COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING AND PUBLIC MEETING BEFORE COMMITTEE ON PUBLIC PROPERTY, PUBLIC WORKS - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, June 8, 2000 2:15 p.m. - - - BILL 000088 - Amending Title of the 8 Philadelphia Code relating to the contracts and procurement by adding Chapter 17-500, entitled 9 "Goals for the Participation of Minority, Female, and Disabled-Owned Businesses in City Contracts," 10 to extend the life of the Minority Business Enterprise Council (MBEC), grant authority to MBEC 11 to monitor participation of minority, female disabled-owned businesses and socially and 12 economically disadvantaged individuals in all City contracts, City agencies, and City quasi-public 13 agencies, and to require regular reporting to City Council, all under certain terms and conditions 14 BILL 000219 - Amending Chapter 16-400 of the 15 Philadelphia Code, entitled "Vacant and Surplus Properties," by amending Section 16-404, entitled 16 "The Vacant Property Review Committee," by adding a subsection on the Philadelphia Commercial 17 Development Corporation. PRESENT: COUNCILMAN JAMES F. KENNEY, Chair COUNCILWOMAN JANNIE BLACKWELL, V. Chair COUNCILMAN DARRELL L. CLARKE COUNCILMAN W. WILSON GOODE, JR. COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 (215) 561-2220 2 6/8/00 PUBLIC PROPERTY & PUBLIC WORKS I N D E X Page Bill 000219 Dave Boyd, Vice President. . . . . . . . . . . 3 Neighborhood Commercial Revitalization, Philadelphia Commercial Development Corporation Robert Smith, Vacant Property Review Committee Mjenzi Traylor, Acting Director. . . . . . . . Commerce Department Judith Robinson, Philadelphia Resident . . . . Real Estate Broker (Written testimony from Curtis Jones, PCDC, attached hereto.) Bill 000088 * James Roundtree, MBEC. . . . . . . . . . . . Deputy Financial Director and Director Stephanie Franklin-Suber, Chief of Staff . . . 16 * Louis Applebaum, Procurement Commissioner 28 17 * Mjenzi Traylor, Acting Director. . . . . . . 30 18 Commerce Department 19 Judith Robinson, Philadelphia Resident . . . . 33 Real Estate Broker 20 21 (* - Also provided written material, attached hereto.) 3 6/8/00 PUBLIC PROPERTY - BILL 000219 P R O C E E D I N G S
Good afternoon, ladies and gentlemen. The committee on Public Property and Public Works is now in session to hear testimony on Bill No. 000219 and Bill No. 7 000088. Bill No. 000219 is an ordinance 9 amending Chapter 16-400 of the Philadelphia Code, entitled "Vacant and Surplus Properties," by amending Section 16-404, entitled "The Vacant Property Review Committee," by adding a subsection on the Philadelphia Commercial Development Corporation. Is there anyone here in the room to testify on this bill? (Witnesses come forward.)
Please identify yourself for the record and proceed with your testimony.
Yes. My name is Dave Boyd. I'm Vice President for Neighborhood Commercial Revitalization for the Philadelphia Commercial Development Corporation.
And I'm Robert Smith, also 4 6/8/00 PUBLIC PROPERTY - BILL 000219 with the Philadelphia Commercial Development Corporation, and I presently serve on the Vacant Property Review Committee as a staff person.
We've already submitted testimony from the president of our corporation, Curtis Jones, Jr., and I believe you probably have that on hand already.
Yeah. If you could just synopsize it, that would be fine.
Yeah. We've been involved with participating in the Vacant Property Review Committee since the early '80s in helping us in our revitalization program in the commercial strips that are targeted for neighborhood commercial revitalization. This bill, as is my understanding, will give PCDC a membership on the Vacant Property Review Committee, which would give us better access to those City-owned properties that are on commercial corridors where we have deep concerns in real estate development. As you may be aware, right now, there is an intense effort by retail to come into the urban areas around the country, 5 6/8/00 PUBLIC PROPERTY - BILL 000219 especially in Philadelphia, and it gives us a better opportunity to be able to market real estate to these retail endeavors, plus also help and assist those who are already resisting businesses in Philadelphia that are on our commercial strips. Just as an example, I have here an article from the Chain Store magazine from May of 2000, which further -- the title of it is "The Rebirth of City Development," which basically explains all of the things that we know, as Philadelphians, that our neighborhoods have lots of people in them, that there's a lot of disposable income available for a lot of goods and services, and that there's mass transportation to get our people in and around the City. And it's untapped and it's underserved in many of the neighborhoods around Philadelphia. And so by becoming a member, we will have better access to the real estate that's available through the City.
I've participated with the 6 6/8/00 PUBLIC PROPERTY - BILL 000219 Vacant Property Review Committee for at least ten years now as staff, and it makes it, I think, very much easier for us to present developers and bring our proposals to the committee when we have the ability to make a formal request as a voting member.
Okay, fine. Are there any questions for these witnesses? (No questions.) Councilman, do you have anything you want to say or add, since this is -- okay. Thank you for your testimony. Is there anyone else here to testify on this bill? Please come forward. (Witness comes forward.)
My name is Mjenzi Traylor, and I'm the Acting Director of the Commerce Department. Councilman Kenney and other members of the committee, good afternoon.
I am here for the sole 7 6/8/00 PUBLIC PROPERTY - BILL 000219 purpose of adding or amending this bill to include the Commerce Department. I'm not familiar with all of the history of the committee that has found us not being a member of the committee, but we find that any interest that we have in matters that come before the committee have to be pursued through other members, and Commerce usually has some direct interest in the agenda for every meeting. And so my purpose here today is to appeal for the -- to seek to amend the bill to include the Commerce Department as a member of the committee.
Are there any questions for Mr. Traylor? No questions? Councilmember Blackwell.
Thank you. I will say that we are always supportive of anything to increase participation. Certainly we tried a year ago. We tried, in fact, before the (unintelligible) expired in order to get support for it to be extended, but we could not get it at that time. So we're glad that it's an idea whose time has come. 8 6/8/00 PUBLIC PROPERTY - BILL 000219 Thank you, Mr. Chairman.
Thank you very much. Any more questions? Councilman Goode?
This is not a question. I have no objection whatsoever to the Commerce Department being added. The only question is probably a technical question of the title of the bill, which reads: ". . . adding a subsection on the Philadelphia Commercial Development Corporation," so I don't know whether the bill can be amended.
You may have a point there. What I'd like to do is ask if we can get somebody from either Council President Verna's office or from the tech staff to get some type of informal legal opinion as to whether or not we're expanding the title. In the event that we are, are you suggesting that we go forward with this bill and then --
And then just do a 9 6/8/00 PUBLIC PROPERTY - BILL 000219 separate bill.
And do a separate bill for commerce? Okay. We'll take that into account.
Good afternoon. Please identify yourself for the record.
As I read over this bill, my concerns about it is that it's being extended, but I am. . .
Okay. My concerns about it is that I'm wondering, as I read it, it said that this entity should report to City Council. Is that information also available to the citizens?
I'm sorry. I think you may be testifying on Bill No. 000088 or on 219? Are you testifying on the MBEC, the Minority Business Enterprise Council?
That will be the next bill up, so if you could just have a seat, we'll make sure you get on it.
So you're talking about the Vacant Property Review Committee?
My concern's the same about that. If this body is interested in really supporting the Mayor and the blight elimination plan, then I contend that you all need to streamline the Vacant Property Review Committee. 11 6/8/00 PUBLIC PROPERTY - BILL 000088 SO from what I see here, you all haven't really done that. You all have added a few clauses about contractual relationships, etc., and the City agency in which this agency will report to. But I'm concerned about how that agency is dealing with the public. I'm a real estate broker with my own company, and people come to me that are interested in vacant properties. And once they go through the process -- I'll give you an example. Like the donor-taker program. I looked over the steps of the donor-taker program, and there are so many steps. I just wondered why you all could not consider a disposition process such as HUD or VA. I don't know if you all are familiar with it, but they let go. It appears to me that the City is holding on to a substantial number of vacant properties that need to be in the hands of taxpayers. I don't know why that is, and I have really examined it thoroughly to try to figure out why it is that the City, in various Council Districts, especially North Philly, where I live, I'm really concerned about that, that these properties are not put into the hands of 12 6/8/00 PUBLIC PROPERTY - BILL 000088 taxpayers. And as I look at the process to acquire these properties, there are too many steps, there are too many steps in which the City continues to kind of cling to them as though they have to. I would really respectfully request that you all get the steps that the federal government, HUD, is using to dispose of their properties. Also VA. The Veterans Administration, once a property is foreclosed on, can give a property, sell a property to individuals as well as nonprofit corporations. Now, the other thing that concerns me is that a lot of nonprofit organizations are given properties, but I would just respectfully again request that you look more to individuals of all kinds that could possibly purchase these properties and claim them. And then you can request that they pay taxes, especially in North Philadelphia, where's there's a substantial number of properties -- and with a little less, if I can say this, political attachment to them. So just maybe possibly we all, as citizens, can get these ideas out and come up with 13 6/8/00 PUBLIC PROPERTY - BILL 000088 a program where all of the acquisition programs that come through Vacant Property Review can be streamlined. And I thank you very much.
Thank you very much for your testimony. Is there anyone else to testify on Bill 9 No. 000219? (No response.)
Thank you for your testimony. I only wanted to comment on the fact that there are many of us in Council who have been, over the years, concerned about the availability, especially for City-owned property, 'cause that's easier for us to speak about or to control to the individual residents and taxpayers of the City. And, quite frankly, and over the years, we've talked about individual properties being dispersed to whoever wants them. But I think part of the bottom line is that for the City to convey individual properties 14 6/8/00 PUBLIC PROPERTY - BILL 000088 to do the title search and all that is required, they have to have some assurances. In fact, they do demand them, 'cause we've had other programs in the past where the City gave away properties and they were returned. For example, we've had women who would say, Boy, under this Urban Homesteading Program, if you give me a property, I'll take part of my check every month and I'll fix it up, and we found out that they just can't handle major systems on a State check. You can't do your roofing, your wiring, your plumbing, you just can't do it. And with the expense that it takes to convey a property, the City deals more not with individuals, because it's not cost-effective; they deal with bigger plans and bigger developers who want to come in, and with individuals on City-owned property if they can show that they have the wherewithal to finance rehab. And that's the way it comes down. They will give away City-owned property, but the applicant has to show that they have the wherewithal certainly to finance to that in order for them to do that. 15 6/8/00 PUBLIC PROPERTY - BILL 000088 In terms of -- but I agree that there's no plan for citywide disposal of every property in the City. We don't have that, and it would be great if we did we if all coordinated with all of our agencies such that we had a program for anybody to get any properties. It's better than it was, with CDCs, with a lot of City agencies, and people who care and understand, but certainly it's not what it could be. We thank you for your testimony.
For the longest time -- are you all familiar with HUD or VA disposition of properties at all, the process?
Okay. Well, the thing that I am concerned about, over the years I have been selling them, and these federal government agencies aren't as concerned about what a person 16 6/8/00 PUBLIC PROPERTY - BILL 000088 does with the property. Now, I know and I'm not trying to be ridiculous and think that you all are just going to give properties away and not be concerned about it, but I know also too that HUD properties are in better condition than the City properties.
Part of the problem that the City faces in this regard is that HUD and VA, at the time of their disposition own the properties outright, but they can dispose of their properties in a more streamlined fashion because they actually own the properties physically. What happens in the City when properties are abandoned is that there are still owners, there are back taxes, there are liens, and there's also the State Right of Redemption law, which allows an owner at the last minute to come right in and redeem the property by setting up a payment arrangement with the Revenue Department on the real-estate taxes or their water bills. And the issue is, it's simpler for the 17 6/8/00 PUBLIC PROPERTY - BILL 000088 federal government because they've already gone through the process of removing the liens, acquiring title, and having this in their housing stock in order to give away as they see fit. The problem that we face and part of the thing we need some help from the State government in changing those laws is to allow us to move quicker. Part of what this bill is doing, I think, will make it quicker because you will have agencies like the Philadelphia Development Corporation and eventually the Commerce Department also giving their input into the process.
Sir, I beg to differ with you. I think you all are laying on two more levels of bureaucracy. And what I'm saying -- I'm talking about only City-owned, already-named owned properties. As I said, I'm a real estate broker, and when I talk about owned properties, I do know what City-owned properties are. And I have watched in my neighborhood, North Philadelphia, Strawberry Mansion, where I grew up, and now where I own, the Woodstock-Diamond area, where there are City-owned properties that have been allowed to rot for years, and people want them. 18 6/8/00 PUBLIC PROPERTY - BILL 000088 It's not my business to try to sell City properties, because that's just not how it works, but people do call me and they ask me to look up a property, and I find that it's City-owned property, and they have owned 'em for like ten years, for instance. I'm only talking specifically about City-owned properties. So I understand all of the ramifications of trying to get a property out of the hands of a private owner, sir. Believe me, I do. But I'm talking about those properties that are owned by the City that need to be in the hands of taxpaying citizens. And I'll leave it alone because I understand what you all are saying, but you all need to understand clearly what the citizens are saying: They want those properties, they want to try to stabilize neighborhoods. And the only way you can do it is by putting them into the hands of the taxpayers, not some of these programs. And you have to be really clear on a program that's sort of going to coddle the purchaser once they purchase it. I want to give clear ownership and let them have the right to have the deed in their 19 6/8/00 PUBLIC PROPERTY - BILL 000088 name so they can go out and get a first mortgage or a second mortgage, or whatever they need, to move forward. I have sold homes to average and poor and low-income citizens that just had the inclination that they wanted to purchase a home. They purchased a HUD home, for instance, for $5,000 that they scraped and saved up, and they went there and took it room by room and fixed up those houses. They didn't gut the whole house and tear down walls and do all the things that you all have been made to believe are necessary to rehab a home. These are folks that just want basic homes, and once they build up their income and move along in the process, they'll be able to do more things and make their home better. They are homeowners now, they haven't given the home back to HUD, because it's not something that they can do. I just respectfully request that you all, as a body, think about giving properties to citizens that really are serious about it and maybe put some stop measures in the process so that they are able to move forward and own these properties and start paying some taxes on it so we 20 6/8/00 PUBLIC PROPERTY - BILL 000088 can build up the tax base. I really know it can be done. If you all need some assistance on it, I'd be willing to volunteer because I know it can be done. And in my neighborhood, I want it done real bad. Thank you all.
Thank you very much. Is there anyone else to testify on Bill 11 219? (No response.)
Seeing none, we'll move to Bill No. 000088, which is an ordinance 15 amending Title 17 of the Philadelphia Code relating to the contracts and procurement by adding Chapter 17-500, entitled "Goals for the Participation of Minority, Female, and Disabled- Owned Businesses in City Contracts," to extend the life of the Minority Business Enterprise Council (MBEC), grant authority to MBEC to monitor participation of minority, female disabled-owned businesses and socially and economically disadvantaged individuals in all City contracts, City agencies, and City quasi-public agencies, and 21 6/8/00 PUBLIC PROPERTY - BILL 000088 to require regular reporting to City Council, all under certain terms and conditions. (Witnesses come forward.)
Good afternoon. Please for identify yourself for the record.
Good afternoon, Chairman Kenney, and good afternoon, Councilmembers. That's -- reading that bill is going to be a little longer than my testimony, but. . My name is James Roundtree, and I'm Deputy Financial Director and Director of the Minority Business Enterprise Council. I have with me Commissioner Louis Applebaum, and Acting Commerce Department Director Mjenzi Traylor, and I welcome the opportunity to submit my testimony in support of Bill 88, as amended, granting the Minority Business Enterprise Council the authority to monitor the participation of minority, women, disabled-owned, social and economically disadvantaged businesses in all City contracts and quasi-governmental agencies. I have submitted written testimony so I'm going to be brief and just scan through a few 22 6/8/00 PUBLIC PROPERTY - BILL 000088 things that I would like for the record. Just to understand that MBEC currently operates under Executive Order 1-93, which authorizes the MBEC to establish participation arrangements for disadvantaged, minority, female and disabled-owned businesses in City contracts. This order also invests the MBEC with the responsibility of reviewing each City agency's bids and proposals for responsibility and responsiveness for the nondiscrimination requirements for the order. Most importantly, the order allows for the monitoring of participation of disadvantaged businesses in the City's operating department contracts. If I am correct in my interpretation of Bill 88, it will authorize the MBEC to monitor the contracts of the following quasi-public agencies: The Philadelphia Housing Authority; The School District of Philadelphia; The Municipal Authority; The Philadelphia Parking Authority; The Philadelphia Commercial Development Corporation; The Philadelphia Industrial Development 23 6/8/00 PUBLIC PROPERTY - BILL 000088 Corporation; The Center City District; Philadelphia Gas Works; The Redevelopment Authority of Philadelphia; The Philadelphia Housing Development Corporation; Penn's Landing Corporation; And others as depicted by the City's contracting relationships. Currently, those are the only areas that the 1-93 does not cover, but notwithstanding Bill 88 will have a significant fiscal impact on the MBEC. At a minimum, additional MBEC staff will be required to supplement the current staff levels dedicated to contract monitoring. There are also some technological deficiencies that will have to be addressed in our day-to-day monitoring of disadvantaged, minority, women, and disabled business participation. Currently, the City's ADPICS and ACIS and our FAMIS software systems support the MBEC reporting function, but the MBEC will need to purchase and incorporate software options to enhance the contract monitoring 24 6/8/00 PUBLIC PROPERTY - BILL 000088 specifically for minority, women, and disabled and disadvantaged businesses monitoring the quasi- agencies and authorities. Also, I wish to respectfully request that the three-month reporting requirement be amended to six months or a semiannual report. From my experience with compiling an annual report, in many times -- anytime less than six months will not adequately reflect the status of the agencies' participation level. For example, most of the construction projects go anywhere from to 36 months. And at many times, the 14 subcontractor arrangements on these projects are 15 not immediately available at the time that the 16 Authority or agency awards the contract. So I 17 believe that a semiannual snapshot of an agency's 18 contracting will be more adequately reflected of 19 any achievements or any deficiencies in the 20 agency's effort to include minority women and 21 disabled businesses. 22 MBEC supports the bill with the 23 recommendations made above. MBEC can best enforce 24 these quasi-public agencies' activities with the their cooperation.
And, finally, the bill does 25 6/8/00 PUBLIC PROPERTY - BILL 000088 represent a administrative burden to the MBEC that can be met through additional staffing and software enhancement. Thank you for your attention and the opportunity to testify in support of Bill 88. I would like to turn it over to Mr. Applebaum, and then I will still be available for questions.
Okay. I just want to put one issue on the record right now, and I know that the Chief of Staff is here and I'm hoping that we can get some clarification on the record. In your testimony, written testimony, Mr. Roundtree, it said, "Notwithstanding my support, Bill 88 will have a significant fiscal impact on MBEC. At a minimum, additional MBEC staff will be required to supplement the current staffing level dedicated to contract monitoring functions. And there's also technological deficiencies in the day-to-day monitoring of disadvantaged minority, female, and business participation." And you would be requiring additional software and other technical support in 6/8/00 PUBLIC PROPERTY - BILL 000088 an effort to do this. What I would like to get is some indication from the Administration that if we do pass this bill, the appropriate and requested additional finances that are necessary to increase your staff and to give you the tools you need, as long as we can get that on the record, I don't really see any problem with us supporting the movement of this bill. But it is something that's glaring out there, and I want to make sure we don't pass something that puts you in a position that you're not able to handle it from a staffing and support standpoint. So I don't want to hold you up, Chief of Staff. If you can kind of comment on that, and then we can move to the other witnesses. (Witness comes forward.)
For the record, my name is Stephanie Franklin-Suber. I'm Chief of Staff to Mayor John F. Street. The Administration does support this 27 6/8/00 PUBLIC PROPERTY - BILL 000088 bill. If the reporting requirement, as requested, may be expanded, the timeframe for the reporting requirement, then we believe that through the effective use of technology and other management and productivity initiatives that we would be able to absorb and deal with the cost of additional staffing. We certainly believe that the bill 10 itself is significant, and we support it and we believe we can find a way to resolve the cost implications.
Thank you very much. That's what we were looking for. Sorry to drag you upstairs, but I'd rather have it on the record.
Thank you very much. Are there any questions for the Chief of Staff? (No questions.)
Thank you very much. 28 6/8/00 PUBLIC PROPERTY - BILL 000088 Mr. Roundtree, are you -- I'm sorry, Mr. Roundtree, do you have anything else? Or do you want to pass to the property commissioner?
Thank you. COMMISSIONER APPLEBAUM: Good afternoon, Councilman Kenney and Committee members of City Council.
Good afternoon. COMMISSIONER APPLEBAUM: I'm Louis Applebaum, Procurement Commissioner of the City of Philadelphia. I am pleased to submit testimony in support of Bill No. 000088, as amended, granting the MBEC the authority to monitor the participation of minority, women, and disabled- owned, socially and economically disadvantaged business enterprises in all City and quasi-governmental-related contracts. My department currently provides contracting data to the MBEC through our ADPICS speed system. The Procurement Department data allows MBEC to monitor the participation of 29 6/8/00 PUBLIC PROPERTY - BILL 000088 minority, female and disabled, disadvantaged businesses on public works, services, supplies, equipment, and all concession contracts. I support MBEC in its request that the bill's three-month reporting requirement be amended to a six-month semiannual report. Like Jim Roundtree just mentioned, my experience with compiling this type of data indicates that you will gain a more realistic and valuable assessment of an agency's contracting activities if you limit these reports to a twice-yearly basis. In conclusion, the Procurement Department supports this bill, with the recommendations made by MBEC. My staff will continue to lend assistance to MBEC in its reporting of contracts bids through the Procurement Department. Thank you for this opportunity to testify on behalf of Bill No. 000088. I am available for any questions. Thank you.
Thank you very questions. Any questions for Mr. Applebaum? 30 6/8/00 PUBLIC PROPERTY - BILL 000088 (No questions.)
Mr. Traylor, please identify yourself again for the record and proceed with your testimony.
Good afternoon. My name is Mjenzi Traylor, and I am the Acting Representative of the Department of Commerce. I am here today to present testimony in support of amending Chapter 17-500, which states that the Minority Business Enterprise Council, MBEC, shall issue a report that outlines the participation of minority, female, disabled businesses and socially and economically disadvantaged individuals in the City of Philadelphia, its agencies, and quasi-public agencies to City Council every six months. Executive Order 1-93 requires City agencies, including the Commerce Department, to provide reports on contracts and participation in contracts to MBEC. The Commerce Department has been doing this. The Philadelphia International Airport, a division of the Commerce Department, has implemented a significant number of development projects. The airport reports 31 6/8/00 PUBLIC PROPERTY - BILL 000088 contracts pertaining to these projects to MBEC. The Commerce Department uses ACIS for its data entry for contracts. Participation in them is tracked through this reporting system. The Office of Housing and Community Development Equal Opportunity Division monitors employment goals in Commerce Department's CDBG contracts as they relate to minority participation. The Commerce Department places ranges or goals in many of its projects to encourage participation by socially and economically disadvantaged businesses in all phases of the contracting process. MBEC was established in 1982 to ensure that MBEs, WBEs, DS-DBEs, and DBEs are afforded equal access and opportunity to compete for and secure contracts within the City of Philadelphia. Many minority, women, disabled, and disadvantaged business entrepreneurs at times feel frustrated by some very real obstacles that block the road to success. By helping to generate new opportunities for minority-owned businesses, MBEC is working to eradicate some of these obstacles. This program helps open doors sometimes closed to 32 6/8/00 PUBLIC PROPERTY - BILL 000088 minority firms due to small size, limited resources, or even unfair perceptions. Historically, MBEs competed against large, non-minority businesses with substantial resources. The results were somewhat predictable. I look forward to looking closely with members of City Council and other City departments to continue to strengthen the economic base of the City. I'll be pleased to answer any questions you may have.
Thank you very much for your testimony. Are there any questions for this panel of witnesses? (No questions.)
Thank you very much. COMMISSIONER APPLEBAUM: Thank you.
Is there anyone else here from any agency or authority to testify on behalf or opposed to this bill? (No response.)
Is there anyone 33 6/8/00 PUBLIC PROPERTY - BILL 000088 else to testify on this bill? Please come forward.
Judith Robinson. Regarding Bill 88, first of all, from what I understand, this agency has been in existence for approximately or close to years. 11 Are they reporting to anyone outside of their 12 agency at this point? 13
They report to City 18 Council, yes, to the President's office. 19
I am not sure. Mr. Applebaum, can you enlighten as to the availability of the information? I'm sorry, Mr. Roundtree has an answer. (Mr. Roundtree returns to witness 34 6/8/00 PUBLIC PROPERTY - BILL 000088 table.)
James Roundtree, director of the MBEC. Once -- the annual reports are made public. Once they are sent to the Council President and to the Administration, then they become public.
And how are they disseminated and how are they made available?
I'm sorry, go ahead. Mr. Roundtree, remain here in case there's more questions.
Okay. Well, that makes me real clear on where I'm going next, because about four months ago, Mr. Roundtree, I wrote a 35 6/8/00 PUBLIC PROPERTY - BILL 000088 letter to your office, which I'm sure your office received because I did follow up to verify, and all I requested is the most recent past five years of how African-Americans, or minorities, if you want to add that all together, have participated over the past five years in City contracts. And I specifically asked for the capital projects as well as any professional services. And I did -- I know that your office received it because I did verify that you did, and I did follow up with several phone calls. I spoke specifically with Mr. Macklin (ph.), who I now understand is retired, and he was --
I'm sorry. That would be a surprise to him because he's working for the Council President.
Now with City Council, I understand, don't worry, I'm going to get to that, I'm going to get to that. Because this is what concerns me. After all of these years, I wanted to really try for compile for my own edification just how much difference it has been in the past five years since the executive order that Mr. Rendell put in 36 6/8/00 PUBLIC PROPERTY - BILL 000088 place in 1995. And so that's the reason why I asked for the information. I have not received it till this day. So I thought it was some cloistered, quiet information. If in fact this agency is charged with monitoring, and I thought advocating, but let's knock that off 'cause I did not see this on this bill here. But if they are charged with monitoring minority participation, then I just think that information should be readily available to the public for those of us that are outside of the systems so we could know that, in fact, there is some increase, because I definitely do not think it's fair to have taxpayers pay into a system and then when they approach that system with all credentials now, in order to try to build a business, that they should not be able to participate. And if there is any agency, such as OHCD and all of the other agencies, which I have, by the way, requested information from OHCD, Mr. Kevin Brooks and was always able to receive it, so that's why I was a little concerned and am here today because I am concerned that I was not 37 6/8/00 PUBLIC PROPERTY - BILL 000088 able to get that information from MBEC.
Well, what I suggest -- and I'm not making excuses for Mr. Roundtree or his office, but I know that even all of us here at the table from time to time will fall down on a letter or a request, and I know it's happened to me and I've met people outside and they were mad at me because I didn't get back to them, and mistakes are made. So what I would ask is that Mr. Roundtree try to provide that information to Miss Robinson today or tomorrow, whenever it's possible, and also perhaps we should investigate the possibility of putting this information -- making it available through the Web site.
And maybe in the library, because not everybody is not on the Worldwide Web, I know, although we all think they are.
Or in the library -- I know there's computers available, I know, also in the library, so if there's some other way we can begin to disseminate or make available information like this to people who are interested 38 6/8/00 PUBLIC PROPERTY - BILL 000088 in it, it would be a big help.
And the other thing I am concerned about too is that you're now giving this agency more control over like a wider area.
They'll have responsibility to monitor other agencies that they haven't been monitored in the past.
Right. And how can I say this in a very respectful manner to all of you. While everything is political, I understand that too, but sometimes it gets just maybe to me, just in a political sense, I'm just a average citizen. I'm saying to you all, can we please have a little more information and can we kind of open up this process so everybody, without being attached to everybody, can just have a fair opportunity? And I don't want you all to think I'm really totally ridiculous in asking some of these things, but I'm just asking as a citizen, kind of, you know, give everybody a chance.
Well, I'll tell you one of the things that I've always said to people, and it seems obvious to me anyway because I've 39 6/8/00 PUBLIC PROPERTY - BILL 000088 spent my career either working for elected officials or being one. You do elect all of us, your District people, your At-Large people, and we have access to that information. And calling us to make a request like that is not being connected; it's availing yourselves of what you pay your taxes for. And that's us and our staffs and our ability to go and seek information. Now, I'm sure that if, for example, you had called -- I don't know if you live in the 5th District, but if you had called Councilman Clarke or myself or Councilmember Brown or Rizzo, and said, Look, I sent a letter to Mr. Roundtree and didn't get a response, could you find out what's going on? I'm sure one of us would have been able to get the information you were needing. So government should work by simply picking up the phone and making the request. It's a big government and a lot of people and a lot of requests, but that's what we're here for. And I would available yourself of our services in the future if you don't get a response that you like from government.
Well, listen, I 40 6/8/00 PUBLIC PROPERTY - BILL 000088 respectfully understand what you're saying, and I definitely do call my Councilman, as he probably could tell you.
And I talk to him about a whole bunch of issues and I don't like to bug him for every little petty thing. To be honest, to me, that is not something that I would call my Councilperson about. I think I should be able to write a letter and respectfully follow up with the letter and request this information and receive it. I mean, what is the big deal here?
Well, let me tell you, we don't view it as being bugged.
You may a little feel awkward making a call like that, but you know what we worry about? The day our phone stops ringing. And then that's a real big problem. So, please, you really should use us 'cause I know people even on other requests like, I called City Hall to get the trash picked up 'cause they missed the trash. Well, who did you call at City Hall? Well, I called 1776, and it 41 6/8/00 PUBLIC PROPERTY - BILL 000088 didn't get picked up. The next call you should make is to one of us, 'cause we'll get it picked up or we'll have something to pay with you by not servicing you correctly. Councilmember Clarke?
Call Councilman Clarke first, he's your District person. (Laughter.)
But I also don't mind trying to help. Councilmember Miller.
I just want to say thank you for coming in. What's your name again?
Okay, Miss Robinson, it's a pleasure to hear you voice your, you know, real true concern about things in the City that could be improved on. And we all realize that the vacant property process could be better streamlined. In fact, there was a committee during the last Council session to deal 42 6/8/00 PUBLIC PROPERTY - BILL 000088 with just that issue of taking a look at the whole issue around vacant properties and vacant land. But I did want to say that I agree with Councilman Kenney that, you know, people are here to serve and you should give us a call, and I really appreciate you coming in 'cause we really don't have that many people coming in to testify at these kind of hearings.
But I do have a comment for Mr. Roundtree. One of the things that you've stated in your testimony, and you've kind of stated twice, that the only way that you can really fulfill the desires of this piece of legislation is through the integrity of the internal record keeping of agencies and also the cooperation of the agencies that you'll now be monitoring. Do you have any recommendations or do you think this committee needs to think further about recommendations around the enforcement if the cooperation, if the internal systems are not in place to provide you with the information that you need? 43 6/8/00 PUBLIC PROPERTY - BILL 000088
Before you answer the question, Councilmember Nutter is recognized for the purpose of leaving his "aye" vote on all amendments and all bills.
But I must leave the chambers, and I would like to be recorded as voting aye to move -- I believe there's going to be an amendment to Bill No. 000088, and I'd like to vote in favor of the amendment, as well as reporting bill out of committee. And if there's a suspension of the rules, the same. I would also like to be recorded as voting aye on Bill No. 000219, as well as any request for a rules suspension of Council. Thank you, Mr. Chairman.
Thank you very much. I'm sorry. Please proceed, Mr. Roundtree.
As far as the recommendations, one of the things we would do, if 44 6/8/00 PUBLIC PROPERTY - BILL 000088 the bill is passed, is to identify implementation of policy so that everyone is clear. When we -- the type of information that we need, when we need it, and what the purpose is. As Miss Robinson was stating, sometimes people send you things or they won't send you things 'cause they don't know what the true purpose is, so we need to sit down and develop an implementation policy on how we get the information. It will be at that time that I will have recommendations for you.
Okay. So that will happen with you and members of your staff, and maybe members of our departments, okay. Because this bill means nothing if it's not implemented.
And if you're not going to get the cooperation of those other agencies, this bill means nothing. So I, for one, would like to know what the outcome of the recommendations are before implementation starts.
And the reason why we stated it twice is 'cause it's very important that 45 6/8/00 PUBLIC PROPERTY - BILL 000088 we put on the record that we need that information to be, for lack of a better term, to be correct.
We need as technologically-sound information as we can get. As we're reviewing our (unintelligible) studies, one of the greatest problems that we've had is the tracking of the information from prior years. We need to make sure that the integrity of the information that we've receiving is sound. And since this bill is the only one that will allow us to monitor it, we want to make sure that the information that we receive on both ends is correct.
Right. And that's one of the reasons why I raised it when I read it, because I know that at some of our past hearings that we've had regarding minority participation, sometimes we've asked questions that you really haven't been able to answer because of lack of participation -- lack of cooperation or the internal systems in place to really crunch the numbers out, and we just don't want to just be doing this just because we need 46 6/8/00 PUBLIC PROPERTY - PUBLIC MEETING something to do; we want to have this bill because we want to get real information to see what's going here so we can make a fair assessment.
Thank you very much. Are there any more questions for Mr. Roundtree? (No further questions.)
Thank you. Is there anyone else to testify on this bill? (No response.)
That will conclude the public hearing on the Committee on Public Property and Public Works. Oh, excuse me, I'm sorry. For the record, under advice from counsel, Bill No. 21 000219, due to a title problem, cannot be amended to include the Commerce Department, so we will ask, I guess, the sponsors, Councilmembers Goode and Reynolds Brown and Nutter to prepare an additional piece of legislation to include the 47 6/8/00 PUBLIC PROPERTY - PUBLIC MEETING Commerce Department. So with that, I would like to recognize Councilmember Miller for a motion to approve Bill 5 No. 000219 with a rules suspension.
I move that Bill 7 No. 000219 be reported out of committee with a favorable recommendation and with a motion to suspend the rules so as to permit first reading at the next Council session?
Moved and seconded. All in favor, aye? There are none opposed. Bill No. 000219 will be reported out of this committee favorably and request will be made for a rules suspension to allow for first reading at our next Council session. Oh, by the way, the amendment to Bill 22 No. 000088 will be , Paragraph (d), changing the word "three" in the last line, last sentence and replacing it with the word "six," as I understand the request made by the Minority 48 6/8/00 PUBLIC PROPERTY - PUBLIC MEETING Business Enterprise Council to have a six- instead of a three-month period of reporting. Oh, I'm sorry. Councilmember Clarke?
Thank you, Mr. Chairman. In consultation with the Law Department, we've been asked to make additional amendments to be read as such: Adding to Section 10 17-501 a definition for "quasi-public agency" as any and all authorities and quasi-public corporations which either: (i) receive appropriations from the City; or (ii) have entered into continuing contractual relationships with the City; or (iii) operate under the legal authority granted to them by City ordinance; or (iv) any board or commission to which the Mayor of the City of Philadelphia or the Council of the City of Philadelphia is entitled to an appointment. We're asking them to delete the language from Section 17-502 under "Implementation and Applicability." And we would like to insert: 49 6/8/00 PUBLIC PROPERTY - PUBLIC MEETING (2) notwithstanding the expiration --
It would be after 17-502, at the end of the section. It would be a new section 17-503.
And that new section will read: "Notwithstanding the expiration of the effective date of this Chapter, or any judicial determinations concerning the legality of any of the substantive requirements of this Chapter, the Minority Business Enterprise Council shall issue a report that outlines the participation of Minority, Female, Disabled Business and Socially and Economically Disadvantaged Individuals in the City of Philadelphia, its Agencies, and Quasi-Public Agencies to City Council every six 50 6/8/00 PUBLIC PROPERTY - PUBLIC MEETING months after the date that this bill becomes effective."
The amendments should be provided to the stenographer to ensure accuracy. (Marked up copy of amendments attached hereto.)
Okay. The Chair recognizes Councilmember Clarke for a motion to approve the amendments of Bill No. 88.
Thank you, Mr. Chairman. I make a motion that Bill No. 17 000088, as amended, be --
I'm sorry. I move the approval of the amendments to Bill No. 88. (Duly seconded.) 51 6/8/00 PUBLIC PROPERTY - PUBLIC MEETING
It's moved and seconded. All in favor, aye? There are none opposed. Bill No. 000088 will be amended accordingly, as read into the record. The Chair recognizes Councilmember Clarke for a motion on the amended Bill 88.
I move that Bill 11 No. 000088, as amended, be reported out of this committee with a favorable recommendation and a suspension of the rules so as to allow first reading at the next Council session.
And that bill will be reported out this committee, as amended. And is there a second? (Duly seconded.)
All in favor, aye? There are none opposed. Bill No. 000088, as amended, will be reported out of this committee favorably and a request will be made for a rules suspension to allow for first reading at our next Council session. 52 6/8/00 PUBLIC PROPERTY - PUBLIC MEETING Oh, by the way, just so that the record clear, membership at today's committee hearing was: Councilmember Rizzo, Councilmember Nutter, Councilmember Blackwell, Councilmember Miller, Councilmember Reynolds Brown, and Councilmember Clarke, and chaired by Councilman Kenney. That concludes the business of this committee. Thank you very much. (Adjourned at 3:00 p.m.) - - - 53 C E R T I F I C A T E I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, June 8, 2000, were reported fully and accurately by me, and that this is a correct transcript of same. RE: COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS BILL NO.'S 000088, 000219 __________________________________, JOSEPHINE CARDILLO, Registered Professional Reporter