COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE OF THE WHOLE - - - Room 400, City Hall4 Philadelphia, Pennsylvania Wednesday, June 10, 2009, 3 o'clock p.m.5 - - - Bill 090465 - An ordinance amending Title 21 of the Philadelphia Code, entitled8 "Miscellaneous," by adding a new chapter with provisions relating to how and when required9 notices shall be published and advertised, all under certain terms and conditions.10 11 COMMITTEE MEMBERS PRESENT:12 Anna C. Verna, Chair13 Marian B. Tasco, Co-Chair Jannie C. Blackwell14 Blondell Reynolds-Brown Darrell L. Clarke15 Frank DiCicco Wilson W. Goode, Jr.16 Bill Green William K. Greenlee17 Curtis Jones, Jr. Jack Kelly18 Donna Reed Miller Brian J. O'Neill19 Frank Rizzo Maria Quiñones-Sanchez20 21 - - -22 V A R A L L O Incorporated23 Litigation Support Specialists 1835 Market Street, Suite 60024 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.267025 2 6/10/09 - COMMITTEE OF THE WHOLE - BILL 0904651
Can I2 have everyone's attention, please.3 This is a public hearing of the4 Committee of the Whole, and I would ask5 Mr. Erekson to please read the title of6 Bill No. 090465.7
Bill No. 090465, an8 ordinance amending Title 21 of the9 Philadelphia Code, entitled10 "Miscellaneous," by adding a new chapter11 with provisions relating to how and when12 required notices shall be published and13 advertised, all under certain terms and14 conditions.15
Our16 first witness is Martha Johnston from the17 City Solicitor's Office.18 Our first witness is Martha19 Johnston from the City Solicitor's20 Office.21 (Witness comes forward.)22
Good23 afternoon. Kindly identify yourself for24 the record.25 3 6/10/09 - COMMITTEE OF THE WHOLE - BILL 0904651
Good afternoon,2 Council President Verna. My name is3 Martha Johnston. I'm a senior attorney4 in the Appeals and Legislation Unit of5 the City Solicitor's Office. I'm here6 this afternoon to offer testimony on7 behalf of the Administration in support8 of Bill No. 090465.9 This bill provides for changes10 in the requirements for publication of11 notices of public hearings on bills12 before Council and other official notice13 in the event that a change in the number14 of available newspapers makes the current15 publishing requirements impossible to16 fulfill.17 Currently, the Charter, after18 the approval of the amendments by voters19 in the May election, continues to require20 Council to provide notice of public21 hearings on bills and notice of bills22 reported from committee by advertising in23 the three daily newspapers of the City24 having the largest paid circulation,25 4 6/10/09 - COMMITTEE OF THE WHOLE - BILL 0904651 unless Council, by a two-thirds majority2 vote, specifies different or additional3 requirements for such notice.4 The proposed bill would5 implement that authority only in a very6 limited way by authorizing Council, in7 the event that fewer than three daily8 newspapers with paid circulation are then9 publishing, to publish the notices in as10 many such newspapers as are then11 publishing. If no such newspaper should12 be publishing, then notice could be given13 only on the City's official website or in14 another manner designated by Council.15 The bill also provides for16 alternative methods for advertising17 procurement, contracts available for bid,18 also only in the event that the current19 advertising requirement of placement in20 one of the three newspapers having the21 largest paid circulation in the City and22 such other newspapers as procurement23 deems necessary cannot be accomplished24 because no newspaper having a paid25 5 6/10/09 - COMMITTEE OF THE WHOLE - BILL 0904651 circulation is then publishing in the2 City.3 Finally, the bill also provides4 alternative methods for the Department of5 Records to give public notice of the6 filing of proposed regulations and the7 availability of a hearing by providing an8 alternative to the currently required9 three daily newspapers of the City with a10 paid circulation.11 Again, only in the event that12 three such newspapers are not publishing,13 the department shall give notice in as14 many such newspapers as are then15 publishing or if none are publishing on16 the website or in another manner17 designated by the Managing Director.18 I would emphasize that by its19 own terms, this bill will lapse on20 October 31, 2009. Therefore, it will not21 result in any changes in the methods of22 advertising by Council or Procurement or23 Records, unless, before October 31, 200924 there should no longer be three daily25 6 6/10/09 - COMMITTEE OF THE WHOLE - BILL 0904651 newspapers with paid circulation2 publishing in the City.3 In that event, this bill would4 enable the City to continue enacting5 ordinances and regulations and6 advertising contracts by providing7 alternative lawful means of complying8 with the current advertising and notice9 requirements until Council chooses to10 take further action.11 Because this bill will allow12 government operations to continue, even13 if it became impossible to comply with14 the current Charter advertising15 requirements, the Administration supports16 this bill.17 This concludes my testimony.18 I'll be happy to answer any questions19 from members of the committee.20
Thank21 you.22 Are there any members of the23 committee that have any questions of our24 witness?25 7 6/10/09 - COMMITTEE OF THE WHOLE - BILL 0904651 (No questions.)2
Do we6 have anyone else to testify on this bill?7 (Witness comes forward.)8
Good9 afternoon. Please identify yourself for10 the record and proceed with your11 testimony.12
My name is Steven13 Shoff, and I'm a vice president of Metro14 Newspapers.15 Good afternoon, Councilwoman16 Verna and all committee members. Thank17 you for this opportunity to address the18 Committee of the Whole.19 I am here to ask you to amend20 this bill to give free newspapers such as21 Philadelphia Metro the opportunity to22 publish public notices. I understand23 that it is a temporary measure while we24 await direction from the Commonwealth,25 8 6/10/09 - COMMITTEE OF THE WHOLE - BILL 0904651 but I hope to encourage you to use this2 opportunity to open up the competitive3 field now.4 The bill seems to sidestep the5 state sunshine laws by providing for6 Internet publication of notices under7 certain circumstances. I urge you to8 test those limits further. And judging9 by the results of May's Charter-change10 referendum, the citizens of Philadelphia11 seem to wish this too.12 I ask for the change partly out13 of a sense of fairness. In the day of14 freely-accessible Internet content, much15 less what we've long received from radio16 and television, I cannot see why the17 distinction between free and paid news18 services would matter to this body. That19 we are freely distributed certainly is of20 no concern to our 371,000 daily readers21 nor the nearly 1200 advertisers that we22 serve each year. As it is for them23 (indiscernible) simply a question of how24 well a media outlet reaches City25 9 6/10/09 - COMMITTEE OF THE WHOLE - BILL 0904651 Council's intended audience and how much2 it charges to do so.3 To these points, Metro's grown4 over the past nine years to be the most5 widely circulated daily newspaper in the6 City. Each day, we print 130,000 copies,7 more than 100,000 of which are picked up8 by Philadelphians. This is far more than9 the Inquirer or the Daily News, which10 distributes just over 75,000 and 56,00011 in the City, respectively. I'm12 submitting all of our most recent audits13 along with this testimony.14 Moreover, and perhaps more15 importantly, by opening up competition16 for the City Council's notices now, the17 cost of your advertising will almost18 certainly drop -- perhaps considerably.19 And this has always been around an20 important objective, but given these21 economic times and our city's fiscal22 worries, it would seem to be an23 imperative today.24 Thank you again.25 10 6/10/09 - COMMITTEE OF THE WHOLE - BILL 0904651
Thank2 you.3 The Chair recognizes Councilman4 Clarke.5
Thank you,6 Madam President.7 I just wanted to clarify.8 Although I'm not the sponsor of the bill,9 I was the sponsor of the Charter10 amendment that authorized such a bill to11 be introduced.12 I just want to make it clear13 that this bill today is for purposes of14 ensuring that both City Council and the15 Administration, as it relates to16 procurement notices and all regulatory17 notices and advertisement, will not be in18 jeopardy.19 In the event -- and, again, I20 say, as I did during the course of the21 early public hearing, in the event that22 any of the existing newspapers, the three23 that we are required to advertise in, it24 is our hope that they do not go out of25 11 6/10/09 - COMMITTEE OF THE WHOLE - BILL 0904651 business, because they have been strong2 members of the Philadelphia community.3 But this bill, in the event4 that something happens and there's a5 disruption in service, that we, the City6 Council of Philadelphia and the7 Administration, is in a position to8 advertise to ensure that we have to have9 a public hearing or any other10 notification.11 There's a strong likelihood12 that there will be some stimulus notice13 that's put out during the course of the14 summer, and we at City Council will be15 required an appropriations hearing during16 the course of the summer to make sure17 that that application will be in. I18 understand that the City may have to19 advertise for procurement purposes to20 solicit bids for other goods and21 services.22 This bill, which is why it has23 a sunset provision, hopefully will be in24 a position to make sure that government25 12 6/10/09 - COMMITTEE OF THE WHOLE - BILL 0904651 does not have to shut down in the event2 that there's a disruption in services.3 It is not the intent for this bill to4 craft any long-term issue with respects5 to how we advertise it, be it Internet,6 local newspapers, or any other issues7 relating to advertisement. It's soley8 for the purposes of ensuring that we have9 an opportunity to function over the10 summer.11 Any discussion with respects to12 other publications and Internet services13 is a conversation for another day. So14 today, we're focusing on this particular15 issue.16 Thank you, Madam President.17 COUNCIL PRESIDENT VERNA:18 You're welcome.19 Any other Councilmember want to20 be recognized?21 (No response.)22
Thank23 you very much, sir.24 Our next witness?25 13 6/10/09 - COMMITTEE OF THE WHOLE - BILL 0904651 (Witness comes forward.)2
Thank9 you.10 Please identify yourself for11 the record and proceed with your12 testimony.13
Good afternoon,14 Chairwoman Verna. 19 I am here today to testify on20 behalf of Bill No. 7 I'm here to share my8 experiences in dealing with the9 Philadelphia Authority for Industrial10 Development. I have been attending PAID11 board meetings for at least three years12 and have often expressed my concerns to13 the chairman, Mr. 20 When I find interesting is that21 the TEFRA hearings are advertised22 normally according to the existing23 regulations that's published by the24 Internal Revenue Service. I find it25 15 6/10/09 - COMMITTEE OF THE WHOLE - BILL 0904651 disturbing that the public notice given2 for the dates of the monthly PAID board3 meetings was published on December 23,4 2008, in spite of the fact that the PAID5 board has the authority to authorize the6 sale of billions of dollars' worth of7 City real estate, which includes the Navy8 Yard, they are the authorizing body for9 submission of redevelopment assistance10 for capital projects, they are the agency11 that awards millions of dollars in12 construction contracts on a monthly13 basis, they have no requirement per their14 legal counsel to publish any additional15 notices of meetings of their board other16 than those listed on the one-time notice17 of the preceding calendar year. 20 As you are aware, PAID is an21 organization which has no staff nor any22 employees and is only ruled by the board23 members. 9 In short, we have an10 organization, PAID, in this city that11 publishes one notice once in the12 preceding year supplying only a date and13 time of future meetings in the upcoming14 calendar year. 20 I would like to share one21 instance where I attended a board meeting22 where there was a resolution to sell23 several acres of land to a local union24 for a discounted price $200,000 below25 17 6/10/09 - COMMITTEE OF THE WHOLE - BILL 0904651 value. When I posed the question, Why2 would PAID be selling this union this3 land for a discounted price when unions4 in general have been discriminatory, in5 my opinion, against African-American6 males and other minorities? 11 I objected for the record. 17 I, in turn, then sent a letter18 to Councilman O'Neill and the Honorable19 Mayor Nutter to bring this matter to20 their attention. 3 At the next board meeting, on4 March 24th, which was a rescheduling of5 the March 17th meeting, rescheduled due6 to a sunshine violation, I again raised7 the same issues and concerns. "21 There's a inscription at the22 Constitution Center that says that no23 officeholder is above the title of24 citizen. 16 So if you had the opportunity to take an17 instance where you have other boards that18 might take an exception to be able to19 close this loophole, so if they --20 especially in today's times, when we talk21 about transparency, we talk about the22 stimulus money coming, a lot of that23 money is going to be industrial24 development money. 5
Thank6 you very much.7 Before you leave, I would like8 your telephone number because I would9 like to refer this to the Mayor.10
Any12 questions from members of the Committee?13 (No questions.)14
Do we15 have anyone else to testify on this bill?16 (No response.)17
Thank18 you, sir.19 Do we have anyone else to20 testify on this bill?21 (No response.)22 COUNCIL PRESIDENT VERNA:23 Seeing no one, this will conclude our24 public hearing.25 23 6/10/09 - COMMITTEE OF THE WHOLE - BILL 0904651 We will now go into our public2 meeting, and the Chair recognizes3 Councilwoman Tasco.4
Madam5 President, I move that Bill No. 090465 be6 reported out of committee with a7 favorable recommendation and a request8 for a suspension of the rules.9 (Motion duly seconded.)10
It11 has been moved and properly seconded that12 Bill No. 090465 be reported out of13 committee with a favorable recommendation14 and, further, that the rules of Council15 be suspended so as to permit first16 reading at our next session of Council.17 All those in favor will say18 aye.19 Those opposed?20 The ayes have it, and the21 motion carries.22 And this concludes our public23 meeting.24 Thank you all very much.25 24 6/10/09 - COMMITTEE OF THE WHOLE - BILL 0904651 (Proceedings end at 3:20 p.m.)2 * * *3 4 5 6 7 25 C E R T I F I C A T E2 I HEREBY CERTIFY that the4 proceedings of the City of Philadelphia5 Council Committee of the Whole are contained6 fully and accurately in the stenographic notes7 taken by me on Wednesday, June 10, 2009, and8 that this is a true and correct statement of9 same.10 11 12 13 __________________________________ 14 JOSEPHINE CARDILLO Registered Professional Reporter15 16 17 18 19 20 (The foregoing certification of21 this transcript does not apply to any22 reproduction of the same by any means, unless23 under the direct control and/or supervision of24 the certifying reporter.)25