COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, June 13, 2002 10:45 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DI CICCO COUNCILMAN WILSON W. GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103
Good morning. I note that the hour has come and that quorum of this Council is present. Council will please come to order. Members will take their seats. To give our invocation this morning, the Chair welcomes the Reverend Carl Fitchett. He is here as the guest of Councilman DiCicco. He is Pastor of St. Mariah Temple Baptist Church. Will guests and visitors please rise. REV. FITCHETT: Let us all bow our heads in prayer. Our heavenly Father, we come today in the blessed name of our Lord Jesus Christ asking thy blessings upon this august body and upon this leadership. We ask, oh, Lord, that all things that we do we will do ethically, morally and determinedly that we might make our City the place that you want it to be. In the name of Christ Jesus, we present these petitions. Amen.
The Chair thanks Rev. Fitchett for his inspiring invocation. Council will be at ease. (Council at ease.)
Will take their seats. The next order of business is the approval of the Journal of the Meeting of Thursday, June 6, 2002. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the Meeting of Thursday, June 6, 2002, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the Meeting of Thursday, June 2, 2002, stand approved. All in favor will signify by saying aye. (Aye.)
The ayes have it. The motion carries, and the Journal of the Meeting of Thursday, June 6, 2002, stands approved. The next order of business is requests for leave of absence. And the Chair recognizes Councilwoman Blackwell.
Thank you, 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 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 recognizes Councilman Rizzo to introduce some guests that we have today.
Thank you, Madam President. Madam President, I'd like to take this opportunity to introduce to you and other Members of guests of Council today Josh Goldberg. He's a third-grader -- and his mom Gail -- at and Anne Frank School in the Bustleton section of Philadelphia. Josh is right here. Come on out here, Josh, so everybody can see you. He's a third-grader and he's starting to love politics. (Applause.)
Welcome, Josh. At this time, the Chair recognizes Councilwoman Blackwell who will present a resolution honoring someone that we all know and respect and certainly has worked with us for a number of years. Mr. Craig Schelter. Would Mr. Schelter and those accompanying him please join the Councilwoman at the podium. And the Councilwoman is asking that Councilmembers Clarke and DiCicco please join her at the podium.
We are honored to have this privilege this morning to present a City Council resolution honoring G. Craig Schelter for serving 34 years.
Councilwoman, I'm sorry. I think you deserve a little more respect than that. The noise level is much too conversation, please do so in the corridor. Thank you. Please proceed.
Thank you, Madam President. Honoring G. Craig Schelter for serving 34 years in executive leadership positions both at the City Planning Commission and the Philadelphia Industrial Development Corporation and wishing him well on his new endeavors. Whereas, Craig Schelter served for 15 years at the Philadelphia City Planning Commission and as Executive Director from 1981 to 1983. He guided the Commission's efforts in Center City, Capital Budgeting, urban design, zoning, and waterfront planning; and Whereas, Mr. Schelter began his tenure at the Philadelphia Industrial Development Corporation, PIDC, and has served in various executive leadership capacities; and Whereas, as Executive Vice President he oversaw the management of the central waterfront and the development of the former PGH or Philadelphia General Hospital site into an award-winning medical research complex, the Philadelphia Health Care Center; and
Whereas, as Chief Executive Officer, Mr. Schelter focused on the planning of the Pennsylvania Convention Center, the development of Byberry West Industrial Park and Central Delaware Waterfront and the creation of a Venture Capital Fund; and Whereas, Mr. Schelter was also a motivating force behind the planning and development of the Pennsylvania Convention Center, the Avenue of the Arts, and the architects election process for the Regional Performing Arts Center; and Whereas, Mr. Schelter had the overall responsibility of PIDC's development team which included special projects, Office of Defense conversion, and the Urban Industry Initiative.
Whereas, in 2001 he serves as interim president of PIDC, then provided transition assistance to PIDC new president, Peter Longstreth; Whereas, Mr. Schelter has been a two-time recipient of HUD Urban Environmental Design Award and has received a Public Private Partnership Award from the Council for the urban economic development; and Whereas, Mr. Schelter holds a BA in art history from Williams College and master's in architecture from Harvard University, and has four children. Now, therefore, resolved by the Council of the City of Philadelphia that hereby honor G. Craig Schelter after serving 34 years in executive leadership positions at both the City Planning Commission, PIDC, and wishing him well on his new endeavors; and Further resolved that an engrossed copy of this resolution be presented to Craig Schelter as evidence of the deep respect and sincere admiration of this legislative body. Signed by Council President Verna and all Members of Council. (Applause.)
This is probably the happiest time I've ever been before this body. (Laughter.)
I am deeply, deeply honored by this resolution here d today. I can't this means to me. And as I look up and down the aisle, I work directly with so many of you that it would take a half hour to go into it, and I don't think you want to take that kind of time. I do want to just announce some people who are here with me today. Peter Longstreth, the new president of the PIDC; Phil Grant who has been counsel at PIDC and a counsel to me for the 19 years that I was there; Paul Deegan who is a regular over here with City Council, who's run special projects in our real estate; Martin McNamara who started the Urban Industrial Initiative that we focused on in Frankford and Kensington; and last but not least, Marie Slowey (ph) who was my administrative assistant for 11 years. I think I got a nice things said about me today. A lot of it goes to the staff that I've had at PIDC and City Planning Commission. And I've been particularly great blessed with great administrative assistants who kept me on time, and Marie was probably the best one in terms of doing that. I look back on -- going back I think I first started testifying in City Council in 1971. I think Councilman Cohen was here then and his probing they haven't ended yet. But through the Convention Center, through the waterfront development, through working with Councilwoman Blackwell extensively on West Philadelphia Health Center, Councilman DiCicco and the Penns Landing waterfront, it has been an incredible, incredible ride. And I thank you all for your probing questions and for your support over the years. I'm not going away. I have started a consulting business. I have 17 business cards to make sure you all have them. And again, I thank you very much.
Council President, I'm happy to announce that PIDC was my first client and I was just authorized by the president to say that.
The next order The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the Clerk. The 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 advised you that I have signed all of the bills that were passed by Council at its Session on May 30, 2002, except 010695A. And I am returning herewith as disapproved Bill No. 010695A that Council passed at its Session on May 30, 2002.
The messages will be printed in the Journal. The Clerk will please read any other communications in her possession.
Thank you. The next order 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 so as to permit 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 of the motion will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. We will now consider a special order of business, a resolution recalling, Bill No. 020183. And the Chair recognizes Councilman Nutter.
Thank you, Madam President. As a special order of business, I offer one resolution.
The Clerk will read the title of the resolution.
A resolution requesting the Mayor to return to Council Bill No. O20183 entitled, an ordinance approving a new plan estimated cost and proposed method of charges in the Manyunk Special Services District for and concerning business improvements, administrative services to the Manyunk Business District of the City of Philadelphia for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
Thank you, Madam Chair. I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor, let it be known by saying aye. (Aye.)
The is adopted. The Clerk will please read the letter from the Mayor.
To the President and Members of the Council of the City of Philadelphia, I am returning herewith as requested by your resolution adopted today, June 13, 2002, Bill No. 020183 entitled, an ordinance approving a new plan estimated cost and proposed method of charges of the Manyunk Special Services District for and concerning business improvements and administrative services to the Manyunk Business District of the City of Philadelphia for the purpose reconsideration by the Council of the vote by which said bill passed Council.
At this time, the Chair recognizes Councilman Nutter for a motion that the City Council reconsider the vote by which Bill No. 020183 was passed.
Madam President, I move that the Council reconsider the vote of Bill 020183.
Those in favor will indicate by saying aye. (Aye.)
The ayes have it. The Clerk will please read the title of Bill No. 020183.
An ordinance approving a new plan estimate cost and proposed method of charges of the Manyunk Special Services District for and concerning business improvements and administrative services to the Manyunk Business District of the City of Philadelphia.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the vote by which Bill No. 020183 was passed has been reconsidered. This bill will be placed on the Final Passage Calendar for our next Session of Council. The Chair recognizes Councilman Kenney.
The Clerk will please read the titles of the bills.
An ordinance amending Title 22 of the Philadelphia Code entitled, "Public Employees Retirement Code," by amending Section 22-401 relating to service-connected disability retirement benefits to increase the amount of the benefit for certain members and to provide for a cost of living allowance for certain members, all under certain terms and conditions.
This bill will AND RESOLUTIONS be referred the appropriate committee.
And an ordinance amending Chapter 18-200 of the Philadelphia Code entitled, "Airports," by adding provisions regulating how access to gates at the Philadelphia International Airport maybe allocated to air carriers regulating rates and other charges for air carriers using the airport.
The bill will be referred the appropriate committee.
And an ordinance amending Chapter 10-600 of the Philadelphia Code entitled, "Public Places Prohibited Conduct," by amending Section 10-611 entitled, "Sidewalk Behavior."
This bill will also be referred the appropriate committee. The Chair recognizes Councilwoman Blackwell. Councilwoman Blackwell, do you have any bills or resolutions?
Yes, Madam President. Today I introduce one resolution on my behalf and one on your behalf.
Thank you. The Clerk will please read the title of AND RESOLUTIONS the first resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 36th Ward of the City of Philadelphia.
Madam President, I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it. The resolution has been adopted. The Clerk will please read the title of the second resolution.
A resolution, the Committee on Finance is hereby discharged from further AND RESOLUTIONS consideration of Resolution No. 020835 entitled, a resolution approving the annual program statement and budget for the expenditure of the Neighborhood Transformation Initiative bond proceeds for Fiscal Year 2003, and the resolution shall be placed upon the Calendar for final action at Council's meeting on June 13, 2002. Any Rule of Council that may conflict herewith is hereby suspended.
Was the copy of that resolution distributed, Councilwoman?
Madam President, this just came out of our committee hearing and, no, it was not. We are now submitting copies as we sit. Copies are being distributed. Thank you, Madam President.
Thank you. May I have a copy please? And I think the attorneys would like to have a copy. (Pause.)
Councilwoman, we just received a copy it. Your motion was to adopt the resolution?
Madam President, I move for the adoption. AND RESOLUTIONS (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. We'll have a roll call vote, please.
Discussion on the resolution, Madam President. I know it was just handed out so everyone got it at the same time. I'm just trying to understand what this resolution is about and its various contents, as we did just receive it. This resolution is still in the Finance Committee. And I would certainly not characterize the Committee's actions in any way under the leadership of the Chair as -
Councilman, I'm sorry. We're have difficulty hearing you.
I'm sorry, Madam President. I'm trying to read and talk at the same time. That's virtually impossible for me. I certainly would not characterize under AND RESOLUTIONS the Chair of the Finance Committee's leadership that there's any undue delay in terms of trying to report this matter out. We were literally in the hearing, I think, just about an hour ago trying to resolve a particular issue that has been under some discussion for a long period of time. I'm just trying to understand the nature of this resolution and why the Finance Committee would not be able to complete its work. I think there's only one outstanding issue, which seems to be a financial one, regarding the NTI Program that at the moment doesn't have a financial problem. I mean, it actually has funding not only for the first year, but at least the second and possibly into the third. So I'd like to better understand the nature of the resolution and its components and the need for such a resolution at this time.
Are you addressing your question to the Finance Chairman?
I'm sorry, Madam President. I would just ask Councilwoman Blackwell if she could explain the nature of the resolution and what compels us to be at this point at this time? AND RESOLUTIONS
Thank you, Madam President. We have been dealing with CDBG and also NTI for sometime now. We allowed nearly a month to meet with all my colleagues as well as members at large to discuss everything pertinent to their districts and to our City. We have done everything we can to try to resolve this issue. And this discharge resolution is expressly allowed by Rule No. 4, Paragraph 12 of the Council Rules. Also, that rule also indicates that the vote of 5 members of Council will permit this to be considered. Therefore, we are referring this matter to the Committee of the Whole for said consideration. Madam President, I move for the adoption.
I still need to ask a question. Councilman, did you have a question?
I'm just trying to make sure I understood the tail end of Councilwoman Blackwell's statement. The matter is being referred AND RESOLUTIONS to the Committee of the Whole?
This matter is being considered by this Council pursuant to Rule No. 4, Paragraph 12 of our Council Rules which so permits it as long as five members concur. We do have that and so we are moving this issue.
Madam President, I'd like to propose an amendment to these amendments. There is an item, the proposed amendment in the package is numbered .
Are we proposing an amendment to a resolution that has not been discharged yet? Aren't we supposed to first discharge it from committee?
Could the Chairwoman of the Finance Committee, for those who are not AND RESOLUTIONS members of the Finance Committee, and most of us are not, I think we will be voting on something that we know very little about because the minutes of the meetings have not been put forward as to the discussions. I really, in all my years I never voted on a resolution like this ever in my life in this Council. And since I'm not a member of the committee, I am not aware of what it is that has been transpiring and going on and I'd like an explanation and I would like an opportunity to meet and discussion what the arguments have been on this issue that have prevented a resolution in committee. I would like to have the minutes of the hearings and read those and the opportunity to be able to do that. But those of us who, in essence, are not members of the Finance Committee will be voting really without any knowledge of what really is going on. So can the Chairwoman of the Committee give us a brief explanation. And I believe that it's really inopportune to vote on something in which you haven't had an opportunity to really -- if it's this controversial it behooves us all to be well informed before we vote.
Madam AND RESOLUTIONS President, we are very happy to respond. Let me say that we have introduced the discharge resolution to consider the program statement of the NTI resolution. This has been a subject of much discussion. We have contacted everybody on Council. I've personally called each Councilperson with regard to meeting concerning these issues. In terms of the whole process of the committee hearings, it is the nature of our body that some of us sit on some committees and some of us sit on others. Everyone who is not on any other committee has to trust his or her colleagues to report out a bill and to consider that they were not there for that. It is the nature of the business we do. We are perfectly in order. I think that the whole notion of NTI is nothing new. The whole issue of committee chairs reporting out bills is nothing new. None of us can know every issue that comes before every committee in this Council and every issue that has to be dealt with in this City. Therefore, again, we have introduced a resolution and we have a motion on the floor.
Thank you. The Chair recognizes Councilman Cohen. AND RESOLUTIONS
I'm really stunned that a chairman of a committee and of a major committee like the Finance Committee has to resort to an effort to circumvent considerations in the committee in which she is Chair in which she conducts the meetings very ably. " I object. I object strongly to that kind of tactic, and I'm deeply concerned that it comes from the Majority Leader of the City Council. It comes from a woman who is known to be the supporter of the homeless, or at least used to so talk, and now seems to be talking from a different vantage point. I've never heard of a situation in which a chairman of a committee openly expresses so little confidence in the membership of her committee as to try to take away from members of that committee their responsibility. This is obviously an effort based upon the theory that since I cannot AND RESOLUTIONS convince anybody of the rightness of my views, therefore, I'm going to buy a sledgehammer, force them to conform. I submit that this is the most absurd use of parliamentary proceed I've seen. And I'm just stunned that our Majority Leader whom we all have liked, whom we appreciate her manner, her courtesy, has felt it necessary to resort to this. I speak. I'm one of those on the Finance Committee. I've been asking for answer from that Committee and from the witnesses who appeared before it about what the blight program is all about. I happen to be the democratic leader of the 17th Ward in West Oak Lane. Whenever I go to a community meeting, they ask me, "What does the blight program mean to us? " And I tell them, I don't know, I'm trying to get an answer. They point out to me all the problem areas in the ward. And we're in pretty good shape, but everybody all throughout the City worries about creeping blight that may come and affect their neighborhoods. So people ask correctly about empty AND RESOLUTIONS apartment houses, about driveways and retaining walls that are falling apart, about all kinds of conditions, about a house torn down in the middle of a block of a beautiful street otherwise, worrying about the impact. They want to know, "Is the blight program going to help us? " And I've got to say in front of them, "I don't know. " That's what this is about. There are issues of blight to prevent blight as well as to correct blight. It's much cheaper, like in health, to prevent a condition than to try to cure it. And that's what we're trying to do and we're in the midst of doing it. But there have been no answers. This morning I raised at committee session, isn't it a fact that you have available to you $20 million? How can you spend more than $20 million while Council is in recess? We're going to be in recess for three months. There's any way you can spend the money you already have; why do you AND RESOLUTIONS need this money? I got no answers to that question either. I think maybe they said we've committed $3 million and now the balance is down at 17 million. I think it's absurd to try circumvent the normal parliamentary procedures, discussions by the committee, by a sledgehammer effort to force a vote out and to give the committee money that's not needed now. And I begin to wonder out loud and publicly, what's this money for? How many public relations contracts are going to be issued on the basis of the new money that we might make available if Councilwoman Blackwell's sledgehammer attack is successful. I begin to worry, what's the urgency of the money? Because like in the school situation, tight money gets spent but gets spent for the wrong thing. And it looks to me that we're headed the same way here. So I urge -- if we're forced to vote on this, my vote will be loud, clear, and I'll spending the summer all over the City raising the question, why was it necessary to spend this money? They had plenty of money. Why can't they answer questions on the blight program?
What kind of a patronage barrel is this going to be? And I want to urge my members AND RESOLUTIONS of the committee -- I would like to have a peaceful summer, but it doesn't look like it's going to be able to be peaceful if this Council acts in such an arbitrary unreasonable fashion with respect to taxpayer money. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, this particular issue has been deliberated over the last three to four weeks in the Finance Committee. It has been discussed for the last two years. Councilman Nutter just said that he thinks that a substantial amount of these issues have been resolved. I am a ward leader of 32nd ward. I've had a substantial number of meetings in my community and we have started a discussion about spending NTI money in my community. And as a member of Council who is not a member of the Finance Committee, I would like to have an opportunity to vote on this particular resolution. Thank you.
Madam President, as ward leader of the 46th Ward -- thank AND RESOLUTIONS you Lucien Blackwell who had it for 30 years and passed it down the other night -- likewise, we've heard many, many concerns. I say to my colleague, Madam President, that this is not an arbitrary act. This is a deliberate act to move my homeless and housing agenda and that of our entire Body forward. We did everything, as my staff just reminded me, but beg people to come to meetings to talk about specific concerns so we could deal with this agenda. NTI is very, very important for me because it gives us the opportunity to improve life not only for homeless people, but for John and Jane Doe in neighborhoods. This is about neighborhood improvement and neighborhood corridor improvement. And that is why I am so adamant and have decided it means enough to take this vote. Again, Madam President, we move for the adoption of the resolution.
Thank you. There are several Councilmembers that want to be recognized. Councilman Ortiz, do you still want to be recognized?
Yes. What are the AND RESOLUTIONS issues of dispute? Can Mr. Nutter or Councilwoman Blackwell state what the issues in dispute that are now being -- if a lot of issues have been resolved, what are the issues still left hanging that are in dispute that need to be resolved?
Madam President, I'm glad to respond. One of the issues is doing a study for retaining walls which Councilman Nutter has mentioned on many occasions, we're all aware of that; driveways, Councilwoman Krajewski has mentioned that many, many times over the years; and curbs and sidewalks that I myself and the majority of the other Councilmembers have asked about. We need a detailed study to consider how we're going to do that and what funds are needed to adequately deal with those issues. We also want to put in $2 million for target of Basic Systems Repair Program that Councilwoman Tasco brought up when she talked about Logan and other issues in her district. It is our goal and has always and always will be our goal to serve the majority of the Members of City Council. We are trying our best to come up with a housing and a neighborhood development strategy that AND RESOLUTIONS will move our City forward. And so the issue again to my colleague Councilman Ortiz is the issue of retaining walls, driveways and curbs and sidewalks. Those are the issues that haven't been resolved because we don't have a detailed study yet which we are asking by resolution that we get to resolve these issues.
Thank you, Madam President. Councilman Ortiz, let me try succinctly to narrow this issue down. Councilwoman Blackwell, Chair of the Finance Committee, is absolutely correct that there have been a number of items under discussion. Councilman Clarke is correct that a number of items have been resolved. There is one item of dispute. And I will separate out those items. There is a retaining wall issue, and that is the amendment that I would propose at the appropriate time. The issue of curbs, sidewalks, and driveways, those three items are separate and apart from retaining walls. I have had numerous AND RESOLUTIONS conversations with the Administration about that issue. Yes, I have pushed them. Yes, we have had good meetings. But the only item in dispute at this moment and the only item that I've asked for money for to be detailed in the budget like all other items detailed in the budget is with regard to retaining walls. There is no need for any additional study of that particular issue. The Streets Department did that two years ago. They have all the information. They know where the walls. The only item at dispute on that particular issue is the cost savings that we may gain as result of the use of new technology and they knew the technology is. There are 90 walls throughout the City of Philadelphia that the Streets Department have itemized in need of repair. Seventy-two of those walls are located in three Council districts: Councilwoman Tasco, Councilwoman Miller, and myself; 36 of the 72 walls are in Councilwoman Miller's district; 24 are in mine; and 12, I believe, are in Councilwoman Tasco's district. That is the issue. We have other pilot programs that are part of NTI. This is a discussion about $2 million to legitimately be able to say that, Yes, we are AND RESOLUTIONS going to try to do something with this issue. I have not asked the administration to spend all that money. And that number comes off of an estimate from the Streets Department which recommended two years ago in a public hearing that $3 million be put up. I suggested that we look at 2. If we don't spend all the money, it will roll over into the next year. As I mentioned before, there are other pilot programs as a part of NTI. There are other proposals that are part of NTI that are not all worked and not all detailed out as anyone would like, but we will go forward on them. So there is only one issue. It's about $2 million. We have a proposed $67 million first year budget. We have $143 million that was borrowed in the first borrowing. There is money available to do this. And that's what this discussion is all about. It's about $2 million to be put in a budget item not necessarily all of it to be spent but to at least legitimately say to people that we are looking at the issues. So it's not just about doing a study; it's about getting work done.
The chair AND RESOLUTIONS recognizes Councilwoman Tasco.
Thank you, Madam President. As a member of that committee, we discussed the issue as Councilman Nutter pointed out just now, and I won't go through that again. But those of us who live in districts where we don't need a lot of demolition, our communities constantly ask us about retaining walls, sidewalks, driveways; particularly, driveways and retaining walls. And we've tried to have a discussion in the Finance Committee to get the Mayor and the Administration to do something about it. And $2 million, as David said, it's in a $295 million bond issue is absolutely nothing. To move this, use this method -- because when we left the Finance Committee, we recessed. There was not even a call for a vote. We recessed. So the discussion was still open. To use this method to move it out of committee is an effort to subvert any attempt to provide any of the dollars that we're requesting for our community. We're sitting here fighting for what we think and know what our constituents want. They ask us for this every time we go to a committee meeting. We first trees. We resolved the issue of trimming trees. AND RESOLUTIONS Now they want something done about these retaining walls. They want something done about these driveways. Whether we pay for it, whether we set up a process do it or not, we've had ongoing discussions with the Administration long before the Mayor became Mayor. He was the President of City Council and we sat down and talked about this. But to use this way, this strategy to move the discussion from the Finance Committee meant that it was the intent of the Administration to use the strategy, therefore, there was no honest discussion with the committee to come up with any resolution for this issue; we're not going to talk about it, we're not going to give you money, we just got five votes and we'll take it out of the committee. And that's the way it works. So I caution my Councilmembers, be very careful what you ask for because you may get it and it will come back to bite you.
Thank you. The Chair recognizes Councilman Kenney.
Thank you, Madam President. You know, the process of NTI that I've experienced is reminiscent of mushroom farming. AND RESOLUTIONS Basically, how you grow mushrooms is you keep them in the dark and you spread a lot of manure around and that's how it works. In some ways, this whole process has been that. You know, I voted against this bill when it first came out. I think at that time and I believe still that we abdicated most, if not all, of our ability and responsibility as legislators and elected officials in this City. We abdicated that responsibility to the Mayor. I disagreed with that and I voted no. And now we're beginning the process of abdicating even further our responsibility and ability to discuss these issues. And you know, there probably was a time in this Council, and I guess when I first got here and maybe then when a Councilmember's concern in a district, two or three Councilmembers, their issues would be considered. The legislation wouldn't fly through here until those concerns were addressed. But I assume and I see the times have, in fact, changed. I will be in many ways happy when this resolution passes because it will validate for me the reason why I'm opposed to this legislation, why I'm opposed to this process because we in many ways AND RESOLUTIONS are allowing this process to be used to control this Council. And how it's controlled is because if you don't have the ability to stop things when it's necessary, your projects in your district will be used to hold you up not on NTI, but on other issues. So unless your lock step with the Administration on all the issue that they're concerned about, you will see your projects slow down. You will see them perhaps not even get in the pipeline. You will see things all of sudden get awful slow and listless until you get your act together and get in line and do what you're told. Now, this process that we're entering into today that we're going to probably vote on is further diluting this Council Body's ability to do its job. Now, if the majority of the Members of Council want to do that, I've seen it before. I've seen votes go 17 nothing, come back here, get vetoed, and come back the other way. So nothing surprises me any longer. But Councilman Cohen's concerns are legitimate and these are issues that only time will tell. The issues of consulting contracts, of politically connected contracts, of the use of this money. And all you have to do is AND RESOLUTIONS follow the next Mayoral election and follow the trail of campaign contributions. And I'll tell you, you'll be able to connect the dots as clear as day when it comes to this program and the use of this program to manipulate not only this Council, but the entire political process. I voted no before. I'm going to vote on this one. I will continue to vote no until this Council decides it wants to do what it was elected to do, and that's its job. And I believe that unless we do that, you might as well abolish all the committees and just have a vote every time the Mayor wants to see something done. So I'll be voting no. I'm happy the resolution's been put forward because it validates my suspicion and my gut belief that this entire project is a sham. Thank you.
Thank you. The Chair recognizes Councilman DiCicco.
Thank you, Madam Chair. As a member of the Finance Committee who was here this morning, I too was under the impression that we were recessing. My concern is AND RESOLUTIONS not so much for the retaining walls and driveways as it relates to my district because there aren't that many neighborhoods that that is an issue in so I don't want to debate that issue now. My concern is for the process. And anyone who knows me knows that I believe in a process, whether it's at a community level or in this Council. My understanding is that committees are a part of what City Council, the Body of City Council is made up of. Individuals are appointed to those various committees and they're discharged with the authority to conduct public hearings, ask questions as other members of Council who are not members of that Committee can come to those hearings and get testimony from the public. And that is the process, that the committee will then report to the Body whether they approved the bill out or not. And my concern is that we begin to -- and I think Councilman Kenney said it as well as Councilwoman Tasco -- begin to circumvent that process, what is the need for a committee or any committee? I mean, I remember and I can look at this calendar today, there are some bills that have been reported out and are waiting for final passage AND RESOLUTIONS that have been sitting on this calendar for the better part of three years. Why? Because we can't get a consensus of Council and we don't have enough votes to move those bills through. And in some cases it's because some Councilmembers are still not clear as to what it is that he or she needs to do to represent their constituents to the fullest. So it's not unusual that we hold things. Yes, NTI is an important bill. Yes, it is probably one of the largest financial undertakings in the City's history. We didn't get to the blight that we have in our City overnight. It took us a very long time to get here. And while I don't suggest that it takes us that long to begin to correct the problems, I don't think in the scheme of things that the time we have contemplated and discussed this issue that another couple weeks or a couple months, if it takes that when we come back in September, is really going to harm anyone or this project in any way, shape, or form. We need to be very, very clear as to what the issues relating to NTI are all about. I was going to ask a question this morning. But, again,I thought we were recessing. So I would ask the Majority Leader, who I have a lot AND RESOLUTIONS of respect for who, you know, Majority Leader, last June around the same time, you asked me to hold a bill Bill 629 because you needed more time to go out and meet with your folks in your community, and I did it. And you stayed with me on the bill, and I appreciate that, but it did give Councilman Cohen and opportunity to make my summer very unpleasant and ultimately the bill -- all I'm suggesting is that if we recess this morning, maybe we can hash this out by the end of the day. I don't know. Maybe we can't. But I would ask respectfully that you withdraw this resolution to discharge this committee. Thank you, Madam Chair.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I would like to say three things. And I do certainly thank my colleague and respect him for his question. But I've been around here a very, very long time. I was here and the administrative assistant for former Congressman Blackwell who was then Councilman Blackwell in January 1976. And in all those years and after AND RESOLUTIONS succeeding him -- those were the Rizzo years. He took pride and I take pride in my independence. So I say to any colleague who has any question about where I stand and with whom, my reputation speaks for itself. I stand up for what I believe and irrespective of who's on any other side and my reputation for these 30 years speaks to that. Number 2, the other thing I'd like to say is for colleagues who say that the debate is just about retaining walls, it is not true. The issue is not only retaining walls, it is driveways, curbs and sidewalks. So it is not just one issue. And that is part of the reason we're having this conflict today. And number 3, to my colleague who mentions specific numbers and a Streets Department study, as Chair of the Committee, I've never been privy to such information nor have I seen it. Perhaps maybe we would have been further along in the discussion if that information and those documents had been shared. So I say to my colleagues, we are trying to do our best to appeal to the interests of each and every Councilperson. It is always our goal and AND RESOLUTIONS should be as Chair of a committee to represent all of you and to represent all my colleague's interests. We are trying to do our part to move our City forward. And, again, Madam President, I move for the adoption.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam Chair. I support what Councilwoman Blackwell says. And I would like to say as a Councilmember that also has retaining walls and driveways in a district, when I go to the Yorktown Community Association next month, I'm going to have to talk about retaining walls; and when I go to Peoples Village, I'm going have to talk about those sinking driveways. So I am concerned about those issues, but what I'm simply asking for us to move the process forward. I believe the Chair has given a commitment to the Finance Committee to work this issue through. I understand that the Chair has offered some assistance to some degree. It's simply a matter of the number. And I don't think the entire NTI process should be held up over what number we AND RESOLUTIONS ultimately end up. I'm just asking to move this thing ahead and let's resolve this issue. This is a very important project, not only for my district, but for the entire City of Philadelphia. So I'm ask that the Members consider that and simply move this project along. That's all we're asking for.
Thank you. The Chair recognizes Councilman Nutter.
Thank you, Madam Chair. I'll be brief. Let me just mention a couple items. One, the information that Councilwoman Blackwell made reference to, that information was developed by the City Administration. It was not developed by myself. It was testified to in a public hearing back in 2000 by representatives of the Managing Director's Office who at that time actually recommended that this issue be dealt with by -- at the time, the program was actually still referred to as the Blight Elimination Program. The Mayor signed a bill in 2001 establishing a financing mechanism for the retaining wall issue. There was a hearing on that particular pill, and the Mayor signed that bill in 2001. Councilwoman Blackwell may be correct AND RESOLUTIONS that from her perspective the issue is larger and broader than retaining walls. As I indicated earlier, we have had many discussions about a number of items. But for me, the issue today is about the repair of retaining walls, it is about putting money forward to try to deal with this problem, not in comprehensive fashion, but I support the Administration suggestion that we have a pilot program, that we get a better handle on it. But the only way that I know that you are going to seriously address a problem is not only making a commitment to look at it, but also making a commitment to fund it. You cannot solve these problems in a vacuum. You cannot solve these problems with your best intentions. They do not go away. So amongst the many meetings that we had, amongst the many discussions, we would not be in this position if a legitimate proposal had been put forward by the Administration on any one of the days of the public hearings. I would have supported that. They know what the numbers is. And we would not find ourselves in this particular situation. For the record, I would like the NTI Program to work. I want the resources to come out AND RESOLUTIONS to the neighborhoods in the ways that they need to be used in various communities, but someone will have to answer the question -- and if any of my colleagues would like to come out and talk to the people in the 5200 block of Berks and Euclid who have been seeking relief from the City since 1975, you can have that discussion. Or more recently, we can talk with the residents of the 1100 block of North 65th Street over in the 34th Ward. The Berks Euclid walls in the 52nd Ward, we could talk to those residents who just recently were all cited by the City and were compelled to appear at the Board of L&I Review just two days ago. And these issues go on all over the City. I've never asked the Administration, this one or the previous one, to completely solve this problem; that would be unreasonable, and I'm not an unreasonable person. But I am, as Councilwoman Blackwell indicated, I don't have anywhere near her standing in the community or reputation and I certainly would make no comparison. But she did say one thing that I think I can also say which is I will stand up for my constituents to the best of my ability. I will fight for their issues. This has been a AND RESOLUTIONS longstanding problem over a number of years. No legitimate solution has been put forward. And if there had been that offer in the course of the committee hearing process, up to and including this morning, I would have supported that. The Councilwoman knows what the discussion was. It was not forthcoming. I do not understand why we're having this kind of debate over a million or two dollars in a $300 million program just to get a pilot off the ground. I think that that is unreasonable. Thank you, Madam Chair.
You're welcome. The Chair recognizes Councilman Cohen.
Thank you, Madam President. I've had a very, very longstanding relationship with Councilman Blackwell and Councilwoman Blackwell. They've always fought for people in the neighborhoods. They've always fought or the rights of City Council as a legislative body to debate issues. I am absolutely stunned at the thought that this resolution was introduced by our AND RESOLUTIONS Majority Leader who also is the Chair of the Committee against which she has said, You had enough time to talk about it, you're not ready to vote the way I want you to vote, I'm going to compel the vote by the higher body of the full Council. I just think that is the worse form of parliamentary activity that anyone can engage in. It makes nothing out of every committee. It warns every committee that the Chair is powerful enough so that if the time limit she sets is not met, she's going to adopt some other method to achieve the results she wants. That is the wrong way to go. It is wrong. It is wrong for the Mayor of the City of Philadelphia to try to be both Mayor and Council President at the same time. It is wrong for him to try to control the actions of this body. He ought to cooperate with us. We've always been ready to cooperate with the Mayor, but that means respect for each other. And it means that Councilmembers have to have great pride in their work. We're elected -and I say this of the Council-at-Large members, I believe that every Councilmember-at-Large elected at least by the majority party, the Democratic Party, received more votes in the last election than the AND RESOLUTIONS Mayor of the City of Philadelphia. I examine the returns and that was true. We hold the confidence of the people of Philadelphia. They want us to be able to debate issues. They want two separate bodies. They want a president and a City Council, and I join in the suggestion, I think it was by Councilman DiCicco, that the Chair of the Finance Committee and the Majority Leader ought to withdraw no resolution and find some other method to convince City Council to move forward. We all want to move forward. There's a dispute about a million dollars at the moment. I would put it not a dispute of $1 million in a $300 million budget item. Actually, the City of Philadelphia each year controls and influences the expenditure of $7 billion. And I submit that one million out of $7 billion is such a small item that it's infinitesimal. I expect we couldn't even talk in terms of percentages. So I plead with the Majority Leader, think of the traditions of City Council. Don't try to destroy it as a deliberative body. We have the right to be as deliberative as the United States Senate. We have a right to represent our members. And permit us as a body of 17 to come to a decision AND RESOLUTIONS through the proper procedures, through the committee process which has always existed in City Council. Once more, I say to the Majority Leader, withdraw your motion. It will hurt City Council in every way from this time on because this introduces a new element in which any committee chairman can move outside of the committee ranks, try to obtain support from the Mayor, from other Councilmembers to obtain nine votes on the floor and then the Committee Chair says, "I don't care about anything else. I'm going to force a vote." It's the wrong direction to go. It does great harm to every democratic principle we know of. And I implore all my members here to show their courage, to show their dedication to democratic principles if this resolution is put to a vote by voting no. Thank you, Madam President.
Thank you. The Chair recognizes Councilman DiCicco.
I want to state one more time to the Chair of the Finance Committee, again, I was under the impression that when we recessed the morning that the process -- when you AND RESOLUTIONS recess means that you will reconvene that committee. I was under the impression that sometime today that committee would be reconvened. I would respectfully request one more time that you withdraw this resolution to discharge the committee. Let's go back into the session to the public hearing on the Finance Committee immediately after this City Council adjourns. Thank you, Madam Chair.
Thank you. The Chair recognizes Councilman Ortiz.
Thank you, Madam Chair. I think you have 2, 3 million dollar problem and that problem has the potential to really fracture City Council process and the way that City Council does business and historically done business. I remember during the Rendell years, we had a pension bill that was authored by the Chairwoman of the Finance Committee. If we had allowed this process to run through the same way at that time, I do not believe that the Council pension bill that the Council wanted at that time would have been approved and finally signed by Mayor Rendell. AND RESOLUTIONS I think for a question of $3 million, the process of City Council should not be fractured in such a way that would really hurt the processes and the work that we do in the next year and a half that we have in this term. I believe that this is a wrong resolution. The issue have really not been thoroughly explained to this Council. We have an issue of $3 million, and the issue should be resolved in committee and not resolved in the manner in which is being attempted to be done at the present time. So I ask my friend and colleague Jannie to withdraw this motion.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. The Clerk will please call the roll.
No. The ayes are 10; the nays are 7. The resolution passes, and it will be placed on the Second Reading Calendar for today.
Madam President, I move to amend Resolution 020285.
It's not on the Calendar, Councilwoman. If you would wait for the Second Reading, we will be considering that on the Second Reading Calendar.
Thank you. Councilman Cohen, do you have any bills AND RESOLUTIONS or resolutions, sir.
Councilman, you indicated in Caucus you may have had one resolution.
Okay, you don't have it. Thank you. Councilwoman Krajewski, do you have any bills or resolutions.
Thank you. The Clerk will please read the title of the first bill.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 258.
The bill will be referred the appropriate committee.
And an ordinance authorizing revision of lines and grades on a portion City Plan No. 312. AND RESOLUTIONS
The bill will be referred the appropriate committee.
And A resolution honoring Coach Larry Brown on his introduction into the Nasmyth Memorial Basketball Hall of Fame.
Move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it. The motion carries. The Clerk will please read the second resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City AND RESOLUTIONS deeds located in the 65th Ward of the City of Philadelphia.
Move for adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it. And the resolution has been adopted. The Chair recognizes Councilman Mariano.
The Clerk will please read the title of the first resolution.
A resolution declaring July 2, 2002, as Union Summer Day in Philadelphia. AND RESOLUTIONS
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Clerk will please read the title of the second resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 7th, 18th, 19th, 23rd and 33rd Wards of the City of Philadelphia.
Move for the adoption. (Duly seconded.) AND RESOLUTIONS
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the motion carries. The Clerk will please read the title of the third resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 23rd Ward of the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. AND RESOLUTIONS All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I offer two resolutions.
The Clerk will read the title of the first resolution.
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 Ontario Urban Renewal Area.
I move for the AND RESOLUTIONS adoption of the resolution.
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the motion carries. The Clerk will please read the title of the second resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 11th, 12th, and 59th Wards of the City of Philadelphia.
I move for the AND RESOLUTIONS adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Nutter.
Thank you. The Clerk will please read the title of the first resolution.
A resolution also naming that part of Parkside Avenue from Belmont Avenue to Wynnefield Avenue as Kersley Avenue.
Thank you, Madam AND RESOLUTIONS President. I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it. The motion carries. The Clerk will please the title of the second resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 38th Ward of the City of Philadelphia.
Thank you, Madam President. I move the adoption of the resolution. (Duly seconded.)
It has been AND RESOLUTIONS moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it. The motion carries. The Chair recognizes Councilwoman Brown.
Thank you. The Clerk will please read the resolution.
A resolution honoring and commending the Bright Light Program for their achievements in literacy, cultural and education awareness with young children in Philadelphia.
Thank you, Madam President. I move for adoption of the resolution. (Duly seconded.)
It has been AND RESOLUTIONS moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Ortiz.
Thank you. The Chair recognizes Councilman DiCicco.
Thank you, Madam Chair. I offer one resolution and seven bills. The one bill that pertains to the blockage of intersections has been co-sponsored by my colleague Councilman Rizzo.
Thank you. The Clerk will please read the title of AND RESOLUTIONS the first bill.
An ordinance establishing a Neighborhood Improvement District in an area that generally includes both sides of East Passyunk Avenue from the south side of Federal Street to the east side of South Broad Street.
The bill will be referred the appropriate committee.
And an ordinance amending Chapter 12-400 of the Philadelphia Code entitled, "Right-of-Way, Regulations and Penalties," by increasing the penalty for violations of Section 12-407.
The bill will be referred the appropriate committee.
And an ordinance amending Chapter 19-2600 of the Philadelphia Code entitled, "Business Privilege Taxes," by amending the definition of net income with respect to determining what portion of net income is properly attributable to the doing of business in Philadelphia.
This bill will be referred the appropriate committee.
And an ordinance amending AND RESOLUTIONS Title 12 of the Philadelphia Code entitled, "Traffic Code," by adding provisions governing the disposition of vehicles impounded under the Live Stop Program authorized by Pennsylvania Vehicle Code 75 Pennsylvania and in particular authorizing the auction of such vehicles that remain unredeemed after provisions of notice to owners.
The bill will be referred the appropriate committee.
And an ordinance granting permission to Alfredo Aquella, owner of the property 426-28 West Girard Avenue to operate and maintain and open air sidewalk cafe.
This bill will be referred the appropriate committee.
And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 271 by striking from the City Plan and vacating Hancock Street from Pollock Street to Germantown Avenue.
The bill will be referred the appropriate committee.
And an ordinance amending Chapter 10-1200 of the Philadelphia Code entitled " AND RESOLUTIONS "Posting of Temporary Signs," by deleting provisions of that chapter that authorize the posting of temporary signs.
This bill will be referred the appropriate committee. The Clerk will please read the title of the resolution.
A resolution initiating action to establish a Neighborhood Improvement District in an area that generally include both sides of East Passyunk Avenue from the south side of Federal Street to east side of South Broad Street.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It had been moved and properly seconded that the resolution be adopted. All in favor will indicate by say aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have four resolutions and one bill.
Thank you. The Clerk will please read the tile of the of the bill.
An ordinance enacting a new Chapter 19-3400 of the Philadelphia Code authorizing the Board of Revision of Taxes to grant tax deferrals to long-time owner/occupanty of certain properties in the City of Philadelphia.
The bill will be referred the appropriate committee.
And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the AND RESOLUTIONS urban renewal of a portion of the Model Cities Urban Renewal Area.
Move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and motion carries. The Clerk will please read the title of the second resolution.
A resolution approving the redevelopment contract of the Redevelopment Authority of City of Philadelphia for the redevelopment and urban renewal of the Southwest Temple Renewal Area. AND RESOLUTIONS
Move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
Those opposed? The ayes have is it, and the motion carries. The Clerk will please read the title of the third resolution.
A resolution also naming the 1600 block of North 12th Street as Bill Gray Way in honor of William H. Gray, III.
Move for the adoption of the resolution. (Duly seconded.)
It has been AND RESOLUTIONS moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the motion carries. The Clerk will please read the final resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 16th, 28th, and 29th Wards of City of Philadelphia.
Move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. favor will indicate by saying aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Longstreth.
Thank you, sir. The Chair recognizes Councilman Rizzo.
The Chair thanks the gentleman. The next order of business is reports from committees. The Chair recognizes Councilman Ortiz for a report from the Committee on Public Safety.
Madam Chair, on behalf of the Committee on Public Safety and Health Services, I file a joint report, one resolution with a favorable recommendation.
The Clerk will please read the reports. Was a copy of that distributed to all Members of Council, Councilman Ortiz.
To the President and Members of the Council of the City of Philadelphia, the Joint Committee on Public Health and Human Service and on public safety to which was referred Resolution No. 010598 entitled, a resolution authorizing City Council's Committees on Public Health and Human Services and on Public Safety to hold a joint committee hearing to continue monitoring and investigating the quality level of medical and mental health care services that is provided or made assessable to prison inmates under the care of the Philadelphia Prison Systems, and further authorizing the committee to issue subpoenas and such other process as may be appropriate to compel the attendance of witnesses and the production of documents and furtherance of the investigation to the full extent authorized by 2-401 of the Home Rule Charter, respectfully reports it has considered the same and returns the attached resolution to Council with a favorable resolution.
Thank you. Resolution No. 010598 will be placed at the end of the today's Calendar. That concludes the committee reports. Council will now proceed under a special order of business for the reconsideration of Bill No. 010695. This bill was passed by Council at its May 30, 2002 session and was returned disapproved by the Mayor today at today's session. The Mayor's veto message has already been read into the record by the Chief Clerk. The Chair at this time recognizes Councilman Nutter.
Thank you, Madam President. I move that Council reconsider Bill No. 010695A which was approved by Council on May 30, 2002.
All in favor, let will it be known by saying aye. (Aye.)
Madam President, would you explain the position of the votes, what "aye" means and what "nay" means?
Sure. This is just a vote on whether we should reconsider. There will be a later roll call. The Mayor sent a letter up asking that it would be reconsidered. This is the Mayor's veto, so it's just to reconsider.
No, I assume that Councilman Nutter is asking that reconsidered, not the Administration.
But the Administration sent a letter up to the effect that -
I asked you to explain to Council what an aye vote meant and what a nay vote would mean, Madam President.
We have two separate motions. One is to reconsider. The second vote would be to override.
Not clear. Madam President, that is not clear at all. Would you explain that again, please? The Mayor disapproved a bill, and Councilman Nutter is asking that it be reconsidered. Therefore, if we would vote aye, we would be supporting Councilman Nutter. If we vote nay, we would be supporting the disapproval. So aye is a vote for Nutter on the educational residential district, and nay is to support the Mayor's position. Unless I am -
Madam President, I thought the first vote was just to allow for the reconsideration which would then lead to an actual vote on whether the veto should overridden or not. There are two votes.
So aye would be voting to reconsider voting on this?
Point of information, Madam President. Does the Clerk have the information as to what the vote total was on the original passage of the bill? Does staff know?
We will then start the roll call for the reconsideration. The Clerk will please call the roll.
Madam President, if I am clear, then a no vote means we do not want to reconsider this vote which means it would still be disapproved, am I correct?
Exactly. If she votes no, she is voting no to reconsider.
If the reconsideration vote fails, then you don't get to vote on the actual override of the veto. You have to empower yourself to vote. You have to vote to some allow yourself to vote.
Councilwoman, if your vote is not, you're voting no to reconsider.
If your vote is no, it would be a vote no to reconsider.
Then I have to aye so that we can vote on the bill again. So my vote is aye.
Aye. The ayes are 17, the nays are 0. The motion carries. Council will now reconsider the vote by which Bill No. 010695 was passed -- I'm sorry. I'm ahead of myself. This bill having been read on two different days, it was duly approved by Council on May 30, 2000, returned to City Council by the Mayor as disapproved at today's Session of Council. The question is shall Bill No. 010695 pass notwithstanding the Mayor's disapproval. I will say please note that an aye is a vote to override the Mayor's veto. A no vote is to sustain the Mayor's veto. Any questions?
Madam President, I assume a no vote means you're against the bill; am I correct?
I will repeat. Aye is to override the Mayor's veto. A vote of no is a vote to sustain the Mayor's veto.
Thank you, Madam President. I'm sorry, Madam President. Is this the appropriate moment for comments? Has the title been read and we've gone through all that?
Madam President, again, I will do my best to be brief. I need to appeal to my colleagues who voted in favor of this bill initially. The residents of Wynnefield, Overbrook and Manyunk primarily have had difficult times over the past few years, and we are actively working with colleges and institutions that are located in the 4th District. The intention was to only try to deal with issues in the 4th District. And I need to appeal to my colleagues sense of fairness and concern about citizens throughout this City, that those residents not be left in a completely unprotected position over the course of summer as they try to enjoy a quality of life in their neighborhoods. I support those colleges and institutions. I enjoyed having the students in our neighborhoods. And I am working with specifically St. Joe's University on a proposed development project which ultimately will help to resolve a number of issues in those respective neighborhoods. But in the meantime, the residents of those communities have had many, many meetings. They have suffered on many days and many nights. And I need to ask my colleagues for their support in this particular matter. There have been issues raised -and as I've always tried to do with my colleagues, and I certainly make that commitment here today, if issues have been raised here, quite honestly, at virtually the 11th hour about some interpretation issues, I commit to all of you to work on this matter going forward to resolve any of those issues. But I cannot leave the residents of Wynnefield and Overbrook and Manyunk and many other parts of the 4th District in a situation where they will have no relief over the course of the summer going into the fall. And I ask for your support on this particular bill that is of great interest to many residents in the 4th District. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you, Madam President. Madam President, I'd like to sponsor of the bill, if I could ask, to clarify the letter dated June 12th in reference to vicarious liability. The Administration apparently has a concern that other college students going in that area could be affected. So could he clarify that point, please?
Councilman, I appreciate the request. I received this message this morning similar to yourself. And to be honest with you, I have not actually, since we've been engaged in a number of matters, been able to fully read the response from the Mayor. I've had no conversation with him about this particular issue. Nor were any of these issues raised at the public hearing in the committee. Again, the primary purpose of this bill is to deal with issues that are strictly within the bounds of the 4th Councilmatic District affecting colleges and universities that are located in the 4th District. That was the of the amendments that were made a couple weeks ago. It is very difficult to comment on many of the items that the Mayor has raised because there's been no discussion about it. And I am reluctant to say that there may in fact be some factual errors in some parts of the message. There would be a responsibility on the colleges and universities located in the 4th District. I've had numerous discussions with those colleges and universities about that particular issue. We are working in concert to resolve many of the issues that are affecting residents of the 4th District, and I understand their concern and they understand my concern. And we're going to continue to work in a spirit of cooperation out in the 4th District.
Thank you, Madam President. I voted against this bill and certainly ask my colleagues to consider that. Notwithstanding the fact that I graduated from St. Joseph's University nearly 30 years ago. That's I received my master's degree when I was teaching. I'm happy to work with my colleague in that regard with working with them. And I understand every district Councilperson's responsibility to help people in their neighborhoods and in the neighborhoods of universities. But making universities responsible for students from 18 to 22, whether they get a traffic ticket or whether they're acting act, would cause the universities to create a whole level of bureaucracy to deal with crime when they could be spending that money on neighborhood improvement projects and on programs in schools as they do in my district and in many other ways, job training, schools, and numerous other programs. For these reasons, certainly I ask my colleagues to consider the dangerous precedent that it would set to make universities responsible for students 18 to 22-year-olds. Thank you.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, there is an outstanding issue with respect to this particular bill. As Councilman Nutter has indicated, this issue was at 11th hour. But I just wanted to say that I'm very concerned about any universities in my district who may happen to have a student in Councilman Nutter's district and create a problem for the residents. I want to ensure that Temple University, as an example, is not responsible for that individual who finds himself visiting a friend at St. Joseph's University. The Councilman is indicating a willingness to address that. And it probably will be in amendment form. Councilman. I'm giving the councilman a wink, for the record.
Councilman Nutter, I think you ought to address that for the record.
Essentially, it's the conversation that we had with respect to students from, say, Temple University as an example who may be culpably for some actions out in the St. Joseph University area. As I indicated earlier, it was my concern that Temple can somehow be held for that. You have indicated that you are willing to deal with that. And I just wanted to say for the record -- not that I don't believe you, because I do. But I just wanted to say for the record we would like -- if in fact it's found out that the language associated in this particular bill will make Temple University culpable that we will address that language in the near future.
Absolutely, Councilman. The only interest here, and certainly my only interest is in dealing with issues that are within the 4th District and the colleges and universities located in the 4th District with whom I have a good working relationship. And that is certainly my commitment to you and all of Council. And I appreciate your asking the question.
At this time, the Chair recognizes Councilwoman Miller.
Thank you, Madam President. I am one to talk to Councilman Nutter regarding some of the issues in this bill that may raise the issue of fundamental unfairness. And he and I have agreed to talk because I am working on same type of issues in one of the college areas in my district. And in the future, we may have to put together some type of legislation. But the Councilman has agreed, and I'm glad to hear that he stated it publicly, that he will continue to work on the areas, particularly those around the issue of vicarious liability. So I wanted to make that statement. I know that residents are having a real hard time having peace and tranquility and quietness in their neighborhoods when they live right close by a university or college. And I understand that the young people are children, but at some point they must take more responsibility for their own behavior, the children and their parents more so than the -- and the universities, I think we're still trying to work together. The City, the Police Department, the University has been very cooperative. We've been working with neighbors. And if we get to the point where we need to introduce legislation, we will do that and create some type of boundaries in terms of housing, student residential housing district in the 8th Councilmatic District. Thank you.
Thank you. Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. For the record I should say I passed out information last week from the University of Pennsylvania. I also have Drexel University. I also have University Sciences of Philadelphia. And I have branches for Penn State, Lincoln University Cheney University, and Community College. Thank you. So I have a lot of experience in this issue and certainly still feel that it is a dangerous precedent to pass legislation making universities responsible for a kid who gets a ticket or otherwise has a legal problem. I really believe that we need to donate no money in positive ways to the positive programs for these young people and for people who live in neighborhoods. Thank you again, Madam President.
Thank you. Any other statements from the Members of Council? Seeing none, I would ask the Clerk to please call the roll.
Okay. I would like to remind everyone that an aye vote is to override the Mayor's veto. A no vote is to sustain the Mayor's veto.
Aye. The vote is 12-5, a two-thirds majority of all Members of Council having voted in the affirmative, the Mayor's veto is sustained -(Inaudible response.)
I'm sorry. It's getting a little busy up here. Again, I will say two-thirds Members of Council having voted in the affirmative, the Mayor's veto overridden. Thank you. Does that make it clear enough for the record? READING, FINAL PASSAGE There are no bills on the First Reading Calendar today. The Chair now recognizes Councilwoman Blackwell for the purpose of calling bills on Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Today Bill Nos. 020309; 020253; 020274; 020279; 020282; 0202383; 020284; 020315; 020317; O2O345; 020346; 020075, 020275; 020338; 020340; 020348; 020355; 020361; 020312; 020316 -I'm not sure. Councilman O'Neill, is 020316, are you moving on that, the bottom of ?
All right. 020316; 020347; 020380; 020381; 020380; 020381; 020383; 020384; 020167; 020168; 020254, 020257, 020259, 020277, 020339; 020341; 020342; 020349; 020350; 020351; 020352; 020354; 020356; 020357; 020358; 020359, 020360; 020362; and 020310. All other bills listed on our Calendar are being held.
Thank you. READING, FINAL PASSAGE Councilman O'Neill, you wish to be recognized?
As Council prepares for summer recess and in the interest of having working people also enjoy the summer a little better, I move that Bill No. 020309, that's that the bill which would exempt low income workers from the wage tax, 2be taken from the table. (Duly seconded.)
It has been moved and seconded that Bill No. 020302 which was tabled last week be removed from the table. All in favor will indicate by saying aye. (Aye.)
Madam President, I assume this would be to hold the bill?
Madam President, I'm voting with Councilman Cohen. Am I wrong? Oh, you're removing it from being tabled. I thought you were removing it from the Calendar.
I'm sorry. I do not support that. No, Madam President. I'm sorry.
It was tabled last week. The Councilman has made a motion to remove it from the table.
I think we ought to have a full discussion before we go to summer READING, FINAL PASSAGE recess.
Yes, so that it can be discussed. I think everybody here, a lot of people in the audience here for that purpose of hearing how Council feels about whether working poor people, low-income people ought to be freed from the burden of the wage tax.
It's part of democratic party policy, it's supported by the republicans, it's non-controversial. Let's do it in Philadelphia -
Councilman Cohen, the motion was seconded. We are taking a vote. Councilman Cohen, how are you voting on this?
Okay, READING, FINAL PASSAGE Councilman DiCicco would be next. Councilman DiCicco.
Aye. Are votes are 8 ayes, 9 nays and the motion fails.
We will try to find out from the Councilmembers how they feel and why they voted against a bill that provide a decent and a better life for all people in Philadelphia, particularly for the working poor which is a tenet of the democratic party and supported by the republican administrations in Harrisburg and Washington.
The Clerk will please read the title of Bill No. 020253.
An ordinance approving the redevelopment proposal of the Redevelopment Authority of the City of Philadelphia -
Madam Chair, thank you. Before the roll starts, I'd like to note for READING, FINAL PASSAGE the record that I'll be abstaining on Bills 020340 and 020361 as I did in committee last week. The law firm with which I'm associated is involved in each of these bills, and I took no part in any discussions or deliberations. Thank you.
Thank you. The Clerk will please read the title of Bill No. 020253.
An ordinance approving the redevelopment proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the Ontario Urban Renewal Area.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020274.
An ordinance to amend the Philadelphia Zoning maps by changing the zoning designations of certain areas of land located within an area bounded by Morris Street and Vare Avenue.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020279.
An ordinance approving the redevelopment proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the American Street Industrial Corridor Urban Renewal Area and declaring that the redevelopment undertakings in the project be an important part of the City's program to remove and prevent the spread of urban blight.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration Bill NO. 020282.
An ordinance approving the redevelopment proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment of a portion of the West Parkside Lancaster Redevelopment Area and declaring that the redevelopment undertakings in the project to be an important part of the City's program to remove and prevent the spread of urban blight.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020283.
An ordinance amending Title 14 of the Philadelphia Code entitled, "Zoning and Planning," under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called up for consideration is Bill No. 020284.
An ordinance amending an ordinance approved December 24, 1959, as amended, which approved the redevelopment proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the East Poplar Urban Renewal Area.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is bill No. 020315.
An ordinance amending an ordinance approved December 14, 1971, as amended which approved the redevelopment proposal of the Urban Renewal Plan and the Relocation Plan of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the South Central Urban Renewal Area.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020317.
An ordinance amending an ordinance approved December 15, 1969, as amended, which approved the Redevelopment Proposal of the Urban Renewal Plan and the Relocation Plan of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the Model Cities Urban Renewal Area.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll. READING, FINAL PASSAGE
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020345.
An ordinance to amend the Philadelphia zoning maps by changing the zoning designations of certain areas of land located within an area bounded by Frankford Avenue and Grant Avenue.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll. READING, FINAL PASSAGE
Aye. The ayes are 1, the nays are 0. Councilwoman Brown.
I'd like to be recorded as voting aye on previous bill.
The record will reflect that Councilwoman Brown is voting aye on Bill NO. 020345. Therefore, the vote is 17 to 0. A majority of Members having voted in the affirmative, this bill passes. The next bill to be call for consideration is Bill No. 020346.
An ordinance to amend the READING, FINAL PASSAGE Philadelphia zoning maps by changing the zoning designations of certain areas of land located within an area bounded by Linden Avenue and Delaware River.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. I would just like to remind everyone we are still in session so anyone having conversations, it's very difficult hearing, please do so in the corridor. We're having a difficult time hearing up READING, FINAL PASSAGE here. Thank you. The next bill to be called for consideration is Bill No. 020075.
An ordinance approving the Fiscal Year 2002 Capital Budget providing for expenditures for the capital purposes of the Philadelphia Gas Works and rejecting the forecast for Fiscal Years 2003 through 2007.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in READING, FINAL PASSAGE the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 020275.
An ordinance authorizing the Mayor on behalf of the City to file an application with United States Department of Housing and Urban Development for and Community Development Block Grant and to take any and all other actions necessary to participate in Section 108 Loan Guarantee Program.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. READING, FINAL PASSAGE The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020338.
An ordinance authorizing the Philadelphia Authority for Industrial Development to a file an application in an aggregate amount not to exceed $40,500,000.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A READING, FINAL PASSAGE majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020340.
An ordinance declaring that it is desirable for the health, safety, welfare of the people in the area served by the Children Hospital of Philadelphia, the Children's Hospital Foundation and the Children's Seashore House of the Children's Hospital of Philadelphia to participate with such institutions in such renovations, improvement, and expansion project to such institutions, buildings, and facilities primarily at their campus located at 34th Street and Civic Center Boulevard.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 16, with one abstention, 16 to 1. The abstention is from Councilman O'Neill. The nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The Clerk will please read the Title of Bill No. 020348.
An ordinance amending and restating the ordinance approved July 12, 1968, as last amended effective January 1, 1999, relating to pension benefits for employees working on behalf of the Philadelphia Gas Works by revising the Philadelphia Gas Works Pension Plan to incorporate amendments thereto clarifying the operation thereof and add certain provisions as required by the Internal Revenue Code of 1986, as amended.
This bill having been read on two different days, the question now is shall the bill pass finally? READING, FINAL PASSAGE The Chair recognizes Councilman Mariano.
Council President, I would like to make a motion to table this bill. (Duly seconded.)
It has been moved and seconded that Bill No. 020348 be tabled. All in favor -- roll call vote, please.
No. The motion fails. We have 9 no's, 8 yeses, so the motion fails.
Madam President, I would like to discuss the bill if it's on the floor.
Thank you, Madam READING, FINAL PASSAGE President. I voted to table the bill because I think it's being rushed through. I've read the letter from the Mayor. I read letter from union Counsel. I've spoken with some people from the Gas Works and some people from the union. I admit I don't know all the answers, but in an atmosphere where workers are worried about pension raids being made and therefore workers are very concerned whenever management moves forward with some initiative of making a pension change. The pension fund at PGW, from what I understand, is very solid. And I'm very fearful that an effort is being made to take money away. I hope I'm wrong. But I think the union is entitled to have the time to study the issue to find out what the facts are. They say they've been unable to get the information. Even the Mayor's letter said that they have to act by August 31st. While Council is in recess, there are always enough Councilmembers in the area and the President has the authority at any time to call a meeting together, a special meeting. We only need 9 members to be present to approve this if the two parties can come to an agreement in the meantime. I READING, FINAL PASSAGE just think it's terribly unfair to tell workers you've got to meet a deadline quickly before they have an opportunity to fully understand the issue. There may be finally no disagreement between the union and the management, but on the surface, there is good reason to believe that the conditions of the union are justified. They are concerned that the benefits go to management employees and not to union employees and they're concerned that there may be a raid on treasury and that money that's needed in the long run for pensions may be jeopardizing by withdrawing it from the pension fund. Let's get the facts. We have plenty of time, more than two months before there's any deadline of any kind for tax purposes. And this Council is always ready to meet in an emergency situation. For that reason, I'm urging my colleagues to vote no on this bill. That's the reason I voted to permit the tabling, in order to allow more time. We hope there will be an agreement, but we certainly are against workers being pushed around and told this is going to happen and if you don't agree today, you're going to find yourself outvoted in City Council. Therefore, I READING, FINAL PASSAGE urge my colleagues vote no on this bill. (Applause.)
Thank you. The Chair recognizes Councilman Mariano.
Thank you, Madam President. I have to agree with my young colleague Councilman Cohen that, again, this is probably a chance a golden parachute for some people in management who if there's a problem with PGW, it's not these guys sitting out over here because on the first look at it, who wouldn't want their pension moved from 10 years to 5 years. So it's something they need to look at. What's happening, in my opinion, is there is some new management people there and if they're doing a good job or a bad job is up for everyone to decide. But let's not move their gold pension, their golden parachute up now so they can get out and say, These guys are left holding the bags, because it's usually on the backs of the working man, like Councilman Cohen said, that they destroy this company and companies like it. So I'm voting no along with my younger colleague Councilman Cohen. READING, FINAL PASSAGE And, Councilman, keep up the good work. If you keep doing the good work like that, you could probably be a successful Councilperson. Thank you . (Applause.)
Thank you, Madam President. This pension bill is not a raid on the pension. It is a bill to codify the IRS issues relative to the pension bill. It provides investment of five years as we have done with the City. It impacts every employee. It's not a negative impact. It is a plus impact. It covers all employees, union, non-union, as our vestment in the City covers everybody and all levels, all classes of pay rage, and it is not a bill that is anti-union bill. And I ask my colleagues to vote on this bill so that we can file with the Federal Government our plan so that we can get a codification of our IRS status. Thank you very much.
Thank you. The Chair recognizes Councilman O'Neill. READING, FINAL PASSAGE
Yes, Madam Chair. I'll be brief because Councilman Cohen really laid it out. And I want to thank him. I usually agree with him on zoning and labor issues, and I hope more as time goes on because I know he's going to be around here a long time. I'd like to be here with him. But as a republican, I'd like to make it clear that this is a labor issue and I think it's important that we vote in favor of the union either to table it or just nix it and start over again in September. Thank you. (Applause.)
Any other comments from Members of the Committee? Seeing none, I would ask the Clerk to please call the roll.
Aye. The vote is 10-7. A majority of all Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020355.
An ordinance dissolving the St. James Court Tax Increment Financing District.
Thank you, Madam President. Just a point of clarification. Is the first TIF bill not to go to the Committee of the Whole?
I'm sorry. We still have session going on, please. Councilman Goode.
As point of information, Madam President, I wanted to know if this the first TIFF bill not to go to Committee of Whole; and if so, why?
Councilman, I'm very sorry. Let's just wait a moment until the READING, FINAL PASSAGE group walks out. Maybe we'll be able to hear you. Between the noise outside and noise inside, it's making it very difficult.
As a point of information, I wanted to know if this is the first TIF bill not to Committee of the Whole; and if so, why?
This went to the Committee on Finance because it was actually dissolving the St. James Court Tax TIF. It wasn't to approve, it was dissolving.
I understand. I just want to know why a TIF bill did not go to Committee of the Whole. I'm concerned about just setting precedent on TIFF bills, period.
Because there was a committee hearing scheduled and, as I said, this was not approval but dissolving and we thought it should be given -- in fact, I think the sponsor had asked that it be scheduled as promptly possible. So we put it before the Finance Committee who already had bills listed for a public hearing.
But for the record, as a matter of not setting a bad precedent, I ask if READING, FINAL PASSAGE there are going to be further TIF bills that are not setting up TIF districts but actually taking revenue from the entire City to give to individual developers that they definitely go before the Committee of the Whole.
Madam President, I'm asking that as a matter precedent, all future TIF bills, whether it is to dissolve or whatever go to the Committee of the Whole because we're actually taking revenue from the entire City to give to individual developers in specific districts. I just want to make sure we don't set a pad precedent here and to send all TIF bills -- I'd like us not to have TIF bills period to go to developers rather than for broader development. Thank you.
We'll certainly give that every consideration. Thank you. This bill having been read on two different days, the question now is shall the bill pass finally? Councilwoman Brown.
Point of order. So READING, FINAL PASSAGE what that mean, you will give that every consideration? Does that mean that this will be the first and last time that there will be TIF bills that go to Finance and not come before the Committee of the Whole?
I just said I would take it under advisement. If there is a time that it would necessitate us to put a bill before a committee and it's an urgency, I think I have the prerogative at that time to list the bill before a committee that could certainly deal with the finances. This was simply dissolving -- I mean, I don't know big deal is here of dissolving a -
I have always supported TIF with much reservation. And I don't need a reason not support TIFs in the future. My hope and expectation -
And I think this conversation is out of order. It's really not relevant to the bill whatsoever. A bill had a public hearing -
If that be the READING, FINAL PASSAGE case, I will not be supporting this bill.
The issue that was raised in the NTI resolution was a matter of whether it was assigned to the appropriate committee. That's why I'm raising this point as well. I think that whenever we set legislative precedent, we're setting legislative precedent.
And I think I explained my position on why it was introduced before the finance committee.
Excuse me, Madam President. Point of order. If it is a matter that has revenue implications for the entire City, as an at-large member of Council, I don't want to see revenue taken from the entire City given to individual developers for specific districts, particularly when most of that development has taken place in only a couple of districts. And I don't want to see the precedent set when it's a City-wide READING, FINAL PASSAGE matter that it not go to the Committee of the Whole.
Aye. The ayes are 16. The nays are 1. The record will reflect that Councilwoman Brown voted in the negative. Thank you. The next bill to be called for consideration is Bill No. 020361.
An ordinance declaring that it is desirable for the health, safety, and welfare of the people in the are served by Temple University Hospital in the vicinity of 3401 North Broad Street.
This bill having been read on two different days, the question READING, FINAL PASSAGE now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 16, the nays are 0. The record will reflect that Councilman O'Neill abstained. The next bill to be called for consideration is Bill No. 020312.
An ordinance authorizing the Commission of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located in the vicinity of 19th Street and Allegheny Avenue, all under certain terms and conditions.
This bill READING, FINAL PASSAGE having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 020316.
An ordinance authorizing the Commissioner of Public Property on behalf of the City to enter into a further amendment to a lease between the City and the Far Northeast Senior Citizens, all certain terms and conditions.
This bill READING, FINAL PASSAGE having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 020347.
An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development without consideration a deed located in the vicinity of American Street and Montgomery Avenue, all under certain terms and conditions. READING, FINAL PASSAGE
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. It is my understanding, Councilman Nutter, that you wish to hold Bill No. 020380?
That's okay. Thank you. The Clerk will then read Bill No. READING, FINAL PASSAGE 020381.
An ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to acquire by purchase that certain parcel of land, commonly known as 4815 Smick Street and 200 Fountain Street.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, theis bill passes. The next bill to called for READING, FINAL PASSAGE consideration is Bill No. 020283.
An ordinance authorizing PECO Energy Company to construct, own, and maintain seven concrete planters on the north footway of Market Street.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill called for consideration is Bill No. 020284. READING, FINAL PASSAGE
An ordinance authorizing the Commissioner of Public Property and the Fairmount Park Commission on behalf of the City of Philadelphia to execute a quitclaim deed in the vicinity of 21st and 22nd and Hamilton Streets.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 020167. READING, FINAL PASSAGE
An ordinance authorizing 801 Market Street to construct two private pedestrian light posts, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020168.
An ordinance authorizing 801 Market Street Holdings to own and maintain four READING, FINAL PASSAGE concrete planters, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 020254.
An ordinance revising a marking regulation on Norman Lane from Germantown Avenue to Crefeld Street. READING, FINAL PASSAGE
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 020257.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 308 by relocating the northerly curb line of St. James Street, all under certain terms and conditions. READING, FINAL PASSAGE
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill being called is Bill No. 022359.
An ordinance authorizing Liberty Property to construct and maintain two aluminum flag posts, all under certain terms and conditions.
This bill READING, FINAL PASSAGE having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is bill 020277.
An ordinance authorizing the revision of lines and grade on a portion of City plan No. 290, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? READING, FINAL PASSAGE The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 020339.
An ordinance authorizing the revision of lines and grades on a portion City Plan No. 24 and 25S within an area bounded by New Hope Street and Vare Avenue.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll. READING, FINAL PASSAGE
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 020341.
An ordinance authorizing the paving the Douglas Street to Mifflin Street, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 020342.
An ordinance authorizing Drexel University to construct various encroachments on the north footway of Market Street, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020349.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 242, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020350.
An ordinance amending Section 2 of an ordinance authorizing the vacating of River Road.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 020351.
An ordinance authorizing Brinker International to construct various encroachments on the west footway of 12th Street, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be called to be consideration is Bill No. 020352).
An ordinance granting permission to Pigalle Restaurant to operate and maintain an open air sidewalk cafe, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 16, the nays are 0. I believe Councilman Longstreth has left the room. The next bill to be called for consideration is Bill No. 020354.
An ordinance authorizing the Holy Name of Jesus Parish to construct and maintain a retaining wall, certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. READING, FINAL PASSAGE The next bill to be called for consideration is Bill No. 020356.
An ordinance granting permission to Payal News, owner of the newsstand at the northeast corner of 11th and Market Streets, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020357.
An ordinance authorizing the READING, FINAL PASSAGE installation of stop signs on Krewstown Road at the intersection of Layton road.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020358.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 319, under certain terms and conditions.
This bill having been read on two different days, the question READING, FINAL PASSAGE now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 16, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 020359.
An ordinance authorizing Center City District to construct, own, and maintain 97 pedestrian street lights, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 16, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 020360.
An ordinance granting permission to Redhouse Bagels to operate and maintain an open air sidewalk cafe, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 16, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 020362.
An ordinance granting permission to 18th and Walnut Streets to construct a telephone service to the newsstand, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 16, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 020310.
An ordinance amending title 4 of the Philadelphia Code by adding provisions related to maintenance and inspection of piers and other waterfront structures, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, this bill passes. I believe we have a special order of business. The Chair recognizes Councilman DiCicco.
Thank you, Madam president. I received resolution about an hour ago. I'm going to offer this resolution at this time.
The Clerk will please read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to Redevelopment Authority of the City of Philadelphia without consideration deed conveying conditional fee simple title to a certain City-owned piece of land located within the are of the 2nd Ward of City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Chair recognizes Councilwoman Blackwell for a motion on Resolution No. 020285.
Thank you, Madam President. Amendments to this bill.
Madam President, I move for the adoption of the NTI bill. (Duly seconded.)
Thank you, Madam President. Madam President, there was a fair amount of recent discussion about this issue as recent as about 10 second ago. What I would ask, Madam President, is if there might be a two- or three-minute opportunity for a number of members discussing this issue to get some clarity about if there's going to be a proposal for funding, what is it actually going to be for. I'm trying to get an answer to an question.
Madam President, I don't think we're prepared to fully discuss the NTI. What we have agreed to do is what we put on the floor and what we offered -- tried to offer privately a this morning, and that is to add $1 million to fund the retaining wall, alley, driveway, curbs, and sidewalk repair and construction program. That seems to be the consensus of opinion and what we're able to offer this afternoon. I would ask my colleague representing a point of view that is acceptable. If it is, then I believe we can have unanimity of opinion here and we can all go out supporting NTI with these amendments. If we can't then we will go back to other amendments.
I understand. Madam Chair, I just need to ask a two-part question. One, as Councilwoman Blackwell speaking, and it may just have been an inadvertent oversight, did I hear you include the retaining wall issue or were you only talking about curb, sidewalks, and driveways?
That's okay. I was just trying to make sure whether I heard or misheard correctly or incorrectly with regard to what you said earlier. The proposal, does it also include the retaining wall issue that we were talking about because I thought I only heard you make mention of curb, sidewalk, driveway. That may have been an inadvertent oversight.
It would include everyone's concerns, so absolutely it would include the retaining wall issue.
And the other question that I was trying to ask, although I would not necessarily like to ask it so much on the record is, the proposed $1 million, is that only for study purposes or is that for possibly doing some work in the one area that we know has in fact been studied, has in fact been analyzed and that there is a and a bill in place to deal with the sole issues of the retaining walls? I'm just trying to understand what the purpose of the money is. Is it solely for study, or can any of those dollars be used for actual work to get to a resolution to some of these issues? That was the issue that I was trying to understand.
The latter is true. The money would be used for a pilot program for all areas.
The pilot program to do work or the pilot program to do analysis?
Pilot program to do work. Now, I can't say how it may be split, but it would be for a pilot program, not just the study. Although I don't know the breakdown because we haven't had that level of detail. But it would be for a pilot program.
Okay. So your intention in putting forward the million dollars is that some of the money will be used for analysis of the larger problem of public infrastructure throughout the City, curbs, sidewalks, driveways, retaining walls; but some of the $1 million will be expended for the purpose of repair or reconstruction of some of these retaining walls that we know are already dangerous conditions in some parts of the City? Is that what you're saying?
Councilman Ortiz, your light is on. Did you want to be recognized?
Madam President, then the amendments that have been circulated, we move.
I'm sorry. Councilwoman, I believe that you have to make a motion to adopt the resolution.
I'm trying. Madam President, we move for the adoption of the resolution. (Duly seconded.) (Discussion held off mic.)
Madam President, we have circulated the amendments. Everyone has them from earlier. The only addition is that the City would allocate $1 million to fund a pilot -
I'm sorry. Councilwoman, I don't have a copy of the amendment, and I would like to see it.
Everyone has amendments, I believe, that were circuited earlier. I will add one sentence thereto, and that sentence would say, "The City will allocate $1 million to fund a pilot program for retain walls, allies, driveways, curbs and sidewalks and repair and reconstruction analysis." So we're adding one sentence to include $1 million for the title of the proposed amendment. Madam President, I move that the amendment be adopted. (Duly seconded.)
It has been moved and seconded that the amendment be adopted.
One other question. In the most recent materials that were circulated, I know that the $2 million in the other amendment for the targeted Basic System Repair Program increased the first year NTI budget, which I'm looking for, I think it is up front.
I'm sorry, Councilwoman Blackwell. On of the materials that that were circulated this morning, the Targeted Basic System Repair Program amendment is highlighted in bold for $2 million which then increased the Year One budget to $67,140,627. The amendment that we're now taking about for this program would also need to adjust that budget by a million dollars.
Yes. We will ask the Administration to do that since we're doing this on the floor to make all the technical changes.
I just want to make sure or ask the Chair that we also make reference to amending to now reflect $68 million, $140,627 and a new line item which is the title of this particular amendment which is the Retaining Wall, Alley, Driveway, Curb and Sidewalk Repair and Analysis and Pilot Program. So that there would be a line item in this budget $4 million and increase the bottom line of the Year 1 Budget.
Is everyone clear? We will have the record adjusted in the NTI statement to reflect this $1 million that everyone has agreed to so that we can move forward together. We need a second?
I would move that in the program statement which is a complete listing of the FY '03 bond proceeds budget, I'm assuming this is going to be done, Councilwoman, under the Housing and Neighborhood Preservation item.
That's fine. The technical aspects, we can work out. For our purposes, if we do our main business at hand, the technical aspects will be done later and will be passed back out with everyone with corrected copies.
I would move that FY '3 Budget be adjusted by the million dollar increase for this particular line item and that the actual budget for FY '03 would now reflect that it should be $68,140,627. (Duly seconded.
Point of order, Madam President. Madam President, my colleague rises to note the fact that there is an amendment on the floor.
Councilwoman Blackwell already moved to approve the amendment. There was already a motion on the floor before Councilman Nutter's motion.
Right, it's amending the amendment, but I think Councilman Goode is raising the issue that there was already an amendment on the floor. Can we ask that maybe if Councilwoman Blackwell takes back the original motion and we incorporate the other motion into it? Councilwoman, we're trying to work this out. Would you withdraw the original motion, restate the motion including the million dollars and the program and the adjustments that need to be made to the First Year Budget on of the program statement?
Let's make it simple. So moved. So we will correct our amendment and ask that Council adopt the amendment as has just been discussed. (Duly seconded.)
Everybody's all right with that amendment request? All right. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the amendments have been adopted. Now we go back to the resolution. Councilwoman, would you ask for the approval or adoption of the resolution, as amended, please?
Madam President, let me state for the record that now that we have made the necessary amendments, we're asking my colleagues to unanimously support the NTI resolution. We certainly thank allo of you, as is always my goal, to have us all move together in one direction on our legislation. We thank all of you for all your efforts to do this. Madam President, I move for the adoption of Resolution 020285, approving the Annual NTI Program. (Duly seconded.)
It has been moved and seconded that the Resolution No. 020285, as amended, be adopted. All in favor will signify by saying aye. (Aye.)
The record will indicate that Councilman Kenney voted no. The motion passes. at this time recognizes Councilman Ortiz regarding a motion concerning Resolution No. 010598.
Madam President, I move the approval of the resolution. (Duly seconded.)
It has been moved and properly seconded that Resolution No. 010598 be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the Resolution 010598 has been adopted. This concludes our Calendar. Are there any speeches on the part of the Minority? The Chair recognizes Councilman O'Neill.
Madam President, although I believe that Councilman Mariano's impending marriage Saturday night in Las Vegas has gotten more press than Paul McCartney's this past week, I'd still like to wish him publicly very well new stage of his life that he's entering and ask my colleagues to join me.
Are there any other speeches on the part of the Minority? Seeing none, the Chair recognizes Councilman Cohen.
Thank you, Madam President. While we debate endlessly, vaguely, somewhat unsuccessfully, and somewhat successfully, while we deal with that, life goes on. And as we learned on 911, that peace is threatened and it affects our lives, whenever peace is threatened. I want to note that today is six months to the day since President Bush announced that he was unilaterally without Congress's participation going to seek to drop out of the anti-ballistic treaty. That's the treaty that keeps people from engaging in what they call star wars, the thing that President Regan used to make available, I guess, to the game businesses because everybody knew it was a Very expensive, it succeeded in doing nothing except further endangering peace. I believe it's unconsciousness for the President to act on own. This treat has been around for more than 30 years. I think if he does that without the consent of Congress, I think he jeopardizes peace instead of working toward peace as he's working in general war against terrorism. So I'm calling upon all people. Notify your Congress members, notify your US Senators to urge the President to recognize the legislative bodies of Congress and have Congress exercise its right. And if they do, I think we're going to save peace because I think they're going to vote and they're going to want to stay as members of this treaty. We don't need to spend billions in star wars which are going to further alienate many of our current allies. So I'm urging everybody let everybody know while we are busy locally. We expect the Congressmen and the Senators to protect our interest worldwide for peace. Thank you, Madam President.
Thank you. And at this time, I would like wish my members of the staff a very wonderful summer. If we continue with the session today, I guess our recess will be with and before we know it, it will be summer. But I want to wish you a safe and a very pleasant summer. Is there anyone who wants to be recognized? (No response.)
At this time the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that Council stand adjourn until September 12, 2002. (Duly seconded.)
The ayes have it. The motion carries. Thank you. (Council adjourned at 1:50 p.m.) C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of June 13, 2002, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING ___________________________ Lisa C. Bradley, RPR and Notary Public