COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, September 30, 2004 10:15 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. 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
Good morning. I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Reverend Tim Soffard of Christ Church. He is here today as the guest of Councilman DiCicco. All members and guests will please rise.
Madam President and Councilman DiCicco, thank you very much for this honor. Christ Church has served the City of Philadelphia now for 310 years. The prayer I use this morning was crafted in 1783 after the revolution, using the prayers of William Penn and John Penn as well as an emerging sense of praying no longer under the authority of the sovereign in England. Let us pray. Oh, Lord, our Governor whose glory world, we commend this nation and especially today this City Philadelphia to thy merciful care, that being guided by thy providence we may dwell secure in thy peace. We pray that you grant to the President of the United States, the Governor of this Commonwealth and today to the Mayor of this City and all in authority asking your grace upon the members of this City Council, their staffs and all in City government, wisdom and strength to know and do thy will. Fill them with the love of truth and righteousness and make them ever mindful of their calling to serve this people of Philadelphia in thy fear. Send upon those who hold office here in this City the spirit of wisdom, charity, and justice that with steadfast purpose they may faithfully serve in their offices to promote the wellbeing of all people. We lift these prayers to you, Almighty God, asking your providence and grace this day in this place. Amen.
The Chair thanks Reverend Soffard for his very inspiring will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the Meeting of Thursday, September 23, 2004. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the Meeting of Thursday, September 23, 2004, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the Meeting of Thursday, September 23, 2004, stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it. The motion carries. The Journal of the Meeting of Thursday, September 23, 2004, is approved. The next order of business is requests for leaves of absence. And the Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absence on the part of the Majority.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the Republicans, there are no requests for leaves 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. 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 Councilwoman Reynolds Brown who will present a resolution honoring Ione Nash and her dance ensemble. Will Ms. Nash and those accompanying her please join the Councilwoman at the podium. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. This morning we have the opportunity to honor and commend Ione Nash for her decades of dedication to Philadelphia's dance community. Whereas, Ione Shirley Osborne was born on October 1, 1923, and due to a medical condition was unable to walk until the age of four; and Whereas, married to Archie Lee Nash in 1944, she had been dissuaded from pursuing dance in her youth, for early in her marriage decided that it was the dream that she wanted to chase; and Whereas, Mrs. Nash began with the discipline of ballet but soon moved to the modern jazz, tap and interoperative forms; and Whereas, in an effort to expand opportunities for dancers, she opened her own dance school in Germantown in 1960, which was trailblazing, for it was the first African American owned business operating on Germantown Avenue; and Whereas, the Ione Nash Dance Ensemble was established in 1960, as well has gone on to perform and produce over 600 wonderful pieces, including Dance of the Witch Doll, Dances of the Sacred Skull, Fire Dance, War and the Panther, and African Stool Dance; and Whereas, Ms. Nash has developed her own technic which she describes as BBACCMAJHT, which is a meshing of Brazilian ballet, African, Cuban, Caribbean, Modern, African Jazz, Haitian and Tap; and Whereas, Ione Nash is still going strong today, as she is teaching a master's class in her technic; and Whereas, there is little doubt that she has touched almost everyone in the dance community in our City through her extraordinary works and deeds; now, therefore Resolved by the City Council of Philadelphia that we hereby honor and commend Ione Nash for her decades of dedication to the Philadelphia dance community; Further resolved that an engrossed copy of this resolution be presented to you, Ms. Nash, to express the sincere sentiments of this legislative body. Certified by President of City Council, our own Anna C. Verna; introduced by Blondell Reynolds Brown and cosponsored by all Members of the Philadelphia City Council. Congratulations. (Applause.)
Really this is beyond anything that I could ever consider, that I would be recognized for this because I love dance so much that you don't think about the outcome of how you touch people. I have dancers who started when they were little. I have taught their children and I have also taught their children's children. So a lot of times the children and their parents are both in the same class. I really appreciate you recognizing me. Like I said before, I had no idea that this was really happening. And I have gotten a lot out of Philadelphia because there's so many areas in Philadelphia with different nationalities that you take different cultures and you put them together, and I think that if the world itself would concentrate on dance, dancing together, we wouldn't have so much conflict. Thank you. (Applause.)
Thank you. Council will be at ease. (Council at ease.)
The Chair now recognizes Councilman Kenney who will present a resolution honoring the Salvation Army on it's 125 anniversary. Will Major Diaz and those accompanying him please join the Councilman at the podium? Councilman Kenney is joined by Councilman Clarke.
Thank you, Madam President. This a resolution commending the Salvation Army on the occasion of its 125 anniversary in Philadelphia and proclaiming October 5, 2004, as Salvation Army Day. Whereas, the Salvation Army began its US mission in Philadelphia in 1879 by 16-year-old Eliza Shirley who courageously established the Salvation Army's work of reaching out to people in need and transforming their lives; and Whereas, the Salvation Army, from these humble beginnings, now operates more 9400 service centers across the country through which 42 million hurting people were served last year; and Whereas, the Salvation Army of Greater Philadelphia administers to children, teens, adults, families and senior citizens through hundreds of year-round supportive services that you touch the lives of hundreds of thousands of people each year;
Whereas, the Salvation Army of Greater Philadelphia operates 16 community centers throughout the region, providing outreach services such as drug and alcohol rehabilitation programs, food pantries, clothing assistance and GED classes; and Whereas, the Salvation Army of Greater Philadelphia each year provides more than 1 million meals, nearly 400,000 nights of lodging, and 14,000 visits to shut-ins; and Whereas, the Salvation Army of Greater Philadelphia spends 91 cents of every dollar raised on programs and services that change people's lives every single day of the year; and Whereas, the Salvation Army of Greater Philadelphia continues to reach out to those in the depths of despair with a strong belief that no matter whom the people or what their need, the deliverance of hope gives them the strength needed to thrive; now, therefore been it Resolved by the Council of the City of Philadelphia that Council does hereby honor and commend the Salvation Army on the occasion of their 125th anniversary in Philadelphia; Further resolved that City Council proclaim October 5, 2004, as Salvation Army Day; Further resolved that an engrossed copy of this resolution be presented to the Salvation Army as a token of this legislative body's sincere appreciation for its dedication to providing physical, emotional, and spiritual support to the people of Philadelphia. Sponsored by all Members of Council. (Applause.)
I am delighted to recognize Major Diaz for remarks, and I want to thank him for the wonderful job they do in my district. Thank you so much. MAJOR DIAZ: Madam President, Councilmembers, it is truly a privilege for us to be here today and for you to take time from your busy agenda and schedules to honor the Salvation Army and the work that it has done in the past 125 years. How fitting it was that my colleague started with a prayer from the founding fathers of our nation recognizing and demonstrating the passion that they had to work within community. Many of you here in this room have worked with the Salvation Army on different occasions for reasons and for different programs, and we want to thank you from our bottom of our hearts for your support. And all we can say to you is that we look towards the next 125 years of serving in our communities. May God richly bless each one of (Applause.)
The next order of business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor. THE
Thank you. Do you have any communications whatsoever in your possession? THE
Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the Rules of Council be suspended 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 please indicate by saying aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Kenney.
The Clerk will please read the title of the first resolution. THE
A resolution honoring Donald A. Cramp on the occasion of his retirement as President and Chief Executive Officer of the Hospitals and Higher Education Facilities Authority of Philadelphia.
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 indicate by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution proclaiming the week of October 4, 2004, as Financial Planning Awareness Week.
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 is adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce one bill and two resolutions, one resolutions signed by every member of Council.
Thank you. The Clerk will please read the title of the bill. THE
An ordinance permitting three traffic lanes on Walnut Street between 40th and Cobbs Creek Parkway and requiring that the lane markers on Walnut Street be changed to reflect this change.
The bill will be referred to the appropriate committee. THE
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 51st Ward of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution calling on the Southeastern Pennsylvania Transit Authority and its Board of Directors to keep the level of service by maintaining weekend City services.
The Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption. (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 Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chair recognizes Councilman Mariano.
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I offer one resolution on behalf of myself and Councilwoman Reynolds Brown and signed all Members of Council.
Thank you. The Clerk will please read the title of the resolution. THE
A resolution congratulating the Mural Arts Program on the occasion of its 20th anniversary.
Thank you, 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 say aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilwoman Tasco.
Thank you. The Clerk will please read the title of the resolution. THE
A resolution declaring Alzheimer's Memory Walk Days in the month of November as Alzheimer's Awareness Month.
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 Brown.
Thank you, Madam Chair. I offer two resolutions this morning.
Thank you. The Clerk will please read the title of the first resolution. THE
A resolution urging the Pennsylvania General Assembly and Governor Edward Rendell to set higher energy standards for common products sold in Pennsylvania.
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
And a resolution honoring the Philadelphia Dance Company for 35 years of producing thousands of extraordinary dancers, remarkable sold-out shows, and service to the City of Philadelphia.
Thank you, Madam President. I move for the adoption. (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 Goode.
Thank you, Madam President. I have no bills or resolution.
The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.
Madam President, I offer resolution today cosponsored by Councilwoman Tasco, Councilman Mariano, and Councilman Clarke.
The Clerk will please read the title of the resolution. THE
A resolution authorizing the Committee on Public Health and Human Services to hold public hearings to investigate the operations of City-owned Philadelphia Nursing Home and the events that occurred at said nursing home on Saturday, September 23, 2004, wherein six infirm patients of the Philadelphia Nursing Home had their feeding tubes cut thereby putting their lives at risk, and requesting that the Office of the District Attorney of Philadelphia initiate a full investigation of this incident.
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 will be referred to the Committee on Public Health and Human Services. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I offer one bill and two resolutions.
The Clerk will please read the title of the bill. THE
An ordinance authorizing and directing the installation of traffic control devices at the intersection of Lombard Street and Sixth Street.
The bill will be referred to the appropriate committee. THE
And a resolution authorizing the Philadelphia City Council's Committee on Streets and Service to hold public hearings and investigating the City recycle and sanitation programs.
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. The resolution has been adopted and will be referred to the Committee on Streets and Services. THE
And a resolution commending the Friends of William Penn, a non-profit education society dedicated to reaffirming his holy experiment on the occasion of William Penn's birthday, October 24th.
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 indicate by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman O'Neill.
The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.
The Clerk will please read the title of the bill. THE
An ordinance amending Section 9-204 of The Philadelphia Code relating to sidewalk vendors in Center City to prohibit propulsion of growers and producer stands by internal combustion engine at farmers markets, all under certain terms and conditions.
The bill will be referred to the appropriate committee. THE
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 18th, 28th, 29th, 32nd and 37th Wards of the City of Philadelphia.
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 Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you. There are no reports from committees; therefore, the next order of business will be the consideration of the Calendar. There are no bills on the First 09/30/04 - STATED - 2ND READING Reading Calendar. The Chair recognizes Councilwoman Blackwell for the purpose of calling up bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Today Bill No. 040328-A is being called up for second reading and final passage. Bill 040640 will be amended and Bill No. 040611 is being called up for second reading and final passage. All other bills are being held.
Thank you. The Chief Clerk will please read the title of Bill No. 040328-A. THE
An ordinance authorizing the creation of a loan or loans to provide funds for and toward various capital municipal purposes, authorizing the Mayor, City Controller, and City Solicitor or a majority of them to sell bonds at a public or private negotiated sale and fixing a day for holding the election for obtaining such consent and providing for the arrangements for 09/30/04 - STATED - 2ND READING providing such election.
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. THE
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. 040640. THE
An ordinance amending Chapter 19-2600 of the Philadelphia Code entitled "Business Privilege Taxes" by establishing a program under which a job creation tax credit will be given to a certain business for creating new jobs in the City of Philadelphia, all under certain terms and conditions.
Thank you. Councilman Goode, did you want to be recognized at this time.
Yes, Madam President. The proposed amendments have been circulated to all members of Council. They are a combination of technical amendments offered by the Administration and amendments offered by myself. The technical amendments, most of them deal with changing definition of 09/30/04 - STATED - 2ND READING average wage earnings which the tax credit is based upon to be based purely on new jobs that are created rather than average wage earnings on the entire payroll. There are also some other cost-cutting amendments offered by the Administration. I also chose to change the effective dates and to direct the school District grant specifically for career vocational programs. And while I'm calling it up to amend the bill and clean it up, I have no intention of asking for final consideration of the bill next week but wanted to be part of a broader discussion that deals with job creation incentives. So I move for the adoption of the amendments. (Duly seconded.)
It has been moved and properly seconded that the amendments be adopted. All in favor will say aye. (Aye.)
Those opposed? 09/30/04 - STATED - 2ND READING (No response.)
The ayes have it, and the amendments are adopted. The final bill to be considered is Bill 040611. THE
An ordinance to amend the Philadelphia Zoning Map by changing the zoning designations of certain areas of land located within an area bonded by Lawrence Street, Green Street, Fourth Street, Fairmount Avenue, Galloway Street, Green Street, Bodine Street, Fairmount Avenue, front street, and Spring Garden 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. THE
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. That concludes our Calendar for today. Are there speeches on the part of the Minority? (No response.)
Are there speeches on the part of the Majority? The Chair recognizes Councilman Goode.
Thank you, Madam President. In my hand is a list of 35 recommendations from the Mayor's Economic Development Summit. These recommendations from the 150 participants were conceived, transcribed, and distributed at the summit. On the second day of the summit, there was also a new set of recommendations conceived, transcribed, and presented on large flat screen TVs, but not distributed. On Monday, I requested a copy of the second set of recommendations from both the Commerce Department and Mayor's Office. The first response was, "Okay, we'll send them right over." The next response was, "The recommendations actually don't exist." So my response was a subpoena. I am not requesting at this time a report from the Commerce Department on the summit, but a document that does, in fact, exist. In fact, the Commerce Director told me yesterday in discussion about the subpoena that she had a copy of what I requested in her 35 final recommendations made by the summit participants. I actually handwrote one of them. It was transcribed and presented at the summit along with 34 other recommendations. I believe we are entitled to have a copy of all 35 final recommendations as a standalone document before a report is actually issued. We're also entitled to conduct our own process. I believe that's actually our job. Thank you.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. It has been requested by Alex Wright and the United Block Captains of Philadelphia that we let you know they're holding a rally at 12 o'clock in Love Park to announce the United Block Captains of Philadelphia's concerns, their community
Thank you. The Chair recognizes Councilman Ramos.
Thank you, Madam President. I want to take this opportunity to thank the Philadelphia Police Department for a job well done and the cooperation of the Philadelphia Nursing Home and its contractors for the apprehension of a person that is now being accused of cutting the feeding tubes of seven of our very ill people out of Philadelphia Nursing Home. I think we all have an obligation, or at least I see it as such, that we have to pay special attention to those in our City who are very poor, frail, elderly and defenseless. I have requested to hold public hearings and I have asked my dear colleague Marian Tasco who chairs the Committee on Public Health to work with me, and she has agreed at an appropriate time to call for public hearings. I just want for the record to not a witch hunt to try to find or to stigmatize the Philadelphia Nursing Home, but there have been other complaints in the Chambers today. We have the son of a patient who had her feeding tube cut. Mr. Nieves is sitting right behind me, and he's the person that called me in distress and asking for help. His mother not only had her feeding tube cut, but she had bruises on the side of her face in the ear area. We just want to make sure that the people of our City, that when they get to that point of their life with a loved one and they want to send their loved one to a nursing home that they can think that the Philadelphia Nursing Home is a good place to have their loved one, that they will be treated and that they will be cared for, that there will be security and that they will be treated with dignity. Thank you, Madam Chair.
Thank you. I would certainly hope that the gentleman that's in the audience whose mother abused certainly has reported that to the appropriate authorities so that action can be taken. Has he?
Thank you. Are there any other speeches on the part of the majority? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco.
Madam President, I move that Council stand adjourned until Thursday, October 7th at 10 a.m., 2004.
The ayes have it. Council will stand adjourned until Thursday, October 7th at 10:00 a.m. Thank you. (Council adjourned at 10:50 a.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 Thursday, September 30, 2004, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING _________________________ Lisa C. Bradley, RPR