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Minutes

Committee Hearing, March 1, 2005

Philadelphia City Council Committee HearingsMar 1, 2005

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Organizations mentioned

Councilman Nutter

That would be a deletion.

Councilman Cohen

Does that leave open wide area, whereby if there were a City administration that wished to avoid the 104 Law & Government - 3/1/05 effects of this action. Would it enable them to contract with an authority to do work and thereby exclude the requirements of the ordinance of the Home Rule Charter change?

Councilman Nutter

Well, Councilman, as they say, you know, just about anything is possible. But I think the reality is is that for the proper operation of the government, it certainly would not be efficient or productive to try to ship a fair amount of regular activity and business of the City over to authorities. But I think, as you have well pointed out, should we find that to be the case, then maybe this is an area that will need to be revisited. I'm not under the impression at the moment that it leaves tremendous vulnerability.

Councilman Cohen

Well, I would worry a great deal about that last point because City administrations, at least during the last 38 years that I've been involved in, 105 Law & Government - 3/1/05 are expert at using the authorities whenever it's to their advantage. A lot of patronage is done through authorities that might not be able to be done through the City rules. If we could find some language between now and final passage of the bill to make it less likely to call it to everybody's attention. To use the principles of transparency, it would be very helpful. Now, Councilman Clarke, I think, has some questions.

Councilman Clarke

Thank you, Mr. Chairman.

Councilman Cohen

Is that the right name?

Councilman Clarke

Mr. Chairman, I'll see if I can recall. It's been a while. I kind of lost my place.

Councilman Cohen

Are there any questions, then?

Councilman Clarke

Yeah, I actually have a couple questions, Councilman.

Councilman Cohen

Go ahead, 106 Law & Government - 3/1/05 Councilman.

Councilman Clarke

Probably have questions over this next week or so. Briefly, during the course of the discussion -- I'm not sure who referenced it -- I think I heard... Did City Council, in terms of its ability to issue no bid contracts on professional services, will not be covered by this bill? I don't know who I'm asking that question. I guess... Councilman Nutter. City Council... We're not covered under this particular bill?

Councilman Nutter

I'm sorry, Councilman.

Councilman Clarke

No bid contracts. I thought I heard somebody say that this has nothing to do with City Council. It's only the administration.

Councilman Nutter

No, that's not the case, Councilman. City Council would be subject to the same provisions. We just don't have to get the administration's approval.

Councilman Clarke

Well, maybe I 107 Law & Government - 3/1/05 shouldn't be airing our business in public. I would like to ask that because I know we've done a number of professional services over the last year. Recently one was referenced, in terms of the amount of money that contractor's costing us. And I'm not sure how that...

Councilman Nutter

Which one?

Councilman Clarke

I think it was the condo trash. I think it was upwards of close to quarter million dollars. And it's not clear to me...

Councilman Nutter

How much.

Councilman Clarke

Quarter million dollars.

Councilman Nutter

Oh.

Councilman Clarke

...what process we have internally, but we'll talk about that at a later date.

Councilman Nutter

Right. I think we passed a resolution.

Councilman Clarke

I'm sorry?

Councilman Nutter

I think we passed a resolution authorizing us to sue. I 108 Law & Government - 3/1/05 don't know how --

Councilman Clarke

We hired -- I understand that, but we hired a person.

Councilman Nutter

I have no idea.

Councilman Clarke

A company. It was not clear... I mean --

Councilman Nutter

I have no idea.

Councilman Clarke

We're referencing a process. It's not clear to me what our process is.

Councilman Nutter

I understand.

Councilman Clarke

Frankly speaking.

Councilman Nutter

Right. I wasn't involved in that one.

Councilman Clarke

All right. One of the issues with respects to disclosure by applicants on contributions... And I'm asking these questions more for clarity's sake. My understanding is that applicant has to disclose his contributions to current elected officials, i.e., incumbents but has to make no disclosure about contributions to any other potential 109 Law & Government - 3/1/05 candidate or PAC or state or Congressional elected official, just solely to members of Council and the Mayor or any other City officers.

Councilman Nutter

Councilman, if I could... If I could take you to... probably take you to . I'm sorry. Probably best to go to first, under mandatory disclosures? They have to disclose, both the applicant and the consultant, contributions they've made in the previous four years, to the date of the application to any candidate for election to any public office in Pennsylvania, anyone who holds such an office, to any political committee or state party in the Commonwealth of Pennsylvania. That's on the initial application.

Councilman Clarke

Okay.

Councilman Nutter

During the term of the contract and for a year thereafter, they have to provide the same information on a disclosure form within five business days of when they make the contribution. 110 Law & Government - 3/1/05 If you go, then, to the... I think probably 17-1205...

Councilman Clarke

Okay.

Councilman Nutter

Deals with all the political committees. And a political committee is as defined under the Pennsylvania Election Code, which basically covers anyone who has raised more than $250 has to create a political committee. So whoever you give it to, whoever they may be, under this provision you've got to disclose it.

Councilman Cohen

All right. Is the interchange finished?

Councilman Nutter

No. I don't think so. Go ahead.

Councilman Clarke

Thank you. I have more, but I'll -- Not today. Some other...

Councilman Cohen

Any other questions?

Councilman Nutter

Did you say --

Councilman Clarke

I'm saying I have more questions and concerns about it, 111 Law & Government - 3/1/05 but I don't want to hold up the committee's work, you flow.

Councilman Cohen

Okay.

Councilman Clarke

We'll have time to interact on those.

Councilman Cohen

Well, I'm wondering, Councilman Nutter, if you could briefly tell us whether or not if the proposals of this bill were in existence, say, in the last five years, would the City be involved in this grand jury investigation currently, if its provision were complied with? Or what are the chances? Nothing is perfect and nothing works automatically. And if anything can go wrong, it probably will. But within that general framework that we learned about in the City and during our lives on this earth, would this bill have prevented at least some of the contemptive [sic] and corrupt image that Philadelphia has seemed to develop?

Councilman Nutter

Well, Councilman, let me first say -- and you know my... you know I have at times a somewhat 112 Law & Government - 3/1/05 peculiar sense of humor. But there are many provisions at least in my -- in my faith in the Bible, and it has not completely prevented people from doing any number of things. Having said that, I think these types of provisions, if implemented, or if they have been implemented, I cannot predict what some of the individuals who are alleged to have done whatever they are alleged to have done, whether they would do them or not. But I think we would know and would have known at a much earlier stage what was going on in the government and any one of us or all of us probably would have been more compelled to take some kind of action, based on the information that would have been available. You would know, for instance, unless someone just was determined not to fill out the forms correctly or ignore the disclosure requirements, you would know what contributions were being made. You would know who was applying for 113 Law & Government - 3/1/05 what. You would know who the various consultants were. You would have a wealth of information and data available to the public, and the elected leaders and appointed leaders of this government, to then make evaluations as to whether or not we believe the system is working the way any of us believe it should. People will ultimately do whatever they're going to do, but I think our responsibility is to try to create a system that has transparency, that has openness, and that has a level of information that is available for all of us with our eyes open, to see and evaluate. That, I think, is the essence of this. So, I can not sit here and tell you that if this had been passed five years ago, that someone would not try to do something. But I think you would have significantly cut down on the chances and the possibilities of many of the things that are subject of newspaper stories and hearings today. Many of them possibly would not be going on.

Councilman Cohen

Well, with 114 Law & Government - 3/1/05 respect to a question raised by Councilwoman Blackwell before, supported by Councilman Mariano's question, and I think I had a question, too, on it, would it be possible in any of these areas to add a requirement that the City be compelled to establish an Office for Minority Development, whose duty is to constantly be available to minority vendors for dealing with their special problems? Just that general because until the City does it, I'm very much concerned that Councilwoman Blackwell's question that anything opposing further requirements of minority vendors is going to be interpreted by the City in a way which is going to be harmful to the advancement --

Councilwoman Blackwell

And might I have a point of information on that issue, Councilman? Mr. Chairman? And that is, also you have a lot of minorities who are just beginning in business. They are not here today. They did not know, obviously that this whole ethics bill would be a discussion and a large part 115 Law & Government - 3/1/05 about their involvement in the system. But certainly they are not -- especially those just starting out, many are not sophisticated enough to know what they're supposed to do. And all of this disclosure stuff about what office you go to, what time of day and all of that, I really think this could create problems. I regret that we didn't have -- Because they thought it was an overall ethics discussion -- an opportunity to have minority vendors and minority companies at this hearing today. And I absolutely feel that -- We have a law that now requires if one gives or receives $250, you disclose it. I think we have laws, notwithstanding this federal probe. Obviously, there's some law somewhere that one considers are violated. And so, obviously this legislation didn't create it and won't prevent it. I just believe that we in government 116 Law & Government - 3/1/05 have to be mindful of who's affected by everything we do, and that we have to -- In America people want the freedom to operate at work freely and not have continued more legislation, more bills, more laws of infringement, so that it makes it very, very difficult to know when they're, certainly, breaking the law. I hope that this committee will consider these things because I really, really feel that... that we have laws that give people what they need. I think this will hurt minorities and other businesses. I think it will create additional bureaucracy. And I only ask the committee to consider that as they vote.

Councilman Cohen

Thank you. Councilman Kenney.

Councilman Kenney

Thank you, Mr. Chairman. You know, I tend to agree with Councilwoman Blackwell's concerns, relative to the bureaucracy, relative to people not being informed. 117 Law & Government - 3/1/05 But where I disagree is, I think this legislation will do exactly that. It will give minority firms, other firms in the City, in the region, information that they don't have now about no bid contracts. I mean, in order to get a no bid contract now, this administration, the last administration, the administration before it, you had to be an insider, an insider majority firm or an insider minority firm. And I think in many ways this legislation has been carefully crafted to expose the information of what's available in the public on the web site, through MBEC -- And I think one of the things that Councilwoman Blackwell is concerned about is the sophistication of some firms not being able to fill out the forms or know what to fill out. I think that exactly what MBEC's role should be in advising and promoting minority business in the City, to allow MBEC to guide minority firms through the process. This, if nothing else, gives more 118 Law & Government - 3/1/05 information to small and medium-sized firms in our City, both majority and minority, so that they know that there's City business out there they can go and pursue. As we exist now, unless you're on the inside track, or you're in the know, you don't even know that these contracts are available to bid on or to respond to. And I honestly believe that if we impose -- if we employ these -- this effort, that we're going to allow minority firms in the City and the region to have more information, so that they have more access to compete for jobs and contracts than they do now. So I agree with Councilwoman Blackwell's concern about shutting people out, but I think they've been shut out already. And I think that this legislation opens up the door for people to know what's going on in City government and to go and compete fairly for work, without having to be concerned about how much money they contribute to me or anybody or the mayor or 119 Law & Government - 3/1/05 anybody else.

Councilwoman Blackwell

Did we ask them about this legislation? I dare say we probably did not. Okay.

Councilman Nutter

Are we talking about the MBEC aspects of this?

Councilwoman Blackwell

All minority aspects of this. Did we confer with people who are involved in this issue when we wrote this legislation?

Councilman Nutter

Well, Councilwoman, I did not talk to any specific minority group or majority group or any set of business people. This is not targeted at any group of people. It's about our contracting process. I do believe -- And I would only echo some of the comments made by Councilman Kenney. I mean, I thought it was the job of the MBEC to help minority, female or disadvantaged --

Councilman Cohen

That's not the way the City interprets the current laws. The same argument that Councilman Kenney made. 120 Law & Government - 3/1/05

Councilman Nutter

I understand. But at a minimum, I would have to believe that the Procurement Commissioner -- and certainly we've incorporated Procurement, Finance and Commerce in this process -- that between -- among those three entities, that just doing their jobs, that they would work with those firms, whether minority, female disadvantaged or other firms, that will need information. And I certainly agree that the need for information will be important so that people can be in compliance. But again, the openness and the opportunity is right there for people. And I think, you know, certainly I'd be glad to work on efforts targeted in that direction. I don't necessarily believe that it would be incorporated in this particular piece of legislation, given what its purpose is and what its title is.

Councilman Cohen

Well --

Councilman Nutter

But I agree that it's something that needs to be looked at. 121 Law & Government - 3/1/05

Councilman Kenney

Mr. Chairman, if I may add, I mean if you look at the list over the past years or years of 5 professional no bid contracts, both majority 6 and minority, it's a pretty small and pretty 7 well-heeled list. 8 And I would suspect that there are 9 minority law firms, minority accounting 10 firms, other firms within the City, both 11 majority and minority, that have never even 12 thought about wanting to go after a no bid 13 professional service contract because they 14 didn't understand the process because there 15 really wasn't any, other than being on 16 somebody's team or being in the know. 17 I think that the ability through 18 this legislation to partner a medium-sized 19 minority law firm with a Wolf Block or with a 20 Dilworth or, you know, one of those large firms, and allow them to learn the process of doing a bond deal, I think, is a double benefit, in addition to the transparency and tax savings to the citizen. I think it's even a double benefit 122 Law & Government - 3/1/05 to have a firm get in the loop and to learn that business and to learn the opportunities and how to compete for that business. I can't -- I know they can't do it when the shop is closed, and there's no 7 information to even know when the bond deal is coming or when the accounting contract is coming. So, I think it's a real benefit to all business and professional services in the City.

Councilman Cohen

Well, I have to state my total disagreement because the City -- because that's one area the City's taken a firm position. They said in discussions with me concerning minority business ventures that have not succeeded, that nobody ought to go in expecting any other help. If they're ready to seek to be declared a minority vendor, it's their responsibility to find out what's available. We've made a lot of information available. And it is true what you said. 123 Law & Government - 3/1/05 Much more information has been made available. But what's needed is understanding that life is very rough if you haven't done it before, if you have limited resources, and unless the City takes a strong position to help people climb their way through the intricate developments that the City requires, and to find their way through, very little is going to happen. And I think the statistics speak for themselves that I referred to earlier, that actually minority businesses have gotten less share of City contracts than they used to get.

Councilman Kenney

Well, at least with this legislation, they will at least know what's available. And they will also know that they won't have to contribute a certain amount of money to get the job because they'll be limited in their ability --

Councilman Cohen

-- helping them.

Councilman Kenney

What? 124 Law & Government - 3/1/05

Councilman Cohen

What is the objection to setting --

Councilman Kenney

I have no 5 objection. I'm saying this legislation doesn't do that. I don't disagree with you. I'm just saying this legislation doesn't accomplish that. Perhaps, you know, the recontinued revamping of MBEC will. But I do believe that if you can limit the amount of contributions that a potential contractor, potential --

Councilman Cohen

I think that --

Councilman Kenney

-- firm, it will be helpful. And also giving them more information to the web site and other disclosures, that I think they'll have a better chance to compete.

Councilman Cohen

Have better chances, but in my judgment to no avail unless the City adopts a strong affirmative position of feeling it's in the City's interests to see that the minority businesses 125 Law & Government - 3/1/05 thrive and develop.

Councilman Kenney

I don't disagree.

Councilman Mariano

Mr. Chairman, a point of information that can probably be answered by Councilman Nutter, if Councilman Clarke will let me and you. We're doing a lot of talking here about the City computer system and being online. And I'm not saying good things or bad things about it. I mean, it certainly has gotten a lot better. And I just want to add a personal -- I feel like Councilman Rizzo doing this, but I want to add a personal touch to it. I paid my property taxes Friday. And you can see Friday -- yesterday was the last day to pay it to get the discount. I did it online. Well, at the end of the process -- And I did it because I wanted to see how it worked. And my question is to, you have we talked to these people? Because what I want 126 Law & Government - 3/1/05 to tell you is, it cost me $18 to do that. Now... And I'm okay to pay that $18. And I wasn't aware when I started that process, when I added the stuff and it says, now to do this is $18. And I'm sure, if they have to charge a contractor, but is the City's computer system up to doing all these things? We're going to give it -- I know we're doing a lot of things on there. Have we checked with MO -- you know, with Neff and those people over there about that?

Councilman Nutter

Haven't had a conversation with Director Neff. I have had ongoing conversations with the Procurement Commissioner. And there are some contract opportunities already on the City's web site. For many of those conversations I was not left with the impression that this was not any significant burden on the system.

Councilman Mariano

Okay.

Councilman Nutter

This also... I 127 Law & Government - 3/1/05 mean, this... That proposal came as a result of previous testimony, actually by the administration because the original idea was to advertise these contracts similar to the way competitive bid contracts are advertised in the newspaper.

Councilman Mariano

That's because that says that.

Councilman Nutter

Right. Well, that's required. The concern about doing this was that it was a cost factor involved in putting it in the newspaper. And that's why it went to the web site situation, but --

Councilman Mariano

Using the web site is probably capable of handling this new work.

Councilman Nutter

Yeah.

Councilman Mariano

And again, to the part that Councilman Clarke and Councilman Blackwell --

Councilman Nutter

They have great web services.

Councilman Mariano

-- and I'm sure 128 Law & Government - 3/1/05 that everyone's interested in, especially in the minority business community which we're trying to help get a foot here, is it going to be some -- Like, the whole thing started with this mini City Hall. And I don't believe that's totally out of the question. And what I'm getting, there's too many City Halls, and they want to close both of them. And it's a nominal thing, maybe $60,000 each, West Philly, Northeast. The people in the Northeast feel like they're being shut out. I'm sure the people in West Philly think the Northeast gets everything and vice versa, but we'll try to work that out in the budget process. And I feel good about that. But a lot of the people that use the mini City Hall, and maybe some of these contractors, especially people starting out, there's something to be said with people don't want to come downtown, and they want to go somewhere. And it's not good enough to do it online. They want to see somebody, especially a lot of senior citizens. 129 Law & Government - 3/1/05 And that doesn't go for the contractors, but they want to give you something, and they want a receipt in hand. A cancelled check's not good enough. They want a stamped receipt by somebody. They can say, you know that nice man up there, Mr. Kelly? He gave me that receipt. And that's my whole thing. I mean, I'm all in favor of using the internet and web sites and all. And if you say you talked to Neff, that's good enough for me. A City of this size, we should be up and running. I'm just curious that maybe in the minority business community -- And I'm going to be calling the people that I know in that community and see is there some reluctance to -- when you're starting out, to do that kind of thing. But if they can't use a computer and if they can't find that stuff, if what you read to me, and what I read, that's go to be somewhere where they can go still and visibly touch something and look at it.

Councilman Nutter

Yes. 130 Law & Government - 3/1/05

Councilman Mariano

Correct? Thanks, Councilman.

Councilman Nutter

Councilman Cohen had raised that issue before.

Councilman Mariano

Thank you. Thank you.

Councilman Cohen

Councilman Kelly.

Councilman Kelly

Yeah. I would just like to follow up on Councilman Mariano, if I may. That was an issue which I was going to bring up later. It's an entirely different issue, and that's the closing of mini City Hall. The problem that I see is the alternative that the City administration was using was, they were going to put computers into libraries and whatnot. Now, this is the same time they're cutting the hours of libraries. But they were going to have people into these libraries to instruct the elderly or the people that use the services of the mini City Halls to be computer savvy, and to be able to pay their bills online. 131 Law & Government - 3/1/05 However, most of the people in the Northeast, and I'm sure in North Philadelphia, they go in, as Councilman Mariano did, to pay his -- to pay his real estate taxes, to be able to get the one percent discount. Now, the problem was that if you go online, you're paying them 1.9 percent for that -- for that service. So, you get nothing out of it. In fact, it costs you more money by using that service. And that's one of the things I was going to bring out in a different setting, when we were addressing the mini City Hall in budget hearings. But that's very, very true. That's a point where the poor person not only has to go to another location and get no service or if they get service, there's another thing the administration is going to have to provide, people to be able to at least educate them enough so that they can use that service. And that's... Well, I find it very questionable, to say the least. But I just 132 Law & Government - 3/1/05 wanted to touch up on, since Councilman Mariano --

Councilman Cohen

Well, I think the point was to add to your suggestion, that every agency be required to have at least one or two numbers available, with live answers to questions, so the people don't get this constant run-around when they call up or have to follow a long list of options that they can't understand.

Councilman Kelly

Absolutely. Oh, that's true.

Councilman Cohen

Even with college degrees and law degrees. All right. Councilman Clarke.

Councilman Clarke

Thank you. Thank you, Mr. Chairman. Sounds like we're starting the budget process a little early this week. Get a couple of more Council people in here and we'll have a quorum. I wanted to just clarify a statement earlier. Actually, Councilman Nutter, I think you made it, that when Councilman 133 Law & Government - 3/1/05 Mariano raised concerns about us being involved in the contracts process, that under this provision, under this particular proposal...

Councilman Nutter

Yes.

Councilman Clarke

...the City Council will not be involved in contracts.

Councilman Nutter

Yes.

Councilman Clarke

Award of no bid contracts.

Councilman Nutter

Yes. I'm sorry. Yes, councilman.

Councilman Clarke

Just for the record.

Councilman Nutter

Yes.

Councilman Clarke

I'll need that for my follow-up during the course of the week. That's pretty much it for me.

Councilman Nutter

Is that it?

Councilman Clarke

That's it.

Councilman Cohen

Any other questions by any member of the committee?

Councilman Nutter

And Councilman, 134 Law & Government - 3/1/05 I would only mention to you one of the reasons for that. And I think one of the protections that we've tried to create is the last sentence in the proposed amendment to Section 7 8-200 in a Resolution Number 040818, which I think specifically addresses that particular issue. Anyway... Yes, councilman.

Councilman Cohen

Are there any other amendments that you want to put in at this time?

Councilman Nutter

Yes, Councilman. There is an amendment to the Resolution --

Councilman Cohen

We're still in the hearing, for purpose of having the discussion, if any.

Councilman Nutter

There's a proposed amendment to Resolution 040818 which addresses the issue that was raised by Councilman Clarke earlier with regard to the multi- -- what's been considered the multi year contracts, the one-year contract with multiple one-year renewals.

Councilman Cohen

Yes. 135 Law & Government - 3/1/05

Councilman Nutter

The concern... As the legislation came in, Council would have pretty much been required to approve all of the extensions or renewals. What I'm proposing is an amendment, such that Council would not have to approve all of the extensions or renewals in the case where the City is the only party that has the option to renew. And in that particular situation, rather than automatic renewal, the contracting department or agency would have to file a written certification that the renewal or the extension is in the best interests of the City. And then there would be the renewal. It would not have to come back to Council. Other than that, any true multi-year contract would still be required to come to City Council. That's the amendment in the Resolution of 040818, which I would put forward.

Councilman Cohen

Does that complete the matters? 136 Law & Government - 3/1/05

Councilman Nutter

Yes.

Councilman Cohen

Any question by any other members? (No response.)

Councilman Cohen

If not, the hearing on the bills suggested, the two bills and a resolution, is terminated. (Hearing concluded at 4:35 p.m.) 137 CERTIFICATE I HEREBY CERTIFY that the proceedings and evidence are contained fully and accurately in the stenographic notes taken by me upon the public hearing of The Philadelphia City Council, taken on March 1, 2005, and that this is a true and correct transcript of same. _____________________________ DAVID A. DEIK, RPR and Commissioner of Deeds (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.) 138 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING - COMMITTEE ON LAW and GOVERNMENT - - - Room 400, City Hall Philadelphia, Pennsylvania Monday, March 1, 2005, 4:35 p.m. - - - 041043 - An Ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a Resolution approved by Council proposing an amendment to the Philadelphia Home Rule Charter relating to rights over or in real estate by providing that Council may direct the City to replace any City-owned building closed because of condemnation by a government entity; fixing the date of a special election for such purpose; prescribing the form of ballot question to be voted on; and authorizing the appropriate officers to publish notice and to make arrangements for the special election. 041052 - Resolution proposing an amendment to the Philadelphia Home Rule Charter relating to rights over or in real estate by providing that Council may direct the City to replace any City-owned building closed because of condemnation by a government entity. - - - V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 139 PRESENT: COUNCILMAN DAVID COHEN, Chair COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILMAN RICHARD T. MARIANO COUNCILMAN MICHAEL A. NUTTER COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN JUAN F. RAMOS 140 Law & Government - 3/1/05 - - - P R O C E E D N G S - - -

Councilman Cohen

The public meeting is now called. The Law and Government public meeting is now in order. And the Chair recognizes Councilman Nutter for purposes of introducing before the committee the amendments he's been referring to during the hearing.

Councilman Nutter

Thank you, Mr. Chairman. Mr. Chairman, there was handed out a little while ago a document. It reads across the top on one line, proposed amendments to Bill Number 040772, as amended 12/14/04. That's the document that I'm working from, Mr. Chairman. I would put forward all of the amendments in that document, but I need to draw your attention to two places where there is a slight technical error. And then based on the conversation that we just had, with regard to whether it's 141 Law & Government - 3/1/05 minority firms or applicants, I've written something on the back here that might seek to address that particular issue as well. Mr. Chairman, if you go to , at the bottom, number four presently reads, by August 1st of each year. That August 1st should say September 30. And if you go to the top of , it reads on the third line, such reports shall be signed by the Procurement Commissioner, the Finance Director and the Mayor. In accordance with a proposal by the City administration, I would strike the Procurement Commissioner, comma, the Finance Director and the word "and" and just leave the Mayor. With regard to the issues that were raised earlier, involving assisting companies to be in compliance, whether they're minority firms or other applicants or contractors, I would direct your attention and propose additional language. On , 17-1202, 1, a. At the 142 Law & Government - 3/1/05 end of the sentence that reads the Procurement Commissioner shall develop procedures to ensure that such contracts are advertised and approved in a timely, efficient and coordinated manner, in the best interests of the City, I would propose to add the following sentence: The Procurement Commissioner shall develop procedures and guidelines to assist applicants, comma, contractors and disadvantaged business... I believe it's enterprises. I'm sorry. Yes, enterprises, in complying with the provisions of this chapter, period. And then the sentence -- the paragraph would continue with the City agency that seeks to enter into. Those are the proposed amendments, Mr. Chairman, to Bill Number 040772, as they're either in print or as I read them into the record. And with your approval, I would move the adoption of those amendments.

Councilman Kenney

Second. 143 Law & Government - 3/1/05

Councilman Cohen

Any discussion on the amendments? (No response.0

Councilman Cohen

If not, those in favor will say aye. (Chorus of "ayes.")

Councilman Cohen

Those opposed?

Councilman Mariano

Opposed.

Councilman Cohen

The ayes have it. The amendments are adopted.

Councilman Cohen

Let the record show Councilman Mariano opposed the passage of the amendments.

Councilman Cohen

Now, the motion on the...

Councilman Cohen

With the Resolution?

Councilman Cohen

Don't we have to have another motion. Adopted the amendments.

Councilman Nutter

We adopted the amendments. Do you want me to amend the other Resolution? And then we'll vote them all at the same time.

Councilman Cohen

Yes. Okay. 144 Law & Government - 3/1/05

Councilman Nutter

Mr. Chairman, there are -- I don't think you got one of these. There are -- There's the proposed amendment to Resolution 040818. If I direct your attention to what would be -- And these amendments... This particular amendment did come as a result of coordination and conversation with the City administration. And I appreciate their work in this area. There's an amendment to small letter b, inserting the phrase, other than the City; small letter c, the same phrase, other than the City; small letter d, inserting the language, including the City; and then, what I've talked about earlier which is item number two, which reads as it reads; and then there's a technical amendment to number three. Those are the only amendments.

Councilman Cohen

Would you explain briefly the amendment, other than the City?

Councilman Nutter

Sure. The primary purpose of the amendments that I've mentioned is to first remove the requirement 145 Law & Government - 3/1/05 for Council approval of all contracts that may have an extended term or renewal period if the option is solely at the City's discretion. With that in mind, in that particular situation we would still seek to have, even under that set of circumstances, the contract would not automatically renew but would only renew if affirmatively exercised by the City, upon the certification of the department head of the contracting agency, that the renewal or the extension of that contract is in the best interests of the City. Subsequently, that certification will be available for public inspection, with copies sent to the Mayor, the President of City Council, the Chief Clerk, and the Department of Records, and available for public inspection. A renewal or extension of a contract or lease, without compliance with this section, is not binding on the City. Lastly, a technical amendment 146 Law & Government - 3/1/05 involving the issue of campaign contributions regarding people who have solicited or otherwise been involved in raising certain campaign contributions, in accordance with the other provisions in Bill 772. Those are all the amendments to the Resolution.

Councilman Cohen

Would you make the motion again?

Councilman Nutter

Mr. Chairman, I make a motion that the amendments to Resolution Number 040818 be approved by this committee.

Councilman Kenney

Second.

Councilman Cohen

Any discussion? If not all, in favor, please say aye. (Chorus of "ayes.")

Councilman Cohen

Opposed? (No response.)

Councilman Cohen

The ayes have it. So carried.

Councilman Nutter

Okay. Mr. Chairman, there are no other -- I have no other amendments. And at this time 147 Law & Government - 3/1/05 I would ask if we could take the necessary action to move the two bills and the Resolution out of committee.

Councilman Cohen

All right. Do you have a motion to submit?

Councilman Nutter

Yes. Mr. Chairman, first I'd move Bill 040771, which is the ordinance that actually places the question on the ballot, for which there are no amendments.

Councilman Cohen

Ballot question.

Councilman Nutter

Yes. I move that Bill 040771 be reported out of this committee with a favorable recommendation, and a further recommendation that the rules of Council be suspended so as to permit first reading at our next session.

Councilman Kenney

Second.

Councilman Cohen

Any discussion? (No response.0

Councilman Cohen

If not, all in favor please see aye. (Chorus of "ayes.")

Councilman Mariano

Can I do 148 Law & Government - 3/1/05 discussion? I didn't speak quick enough. I'm going to vote no for this. And let me just explain. The reason that I want to vote no is I really don't think this is true ethics reform. I think it's almost a start, but there's no ethics board, and I'll leave it at that. Okay.

Councilman Cohen

All right. The motion is carried. Let the record show Councilman Mariano's vote of no, and all other ayes. Next motion.

Councilman Nutter

Thank you, Mr. Chairman. I move that Bill Number 040772 as amended be reported out of this committee with a favorable recommendation, and a further recommendation that the rules of Council be suspended so as to permit first reading at our next session.

Councilman Kenney

Second.

Councilman Mariano

Same argument, Councilman.

Councilman Cohen

What's that? 149 Law & Government - 3/1/05

Councilman Mariano

I'll be voting no. Same argument as last one. Thank you.

Councilman Cohen

All right. All those in favor, please say aye. (Chorus of "ayes.")

Councilman Cohen

Those opposed?

Councilman Mariano

No. 10

Councilman Cohen

Councilman Mariano votes no. 12 The motion is carried.

Councilman Nutter

Mr. Chairman, I move that Resolution Number 040818 as amended be reported out of this committee with a favorable recommendation.

Councilman Kelly

Second.

Councilman Cohen

Any discussion? (No response.)

Councilman Cohen

Hearing none, all those in favor please say aye. (Chorus of "ayes.")

Councilman Cohen

Those opposed? Councilman Mariano?

Councilman Mariano

I'm in favor. 150 Law & Government - 3/1/05

Councilman Cohen

He voted in favor. The motion is carried unanimously by the committee.

Councilman Cohen

Okay. Yes.

Councilman Kenney

I just want to make take a moment, if I can, a very quick moment, to thank Councilman Nutter for all his hard work in this area. I know that he struggled with these bills for a long period of time. He's been very open minded and understanding to people's issues and needs; has been very forthright in his opinions and positions; and has done all the hard, diligent work to get this thing where it is today. I think he deserves the lion's share of the credit for having us at the point we are here in our history. And I would make one caveat, though, that I don't think this fight is over yet. And I would suspect that the media and the public need to continue to be vigilant as to what's going to go on in the next couple of 151 Law & Government - 3/1/05 weeks, to make sure that we get this bill in its form right now passed by this Council and signed by the Mayor. But I'd like to thank the Councilman for all his continued due diligence and effort. He's always thorough and always to the point. So I want to thank him personally.

Councilman Nutter

Thank you, Councilman.

Councilman Cohen

I think those words are fully merited to Council Nutter. As I stated earlier today, although he may not have been the de jure representative of City Council in negotiations, he was clearly the de facto representative of City Council because he, more than anyone else in the Council, but more than all other members of the Council combined, spent time doing the hard work of working the details and carrying the vision of a City that's no longer corrupt nor contented.

Councilman Nutter

Thank you. 152 Law & Government - 3/1/05

Councilman Cohen

Is there any further business to come before the committee today? If not, the committee will stand in recess until Monday, March 7, when the committee will be meeting again on other matters. COUNCILAN NUTTER: With regard to the other bills, Mr. Chairman, while they were advertised, they are on hold in this committee. There are any number of conversations that are still taking place. And to be honest with you, my focus at the moment is on the three bills or the two bills and the Resolution that came out of committee today. And I'm going to leave it at that for the moment. Thank you. Thank you, Mr. Chairman, for your leadership.

Councilman Cohen

Thank you. (Meeting concluded at 4:45 p.m.) 153 Law & Government - 3/1/05 CERTIFICATE I HEREBY CERTIFY that the proceedings and evidence are contained fully and accurately in the stenographic notes taken by me upon the public meeting of The Philadelphia City Council, taken on March 1, 2005, and that this is a true and correct transcript of same. _____________________________ DAVID A. DEIK, RPR and Commissioner of Deeds (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)