong future. Monsignor's understanding was that the parish's main issue was to preserve the north parking lot for parking only. According to his briefings as of December 8, 2000, he was satisfied that this issue had been resolved and that the North Lot was a parking-only zone. Monsignor sends his regrets that he is unable to attend in person to issue this statement. He hopes that all parties involved in this process will honor their original commitment to preserve the parking-only zone in the North 80 1/31/01 - WHOLE - RES. 010020, 21, 22, 2 Lot. 3 I thank the City Council for allowing 4 me to read Monsignor's position into the record. 5
You're welcome. 8 For myself, as President of Stadium 9 Community Council, I didn't write anything. Most 10 of the City Councilmembers that have been around a 11 long time know me. The new ones that don't, it's 12 nice to meet you. 13 I just wanted to say a few things. I'm 14 going to call myself a "NIMBY" tonight. I know 15 many, many times through the years that we've 16 appeared in City Council, they called South 17 Philadelphia NIMBYs, and we were annoyed by it, 18 but "not in my backyard" stands today, and I will 19 honor that word. 20 Just I want to remind City Council that 21 Spring Garden said no, Chinatown said no. The 22 Mayor came down, showed us three proposals, the 23 next day appeared on television and said we had accepted one -- which was not true. And the next day, had a meeting at Stella Maris to show all the 81 1/31/01 - WHOLE - RES. 010020, 21, 22, people what we had accepted when our community had no idea, neither did we, that we had accepted it. We knew that we were on ground zero, and eventually, it was come down to be dumped in South Philadelphia. The only thing that we have to say is we negotiated in good faith. We gave more than we anticipated to give to the Phillies. We had made up our minds on where we would bend and where we wouldn't. m. and got home at 2 o'clock the following morning. It was a strain on our, lives, our families, our children, and we don't get paid for this. The neighbors are not aware, they're not aware of the fact that there are concerts, which we had decided we would oppose, and we gave them eleven. We moved the distance from the nearest home to the stadium back, at the request of the Phillies. The nearest ramp right now from the stadium of Veterans Stadium is 150 feet from our nearest home. We conceded everything that Mr. Montgomery practically asked for. The only 82 1/31/01 - WHOLE - RES. 010020, 21, 22, 2 thing we've said was not to have in the North Lot 3 for anything but parking, which he agreed upon. 4 But at the eleventh hour, on the night of December 5 7th, the Mayor gave us two minutes to put five 6 things on a piece of paper that were our most 7 important issues, which he negotiated supposedly 8 in a private room with the teams and ran back and 9 forth, gave each of us a hug from my community, 10 and talked us into agreeing. 11 We had never heard the word "plaza" 12 mentioned until December the 7th, the night that 13 that it was supposed to be introduced to City 14 Council. We were completely in the dark about a 15 plaza area. So even though we moved stadium 16 farther from our homes, the plazas then, once 17 again, brought the distance closer. 18 So I feel like we've been duped. The 19 tower itself -- my son's bedroom faces west -- 20 east. My brother lives with my parents, who are 21 in their eighties, six doors away, and his bedroom 22 faces east. All of the homes on Broad and 13th 23 and Juniper, their bedrooms face east. That sign shines and flashes all night in each bedroom window, which I think is a quality-of-life issue. 83 1/31/01 - WHOLE - RES. 010020, 21, 22, 2 Now, they'll say, Well, just close your blinds or 3 close your shades. We don't have to do that. 4 Geary Street gets it in their front window. 5 Now, since Mr. Montgomery -- we bent on 6 all of these things, and nothing whatsoever was 7 mentioned to us except that North Lot would be 8 pristine parking. He has since given us kiosks -- 9 which I had never heard of in my life until Friday 10 night, nor towers. Twenty-eight kiosks, which are 11 twelve feet tall, eighty banners. 12 Our neighborhood is becoming a circus 13 carnival atmosphere. It is still our 14 neighborhood. The people there built and lived 15 since 1954, and 80 percent are over 80 years old. 16 They should not have to be subject to this kind of 17 treatment.
18 I know that most of our Councilpeople 19 are very big on quality-of-life issues, but it 20 seems to me right now that when it comes to money, 21 the quality of life is being put second. But it 22 won't be put second by the people. They are not 23 informed yet about this tower in our community. Once we inform them, we are going to have a complete uproar. 84 1/31/01 - WHOLE - RES. 010020, 21, 22, We know you have done everything you can, and we sincerely appreciate everything you've done to help us. The Mayor tells us to trust him, but Mr. Montgomery will not remove it. I have personally asked him, the attorneys have dealt with him, they have dealt with his attorneys; he wants to leave the option open. It has to come west, a 150-foot tower. To come west, it would have go behind 13th or behind Geary, which would have two monster flashing signals in our bedrooms. I think that is absolutely Ludicrous to expect to us accept it. We've bent on every other issue given, and more than we ever planned to, but we draw the line with this second sign. We're not saying he can't have it; we're saying it can't be built in the North Lot. There are alternatives we would be glad to work with him with, but it will not go into the North Lot. I thank you for your time and I appreciate it. Thank you.
Next, I'd like to ask Tony 85 1/31/01 - WHOLE - RES. 010020, 21, 22, Greco to come forward. Mr. Greco is the President of the South Philadelphia Community Civic Association. (Witness comes forward.)
As you're aware, for the 11 last 30 years, we've had quite a bit of negative 12 experience with the existence of the Veterans 13 Stadium. In this whole process, two other 14 communities have rejected the Phillies. 15 And by the way, before I go forward, I 16 want to commend the Eagles for their part that 17 they played in this process. We feel that they 18 were very fair with us, and we really didn't have 19 too many problems at all to reach agreement with 20 the Eagles where we are today. However, I'm very 21 sad to say, we're not there with the Phillies this 22 evening. 23 Again, two communities have rejected the Phillies -- the Chinatown community and the Broad and Spring Garden community. Yet they came 86 1/31/01 - WHOLE - RES. 010020, 21, 22, back to South Philadelphia, and we eventually accepted them again. We probably shouldn't have, with the experience that we had with them, but we did. The City and the Phillies in this whole process promised to reverse the ills of the past and protect homes, our community, while providing a world-class complex. Now we're on the doorstep of completing this whole long process and the Phillies seem to be showing their colors again by forcing a second theme tower in the North Lot, the lot that was always the bone of contention with anything being there other than parking. Now we're in the process of beginning a new phase with a Stadium Special Services District, with the Phillies being a partner, and we have a very, very strained relationship this evening because of this tower. The only thing I can say to the Phillies at this point is that we're very angry, and enough is enough. I think they're very ungrateful to try and force this on us after everything and all of the concessions we've made with them, how fairly we've dealt with them, and 87 1/31/01 - WHOLE - RES. 010020, 21, 22, 2 we've accepted more than we should have. 3 And I'd like the Phillies to step 4 forward and do something for the community for 5 once and agree not to put it in the North Lot. 6 And as Judy said, we're not saying no second 7 tower; we just don't want it in the North Lot, and 8 I think that's the least they can do after going 9 through this whole process with us. 10 Thank you. 11
Thank you, Tony. I'd like 14 to now call Barbara Capozzi, who is the President 15 of the Packer Park Civic Association. 16
I will be brief. ), who 18 couldn't make it back. He was here this 19 afternoon. 20 So what you've heard from is five 21 community groups who are all absolutely united in 22 our feelings, and I think that's unprecedented in 23 any city, but it's unprecedented here. And the reason that we've come together so well and we've worked together so well in the last year at least 88 1/31/01 - WHOLE - RES. 010020, 21, 22, is because we're faced with something that's also unprecedented, which is four active facilities in one area. I have asked everybody, and I don't think there's a place in the country that even has three. So that's unprecedented. What we've given up in December -- on December 7th alone what we conceded to, just to get a spot for parking only that's right behind their homes. We gave up major things, and we got things too. And, again, I wanted to start my statement by thanking you so much, Council President Verna, for all of your help and all your patience in listening to us and supporting us and your words tonight, I wrote down every one of them and I hope everybody else did too, because that means everything to us, and we'll make sure that our community understands them. And I want to thank the other Councilpeople who came back late tonight also. I'm sure this issue is ad nauseum to everybody. " We negotiated so hard for parking only, and Friday, 89 1/31/01 - WHOLE - RES. 010020, 21, 22, 2 at 4 o'clock, we understand that it's parking 3 only, but you never said that you didn't want a 4 150-foot theme tower. I mean, it's -- we could 5 never sell this to our constituents, and we have 6 -- we -- you may not believe this, but we are the 7 most reasonable in our neighborhood. We have 8 fought our own boards, we have fought our own 9 neighbors to try to convince them that this 10 stadium's going to do good things for us, this 11 district's going to do good things for us. And I 12 think that in the end, we can sell that. We can 13 sell the things that we just heard about -- 14 banners, kiosks; I think we can sell some of those 15 things provided we have some input into how close 16 they are to the homes. 17 But we just cannot slip in a 150-foot 18 tower. We have one, we -- none of us was around 19 when that one happened, but if we had had our 20 choice, it wouldn't. We just can't say, Gee, 21 guys, we didn't come back to you on this one 22 'cause we just didn't think it was -- you know, 23 we thought it was included. We couldn't possibly sell it, so that means it's going to come back to us, it's going to come back to you, it's going to 90 1/31/01 - WHOLE - RES. 010020, 21, 22, 2 come back to anybody else that they can reach. 3 And I don't know, I think we've taken 4 an awful lot. 5 I just want to clarify. They did say 6 that Spring Garden and Chinatown fought, but they 7 fought one stadium; we're going to end up with 8 four, and they're very active buildings, as 9 everybody knows. 10 And I want the rest of Council to know 11 that we're not unreasonable, although sometimes I 12 think people think that. But, for example, about 13 four months ago, the Mayor sent Joe Martz to us, 14 and we all sat in a room, just the five of us and 15 Joe Martz, who we very much appreciate also. And 16 he talked to us about something about the X Games, 17 which we had never heard about, never heard about 18 it. He said, This is what we can do, this is -- 19 we worked it out in an hour and a half, two hours. 20 Of course, now we find out that it 21 means 200,000 people. I mean, he told us some of 22 that. I think the ramifications are greater than 23 what we all thought, but we sat down and were very reasonable. He said, Look, this means 40 to $50 million for the City, it's two weeks in 91 1/31/01 - WHOLE - RES. 010020, 21, 22, 2 August, it's quiet, we'll give you everything and 3 police protection. We worked it out, and I think 4 we were very reasonable.
5 Now, our neighbors don't know about the 6 X Games yet, they don't, right? They don't know 7 about it, haven't heard about. I mean, if they've 8 read the papers, they know, but I don't think they 9 understand implications. And we go to them time 10 and time again to sell these things. 11 But when there's a point -- when it 12 comes to something that we just don't think we can 13 sell, we have to let you know. And here it is, 14 it's a 150-foot theme tower in the parking-only 15 zone. We're not saying they can't have it. I 16 think they're being very gracious saying that they 17 can have it somewhere further east. I mean, 18 further east is still going to be visible; it's 19 just not going to be right in everybody's face. 20 So I thank everybody for their 21 patience. And your words mean a lot to us. Thank 22 you for your help. 23
Yes. Thank you, 92 1/31/01 - WHOLE - RES. 010020, 21, 22, Madam Chair.
Oh, I'm 4 sorry, I'm sorry. Mr. Hardy, do you have another 5 witness? 6
I will present a typical 9 South Philadelphia resident here, Judge Alex 10 Bonavitacola. 11 JUDGE BONAVITACOLA: My name's Alex 12 Bonavitacola. I'm a resident of the area west of 13 Broad Street within three blocks of the existing 14 Vets Stadium for the last 36 years. 15 Our appreciation goes out to you, 16 Council President, for being so patient and 17 listening to the complaints and the concerns of 18 the residents on both sides of Broad Street. And 19 of course, we thank the other members of Council 20 who are sitting here at this late hour and have 21 done so before in order that we may air our 22 grievance. 23 What is our grievance? I think the grievance is that there is a point at which you draw a line in the sand and you say, "I will not 93 1/31/01 - WHOLE - RES. 010020, 21, 22, yield one more inch," and that's where we are with the theme tower. Actually, it's a 150-foot high, double-faced billboard, electronic, and it's on all night, with moving figures and flashing signals and advertising. This would now intrude on the west side of Broad Street because it is so high, so large, and so bright that we are going to have them shining into the bedrooms and into the living rooms of the houses on the west side of Broad Street, some of which recently sold for in the neighborhood of $300,000. The neighborhood is not unreasonable. We have negotiated with the Eagles for their practice facilities, which was a commercial-type intrusion into what was formerly a hospital site, and we worked out most of those arrangements. We have worked with the Phillies and with the Eagles, but one of the requirements was that the North Lot be reserved for parking, because as it stands presently, there is projected to be a 6,000-car deficit when it comes to parking for the facilities that are being erected. So, therefore, that is the line in the 94 1/31/01 - WHOLE - RES. 010020, 21, 22, 2 sands, and our neighbors just do not want to yield 3 one more inch for one more thing. 4
Thank you, 5 Your Honor. 6 JUDGE BONAVITACOLA: Thank you. 7
Mr. Hardy, 8 did you do you have any other witnesses to 9 testify? 10
Councilman 13 Rizzo, do you want to be recognized? 14
Thank you, Madam 15 Chair. 16 I just want to refresh everyone's 17 memory on something that was said. Now that the 18 community is here, I just want to repeat what the 19 Phillies' Dave Montgomery said the other day when 20 I asked about the possibility of limiting the 21 amount of time that the sign would be illuminated, 22 that it could possibly be some consideration of 23 it, and the Phillies stated they made a tremendous amount of concessions to the community. And I honestly think that it's just the opposite. Maybe 95 1/31/01 - WHOLE - RES. 010020, 21, 22, the Phillies made many concessions, but certainly the community in this entire negotiation, I think, has made many, many, many concessions, especially when it's in their neighborhood. It's hard for me to believe and maybe for the counsel to the community group. We know how many seats are going to be in the new Phillies facility, we probably even know how many light bulbs are going to be in that building. And it's hard for me to believe that we don't know, and the Phillies can't tell us, if they're going to do it, put the second sign up or whether they're going to put the second tower in the North Lot. In your conversations with the Phillies, did anyone ask if there's a plan that shows the two towers and where they're in the plan, where they're positioned? Because I think this would be so easy if we could just get the Phillies to say, Look, that's where we plan to put it, but we're going to put it someplace else because of the reaction from the community. I just can't figure why, based on this project, when every bit of detail is probably there -- the colors of the lavatories they 96 1/31/01 - WHOLE - RES. 010020, 21, 22, 2 probably know. And I just can't understand at 3 this point why they can't be specific on, yes, 4 that's where we'd like it to be, or no, or we're 5 only going to continue with the one. 6 So I think that it would be to 7 everyone's benefit to know exactly what their plan 8 is, and I just don't understand why they can't be 9 specific at this point and say, Yes, that's where 10 we want it. And now they know, and as long as I'm 11 around here, I'll support the community and go to 12 any meetings I need to go to, to the Zoning Board, 13 you name it, Art Commission, to oppose it being in 14 the North Lot. 15 So I just can't figure out why they 16 can't come off dead-center here and tell us that 17 that's not where it's going to be and that it will 18 be in an alternative location that would be 19 satisfactory to the community. 20
The community certainly 21 agrees with you, Councilman Rizzo, that they 22 should be in a position to do that. Every time 23 we've asked for specifics on plans, we've been told that the planning process was not that far along. They, in fact, to this date have told us 97 1/31/01 - WHOLE - RES. 010020, 21, 22, that they can't even be sure precisely where on their plan the stadium is going to -- the ballpark is going to be, that it might have to shift left or right, and where the restaurant or the retail space might be. They have a variety of reasons, and rather than repeat them to you, I'd let you ask the Phillies representatives directly. But one of our big frustrations is that this fast track of getting the leases approved has happened in an environment where we really don't have the details that enable to us evaluate the impact of the construction on our neighborhoods.
Well, with that 15 said, I think tonight you've heard President 16 Verna, you've heard other members of Council 17 either on the record or off the record too. I 18 think we've all suggested that since there is some 19 vagueness at this point, that if there's ever an 20 attempt to put that in the North Lot, that I know 21 I would be supportive of the community and to try 22 to do whatever, and I'm sure there's other 23 members, and I'm not speaking for them, and you heard the President, and you heard the Phillies themselves, the representative of the Phillies say 98 1/31/01 - WHOLE - RES. 010020, 21, 22, that it would be unlikely that the Phillies would move forward and try to put this in the North Lot based on the commitments that were made from the elected officials. So I think basically that that's where we are, and I think that, unfortunately, that that detail's not available to us right now that's in there, but I think we've sent a message that-- don't try to put it in the North Lot or you're going to run into a lot of problems with the community, with elected officials -- again, me specifically. So let's hope they'll listen.
Councilman 17 Rizzo, you certainly know that Councilman Cohen 18 would certainly be joining you at the Zoning 19 Board. 20
You're 23 welcome. Mr. Hardy, do you have any other witnesses? 99 1/31/01 - WHOLE - RES. 010020, 21, 22, 2
I'm sorry. 4 Councilman, your light's on and yet it's not 5 reflecting on my board. 6
Some of us come 7 pretty late to the question of the theme tower. 8 And as a veteran of the trash-to-steam battle -- 9 (Applause.) 10
-- which was a good 11 battle to win for everybody, financially, 12 health-wise, and so forth. 13 But I'm listening and I'm trying to 14 figure out what could be so important about a 15 theme tower that the Phillies would be ready to 16 cause everything to collapse? Is there -- have 17 the Phillies ever given an answer? You know, is 18 this going to produce a season in which the 19 Phillies don't end up toward the bottom? Is it 20 going to end a hundred years of being the kind of 21 the most futile baseball club in baseball 22 history? 23 What is it about this particular theme tower that prevents the Phillies from saying, absolutely to the community, you've given much. 100 1/31/01 - WHOLE - RES. 010020, 21, 22, Maybe we think we've given much as the Phillies, we've given much, but we're not going to continue this torment of the people of South Philadelphia because we feel the same aggravation for our President as the community does, and we know -- you know, we know the degree to which South Philadelphians for many, many years have cooperated. There used to be an old statement, "If you can't put it anywhere else, dump it in South Philly, they'll take it." And maybe many South Philadelphians feel that way. But for the life of me, I'm trying to make sense out of this. Now, I'm not a supporter of the public monies for the stadium, I'm not opposed to stadiums, but I just don't understand it at this late stage of the game, this intransigence by the Phillies. Have they given you a statement as to why this is a matter of life and death to them?
They have given us no such 23 statement. In fact, they came to the community and said they wanted a world-class venue to mount baseball games, and when we asked them, What does 101 1/31/01 - WHOLE - RES. 010020, 21, 22, a theme tower have to do with that goal? they were unable to create a link that makes any sense to the community.
Mr. Cohen, 6 would you want to respond to this question, 7 please, so that -- let's get it all on the record. 8
It makes no sense 9 whatever for this issue to be such an enormously 10 important issue for the Phillies that it appears 11 to be the break point. It appears the Phillies 12 have drawn a line in the sand. 13
It's hard to answer this 14 question in the abstract, and I'll try not to 15 repeat everything that we said about this on 16 Monday. 17 But with the Phillies, our -- what the 18 Phillies have -- the Phillies' position has been 19 very simple, which is, we think we bargained for 20 something back in December, we have our 21 interpretation of what we bargained for. But the 22 one thing that I don't think anyone would disagree 23 is that we bargained for the right to attempt to design our baseball ballpark in a way that makes sense for the team, for its fans, for the City, 102 1/31/01 - WHOLE - RES. 010020, 21, 22, and for the community. And we have not had an opportunity to do that yet. And just in partial response to Councilman Rizzo's comments, I think I need to remind everyone that the first that we heard -- the first that the Phillies heard that they were going to be on this particular site was -- I think the date is November 20th of the year 2000. And as a result, we have not had the opportunity to do the design work that, for example, the Eagles have had, having known of their probable site for well in excess of a year. And the simple request is and the simple position that we took on Monday is that we want the opportunity to attempt to design our ballpark, the parking lots, the entire environment around there, including the theme towers in a way that we think makes sense within an overall integrated design plan. Theme towers are complicated animals. They have multiple uses, they have multiple purpose. They have a revenue purpose and there is no doubt that the revenue that is generated by theme towers is significant; it's why the Phillies 103 1/31/01 - WHOLE - RES. 010020, 21, 22, 2 bargained for two theme towers instead of the 3 existing one, and it's why the Eagles bargained 4 for two theme towers where there are none today, 5 with the revenues going to the Eagles. 6 But theme towers also help serve as 7 signature or as a frame for the design of the 8 complex. They can be used to enhance naming 9 rights and recognition of what the Phillies 10 ballpark is going to be known as. And we just 11 have not had an opportunity to explore any of 12 those issues in the kind of detail that we think 13 that this requires. 14 And I -- I said on Monday, I will 15 repeat it again, it is in Mr. Montgomery's letter 16 to the Council President, that when the Phillies 17 say that they are not willing to agree today not 18 to put a theme tower on the north -- I'll call it 19 "on the North Lot," I think we all understand 20 what we mean when we say that. That is not to say 21 that the Phillies are insistent that they are 22 going to put a theme tower on the North Lot. 23 It is only that they want the opportunity to attempt to design their ballpark and the 80-plus acres north of Pattison Avenue 104 1/31/01 - WHOLE - RES. 010020, 21, 22, 2 that are their responsibility under this sublease 3 that is before City Council and to have a dialogue 4 with the community and with the Council President 5 and to try and create an overall design concept, 6 including the theme towers, that make sense for 7 the team, for its fans, for the City, and for the 8 community as a whole. 9 And I do understand the community's 10 sensitivity to this. In response to someone's 11 statement there -- may have been more than one -- 12 the message has clearly been received loud and 13 clear. It is a message, to be perfectly candid, 14 as the Council President knows, we heard on 15 Monday, we heard before Monday. But by the same 16 token, we think we have the right to rely on the 17 agreement that we have negotiated and to attempt 18 to design this overall concept in a way that makes 19 sense, with the full recognition that if we fall 20 afoul of the community's wishes here, that we're 21 going to have an awful lot of explaining to do.
22 And as I said on Monday, the likelihood of our 23 being able to get a theme tower in a place where the Council President, for one, is vehemently opposed to it is so small that I would not like to 105 1/31/01 - WHOLE - RES. 010020, 21, 22, quantify it.
It would seem to me 6 that what the other David Cohen has just said, if 7 the likelihood is so small, I cannot understand 8 why you cannot forego it. Why can you not say 9 that we haven't had the time to design it? 10 Certainly, it was not Council that prevented you 11 from having the time, it was not the community 12 that prevented you from having the time. If there 13 were a physical obstacle there that prevented you 14 from you building it there, you would accept that 15 and you would design around it. 16 Why can't you give the community the 17 comfort it obviously so desperately needs if it's 18 going to sell the rest of the proposal to the 19 community? Why can't do you that? It seems like 20 such a simple thing, and that's why everybody is 21 so concerned and so suspicious. 22
Unfortunately, Councilman, 23 it's not a simple thing, and we're not prepared to give up rights that we've already negotiated. Like the community -- and I guess this is a sign 106 1/31/01 - WHOLE - RES. 010020, 21, 22, of a good deal -- the Phillies also believe that they have given up significant amounts in the negotiations that took place in December. And while we are respectful and thankful for the cooperation that the community showed, we think people also need to be respectful and thankful of the significant compromises that the Phillies made in these negotiations, and we're just not prepared to make any further concessions at this time.
But you heard them 13 say they do not have any sense whatever that they 14 have ever agreed to what you say they agreed to. 15
You know, I think 21 what -- you know, forgive me, 'cause I don't mean 22 to be disrespectful but, you know, those of us who 23 are members of the bar are often accused of talking and occupying time but saying nothing, and that's the only interpretation I can make of your 107 1/31/01 - WHOLE - RES. 010020, 21, 22, statement. It seems to me so simple for the Phillies, if they had the proper motives, to come together in a moment's notice to say, Community, we understand your deep concerns, let's make it clear we were not -- we're not going to build there. I just can't see the difficulty in that. Unless you do intend to build there. Thank you, Madam President.
You're 12 welcome. 13 The Chair recognizes Councilman Clarke. 14
Thank you, Madam 15 Chair. 16 Madam Chair, I just wanted to state for 17 the record, understanding the nature of these 18 bills, this is only the beginning, and there will 19 be numerous commitments made both to the residents 20 on the participation plan and other issues as it 21 relates to this particular deal in both stadiums. 22 And I just want to state that you've shown a 23 willingness and a commitment to support me as a Councilperson as we've talked about the issues that are important to us in this particular 108 1/31/01 - WHOLE - RES. 010020, 21, 22, transition. And I just want to say that the support, as it relates to your needs for the community, will be there from this 5th District Councilperson as we move ahead, as we implement this particular project.
The Chair 11 recognizes Councilwoman Miller. Your light was 12 on? 13
No, I didn't push 14 my light; I think someone pushed it by mistake. 15 But I would also look to say, since 16 it's on, I'll say that, you know, certainly, I 17 think that the community has expressed, and I've 18 seen how patient you've been in understanding and 19 listening to their concerns, and I think it's 20 important that we listen to the concerns of 21 residents when such large facilities are going to 22 be built that will impact their daily living. 23 So you also have my support and the community has my support too to do whatever I can to support the efforts to satisfy everyone. 109 1/31/01 - WHOLE - RES. 010020, 21, 22, 2
Any other 6 questions or comments from members of the 7 committee? 8 (No further questions.) 9
Thank you. 13 Our next witness, I believe, will be 14 Mr. Martin. 15 (Witness comes forward.) 16
Mr. Martin, 17 thank you. I believe the letters have been 18 distributed to all Councilmembers. 19 Mr. Martin, do you want to read the 20 letters into the record? 21
Council President, I -- it 22 was not my intent to read the letters but, rather, 23 to --
Explain them? 110 1/31/01 - WHOLE - RES. 010020, 21, 22, 2
To provide a summary. My name is William Martin. I'm providing testimony on behalf of the Administration. And Mayor Street had asked me to put on the public record two letters, which were delivered to him earlier today. One letter is from the Philadelphia Eagles, dated January 30, 2001, addressed to the Honorable John F. Street, and it is signed by Joe Banner, re Eagles Professional Football Stadium. The second letter is from the Philadelphia Phillies, dated January 29, 2001, to Mayor Street from David Montgomery, re Phillies Ballpark. What each of these letters constitute are clarifications of the teams' respective economic opportunity plans, which were included as exhibits to the leases. And I'll just take a couple minutes to summarize first the Eagles letter and then the Phillies letter. But I think at its most significant points, the letter from Mr. Banner to the Mayor provides -- it references the Eagles' retention of the Greater Philadelphia Urban Affairs Coalition to provide assistance in 111 1/31/01 - WHOLE - RES. 010020, 21, 22, 2 monitoring the project, and it wanted to confirm 3 to the Council through the letter that the Eagles 4 have no plans to replace GPUAC, and if the 5 (indiscernible) was unable to continue to assist 6 with the project, the Eagles would advise the 7 Mayor and City Council and select a suitable 8 replacement. 9 The letter continues to confirm the 10 team's commitment to exercise good faith to 11 achieve participation percentages and goals of 12 35 percent for minority-owned businesses, 13 12 percent for female-owned businesses, and 14 2 percent for disabled-owned businesses in the 15 construction of the project. 16 And while the economic opportunity plan 17 provides for exceptions relating to certain 18 categories of the excluded items, the letter from 19 the Eagles emphasizes that exceptions are meant to 20 be limited in scope to a limited category of sole 21 source or specialty items and that the exceptions 22 do not diminish the commitment of the Eagles to 23 achieve participation in the project, consistent with its goals, and that even in the case of sole- source or limited-source contracts, quote, the 112 1/31/01 - WHOLE - RES. 010020, 21, 22, 2 Eagles will make good-faith efforts to include 3 MWDs/DBEs and contract the opportunities for 4 ancillary services. 5 The letter also points out in the 6 second paragraph of that GPUAC, in its role 7 as monitor, will be made aware of any contracts as 8 to which those exception provisions apply and the 9 basis for any exclusions, and that through the 10 regular reporting from the Eagles to GPUAC and the 11 oversight committee, City Council will be made 12 aware of letters. 13 The Eagles letter specifically 14 addresses some issues relating to its master 15 concessionaire. The Eagles had entered into an 16 agreement with a master concessionaire and 17 provides in this letter some clarifications 18 regarding that contract and the implications of 19 the economic opportunity plan. 20 At the bottom of , the Eagles 21 confirm that the team is required, through the 22 concessionaire, to adopt the plan's employment 23 levels to create maximum opportunities for permanent employment, and the concessionaire has agreed to make good-faith efforts to achieve those 113 1/31/01 - WHOLE - RES. 010020, 21, 22, 2 goals. 3 Just as importantly, over on , 4 the team confirms that there will be individual 5 retail vendor locations available within the new 6 football stadium, and that, at the bottom of the 7 paragraph on the top of , Mr. Banner advises 8 the Mayor that the team intends to undertake 9 good-faith efforts to achieve a level of 10 participation of MWDs and DBEs of 20 percent of 11 all food and beverage stands located at the 12 stadium. And it goes on to say that the actual 13 level of participation may be higher.
14 And then, just as importantly, the 15 Eagles state that they deem the contracts to be 16 let by the concessionaire for goods and services 17 to be subject to Part 2-B of their economic 18 opportunity plan so that that part of the plan 19 provides for levels of participation of 25 percent 20 minority, 13 percent female, and 2 percent 21 disabled business enterprises. 22 So I think that in its most significant 23 points summarizes the Eagles letter, which, of course, you have the specific text in front of you. 114 1/31/01 - WHOLE - RES. 010020, 21, 22, As to the Phillies letter, it also states on behalf of the baseball franchises the commits as they relate to GPUAC and the fact that there are no plans to replace that entity, and the Council would be advised and a suitable replacement selected if GPUAC was unable to assist in the project. And over on of the Phillies letter, the Phillies also confirm their commitment to any -- that the sole source and specialty items provisions are not intended to diminish the team's commitment to achieving substantial participation in the project, and that the Phillies will make a good-faith effort to include MWDs, DBEs, and contracting opportunities for ancillary services relating to sole source or specialty items. And then, again, the Phillies also remind the Mayor that GPUAC, as monitor, will be made aware of circumstances where the sole limited source exception is relied upon, the basis for that exclusion, and be able to report to Council as to how that exception is being utilized. So, again, these are clarifications of the economic opportunities plans. Which have been 115 1/31/01 - WHOLE - RES. 010020, 21, 22, 2 included as exhibits to the sublease. And I 3 appreciate the opportunity to advise the Mayor -- 4 or to advise the Council of these letters from the 5 Mayor. 6
Thank you. 7 Any questions from members of the 8 committee? 9 (No questions.) 10
Do we have 14 anyone else to testify on the resolutions before 15 us this evening? 16 (No response.) 17
Seeing none, 18 this committee stands in recess until 9 o'clock 19 tomorrow morning. Thank you. 20 (Adjourned at 8:25 p.m.) 21 - - - 22 23 116 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, January 31, 2001, were reported fully and accurately by me, and that this is a correct transcript of same. RE: COUNCIL COMMITTEE OF THE WHOLE RES. NO.'S 010020, 21, 22, 15 16 17 18 19 20 21 __________________________________, 22 JOSEPHINE CARDILLO, 23 Registered Professional Reporter