COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, May 26, 2005, 10:22 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN F. RAMOS COUNCILWOMAN BLONDELL REYNOLDS-BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO Stated - 5/26/05 P R O C E E D I N G S
May I have everyone's attention, please. Thank you. Good morning. To give our invocation this morning, the Chair welcomes Reverend Dominic Joachim of the Holy Temple of Deliverance. He is here today as the guest of Councilman Rizzo. I would ask all members and guests to please rise. REV. JOACHIM: Good morning, everybody.
Good morning. REV. JOACHIM: For the Bible says, this is the day that the Lord has made and that for that we will rejoice. In the Book of Ecclesiastes, let us all come to the conclusion of the matter. So, this morning, we are here and we believe God and everything that He's doing. Beloved, this morning, I want to Stated - 5/26/05 thank you most of all for your responsibility towards the world, towards the country, and towards the city, and towards one another. As we bow our heads this morning, we say, Mighty God, the everlasting Father, we come before You this morning to ask for Your grace and ask for Your mercy. We pray Your anointing in this building upon every individual under the sound of my voice. I pray the blessing of healing. I pray the sound mind. And God, I thank You for Your grace and Your mercy to dwell in this building. And we ask all that this morning in the name of the Father, the Son and the Holy Spirit. And everybody say amen.
Amen. REV. JOACHIM: God bless you. Peace be with you.
Thank you. The Chair thanks the Reverend for his very inspiring invocation. Stated - 5/26/05 REV. JOACHIM: Thank you. (Pause.)
Council will be at ease. The next order of business is the approval of the Journal of the Meeting of Thursday, May 19, 2005. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the Meeting of Thursday, May 19, 2005 stand approved.
It has been moved and properly seconded that the Journal of the Meeting of Thursday, May 19, 2005 stand approved. All in favor will please indicate by saying aye. (Chorus of "ayes.")
The ayes have it, the motion carries, and the Journal of the Meeting of Thursday, May 19, 2005 is approved. The next order of business is requests for leave of absence. And again, The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absence on the part of the majority.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the Republicans there are no questions for leaves of absence.
Thank you. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in chambers Stated - 5/26/05 this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. We certainly invite you to come again. At this time the Chair recognizes Councilman Mariano, who will present a resolution honoring Phillip R. Goldsmith, former Managing Director for the City of Philadelphia. Will Mr. Goldsmith and those accompanying him please join the Councilman at the podium. And Councilman Mariano is being joined by Council members DiCicco and Ramos. And where is Mr. Goldsmith? Oh, he's baby-sitting. The Chair recognizes Councilman Mariano.
Thank you, Madam President. It's good to hear babies cry inside the Council chambers instead of Stated - 5/26/05 Council members crying. (Laughter.)
Not that they wouldn't, mind you. That's enough. Whereas, Mr. Phillip R. Goldsmith became the Managing Director of the City of Philadelphia on February 3, 2003, and brought with him over 30 years of professional accomplishments in both public and private sector; and...
Whereas, Mr. Goldsmith's well-developed leadership skills, and his ability to openly and directly communicate have guided him to seek positions in a wide array of fields, including law, journalism, government, education, banking, and human resource consulting. And whereas, prior to his appointment as Managing Director, Mr. Goldsmith served as the acting executive director of Fairmount Park, the interim chief executive officer for the School District of Philadelphia, and executive officer of the PNC Bank Corporation, and as a Philadelphia Stated - 5/26/05 Inquirer reporter and editorial writer during which time he was a finalist for the Pulitzer Prize for editorial writing and a winner of numerous state and national awards; and... COUNCILMAN DiCICCO: Whereas, during Mr. Goldsmith's tenure as Managing Director, the City has seen significant accomplishments as a result of the programs and initiatives he has overseen as the chief operating officer of the City, including unprecedented improvements to emergency response times that have been critical to cutting down on the number of emergency-related deaths and injuries of both City residents and City employees, the launching of Global Philadelphia to unify the City's efforts to strengthen the relationship between diverse linguistic communities and the City, by improving Philadelphia's language accessibility, countless quality of life improvements realized through his tremendous support of the community life improvement program also known as CLIP, and his willingness to target urban scourge by Stated - 5/26/05 regulating honor boxes and illegally posted signs, the rightsizing of City government through citywide fleet reduction which in the past year alone has led to 300 fewer City-owned vehicles and provided the City with annual savings of $1.6 million. Now, therefore...
Resolved by the Council of the City of Philadelphia that we hereby honor and commend Phil Goldsmith and thank him for a career of exemplary service. While his departure is undoubtedly a tremendous loss to us all, we thank him for his reason and intellect which was exceeded only by his passion for the City. We wish him success in all of his future endeavors. Further resolved that an engrossed copy of this resolution be presented to Phillip R. Goldsmith as evidence of the high esteem and sincere gratitude of this legislative body. Signed by Anna Verna and the rest of the members of City Council. (Applause.) Stated - 5/26/05
Thank you very much. I know you have a full agenda today. Unfortunately, I can't be here for it. But I want to thank you, and I want to thank Council for, I thought, the good working relationship that we had. And I think at the end of the day we're all about making the City a better City. And I thank you for your help in helping me and helping my staff and the employees of Philadelphia do our job. And I promised my grandson I would take him up to the tower today. And he's saying he wants to go now. So, I'm going to let you get back to work. Thank you all very much. Thank you. (Applause.)
At this time the Chair recognizes Councilman Rizzo Stated - 5/26/05 who will present a resolution honoring David Auspitz and his family. I would ask that Mr. Auspitz and the members of his family please join the Councilman at the podium.
Good morning, everyone. The Auspitz family is here. Could you all stand and be recognized, please. As a matter of fact, your niece is from Orlando and her fiancee is from France. And they're here to be married in our City, President Verna. Isn't that great? Congratulations.
Isn't that wonderful. Congratulations. (Applause.)
Councilman Rizzo is being joined by Councilman DiCicco.
Thank you. By the way, Mr. Auspitz now is in the cookie business, so we're going to have a good time after the Council session. As we all know, David Auspitz is also our Chairman of the Zoning Board of Adjustment, and we thank him for that Stated - 5/26/05 service. Recognizing, honoring, celebrating and thanking David Auspitz and his family, owners of the Fourth Street Deli, the accommodation of choice for election day socializing and strategies, business deals and union activities, journalists and journalees and the geniality of local celebrities. After four generations and 82 years of commitment to the City of Philadelphia, whereas, the famous Fourth Street Deli, under the leadership of four generations of family, including David Auspitz and his father Sam Auspitz served as a prominent business and contributed to the growth of Philadelphia for 82 years. COUNCILMAN DiCICCO: Whereas, the famous Fourth Street Deli offered exemplary service and only the best products, including the best pastrami, corned beef and famous cookies this side of the Mason Dixon line to its customers; And whereas, the Fourth Street Deli Stated - 5/26/05 served as a second office or a second home to many politicians, business persons, and residents of Philadelphia. And whereas, the Fourth Street Deli has become an icon of our City; Now, therefore...
Be it resolved by the Council of the City of Philadelphia that it honors, celebrates and thanks David Auspitz and his family, owner of the Famous Fourth Street Deli, the accommodation of choice for election day socializing and strategies, business deals and union activities, journalists and journalees and the geniality of local celebrities, after four generations and 82 years of commitment to the City of Philadelphia. Further resolved that an engrossed copy of this resolution to be presented to David Auspitz, further evidencing the sincere admiration and gratitude of this legislative body. Congratulations, Mr. Chairman. (Applause.) Stated - 5/26/05
This is probably the closest I'll get to an Academy Award, so I'd like to thank my wife Janie. I love you. Didn't forget that. I want to thank City Council because you've taken zoning to a new height, and it probably created a national model, by having every District Council having somebody assigned to help people with zoning. When you apply for zoning in Philadelphia, you now get a map and a letter that comes with it. The map tells you who your District Council person is, to contact them. They'll put you in touch with the civic associations and help you through the process. That process of allowing people to work before they come in front of us now means that over 90 percent of the cases we hear are now passed with proviso as yes. And that's pretty exciting. The City is growing and probably Stated - 5/26/05 mostly because of Council coordinating the civic groups and the developers. If you come up to our hearings, you'll often hear us say that we won't build anything for seniors we wouldn't put our parents in, we won't build anything for children that we wouldn't put our children in, and we surely won't build any housing in Philadelphia unless we would live in it ourselves. We're very proud of that. (Applause.)
Thank you. And after I'm done arguing with people, I always say, I'm sorry, but you know what? My parents are proud of me. And I can tell you two things right now. And first of all, I can tell you that I know right now my parents are very proud of me. And I'm really excited with this honor. And now something on a very personal note. Knowing most of you, and knowing the work you do, and how you're role models, and what you do in the communities and what you do for the City, without getting mushy, I Stated - 5/26/05 just want to tell you, your parents either are or they would be very proud of you. Thank you. (Applause.)
Thank you. Mr. Auspitz, we thank you for all of your public service. And we certainly thank you for the lovely cookies. And I would like the Council members to know that they can certainly help themselves to them. Thank you. And I think it would be very nice if the family would come up and take a photo. Council will be at ease. (Pause.)
At this time, The Chair recognizes Councilwoman Brown, who will be joined by Councilwoman Blackwell, to present a resolution celebrating the 10th anniversary of Teenagers in Charge. Will Mrs. Judith Demorney McDaniel and those accompanying her please join the Councilwoman at the podium. Stated - 5/26/05
Thank you. Good morning. Resolution celebrating the 10th anniversary of Teenagers in Charge. Whereas, T.I.C. was founded in May 1995, in an effort to address the needs and concerns of our youth, ages 13 to 19 years old in the City of Philadelphia; And whereas, Teenagers in Charge is a non-profit organization whose mission is to help teens build their self esteem, heighten their cultural and community awareness, and learn how to take charge of their lives by interacting with others and facilitating and participating in educational lectures; And whereas, Teenagers in Charge empowers teenagers to take a stand and take charge of their lives, their education and social issues; And whereas, over the past nine years, Teenagers in Charge has partnered with Wade Time Warner Cablevision, community-based organizations, and local colleges to collect clothing, canned goods and toys for children Stated - 5/26/05 in shelters; and...
Whereas, over the past five years Teenagers in Charge has partnered with the Office of City Councilwoman Blondell Reynolds-Brown in collecting thousands of mittens, gloves and hats for children in the homeless shelters and transitional housing through the warmth and winter project; And whereas, Judith Demorney McDaniel is the founder of Teenagers in Charge, and she has dedicated herself to creating the next generation of young leaders who are dedicated young people and engaged members of their communities. Now, therefore, resolved by the Council of the City of Philadelphia that we celebrate the 10th anniversary of Teenagers in Charge and honor Judith Demorney McDaniel for her commitment to youth and passion for community service. Further resolved, that an engrossed copy of this resolution be presented to Judith Demorney McDaniel as evidence of the Stated - 5/26/05 sincere sentiments of this legislative body. Signed by our President, Anna C. Verna, introduced by Blondell Reynolds Brown, and sponsored by all members of the City of Philadelphia City Council. (Applause.)
The Chair recognizes Mrs. McDaniel for remarks. MRS. McDANIEL: Hi. Good morning, everyone. First I want to say thank you to Councilwoman Blondell Reynolds-Brown and her colleague, Councilwoman Jannie Blackwell, because over the past ten years we have worked effortlessly in making things happen. And this resolution actually gives me motivation to continue the work that is needed with our teens so that they can stay out of trouble. And the next ten years is going to be dedicated to my daughter, who will be 13, and she will be a part of the organization. So, thank you so very much for taking the time and doing this. And it's Stated - 5/26/05 very much appreciated. (Applause.)
The Chair now recognizes Councilwoman Tasco who will present a resolution declaring May 28th through May 30th as Cherokee Heritage Weekend. Will Chief Buffy Redfeather and those accompanying her please join the Councilwoman at the podium. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. It's a pleasure this morning to present this resolution declaring May 28th to the 30th, 2005 Cherokee Heritage Weekend in celebration of the 12th annual Cherokee Indian Festival. And I believe we've been giving this resolution for 12 years. CHIEF REDFEATHER: 12 years. Stated - 5/26/05
Whereas, predating the arrival of the European explorers of almost 500 years, the Cherokee Indians occupied much of the Southern Appalachian Mountain area, to the eastern seaboard of what is now the United States, and provided the new settlers with new techniques of working and living on the land. And whereas, the Cherokee Nation today consists of three major groups: The Eastern Band, the Western Band, and the Southeastern Cherokee Confederacy, representing the largest Native American group in the United States. And whereas, the Southeastern Cherokee Confederacy of Pennsylvania, which was designated as an official Cherokee Group in July 1988, with Buffy Redfeather Brown's appointment as Chief and Hamilton Hawk Brown as Vice Chief by the tribal chief at Okalocknie, Georgia, now counts 18,375 Native Americans within the Commonwealth of Pennsylvania. And whereas, the Southeastern Stated - 5/26/05 Cherokee Confederacy of Pennsylvania has flourished since its formation. The Tribal Council has been successful in preserving the Cherokee language, whose written alphabet was invented in 1821 by Sequoia, making the first Native American newspaper, the Phoenix, possible in 1828. And whereas, the Southeastern Cherokee Confederacy also offers the culture of the Cherokee Nation to students and public and private schools and universities throughout the Commonwealth with exhibits of dance, arts, craft, music and Cherokee regalia and ideals. And whereas, the Southeastern Cherokee Confederacy of Pennsylvania preserves the tradition of great respect for learning and education, through a scholarship fund and the sponsorship of the Cherokee Festival, enabling the award of 14 scholarships to worthy and needy students. They're four-year scholarships. CHIEF REDFEATHER: Yes.
Whereas, the Stated - 5/26/05 Southeastern Cherokee Confederacy will host representatives from at least ten states at the Cherokee Festival over the Memorial Day weekend in its fund-raising activities. Now, therefore, resolved by the Council of the City of Philadelphia that we declare May 28th through the 30th, 2005, Cherokee Heritage Weekend, and salute the 12th annual Cherokee Indian Festival. Further resolved, that an engrossed copy of this resolution be presented to Chief Buffy Redfeather Brown for her zealous representation of the Cherokee people and her embodiment of the Indian way and spirit as an expression of the sincere sentiments of this legislative body. Certification that this is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 19th day of May, 2005. We congratulate you and thank you so much for your leadership. (Applause.)
The Chair Stated - 5/26/05 recognizes Chief Buffy Redfeather for remarks. CHIEF REDFEATHER: Oco. Oco is Cherokee for hello. Oco. AUDIENCE: Oco. CHIEF REDFEATHER: Oco. Thank you so much for this wonderful, wonderful honor. We are dedicated not just to our people but to the City of Philadelphia. And it's going to be -- It's very important that we have our festival every year. It's our way to raise funds for our Native American college scholarship. And today I'm here alone. I usually come with my Tribal Council, but all of my people are out at Temple University, Ambler Campus, preparing everything for this weekend. We have nations, tribes coming from all over the country. We have them from Tollequa, Oklahoma; Wichita, Kansas; Florida; North Carolina; Georgia. So, we had over 50 different nations who will be represented at Stated - 5/26/05 Temple Ambler Campus. So, we would appreciate it if you could come and enjoy the Native American food. We will have over 150 dancers in full regalia. So, it's going to a busy, busy weekend. But I do thank the President of City Council, Marian Tasco, and all of City Council for the way, the great way they always show their support for us. Thank you. (Applause.)
Thank you. Thank you very much. Council will be at ease. I'm sorry. Go ahead. Did you want to say something? CHIEF REDFEATHER: I just wanted to let you know, I just presented the President and also Mrs. Tasco with white sage. And what happens, when you burn it, the smoke comes up, the same smoke that you can see in various churches. So we have a habit of saying, the smoke, whether it's in a church or whether Stated - 5/26/05 it's at the Cherokee Festival, it's all holy smoke. Thank you. (Applause.)
Thank you. Thank you very much. Council will be at ease. (Pause.)
The Chair again recognizes Councilwoman Tasco who will present citations to the winners of the Black History Month oratorical contest. Will Miss Dana King and the winners of the contest please join the Councilwoman at the podium.
Madam President, today we are honored to have in our presence three of the finalists of the School District of Philadelphia's African American History oratorical competition. During this competition, school winners representing the best entries from the lower, middle and upper grade levels were selected to compete in the City-wide finals Stated - 5/26/05 by delivering their orations before a diverse panel of judges. This annual event is coordinated by the efforts of Dana King, lead academic coach and supervisor of the School District's African American Studies Department. Mrs. King has put her and soul into organizing this program. This is Dana King. The finalists for the contest are, first place winners, lower level, Najah Jacobs of the Amy at J.M. Central East. The middle level, Michelle Roane, Amy Northwest. Upper level, Anthony Miller, Gant South. Second place winners, lower level, Latesha Johnson, McCloskey Elementary. Middle level, Brianna Wood Dobson. Upper level, Jean Garilias, Parkway Northwest. Third place winners, lower level, Joshua Lynch Reynolds. Middle level, Keona Ishay Al-Islam, Reynolds. Stated - 5/26/05 Upper level, Aida Pietro, Widener Northwest. Fourth place winners, lower level, Samantha Purnell, Hill Freeman, Jessica Whitacker, Henry Northwest. Middle level, Arthur Evans, Jasmine Gould, Salzberger West. Upper level, Sandal Jawill, Olney High School. We are going to now hear from three of the students in this order. The first student who will present her oration will be Michelle Roane, eighth grade, Amy Northwest; Latesha Johnson, fifth grade, McCloskey. And she is the niece of Eric White who works for me. And his sister and her mother Wanda White is present. Miss White. There she is right there (Indicating), very proud mother. And the third student is Samantha Purnell, sixth grade, Hill Freedman Middle School. So we'll begin with Michelle Roane who will present her oration.
(Singing) It's story, Stated - 5/26/05 story telling time. Good morning, ladies and gentlemen. My name is Michelle Roane. I am an eighth grade student attending the Amy Northwest Middle School, and it's story telling time. African Americans have always had a story to tell. We have told stories before slavery, during slavery, throughout the Holland Renaissance, and as we fought for our civil rights. And the story-telling continues to evolve today. It's story telling time. In remembrance of African American ancestors, Ramsey Lewis told a story through a slave song. The song, Wade in the Water, gave literal escape instructions as slaves caught out for liberty and freedom. It's story telling time. The slaves were instructed to run in... (Singing) Wade in the water... Wade in the water, children. Wade in the water. God's going to trouble the water. Did you know that Lift every voice and Sing was written by James Baldwin Stated - 5/26/05 Johnson, for a presentation in celebration for the birthday of Abraham Lincoln? His brother and songwriting partner, J. Rosenman Johnson, composed this story of liberty. We are proud to sing. (Singing) Lift every voice and sing, till there's an anthem ring. Ring with the harmonies of liberty. Many wrote stories during the 1900s. One such songstress and activist was a woman by the name of Billie Holliday. Some of you may know her for her beautiful songs and melodies, but she spoke loudly for liberty, and was dedicated and told stories about the injustice of African Americans. She wrote against the anti-lynching of African Americans and spoke out against injustice for people from all backgrounds. One song that hit the top charts was Strange Fruit. Strange Fruit tells a story of the horror many lynchings African American men, women and children endured. It's story-telling time. Stated - 5/26/05 (Singing.) Southern trees bear a strange fruit. Blood on the leaves and blood at the root. Black by day swinging in the summer breeze. In the 1950s and 1960s, African Americans continued to struggle to fight for civil rights. Many stories were written and told by everyday people and freedom fighters. We wanted the right to stay in hotels, eat in restaurants, go to schools, and even attend theaters and movies with other Americans. One song that was written and sang by freedom fighters was... (Singing) Ain't nobody going to turn me round, turn me round, turn me round. Ain't nobody going to turn me round. I'm going to keep on walking, Lord, keep on talking, Lord, marching to the freedom land. It's story telling time as we fought for our freedom. It's now 2005 and we continue to tell our stories. We won't give up reading Ebony, Jet, Essence, Emerge, Black Enterprise, Upscale Stated - 5/26/05 Magazine or Heart and Soul. We will continue telling our stories of Medgar, Malcolm, Mandella, Marley, Marcus, Muhammad Ali, Michael Jordan, and of the African American people who make us proud. It's story telling time. And I'm telling you today to... (Singing) Wake up everybody. No more sleeping in bed. No more backward thinking. Time for thinking ahead. Thank you. (Standing ovation.)
Outstanding. Great, Michelle. Look out, American Idol; here we come. Great talent, in terms of your oration, as well as your ability of singing is just outstanding. Michelle Roane from Amy Northwest. Give her another round of applause. (Applause.)
Now we'll hear from Latesha Johnson, fifth grade, McCloskey School. (Applause.)
Good morning, Council Stated - 5/26/05 members and fellow guests. My name is Latesha Johnson. I'm a fifth grade student at McCloskey Elementary School. The title of my oration is, From Emmett Till to James Byrd, Racial Violence in America. The roots of racial violence in America go way back in our history. It is well documented that black slaves were often victims at the hands of their white slave owners. When slavery was abolished, you might have thought that blacks would no longer have to suffer such cruelty. Unfortunately, that was not the case. Racial violence continues and is still going on today. Two of the most well-known incidents are the stories of Emmett Till and James Byrd. These men suffered greatly at the hand of prejudiced white men. The incident with Emmett Till occurred in 1955 which was a long time after slavery was abolished. Stated - 5/26/05 On August 24th of that year, Emmett joined a group of teenagers to go to a grocery store for refreshments after a long hot day of picking cotton. Emmett, who was from Chicago, was spending the summer with relatives in Mississippi. So, he probably was not used to the way African Americans were treated by whites in the south. It was claimed that Emmett was with a white woman who was working in the food market. Next came a horrifying chain of events. The woman's husband and his half-brother kidnapped Emmett from his uncle's home. They later confessed to brutally beating him, taking him to the edge of the Tallahassee River and shooting him in the head. Then they fastened a large metal fan to his neck with barbed wire and pushed him into the river. Despite the brutality of the crime and the overwhelming evidence against the two men, they were acquitted of murdering Emmett Stated - 5/26/05 Till. Who was on the jury? 12 white men. 12 white men. The James Byrd tragedy occurred in 1999. It happened in a small town in Texas. James Byrd was drunk and walking home from a bar. Two men, named Shawn Murray and John King, stopped their truck and offered him a ride home. However, instead of taking him home, they drove to a deserted road, they cut his throat, hooked him up to their truck with chains and dragged him for miles to a black church where his body remains were deposited. The two men -- The two men who committed this horrible crime were convicted of murder. What amazes me is that this incident of racial violence occurred only six years ago. Only six years ago. It didn't happen during the time of slavery or during the years when hate crimes against African Americans were occurring on a regular basis. Wouldn't you think racial violence should have been a thing of the past by 1999? Stated - 5/26/05 Well, it sure wasn't. And sadly enough, it's still not a thing of the past. Sometimes when I turn on the news, I hear stories that make me realize that there is still racial violence occurring today. There have been reports of African Americans being victims of police brutality. There has also been racial profiling where African Americans and other minorities are suspected of doing something illegal based on their skin color or the way they look. On the news I also hear about crosses being burned on the lawns of African Americans who have moved into a predominantly white neighborhood. Can we put an end to racial violence? Unfortunately, I do not believe we will ever live in a world with no racial violence. I do not think we will ever go back to the times when most blacks were victims of prejudice. I don't believe most of us will ever have to endure physical torture due to our skin color such as today's, when the Stated - 5/26/05 public ritual of lynching was so common that 4,472 of them were recorded between the years 1886 and 1960. But I do think there will always be some narrow-minded people who will decide to judge others by their skin color. And when these narrow-minded people get angry, there's a strong likelihood that racial violence will occur.
I would like to end my speech with a quote from Dr. Martin Luther King, Jr. If we don't know our past, how can we enjoy our future? It is important to remember how far we have come in decrease of racial violence. And we must never give up the hope and desire to reduce it even more. Thank you very much. )
Thank you so much, Latesha. Wonderful presentation. I want you to know she lives up there in the 50th Ward, right up the street from me. And she's the niece of Eric White. Next is our last presenter, Samantha Stated - 5/26/05 Purnell, sixth grade, Hill Freedman Middle School. Welcome, Samantha Purnell. (Applause.)
Hello. My name is Samantha Purnell. And the speech I am doing is how do we end violence among African American youth. Before we can end violence among African American youth, we must know how bad the problem really is. So, put it in words that everyone can understand. It's plain to see that African American youth are at war with themselves. The war they face to survive every day is not in Iraq but right here on the streets of America. Yes, America, the land of the free or for African American youth, the land of no tomorrow. They are dying and being injured by the thousands. And their families are left to deal with the pain of their being gone. In Philadelphia, every time you turn on the T.V. you hear about another African American Stated - 5/26/05 youth being shot and killed. Some are shot because of retaliation and others were just trying to go to school and were innocent victims of random violence. Since 1988 the main cause of death for teenage males was by a gun. If they are killed by a gun, they may wind up in prison for using a gun. If we don't do something soon to stop the violence, there could be more people in prison than in college. So, what can we do to end the violence among African American youth? We can start by getting everyone involved who is concerned about young African Americans. We have to get the schools, teachers, police, churches, religious leaders and community groups to come together to form a stop-the-violence-and-start-to-live movement. The first thing they would need to do is to teach African American youth that violence can be prevented. They need to show them there are other ways to deal with Stated - 5/26/05 problems they might have with each other. The schools could have a stop-the-violence-and-start-to-live assembly where students could put on plays that show how you should deal with violence. Other students could sing or rap about how violence needs to end, so we could all live to see our dreams come true. There could also be a display of art at the assembly that shows how students feel about violence. A policeman could also come to the assembly to talk to the children about the dangers of carrying a gun and tell them about other ways to solve their problems. The preachers at church could talk to their members about finding peaceful ways to deal with problems. The most important thing we need is activities for the youth to do after school so they don't get into any trouble. We have to get more recreation centers, more boys' and girls' clubs and especially free music programs. Stated - 5/26/05 When children are doing things they really love, they spend less time getting into things that could lead to violence. Community groups could help by getting the government to give us money to have more activities for the African American youth. Instead of spending a whole bunch of money building more prisons, they could use some of that money to help the youth have peaceful activities to do. It's sad to think that more African American youth are picking out their caskets instead of picking out a college they want to go to. I heard this on the television show. And they said a lot of African American youth had already accepted that they could die young because of the violence in their communities. The government really needs to step in and do something because African American youth are dying every day, just like our troops in Iraq. But at least they are considered heroes. What are young African Stated - 5/26/05 American children considered? Victims of violence. And no one seems to care. I myself worry about travelling to school on a public bus. Will someone accidentally shoot me when they are trying to shoot somebody else? I see it on T.V. And this happens to other children all the time. Whatever we decide to do, to end violence among African American youth, we need to do it soon. So, take the time to give so that we can stop the violence and start to live. Thank you. (Standing ovation.)
A most appropriate message, because we in City Council are trying to stop the violence through our legislation on guns. Thank you all so much. Dana King, the advisor, would like to say a couple of words. We thank you so much for coming. And congratulations to you. I will remind you that all Sherell Parker was the winner in 1990 who came to this City Council and made her presentation. Stated - 5/26/05 And that's how she ended up in my office.
Thank you, Madam President and City Council. Just briefly wanted to show you that, first of all, that particular competition is 25 years old. It's probably the district's largest competition in which our children receive scholarship money. We have over 300 participants all over the district and from a variety of races but not all African American children. Quite a few of our children that participate are from other backgrounds. Of course, you could see that those orations were especially selected for this particular audience. I wanted to say that this year for the first time I wanted to try and build a relationship between the students of Philadelphia and maybe some young people who are actually activists in communities or who are actually involved in politics. So, this year we presented the David Stated - 5/26/05 P. Richardson Future Leadership Award, and that award did go to Sherell Parker who was a former oratorical winner. I'd like to thank you again. And if I may, Madam President, I want to leave the program here for our members of City Council so they can see what we're doing in the district. Thank you very much.
The next order of business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia: I am pleased to advise you that on May 26, 2005, I signed all the bills that Stated - 5/26/05 were passed by Council at its session on May 12, 2005. And I am transmitting herewith for the introduction and consideration of your honorable body six resolutions reappointing current members to the Board of Directors of the Center City District of Philadelphia, and five resolutions appointing new members to the Board of Directors of the Center City District of Philadelphia; and a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Model Cities Urban Renewal Area; and a resolution for the redevelopment and urban renewal of a portion of the Mantua Urban Renewal Area; and an ordinance authorizing the Streets Commissioner on behalf of the City of Philadelphia to enter into an agreement with the BFI Waste Systems of North America; and an ordinance authorizing the Streets Commissioner on behalf of the City of Philadelphia to enter into an agreement with Stated - 5/26/05 Trans River Marketing Company; and an ordinance authorizing the Streets Commissioner on behalf of the City of Philadelphia to enter into an agreement with Waste Management Inc.; and an ordinance authorizing the Streets Commissioner on behalf of the City of Philadelphia to enter into an agreement with Republic Services of Pennsylvania; and an ordinance amending Chapter 19-3200 entitled, Keystone Opportunity Zone, by renaming said Chapter, Keystone Opportunity Zone and Economic Development District; and an ordinance constituting the fifth supplemental ordinance to the amended and restated general airport and revenue bond ordinance in a maximum aggregate principal amount not to exceed $125 million; and an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to enter into a sublease or lease agreement under which the City will sublease a certain portion of the building commonly known as One Parkway Building located at 1515 Arch Street; and an Stated - 5/26/05 ordinance to amend the Philadelphia Zoning Maps by changing zoning designations of certain areas of land located within an area bounded by Rittenhouse Street, 17th Street, Manning Street and 18th Street; and an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located in the vicinity of 3061 Island Avenue; and an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to extend the term of the sublease agreement with the Philadelphia Municipal Authority located on the second and third floors of 111 South 15th Street; and an ordinance authorizing the paving of Uber Street under certain terms and conditions; and an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan Number 120; and an ordinance authorizing the Water Commissioner on behalf of the City of Philadelphia to enter into an agreement with the owners of the properties Stated - 5/26/05 and their successors at 1500 South Front Street for drainage, sewer and water main purposes; and an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to enter into an agreement to sublease from the Philadelphia Municipal Authority portions of a building located at One South Penn Square; and an ordinance authorizing the Commissioner of Public Property and the Executive Director of the Fairmount Park Commission on behalf of the City of Philadelphia to enter into an agreement to lease to Friends of Father Judge High School ground located Roland and Solly Avenues; and an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan Number 307, under certain terms and conditions.
Thank you. The messages will be printed in the Journal. I would ask the Chief Clerk to please read any other communications in her possession. Stated - 5/26/05
Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the rules of Council be suspended in order to permit the immediate consideration of resolutions at their time of introduction. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor of the motion will please indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the motion carries. The Chair recognizes Councilman Kenny.
Thank you, Madam President. In an effort to maximize our City's revenues in a tight fiscal time, I offer one bill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Title 17 of The Philadelphia Code entitled contracts and procurement, by providing that if any existing or new City contract grants the City the right to use or control the use of the suite box or other portion of the sports stadium, ballpark arena or other sports facility, such City suite must leased by the City to the highest responsible bidder, all under certain terms and Stated - 5/26/05 conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Blackwell.
Today I introduce 11 bills, three on your behalf, seven administration bills, one on my own behalf, as well as one resolution on my behalf.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Rittenhouse Street, 17th Street, Manning Street and 18th Street.
The bill will be referred to the appropriate Stated - 5/26/05 committee.
And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located on city-owned land located in the City of 3061 Island Avenue.
This bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-3200 entitled, Keystone Opportunity Zone by renaming said chapter Keystone Opportunity and Economic Development District.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to extend the term of the sublease agreement with the Philadelphia Municipal Authority for space that the City Stated - 5/26/05 of Philadelphia subleases from Philadelphia Municipal Authority, located on the second and third floors of 111 South 15th Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of the Department of Streets on behalf of the City of Philadelphia, to enter into an agreement with the Republic Services of Pennsylvania.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of the Department of Streets on behalf of the City of Philadelphia to enter into an agreement with the Waste Management Systems of Pennsylvania.
Bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Department of Stated - 5/26/05 Streets on behalf of the City of Philadelphia to enter into an agreement with the Trans River Marketing Company.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of the Department of Streets, on behalf of the City of Philadelphia, to enter into an agreement with the BFI Waste Systems of North America.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the creation of a loan or loans to provide funds for and toward various capital municipal purposes, authorizing the Mayor, City Controller, and City Solicitor or a majority of the them, to sell bonds at public or private negotiated sale.
The bill will be referred to the appropriate committee. Stated - 5/26/05
And an ordinance constituting the fifth supplemental ordinance to the amended and restated general airport revenue bond ordinance authorizing the Mayor, the City Controller, and the City Solicitor or a majority of them, to issue airport revenue bonds to the City of Philadelphia in a maximum aggregate principal amount not to exceed $125 million.
The bill will be referred to the appropriate committee.
And an ordinance authorizing revision of lines and grades on City Plan Number 44, by striking from the City Plan and vacating Race Street from 33rd Street to 34th Street.
This bill will also be referred to the appropriate committee.
And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the Stated - 5/26/05 redevelopment and urban renewal of a portion of the Mantua Urban Renewal Area.
Thank you, Madam President. I move for the adoption of the resolution.
It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Cohen.
Thank you, Madam President. Stated - 5/26/05 I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to purchase from the Philadelphia Authority for Industrial Development all of its rights, titles and interest any parcel of real estate known as part of Kensington and Tacony Industrial Tract.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Stated - 5/26/05 Property and the Director of the Fairmount Commission on behalf of the City of Philadelphia to enter into an agreement to lease to the Friends of Father Judge High School for further subleasing to the Archdiocese of Philadelphia approximately 3.98 acres of ground located east of the intersection of Roland and Solly Avenues.
This bill will be referred to the appropriate committee. And the Chair recognizes Councilman Mariano.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 7th, 19th and 23rd wards of the City of Philadelphia. Stated - 5/26/05
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted. The Chair recognizes Councilwoman Tasco.
Madam President, I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Miller. Stated - 5/26/05
Thank you. The Chief Clerk will please read the title of the first resolution.
I move for the adoption of the resolution. (Chorus of "ayes.")
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted. Stated - 5/26/05 The Chief Clerk will please read the title of the second resolution.
A resolution authorizing Council's Committee on Law and Government to conduct hearings to explore the benefits of creating a computerized database containing information on companies doing business with the city.
I'm sorry. Do you mind reading that title again.
A resolution authorizing Council's Committee on Law and Government to conduct hearings to explore the benefits of creating a computerized database containing information on companies doing business with the city.
It has been moved and seconded that the resolution be adopted, and it will be referred to the Stated - 5/26/05 Committee on Law and Government and Public Safety? Is it also Public Safety or just Law and Government?
Thank you. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I have no bills or resolutions today.
Chair thanks the gentleman. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam Stated - 5/26/05 President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.
The Chief Clerk will please read the title of the resolution.
A resolution recognizing and honoring the week of June 4th through June 12th as Philippine Independence Week.
Madam President, I move for the adoption of the resolution. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the resolution be adopted. Stated - 5/26/05 All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer 3 bills and 12 resolutions. 11 of the resolutions are being introduced on behalf of Councilman Clarke, me, and yourself, Madam President.
I would ask the Chief Clerk, if she would, to read all of the Center City District bills so that we wouldn't have to consider them individually, please.
A resolution reappointing Ronald Rubin to the Board of Directors of the Center City District of Stated - 5/26/05 Philadelphia. And a resolution reappointing Larry Harra to the Board of Directors of the Center City District of Philadelphia. And a resolution reappointing Randall Scott to the Board of Directors of the Center City District of Philadelphia. And a resolution reappointing Evelyn Smalls to the Board of Directors of the Center City District of Philadelphia. And a resolution appointing Christopher Terlizzi to the Board of Directors of the Center City District of Philadelphia. And a resolution appointing Edward D'Alba to the Board of Directors of the Center City District of Philadelphia. And a resolution appointing Wayne Fisher to the Board of Directors of the Center City District of Philadelphia. And a resolution appointing Terry D'Alessandro to the Board of Directors of the Center City District of Philadelphia. And a resolution reappointing Ernest Stated - 5/26/05 Jones to the Board of Directors of the Center City District of Philadelphia. And a resolution reappointing Valerie Ferguson to the Board of Directors of the Center City District of Philadelphia. And a resolution appointing John Gattuso to the Board of Directors of the Center City District of Philadelphia.
Thank you. The resolutions will be referred to the appropriate committee.
And an ordinance authorizing the Water Commissioner on behalf of the City of Philadelphia to enter into an agreement with the owners of the properties and their successors at 1500 South Front Street.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 9-200 of The Philadelphia Code entitled commercial activity on streets, by amending Section 9-204 entitled, sidewalk Stated - 5/26/05 vendors in Center City.
The bill will be referred to the appropriate committee.
And an ordinance to amend The Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Allegheny Avenue, Collins Street, Westmoreland Street and Tulip Street.
The bill will be referred to the appropriate committee. And we have one resolution.
And a resolution also naming the 300 block of South Juniper Street as Eltons Way in honor of singer Sir Elton John, for his humanitarian efforts and his dedication to battling H.I.V., A.I.D.S.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move for the adoption of the Stated - 5/26/05 resolution.
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman O'Neill.
Madam President, I offer one resolution co-sponsored by all Council members.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution authorizing City Council's Committee on Labor and Civil Service and the Committee on Public Stated - 5/26/05 Safety to hold public hearings to make inquiries, investigations relating to the reemployment rights of city employees who return from active duty in the National Guard and Reserve components of the Armed forces of the United States.
It has been moved and seconded. All in favor will say aye. (Chorus of "ayes.")
The ayes have it. The resolution will be referred to the Committee on Law and Government and Public Safety. The Chair recognizes Councilman Stated - 5/26/05 Clarke.
Thank you, Madam President. I have seven bills and one resolution.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to enter into an agreement to sublease from the Philadelphia Municipal Authority portions of a building located at One South Penn Square.
The bill will be referred to the appropriate committee.
And an ordinance authorizing and directing the Revision of Lines and Grades on a portion of City Plan Number 307 by relocating the westerly curb line of house line 15th Street between Arch and Cherry Street. Stated - 5/26/05
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to enter into a sublease or lease agreement under which the City will sublease or lease to CBS Broadcasting a certain portion of the building commonly known as One Parkway Building.
This bill will be referred to the appropriate committee.
And an ordinance authorizing and directing the revision of lines and grades in a portion of City Plan Number 120, and striking from the City Plan and vacating Harlan Street, Steward Street, Nassau Street, each from 21st Street to 22nd Street.
The bill will be referred to the appropriate committee. Stated - 5/26/05
And an ordinance authorizing the paving of Uber Street, under certain terms and conditions.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the Philadelphia Authority for Industrial Development to purchase a certain tract of land located at 2620, 2638 West Girard Avenue.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to accept from the School District of Philadelphia conveyance of title to a parcel of land located 843 to 47 North 12th Street.
This bill will also be referred to the appropriate committee. Stated - 5/26/05
And a resolution also naming Cumberland Street between 10th and 11th Street Eleanor Dawkins Way.
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Kelly.
The Chair Stated - 5/26/05 thanks the gentleman. The Chair recognizes Councilman Rizzo.
Thank you. The next order of business is reports from committees. The Chair recognizes Councilwoman Blackwell for a report from the Committee of the Whole.
Thank you, Madam President. The Committee of the Whole reports out seven bills and one resolution with a favorable recommendation.
Excuse me. Aren't there nine bills? The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia: The Committee of the Whole, to which Stated - 5/26/05 was referred Bill Number 040767, entitled, an ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternate tax computation for the business privilege tax by reducing certain tax rates. And Bill Number 050001 entitled, an ordinance to adopt the capital program for six fiscal years 2006 to 2011 inclusive. And Bill Number 050002 entitled, an ordinance to adopt a fiscal 2006 capital budget. And Bill number 050003 entitled, an ordinance adopting the operating budget for fiscal year 2006. And Bill Number 050451 entitled, an ordinance amending Title 19 of The Philadelphia Code entitled, finance, taxes and collections, by creating a new Chapter 19-3400 entitled, excise tax on outdoor advertising transactions. And Bill Number 050452 entitled, an ordinance amending Chapter 19-1200 of The Philadelphia Code entitled, parking tax, to Stated - 5/26/05 provide a tax on valet parking transactions. And Bill Number 050453 entitled, an ordinance amending Title 9 of The Philadelphia Code, Section 9602, entitled, outdoor advertising, by amending the requirements for obtaining the conditions for issuance of license. And a resolution, Resolution Number 050022 entitled, a resolution providing for the approval by Council of the City of Philadelphia of a revised five-year financial plan for the City of Philadelphia covering fiscal years 2006 through 2010 and incorporating proposed changes, with respect to fiscal year 2005, which is to be submitted by the Mayor to the Pennsylvania Intergovernmental Cooperation Authority, respectfully reports it has considered and amended the same and returns the attached bills and resolution to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Blackwell. Stated - 5/26/05
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Numbers 040767, 050001, 002, 003, 451, 452 and 453.
Thank you. It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill Numbers 040767, 050001, 050002, 050003, 050451, 050452, and 050453. All in favor will say aye. (Chorus of "ayes.")
The ayes have it, and the bills just read will be placed on today's first reading calendar. Resolution Number 050022 will be placed on our calendar for our next week's session. Stated - 5/26/05 The Chair at this time recognizes Councilman Clarke for a report from the Rules Committee.
Thank you, Madam President. The Committee on Rules reports five bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia: The Committee on Rules, to which was referred Bill Number 050230, entitled, an ordinance amending Title 14 of The Philadelphia Code entitled, zoning and planning, by amending Chapter 14-200, entitled, residential districts, by amending requirements relating to courts and certain residential districts. And Bill Number 050232 entitled, an ordinance amending Title 14 of The Philadelphia Code entitled, zoning and Stated - 5/26/05 planning, by increasing the permissible height for fences located on the front line of certain properties and residential districts. And Bill Number 050233 entitled, an ordinance amending Title 14, entitled, zoning and planning, to add definitions for certain architectural features that are commonly located on residential buildings. And Bill Number 050285 entitled, an ordinance to amend The Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Essington Avenue, 67th Street and the former Pennypack Avenue. And Bill Number 050339 entitled, an ordinance to amend The Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Bridge Street, Tacony Street, the Delaware River and the Frankford Creek, respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation. Stated - 5/26/05
Thank you. The Chair recognizes Councilman Clarke.
I move that the rules of Council be suspended so as to permit first reading this day of Bills Number 050230, 050233, 050285, 050339.
Thank you. It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just read. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the bills just read will be placed on our first reading calendar for today. Bill Number 050232 will be placed on Stated - 5/26/05 our first reading calendar for next week. The Chair now recognizes Councilwoman Blackwell for a report from the Committee on Finance.
Thank you, Madam President. The Committee on Finance reports out six bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the title of the bills for the report.
To the President and members of the Council of the City of Philadelphia: The Committee on Finance, to which is referred Bill Number 050295 entitled, an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, in an amount not to exceed $6 million to assist in the development of the Mill Creek Development Project. And Bill Number 050297 entitled, an ordinance authorizing the Philadelphia Stated - 5/26/05 Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $500,000 to assist in the construction, rehabilitation and renovation of Pleasant Hill Park. And Bill Number 050299 entitled, an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, in an amount not to exceed $2 million to assist in the renovation of Simons Recreation Center. And Bill Number 050343 entitled, an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, in an amount not to exceed $500,000 to assist in the renovation and expansion of the Roxborough YMCA facility. And Bill Number 050416 entitled, an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, in an amount not to exceed $2.5 million to Stated - 5/26/05 assist in the construction, renovation and expansion of the emergency room in the Mercy Nazareth Hospital in Philadelphia. And Bill Number 050454 entitled, an ordinance amending Bill Number 040765 entitled, an ordinance approving the fiscal year 2005 capital budget provided for expenditures for the capital purposes of the Philadelphia Gas Works, by approving the revised capital budget for fiscal year 2005 respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Numbers 050295, 297, 299, 343, 416 and 454.
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just read. All in favor will please indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the bills will be placed on our first reading calendar. The Chair now recognizes Councilman Mariano for a report from the Committee on Licenses and Inspections.
Thank you, Madam President. Committee on Licenses and Inspections reports six bills with a favorable recommendation.
Thank you. Stated - 5/26/05 The Chief Clerk will please read the report.
To the President and members of the Council of the Philadelphia: The Committee on Licenses and Inspections to which was referred Bill Number 040595, entitled, an ordinance amending Title 9 of The Philadelphia Code, by amending Section 9605, to prohibit certain towing upon establishments of a rotational towing system. And Bill Number 050203 entitled, an ordinance amending Title 9 of The Philadelphia Code entitled, regulation of business, trades and professions, by providing that no license or permit shall be issued or renewed if the applicant is delinquent in the payments of any City or School District taxes. And Bill Number 050204 entitled, an ordinance amending Title 4 of The Philadelphia Code entitled, the Philadelphia Building Construction and Occupancy Code, by providing that no license or permit required by Title 4 shall be issued or renewed if the Stated - 5/26/05 applicant is delinquent in the payment of any City or School District taxes. And Bill Number 050266 entitled, an ordinance amending Title 9 of The Philadelphia Code entitled, regulation of business, trades and professions, by providing further for the filing of rates by public parking garages, under certain terms and conditions. And Bill Number 050267 entitled, an ordinance amending Title 4, subcode A, The Philadelphia Administrative Code, to clarify the types of permits in connection with which the Department of Licenses and Inspection may charge fees for providing accelerated plan reviews. And Bill Number 050342, entitled, an ordinance amending Chapter 10-1800 of The Philadelphia Code entitled, vicarious liability for student conduct, by amending the definition of educational housing district to include the 8th Councilmanic District, respectfully reports it has considered the same and returns the attached Stated - 5/26/05 bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Mariano.
Madam President, I move that the rules of Council be suspended so as to permit first reading this day of Bill Number 040595, 050203, 050204, 050266, 050267 and 050342.
It has been moved and properly seconded that the rules of Council be suspended to as so permit first reading this day of the bills just read. All in favor will indicating by saying aye. (Chorus of "ayes.")
The ayes have it, and the motions carries. Stated - 5/26/05 The next order of business is the consideration... I'm sorry. Councilman Cohen, did you want to be recognized?
Yes. I want to know, is there anyone on the staff who knows whether the amendment promised by Commissioner Sovilive to eliminate the word "primarily" in the bill on outdoor advertising, referring to our billboards, whether that was carried out. I understand there's some question. And if so, I'd have to offer an amendment at the next meeting which would delay passage for another week. And in order to avert that, if the bill was properly amended, as both Mr. Sovilive and the administration said it would be, then that would be avoided. Does anybody have an answer to that?
No. I am Stated - 5/26/05 being told that Mr. Sovilive has not introduced or submitted an amendment.
We were told by Mr. Sovilive that that would be done at the time of introduction. So, I would like to ask that that bill be recalled, solely for the purpose of amending that word out. There was full agreement by the administration, the Commissioner, and by the Council that that word ought to go out. Otherwise, it will hold everything up next week.
Councilman, I would like to remind you that that is one of the budget bills. And I don't recall Mr. Sovilive saying that he had...
Well, could I ask the President to ask that he come at once?
I'm asking the President to ask him to appear here immediately. Stated - 5/26/05 I raised that question with him and, it was as clear as a bell could be.
Can someone call the Commissioner? Councilman, we are simply reporting the bills out of committee. During the course of the first reading of the bill, if you want to suspend the rules and offer an amendment, we would be more than happy to entertain that.
I would like to move... If I have the approval of the President, I would like to ask to move to suspend the rules of City Council to permit consideration of an amendment eliminating solely one word in Bill Number...
Councilman, can you wait until that bill is called -
The next order of business is the consideration of the calendar. I would ask the Chief Clerk to please read the bills on the first reading calender.
Bill Number 050190, an ordinance dissolving the Networks Tax Increment Financing District, being the area generally bounded by 16th Street on the west and 15th Street on the south.
I'm sorry. The noise level is much too high. We are trying to conduct business. Anyone having a private conversation, I would ask you to do so in the corridor. Please continue, Mrs. Rafferty. Stated - 5/26/05
Bill Number 050236, an ordinance dissolving the 1600 North Broad Tax Increment Financing District and creating the Avenue North Tax Increment Financing District.
And Bill Number 040767, an ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternate tax computation for the business privilege tax.
And Bill Number 050001, an ordinance to adopt a capital program for six fiscal years, 2006 through 2011, inclusive.
And Bill Number 050002, an ordinance to adopt the fiscal 2006 capital budget.
And Bill Number 050003, an ordinance adopting the operating budget for fiscal year 2006.
And Bill Number 050451, an ordinance amending Title 19 of The Philadelphia Code, entitled finance, taxes and collections, by creating a new Chapter 19-3400 entitled, excise tax on outdoor advertising, under certain terms and conditions.
And Bill Number 050452, an ordinance amending Chapter 19-1200 of The Philadelphia Code entitled, parking tax, to provide for tax on valet parking transactions.
And Bill Number 050453, an ordinance amending Title 9 of The Stated - 5/26/05 Philadelphia Code, Section 9-602 entitled, outdoor advertising, by amending the requirements for obtaining and the conditions for issuance of license, including the applicable fees, imposing safety requirements, increasing penalties, providing certain reporting requirements, amending certain definitions, and making technical changes, all under certain terms and conditions.
The Chair agrees. And Councilman Cohen, do you want to be recognized at this time?
Yes. I would like to move that the rules of Council be suspended so as to permit consideration of an amendment to Section 8 --
I have not seen a copy of your amendment. Stated - 5/26/05
It's being circulated. It merely removes the word "primarily."
I move that the rules of Council be suspended so as to permit consideration of an amendment to Section 8 of Bill Number 503.
Is there a second? COUNCILMAN DiCICCO: Question.
Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I'm not certain if the rules permit Stated - 5/26/05 discussion at this time on the amendment that's being proposed.
No. COUNCILMAN DiCICCO: Would the Councilman whose -
There's a motion on the floor. I think we either have to vote that motion up or down to suspend the rules. COUNCILMAN DiCICCO: I can't vote for something I don't know about.
He is asking that the rules be suspended so as to... (Discussion held off the record.)
I haven't heard a second. UNIDENTIFIED COUNCIL PERSON: Second.
Okay. It has been moved and seconded that the rules of Stated - 5/26/05 Council be suspended in order that Councilman Cohen offer an amendment to Bill Number 050453. All in favor will indicate by saying aye. (Chorus of "ayes.")
And then there's a separate -- Madam Chair, may I question the Chair?
Your microphone's not on and it's very difficult to hear you.
This is a motion to suspend the rules to allow for an amendment.
So, after this there will be a subsequent motion on the amendment.
Thank you. Again the Chair recognizes Councilman Cohen.
Madam President, I move that the Bill Number that you referred to be admitted into Section 8 by eliminating the word "primarily." UNIDENTIFIED COUNCIL PERSON: Second.
It's a very simple amendment that the administration and Commissioner Sovilive agreed to.
Does anybody have any question on this? The Chair recognizes Councilman O'Neill.
Chair recognizes Councilman DiCicco. Stated - 5/26/05 COUNCILMAN DiCICCO: Thank you, Madam President. Councilman Cohen indicates that the administration agreed to this. I don't recall that. I'm not suggesting that it's not part of the record that they did agree to this change. I don't recall that. So, I'm very uncomfortable at this particular time voting to support this amendment because I'm not certain in my mind whether or not this will have any serious consequences on some of the things that I consider to be murals, that may have some commercial advertisement attached to them. So, I'm not clear. And I'm not prepared today to vote in favor of this amendment because of that uncertainly.
Madam President, I agree with my colleague, Councilman DiCicco, on the same grounds.
Madam President, Stated - 5/26/05 I have no desire to embarrass anybody. That's the reason I asked for the Commissioner to come at once. But then I don't want to hear next week that we don't have any time to consider that amendment, for that will delay the passage.
Will someone call Commissioner Sovilive and find out if in fact he said that. The Chair recognizes Councilman Clarke.
Madam President, I concur with Councilman DiCicco and Councilman Ramos's concern. This is something that I could probably support if I understood what the position was from the Commissioner, the department that's charged with implementing this process. I asked Councilman Cohen if he could possibly delay this amendment until next week, where I'm sure that all members would be willing to vote yea or nay, clearly Stated - 5/26/05 understanding what the position is of the Commissioner.
I think this should be resolved today, as part of the budget.
Councilman Cohen, why don't you have one of your aides contact Commissioner Sovilive and report back to us. I mean, we've never -- We have never called a Commissioner back when we report out a bill from committee. I mean, we're setting all kinds of precedents here, but...
-- call the Commissioner and find out if in fact he has any problem with that.
She's making the call. And we may proceed, as far as I'm concerned. I have no desire to delay anything.
Councilman Cohen, please. Councilman Cohen, please. I am just being told by Mr. McPherson that he did in fact call Commissioner Sovilive, and the Commissioner indicated that he has no problem with your amendments as presented. Now, is that going to... So, can we move forward please? Councilman DiCicco, your light is still on. Do you want to... COUNCILMAN DiCICCO: I have a question for Councilman Cohen, if he would allow me to ask him and engage in one question about this amendment. Councilman Cohen?
Yes. Stated - 5/26/05 COUNCILMAN DiCICCO: I would just like to ask a question from a practical standpoint.
Sure. COUNCILMAN DiCICCO: One of my concerns. If a mural were placed on a wall in the City of Philadelphia, and part of the cost of that mural was as a result of a commercial entity, and the name of that entity were on the mural, would this not cause... would this not create an opportunity for someone who may be against outdoor advertising, open the door for a challenge in court? As an example, in South Philadelphia there's the Sinatra mural, which has many corporate sponsors, including the Daily News, and P.E.C.O. which are good corporate neighbors, but it also includes the name of Johnnie Walker which is the bourbon. I think it's a bourbon drink. Johnnie Walker will also -
You know it's bourbon. Stated - 5/26/05 COUNCILMAN DiCICCO: I don't drink bourbon; that's why. (Laughter.) COUNCILMAN DiCICCO: That's all right. Well, up until today I used to have a bourbon and a cigarette, but I guess I'm going to lose one of those. (Laughter.) (Applause.) COUNCILMAN DiCICCO: Is that for the bourbon or the cigarette, the applause? (Laughter.) COUNCILMAN DiCICCO: I'm just concerned that for people who are opposed to any sort of outdoor advertising -- and they have a right to be -- that this does not open up the door for those groups or individuals to go to the Zoning Board of Adjustment and/or other places and protest this in court because there is some commercial advertisement that is attached to the mural, just by way of one example.
The Chair Stated - 5/26/05 at this point would like to recognize Councilman Mariano, since apparently he's been on his cell phone and has had a conversation with Commissioner Sovilive.
I would put it over the air, but there's probably a federal law against doing that, so I may not want to do that. Sovilive says it makes it stronger. He's happy with what Councilman Cohen is saying. COUNCILMAN DiCICCO: Makes what stronger?
But now, Councilman -- You just said it, Frankie. But Councilman DiCicco brings up a point that I don't know if he's aware of. COUNCILMAN DiCICCO: In what regard? I don't understand.
Bob. He says the murals are... Dave Perry says the murals are excluded. I'm Stated - 5/26/05 going to give the phone to Frankie.
It would have been much easier to have him here. COUNCILMAN DiCICCO: How's the family? Everybody all right? Yeah; what are you doing right now? All right. (Discussion held off the record.)
May I have your attention? The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. After that brief discussion with the L & I Commissioner, the way I understand it is, L & I would not enforce it, a prohibition on that mural being put up as a result of a corporate sponsor. But it would -- and I think the Solicitor... My legislative aide's tell me that the Solicitor agrees with my interpretation that it could open the door for a advocacy group who is against outdoor advertising or an individual to challenge in Stated - 5/26/05 court that mural being placed there because in fact there was some corporate sponsorship which could be interpreted as advertising.
And is that your interpretation, Councilman Cohen? COUNCILMAN DiCICCO: And I'm not suggesting that that is the intent of the amendment, but I think the implications and the end result may result in that challenge. And that is something that I personally will not support.
Councilman Cohen, is that your intention or interpretation of your amendment?
I'm sorry. I don't understand sign language. What are you saying? (Laughter.)
Is that the word "primarily" there, that will be much -
No, I do not agree with a single word that Councilman DiCicco said. (Laughter.)
Councilman Kelly, I notice that your light's been on. Did you want to be recognized?
Yes. Madam President, I have no idea how this amendment is going to affect this bill, but Councilman DiCicco tried to explain it in the best terms that he could. But I'm still confused over what this amendment will do to this bill.
And Councilman, I think we were here till well after 8:30 last night, and the amendment Stated - 5/26/05 certainly could have been introduced at that time.
There was a lot of discussion on these bills, and I think...
And we could have had a full explanation from whoever was introducing it.
The Commissioner said that the bill, when introduced by him, would not include that word. I'm going to ask that the
And if you can't believe what anybody says, let's know it in advance. He said it on the record. I asked him that. I raised the question.
Madam President, I think there's a motion on the floor. Maybe we can proceed.
Okay. There's been a motion on the floor. I think there's been enough conversation on this, and I think we ought to proceed. There was a motion made that the rules of Council be suspended, and it was seconded in order to... Oh, the amendment. Okay. Would the Chief Clerk please read the roll.
We're voting on the amendment. Councilwoman Blackwell, how are you Stated - 5/26/05 voting on the amendment?
I hate to do this, Madam President, but I did mention to the Councilman's staff person -- This may seem like a minor point, but possibly in the event that this amendment might pass, I believe that there is an inadvertent typographical error on the amendment which could change the meaning or provide further confusion regarding the meaning of this amendment. It's in the last line. It reads, intended to advertise a product of service which I think, of course, does not make any sense. It probably should read, a product or a service.
So I think Stated - 5/26/05 you have to change. Councilman?
Councilman, why don't you withdraw the amendment and produce a corrected amendment.
Well, make your motion. Let's do something. (Laughter.)
I move that the... the word "of" in the last line of the proposed amendment should have been written "or a" instead of the word "of." It was a typographical error.
Is there a second? UNIDENTIFIED COUNCIL PERSON: Second.
All in favor will indicate by saying aye. (Chorus of "ayes.") Stated - 5/26/05
The ayes have it. (A Council member spoke, away from the microphone, not reportable.)
Pardon me? It's just changing the last sentence. Can we proceed? Councilwoman Tasco, your light is on. Did you want to be recognized?
Councilwoman Brown, your light's on. Did you want to be recognized?
Given the issues that have been raised by Councilman DiCicco, and given the potential that this particular amendment could inadvertently or in an unintended way affect or jeopardize the City's mural arts program, the best in the country, I will not be supporting this amendment.
Thank you. The Chair recognizes Councilman Mariano.
Thank you, Madam President. I really with all my heart want to support this amendment, but with Councilman DiCicco's statement, and what Councilwoman Blondell Reynolds Brown just said about the mural arts program, I mean, he's making it really hard for us. And we're really trying to help here. So, I'll be voting against it Stated - 5/26/05 unless it's changed.
Okay. Again, I would ask the Chief Clerk to please call the roll on the adoption of the amendments.
Well, I'm going to withdraw the motion now because I think there's been enough confusion. But next week please don't anybody say to me, you're holding up the works, you're delaying the budget or anything. My effort was made -
You can go Stated - 5/26/05 forward with your vote.
Madam President, I have the floor, and I ask to be permitted to speak without interference by anyone. Don't I have that right?
You have the right, sir, and you've had the right now for the last half hour.
Well, let me make my statement. Other members of Council make statements without constant harassment.
And I have that same right. I'm trying to make some sense and permit this Council to honor the words of witnesses. But if a witness says one thing and then changes without informing anybody, it's wrong. And I intend to follow this thing through to see that the record today will ultimately reflect the statement made by Stated - 5/26/05 Commissioner Sovilive or that he gives us a firm reason for changing and explaining why he didn't tell us. Everybody's acting as if I'm trying to create a problem. I'm trying to avoid one next week. So, I'm going to hold this question now and not ask that any action be taken this week but reserving the right to present the motion.
So, Councilman Cohen is withdrawing his motion to amend the bill. I would ask the Chief Clerk to please proceed with calling the bills on the first reading, please.
Bill Number 050230, an ordinance amending Title 14 of The Philadelphia Code entitled, zoning and planning, by amending Chapter 14-200 entitled, residential districts.
And Bill Number 050233, on ordinance amending Title 14 Stated - 5/26/05 entitled, zoning and planning, to add definitions for certain architectural features that are commonly located on residential buildings.
And Bill Number 050285, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Essington Avenue and the former Pennypack Avenue.
And Bill Number 050339, an ordinance to amend The Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Bridge Street, Tacony Street, Sanger Street, the Delaware River and Frankford Creek.
And Bill Number Stated - 5/26/05 050295, an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, in an amount not to exceed $6 million.
And Bill Number 050297, an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, in an amount not to exceed $500,000.
And Bill Number 050299, an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, in an amount not to exceed $2 million.
And Bill Number Stated - 5/26/05 050343, an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $500,000.
And Bill Number 050416, an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, in an amount not to exceed $2.5 million.
And Bill Number 050454, an ordinance amending Bill Number 040765.
And Bill Number 040595, an ordinance amending Title 9 of The Philadelphia Code, by amending Section 9605.
And Bill Number 050203, an ordinance amending Title 9 of The Philadelphia Code entitled, regulations of businesses.
And Bill Number 050204, an ordinance amending Title 4 of The Philadelphia Code, the Philadelphia Building Construction Occupancy Code.
And Bill Number 050266, an ordinance amending Title 9 of The Philadelphia Code entitled, regulation of business, trades and professions.
And Bill Number 050267, an ordinance amending Title 4, subcode 8 of the Philadelphia Administrative Code.
And Bill Number 050342, an ordinance amending Chapter 10-1800 of The Philadelphia Code entitled, vicarious liability for student conduct.
The Chair agrees. That completes our first reading calendar for today. And The Chair recognizes Councilwoman Blackwell for the purpose of calling up the bills on the second reading and final passage calendar to be considered today.
Thank you, Madam President. Today bills to be called up on second reading and final passage are Bill Numbers 050428, 040771-A, 040772-AA, 050301-A, 040851, which is the change in our position.
Yes. I Stated - 5/26/05 thought I'd mention that.
-- 050063 is also being called up for an amendment on .
And the last bill on the calendar, 050429. As you have just said, 050301-A, the smoking bill, is to be amended.
Okay. I would ask the Chief Clerk to please read the title of Resolution Number 050428.
A resolution proposing an amendment to the Philadelphia Home Rule Charger, relating to the City leases, contracts, concessions and the provision of financial assistance, and providing for the submission of the amendment to the electors of Philadelphia.
The Chair Stated - 5/26/05 recognizes Councilman Nutter.
Thank you, Madam President. Madam President, I move the adoption of the resolution. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the rules of Council be suspended -- I'm sorry -that the Resolution Number 050428 be adopted. Since Resolution Number 050428 proposes an amendment to the Home Rule Charter, it requires the approval of two-thirds of the members of Council. The Chief Clerk will please call the roll.
A majority having voted in the affirmative, Resolution Number 050428 has been adopted. We will now proceed to Bill Number 040771-A.
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of a proposal set forth in a resolution approved by Council proposing amendment of the Philadelphia Home Rule Charter, relating to City leases, contracts, concessions, and the provision of financial assistance.
This bill having been read on two different days, the Stated - 5/26/05 question now is, shall the bill pass finally. The Chief Clerk will please call roll.
Aye. The ayes are 16; the nays are 1. A majority of all members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill Number 040772-AA.
An ordinance amending Title 17 of The Philadelphia Code entitled, Stated - 5/26/05 contracts and procurement, by adding provisions relating to process by which the City awards professional service contracts and other non-competitively bid contracts, and prohibiting persons from entering into such contracts or from receiving City financial assistance if they or certain related parties have made certain contributions to elected City officers or candidates for City offices, all under certain terms and acknowledges.
Thank you. This bill having been read on two different days, the question now is, shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. I'm sorry. How did Councilwoman Blackwell vote?
Okay. The ayes are 16; the nays are 1. A majority of all members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill Number 050301-A.
An ordinance amending Title 20 of The Philadelphia Code entitled, officers and employees, by amending the provisions relating to campaign contributions and expenditures relating to, including but not limited to the District Attorney, City Controller, Register of Wills, Sheriff, Clerk of Quarter Sessions Court, and City Stated - 5/26/05 Commissioner.
Thank you. Councilman Nutter, your light is on. Did you want to be recognized?
Thank you. This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. May I ask the Chief Clerk what the vote is?
Thank you. A majority of all members having voted in the affirmative, this bill passes. The next bill to be called up for consideration is Bill Number 050063.
An ordinance amending Chapter 10-600 of The Philadelphia Code entitled, public places prohibited conduct, by prohibiting smoking in public places and in the workplace, and providing for penalties, all under certain terms and conditions.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I will be introducing some amendments -- offering some amendments to this bill, and I'd like to have a moment for Stated - 5/26/05 some brief remarks. Thank you, Madam President.
Excuse me. Has everyone received a copy of the amendments? COUNCILMAN DiCICCO: I believe so, yes.
Councilman Clarke, you're looking very quizzical. Do you have a copy of the amendments? Councilwoman Krajewski, do you have a copy?
Oh, okay. All right. Councilwoman Krajewski said she has them. So, I will again recognize Councilman DiCicco. Stated - 5/26/05 COUNCILMAN DiCICCO: Thank you, Madam President. I'd like to take this opportunity to thank my colleague, Councilman Nutter, for his tireless efforts over these past five years in dealing with this very important issue to create a smoke-free environment in the City of Philadelphia. I know that he would have preferred to have the original bill that he introduced about five years ago, and I think it was the year 2000. But because -- He is to be commended because of his tireless efforts, as I said. But more importantly, his willingness to listen to others and the concerns that we had to find some common ground. The results of those discussions -and there have been many, almost to the point where he caused me to become a chain smoker... (Laughter.) COUNCILMAN DiCICCO: ...bring us to this historic day in the City of Stated - 5/26/05 Philadelphia's history. I am pleased to introduce these friendly amendments to Bill Number 050063. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Nutter. (Applause.)
Thank you, Madam President. I thank my colleague, Councilman DiCicco, for his continued work and attention to this issue. But also, this work represents significant effort by many members of this City Council. And regardless of what any member's position has been or is today, and there have certainly been changes over the course of the year, I have learned a great deal as a legislator. The support and the opposing views, I think, have ultimately led to a better piece of legislation. I know, at the same time, it will never make everyone happy at a particular Stated - 5/26/05 moment, but I think over time we will see the very positive effects of what this kind of legislation can do. And so for today, I'm certainly very pleased to receive these amendments being offered with the friendship from Councilman DiCicco. We will continue to work on these issues, but I thank every member of this body for the conversation, for the discussion, for the intelligent concern and the challenge to many of the issues that confront us. I think ultimately the process makes us better. Thank you, Madam President.
Thank you. The Chair recognizes Councilman O'Neill.
Thank you, Madam President. I'll be brief. I'm going to vote against the amendments. And I just felt strongly that the bill the way it was was the right way to do it. And when you start creating Stated - 5/26/05 different levels of employees and different classes of smokers, and competitive disadvantages, depending on whether you're this business or that business, that it's the wrong way to go. So, I'll be voting no. I just wanted to explain it. Thank you.
Thank you. Would anyone else want to be recognized? (No response.)
Seeing none, I would ask the Chief Clerk to please call... Councilman Cohen, I see that your light just went on.
Thank you. Madam President, I'm going to be voting no on the amendments but will be voting aye on the bill, whether or not the amendments pass or fail.
Thank you. I would ask the Chief Clerk to please call the roll. Stated - 5/26/05
The nays are 7; the ayes are 10. The amendments pass. (Applause.)
The amendment has been adopted. And the Chief Clerk will now read the title of Bill Number 040851.
An ordinance permitting three traffic lanes on Walnut Street between 40th Street and Cobbs Creek Stated - 5/26/05 Parkway, and requiring that the lane markers on Walnut Street be changed to reflect this change.
This bill having been read on two different days, the question now is, shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the Stated - 5/26/05 affirmative, the bill passes. The Chief Clerk will please read the title of the Resolution Number 050428.
A resolution memorializing Council's intent not to authorize the issuance of debt by the City or any other agency unless the sale of bonds and the selection of bond firms and professionals is conducted under a transparent process that seeks the selection of the most qualified firms and the professionals, at the best possible prices.
Thank you. The Chair recognizes Councilman Nutter for a motion on Resolution Number 050429.
Thank you, Madam President. I move the adoption of the resolution. Stated - 5/26/05 UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that Resolution Number 050429 be adopted. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and Resolution Number 050429 has been adopted. That completes our calendar for today. Are there speeches on the part of the minority? (No response.)
Are there speeches on the part of the majority? (No response.)
Seeing none, The Chair recognizes Councilwoman Tasco Stated - 5/26/05 for a motion to adjourn.
Madam President, I move that Council stand adjourned until Thursday, June 2nd, at 10:00 a.m., 2005. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and seconded that Council stand adjourned until Thursday June 2, 2005. All in favor will say aye. (Chorus of "ayes.")
The ayes have it, and the motion carries. Thank you very much. (Public hearing concluded at 12:41 p.m.) 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 May 26, 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.)