have broken some parts of the original letter into paragraphs;
and the text has been fitted to this page width --paul--
27 June, 2002
Councilman __________ 414 Grant St. Pittsburgh PA
It seems the Administration is about to have the
WE-HAV program regardless of the wishes of home owners of the Western neighborhoods.
We were left with little to work with except the support of Council, and
elegant words unfortunately, can be much more effective in swaying opinion
than nitty-gritty details. But Thanks for this one last opportunity to
express my thoughts.
At the 26 June, 2002 committee meeting of City Council
Councilman Hertzberg entered into the public record among other documents
the following: 1) The WE-HAV package, as mailed, in accordance with the
Neighborhood Improvement District Act 2) Act 2000-130 (HB 1142) establishing
the Neighborhood Improvement District Act. 3) A letter from the City Solicitor
outlining a review of Act 2000-130 as the enabling legislation for the
proposed WE-HAV program.
I would now like to furnish you with two additional
documents which may be of interest to you:
1) A six page "WE-HAV Fact Sheet" and an
included reply postcard which was mailed to some 8,000 home owners in the
NID district. This piece of propaganda was prepared by and mailed by the
administration under the guise of the WE-HAV Task Force.
Repeated questioning, at the informational meetings
called for in the mailing, yielded no idea of Who or How Many made up the
WE-HAV Task Force. 2) A June 11, 2002 letter, to me, from the City Solicitor
indicating that PA Act 2000-130 [HB 1142 Enacted] had been reviewed and
found acceptable to enable the WE-HAV program. But as of that time no one
on City Council had requested a review of Bill No. 5 to see if it conformed
to the requirements of the NID legislation.
If this review is ever undertaken the "WE-HAV
Fact Sheet" of item 1) should be included. The WE-HAV Task Force has
in effect told the some 8,000 homeowners that this is what Bill No.5 says.
The following summaries extracted from the three
documents listed below is my lowly attempt to fairly present what each
document says in a format that can be reviewed in a relatively short time.
It is my hope that this cursory review of WHO Administers What, and by
What authority, will wet your appetite for other inconsistencies in this
legislation and how it was explained to the voters.
WE-HAV Fact Sheet (Mailed on or about 5 June
Consisting of three yellow sheets of printed matter and a postage-paid
Page 2 How would the WE-HAV program be administered?
Nine unpaid volunteer commissioners who would be appointed by the Mayor
and approved by City Council would administer the WE-HAV program.
All nine commissioners would be appointed from a list of nominees submitted
by community organizations in the WE-HAV district.
In addition, all nine members would be residents of the WE-HAV district.
The WE-HAV Commission would be responsible for the
day-to-day operation of the program.
The West Pittsburgh Partnership, an existing non-profit corporation, would
act as management entity for the program.
Page 2 Whom are we paying to run this Program?
The WE-HAV Commission would be responsible for hiring any staff necessary
for the successful operation of the WE-HAV program.
City of Pittsburgh Bill No. 5 Introduced Jan. 7,
Section 6. ADMINISTRATION OF PROGRAM
(a) The program shall be administered by the West Pittsburgh Partnership,
an existing community development corporation.
A special advisory board of nine commissioners shall be appointed.
This board exclusively shall administer the program.
(b) Selection of Commissioners.
The Mayor of the City of Pittsburgh shall appoint five of the commissioners,
and City Council shall appoint four.
Seven of the nine commissioners shall be chosen from
Nominees submitted by community organizations, as defined in Section 4(c).
In addition, at least five of the nine commissioners
shall reside within the program district.
(c) Terms of Commissioners. …
(d) Compensation of Commissioners. …
(e) Vacancies on the Board. …
Section 7. DUTIES AND FUNCTIONS OF GOVERNING COMMISSION
The duties and function of the governing commission shall include the following:
(a) To conduct and oversee the day-to-day operation of the program, including
but not limited to the processing of homeowners applications for participation
in the program and claims by program members against the guarantee fund.
(b) To establish policies, rules, regulations, bylaws and procedures for
the governing commission and for the program, the adoption of which shall
require prior notice to the residents of the program district and an opportunity
for such residents to be heard.
(c) To provide …
(d)To perform …
4(c) "Community organization" means a not
-for-profit organization which has been registered as such in the state
of Pennsylvania for at least 5 years, which qualifies for tax-exempt status
under Section 501(c)(3) or 501(c)(4) of the United States Internal Revenue
Code of 1986 as now or hereafter amended, which continuously maintains
an office within the program district, along with a listed phone number,
and whose members reside within the program district.
4(e) "Governing commission" means the board
of nine commissioners of the West Pittsburgh Partnership appointed to administer
the program as outlined in Section 6.
Pennsylvania Legislation Act No. 2000-130 ( HB 1142
) Signed Dec. 20, 2000 Neighborhood Improvement District
Section 4. Powers of Municipal Corporation.
Every municipal corporation shall have the Power:
(2) To establish an authority to administer
the NID or to designate an existing community development corporation or
other existing nonprofit corporation to administer same or to create a
community development corporation or other nonprofit corporation to administer
same under sections 6 and 7.
Section 6. Creation of neighborhood improvement district
(a) Association designated.-
When a municipality establishes a NID under this act, a neighborhood improvement
district management association shall be designated by the governing body
of the municipality in which the NID is to be located to administer programs,
improvements and services within the NID.
(1) NIDs created pursuant
to this act shall be administered by an NIDMA which shall be a an authority
created pursuant to the act of May 2, 1945 (P.l.382. No.164), known as
the Municipal Authorities Act of 1945, an existing nonprofit development
corporation, an existing nonprofit corporation or a nonprofit development
corporation or a nonprofit corporation established by the governing body
of the municipality in which the NID is to be located, to administer the
(2) … (c) Powers.-
NIDMA created under this act shall assume all powers provided for in section
7 immediately upon the effective date of the municipal ordinance enacted
under section 4 creating an NID.
Board.-Every NIDMA shall have an administrative board.
Where an existing nonprofit development corporation or other nonprofit
corporation is to serve as the NIDMA for a NID, the board shall be appointed
according to the bylaws of the NIDMA filed with the Department of State.
Section 7. Powers of neighborhood improvement district
General powers.-- …
Designate a district advisory committee, referred to as the DAC, for each
NID established within the municipality. Each DAC shall consist of an odd
number of members, between five and nine, who shall be representative of
the neighborhood's character, including, but not limited to, age, sex and
Section 3. Definitions
"District advisory council." A committee comprised of property
owners from the neighborhood improvement district established under section
7(a) for the purpose of providing guidance and direction to the neighborhood
improvement district management association concerning association activities
within the district.
"Neighborhood improvement district management association." The
governing body which oversees the management of neighborhood improvement
districts in a municipality as established under section 5, which hereinafter
shall be referred to as the NIDMA. Such a body shall be incorporated as
a nonprofit corporation in this Commonwealth or an authority established
pursuant to the act of May 2, 1945 (P.l.382. No.164), known as the Municipal
Authorities Act of 1945.
It is quite obvious that none of the documents say the
same thing about the subject of Administration. The WE-HAV Fact Sheet is
disinformation. No more needs to be said.
Is Bill No. 5 establishing an advisory board or a
Governing commission? The terms seem to be used interchangeably. And the
State law Act 2000-130 vests in the NIDMA all the powers Bill No. 5 is
trying to give it's Governing commission.
I think the State law will stand and the existing Board of Directors of
the West Pittsburgh Partnership will control the operations of the NID
and with it the WE-HAV program.
The Devil is in the Details!
Thank you for your considerate attention to this
John F. ( Jack ) Peth