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Minutes

Committee Hearing, December 7, 2000

Philadelphia City Council Committee HearingsDec 7, 2000

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Organizations mentioned

Councilman Ortiz

We need to know what the projected economic impact, if any, so we can make a decision tonight. And this is what the problem is about doing --

Mr. Hankowsky

Councilman, we didn't introduce it.

Councilman Ortiz

I understand that, but it is on the floor.

Mr. Hankowsky

I cannot give you an economic evaluation.

Councilman Ortiz

And what is the economic impact on the Eagles if their naming rights are diminished by this?

Mr. Hankowsky

Oh, it could be from moderate to massively significant. It could be worth millions of dollars a year.

Councilman Ortiz

Could we hear from the Eagles?

Mr. Hankowsky

I guess that's your pleasure. Obviously, you could, it's a public 48 12/7/00 - WHOLE - STADIUM BILLS hearing.

Council President Verna

Councilman DiCicco.

Councilman Di Cicco

I just wanted to follow-up on that last statement by Councilman Ortiz. If it would have any significant effect on what the Eagles ability to borrow money to pay down the debt, that also could have an effect on the Eagles fulfillment to some of the things that we have requested in the deal, their contribute to the Children's Fund possibly. I mean, these are hypotheticals, I'm assuming. The Children's Fund, Special Services District because as their ability to pay down the debt may be diminished because they can't get as much with the naming rights if they had the full opportunity to do that, if the City were to do something separate and apart from them and assuming they would say it's the Comcast Sports Complex, meaning that when the Eagles go out to get naming rights for their facility, it would obviously, as you said, could possibly minimize their ability to get what they originally thought they thought they would get in the deal for the full naming rights and could affect everything, 49 12/7/00 - WHOLE - STADIUM BILLS basically.

Mr. Hankowsky

I just want to be --

Councilman Di Cicco

At this late hour I'm not sure if I'm making sense, but I'm trying to say that everything has an effect.

Mr. Hankowsky

I haven't been sure I'm making sense for about the last five hours but, Councilman, I just want to make clear for the record, though, that we believe that in terms of Children's Fund and Special Service District, those are obligations the deal. But I think your comment about could it have an impact. It could. We didn't introduce it. We don't have an economic evaluation of what it means one way or the other, but I acknowledge that there's clearly a possibility that something could have an impact.

Councilman Kenney

Madam President?

Council President Verna

The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you. One of the issues as it relates to this amendment is that even though in the beginning when we had discussions initially about financing these facilities, many of us questioned the issue of naming rights as to the 50 12/7/00 - WHOLE - STADIUM BILLS whether or not it should go to the City or whether or not it should go to the teams. I think very early on in this process we recognized, although it took us a little while to understand the fairness of it, that the naming rights were clearly property of the teams in order to make this financing deal work. Anything that would be pen to interpretation that the complex itself could, in fact, be named I think would certainly diminish the value of the naming rights of the buildings. I think, therefore, the amendment is needed for clarification so that the complex in fact won't be named and that the value of those buildings naming rights regardless of what that value is because only the market would be able to tell us. I'm sure the teams have some estimation of what it may be, should not be affected by having this open-ended piece in the deal.

Mr. Hankowsky

Just for clarity, Councilman, I'm not disputing what you just put on the record, but the what amendment does mechanically is it doesn't actually solve the problem; it creates the mechanism to solve the problem.

Councilman Kenney

It was a leap of 51 12/7/00 - WHOLE - STADIUM BILLS faith for us to begin with to recognize that within the industry naming rights are the property of the team and we wouldn't share all of them or any of it, that in fact we should maintain the value from their perspective.

Mr. Hankowsky

Right. Councilman, I believe, and Madam Chair, with your indulgence, I believe Councilman Kenney asked for a little bit of explanation of our opposition to the other bills, and I think I'd ask --

Council President Verna

Just a moment, please. Are there any other questions on Councilman DiCicco's bill? I see that Mr. Banner is here. I'm sure that he wouldn't have any objection to addressing this issue. Does everybody have a copy of it? Does any anybody have any other questions? Does anyone else have any questions on this particular amendment?

Councilman Kenney

Madam President, I believe they're making copies of it.

Council President Verna

While we are waiting then, Mr. Hankowsky, if you have information 52 12/7/00 - WHOLE - STADIUM BILLS on the other two amendments, I would appreciate your addressing them now.

Mr. Burrell

Madam President, for record, I'm George Burrell, Secretary of External Affairs for the Street Administration. And we have had no time to review the amendments that are proposed here.

Councilman Kenney

With all due respect, George, we haven't had time to review anything.

Mr. Burrell

And therefore, we would respectfully ask the Council to not look favorably upon them with respect to the box that is traditionally, I think, identified as the Mayor's Box in the stadiums. We would favor the Mayor, whoever the Mayor is, to continue to have the opportunity for that box. And with respect to the issues that relate to wages, we have spent a considerable amount of time in our MBE and WBE programs negotiating both the percentage participations on the contract side and on the employment side. We think those issues could be addressed there.

Councilman Kenney

Madam President, I 53 12/7/00 - WHOLE - STADIUM BILLS have a few questions.

Council President Verna

The Chair recognizes Councilman Kenney.

Councilman Kenney

While I recognize the exact nature of Mr. Burrell's comments about not being able to review, I guess all of us would somewhat be concerned about our own ability to review a stack of documents that is inches thick and be asked, as we will tonight, to vote on this and approve it. I find Mr. Burrell's explanation as to his opposition to my particular amendment a little weak and I would like to maybe flesh it out a little bit as why what is identified in the Eagles lease and Phillie's lease term is a City suite for City use should be used in the manner it's been used. I think part of the tradition 30 years ago was the City in fact owned the stadium. And I don't know the legislative history of how that was established, but would you not agree or would the Administration disagree that the use of this box in a market rate way to raise money for various charities that Council may designate would be an inappropriate use of a City-owned facility?

Mr. Burrell

I would not believe that 54 12/7/00 - WHOLE - STADIUM BILLS that is an inappropriate use. I simply believe that just as there is a suite available to whomever, this is not an argument that applies only to Mayor Street but or whoever the Mayor of this City is, I think those suites have traditionally been used to both entertain people who are voters and residents of the City of Philadelphia. They've been used very often, they've been used in this administration and all the way back to the Bill Green administration of which I was a part making the tickets available to charities to auction off and to participate in. And I think that those boxes have been used in a very significant way to benefit the citizens and the people of the City of Philadelphia. Are there other ways that can be achieved? Certainly, it could. I believe and the Administration believes that making that box available to the Mayor of the City of Philadelphia is an appropriate use.

Councilman Kenney

Well, Madam President, I would argue in that regard that I believe that there are instances wherein that City-owned facility, that luxury suite could be used to entertain executives and foreign dignitaries and other types of people that the City or the Mayor at 55 12/7/00 - WHOLE - STADIUM BILLS the time whoever he or she is would like to entertain. I think that could be accomplished within the confines of this amendment by simply having the Commerce Department or the Mayor's Office set aside a certain percentage of money in their budget to rent the box as any other corporation would rent the box to do that kind of entertaining for the public. I do believe that this is an opportunity we're going to waste in order to raise perhaps 150 to 200 or maybe more thousand dollars a year to help what we would all agree are worthwhile institutions that are being recommended in this particular amendment, and as the time goes on over the next 30 years, to give Council the opportunity to designate other worthy charities that could also take advantage of this money. I do not believe that this -- as a matter fact, what gave me the idea the Eagles lease terms and Phillies lease terms specifically refer to this as the City Suite, not the Mayor's Box. And I think that what gave me the idea to do it in the first place, and if the Administration wants to oppose it, I certainly understand the opposition, I don't happen to agree with it. 56 12/7/00 - WHOLE - STADIUM BILLS

Mr. Burrell

And I appreciate that, Councilman. And as I said, believe that there are a number of opportunities through the Cultural Fund, through the Philadelphia Activities Fund and through others to ho help in other ways in this government to help charitable activities. Yours is an appropriate use. I simply believe it's appropriate to have the Mayor of the City of Philadelphia have the opportunity to in fact entertain the types of people that you've talked about and which are in fact entertained there.

Councilman Kenney

Would the Administration agree, perhaps in a letter form in addition to whether or not this amendment rises or falls to agree that perhaps this box should not be used in any way for political fund-raising. In this Administration and the last -- not this Administration yet, but in the last administration has been significantly for a political fund-raising tool as opposed to City purposes.

Mr. Burrell

Well, when this box, as any facility owned by the City is used for political purposes. The person using it for that purpose must 57 12/7/00 - WHOLE - STADIUM BILLS both pay for the box and for the tickets. So it is not within the authority of the Mayor, neither for himself or for anyone else to simply give that box over for political purposes. I have not had the opportunity to discuss your suggestion with the Mayor. I would be able happy to do so but am not able to speak for him at this moment.

Councilman Kenney

Well, I do believe that if this amendment fails, it will be a lost opportunity to help two worthy charities in our City, and I would urge the members vote in favor of it. Thank you.

Councilman Ortiz

I do not believe that paying a living wage to workers needs a lot of study, given the current situation of these two bills that all of these bills that we have in front of us, I think the economic benefits that is going to be accruing to the teams is more than enough to be able to pass on to the workers that work in the two stadia a salary that would be both beneficial to the teams and to the workers.

Mr. Burrell

And I believe, Councilman, that there is no disagreement with the sentiment of are your amendment. However, there are a variety of 58 12/7/00 - WHOLE - STADIUM BILLS differing types of job that go on in the stadium that I don't know what the host of them. What we've tried to do in response to the lobbying and the suggestion and encouragement of a number of Councilmembers is to respond in this legislation to the WBE to the MBE requirements both on the side of contracting and on the side of employment and we would expect to be able to respond to that initiative there.

Councilman Clarke

Mr. Burrell, along the lines of those questions, there was a question raised earlier about what the prevailing wage is in the State of Pennsylvania. Does anybody on your team have a sense of what that prevailing wage is? There's a question about that. There should be a requirement currently at the existing stadium facility to pay prevailing wage.

Mr. Burrell

Councilman, I can't respond. I do not know the answer to that question.

Council President Verna

There has to be somebody.

Councilman Clarke

I'm being told by someone that it is currently a requirement that paid prevailing wages for -- that was the earlier 59 12/7/00 - WHOLE - STADIUM BILLS question. Now I want to know what it is. And I'm being told that it should be a requirement to pay prevailing wage currently in the existing stadium.

Mr. Burrell

Councilman, I cannot answer that question. I'll get the answer for you. My concern in responding to the amendment is there are part-time jobs, there are all kind of job opportunities in the stadium that may or may not within the confines of the labor laws of the Commonwealth of Pennsylvania where prevailing wages would be the applicable standard.

Councilman Clarke

Would there be a possibility, not to say that this particular amendment will not get supported, but would there be a possibility if somehow this amendment did not pass or either withdrawn, would there be a possibility to deal with that issue in the concession contract arrangement with the mass concession or the individual who has a contract for the janitorial services? I just don't have enough information at this time.

Mr. Burrell

I'm sorry, Councilman, could I just -- Bill Hankowsky. This is the deal expert. I don't want to say something that binds 60 12/7/00 - WHOLE - STADIUM BILLS him and others. What the Councilman has asked is if this particular amendment were held for today, would there be an opportunity in subsequent discussions that it could be the question of prevailing wages be dealt with, is there an opportunity for that to be addressed?

Mr. Hankowsky

Councilman, the distinction would be that if you do not pass this amendment, and obviously it doesn't become an obligation of the transaction, however, it's very clear in the amendments I went through we have to finalize team leases. And we can clearly have a dialog with the teams about how and in what manner you might be able to apply the living wage principal. And we won't be prohibited from doing that and it wouldn't be in conflict with the term sheet, so it's not -- you know, it wouldn't be materially inconsistent if we brought it back so we could look into it, yeah. It wouldn't stop us from trying to look into it. I can't tell you where we'd end up, but we could surely explore it.

Councilman Clarke

Your voice is kind of tailing off. 61 12/7/00 - WHOLE - STADIUM BILLS

Mr. Hankowsky

I'm sorry.

Councilman Clarke

I know it's late, but...

Mr. Hankowsky

We clearly can have a dialog.

Councilman Clarke

There are things that are going to be negotiated --

Council President Verna

Please, the noise level is much too high. We can't hear ourselves speaking. Anybody that wants to have a private conversation, please do so in the corridor. Councilman, please proceed.

Councilman Clarke

There are things associated with the aftermath of this particular action that we take tonight as it relates to the contractual relationship between the teams, the construction entities, the concessionaires, the janitorial services. And I'm assuming that that discussion has only been preliminary.

Mr. Hankowsky

Oh, absolutely.

Councilman Clarke

So the question is, in that discussion, is there something that can be put in the term, in the lease that would require prevailing wage? And frankly speaking, I'm just not 62 12/7/00 - WHOLE - STADIUM BILLS sure what that is and that's why I'm a little concerned about voting for an amendment not knowing exactly what that prevailing wage is.

Mr. Hankowsky

And I'm concerned, too, Councilman. And I don't want to dismiss a concept out of hand. I also don't want to promise something that we won't get. As you know, buildings like this have numerous part-time jobs that relates to its operation. It might have ushers, there might be concession employees.

Councilman Clarke

Was the prevailing wage requirement based on a 40-hour work week?

Mr. Hankowsky

Yeah, and I just don't know and I think we got to be careful that we don't put this buildings where the economics don't work in terms of what's normal practice. On the other hand, there are paid salaried employees who manage the building and as you said maintenance. I'd like to just -- we will clearly take an opportunity to look at it.

Councilman Clarke

Mr. Mariano can probably correct me on this. If a construction worker works 10 hours a week, he still gets prevailing wage; am I correct? I guess I'm trying 63 12/7/00 - WHOLE - STADIUM BILLS to get a sense if it's a part-time employee, why shouldn't that part-time employee get prevailing wage?

Mr. Hankowsky

I don't know, Councilman. I just don't know enough about it and we would have to look into it.

Council President Verna

The Chair recognizes Councilman Goode.

Councilman Goode

I'd like to take this opportunity to do short walk through Councilman Ortiz's amendment as a discussion, not to try to jam the amendment or anything, but on the campaign trail last year, because of my background in community economic development and my purpose for coming to Council is create economic opportunity, people were surprised at why I didn't necessarily support living wage legislation in the past. It's because I thought it was an undue advantage, actually, to larger businesses, that the legislation as presented in Council previously hurts small businesses and other community-based enterprises. My concern about how this amendment comes to us at last minute is that it doesn't necessary flow with the deal. Some people may think 64 12/7/00 - WHOLE - STADIUM BILLS that the amendment process here is political and who can amend these bills who can't. But when the Administration amends bills, of course, for their better knowledge of this deal, sometimes it flows. Sometimes when Council amends bills, sometimes it flows. In this case, I'm particularly concerned about language in this amendment dealing with issues like concession employees when if one of our goals is to take the concession contracts and make sure there's participation by economically disadvantaged businesses, I mean, my question to Councilman Ortiz is does he really want to exclude an opportunity for a Latino business or an African-American or a women business by forcing that business to compete at a level it can't if it can't pay that living wage? I mean, what is going to be your priority here, to ensure concession contracts for disadvantaged businesses and find ways to help them compete in this process in the economic content of this deal or is it going to be to interject a living wage argument?

Councilman Ortiz

My priority is that every worker that works in the stadium should get 65 12/7/00 - WHOLE - STADIUM BILLS paid above the minimum wage and benefits. The contractors be who they are. And definitely, the minority -- but they have to pay a wage that will give the workers that is toiling for them enough to be able to may the rent, clothe their kids.

Councilman Goode

What we want to do in reality here is create real economic opportunities for real economically disadvantaged businesses. If there are real businesses ready to provide these concession services that simply cannot. I'm not saying they should not.

Councilman Ortiz

The workers that provide the work in those concessions merit, merit because they walk up and down those stairs under the sun, they pour the beer.

Councilman Goode

This a philosophical amendment.

Councilman Ortiz

No, it's not a philosophical amendment.

Councilman Goode

It clearly is not working. It's working.

Councilman Ortiz

A living wage is a living wage; it's not philosophy.

Council President Verna

Gentleman, 66 12/7/00 - WHOLE - STADIUM BILLS please do not have conversation among yourselves.

Councilman Goode

I'm questioning him about his amendment.

Councilman Ortiz

It's not a philosophical amendment. It is an amendment that today the individuals that are lower level of the skill level get paid nothing from the janitorial staff on up. And then profits are made on their backs, and I do not believe that whether you're black, Puerto Rican, Asian or whatever that you should make an excessive profit on the back of other people.

Council President Verna

Councilman Goode.

Councilman Goode

I just wanted him to clarify his position on it. I mean, my position on it is that any business that can afford to pay a living wage in terms of it's profit margin should py living wage. I don't think we can on the front end determine that every disadvantaged business that we hope will benefit from this deal will be able to pay a living wage. He's clearly said that his priority in this is to philosophically say that all workers have to be paid a set amount regardless of how it 67 12/7/00 - WHOLE - STADIUM BILLS works economically and generally and how it works out economically for specifically disadvantaged businesses which we're trying to give opportunities here.

Councilman Ortiz

I believe that any business that gets a contract at any of these stadiums is going to be able to pay a wage that is --

Councilman Goode

You don't know that.

Councilman Ortiz

You don't know it either that they're not.

Councilman Goode

You don't know unless you look at their books.

Councilman Ortiz

They're going to be able to pay a commensurate wage.

Councilman Goode

You --

Councilman Ortiz

And if they don't, they have not negotiated a contract that is good enough for them to be able to do it. If they cannot do that, then they should not be in the business.

Councilman Goode

Thank you for clarifying your position.

Councilman Ortiz

Yes, indeed.

Council President Verna

Thank you. At 68 12/7/00 - WHOLE - STADIUM BILLS this time I would like invite Chuck Hardy to the podium. He's attorney for my constituents who live in the stadium complex. As they're walking up, they've been here since o'clock. 6 (Applause.) 7

Council President Verna

I want to 8 thank the Mayor and the community in addressing the 9 problems that people have had to endure for almost 30 years. I also want to take the opportunity to thank the community for the countless hours that they have worked on this issue, and we're certainly very grateful to the teams for their cooperation in working out the Special Service District in a true spirit of cooperation. So with that, Mr. Hardy, I say thank you. And at this time I would like to recognize you.

Mr. Hardy

Thank you, Council President Verna and members of Council. My name is I'm Chuck Hardy. I'm from the law firm of Sprague & Sprague.

Council President Verna

Excuse me, Mr. Hardy. Please, we are trying to conduct business. Let's give our speakers respect. Thank you. Mr. Hardy.

Mr. Hardy

Thank you, Council 69 12/7/00 - WHOLE - STADIUM BILLS President. Members of Council, standing behind me are representatives of the five community groups that represent the neighborhoods that will be most affected by the development of new stadiums in South Philadelphia, as they have been the most affected neighborhoods over the past 30 years by the Veterans Stadium and other stadium facilities located in South Philadelphia. They are long-suffering people. The civic associations I represent are the Packer Park Civic Association, Veterans Stadium Neighbors, Stadium Community Council, Inc., the South Philadelphia Communities Civic Association, and Broad Street West. The representatives of these groups have been working day and night for the last 10 days with Council President Verna, with the Mayor, with the teams and with representatives of various interested parties to see if it would be possible in the development of new stadiums in South Philadelphia to protect and enhance, if at all possible, the quality of life in the neighborhoods surrounding the stadium complex. I am please to report this morning that after discussions regarding many issues relating to 70 12/7/00 - WHOLE - STADIUM BILLS scheduling, relating to impacts on the community, relating to uses of parking areas, relating to noise from aircraft overhead and dozens and dozens of other issues that the communities have come together and speak with one voice and are united in saying that they feel comfortable that if the package of 8 bills, as amended, is reported out by the Committee 9 of the Whole and are enacted that the interest of 10 the community will in all likelihood be well 11 represented and protected in the course of the next 12 three or four years of intensive construction and 13 demolition and, hopefully, for many, many years thereafter of active use of all these facilities, hopefully, by very, very successful sports teams. Thank you.

Council President Verna

Thank you.

Mr. Hardy

And I'd like you to, if I could again recognize the representatives of the civic associations who are here with me. (Applause.)

Council President Verna

Thank you very much.

Council President Verna

Are there any other questions from members of the committee on any 71 12/7/00 - WHOLE - STADIUM BILLS one of the bills and/or amendments? The Chair recognizes Councilwoman Miller.

Councilwoman Miller

I just have a couple questions about some of the terminology that's in the MBE WBE statements here. On the Eagles construction part of the contract of the statement, around the seventh sentence talk about the fact that the percentage of participation will be based on the total construction costs including change orders add-ons and the scope adjustments but shall not include construction work performed by sole source contractors or contractors that perform unique specialty services. Could you expand and explain what that means exactly and what percentage of a normal job would fall under sole source and/or specialty services?

Mr. Hankowsky

Councilwoman, I'll try to be responsive. I would actually say probably in a normal job, you build an office building or a warehouse, there would be very little of this. Actually, what raises this is the fact you're building a stadium. I think a very good example is the colored huge TV score board that you'll have in 72 12/7/00 - WHOLE - STADIUM BILLS a stadium that does the replays. Ours in Philadelphia happens to be kind of old. I know we've talked over the last couple weeks, you don't attend a lot of sports events, but if you went to the --

Councilwoman Miller

I might start attending.

Mr. Hankowsky

You should start. Maybe that will be the result of this process. If you go to the new facility in Baltimore, they have a score board that's almost a whole one side of the building and it's like you're watching a TV; it's that huge. Well, that is made, I think, by a single company. There's a company makes it. One company makes it. And I use that example. If the Eagles want to have something that's that exciting in their building, this gives them the capability, well, they have to buy it. There are no MBEs WBEs to do it and so they just didn't want to be penalized that that might happen. There might be some other kind of unique -- I don't know anything about them, who makes goal posts or maybe there's something else that's unique that would fall under that category. That's what it's 73 12/7/00 - WHOLE - STADIUM BILLS meant to cover.

Councilwoman Miller

So that that's unique and specialize and it won't really be a whole bunch of that on this project?

Mr. Hankowsky

Well, a score board might be expensive, but it's those of kind of items. There are not a lot of items, but they might be expensive items.

Councilwoman Miller

Okay. And also, where it says that the -- I think it's 1 o'clock in the morning and I'm just a little bit tired. Hold on. I'm still going to be in the same paragraph. I have to find my sentence. Oh, okay. The second paragraph from the bottom that's where it ends. It says, "But will not be required to contract with entities that are not the lowest responsible and responsive bidders or are not otherwise competitive with respect to service, time and price." Can you tell me what that means a little bit? How will you then select a contractor?

Mr. Hankowsky

I think the example might be, Councilwoman, as you know, as I guess we all know, what it drives us here this evening at 74 12/7/00 - WHOLE - STADIUM BILLS 1:15 is this very tight schedule. So let's just say that the Eagles bid out a piece of work that absolutely has to get done within 60 days. Might even be like the demolition of T-Warehouse. And a firm responds and they're lowest but they say, "It will take us four months to do it, not two months." That's not a responsive bid, that's not what we want, we need it done now. So there are issues that come up like that that they have a capability to say we have to pick who meets the requirements of what we need to get done in terms of service, time and obviously, as you recall, we also put on them the obligation for any cost overruns so they have a budget. And I'm looking at Councilman Mariano who's familiar with the construction industry. If you think a sewer is supposed to cost a hundred thousand dollars and comes in twice that price, you're probably going to re-bid it and try to get it in at price.

Councilwoman Miller

Okay. One of the things that -- I just want to make sure that whatever we do there's a mechanism in place, because a lot of times this looks good on paper, but in practice there are problems. And if problems, 75 12/7/00 - WHOLE - STADIUM BILLS whether they're big problems or not small problems occur, there needs to be some kind of mechanism that we think about in the beginning. And I learned that from the Kvaerner project. Down here in the back it says that you're going to have an oversight committee. "The Eagles agree to participate regularly on an oversight committee to monitor overall compliance." So who will be members of the oversight committee. Will that be a combination of the city, the teams, Greater Urban Coalition? That's a at the top.

Mr. Hankowsky

Right. I don't believe the committees have been established, but I think you're absolutely right, Councilwoman. It would include City representation, the teams, and probably organizations that participate in these kinds of activities. I think I just want to, Councilwoman, because we dealt collectively with some of the problems that came up in the Kvaerner project which I think we talked about this on the floor of Council several days ago. That was a situation where perhaps -- and I'm not excusing it, okay? Perhaps 76 12/7/00 - WHOLE - STADIUM BILLS it was an foreign company came here and they didn't understand that when they signed up for it, it meant do it. I think it is absolutely clear that the Eagles and the Phillies understand they're signing up for something and they need to do it.

Councilwoman Miller

Because if we start using words like best effort, diligent, you know, all those kind of terms, they sound good but then in practice my ability to be -- my level of diligency could be different from yours, and we just need to make sure that we have a mechanism in place that's truly going to monitor and I would ask that the Administration can -- that we from City Council can have a representative on the oversight committee as a part of the Administration's representation.

Mr. Hankowsky

I'll be happy to share that with the Mayor and I'm sure he'll be receptive, Councilwoman.

Councilwoman Miller

Thank you.

Mr. Hankowsky

Thank you.

Council President Verna

Councilwoman, are you finished?

Councilwoman Miller

Yes. Thank you. 77 12/7/00 - WHOLE - STADIUM BILLS

Council President Verna

Are there any other questions from members of the committee? Are there any other questions from members of the committee? Since there are none, we will conclude our public hearing and go into our public meeting. - - - 78 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING COMMITTEE OF THE WHOLE - - - Thursday, December 7, 2000 - - - Public Meeting conducted by the Committee of the Whole, held in Room 401, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILL NOS. 000705, 000706, 000721, 000722, 000723, 000724, 000725, 000726, 000728, 000729, 000730, 000731, 000732, 000733 - - - PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DI CICCO COUNCILMAN WILSON W. GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO - - - 79 PUBLIC MEETING

Council President Verna

The Chair recognizes Councilwoman Blackwell regarding Bill No. 4 000705.

Councilwoman Blackwell

Madam President, I move that Bill 000705 be adopted as amended.

Council President Verna

The amendment is reflected in your pink bill. We had a previous hearing. Does anyone want to look at it before you vote on it? Do I hear a second. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Bill No. 16 000705, as amended, be reported out of committee with a favorable recommendation, also a recommendation that the rules of Council be suspended so as to permit first reading at our next Session of Council. The Chair recognizes Councilwoman Blackwell regarding Bill No. 000706.

Councilman Kenney

Are we voting on the Administration's bills together at once?

Council President Verna

Well, we have 80 PUBLIC MEETING to amend them first.

Councilman Kenney

What was offered now is an amendment to Bill 000705?

Council President Verna

We had a hearing on 000705 previously, if you recall, and we just kept rolling the hearing dates. 000705, we have the pink bill and it reflects the bill.

Councilman Kenney

So what's motion?

Council President Verna

To adopt the amendment and suspend the rules. That's what we just did. Okay? It's already reflected in the bill.

Council President Verna

Bill 000706 amendments were introduced this evening. Everybody received a copy of it in regards to scheduling. It schedules the repair of the Vet. Does everybody have a copy of it and know what it is? It's regarding the Vet repairs. You want to make a motion?

Councilwoman Blackwell

Madam President, I move that Bill 000706 -- Madam President, I move that the amendments to Bill 000706 be adopted. (Duly seconded.) 81 PUBLIC MEETING

Council President Verna

It has been moved and properly seconded that amendments regarding Bill No. 000706 be approved. All in favor will signify by saying aye. (Aye.) Those opposed?

Councilman Cohen

No. 9

Council President Verna

The record will reflect that Councilman Cohen voted no. 11 The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Madam President, I move that Bill 000706, as amended, be adopted and reported out of committee with a favorable and that the rules be suspended so as to permit first consideration at this Session of Council -- I don't know if we'll figure it out tonight, but we'll try to get it done.

Council President Verna

It has been moved and properly seconded that Bill No. 000706, as amended be reported out of committee with a favorable recommendation, also a recommendation that the rules of Council be suspended so as to permit first reading at our next Session of Council. 82 PUBLIC MEETING All in favor will signify by saying aye. (Aye.) Those opposed?

Councilman Cohen

No. 6

Council President Verna

The record will reflect Councilman Cohen voted no. 8

Councilman Cohen

Madam President, because I believe public monies are so vast and unjustified for this project and because I also believe it creates all kinds of legal questions and because it's impossible to separate these bills and the amendments from the bills, I will be voting no 14 on every bill and on every amendment offered by the Administration in support of this transaction. That does not refer to the amendments offered individually by Councilmembers tonight.

Councilman Kenney

Plus, Madam Chairman, in 30 years from now he doesn't want to have to justify his vote. (Laughter.)

Councilman Cohen

That's true.

Council President Verna

We're now going to be considering bill 000721, 000722, 000723, 000724, and 000725. The Administration did submit 83 PUBLIC MEETING amendments which will now be considered. We'll do them individually so there's no legal problem Councilman, okay? The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move that the amendments to Bill 9 000721 be adopted.

Council President Verna

It has been moved and properly seconded that the amendments to Bill No. 000721 be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed?

Councilman Cohen

No. 17

Council President Verna

The ayes have it and the amendment has been adopted. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Madam President, I move that Bill 000721, as amended be --

Councilman Kenney

I'm sorry. Point of order.

Council President Verna

Yes. 84 PUBLIC MEETING

Councilman Kenney

Maybe we can get clarification from the Chair. Should we not be dealing with the amendments offered by myself, Councilman Ortiz, and Councilman DiCicco before we vote that 000721 or 000722 out of committee?

Council President Verna

I forgot about your amendment. How could I do that? Bill No. 000721, we have an amendment from Councilman DiCicco regarding the naming rights. Councilman.

Councilman Di Cicco

Thank you, Madam Chair. I move for the adoption of the amendment to Bill 000721. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that Councilman DiCicco's amendment on Bill 000721 be adopted. All in favor will signify by saying aye. (Aye.) Those opposed? The ayes have it. The amendment has been adopted. I believe there is another amendment offered by Councilman Kenney. 85 PUBLIC MEETING

Councilman Kenney

Madam Chair, I move the amendment on the City suite on Bill No. 000721. (Duly seconded.)

Councilman Kenney

I'd like a roll call, please.

Council President Verna

Roll call. Is Ms. Rafferty here? Just a roll call, Pat.

Ms. Rafferty

Councilwoman Blackwell.

Councilwoman Blackwell

No. 12

Ms. Rafferty

Councilman Clarke.

Councilman Clarke

No. 14

Ms. Rafferty

Councilman Cohen.

Councilman Cohen

Aye.

Ms. Rafferty

Councilman DiCicco.

Councilman Di Cicco

Aye.

Ms. Rafferty

Councilman Goode.

Councilman Goode

Nay.

Ms. Rafferty

Councilman Kenney.

Councilman Kenney

Aye.

Ms. Rafferty

Councilwoman Krajewski.

Councilwoman Krajewski

No. 24

Ms. Rafferty

Councilman Longstreth.

Councilman Longstreth

No. 86 PUBLIC MEETING

Ms. Rafferty

Councilman Mariano.

Councilman Mariano

No. 4

Ms. Rafferty

Councilwoman Miller.

Councilwoman Miller

No. 6

Ms. Rafferty

Councilman Nutter.

Councilman Nutter

Aye.

Ms. Rafferty

Councilman Ortiz.

Councilman Ortiz

Aye.

Ms. Rafferty

Councilwoman Reynolds-Brown.

Councilwoman Reynolds-Brown

Aye.

Ms. Rafferty

Councilman Rizzo.

Councilman Rizzo

No. 15

Ms. Rafferty

Council President Verna.

Council President Verna

No. 17 Very close vote. Six yeses, nine nos. The amendment fails. The Chair recognizes Councilwoman Blackwell -- The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Madam Chair, I move that the amendment on Bill 000721 be approved. (Duly seconded.)

Council President Verna

It has been moved and properly second that amendment to Bill No. 87 PUBLIC MEETING 000721 be approved. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No.)

Council President Verna

Roll call.

Ms. Rafferty

Councilwoman Blackwell.

Councilwoman Blackwell

No. 10

Ms. Rafferty

Councilman Clarke.

Councilman Clarke

No. 12

Ms. Rafferty

Councilman Cohen.

Councilman Cohen

Aye.

Ms. Rafferty

Councilman DiCicco.

Councilman Di Cicco

Aye.

Ms. Rafferty

Councilman Goode.

Councilman Goode

No. 18

Ms. Rafferty

Councilman Kenney.

Councilman Kenney

Aye.

Ms. Rafferty

Councilwoman Krajewski.

Councilwoman Krajewski

No. 22

Ms. Rafferty

Councilman Longstreth.

Councilman Longstreth

No. 24

Ms. Rafferty

Councilman Mariano.

Councilman Mariano

Aye. 88 PUBLIC MEETING

Ms. Rafferty

Councilwoman Miller.

Councilwoman Miller

No. 4

Ms. Rafferty

Councilman Nutter.