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Minutes

Stated Meeting, June 5, 2003

Philadelphia City CouncilJun 5, 2003

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COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, June 5, 2003 1:45 p.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE L. BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY 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, Deputy Chief Clerk V A R A L L O INCORPORATED Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, PA 19103 6/5/03 - Stated

Council President Verna

I note that the hour has come and I think it has gone that a quorum of this Council is present. Council will please come to order. Members will take their seats. To give our invocation this afternoon the Chair recognizes Mr. Charles Register, chief sergeant-at-arms, who will give the invocation. Everybody please rise.

Sergeant-At-Arms

Oh, God, thou has in our dwelling placed in all generations before the mountains were brought forth, forever thou has formed the earth and the world even from ever lasting to ever lasting thou, Oh God. Oh God, king of the universe, supreme intelligence of all mankind, we humbly come before you to ask you for your define power to direct these, thy servants, to make good judgment in governing this City of Philadelphia. We depend on you only to guide us, to guide our hearts, mind and sole in all things. Amen.

Council President Verna

The Chair thanks Mr. Register for that very inspiring invocation. Thank you. You're not getting a raise 6/5/03 - Stated with that. (Laughter.)

Council President Verna

The next order of business is the approval of the journal of the meeting of Thursday, May 29, 2003, and the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move that the journal of the meeting of Thursday, May 29, 2003, stand approved. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the journal of the meeting of Thursday, May 29, 2003, stand approved. All in favor will indicate by saying aye. MEMBERS: Aye.

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the journal of the meeting of Thursday, May 29, 2003, has been approved. The next order of business is requests for leave of absence. The Chair recognizes Councilwoman Blackwell. 6/5/03 - Stated

Councilwoman Blackwell

Thank you, Madam President. Today a leave of absence is requested for Councilwoman Krajewski and Councilman Mariano.

Council President Verna

Leave will be granted. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, on behalf of the Republicans, there are no requests for leave of absence.

Council President Verna

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 today. 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. The next order of business is communications. The Chair recognizes the sergeant-at-arms for the purposes of delivering the messages from the Mayor to the chief clerk. The chief clerk will please read the 6/5/03 - Stated messages from the Mayor.

Chief Clerk

To the President and Members of the Council of the City of Philadelphia, I am pleased to advise you on June 5, 2003 I signed the following bills that were passed by Council at its session on May 29, 2003, Bill No. 030002, 030003, Bill No. 030004, Bill No. 030005, Bill No. 030006, Bill No. 030008, Bill No. 030009, Bill No. 030010, Bill No. 030012 and Bill NO. 0300013, and I'm transmitting for the consideration of your Honorable Body a draft of a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Model City's urban renewal area and a resolution approving the redevelopment contract of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the East Venango Industrial Urban Renewal area and a resolution approving the sale by the Philadelphia Authority for Industrial Development for the fair market value of the former Convention Hall and Commerce Museum properties and a resolution approving the redevelopment contract and 6/5/03 - Stated disposition supplement of the Redevelopment Authority of the City of Philadelphia which includes inter alia the redevelopment and the urban renewal of a portion of the West Philadelphia redevelopment area and a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Kingsessing urban renewal area, and a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of the Kingsessing urban renewal area, and a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Kingsessing urban renewal area and a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Greenway urban renewal area and a resolution approving the redevelopment contract and disposition 6/5/03 - Stated supplement of the Redevelopment Authority of the City of Philadelphia for a portion of the Center City redevelopment area.

Council President Verna

The messages will be printed in the journal. The chief clerk will please read any other communications in her possession.

Chief Clerk

That's all I have, Madam President.

Council President Verna

The next order of business is the introduction of bills and resolutions and the Chair again recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the rules of Council be suspended so as to permit an immediate consideration of resolutions at the time of introduction. All in favor of the motion will say aye. 6/5/03 - Stated MEMBERS: Aye.

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The motion carries. The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. I have no bills or resolutions.

Council President Verna

I'm sorry. Did you say you have none?

Councilman Kenney

I have none.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. Today I introduce six bills on your behalf. One of those six is signed by ten members of City Council.

Council President Verna

I believe that is a resolution, is it not?

Councilwoman Blackwell

Pardon me, Madam President?

Council President Verna

Isn't that a resolution? 6/5/03 - Stated

Councilwoman Blackwell

That resolution is signed by ten members.

Council President Verna

I thought you you said it was a bill. Okay. Please proceed.

Councilwoman Blackwell

And I introduce another four bills on my own behalf.

Council President Verna

Thank you. The clerk will please read the title of the first bill.

Chief Clerk

And Bill No. 023048 relating to the PGW senior citizen discounts requests the Pennsylvania Public Utility Commission to approve a senior citizen discount program under which all senior households with income at or below 250 percent of the federal poverty level will qualify for the discounts.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be AND RESOLUTIONS adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

The Chair recognizes Councilman Cohen.

Councilman Cohen

What is the impact of this Resolution on the Senior Citizens Discount as it now exists? I'm just asking for clarification of the subject matter.

Councilwoman Verna

As it presently exists? All of the people that are in the Senior Citizens Discount Program today will be grandfathered. As you know, this issue arose because PGW filed a rate proposal with the Pennsylvania PUC that would have ended the Senior Citizens Discount and replaced it with a means tested discount program that would certainly have more severely reduced eligibility of the program. We would have had a customer responsibility program in existence effective September 1. I do believe that in response, this Council enacted two Bills to support the continuation of the Senior Citizens Discount. The AND RESOLUTIONS Mayor allowed those Bills to become law without his signature. But the Administration and PGW did not immediately take steps to implement the Bills. I sent a letter to PGW requesting action be taken immediately to implement the Bills and request PUC approval of the Senior Citizens Discount. Only then did the Administration and Council begin discussions on this issue. The Resolution before us today is the culmination of that process. It represents a compromise under which the Administration has agreed to ask the PUC to approve a Senior Citizens Discount Program with a means test that is certainly more generous than the one originally proposed. Under this means test, senior households with incomes at or below 250 percent of the Federal Poverty Level will be eligible for the discount. I am told that approximately three-quarters of all senior households in Philadelphia will be eligible under this program. I am certainly hopeful that the process begun by Council's passage of the two Senior Citizens Discount Ordinances will successfully conclude with the PUC's approval of this proposal and the continuation of this important program for AND RESOLUTIONS Philadelphia seniors. I certainly want to take this time, Councilman Cohen, if you don't mind, to thank my colleagues for their support on this issue, because I believe it is clear that without action by the Council in this matter, the Senior Citizens Discount would not have been preserved.

Councilman Cohen

Madam President, thank you for the clarification, but I would like to be heard on this matter.

Council President Verna

The Chair then recognizes you to be heard.

Councilman Cohen

Thank you. I will be voting no on this Resolution because I believe it's harmful, because I believe it is a step toward the elimination of the Senior Citizens Discount, also because everybody knows or ought to know that whenever a means test is presented in any situation, it immediately eliminates minimally at least half of the eligible people don't apply because poor people and working people frequently are fearful that government may take action against them, usually when they have to provide information. There is also a clause that says giving wrong information may AND RESOLUTIONS lead to prosecution, may be considered perjury. But whatever the reason, low income people never apply when there's a means test. So I believe the real purpose of the Administration -- I'm excusing the Councilmembers but not the Administration. The real purpose of this amendment is to cut down on the number of people who are going to be benefiting from Senior Citizens Discount and it's going to change this from a right of seniors, if they choose to exercise that right, to a welfare plan which itself will cause many people not to participate for concern about it. For that reason, without belaboring it beyond, but I will be taking action when we reconvene in the fall in an effort to restore a Senior Citizens Discount. I think it is extremely harmful. It indicates that we were wrong when we decided to let go what existed in the Water Department, which for 20 years has had a means test. Often the question came up and when we said, "Well, let's leave it alone. We have a true Senior Citizens Discount in the Gas Works." But it seems to me now that the Gas Works and the Mayor is moving to eliminate it AND RESOLUTIONS despite the fact that there's a lot of bipartisan support for the continuation of the Senior Citizens Program. I think we're going to have to move forward with the statement that I made the other day about taking steps to change the Gas Works from an independent agency which acts in defiance of City Council, doesn't recognize City Council, and acts apparently at the behest of the Mayor who apparently is not interesting in cooperating with City Council. And accordingly, my vote today will be no.

Council President Verna

Thank you, Councilman. The Chair recognizes Councilman Ortiz. (Applause.)

Councilman Ortiz

Madam Chair. I first want to say that your efforts on this Bill, on this issue have been very good and your letters to Mr. Knudsen right on point. He defied City Council legislation and an ordinance. It is obviously, this proposal as it comes forward, an improvement on what the Administration and Mr. Knudsen were trying to impose five months ago. But an improvement on a bad plan does not make a bad plan a good plan. And what we're doing in essence is taking away from poor AND RESOLUTIONS people a right that they have enjoyed for over 30 years in the City of Philadelphia.

Council President Verna

Councilman, excuse me. Would you mind explaining to me how we're taking away from poor people?

Councilman Ortiz

Because they have a right of 20 percent discount. Right now we're imposing a new means and a new test and a new standard. We're saying now that they have to be means tested. And means test has usually meant, in terms of poor people, that they are the ones who suffer. George Bush not too long ago, in terms of his new welfare reform plan, was trying to and floated out a means test for school lunches. That was almost immediately reacted to by all of the children advocates across the nation because they understood that that meant that poor people and the poorest people were not going to be able to apply. Means test sounds good when you make it and when you utter it, but in practice it has led to poor people being left out and excluded. It means that they have to divulge -- and whether you say or not, it impacts in terms of their dignity, in terms AND RESOLUTIONS of their self-esteem, in terms of their self-worth. This was a program that people earned throughout their lives. They were not being given the ability or the entitlement because they were rich or poor. They were given because they had stayed in the City for over 60 years. They had paid, they had contributed. And now we're saying to them after 30 years because of our bad management of PGW, "You no longer can have this." Like I said, it's an improvement on the plan that they proposed, but an improvement on a bad plan does not make a bad plan good. And I'll be voting no on this because I believe that we passed good legislation. And what the Mayor and PGW should have done is to rescind it and gone to the PUC and say the City Council and the City of Philadelphia, their wishes, their public policy and their standards are that we maintain the 20 percent discount. And that, we're not doing. Thank you.

Councilwoman Verna

Thank you. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Thank you, Madam President. Madam President, I think occasionally you have to realistic. I think we all realized that AND RESOLUTIONS we weren't going to win this one. I think this amendment is very, very important and I plan to vote for it because I'd rather have a half loaf than no loaf. So I think that if we vote against this amendment, I think what we're doing, we're just going to be taking away at least a very large of the eligible population to take advantage of this discount. So I think that we're shortsighted and being critical of what we've accomplished here with this amendment. Thank you.

Councilwoman Verna

Thank you. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Thank you. I voted for the Council Bill, as others did, not thinking that we were realistically going to keep the current program of discounts for everyone that qualifies as a senior citizen regardless of what their income is because I thought it was the best way for Council to step forward in a unified way to leverage and negotiate with the Administration and the Gas Works. I never expected us to get, not just a half loaf, but at least three-quarters of a loaf in that negotiation. And I'm thrilled with the result. This is going to represent a victory for AND RESOLUTIONS many of the senior citizens in my district who, I think, in the future -- because everyone has it grandfathered in. But those ready to become eligible, many people who I'm sure thought that they were being written out of the program will now be there. And I don't think anyone has a right to something that other people have to pay for, other people who often times only make a few dollars more than them if they are just below the line of the threshold and others are just above. I think it's the right thing to do to have the discount. But remember that this is almost twice the level of the state PACE program, the eligibility level. And seniors for years have had to file with the State to get drug reimbursement, to get real estate tax relief, rebates, and also if they rent to get rent rebates. So it's something that seniors are very familiar with. They've often been very frustrated by the level of PACE, the income requirements. This is almost double those. It's 25 percent higher than the Water Department's income level, 25 percent higher. And I think we should be declaring victory for senior citizens, should compliment you and AND RESOLUTIONS Councilwoman Blackwell and others that had negotiated up to the last minute with the Administration and feel that we really accomplished something here. I'm sorry, and Councilwoman Tasco. I apologize, Councilwoman, who wears two hats and it's not an easy role to play, but you've done it very well. And this is something I believe that many, many people, not just myself, never thought we'd see from this Gas Works, this Administration and this City Council leading the fight to get it. People are used to filing the form because people are not passing up the PACE benefits. They know that that is coming from the lottery. This is coming from other ratepayers. Their neighbors contribute to this discount. Their rates are higher so that we can have this discount. And people understand that a senior citizen that's making more than them, that's at 35, 50 or $100,000 of income should not have their bill subsidized by people and working families that can hardly afford to pay their own bill, let alone subsidize somebody who's making a lot more money than them regardless of age. AND RESOLUTIONS Again, I just want to thank you, applaud you, and I'm going to vote for this very readily. Thank you.

Councilwoman Verna

Thank you, Councilman. The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam Chair. Just a couple comments. I'm not sure what would have happened in the court proceeding. Councilman Rizzo made a comment that he wasn't sure whether we would win or whether we would lose, and I'm not sure that any of us know this at the moment. What I will say about that particular issue is this Council passed legislation. The Mayor allowed it to become law without its signature. And I absolutely agree with the position that you, Council President, took with regard to your letter to Mr. Knudsen -- that will be another fight for another day -- that it was not within the discretion of PGW to decide whether they were going to follow a law that was approved by this Council and allowed to become law without the Mayor's signature, that there was no discretion in terms of their decision. And I would fight for that particular principle and AND RESOLUTIONS certainly on this issue. But if subsequent discussions, negotiations, meetings, or however else they might be characterized, lead to a different conclusion, then I think we should take that on the face of that particular issue. Madam President, I do want to ask two questions.

Councilwoman Verna

Certainly.

Councilman Nutter

One, from reading the Resolution, and I'm sure as all of you have worked on it, it's probably clear what the answer is to the first one. The amount of the discount, what is the percentage?

Councilwoman Verna

Twenty percent.

Councilman Nutter

So it's the same 20 percent discount. Now, 250 percent of the federal poverty level in terms of income, what does that represent?

Councilwoman Verna

$30,000 per household.

Councilman Nutter

I think, as Councilman O'Neill pointed out, these issues came up in the course actually, surprisingly, for the property tax debate. We have a program in place, I AND RESOLUTIONS believe, that freezes the assessment for senior citizens who meet the PACE eligibility guidelines. And I know Councilman Clarke had looked at this issue as well last year with a Bill. And I think that those numbers are somewhere down in the 17,000 -- 14,000, Councilman? PACE is 14, PACE Net is $17,000 range. And this is, I think as Councilman O'Neill pointed out, virtually double those particular numbers. Now, none of us want to count other people's money. But at some point in time as we go through all of this and if I'm lucky, I'll be a senior citizen. I'm not trying to get there too quickly. And I don't know what my financial situation will be. But we have a balancing act here, as with most things: Taxes, grants, proposals, a variety of ideas. And I think this does, at least, moves the issue forward. Now, the Council has reserved the right, though, to take further action in this particular regard because if what we're requesting here by the Resolution does not take place by a date certain, it appears to me, Madam President, that we're going to be right back where we were before this Resolution, AND RESOLUTIONS as introduced, because the Resolution states that if action is not taken in terms of a filing by July 7th that the Council reserves the right to continue to seek legal redress with regard to Bill 030123 and 030138. So, as others have said, I do commend the work that was done by you, Madam President, by Councilwoman Blackwell, Councilwoman Tasco, and there may have been others involved in this particular matter.

Councilwoman Verna

Councilman O'Neill was brought into it.

Councilman Nutter

Councilman O'Neill and others who may have been involved in this one. I was not a direct participant, but I think there is at least the opportunity here to do something positive for seniors and deal with the other fiscal issues regarding PGW. So thank you, Madam President.

Councilwoman Verna

You're welcome. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Yes, Madam President. I'll be brief because some of the comments I was going to make has been made by Councilman O'Neill and Councilman Nutter. And I too AND RESOLUTIONS -- I don't know what would have happened if we had pursued the path of the course of legal challenge, and we can always take that action. But I was very concerned about coming to a resolution on this issue because, as of September 12th, those people who were not eligible who will be eligible would not get the discount. So I think that we acted in a reasonable way. Legislative bodies always have the right to change their minds and come to compromise in a way that benefits the citizens. And I think this does because it will protect those people who will become eligible in September and we would not have been in Session to take any action. So I thank the help of all the Councilmembers who worked on this and ask us to move forward and vote so that we can protect those senior citizens who will qualify for this to obtain the 20 percent discount.

Councilwoman Verna

Thank you, Councilwoman. The Chair recognizes Councilman Cohen.

Councilman Cohen

Thank you, Madam President. Pour all the sugar and syrup you want to on it, it's still very bitter and very bad. It sounds good, but what we're doing is taking rights AND RESOLUTIONS from working poor people and we don't want to admit it. Everybody knows that there are two kinds of programs, there's social insurance programs and there are welfare programs. A social insurance program is something that guarantees people without compelling them to disclose all their financial information, without having threats that if you give wrong information you're going to be subject to prosecution, without requiring you to admit that you're poor or below certain incomes, that you're really a welfare case. That's a social insurance program. That's Social Security. We don't make any distinctions at the Social Security level. You don't have to prove you need Social Security. When you get to be 65, you get it because you've earned it; that's why you get it. That's why this discount was given to senior citizen originally, because they earned it during their lifetime. They paid the high gas bills all during their lifetimes. Now what are we doing? We know it sounds to good say 75 percent of the working people or the poor people are going to be eligible, but that's shear nonsense. It's totally untrue. Maybe AND RESOLUTIONS they're eligible, but the facts show that less than half of them are ever going to become eligible again to pay because poor people don't have lawyers to go to when they get questionnaires, and they decide to stay away from a government that takes their homes away from them in the dark of night. That's why we had hearings here earlier today and for a couple days about how government, the City of Philadelphia, takes people's homes away from them and doesn't even feel they're entitled to be told about it in advance. That's the reason why government cannot be regarded as a protector of people. Government acts like any major business corporation. This City government is a 6-billion-dollar-a-year -- and I'm probably underestimating it -- business corporation, and it treats poor people like big businesses usually treat poor people. It takes away money from them. It's like the Bush tax cut. Like in the middle of the night, as the Inquirer editorial pointed out the day before, they took out tax cuts for the poor people that were entitled to them under the original version of the Bush tax cut because tax AND RESOLUTIONS cuts are deemed to be worthy only for the rich. In this case, what you're doing is you're making clear you're waging war, not with City Councilmembers, because in my judgement they're just gullible or they're closing their ears and their eyes to the evidence as to what happens when you put in means tested programs. The beauty of this program was that it rewarded senior citizens and did not compel people to label themselves as welfare cases or as low income people. They had a right to do it because they had worked hard and obtained senior citizens status of City of Philadelphia and the Philadelphia Government was rewarding them a bit. Now that's the fact. The fact is not that we're preserving anything because everybody knows this is only preliminary to making PGW as a corporation ready for sale to private interests. And when that's sold -and everybody knows that private interests want to eliminate the Senior Citizens Discount. Once we've crossed this test and adopted this means test, you're going to find in short order the means test is going to be changed. It's going AND RESOLUTIONS to be lowered and lowered and lowered until it's worth nothing and is finally eliminated so that PGW can be sold to the people. In the meantime, you're going to add a new equation to a family in Philadelphia.

Councilman Cohen

In addition to choosing between eating and buying medicines, they're now going to have to worry about freezing, because poor people are not going to be able to pay the bills. The Gas Works has not been truthful when they talk to us. They tell us their state of economy is fragile, that they lose 18 or $20 million a year. That's shear nonsense. The PGW as a company doesn't benefit by a single penny as a result of eliminating this poor test. What does happen is that the rates generally are not affected as to the same extent as when there's not a Senior Citizens Discount, but the Gas Works gets the money it needs to operate from all other ratepayers. And the average cost per family is 2 or 2 1/2 dollars a month during the winter season. Is that much of a burden to ask a family to pay for their parents to have heat in their homes? AND RESOLUTIONS Because this not only benefits senior citizens, but most senior citizens have children. And you know who pays up? We're not protecting the middle class group that Councilman O'Neill spoke about protecting because what's going to happen is middle class families are going to suddenly find, in addition to taking care of their children, they're going to have to provide heat for their parents, because what we're doing is saying we're going to try to eliminate that 2 1/2 dollars a month average increase on a gas bill in order to find a way to eliminate the Senior Citizens Discount as it exists. Therefore, I urge my colleagues not to feel so good about it, because you're not doing a good job today. You don't deserve any compliments. What you do deserve is condemnation for taking away a basic right of senior citizens. Why we choose as a legislative body to also declare war on senior citizens, I don't know. The Mayor is his own person. He's apparently decided to take away rights from working people and poor and he's apparently scared us into thinking that, "My, God, if we let him have his way, he'll destroy everybody so let's try to save a few " That's not the approach. We ought to fight this. We ought to fight for the rights of senior citizens. Thank you, Madam President.

Councilwoman Verna

You're welcome, sir. The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Thank you, Madam Chair. You pass legislation in order to establish a right. If the legislation is not followed, is violated, is not vetoed; it becomes law. We passed legislation, it was not vetoed; it became law. No court has said that that legislation is illegal or unconstitutional. A program that is left to regulation and administrative fiat is not a right, is not a program that is there to be maintained. It is a program that if economic necessity comes about and is needed to be able to be cut in order to balance the budget in some way, the poor people program will be cut because that's the way they have done it before. We tried to pass legislation and we went through legislation because we wanted to establish it by law. When Frank Rizzo was Mayor of this City AND RESOLUTIONS in 1973 and he wanted to give senior citizens a chance to be able to spend some extra money in other than giving themselves heat, he gave and provided a discount. City Council passed it. It was not a Resolution by PGW, it was not a Resolution by the Mayor; it was a law, it was legislation. We don't have a law right now because we're abdicating our right as a legislative body to pursue the legislation that we passed. We're saying, "We can pass legislation and you can ignore it, don't worry about it. We'll take it on certain things, but mostly if we feel we might not win here or there, you can ignore whatever legislation we pass." You say that to this Mayor, you say that to any other Mayor. You lose credibility as a legislative body. Like I said, the plan that was proposed by PGW was a bad plan. They have tried to make it a little bit better, but the legislation established a right. The legislation said that this is what government had to do. We passed it. It was not vetoed and it should be upheld. And I think until a court decides otherwise, PGW and Knudsen are supposed to obey the legislation of the laws that AND RESOLUTIONS this City Council passes. Thank you, Madam Chair.

Councilwoman Verna

Thank you. The Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Madam President. I will try to be extremely brief.

Councilwoman Verna

Oh, thank you.

Councilman Goode

Truth in matter is this is actually a troubling situation. I think we should just take a quick vote on this and have it be over with. I am disturbed by the fact that as Chair of the Committee on Transportation and Public Utilities that we had a right and an opportunity to take action in terms of the form of a Bill before the PUC made a decision. There are certain members of this Council against this Resolution right now who chose not to pursue passage of a Bill in time for the PUC to respond to it. We actually passed the Bills that we passed after the PUC had already made its decision. So I think the Council leadership should be commended for what it did. In reality, looking at what they can do after the PUC already made its decision, after we passed the Bills already too AND RESOLUTIONS late, to go in and try to help seniors who may need help as of September. So I commend the Council leadership for what it did. We're actually doing what we should be doing, taking responsible action, not like the irresponsible action that was taken before when people just wanted to have community meetings on an issue rather than passing legislation before the PUC acted.

Councilwoman Verna

Thank you, Councilman. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

I'm sure I may have misunderstood what you said, Councilman Goode, and I will apologize. But I just want to make sure that the restructuring filing for the PGW was filed during the summer when we were in recess. We did not have an opportunity. The Gas Commission did not see it, neither did this Council see the restructuring filing. And we would have seen that the portion in that restructuring, that the 20 percent discount was going to be discontinued.

Councilman Goode

I concur with Councilwoman Tasco. That's something I did leave AND RESOLUTIONS out. The truth of the matter is that this was not a decision of this body, to take away a 20 percent discount, and she's completely right in that. But the point at which we found out about PGW's decision to do it, we did have time to pass a Bill and Bills were introduced in time in order to be passed before the PUC made its decision. And certain Members of this Council now choose to be against this, not realizing that Council leadership is now taking responsible action and did not do what they should have done in terms of passing the Bills before the PUC took action.

Councilwoman Verna

Thank you. Are there any other questions or comments from Members of the Committee? (No response.)

Council President Verna

Seeing none, it was moved and seconded that the Resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Councilwoman Verna

Those opposed?

Councilman Cohen

No. AND RESOLUTIONS

Councilman Ortiz

No.

Council President Verna

The record will show that Councilman Cohen and Councilman Ortiz voted in the negative. All other Councilmembers voted in the affirmative. The Clerk will please read the title of the next Resolution. THE

Chief Clerk

A Resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Kingsessing Urban Renewal Area, designated at Parcel Nos. 1, 2, 3 and 7.

Councilwoman Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? AND RESOLUTIONS (No response.)

Council President Verna

The ayes have it, and the motion carries. The Clerk will please read the next Resolution. THE

Chief Clerk

A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the South Central Urban Area.

Council President Verna

The Chair, again, recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Madam President, I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and seconded that the Resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. AND RESOLUTIONS The Clerk read the next Resolution. THE

Chief Clerk

A Resolution authorizing 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.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Clerk will please read the next Resolution. THE

Chief Clerk

A Resolution authorizing the Commissioner of Public Property to AND RESOLUTIONS execute and deliver to the Redevelopment Authority of the City deeds located in the 6th Ward of the City of Philadelphia.

Councilwoman Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Clerk will please read the next Resolution. THE

Chief Clerk

A Resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Kingsessing Urban AND RESOLUTIONS Renewal Area designated as Parcel Nos. 4, 5, 6, 8, 9, 10, 11 and 12.

Councilwoman Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and seconded that the Resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The next Resolution, please. THE

Chief Clerk

A Resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 6th and 27th Wards of the City of Philadelphia.

Councilwoman Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

I move for the AND RESOLUTIONS adoption. (Duly seconded.)

Council President Verna

It has been moved and seconded that the Resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The next Resolution, please . THE

Chief Clerk

A Resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City for the redevelopment and urban renewal of a portion of the Kingsessing Urban Renewal Area.

Councilwoman Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and seconded that the Resolution be adopted. All in favor will say aye. AND RESOLUTIONS (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. THE

Chief Clerk

And a Resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Greenway Urban Renewal Area.

Councilwoman Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and seconded that the Resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the Resolution has been adopted. AND RESOLUTIONS The Chair recognizes Councilman.

Councilman Cohen

Madam President, I offer one Resolution.

Councilwoman Verna

I'm sorry, there's one more Resolution. THE

Chief Clerk

A Resolution honoring A. Frank Donahue.

Councilwoman Verna

The chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I note that all Members of Council have signed this Resolution. I move for its adoption. (Duly seconded.)

Council President Verna

It has been moved and seconded that the Resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Clerk will please read the AND RESOLUTIONS Resolution introduced by Councilman Cohen. THE

Chief Clerk

A Resolution calling for a moratorium on the acquisition and/or condemnation of any and all occupied properties within the City of Philadelphia by the Redevelopment Authority of Philadelphia, pending the outcome of a joint investigation by the Committees on Law and Government and Legislative Oversight, hereby duty authorized into the apparent failures of the Administration to adequately notify property owners and occupants that their properties are about to be condemned or to advise them of any manner in which they can seek redress from the Administration regarding mistakes that have been made for properties improperly or unfairly designated for acquisition; further authorizing the Committees to determine whether the purpose of said condemnation is to gentrify vast sections of the City and whether an office of homestead security should be established to help protect citizens of the City against irrational and heartless seizures of their homes.

Councilwoman Verna

The Chair recognizes Councilman Cohen. AND RESOLUTIONS

Councilman Cohen

Madam President, I move the adoption of the Resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (Nay.)

Council President Verna

Roll call vote, please. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

No. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

No. THE

Chief Clerk

Councilman Goode.

Councilman Goode

No. AND RESOLUTIONS THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

No. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

No. THE

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

No. THE

Chief Clerk

Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

No. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

No. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

No. THE

Chief Clerk

Council President Verna.

Council President Verna

No. The vote is 3 to 11. The motion fails.

Councilwoman Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

I offer one AND RESOLUTIONS Resolution.

Councilwoman Verna

Councilwoman Tasco offers one Resolution. I would ask the Clerk to please read the title. THE

Chief Clerk

A Resolution honoring Joseph N. Williams.

Councilwoman Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Madam President, I move for the adoption of the Resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the Resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Chair recognizes Councilwoman Miller.

Councilwoman Miller

Thank you, Madam President. I offer two Resolutions.

Councilwoman Verna

Thank you. The AND RESOLUTIONS Clerk will please read the title of the first Resolution. THE

Chief Clerk

A Resolution authorizing Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 11th Ward of the City of Philadelphia.

Councilwoman Verna

The Chair recognizes Councilwoman Miller.

Councilwoman Miller

I move for the adoption of the Resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the Resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Clerk will please read the title of the second Resolution. THE

Chief Clerk

A Resolution authorizing the Commissioner of Public Property to AND RESOLUTIONS execute and deliver to the Redevelopment Authority of the City deeds located in the 11th Ward of the City of Philadelphia.

Councilwoman Verna

The Chair recognizes Councilwoman Miller.

Councilwoman Miller

I move for the adoption of the Resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the Resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries.

Councilwoman Verna

The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. I offer four Resolutions.

Councilwoman Verna

The Clerk will please read the title of the first Resolution. THE

Chief Clerk

A Resolution honoring the Philadelphia Youth Orchestra and designating AND RESOLUTIONS September 25, 2003, as Philadelphia Youth Orchestra Day in Philadelphia.

Councilwoman Verna

The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. I move the adoption of the Resolution. (Duly seconded.)