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Minutes

Committee Hearing, April 7, 2003

Philadelphia City Council Committee HearingsApr 7, 2003

People mentioned

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

Organizations mentioned

Councilman Cohen

So in fact it is a state program carried out by the City but funded by the state?

Mr. Simmons

That's correct. 91 4/7/03 - Committee of the Whole

Councilman Cohen

Do the employees get checks reading "Commonwealth of Pennsylvania" or "City of Philadelphia"?

Mr. Simmons

City of Philadelphia.

Councilman Cohen

So you are City employees. So the funds come from the state, but apparently they go into the general fund?

Mr. Simmons

Is that correct?

Mr. Blakney

No, there is no general fund money. It is just state money, grant fund money.

Councilman Cohen

What's that?

Mr. Blakney

Grant funds pay for the program.

Councilman Cohen

Grant money, but the City gives you the check?

Mr. Blakney

That's correct. The money comes into the City.

Councilman Cohen

Into the City. I would like to have an idea of what you think you could effectively do and whether there is any followup of those who complete either the six-month or the year program.

Mr. Simmons

No problem. 92 4/7/03 - Committee of the Whole

Councilman Cohen

And I would like to ask that they be recalled later this afternoon or tomorrow, whenever the next session is, Madam Chair, because my questions would be dependent upon the answers I guess.

Mr. Simmons

Certainly.

Councilwoman Tasco

You are requested to return tomorrow afternoon.

Mr. Simmons

No problem.

Councilwoman Tasco

Unless you get the information before we adjourn today.

Mr. Blakney

Tomorrow afternoon will be fine.

Councilwoman Tasco

Any other questions? I have a couple of questions. Let me ask you a couple of questions here. Do you have any advisory board for the Mayor's Office of Community Service?

Councilwoman Tasco

How many members, who are they, and how are they selected?

Mr. Blakney

There are state guidelines for how the boards should be composed, which is somewhat unique for community action agencies of 93 4/7/03 - Committee of the Whole which MOCS is one in the State of Pennsylvania. Currently there are 36 advisory board members and the composition is that there are members that 5 are actually appointed by the Mayor. These people 6 have ties to City or government agencies. There are 7 also 12 people who can be appointed by the Mayor if 8 he decided to do so. Those 12 people actually 9 represent the corporate and business community 10 within the City of Philadelphia. And the last third 11 is actually composed of people who represent low 12 income communities throughout the City of Philadelphia.

Councilwoman Tasco

And how are they selected?

Mr. Blakney

There are actually elections held every two years in various communities. We actually break down the City into clusters of zip codes and elections are held in each of those clusters to produce the 12 low income community representatives.

Councilwoman Tasco

Who votes?

Mr. Blakney

The communities themselves actually vote.

Councilwoman Tasco

How do people know 94 4/7/03 - Committee of the Whole there is an election?

Mr. Blakney

The elections are actually advertised through leaflets. We advertise through community newspapers and also through community-based organizations.

Councilwoman Tasco

How many area offices do you have?

Mr. Blakney

At this time we actually have ten different program sites and most of those sites also serve as area offices where people can access MOCS' various programs through those particular sites.

Councilwoman Tasco

And they are determined by the income level? Is there an income requirement where you place your offices?

Mr. Blakney

Income of the community itself?

Councilwoman Tasco

Community, a census tracks.

Mr. Blakney

All of the sites were in place prior to my appointment as executive director, but I do know that the history of MOCS does suggest that each of the programs were placed based on the need of the community. All of the programs do not 95 4/7/03 - Committee of the Whole necessarily provide the same services. For example, you have heard from Mr. Simmons, the director of supportive work program, and at that particular site that's the service that is primarily delivered there; however, people can through that site access other MOCS programs.

Councilwoman Tasco

Have you ever presented to us -- we get so much paperwork -- the location of your various sites? Do we have that information?

Mr. Blakney

Yes, we have provided that and we can do it again if necessary.

Councilwoman Tasco

Could you do that? And, also, I would like to see the advisory board list of who are the members of the advisory board. What does the advisory board do?

Mr. Blakney

The advisory board is really advisory in nature in that the board helps the staff and the administration primarily decide whether the agency is moving the way it should be, whether we're actually keeping in step with our mission, whether we are delivering services as effectively and efficiently as possible. The board has also been very 96 4/7/03 - Committee of the Whole instrumental in helping to inform various communities within the City of what MOCS programs actually entail. The board also is very instrumental in making the agency's staff aware of what issues or concerns particular communities have regarding our programs. There have been a number of modifications and changes to MOCS programs as a result of recommendations of board members, so the board is an integral part of the actual planning and delivery of services.

Councilwoman Tasco

Thank you very much. Are there any other questions? Thank you. You will provide that information tomorrow along with your other information?

Mr. Blakney

Certainly.

Councilwoman Tasco

Thank you. Recreation? Councilman Nutter, since you are the only Council Member left, do you have questions for the Recreation Department?

Councilman Nutter

Yes. This is one of the first times I got to go first. There are a couple items regarding Recreation, Madam Chair. The 97 4/7/03 - Committee of the Whole first is with regard to the transfer of sites between Recreation and Fairmount Park. There was a response that came to us recently regarding transfer dates and number of persons transferred. I needed to better understand where the facilities and the community groups that support these facilities and the larger community, where are they in terms of the process of a discussion about this transition and transfer regarding these facilities?

Mr. Richard

For the record, Vic Richard, recreation commissioner. The first meeting that is scheduled is on April 15. Well, that would be the second one. We have one this week that we will meet with the Gustine Lake community and that will just be one portion of it. On April 15 we also have another meeting scheduled with the Papa playground community organizations, and I don't have my schedule with me.

Councilman Nutter

Commissioner, I'm sorry. Can you tell me when the Gustine meeting is.

Mr. Richard

It's one day this week. I don't have my schedule with me.

Councilman Nutter

And who would you be meeting with from Gustine Lake? 98 4/7/03 - Committee of the Whole

Mr. Richard

I don't have all of that information in front of me. I believe you are scheduled to attend that meeting as well. I think one of the Fairmount Park commissioners is going to be there, Mr. Bloom, yourself, myself as well.

Councilman Nutter

I'm aware of that particular meeting, but that meeting is about the Arthur Ashe tennis facility supposed to be located at that location.

Mr. Richard

Correct.

Councilman Nutter

I do not believe it is specifically or even generally about transitioning of Gustine Lake from Fairmount Park to Recreation because the primary purpose of the meeting is actually to talk about some unresolved community issues around the use of the proposed outdoor courts at Gustine coming from the possible construction by the Arthur Ashe Tennis Center. Gustine Lake in terms of a recreation use is not only utilized by the local community but has historically had an even larger, almost citywide level of activity, so when we talk about talking to the community, at a traditional recreation center it is usually the people in the neighborhood. Gustine 99 4/7/03 - Committee of the Whole is slightly unique in that particular regard, so I'm quite interested in who we are actually going to talk to about Gustine Lake, but the meeting that you are referring to, my recollection is, is specific to the tennis courts and unresolved issues of community use of those tennis courts, not about transfer of facility.

Mr. Richard

I had also planned to make contact and use some of that time to reach out to any community members as well. I also have a meeting scheduled with yourself I believe -- I just got confirmation -- next Monday, so you and I can talk in more detail and I can give you some of the recommendations that I would like to make to you and also get your input back as well as we continue to begin.

Councilman Nutter

And you said you are going to be setting up meetings with the advisory groups or other community people for all six or seven, I guess, of these facilities?

Mr. Richard

That is correct. We are going back to Papa. I personally visited Gustine Lake. I believe the leader is about to retire, if he hasn't already, so I'm going to make sure that we 100 4/7/03 - Committee of the Whole have a new leader in place as well. I have made two personal visits to Hunting Park already along with the PAL unit as well, Papa, Cobbs Creek and I am personally getting involved to make sure that I reach out and meet one on one and as a collective unit with every agency and Monday you and I will share even more when we do meet as well and I will take the recommendations that you bring.

Councilman Nutter

I'll look forward to that.

Mr. Richard

Thank you.

Councilman Nutter

When we were last together -- I did receive the materials that your office, you and the office, provided -- from your testimony back on March 3, we had a discussion about teen centers as well as after-school programs and six recreation centers. I could not determine from the response whether or not there will actually be a teen center or an after-school program located in the fourth district as a result of our discussions. And if it is in the response or any of the attachments, you can certainly direct me.

Mr. Richard

I know there is no teen center that is scheduled to be done in your 101 4/7/03 - Committee of the Whole district.

Councilman Nutter

Is or is not?

Mr. Richard

Is not, sir.

Councilman Nutter

And the issue there I believe was one of funding?

Mr. Richard

Correct. The immediate -- the initial funding was relative to the criteria that was used based on the crime stats, an intentional target, and the funding was grant funding that was awarded. It is not that it can't be done. If it is funded, one of my first recommendations that I would see within your district would be for us to continue what we have started at Shepard. I have also had a recent meeting I want to say a week before last and maybe two weeks ago with the advisory group and the staff at Tustin as well.

Councilman Nutter

Okay, but now, to be more specific, what steps need to take place in order to resolve both the teen center issue as well as the after-school program issue during the course of this budget season? What needs to happen?

Mr. Richard

The selection of a site and the funding for us to actually perform the work. 102 4/7/03 - Committee of the Whole

Councilman Nutter

I think in at least one case the teen center -- I believe the proposed site would be Shepard, correct?

Mr. Richard

Yes, sir. I mean that facility is the one that's closest, ready to go, based on the work that has just been accomplished there.

Councilman Nutter

So what's the funding barrier and how do we overcome that issue? How much money are we talking about?

Mr. Richard

You are looking at about a hundred to 125 to do Shepard and that is to purchase the rest of the equipment and also to put at least one but preferably two young teenagers in there to work with the staff and to attract the teens and to do the more specific programming.

Councilman Nutter

The hundred to 125, is that capital?

Mr. Richard

No. That would cover the salaries for the two-part young people. We employ in the teen program two teenagers roughly between the ages of 18 to to interact and to do the 24 majority of the programming in the community and the rest of it would go to the supplies and equipment 103 4/7/03 - Committee of the Whole that is needed, the setting up of the game room, concession, food, movie stuff and things like that, the actual programming and supplies.

Councilman Nutter

Are those considered operating expenditures, or are they capital expenditures?

Mr. Richard

These would be operating. We have done the majority of the capital work to that particular facility already.

Councilman Nutter

And how much operating expense for all the other items that you mentioned?

Mr. Richard

That would include that.

Councilman Nutter

That's all within the 125?

Mr. Richard

The 125, yes, sir.

Councilman Nutter

What are the possible sources of these funds, or how are the other -- how many teen centers are there?

Mr. Richard

There's three and number four is about to start.

Councilman Nutter

Is that Kingsessing?

Mr. Richard

Kingsessing opened in October. We're a couple weeks away from opening 104 4/7/03 - Committee of the Whole Francis Myers.

Councilman Nutter

Oh, Myers was the --

Mr. Richard

Yes, sir.

Councilman Nutter

How are those funded?

Mr. Richard

They are funded through the juvenile justice block grant.

Councilman Nutter

And you're saying there is no money out of that block grant for a teen center at Shepard?

Mr. Richard

Presently there is none, but for us to be able to reapply for more money --

Councilman Nutter

What other funding sources have we explored?

Mr. Richard

I haven't explored any others, not at the present.

Councilman Nutter

Commissioner, I would like a teen center at Shepard Recreation Center, and I would like it in the course of this fiscal year, so I need somebody to tell me when and where we are going to get the hundred to $125,000 in order to make that happen. I mean this is a two-year-old discussion now. I think we had some of this discussion last year about a teen center in 105 4/7/03 - Committee of the Whole West Philadelphia. We may not have been specific on the site. I think we had a geographic conversation.

Mr. Richard

Okay. When we meet Monday, I will talk to you in more detail and I'll bring you different funding sources that we may be able to use.

Councilman Nutter

Who makes a decision on which funding sources are available or which is going to be utilized? Where does that decision rest?

Mr. Richard

It goes through at that time the director of social services, the managing director along with DHS direct department.

Councilman Nutter

So we have you, we have Commissioner Martinez, and the managing director. Those are the three people involved in this.

Mr. Richard

Pretty much. I might have missed one or two. We use statistics from the Police Department as well, but, yes, that's the biggest one.

Councilman Nutter

The 19th District is not exactly some days Shangrila.

Mr. Richard

I'm not disagreeing with 106 4/7/03 - Committee of the Whole you, Mr. Councilman. I will have something for you on Monday when we meet.

Councilman Nutter

Are you going to have a list of potential funding sources or are you going to have a decision? Because that's what I'm really interested in. I don't need another list of potential funding sources. What I need in the course of this budget year is a decision with a definite date and when it's going to start. That's what I need.

Mr. Richard

I may defer the question to Mr. Dubow.

Councilman Nutter

Let's get Mr. Dubow. We have the commissioner. Is the managing director around? I mean I would really like to get to the end of this.

Mr. Dubow

Rob Dubow, City's budget director. I've heard the discussion and we will get you a decision on the center during the course of this budget process.

Councilman Nutter

So the commitment here is prior to a vote on the budget we are going to have a decision on this particular issue. 107 4/7/03 - Committee of the Whole

Councilman Nutter

And the decision is?

Mr. Dubow

I don't know, but we'll have it for you in this process.

Councilman Nutter

Are you going to be involved in seeking additional funding for this?

Councilman Nutter

Is the managing director around?

Mr. Dubow

I don't know where the managing director is.

Councilman Nutter

Well, it always falls to you. I think you are one of the highest ranking people in the room. Can you find out where he is?

Mr. Dubow

Yes, we will find out where he is.

Councilman Nutter

Commissioner, while we are waiting on the search for the managing director, can you tell me about the after-school program?

Mr. Richard

What particular -- are you talking about the TANF piece?

Councilman Nutter

I believe that's 108 4/7/03 - Committee of the Whole funded through TANF. You have six of them, and I also asked the question back at budget time when you were here for your regular testimony about locating an after-school program in the 4th District because there is none presently, the state license.

Mr. Carapucci

Councilman Nutter, this is Bill Carapucci. We have about eight after-school programs within your Councilmatic district. We just opened up one with private funding at Shepard.

Councilman Nutter

Is this the same as the one that's mentioned or the same type that is mentioned on of the testimony?

Mr. Carapucci

No, sir.

Councilman Nutter

"Recreation will be offering state-licensed after-school programs in six recreation centers in FY '04. Simons, Christy and Tarken received licenses in FY '03." Is that what we are talking about?

Mr. Carapucci

No. The regular after-school programs, Councilman, we have eight of them in your district. The six that you are talking about, the ones that are potentially going to receive some money from the state, does not identify yet in your district. 109 4/7/03 - Committee of the Whole

Councilman Nutter

What are we going to do about that?

Mr. Carapucci

Hopefully we will be able to within this fiscal year identify one. We are still working on these other six. It has been probably about a two- or three-year process to get to as far as we are now with this because this is a whole new venture for us. We made some progress at Simons, at Tarken and Christy because they have had a long history of working on this program. But we will definitely identify a site within your Councilmatic district and I will have that site to you by next Monday when you meet with the commissioner, a site that we can work on, not a site that I can say to you within six months it will be up, but we will work on making it up. We have to do some capital work at the sites. We have to meet with the local advisory council and we will have to deal with -- we want to put it in a site where there is a successful after-school program already and it could just be upgraded to meet state standards. So we will definitely come up with one within the next couple weeks, possibly Shepard.

Councilman Nutter

You may not be able 110 4/7/03 - Committee of the Whole to bring all sites on-line at one time and I can certainly understand how complicated that would be. Last year I would have said that I was concerned. This year I'm going to say I'm now offended at what appears to be a certain nonprioritizing of the needs of kids and young people and the not so young in certain areas of the City because even if all the centers couldn't come on-line at the same time, it seems to me that the identification process and the prep work process should be done simultaneously in order to legitimately and fairly serve people throughout the City. I do not understand this concept of until your neighborhood either falls apart or until all the kids are out trying to kill each other you don't get anything and there's not even something put on the drawing board to indicate when it might come. Again, I understand you can't do them all at the same time. Kids are kids and neighborhoods are neighborhoods and they all have their needs at a certain baseline level. And some will always need a little more than others and I understand that and that actually is fair, but to have some get something and the rest get nothing, not even a 111 4/7/03 - Committee of the Whole thought, not even a pin on a drawing board or a map to say when funding is available, this is where we are going to go. We have identified the site. We know what the dollars are. We know what the needs are because we think that these kids deserve something as well, I'm now in the realm of being offended because we are not thinking beyond what we can do today. Now, it doesn't take that much more effort and it doesn't take that much more thought to figure out that kids in West Philadelphia north of Market Street or in East Falls or in North Philadelphia or Roxborough/Manayunk or Wynnefield or Overbrook might have some needs. They do, don't they?

Mr. Richard

The entire city has needs and I respect all of your comments. Maybe we may need to do a better job of communicating with you particularly, Councilman Nutter, but I believe that the efforts that have been made by this organization and the City as a whole have been valiant, and maybe we may not have served your particular area maybe to the level that you want or maybe we may have not communicated early on or as often as we should have. 112 4/7/03 - Committee of the Whole

Councilman Nutter

Commissioner, I appreciate that. I'm not even asking for anything special. I just want what everybody else is getting. All of the people are citizens. They pay taxes. They have a certain level of expectation. We pick up everybody's trash. We put police all over the place. We do everything for everyone, but in certain situations we have a little thing going on over here, we have a little thing going on over there and other folks are trying to figure out, Well, what about us? So I'm not asking for anything special. I'm not asking for anything extra. I'm just asking for a baseline of service that everybody is getting the same thing in the city and then we go to another level based on need, based on statistics, or based on analysis or based on Johnny hit Susie or whoever did something to somebody else.

Mr. Richard

I respect that.

Councilman Nutter

But I don't want to spend my time year in and year out having these debates and these fights about how something got analyzed or who has what, which is a function of --

Mr. Richard

I'm not here to debate and 113 4/7/03 - Committee of the Whole argue either, Mr. Councilman. I'm just here to provide a good service, so I appreciate everything you are saying. There is nothing that is going on over here in this corner, over there in that corner, and if I may reiterate again, maybe we need to do a better job of communicating with you within your district a little better. Some of the work that has been done in certain parts of the city were done intentionally because of especially past neglect or deterioration or structural integrity or just whatever the case may be of a facility or a project, but everything that you said relative to services across this entire City, that's my goal and my responsibility in working hand in hand with you and the other 16 Council members, so I appreciate that.

Councilman Nutter

So what am I going to have on Monday?

Mr. Richard

Once we talk to the managing director and also with Rob Dubow, we will come back with a decision from them relative to the funding of your site as a teen center and then also we will come back and talk with you as well. I already planned to have the meeting with you to discuss the entire changeover of all of the rec 114 4/7/03 - Committee of the Whole facilities and the pools with Fairmount Park and anything else.

Councilman Nutter

I appreciate that and you recognize that on the list of the seven facilities to be transferred four of them are in the district that I represent, so having talked about this issue way back in the Commissioner DiBerardinis days and the Director Bill Mifflin days, I want to thank everybody for finally following up on it, but if we are going to do it, I would like to make sure we do it right, we do it not only with a sense of urgency, but respect and methodology that lays out to people this is what is going on, this is what is going to happen, and that they don't have to hear it as they are walking down the street one day.

Mr. Richard

Correct.

Councilman Nutter

Let's talk about the coordinated plan. Commissioner, I will give you a copy of the pertinent section of the charter. The response in the materials that I received that I'm going to say attempted to respond to this particular issue, it is Chapter 6, Section 5-600, Letter A. Your response was "The administration's infrastructure rightsizing initiative combined with 115 4/7/03 - Committee of the Whole the Fairmount Park strategic planning process provides the best opportunity to create a meaningful, comprehensive and coordinated program of recreational activities in all City recreational facilities. My question is, and I think that the analysis of the department's facilities, Fairmount Park's facilities, and even this transfer of the 7 is quite important, but I am still trying to understand how that is covered or how that responds to the pertinent section of the charter that talks about from time to time you are required to formulate a comprehensive and coordinated program of cultural and physical recreational activities to be instituted and conducted in all City recreational facilities including those managed and operated by the Fairmount Park Commission. Your response in the letter seems to be directed more at infrastructure and number of facilities and who has jurisdiction over those facilities. The charter provision seems to go more toward the actual activities at our centers and our facilities, whether they are managed and operated by the Recreation Department or the Fairmount Park Commission regardless of how many we have or what 116 4/7/03 - Committee of the Whole their size is. This is a programmatic issue, so I want to know how that will be conducted, when there will actually be a document that reflects this requirement under our Home Rule Charter.

Mr. Richard

My initial response, that was changed as it went through all the amendments. I had set up an initial time line where I wanted to have a new governing body in place and implement it and I want to say it may have been by the 1st of July or the end of August. Right now the administration is trying to accomplish to have both entities' new master plan or strategic action plan done together and I would need direction from Rob and also the managing director and from I guess maybe other levels in the administration as well if needed. But I'm more in the middle of are we going to implement a new board or are we stuck in the middle waiting to see if an entire new strategic plan not only with Fairmount Park but the whole City. So I'm sorry I have to answer your question that way.

Councilman Nutter

I understand that, 117 4/7/03 - Committee of the Whole but I think, Commissioner, what the real question is goes to the heart of developing a plan that ensures that certain recreational activities and physical activities and programmatic activities will be available at our various sites regardless of who is running them or who is in charge of them or how many we have. That at least to me is my reading of this particular section, that there are a certain set of standards for the kind of programmatic and physical activity uses that will be at these sites and so my question again is when will that kind of document be developed that talks about the physical activity programs at our various facilities and does such a document exist today?

Mr. Richard

We have our program directories that we publish throughout the four seasons of the year. I'm sure you know we are about to produce the new summer brochure program as well on all the camping and things of that nature. So we continue to update that, add, delete, and amend as the season dictates, whether it is basketball, ice hockey, skating or whatever the case may be, the same thing along with the senior programs as well throughout the calendar of the year. And we have 118 4/7/03 - Committee of the Whole been doing it more in the seasonal brochure for us to put something in a full yearly package to produce that's the big directory that we are working on production now, sir.

Councilman Nutter

We will have a few more things to talk about on Monday. Let's talk about the document that you just mentioned. That issue came up when you were here before us and I think we had some discussion about how that was going to be produced. You did send me information -- not just to myself. I'm sure to all members -- about the different facilities and some of the activities there. The brochure that you are talking about or the directory that you are talking about, is this the item that came up as a part of the discussion with regard to Keel Communications and what they are charging us for compiling the data in addition to some printing charges? Is that what we talked about last time?

Mr. Richard

Yes, sir.

Councilman Nutter

What were those numbers again?

Ms. Platt-Coles

Mary Platt-Coles, 119 4/7/03 - Committee of the Whole deputy commissioner, Department of Recreation. The Keel Communications contract is $95,000 and that's for the directory, recreation fliers, recreation banners and consultancy fee. The bulk of the contract is for the printing of the directory at $73,000 and for the printing of 200,000 copies.

Councilman Nutter

Is the 73 --

Ms. Platt-Coles

73,620.

Councilman Nutter

-- included in the 95, or is the 73 additional?

Ms. Platt-Coles

No, it's included.

Councilman Nutter

73 what?

Ms. Platt-Coles

620.

Councilman Nutter

Who is doing the printing?

Ms. Platt-Coles

Consolidated Drake Press on Parkside Avenue.

Councilman Nutter

I know you highlighted in some of the materials that we received. Who worked on the new logo for the Recreation Department?

Mr. Richard

The entire executive management team, also executives in the maintenance 120 4/7/03 - Committee of the Whole division along with management in the program division as well.

Councilman Nutter

Was there any outside consulting service for that?

Mr. Richard

That was done through Keel. Presentation was made back and changes and deletions, additions or recommendations by the upper management group of the whole department was involved.

Councilman Nutter

How much was the contract for the logo design?

Ms. Platt-Coles

I believe that was last year's contract which was encumbered for $50,000, but not that much was expended. I believe it was closer to 31 or 32 that was expended for various services.

Councilman Nutter

You paid $31,000 for a logo design?

Mr. Richard

No, it wasn't just a logo, Mr. Councilman. We did --

Councilman Nutter

I'm responding to the response.

Mr. Richard

I'm sorry?

Councilman Nutter

I'm responding to 121 4/7/03 - Committee of the Whole the response.

Mr. Richard

Right. I understand. A new quality newsletter was done, the development of logo, advertisement and PR and marketing relative to the opening and a promotion of all of the new teen centers as well and that's what I can recall off the top of my head, sir.

Councilman Nutter

So when you made reference to the $31,000, what was that for?

Ms. Platt-Coles

That was for all of those items.

Councilman Nutter

So the logo design was a part of that?

Ms. Platt-Coles

Was a part of that, yes.

Councilman Nutter

You forwarded a copy of the Dell contract on concessions. I believe it is Attachment 7. Can you tell me where in this contract there was a discussion with regard to the sale of water? And it is prohibitive apparently as an item to be brought in by patrons. Now, is that correct?

Mr. Williams

That's correct, sir. My name is Carlton Williams, deputy commissioner for 122 4/7/03 - Committee of the Whole the Department of Recreation.

Councilman Nutter

Can you tell me where in this contract there is a specific prohibition on bringing water into the facility or an exclusive right to sell water?

Mr. Williams

On No. 15 -- the pages aren't numbered, but let me give you the correct reference number, sir.

Councilman Nutter

Is that No. 15 that starts with "This concession privilege is exclusively for the sale of" -

Mr. Williams

That's correct, sir.

Councilman Nutter

What's this word, comestibles?

Councilman Nutter

What's that?

Mr. Williams

I have no idea. I have to look into that to see what that is. I don't know what that is, sir.

Councilman Nutter

We are selling comestibles? Is that your testimony, that we are selling comestibles out at the Dell East?

Mr. Williams

Sir, that is something I will have to look into. 123 4/7/03 - Committee of the Whole

Councilwoman Tasco

What's that, Michael?

Councilman Nutter

I have no idea what that is. I think we need to know how we are doing that out there.

Mr. Williams

I'll look into that, Councilman.

Councilman Nutter

My goodness. In any event, so where's the water?

Mr. Williams

The section -- and unfortunately this is a copy that we received from our Procurement Department.

Councilman Nutter

So you have the same bad copy that I have?

Mr. Williams

Yes, sir. There is a section that, unfortunately, looks like it is overwritten here for the sale of soft drinks, soda bottles and that is part of -- bottled water should be in there also.

Councilman Nutter

"The City will designate exclusive pouring rights to an entity and concessionaires permitted to dispense and sell only those soft drink products so designated by the City," and it is in that section that results in the 124 4/7/03 - Committee of the Whole exclusive right to sell water?

Mr. Williams

Yes, sir.

Councilman Nutter

In Section 8 it talks about ancillary sales and approved products list. Is there an approved products list?

Mr. Williams

Prior to the submission of the season, the concessionaire must provide the City with a list of items that are going to be sold at the Dell.

Councilman Nutter

Were there ancillary sales last year?

Mr. Williams

There were other T-shirts and other items that are sold at the Dell through other promotional activities, yes, sir.

Councilman Nutter

Did the City receive 30 percent of the gross sales receipts?

Mr. Williams

Those items were worked out with some of the marketing people from promotional tours such as the Isley Brothers, for example, brought T-shirts. They would sell items at the facility and then we would receive partial dollars for that also.

Councilman Nutter

When you say "partial," are you talking about the 30 percent in 125 4/7/03 - Committee of the Whole the contract?

Mr. Williams

Yes, sir.

Councilman Nutter

And what was the total dollar amount that the City received last year as a result of that?

Mr. Williams

That information I will have to get to you, Councilman. I don't have that with me.

Councilman Nutter

The written response seems to indicate, at least at the time of the response, which was March 31, that you were still waiting on the total gross sales out at the Dell. Have you received that information yet?

Mr. Williams

Not to date, sir.

Councilman Nutter

Is there a problem?

Mr. Williams

Requests have been made. I have not received that information. I will look into it again. I will make those requests again.

Councilman Nutter

Do you know what it was the year before?

Mr. Williams

No, sir.

Councilman Nutter

Who's responsible for monitoring the contract?