COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING City Hall, Room 400 Philadelphia, Pennsylvania Thursday, March 23, 2006 10:25 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DICICCO COUNCILMAN W. WILSON GOODE COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, PA 19103
Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. Council will please come to order, members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Reverend Donald Strickland, associate pastor of Miracle Temple of Christ. He is here today as the guest of Councilman Kenney. I would ask all members and guests to please rise.
Let us seek the Lord in prayer. Heavenly Father, we give you glory, thanks and praise for one more day of existence on this earth. We come this day to recognize you as creator, a sovereign and supreme God, as savior and a personage of Jesus the Christ and being ever present through your spirit, which we reverence as holy. Thank you for this day, our families, our life, health, and strength, which we acknowledge comes from you. We thank you for this great city of ours and ask that you will increase us in our love and care for one another. Watch over and protect our neighborhoods and citizens of this city. Heavenly Father, I ask that you will bless this session of City Council, that it will be productive and fruitful, that ideas and thoughts can be shared with respect towards one another, that this Council will have a joint focus for the welfare of our city and its people, that decisions will be beneficial, right, and just for governing this city. By your spirit I ask for the resolution and removal of any confusion and misunderstanding between those who here today. And at the end of this day I ask that this meeting of City Council will be honorable and acceptable in your site, oh, Lord, because of their diligence and great stewardship that carry out the duties that have been bestowed upon by the people and blessed by you, oh, Lord. Our Heavenly Father, it is in Jesus' name that I pray this prayer and ask for your many blessings. Amen.
Amen. The Chair thanks Pastor Strickland for his very inspiring invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, March 16, 2006, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. that the Journal of the meeting of Thursday, March 16, 2006, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, March 16, 2006, stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the Journal of the meeting of Thursday, March 16, 2006, is approved. The next order of business is requests for leave of absence, and again the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Majority a leave of absence is requested for Councilman Mariano.
Thank you. Leave will be granted. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the republicans there are no requests for leave of absence.
The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in chambers 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 will Blackwell, who will introduce some of our guests.
Thank you, Madam President. I would like to give a warm welcome today to three distinguished guests with us from Mosul, Iraq. They are here in Philadelphia for the State Department's Partners For Peace Program. IVC has partnered with Mosul during their ten days in Philadelphia and we are providing training in city management, the legislative process, consensus and conflict resolution as well as civic engagement/civil society. They are Vice-Governor Gran, Provincial Council Member Raoof, a woman, and Provincial Council Member Akmed. (Applause.)
Welcome. Welcome. We hope you enjoy your visit. Thank you very much. The Chair will now recognize Councilman Kenney, who will present a 2006 as American Red Cross month. Will Mr. Thomas Foley and those accompanying him please join the Councilman at the podium.
Thank you, Madam President. This is a resolution proclaiming the month of March 2006 as American Red Cross month. Whereas, the American Red Cross was founded in 1881 by Clara Barton, a woman selflessly devoted to the needs of humanity and chartered in the City of Philadelphia in 1916 and Whereas, compassion, courage, character, civic duty are inherent in the Red Cross mission to prevent and relieve human suffering, and the City of Philadelphia shares these grand ideals; and. Whereas, the Red Cross is chartered and authorized by Congress to act in times of need, providing afflicted by personal, local or national disasters; and Whereas, Red Cross volunteers from the Southeastern Pennsylvania Chapter responded to more than 800 disasters last year, providing thousands of residents with food, clothing, shelter and mental health support; and Whereas, people have counted on the Red Cross for the information and skills they need to be safe at home, at work, at school and at play. Last year the Southeastern Pennsylvania Chapter trained and reached nearly 285,000 people with valuable lifesaving information; and Whereas, the American Red Cross reached more than 40,000 students in the School District of Philadelphia last year with some form of health, safety, leadership or disaster education training; and Whereas, the American Red Cross, through its Penn-Jersey Blood Region, provides lifesaving blood and blood products whenever and wherever needed. The safety of the blood supply is its number one priority. Whereas, in 1943 President Franklin Delano Roosevelt called upon the American people with this request, that during this month our people rededicate themselves to the splendid aims and activities of the Red Cross; now therefore Resolved by the Council of the City of Philadelphia that we hereby proclaim the month of March 2006 as American Red Cross month in the City of Philadelphia. Thank you and congratulations. (Applause.)
Thank you, Madam President, and thank you, Councilman Kenney, and all of our friends in City Council who have been so supportive. say a couple of very quick things, Madam President. One, this has been a very special year for the American Red Cross, an unprecedented year. 34 million hot meals were served as a result of Hurricane Katrina by the Red Cross. 3.75 million nights of shelter were provided by the American Red Cross to people down there. 1.2 million families received $1.5 billion from the Red Cross because of Hurricane Katrina. A number of people providing those services were from right here in this city. 299 of our volunteers were deployed for an average of three weeks in Louisiana and Mississippi. 309 of our volunteers took over the emergency response lines in the aftermath of that disaster when all of the phone lines in that part of the country went down. All told, 233,000 Red Cross volunteers were deployed to help in taking care of all of those families, so an unprecedented year. This is also a very special Cross, and I appreciate Councilman Kenney referring to FDR's first proclamation back in 1943. We celebrate this month the fact that the Red Cross is the place where 4 million strangers will give their blood to someone they don't even though. 175,000 of those strangers live right here in our area. We celebrate this month the fact that someone you don't even know is prepared to save your child from drowning. Last year 109,000 people took lifesaving training from the American Red Cross right here in Philadelphia. We celebrate this month the fact that when there is an emergency on this side for a military person who is serving overseas, that the American Red Cross is there to take care of that emergency, 2,933 times right here in Philadelphia in the last year. And we celebrate the fact that someone you don't even know will put your night after a fire. 72,000 times in America last year, over 800 times right here in our City, American Red Cross workers were there. It is also a very special week for us. This week we will house the one thousandth family in Red Cross House, which is at 40th and Powelton Streets right here in Philadelphia. (Applause.)
Members of this Council, especially Councilwoman Blackwell, were strategic in placing that one-of-a-kind facility. This is the only Red Cross House in America. When people are burned out of their homes in our city, they have a place to go. We have people who work full time to get them back into their homes and back into their normal lives. We had 998 families as of last night, and the one thousandth will be there this week. Lastly and most importantly, this is a very special day for us and we this Council for the partnership they have displayed with us on many issues. I have been out on the street with many members of this Council. I'm looking at one, Councilman Ramos, because I have enjoyed several events with him, but with so many of you. We appreciate your partnership and we're very grateful that you take this moment in your important deliberations to recognize the work of all of these terrific people back here. And all the work that I mentioned, someone among this group of ten does that kind of work. And I wanted you to see the breadth of folks and talent that we have there. So thank you very much, Councilman Kenney. (Applause.)
For many, many years that I can recall Councilwoman Krajewski has patiently resolution to our very special guest today. This resolution is honoring Philadelphia legend and entertainment icon, Mr. Bill Cosby. (Applause.)
Will everyone please stand and welcome Mr. Cosby. (Applause.)
Oh, I'm coming. And I would also like to invite the other Council people to come up here and present this, and my friend Mary Mason. Where is she?
This really indeed is a pleasure. As the president stated, I have been waiting a long time. He happens to be one of my favorites. He is Philadelphia's icon and to be standing here with Mr. Cosby. This is a resolution honoring Philadelphia legend and entertainment icon Bill Cosby. Whereas on July 12, 1937 William Henry Cosby, Jr., was born to William Henry Cosby and Anna Pearl Hite at 3:00 a.m. at Northwest Philadelphia's Germantown Hospital. The eldest of four boys, Bill helped raised his brothers, James, Robert and Russell, in the projects of North Philadelphia, a locale that would later prove fruitful for his entertainment ambitions.
Whereas he attended Central High School and joined the United States Navy. After four years serving our country, he achieved the rank of hospital corpsman third class. He won an athletic scholarship to Temple University working nights as a bartender, which gave him an outlet for his one-liners, observations, and witty stories. This prompted him to pursue stand-up comedy in Greenwich Village, and he was discovered by the legendary Carl Reiner; and
Whereas his big break came with the release of "Bill Cosby is a Very Funny Fellow, Right," a comedy album that had Cosby never using harsh or derogatory language, telling stories rather than jokes, often surrounding his Philadelphia childhood, particularly tales about the little brothers and his friends, Weird Howard and, of course, Fat Albert; and Whereas, in 1965 Bill Cosby became the first African-American actor staring in a weekly dramatic series, the television show I Spy where he portrayed undercover CIA agent Alexander Scott, a role he won several Emmy award for; and
Whereas, he has one more Grammies for comedy than any other artist, winning every year from 1965 to '70 and again in 1987, racking up three gold and six platinum certified comedy albums. He is a best-selling author with the books "Fatherhood," "Love and Marriage" and "Time Flies" as well as being the beloved face of products such as Jell-O, Eastman Kodak, and Coca-Cola.
Whereas, the landscape of television was changed forever on September 20, 1984 when The Cosby Show first premiered on NBC. Millions tuned in to watch the day-to-day lives of the upper middle class Huxtable family. Headed by Dr. Cliff Huxtable and his attorney wife, Clair, their bunch of five children, Sondra, Denise, Theo, Vanessa and Rudy, dominated television on Thursday nights staying in the top 20 for the next eight years; and
Whereas, he raised a family of four daughters and one son with Camille Cosby and established the Hello Friend Ennis fulfill the goals and dreams of their late son Ennis. The foundation is dedicated to being a friend to all people with dyslexia, recognizing and celebrating their gifts, opening the doors of learning to them, and helping them reach their full potential; and now
Therefore, the City Council of Philadelphia respectfully honors and pays homage to our most famous Philadelphia son, who has dedicated his life's work to the enjoyment, entertainment, and laughter of others while carving out an impact felt on every social class in America. This is a true and correct copy signed by the President of City Council, Anna C. Verna, and sponsored by all Now, you know, one thing, with the Huxtables you were not allowed a hoagie. You had to hide it. I will tell you now, Mr. Cosby, you can't hide this hoagie. (Presentation of hoagie to Mr. Cosby.) (Applause.)
Thank you. Where are all of my whereases? Please step forward, whereases.
The Chair now recognizes Mr. Cosby for remarks. (Applause.)
First of all, when Wilson Goode was Mayor, they honored me so many times. He would call me and for no reason just give me something, and I think we got down to bowls with pictures of people who weren't from Pennsylvania. He was borrowing stuff from the State of Virginia. And, finally, he said, "We don't have anything else to give you." So I said, "Okay. What about a house?" He says, "In Fairmount Park. I'm give you a house in Fairmount Park near the horses." This is a great, great pleasure. I have been honored all across this United States by cities and given keys. And when you look at my body of work, you will always see that even though the character I play will change names, I never change, except for the cowboy picture I did, the city that the fellow is from. I have always felt a great deal of pride in the rights and the wrongs, the ups and the downs and everything, a great deal of pride because to come to this city and to hear that sound, it's not Pittsburgh; it's Philadelphia. And today I wanted to say to all of you: The children, I don't understand how we can appear to be so a new time, ladies and gentlemen. Those of you must understand it. Even if you look at the Red Cross, we have to change. We have to go into areas. We have to put bodies on our children today. I'm 68 years old. We had in that neighborhood up to Fairmount Avenue, Brown, Parrish, 10th, 9th, all of these streets of North Philadelphia, we had Salvation Army, we had the Sixth Ninth Police Athletic League, we had the Red Cross. And as boys we heard about these places and we went there. Today's children don't go there and it is up to us to go get these children. It is up to us to pick up the phone, forget bureaucracy. I'm serious. Call friends. Call friends with kids in college and tell them to volunteer. Tell people to speak up on buses, on subways, in public places. These children will tone down when you ask them nicely, "Please watch your language." Don't you appear to be angry. Just "Would you all, please, just watch your language." We've got to say something to these children because for many within the four walls of their homes or apartments there is no protection, protection I mean by the way your mother, your father or both would do things to you, and that was protection. Example: Even though my father drank and even though he said he didn't want responsibility, the man still had some kind of weird ego about me and so he would sit there sometimes half high and I would hate to see him because he was going to ask me something. And so I had to when I was sitting in school, even though I didn't want to study, I had to listen because this man was going to ask me something. And so he would say, "What did you do in math," and I had to be able to B.S. him. And then if I didn't pay attention, he was going to say, "Go get the book." And even though he didn't know what he was looking at, he would sit there and we would stay there for three, four hours while he pretended to know what he was talking about. I didn't know, so he had me. (Laughter.)
And so I had to listen to poor Mr. Sapolski even though I didn't want to, and I would say to my father, "Well, dad," knowing my father knew nothing about geometry, "Dad, there is this wonderful man. His name is Isosceles and he has a triangle and he loves his triangle so much, Dad, and he worries about the hypotenuse." And my father would say, "All right. That's enough of that." (Laughter.)
And then sometimes he would say, "What about science? What are you doing in science?" I said, "Dad, do you know that 3000 veins?" And you could see him thinking, "Oh, God." And he would say, "Never mind. Never mind. That's good enough." So I had to have something. Today there are many, many parents the child doesn't have to know a thing and I'm telling you there are many kids I've said, "What are you doing in math?" And the kid would say (silence), and that was the answer. I had one young man. I said, "What are you doing in science?" He was a seventh grader and it was December. I said, "What are you doing in science?' He said, "something about heat." That's not funny. That's on us. That's on every one of us. People in power, you pick up the darn phone. Don't tell me, well, bureaucracy, and we can't touch -- you see some boys and you know or some girls and you see them and they are going to fall through -- it is not even a crack anymore; it is a gigantic it and you make a call. You make a call to somebody. Even a wino, if there are any left. These children are eating these Oodles of Noodles. What is this stuff? You get 17,000 for a dollar. It has 800 grams or milligrams of salt. And then you go to the Dollar Store and for a dollar you get 1200 hot dogs and something. It's the same thing they serve in prison. Children are eating this stuff. We have got to stop it. We have to put bodies on them, make calls. College students, that's the way all of these revolutions break loose. You call the young. You make them responsible. You don't send them in where they are going to get killed now. Nobody said go right up to the drug dealer and say, "Get out of town." No. Leave that up to the Muslims. They know how to talk to these people. (Laughter.)
They have sunglasses, a bowtie and a bean pipe, brothers. You don't come in here with that. Join with the Muslims. Let them run them out of town. I want to thank you for my whereases, and I want you to know what is special -- where are you, Joan?
But what I want all of you to understand, this is the first group of whereases -- what time is it? 11 o'clock -- that I have had the rest of the day for this and nobody proclaimed it Bill Cosby Day. Usually they give it to me on stage in some city and it's 9 o'clock at night and whereas we proclaim and, man, I can't go into handicapped parking or anything. So thank you all very much (Applause.)
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 on March 23, 2006, I signed the following bill that was passed by Council at its session on March 9, 2006, Bill No. 051198; and I am transmitting for the consideration of your honorable body a resolution approving the redevelopment of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Point Breeze urban renewal area; 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 South Central urban renewal area; and An ordinance authorizing the Church of New Hope and Faith to construct and maintain a one-story vestibule entrance at 661 North 39th Street 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.
Thank you. The next order of business is the introduction of bills and resolutions, and 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. (Duly seconded.)
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 will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce five resolutions and one bill, three resolutions on your behalf, two resolutions on my behalf, and one of those resolutions is co-sponsored by Councilman Kenney.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing Church of New Hope and Faith to construct, operate, and maintain a one-story vestibule located at 661 North 39th Street.
The bill will be referred to the appropriate committee.
And a resolution approving the redevelopment contract in disposition, supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Point Breeze East Urban Renewal Area.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
And a resolution adopting findings of fact and conclusions of law with respect to certain appeals filed in the Philadelphia Court of Common Pleas regarding Council's decision disapproving applications to sell malt and brewed beverages for consumption off premises.
Again the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor please indicate by saying aye. (Aye.)
And a resolution calling on the President and the United States Congress to adopt bipartisan federal legislation for comprehensive immigration reform.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution authorizing the commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 36th Ward of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution was adopted.
And a resolution authorizing the commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 60th Ward of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Krajewski.
The Chair thanks the councilwoman. The Chair recognizes Councilwoman Tasco.
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have two resolutions.
Thank you. I would ask the Chief Clerk to please read the title of the first resolution.
A resolution authorizing City Council's Committee on Public Safety to conduct public hearings to examine the steep and sudden rise of fatalities in the City of Philadelphia.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution will be referred to the Committee on Public Safety.
And a resolution authorizing the commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 11th and 13th Wards of the City of Philadelphia.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Brown.
The Chief Clerk will please read the title of the resolution.
A resolution honoring the memory of the Honorable K. Leroy Ervis, Esquire.
Madam President, I failed to mention that that resolution is co-sponsored by my colleague, W. Wilson Goode, and I move for the adoption. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor? May I suggest that we have this vote by standing vote? Thank you. (All Council members standing.)
All those standing will be voting in favor of the adoption. The resolution has been adopted. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills and resolutions.
Thank you. The Chair recognizes Councilman Ramos.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Madam President, I offer one resolution.
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 25th and 31st Wards of the City of Philadelphia.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: I move for the adoption of the resolution, Madam President. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.
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 adding a Chapter providing for the development of and setting forth provisions relating to Economic Opportunity Plans in connection with certain City contracts and projects, all under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Kelly.
Thank you. Councilman Goode, did you want to be recognized?
Madam President, I need to be excused from Council chambers on Council business time. I would look to be recorded as voting in favor of all bills and resolutions except for the last two on the calendar. I would like to be recorded as voting nay on Resolution 101 and Bill 92.
And that would hold true for the resolution too? The resolution also?
Fine. Thank you. Leave will be granted. The Chair recognizes Councilman Rizzo.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance 19-203 of the Philadelphia Code entitled "Payroll Deductions," to add the German American Fire Fighters Association to the list of designated payees to whom an employee may direct payroll deductions, all under certain terms and conditions.
The bill will be referred to the appropriate committee. The next order of business is reports from committees, and the Chair recognizes Councilwoman Blackwell for a report from the Committee on Finance.
Thank you, Madam President. The Committee on Finance reports out one bill with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President the Council of the City of Philadelphia, the Committee on Finance, to which is referred Bill No. 050661 entitled "An ordinance authorizing the creation of a loan or loans to provide funds for and towards various capital municipal purposes and fixing a date for holding the election for obtaining such consent and providing for the arrangements for holding such election," respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair again 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 No. 050661.
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill No. 050661. All in favor will indicate by indicating aye. (Aye.)
The ayes have it. The bill just read will be placed on our First Reading Calendar for today. The Chair now recognizes Councilman DiCicco for a report from the Committee on Streets and Services.
Thank you Madam President. The Committee on Streets and Services reports 13 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 Streets and Services, to which is referred Bill No. 060009 entitled, "An ordinance authorizing Antoinette McCoy, doing business as Cuisine of Soul, to construct, operate and maintain an open-air sidewalk located at 4835 Frankford Avenue"; and Bill No. 060051 entitled, "An ordinance authorizing and directing revision of lines and grades on a portion of City Plan No. 143 under certain terms and conditions"; and Bill No. 060053 entitled, "An ordinance amending Chapter 12-3000 of the Philadelphia Code by authorizing the installation of red light enforcement systems at the interaction of Broad and at the intersection of Grays Ferry Avenue and 34th Street" and Bill No. 060057 entitled, "An ordinance amending Title 9 of the Philadelphia Code by prohibiting street and sidewalk vending on certain portions of Spring Garden Street"; and Bill No. 060086 entitled, "An ordinance authorizing Evangelisonna of Theotokos Greek Orthodox Church to construct a handicapped entrance ramp and raised platform landing providing ingress/egress located on the eastern part of 6501-05 Bustleton Avenue"; and Bill No. 060110 entitled, "An ordinance authorizing George Wake d/b/a Big George's Diner to construct an existing one-story building addition located at 285 South 52nd Street"; and Bill No. 060112 entitled, "An ordinance amending Section 2 of an ordinance (Bill No. 040763) approved October 27, 2004 by extending the time stated therein"; and Bill No. 060114 entitled, "An ordinance authorizing and directing revision of lines and grades in a portion of City Plan Nos. 240 and 295 all under certain terms and conditions"; and Bill No. 060141 entitled, "An ordinance amending Section 9-204 of the Philadelphia Code by permitting vending on the west side of 10th Street from Market to Ludlow Street"; and Bill No. 060156 entitled, "An ordinance amending Section 12-1120 of the Philadelphia Code entitled, 'Abandoned Vehicles' by increasing the towing and storage fees that an authorized salvor may charge"; and Bill No. 060158 entitled, "An ordinance establishing a no parking any time regulation on the east side of Keystone Street between Unruh Avenue and Longshore Avenue"; and Bill No. 060183 entitled, "An 3/23/06 - STATED - 1ST READING ordinance authorizing and directing revision of lines and grades on a portion of City Plan No. 393 by placing on the City Plan Cates Way"; and Bill No. 060184 entitled, "An ordinance authorizing the paving of Cates Way under certain terms and conditions," respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move that the rules of Council be suspended so as to permit First Reading this day of the 13 bills that have just been read into the record. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as 3/23/06 - STATED - 1ST READING to permit First Reading this day of the bills just reported from committee. All in favor will say aye. (Aye.)
The ayes have it and the bills just read by the Chief Clerk will be placed on our First Reading Calendar for today. The next order of business is the consideration of the calendar. The Chief Clerk will please read the bills on the First Reading Calendar.
Bill No. 060043, an ordinance approving the fourth amendment of the Redevelopment Authority proposal for the 45th and Sansom Urban Renewal Area.
And Bill No. 060116, an ordinance amending Section 3/23/06 - STATED - 1ST READING 14-1610 of the Philadelphia Code entitled, "All City Residential Areas Special District Controls."
And Bill No. 050661, an ordinance authorizing the creation of a loan or loans to provide funds for and towards various capital municipal purposes.
And Bill No. 060009, an ordinance authorizing Antoinette McCoy, d/b/a Cuisine of Soul, to construct an open-air sidewalk cafe located at 4835 Frankford Avenue.
And Bill No. 060051, an ordinance authorizing and directing revision of lines and grades in a portion of City Plan No. 143 under certain terms and conditions. 3/23/06 - STATED - 1ST READING
And Bill No. 060053, an ordinance amending Chapter 12-3000 of the Philadelphia Code, use of automated red light enforcement system to prevent red light violations.
And Bill No. 060057, an ordinance amending Title 9 of the Philadelphia Code by prohibiting street and sidewalk vending on certain portions of Spring Garden Street.
And Bill No. 060086, an ordinance authorizing Evangelisonna of Theotokos Greek Orthodox Church to construct a handicapped entrance ramp located on the eastern part 6501-05 Bustleton Avenue.
The Chair agrees. 3/23/06 - STATED - 1ST READING
And Bill No. 060110, an ordinance authorizing George Wake, d/b/a/ Big George's Diner, to construct a proposed one-story building addition to be located at 283 South 52nd Street.
And Bill No. 060112, an radiance amending Section 2 of an ordinance (Bill No. 040763) approved October 27, 2004 by extending the time for compliance with the conditions stated therein.
And Bill No. 060114, an ordinance authorizing and directing revision of lines and grades in a portion of City Plan Nos. 240 and 295 all under certain terms and conditions.
And Bill No. 3/23/06 - STATED - 2ND READING 060141, an ordinance amending Section 9-204 of the Philadelphia Code by permitting vending on the west side of 10th Street from Market to Ludlow.
And Bill No. 060156, an ordinance amending Section 12-1120 of the Philadelphia Code entitled "Abandoned Vehicles" by increasing the towing and storage fees that an authorized salvor may charge.
And Bill No. 060158, an ordinance establishing a no parking any time regulation on the east side of Keystone Street.
And Bill No. 060183, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 393 3/23/06 - STATED - 2ND READING by placing on the City Plan Cates Way.
And Bill No. 060184, an ordinance authorizing the paving of Cates Way under certain terms and conditions.
The Chair agrees. That completes our First Reading Calendar. The Chair now recognizes Councilwoman Blackwell for the purpose of calling bills to be considered on our Second Reading and Final Passage Calendar for today.
Thank you, Madam President. Today we start our calendar at the bottom of and all of those thereafter will be called up for Second Reading and Final Passage. They are Bill Nos. 060044, 060054 and 55, Bill Nos. 060107, 060117, 060101 and 060092. All other bills are being held. 3/23/06 - STATED - 2ND READING
The Chair thanks the Councilwoman. I would ask the Chief Clerk to please read the title of Bill No. 060044.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by I-95 Expressway, Island Avenue and the Philadelphia International Airport.
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.
COUNCILMAN 3/23/06 - STATED - 2ND READING DiCICCO. COUNCILMAN DiCICCO: Aye.
Aye. The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. Our next bill to be called for consideration is Bill No. 060054.
An ordinance amending Section 14-1624 of the Philadelphia Code entitled, "North Delaware Avenue Special Districts Controls."
This bill having been read on two different days, the question now is shall the bill 3/23/06 - STATED - 2ND READING pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chair recognizes Councilman 3/23/06 - STATED - 2ND READING DiCicco. COUNCILMAN DiCICCO: Madam President, thank you. I need to be excused and I wish for my votes to be recorded aye on all bills, resolutions and/or amendments.
Thank you. Leave will be granted. We will now consider Bill No. 060055.
An ordinance amending Bill No. 040369, which became law June 21, 2004, by further extending its expiration date.
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 15; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 060107.
An ordinance approving the first amendment of the redevelopment proposal for the West Fairhill/East Tioga/Hunting Park Urban Renewal Area.
This 3/23/06 - STATED - 2ND READING 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 15. The nays are zero. The majority of all members having voted in the affirmative, the bill 3/23/06 - STATED - 2ND READING passes. We will now consider Bill No. 060117.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Bustleton and Grant Avenue.
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.
Councilman Goode 3/23/06 - STATED - 2ND READING voting aye. Councilman Kelly.
Aye. The ayes are 15; the nays are zero. The majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Resolution No. 060101.
A resolution proposing an amendment to Article VIII, Chapter V of the Philadelphia Home Rule Charter, entitled, "Referenda Approved by the Voters," by adding a new section calling on the City to fight crime and violence through the use of video surveillance, which will be implemented in a manner that protects civil liberties and legitimate privacy interests.
The 3/23/06 - STATED - 2ND READING Chair recognizes Councilman Clarke for a motion on the Resolution No. 060101.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
Thank you. I just would like to bring to everyone's attention since Resolution No. 060101 is a charter change to the Home Rule Charter, it requires a two-thirds majority. The Chief Clerk at this time will please call the roll.
Councilman Goode 3/23/06 - STATED - 2ND READING voting no. Councilman Kelly.
Madam President, I'm sorry for this. We are in the middle of a roll call.
We are in the middle of a roll call, but I just read this amendment, and I wanted to ask Councilman Clarke, are we amending the charter?
Councilman Goode voting aye. 3/23/06 - STATED - 2ND READING Councilman Kelly.
We're in the middle of a roll call, but I just read this amendment. I wanted to ask Councilman Clarke: Are we amending the charter?
Madam President, I was trying to get your attention when you made the reference to the change in the charter. This is somewhat confusing. We had this discussion in the course of the public hearing. Unfortunately, under the rules of the charter we are required in order to get a referendum, although this one is 3/23/06 - STATED - 2ND READING a nonbinding referendum, you must amend the charter to allow for a referendum to be on the ballot. It technically says it changes the charter, but it doesn't actually change the charter because there is a nonbinding referendum. I don't like that process. Unfortunately, we don't have the ability to get anything on it as a ballot question unless you use that process. That came up in a public hearing and we explained it at the time. It's not something that I set up. It's the only way we have of getting a referendum on the ballot.
The ballot question would essentially ask the citizens of the City of Philadelphia if they were interested in the affirmative, that they support the use of video surveillance cameras to fight crime. The systems that would be implemented would 3/23/06 - STATED - 2ND READING be based on a series of discussions between elected officials, community organizations. The ultimate implementation would helpfully be a part of a process that assured that individual's privacy was in fact protected. In all of the other municipalities where it has been implemented, there was no referendum. There was no citizen participation. Law enforcement just simply implemented the system. I thought it was appropriate because of the nature of this issue and the sensitive nature of the issue that the citizens should have a buy into it and have an opportunity to state their case, if they vote in the affirmative, that this is something that they would be interested in doing. I think all of us should work on a process that helps us fight crime and enhance the Police Department's ability to fight crime but make sure that 3/23/06 - STATED - 2ND READING individual's privacy rights are protected.
What is confusing to me, Madam President, is the wording of this resolution. Does it become a part of the charter once we pass this resolution?
Is there any possible way that we could change the wording that would not change the charter but provide a resolution to put the question on the ballot?
To the best of my knowledge, there is not. Is there, Mr. Auerbach? Mr. Auerbach is nodding his head no.
I was going to vote for it, I wanted you to know that, until I read it, and I'm not really comfortable with the way it reads. So I'm going to vote no.
So 3/23/06 - STATED - 2ND READING how are you voting?
It is only because of the process. It is not the issue, but I'm very concerned about the --
You're concerned about the verbiage in the resolution?
And changing the charter. That is my question. That is my problem.
And according to what I'm gathering from Mr. Auerbach, that's the verbiage that has to be used. Councilman Rizzo.
Could someone explain -- I just heard what Councilman Clarke said. It's a technical strategy to get the ballot question on the ballot. What exactly would remain 3/23/06 - STATED - 2ND READING after the ballot question has been voted upon? What would change in the charter? If we could get the lawyers to please tell us because I don't think it is a big deal if it is just a process and it would be unfortunate to not have clear information and that affects people's vote.
And I don't mean in any way to be disrespectful to anyone who is asking questions because I think they are legitimate questions, but we are in the middle a roll call vote after we had the bill brought out from committee with a lot of discussion. And I recognize questions come up at the last minute, but I have already cast my vote 3/23/06 - STATED - 2ND READING and many others have also. And, again, I understand the questions are legitimate but perhaps should have been asked at a different time, and I don't know what we are doing procedurewise if we're interrupting a roll call vote to debate and get legal advice on a bill.
Thank you. The Chair recognizes Councilman Clarke.
Madam President, if there was a process that allowed us to have it on the ballot without amending the charter, we clearly would have used it, particularly given the fact that this is a nonbinding resolution, but there is no other process, and I simply had to use the tools which were provided to us.
Very well. Thank you. Councilwoman Tasco. 3/23/06 - STATED - 2ND READING
Madam President, I do respect Councilman Kenney. I was not on the committee and I did not have the benefit of the discussion, and I actually just read this. And what I just want to know is does this become a part of the charter in the future? That's the question.
Madam President, my understanding, according to Mr. Auerbach, it does, but there are two issues before us: One, it is a nonbinding resolution; two, the Philadelphia Police Department already have the authority to implement video surveillance systems, so if tomorrow Sylvester Johnson was able to find money in his budget or solicit money from Homeland Security, he can do that without a vote of the citizens or without a vote of Council. I thought it was appropriate, 3/23/06 - STATED - 2ND READING given the sensitive nature of this issue, to have citizens buy in if, in fact, we do do this. So it is not an issue regardless of what is in the charter that will prohibit the Police Commissioner from doing this. They can do it now. They have the authority to do it as we speak.
Madam President, I do not disagree with having the voters make their voices heard. That is not my issue. The issue here is that we are changing the charter and this goes into the charter and I just want to know what that means. I'm not clear about it. The issue of the surveillance cameras, having the citizens of Philadelphia make their voices heard, I think is a fine idea. I do not disagree with that, and that is not my issue, or the merits of what he's talking about.
I want my 3/23/06 - STATED - 2ND READING vote to be understood. I'm not clear on the resolution and therefore I will be voting no.
Thank you. I would suggest that the Chief Clerk continue to call the roll.
Aye. The ayes are 13; the nays are two. Two-thirds of all the members of Council having voted in the affirmative, the resolution is adopted. I would now ask the Chief Clerk to please read the title of Bill No. 060092.
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to Article VIII, Chapter 5, of the Philadelphia Home Rule Charter, entitled "Referenda 3/23/06 - STATED - 2ND READING Approved By the Voters" by adding a new section calling on the City to fight crime and violence through the use of video surveillance, which shall be implemented in a manner that protects civil liberties and legitimate privacy interests; fixing the date of a special election for such purpose; prescribing the form of ballot questions to be voted on; and authorizing the appropriate officers to publish notice and to make arrangements for the special election.
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.
COUNCILMAN 3/23/06 - STATED - 2ND READING DiCICCO. COUNCILMAN DiCICCO: Aye.
Aye. The ayes are 14; the nays are 1. The majority of all members having voted in the affirmative, the bill passes. That concludes our calendar for today. Are there speeches on the part the minority? Are there speeches on the part off the majority? The Chair recognizes Councilman Ramos.
Madam President, at this moment I want to of my staff, Mr. Vincent Thompson, as my chief of staff. He spent many years over there in the press box with The Philadelphia Tribune, with WRTI, WHYY, and recently as a spokesperson for the School District of Philadelphia. I welcome him on behalf of my staff to City Council. (Applause.)
Welcome. Welcome. Are there any other speeches on the part of the majority? Seeing none, the Chair recognizes Councilwoman Tasco for a motion to adjourn.
Madam President, I move that Council stand adjourned until Thursday, March 30, at 10 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, March 30, 10:00 a.m. All in favor will say aye (Aye.)
The ayes have it and the motion carries. Thank you. (Stated Meeting adjourned at 11:35 a.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings of the Stated Meeting of the Council of the City of Philadelphia are contained fully and accurately in the stenographic notes taken by me on Thursday, March 23, 2006, and that this is a true and correct transcript of same. ______________________________ Cynthia A. Whyte, RPR (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.)