COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, February 16, 2006 10:15 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670
May I have everyone's attention, please. I note that the hour has come and that a quorum of this Council is present. The Council will please come to order. Members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, I would ask Councilwoman Blackwell to please approach the podium.
Members and guests will please rise. (Everyone rises.)
Let us pray. Heavenly Father, we thank you for bringing us here today. We ask that you might bless those of us who have the responsibility of deliberating on the people's business and on issues that affect the quality of life for people who live, work and visit our City. We ask that we may be committed to doing the right thing, and give us the wisdom to know what that is. We ask that we may always keep in mind what is right and what is important and what is thy will for us as we try to do the right thing to help those in our City. Father, we ask that you might bless those who have illness in their families. We ask that you may just lay your hands on them and let them know you're there. Furthermore, we ask that you bless those who are homeless, those who are hungry, those who are ill, those who are incarcerated. All these blessings we ask in thy name for thy sake. Amen.
Amen. The Chair thanks the Councilwoman. The next order of business is of the Journal of the meeting of Thursday, February 9, 2006, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, February 9, 2006 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, February 9, 2006 stand approved. All in favor will please indicate by saying aye. (Aye.)
The ayes have it, and the Journal of the meeting of Thursday, February 9, 2006 is approved. The next order of business is absence, and, again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absence on the part of the Majority.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Rizzo.
Good morning, Madam President. Madam President, there's no requests for leave from the republicans.
The Chair thanks the Councilman. 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 Councilmembers, I welcome you to our Council session. We appreciate your taking the time to join us as we attend of our City. We certainly invite you to come again. Our next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on February 16, 2006, I signed the following bills that were passed by Council at its session on February 9, 2006 --
Excuse me. The noise level is much, much too high. Anybody having private conversations, I'd suggest you do it in the corridor. Thank you. Please proceed.
I am pleased to advise you on February 16th, I signed the following bills that were passed by on February 9, 2006: Bill No. 051231, 051232, 051233 and 051234, and I am transmitting for the consideration of your honorable body an ordinance approving the first amendment of the redevelopment proposal for the West Fairhill/East Tioga/Hunting Park Urban Renewal Area; and An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan Nos. 240 and 295 by striking from the City Plan Bigonet Lane from Spring Lane to the Philadelphia-Montgomery County Line; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a lease agreement with the Philadelphia Municipal Authority for further sublease to Philadelphia Biosolids Services; and An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia a deed located at 5928 to 30 Germantown Avenue; and An ordinance approving an extension of the term of existence of the Philadelphia Municipal Authority for the management of the City's wastewater treatment solids, all under certain terms and conditions; and An ordinance authorizing the Water Commissioner and the Procurement Commissioner, on behalf of the City of Philadelphia, to enter into a Service Contract with the Philadelphia Municipal Authority.
Thank you. The Chief Clerk will please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the rules of Council be suspended in order to permit the immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer three resolutions.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution urging the United States Senate to oppose and defeat the Board of Protection Anti-Terrorism and Illegal Immigration Control Act of 2005 drafted by United States Representative James Sensenbrenner and Peter King.
I move the adoption of the resolution and request to speak on it, please. (Duly seconded.)
Thank you, Madam President. I offer today a resolution on behalf of myself and Councilman Ramos. On December 6, 2005, the U.S. House of Representatives passed HR 4437 known as the Board of Protection Anti-Terrorism and Illegal Immigration Control Act, which is a terrible title to begin with, linking anti-terrorism and immigration, of 2005. This bill is expected to be considered in the U.S. Senate within the next month. If enacted and fully enforced, this legislation would turn undocumented immigrants into felons and fine or jail countless employers. It would also expand the definition of an alien smuggler to include churches, charities, lawyers, doctors and anyone else who helps undocumented immigrants, knowingly or not. Furthermore, the bill would hold those who arrange or support or facilitate two or more marriages designed or intended to invade any provision of the immigration laws legally accountable and subject to a fine and a term of imprisonment. While supporters of this bill proclaim it to be legislation aimed at preventing illegal immigration by gaining control of the borders and holding people accountable, I see it as a piece of legislation that would militarize our borders, harm our economy and conflict the very thing our country was founded on: Liberty, freedom and opportunity. As the Statue of Liberty states, "Give me your tired, your poor, your huddled masses yearning to breathe free" -- not your wealthy, educated or politically connected -- "send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door," so, too, should our immigration laws reflect this message. Rather than this punitive legislation, we need comprehensive immigration reform that would allow undocumented immigrants to become legal residents with certain conditions. It is virtually impossible to gain a legal visa without a ridiculously long wait. This forces many people to enter the country illegally. Let me add that it is totally unfair and appalling to link immigration control and anti-terrorism tactics together in one piece of legislation. It seems rather ironic that while members of the Bin Laden family living in the United States were allowed to leave the U.S. on the days following September 11, 2001 with their assets and personal documents without being interviewed by the FBI or the CIA and to subject a working undocumented immigrant, may soon become a felon and subject to imprisonment in an effort to fight terrorism -- the man that we see on the bicycle riding from his lawn care job to his restaurant job is no threat to the security of this country. I thank you all in advance for your support in urging the U.S. Senate to oppose this ridiculous and unfair bill. Thank you.
Thank you. It has been moved and 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 Chief Clerk will please read the title of the second resolution.
A resolution proposing an amendment to Bill No. 060003, which provides for the Operating Budget for Fiscal Year 2007, and a corresponding amendment to Resolution No. 060019, which provides for the Five-Year Financial Plan, to establish a 2.5 million fund dedicated to a Witness Protection and Relocation Program on behalf of the District Attorney's office.
On behalf of myself and Councilwoman Miller, I think this resolution should be sent to the appropriate committee, or no? It's a budget amendment.
It will be referred to the appropriate committee.
And a resolution honoring the historic Borough of Bristol on the occasion of its 325th birthday celebration.
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 please say aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce four bills and two resolutions, three bills and one resolution on your behalf and one bill and one resolution on my own.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance approving the extension of the term of existence of the Philadelphia Municipal Authority and authorizing the Authority to design, build, finance, own, operate, maintain and lease facilities and equipment.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Water Commissioner and Procurement Commissioner, on behalf of the City of Philadelphia, to enter into a Service Contract with the Philadelphia Municipal Authority.
This bill will be referred to the appropriate committee.
And an ordinance authorizing George Wake, doing business as Big George's Diner, to construct, operate and maintain an existing one-story building addition located at 285 South 52nd Street.
This bill will also be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a lease agreement with the Philadelphia Municipal Authority for further sublease to the Philadelphia Biosolids Services.
The bill will be referred to the appropriate committee.
And a resolution recognizing Acting Health Commissioner Joanne Godley's service to the City and citizens and offering City Council's profound best wishes to her in her future endeavors.
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.)
And a resolution adopting findings of fact and conclusions of law with respect to certain appeals filed in the Philadelphia Court of Common Pleas regarding Council's decision disapproving applications to sell malt and brewed beverages for consumption off premises.
The Chair again recognizes Councilwoman Blackwell.
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 say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Mariano.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution encouraging Philadelphia to join the National Law Enforcement Officers Memorial Fund protest of the video game "25 to Life."
Madam President, I move for the adoption of this 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 and the resolution is adopted. The Chair recognizes Councilwoman Tasco.
I offer one resolution on behalf of Councilwoman Blackwell and Marian Tasco.
The Chief Clerk will please read the title of the resolution.
A resolution honoring the career of Charles W. Bowser, Esquire.
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 say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I offer two resolutions and one bill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located at 5928 to 30 Germantown Avenue.
The bill will be referred to the appropriate committee.
And a resolution recognizing Mrs. Ella Brown as proprietor and owner of Ella's House of Beauty for her outstanding years of business operation and ownership.
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.)
And 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 17th Ward of the City of Philadelphia.
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 please indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I offer one bill and two resolutions. One of the resolutions is co-sponsored by all members of City Council.
Thank you. The Clerk will please read the title of the bill.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan Nos. 240 and 295 by striking from the City Plan Bigonet Lane from Spring Lane to the Philadelphia-Montgomery County Line.
The bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 4th and 38th Wards of the City of Philadelphia.
Thank you, Madam 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 say aye. (Aye.)
And a resolution honoring and commending Frank L. Oliver for his 33 years of service as the State Representative for the 195th District.
Thank you, Madam President. I move the adoption of the resolution and I'd like to speak briefly. (Duly seconded.)
Thank you, Madam President. As I mentioned, Madam President, this resolution is co-sponsored by all members of City Council. There is a spectacular event taking place tomorrow night in honor of Representative Frank Oliver, a bipartisan tribute dinner in his honor. I'm serving as the General Chair of that event. It is hosted by the African-American Democratic Ward Leaders and a host of elected officials from the City and the Commonwealth of Pennsylvania. The Executive Chairperson of the entire event is the Secretary of the Democratic party, Ms. Carol Ann Campbell. It is a fitting tribute to Representative Oliver for all of his years of service and continued service to Philadelphia and the Commonwealth of Pennsylvania, and so I ask my colleagues to support this resolution. Thank you.
The recognition is well deserved. It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer one resolution co-sponsored by Councilmembers W. Wilson Goode, Councilman DiCicco and Councilman Frank Rizzo.
Thank you. The Chief Clerk will please read the title.
A resolution honoring the African-American Museum in Philadelphia on the occasion of both Black History Month and the 30th anniversary of the Museum.
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer two bills.
The Chief Clerk will please read the title of the first bill.
An ordinance approving the third amendment of the redevelopment proposal for the Convention Center Renewal Area.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 14-1610 of The Philadelphia Code, entitled "Old City Residential Area Special District Controls."
This bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
The Clerk will please read the title of the bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Bustleton Avenue, Fulmer Street, a railroad and Grant Avenue.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Clarke.
Thank you. The Clerk will please read the title of the bill.
An ordinance approving the first amendment of the redevelopment proposal for the West Fairhill/East Tioga/Hunting Park Urban Renewal Area.
This bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 14th, 16th, 29th and 32nd Wards of the City of Philadelphia.
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you. As there are no reports from committees, the next order of business will be the consideration of the Calendar. I would ask the Chief Clerk to please read -- oh, I'm sorry. Councilwoman Krajewski, I neglected to recognize you. Do you have any bills or resolutions today?
Thank you. Yes, Madam President. I have one resolution and one ordinance, one bill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 2 of an ordinance, Bill No. 040763, approved October 27, 2004, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 187."
The bill will be referred to the appropriate committee.
And a resolution memorializing Council's opposition to the proposed project to expand PGW's Port Richmond liquefied natural gas, the LNG facility, into an import terminal facility, and expressing Council's intention not to enact any legislation needed to implement that project, and further expressing Council's unqualified opposition to any project that would create an LNG shipping terminal with the City of Philadelphia or that would cause loaded LNG tankers to regularly traverse the Delaware River alongside the City of Philadelphia.
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 indicate by saying aye. (Aye.)
I'm sorry. The Chair recognizes Councilman Ramos.
Thank you, Madam President. As you well know, because you approved my appointment to the Philadelphia Gas Commission, because I'm a member of the Commission, it is appropriate for me at this time to recuse myself from the voting, because this is a matter that will come before the Commission as well.
Thank you. The Chair recognizes Councilwoman Tasco.
Thank you. The Chair recognizes Councilman Goode. Your light was on, sir. You don't want to be recognized?
Okay. Those in favor of the adoption of the resolution will indicate by saying aye. (Aye.)
The ayes have it. The record will reflect that Councilman Nutter voted negative and Councilwoman Tasco and Councilman Ramos are not voting.
Yes. So the resolution is adopted. Since we do not have any reports from committees, the next order of business will be the consideration of the Calendar. The Chief Clerk will please read the bills on the First Reading Calendar.
Bill No. 060010, an ordinance amending Subcode "PM" of 2/16/06 - STATED - 1ST READING Title 4 of The Philadelphia Code of the Philadelphia Building Construction and Occupancy Code, by providing for a Certificate of Rental Suitability to be provided by the owner of any rental property, all under certain terms and conditions.
Thank you. The Chair recognizes Councilman Mariano.
Thank you, Madam President. At this time, if I could ask for a suspension of the rules because I want to offer an amendment and have the first reading. Is that the proper protocol?
It 2/16/06 - STATED - 1ST READING has been moved and seconded that the rules of Council be suspended so as to permit an amendment to be introduced. All in favor? (Aye.)
The ayes have it. And I would now ask the sponsor to please offer his amendment.
I'm introducing the amendment. I'm sorry. I introduce the amendments to this bill.
And I'm assuming that all of the members have received a copy?
Yes. All 2/16/06 - STATED - 1ST READING members have received a copy, and I'm asking for a suspension of the rules to have the first reading today after we amend it.
It has been moved and seconded that the amendment be adopted. All in favor? (Aye.)
The ayes have it and the amendment has been adopted. We do not have, believe it or not, a Second Reading Calendar for today. I'm sorry. I must stand corrected. On the Second Reading 2/16/06 - STATED - 2ND READING Calendar, I believe there is -Councilman DiCicco, would you please pay attention. It is my understanding that we have one bill on the Second Reading and Final Passage Calendar, and it is my understanding that Councilman DiCicco will be presenting an amendment. Has the amendment been circulated, sir? COUNCILMAN DiCICCO: The amendment actually, Madam President, will be offered by my colleague, Councilman Nutter.
Thank you, Madam President. Yes, the amendment has been circulated. I've had conversation with Councilman DiCicco. This is his bill that he introduced. I think it technically may be an Administration bill. I've also had conversation with 2/16/06 - STATED - 2ND READING Councilwoman Miller, whose district is literally across the street from mine in the general area of where an applicant has expressed interest with regard to a gaming facility. I appreciate Councilman DiCicco's flexibility with regard to this particular matter. I can go into what the amendment is about, if it's appropriate, if we're at that point, Madam President. Has the title been read?
I said I could go into what this amendment is about. Because I was talking, I'm not sure what point we're at in the bill order and whether the title has been read or not.
Bill No. 051028-A, an ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by adopting a new Chapter 14-400, entitled "Commercial Entertainment District," under certain terms and conditions.
Thank you, Madam President. Madam President, I have circulated an amendment that is supported by Councilwoman Miller and I, and I've had conversation with Councilman DiCicco about this. This amendment, for all of the two pages, what it boils down to is, there is a provision in this bill that allows for or requires a 45-day time clock on this Council after submission of a plan of development for any of the gaming facilities. Just my primary concern is with the plan coming over, we 2/16/06 - STATED - 2ND READING have 45 days to take action, and at least for myself, I would be very concerned about imposing that kind of time deadline with regard to any potential application coming into the Fourth District. And so this amendment removes that requirement solely for the Fourth Councilmanic District. As I indicated, the site is in the Fourth District. Councilwoman Miller's district is literally across the street and has many constituents who live around the site in the Eighth Councilmanic District. So we will certainly deliberate appropriately and in a timely fashion, but I do not wish to be subject to the 45-day time limitation. So my request is to have this amendment approved, and then subsequently I assume Councilman DiCicco will call the bill up at the next session.
All right. Would you move for the -2/16/06 - STATED - 2ND READING Councilman Clarke, did you want to be recognized, sir?
Yes, Madam President. Madam President, I just want to ask the Councilman to clarify one issue. Is the only portion of the bill being amended to reflect only the 45-day time limit, but all other parameters of the bill would take effect if in fact the Trump site were to come into play?
Yes. It's just the 45-day with regard to Council's requirement to take some action, whether it's approval, disapproval or tabling. All of the other provisions of the bill stay in place. There are other time frames for departmental actions. Those are not affected by this.
Thank you. Councilman Nutter, would you make a motion for the adoption, please.
Yes, Madam President. I move the adoption of the amendment. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the amendment has been adopted. That concludes our Calendar for today. Are there any speeches on the part of the Minority? (No response.)
Are there any speeches of the part of the Majority? The Chair recognizes Councilman Goode.
Thank you, Madam President. On the front page of the Sunday Tribune February 12th, we find an article titled "People's Emergency Center: Help or Hustle." The article focuses on whether the neighborhood surrounding People's Emergency Center is benefiting nearly as much as PEC, its community development corporation or the organization's hierarchy. I took particular interest in the Tribune article because it appeared two days after a letter to the editor from People's Emergency Center was printed in the Philadelphia Inquirer. The letter from the People's Emergency Center took exception to the claim that performed well in its minority banking practices. The letter noted $3 million that People's Emergency Center received from Wachovia, but offered no statistics on lending to neighborhood residents, but, of course, I have the numbers. In a study commissioned by this Council, the National Community Reinvestment Coalition examined nine neighborhoods, including the People's Emergency Center service area. NCRC found that of the 14,519 home purchase loans made in Philadelphia, only 16 were made in the PEC service area and only one home mortgage from Wachovia. Of the 32,638 home refinance loans made in Philadelphia, only 86 were made in the PEC service area and only one home refinance loan from Wachovia. Of the 5,511 home improvement loans made in Philadelphia, only 11 were made in the PEC service area and zero came from Wachovia. In fact, of the 52,668 total home loans made in Philadelphia, Wachovia only made two home loans to the PEC service area, one home mortgage, one home refinance and zero home improvement loans. PEC should focus a bit more on neighborhood lending rather than just its own organizational interest. In the end, PEC's letter to the editor didn't help. It was just hustle. Thank you.
Thank you. Are there any other speeches on the part of the Majority? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco for a motion.
Madam President, I move that Council stand adjourned until Thursday, February 23, 2006 at 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, February 23rd at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Thank you very much. (Stated Meeting adjourned at 10:40 a.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on February 16, 2006, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)