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.