COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 13, 2007 10:35 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN CAROL ANN CAMPBELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM GREENLEE COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILMAN DANIEL SAVAGE 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, everyone. 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 recognizes his Eminence John Cardinal Foley. He is here today as the guest of Councilman Ramos. I would ask all members and guests to please rise. (Everyone rises.) CARDINAL FOLEY: Thank you very much, Madam President and Councilman Ramos. Before offering the opening prayer, I want to thank the members of City Council for this most gracious invitation and for the great honor of having this day declared Cardinal Foley Day in Philadelphia. They even allowed the sidewalk outside City Hall, a one and only time. As a resident of Philadelphia and its near suburbs for the first 48 years of my life and as one who has proudly and gratefully considered Philadelphia home, even during my 23 years in Rome, I want you to know how much I truly appreciate your great thoughtfulness and this honor which means so much to me. And now, let us pray. All powerful and ever-loving Father who has called us out of nothingness to know you, to love you and to do your will in this world for the benefit of all our brothers and sisters, all your children, look kindly on this great city in which all men and women have been free from the beginning to acknowledge and worship you according to their consciences and to help those who lead it to act always justly without fear or favor, to create a society of peace protect the rights of all, especially the weakest and most vulnerable, in a community which should be in reality what it is so proudly in name, the City of Brotherly Love. Let this be done in your name, oh, Lord. Amen. (Amen.)
The Chair thanks his Eminence for his very inspiring invocation. Council will be at ease. (Council at ease.)
I see we have in the audience former Mayor Green. Nice seeing you, Mr. Mayor. Welcome. (Applause.)
The next order of business is the approval of the Journal of the meeting of Thursday, December 6, 2007, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, December 6, 2007 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, December 6, 2007 stand approved. All in favor will please indicate by saying aye. (Aye.)
The ayes have it, the motion carries, and the Journal of the meeting of Thursday, December 6, 2007 stands approved. The next order of business is requests for leave of absence, and, again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no absence today on the part of the majority.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Rizzo.
Madam President, there are no requests for leave of absence from the republicans.
Thank you. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. We certainly invite you to come again. The Chair now recognizes Councilman Ramos, who will present a resolution honoring his Eminence John Foley, a Philadelphian, on his elevation to Cardinal in the Roman Catholic Church. Will his Eminence please join Councilman Ramos at the podium and whoever is joining you, your Eminence, certainly can join you at the podium. Councilman Ramos. Anyone joining his Eminence today can certainly come up to the podium.
Good morning, everyone. It is an honor for me today. Probably unless we have an extended session of Council, it will be my last legislative day, and I am so honored to have served the people of Philadelphia and all of you in the last four years. It couldn't get better than for me today introducing an extraordinary and call for the honoring of an extraordinary Philadelphian today. His name is Cardinal John Foley. Whereas, Cardinal John P. Foley 11, 1935 in Fitzgerald-Mercy Hospital in Darby, Pennsylvania and grew up in Holy Spirit Parish in Sharon Hill, the only child of John and Regina (Vogt) Foley; and Whereas, Cardinal John P. Foley graduated from Holy Spirit School, St. Joseph's Preparatory School and graduated summa cum laude -- that means that he was very smart, right? -- from St. Joseph's College, now St. Joseph's University, in 1957, where he was President of the student body; and Whereas, Cardinal John P. Foley entered the priesthood in 1957, studied at St. Charles Borromeo Seminary on City Avenue and was obtained a priest of the Archdiocese of Philadelphia on May 19, 1962. Later that same year, the late Cardinal John Krol, then Philadelphia's Archbishop, sent the young priest to Rome to report on the Second Vatican Council for the Philadelphia Catholic Standard and Times, the Archdiocese newspaper; and Whereas, Cardinal Krol saw great promise in Cardinal John P. Foley and sent him to Columbia University's School of Journalism where he earned a Master's Degree in 1966; and
Whereas, in 1966, Cardinal John P. Foley was appointed Assistant Pastor or Philadelphia's St. John the Evangelist Church and served on the faculty of the Cardinal Dougherty High School, with residence and St. Bernard Church, also in Philadelphia. From 1966 until 1974, Cardinal John P. Foley also was co-producer and co-host of the Philadelphia Catholic Hour on local radio station WFIL; and Whereas, Cardinal John Foley served as editor of the Philadelphia Catholic Standard and Times for 14 years, 1970 to 1984, taught at St. Charles Borromeo Seminary, and in 1976, he was named as an honorary prelate of His Holiness with the title of Monsignor. He the Pennsylvania State Ethics Commission, 1979 to 1984; and Whereas, Cardinal Krol recommended Cardinal Foley to the late Pope John Paul II in 1984 to become the first President of the new Pontifical Council for Social Communications at the Vatican, whose role is to explain church teachings through the worldwide media; and Whereas, Cardinal John P. Foley went to Rome to serve the world, but never forgot his friends, his family and his Philadelphia. He was consecrated an Archbishop in 1984 at the Philadelphia's Cathedral of Sts. Peter and Paul. He was 48 at the time and was the youngest head of a papal office at the Vatican; and
Whereas, Cardinal John P. Foley had served for 23 years as head of the Pontifical Council for Social Communications when Pope Benedict XVI the 17th, 2007 as Pro Grand Master of the Equestrian Order of the Holy Sepulchre of Jerusalem; and Whereas, the Equestrian Order of the Holy Sepulchre of Jerusalem lends financial support to the Catholic Church in the Holy Land and helps maintain Christian shrines in that region; and Whereas, Philadelphia and the entire Delaware Valley rejoiced when Pope Benedict XVI publicly announced on October 17, 2007 that he would elevate Archbishop John P. Foley to Cardinal; and Whereas, Cardinal Justin Rigali, Archbishop of Philadelphia, hailed Cardinal John P. Foley's appointment as one that will unite the people of the Archdiocese of Philadelphia more closely with Pope Benedict XVI. Resolved, by the Council of the City of Philadelphia, that we declare Thursday, December 13, 2007 as Cardinal John P. Foley Day in the City of Philadelphia.
Further resolved, that an engrossed copy of this resolution be presented to his Eminence Cardinal John P. Foley. Signed by all members of City Council, President of City Council, Ann Verna, and yours truly, Juan Ramos. Congratulations, your Eminence. (Applause.)
The Chair recognizes his Eminence for remarks. CARDINAL FOLEY: Thank you very much, Councilman Ramos, Council President Verna, Councilman Blackwell. It is truly an honor for me. Here I've lived in the Philadelphia area all my life -- well, at least up until I was 48 -- and I have never been in City Council before. What a nice way to come to City Council. So it's truly an honor for me and for -- I know I speak for Cardinal Rigali also, for the Catholics of the Archdiocese of Philadelphia, but I think Philadelphians, because in naming me a Cardinal, Pope Benedict XVI has shown recognition to the faith, the wonderful tradition that comes from this City, which has known religious liberty since the beginning. And I think all of us can be proud of the spirit of tolerance, of mutual respect and understanding which has existed in this City from its foundation. I know I am proud to be a Philadelphian, and I pray that that spirit may remain and that God may bless our wonderful City of Brotherly Love. Thank you very much. (Applause.)
Silence, please. We're continuing with our session. Thank you. The Chair now recognizes Councilman DiCicco, who will present a of the Arts' School of the Theatre Arts on the occasion of their 25th anniversary. I would ask Dean Rick Lawn and those accompanying him to please join the Councilman at the podium. COUNCILMAN DiCICCO: Thank you and good morning. This is a resolution honoring, recognizing and celebrating the University of the Arts' School of Theatre Arts on the occasion of its 25th anniversary. Whereas, the University of the Arts is the nation's only university devoted exclusively to education and professional training in the media and performing arts. Located in the heart of Philadelphia, the University of the Arts was founded in 1987 through the consolidation of two century-old institutions, the Philadelphia College of Performing Arts and the Philadelphia College of Arts. Offering undergraduate and graduate degrees, the University assume careers in traditional and emerging arts and related fields; and
Whereas, Dr. Walter Dallas founded the School of Theatre Arts in 1983 as part of the Philadelphia College of Performing Arts. Dr. Dallas was followed by Paul Berman, and Gene Terruso is the current Director of the school; and Whereas, the School of the Theatre Arts trains practitioners for the live theatre, entertainment media, communication production through its four highly focused programs of Acting, Design and Technology, Musical Theatre and Theatre Management, and Production. Through these programs, SOTA is committed to developing the skills and professionalism of its students and preparing them for careers in the theatre and related fields or for advanced study in graduate or conservatory training;
Whereas, a professional approach to training and a highly rigorous standard for evaluation and retention. The season of subscription and studio productions serves as an important means of gauging a student's growth in his or her respective program. Our efforts both in the classroom and on stage are enhanced by participation and involvement with the Philadelphia community through a range of outreach efforts. The school has produced dozens of recognized, highly successful artists, many of whom remain in Philadelphia to develop the artistic environment of the City. Now therefore COUNCILMAN DiCICCO: Resolved, that the Council of the City of Philadelphia, honors, recognizes and celebrates the University of the Arts' School of Theatre Arts on the occasion of its 25th anniversary. Further resolved, that as evidence of the sincere sentiments of body, engrossed copies of this resolution be presented to the University of the Arts. Certification, this is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 20th of September 2007. Presented by Council President Anna C. Verna, introduced by myself, Councilman Kenney and Councilwoman Blondell Reynolds Brown, co-sponsored by all members of City Council. Congratulations. (Applause.)
The Chair recognizes Dean Lawn for remarks. DEAN LAWN: Good morning and thank you, Council President Verna, and good morning to all of you distinguished Councilmembers and invited guests. On behalf of the College of Performing Arts and our new President who joins us today, Sean Buffington, I extend our heartfelt for making this a very special occasion for the University of the Arts' School of Theatre Arts as we celebrate our silver anniversary. I've often thought about how similar our commitments as civic leaders are. To be simple, we strive to make society better. While the specific nature of our responsibilities and ways in which we accomplish this mission are obviously different, there is a similarity in terms of this fundamental civic duty. Our charge is to provide audiences with a window into the human condition, both past, present and future. We regularly take audiences on journeys that inspire them to think about interpersonal relationships, history and life's many challenges, while also helping them to experience or perhaps even rediscover the importance and joy of feeling a wide range of human emotions. you laugh, we make you cry, we make you think, and I'm sure at times we even make you angry, and we do this because there is nothing more in life that we would rather do, and we are able to do this because you have fulfilled your civic responsibility by fostering one of the nation's most vibrant performing arts districts on the Avenue of the Arts. And we are particularly grateful to the Council who have helped us to create the Skyline Performing Arts Center. We are partners in a shared mission. Our entire theatre season underscores Philadelphia themes. So while we celebrate our 25th year tradition, we also commemorate our City. How do we know we are successful in this mission? In what I consider to be a relatively short time, a mere 25 years, which I would remind you barely exceeds the entire lifetime of our current seniors, we can claim a number of without saying that our students, alumni and faculty are regularly showcased in the Philadelphia and regional theatres, but we are also proud to point to alumni stars who have seen success on stage and screen, including recent television shows and film such as The Office, Ugly Betty, Wedding Bells, NYPD Blue, ER, Commander in Chief, American Idol, Without a Trace, the Stepford Wives, the Sixth Sense and a long list of others, including Broadway and off-Broadway productions. You have helped us to make these 25 years incredibly rich and memorable. Under the current leadership of Gene Terruso, Director of the School of Theatre Arts, and his faculty, we are building on the accomplishments and the tradition of those like Dr. Walter Dallas, who joins us today, who preceded us. I can assure you, however, we've only just begun. Thank you again for making this very, very special day for us at the University of the Arts, and may we all continue to find joy and fulfilling opportunities in fulfilling our civic responsibilities. Happy holidays, everyone. (Applause.)
I believe I recognize Federal Judge Savage in the audience. May I say welcome, nice to see you. (Applause.)
Thank you, Madam President. I speak on behalf of Councilwoman Campbell. As you know, she has a bad cold and has been ill and has laryngitis, so we will speak on her behalf. Last week this Council passed a A. Brady for a lifetime of service, and certainly since he was called to Washington last night, he's unable to be here, we want to show him his respect, and per her request, mine and all who are here, we ask that we respect him and his achievements by standing to give him an ovation.
Thank you. All members will please stand for the recognition of the resolution. (Standing ovation.)
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. In our efforts here to be courteous to special guests, I'd like to bring to the attention Mr. Terry Mayfield, who is here with his son, an eighth grade student at Delaware County School, who wishes one day to sit in the legislative body. So we'd like to ask them to stand. And we would be remiss not to acknowledge the presence of our former colleague, Councilman Angel Ortiz. (Applause.)
Thank you. The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages 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 December 7, 2007, I signed the following bill that was passed by Council at its session on November 29, 2007: Bill No. 070827; and I am pleased to advise you that today, December 13, 2007, I signed all of were passed by Council at its session on November 29, 2007, except 070937; and I am transmitting for the consideration of your honorable body a resolution approving the redevelopment contract for the redevelopment and urban renewal of a portion of the Ellsworth Urban Renewal Area; and A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority for the redevelopment and urban renewal of a portion of the New Kensington/Fishtown Urban Renewal Area; and A resolution approving the redevelopment contract for the redevelopment and urban renewal of a portion of the Old City Redevelopment Area.
Thank you. The messages will be printed in the Journal. Does the Chief Clerk have 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 have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I introduce one resolution on your behalf.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution approving the redevelopment contract of the Redevelopment Authority, the City of Philadelphia, for the redevelopment and urban renewal of a portion of the Ellsworth Urban Renewal Area.
The Chair recognizes Councilwoman Blackwell for a motion.
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 Greenlee.
Thank you, Madam President. I actually changed from what I said in caucus. I introduce one resolution, please.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located, and the ground and buildings with the improvements thereon, in the 4th Ward of the City of Philadelphia.
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.) (Councilwoman Campbell abstained.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have one resolution.
The Chief Clerk will please read the title of the resolution.
A resolution recognizing, honoring and celebrating the Violence Free Alliance for their vision and through a collaboration of diverse organizations dedicated to addressing the current entrenched epidemic of violence in 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.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Savage.
Thank you, Madam President. I offer two resolutions today.
The Chair thanks the gentleman. The Chief Clerk will please read the title of the resolutions.
A resolution authorizing the use of Neighborhood Transformation Initiative bond proceeds for the acquisition of 3051-3053 Hutchinson Street and 3059, 61 and 68 Percy Street.
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.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 7th, 18th, 19th, 23rd, 31st, 37th and 43rd Wards 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 indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer one resolution.
Thank you. The Chief Clerk will please read the title.
A resolution approving the redevelopment contract of the Redevelopment Authority, the City of Philadelphia, for the redevelopment and renewal of a portion of the Old City Redevelopment Area.
The Chair again recognizes Councilman DiCicco. COUNCILMAN DiCICCO: 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 Councilwoman Brown.
Thank you, Madam President. I offer no bills or resolutions this morning.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution declaring January 6, 2008 Three Kings Day in the City of Philadelphia.
Thank you, Madam President. I move for 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 calling on the United States Congress and the President of the United States to declare March 31st as a national holiday in honor of the late great farm worker leader Cesar Chavez.
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 Campbell.
Madam President, four resolutions. I have four resolutions.
The Chief Clerk will please read the title of the first resolution.
A resolution authorizing the Committee on Education to hold public hearings on the situation at the Thomas Mifflin Elementary School.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution honoring Mitchell Allen for his lifetime of exceptional longstanding commitment and his tireless dedication to improve the quality of life for the youth throughout Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution honoring the African Episcopal Church of St. Thomas on the occasion of their 215th year anniversary.
The Chair again recognizes Councilwoman Campbell.
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.)
And a resolution honoring and commending Reverend Ellis I. Washington on his election as the President of the Black Clergy of Philadelphia and Vicinity.
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. Is Councilman O'Neill in the room? (No response.)
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 16th, 28th 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.)
And a resolution approving the redevelopment contract for the redevelopment and urban renewal of a portion of the New Kensington/Fishtown Urban Renewal Area.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 37th Ward of the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 28th and 47th 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 O'Neill.
Thank you. The Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution recognizing, honoring and celebrating the Traffic Club of Philadelphia on the occasion of their 100th year anniversary.
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 say aye. (Aye.)
The ayes have it and the resolution is adopted. We will now proceed under a special order of business. Council will reconsider the vote -- at this time, the Chair recognizes Councilwoman Blackwell. One moment, please. Today is one of those days. We will now proceed. 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 Reading Calendar. 12/13/07 - STATED - 2ND READING Therefore, the Chair recognizes Councilwoman Blackwell for the purpose of calling up the bills on Second Reading and Final Passage.
Thank you, Madam President. Today our Calendar begins on . We will hear the first bill listed, 050341-AA. The next bill to be considered is on , Bill No. 040904-AAAA. The next bills to be considered are , Bill Nos. 070203-A and 071005-A. Our Calendar continues on . We will consider the bill at the bottom, Bill No. 050303. We will skip . We'll skip . On , we will hear the bill at the bottom, Bill No. 070540. On , we will hear Bill Nos., starting at the middle of the page, 070940, 941 and 942. On , we will consider Bill Nos. 070994 and 936 and 943. On , from there to we will hear all bills. They are Bill Nos. 070944, 946 and 948. , Bill 12/13/07 - STATED - 2ND READING Nos. 070957, 998, Bill No. 071081 and 082. On , Bill No. 071083, 070987, 988 and 989. On , Bill Nos. 070990, 991, 992 and 993. On , Bill Nos. 070995, 996, 997 and 071006. On , Bill Nos. 071007, 070390, 556, 679 and 870. On , Bill Nos. 070876, 914, 999, 071085. And, finally, on , 071002. All other bills are being held.
Thank you. At this time, I would ask the Chief Clerk to please read the title -
Thank you, Madam President. I would like to seize this time to ask the sponsor of Bill Nos. 070955-AA and 070956-A why they're not being called up for a vote, and I have a subsequent question. 12/13/07 - STATED - 2ND READING
Councilwoman, the reason they're both not being called up for a vote is, there's a very high likelihood we're going to have another session and I was asked as an accommodation by Fox Chase Cancer Center, the party of interest, to instead of holding -- assuming this was our last session, instead of holding both bills, to move forward with the master plan zoning bill and hold the second bill, which is the agreement lease with the City and let it go into the beginning of the new term. If we can get both done in another week, I think it's only right to give the accommodation to do that. So before we adjourn today, I will know whether I'm holding one bill or both. And if we are going to have another session, I would hold both so they could run together.
Okay. Thank you, Councilman O'Neill. I raise the issue, Madam 12/13/07 - STATED - 2ND READING President, because during the hearing in the Parks and Recreation Committee, it was clear that Fox Chase more than met the goals with the Equal Opportunity Plan and I needed to know if holding it would put at risk the more than 3,000 jobs that potentially will be tied to this project.
The project, which Fairmount Park approved in the spring of '05 and which I and two community associations have been working on for the last two and a half years after Fairmount Park and the Commerce Department reached an agreement with the hospital on the business terms of the lease, those jobs have always been at risk, but I am told by the hospital that they expect what they asked me to do last night, which was move the one bill and then let the other, if this was our last session, go into the next term, we would be fine. I heard that right through their attorney, and I asked the specific question of them that Councilwoman just 12/13/07 - STATED - 2ND READING asked of me.
So that I'm clear, so the City will not be at risk in losing those more than 3,000 jobs by holding it, should we have to, until the next session?
No, and that's why I wanted to reach that accommodation on the zoning bill if we were going out of session, so they would know that we were serious about this and wanting to accommodate their interest.
The Chair recognizes Councilman Goode for a point of information.
If I could ask the sponsor a couple of questions. One, there has been some discussion in the media and some discussion among a few Councilmembers about the possibility of a special session. There is not yet a special 12/13/07 - STATED - 2ND READING session, and generally when there is a special session, we hold a special session limited to one issue rather than continue the entire Calendar. And I don't understand how Fox Chase could know and contact you last night if we might be having a special session -
-- when we have not decided that we're going to have a special session yet. So Fox Chase wants to move the project forward. This is supposed to be our last session. This is a project with a ton of jobs where there was a substantial Economic Opportunity Plan negotiated, and either we're going to move forward or we're not going to move forward, and this may be the last opportunity to move forward of this term.
Yes. Having insisted on that Economic Plan, I'm very aware of it. The conversation I 12/13/07 - STATED - 2ND READING had with the party, Fox Chase Cancer Center, last night was at a time when I was not aware that there might be a another session, so what I said -- it was really a two-tiered answer. One was if there were no more sessions after today, the request was could I run the bill and Council vote on the master plan zoning bill, hold the second bill to the beginning of the next term, and I just added because we may have another session next week, before we adjourn today, I will hold both of them if we're having another session. I will go back to my original agreement at their request last night, that the one bill run and the other bill be held.
And the request is made for holding the second bill why?
I asked the hospital if there was some information, and they just asked that I state that it was at their request. 12/13/07 - STATED - 2ND READING
So we don't know why we'd be holding the second bill, although it's a major -
I think if we're going to have to bring them in to ask why, we would need a -
The hearing process is over. We're at the point where it's on the Calendar and what's supposed to be the last day of the term. We at least deserve to know why a major project like that would be held.
-- I just told you why. I can't give you any more information than they gave me.
That it was being held at their request and they were happy and content to move forward with the second bill in the next term. 12/13/07 - STATED - 2ND READING
Madam President, in the rules of Council, can any member call up that bill?
Under the rules of Council, can any member call up that bill?
Okay. I would ask the Chief Clerk to please read the title of Bill No. 050341-AA.
An ordinance amending Title 14 of The Philadelphia Code by adding a new section, entitled 12/13/07 - STATED - 2ND READING "Lower and Central Germantown Special District Controls," all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 040904-AAAA.
An ordinance amending Title 9 of The Philadelphia Code concerning the use of mercury in dental procedures and requiring dentists to install systems that permit the recycling of mercury waste, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill 12/13/07 - STATED - 2ND READING pass finally. The Chief Clerk will please call the roll.
Aye. Councilman Rizzo, how are you voting on this bill?
The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. Councilman O'Neill, you want to hold off on calling Bill No. 070955-AA?
Thank you. The Chief Clerk will please read the title of Bill No. 070203-A.
An ordinance amending Chapter 19-1300 of The Philadelphia Code, entitled "Real Estate Taxes," to provide for a homestead exemption with respect to City real property tax, under certain terms and conditions. 12/13/07 - STATED - 2ND READING
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. The Chief Clerk will please read the title of Bill No. 071005-A.
An ordinance amending Title 7 of The Philadelphia Code by requiring that certain developments provide a certain percentage of those units for affordable housing or provide other options for affordable housing, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll. 12/13/07 - STATED - 2ND READING
Just a moment, please. Councilwoman Krajewski, you want to be recognized?
I'm sorry, Madam President, but I've been busy on the telephone. Please excuse me. I would like to be recorded as voting no.
A majority of all members having voted -(Applause.)
A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 050303.
An ordinance amending Chapter 19-1300 of The 12/13/07 - STATED - 2ND READING Philadelphia Code, entitled "Real Estate Taxes," by providing for an Economic Opportunity Plan as a condition for the grant of certain tax abatements, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 070540.
An ordinance reestablishing a neighborhood improvement district in an area that generally includes both sides of Frankford Avenue from Torresdale Avenue to Bridge Street, all under certain terms and conditions.
Before calling the roll, we'll allow our 12/13/07 - STATED - 2ND READING guests to leave so we can be heard. (Pause.)
I would ask the Chief Clerk to please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. The Chief Clerk will please read the title of Bill No. 070940.
An ordinance authorizing transfers in appropriations for Fiscal Year 2007 within the Water Fund to certain or all City offices, departments, boards and commissions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. 12/13/07 - STATED - 2ND READING We will now consider Bill No. 070941.
An ordinance authorizing transfers in appropriations for Fiscal Year 2007 within the Aviation Fund to certain or all City offices, departments, boards and commissions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman DiCicco. 12/13/07 - STATED - 2ND READING COUNCILMAN DiCICCO: Aye.
Councilwoman Reynolds Brown. 12/13/07 - STATED - 2ND READING
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 070942.
An ordinance authorizing transfers in appropriations for Fiscal Year 2007 from the General Fund - provisions for other grants and from the Community Development Fund - to be allocated to the General Fund, certain 12/13/07 - STATED - 2ND READING or all City offices, departments, boards and commissions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. I would ask the Chief Clerk to please read the title of Bill No. 070994. Councilman DiCicco, you want to be recognized? COUNCILMAN DiCICCO: Thank you, Madam President. I would ask permission to speak on this bill.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. Needless to say, it's been an interesting week. Last Thursday I asked 12/13/07 - STATED - 2ND READING this Council to adopt a historic amendment in Philadelphia. All of you supported me, and for that I thank you. What a week it's been since then. I'll admit that the amendment I proposed isn't perfect, that it doesn't necessarily effect the change that we'd like in and of itself, but it's a strong symbol of this body's dedication to the issue. We want Philadelphia to be built by Philadelphians and we want our job sites to resemble our diverse neighborhoods. It's not complicated, nor should it be. Governor Rendell commented earlier this week that minority inclusion and organized labor should not be mutually exclusive. He's right, they shouldn't be. Unfortunately, under Mr. Gillespie's leadership they have been. That has to change and it has to come from the top. Against my better judgment, I am agreeing to hold this bill. When we prepared this speech, Madam President, my 12/13/07 - STATED - 2ND READING comments were until next week, but I will be holding it nonetheless. We may resolve it today. I'm not certain of that, but if we hold it to next week, we will meet with the Governor, Representative Dwight Evans, Senator Anthony Williams, Senator Fumo, the unions and several of my colleagues. Over the years I've seen these men in the Building Trades threaten, harass and disrespect this body and our legislative process. In fact, one of them threatened my family and me just yesterday, and I don't take his threats lightly, because in the past, although I was not able to prove, damage has been done to my property and disrespect has been shown to my family by one union leader in particular who made the threats yesterday. I will not continue to entertain their whims, nor their arrogance. In fact, I will go further and say that these men have caused the 12/13/07 - STATED - 2ND READING problem. If Mr. Gillespie had acted appropriately last week, maybe we wouldn't be here today. Maybe if he had come in with information, if he had made an effort to address our concerns or if he had taken responsibility for the state of the trades, we wouldn't have gotten here. Since Mr. Gillespie and several union members have in the past spent untold amount of money and used their members to defeat members of this body, I think it's appropriate that I ask that the trades stand up to Mr. Gillespie and replace him with an appropriate leader. And if they did, maybe we wouldn't be here again. It's unfortunate that so many good men and women are represented in the trades by someone who is less responsible. The Convention Center is an important project for the City of Philadelphia. I would prefer, I would prefer to see it built by union labor, 12/13/07 - STATED - 2ND READING but I also want it built by Philadelphians for Philadelphia, and I want the job sites to resemble the diverse city of our neighborhoods. If the unions can guarantee that, I am happy to step aside. If they can't, however, we're going to go down this road again next week, and everyone in this Chamber will have to make a decision on how they vote, either hold the trades responsible for their membership and approve the Convention Center agreement or kill the Center and continue to allow the trades to walk all over us. I, for one, have had enough. I think this body should feel the same. Thank you, Madam President, and I will be asking that the bill be held. (Applause.)
All right. There was applause and I couldn't hear. COUNCILMAN DiCICCO: I'm asking that the bill be held. 12/13/07 - STATED - 2ND READING
Very well. I would then ask the Chief Clerk to please -
Yes. I'm sorry. I didn't realize other people wanted to be recognized. Councilman Ramos.
Madam President, thank you for calling on me. I have a tremendous amount of respect for all the members of this Council that I have served with in the last four years, and definitely I have an extreme amount of respect for my friend and colleague, Councilman DiCicco, but I cannot allow his statement just to stand alone in the record books of this Council without me standing up for an organization that I have been a part of for many years, most of my adult life, out of the Laborers Union. I sure hope 12/13/07 - STATED - 2ND READING that my friend, Councilman DiCicco, did not mean to say that everyone in the Building Trades as separate organization -- Mr. Gillespie said there were 40-some members of the Building Trades. I met yesterday with a number of labor leaders who have a tremendous amount of respect for Mr. DiCicco and a tremendous amount of respect for this body. I think that the majority, the overwhelming majority, of the leaders of the Building Trades have no personal animosity towards my colleague, Mr. DiCicco. I will say that I belong to a labor union who's had -- that I believe he holds in high esteem, the Laborers Union. And I just want to be on record saying that the Building Trades organization as such is a proponent of workers' rights. We might not be perfect. There might be incidents that I don't care for or I don't see in good light over the years when it comes to 12/13/07 - STATED - 2ND READING relationships. However, that type of relationship with certain members of the Building Trades and my colleague apparently has not gone away. I wish it would. But I just want to be on record saying that the Building Trades organization that I know, that I've lived with all these years, particularly the Laborers International Union, Local 332, that I don't share the view and I don't want the view of this Building Trades organization to be just classified in the way that Councilman DiCicco expressed in his statement a few minutes ago. Thank you, Madam President.
You're welcome. The Chair recognizes Councilman Goode.
Thank you, Madam President. As Councilman DiCicco asked to hold this bill, whether it's until later 12/13/07 - STATED - 2ND READING today or whether it's until next week, I think that we should make it perfectly clear why it's being held. We've put a lot of work over the last couple weeks on trying to make sure that there is a sound Economic Opportunity Plan attached to this legislation, and let me say for the record, as some people claim we were trying to solve this problem; namely, the Governor, the state Legislature and others, the Governor, the state Legislature and the Convention Center Authority sent the legislation to this Council without an Economic Opportunity Plan, and the plan they had, which was hidden within the binder that they had, said there will only be 13 percent minority participation. Now, since the last two weeks and the work this Council has put in, we've increased that from 13 percent to 35 percent minority participation on contracts and 40 percent in terms of workforce hours. So now everyone is in agreement with that. 12/13/07 - STATED - 2ND READING So the issue here is not necessarily the Economic Opportunity Plan, but the open shop provision. And I still believe we did the right thing last week. Whether we choose to amend today or choose to amend next week or whatever comes out of the Governor's negotiation session, but the issues at hand, which we will discuss today and possibly discuss next week, is whether membership in the Building Trades is actually a vehicle for economic inclusion or whether it's a barrier to economic inclusion. That's a tough, tough question to answer, because we already know that for some it's a vehicle and for others it is a barrier. And since we could not get sound numbers, we're left up to the numbers that appear in the Philadelphia Inquirer today, gotten from the EEOC, which says that the 12 referral unions that were surveyed, they can't give out individual union information, but it says that the Building Trades are only 8.2 percent 12/13/07 - STATED - 2ND READING minority and only 6 percent black, only 1.8 percent Hispanic and 0.3 percent Asian and only 1 percent female. So the question is, how are we going to resolve the issue that membership in the Building Trades is in fact a vehicle for economic inclusion for some but a barrier for others.
Thank you. Councilwoman Campbell, your light is on. Did you want to be recognized?
I would ask that you bear with me, because it's very difficult for me to speak.
But I feel that I must. 12/13/07 - STATED - 2ND READING First of all, let me, to Councilman DiCicco, say that I will reiterate what I said to Mr. Gillespie the other day, is that we cannot function without reciprocal respect. We have always given respect to the unions, and I expect it to be reciprocal with the unions giving respect to us. If it has not been at the level sometimes it should have been, then they must deal with this or they cannot come to us for assistance. Let me go on. I heard these names of this meeting that is projected for Monday. As an official of the democratic party, not speaking just as a Councilperson, I have a problem with that, because all the names I heard were democratic people. This is morally wrong. You didn't just get democratic votes to get that money from the state, and both parties cooperated, and I feel that both parties should be represented in any meeting that they have regarding this Convention Center. Discrimination 12/13/07 - STATED - 2ND READING in any form is intolerable, and this is discrimination. I also think that if we're going to have representatives from Council speaking for us at that meeting, then the Councilmembers should have some input as to who is going to represent us. I do feel that Councilman Ramos should be a part, because he has the expertise. I realize he's a labor man, but he is also a Councilperson, and I would ask that you greatly consider this, because I think this has to happen for us to come out with a fair and just decision.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. First, just let me thank my colleague, Councilman Ramos, for reminding me of some of the labor support that I've received over the years, and if 12/13/07 - STATED - 2ND READING every local had the minority participation that the Laborers Union had in this town, we wouldn't have this -- we wouldn't be having this conversation. But when I receive a letter, just to make a point, from the Cement Masons Local Union Business Manager and President, Mike Fera, in response to a letter that I sent to Mr. Eiding, which I believe all my colleagues should have received a couple days ago, just one of his comments was, as far as Local 592 is concerned, Gillespie, Eidling or anyone else will not receive any statistics from my local union, period. So, I mean, that talks about the arrogance and why we can't get to the point where we should be in terms of minority and female participation. As to Councilwoman Campbell, I just mentioned names of folks that I understood would be at that meeting. I'm not setting the agenda, but I do know, having conversation with Council 12/13/07 - STATED - 2ND READING President Verna yesterday, that our colleague from the republican side of the aisle, the minority leader, Councilman O'Neill, is, I understand, expected to be attending that meeting as far as this legislative body is concerned. As for the state Legislature and Senators, again, I assume that was the Governor's decision, but it's only an assumption. But it wasn't done on my behalf. I didn't set the agenda. Thank you, Madam President.
You're welcome. We could go on then with our Calendar. I would ask the Chief Clerk to please read the title of Bill No. 070936.
An ordinance approving the fourteenth amendment of the redevelopment proposal for the Mantua Urban Renewal Area.
This bill having been read on two different days, the question now is shall the bill 12/13/07 - STATED - 2ND READING pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 070943.
An ordinance approving the second amendment of the redevelopment proposal for the Wister III Urban Renewal Area.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. The noise level is much too high. Anybody having conversations, please do so in the corridor. Thank you. 12/13/07 - STATED - 2ND READING We will now consider Bill No. 070944.
An ordinance approving the eighth amendment of the redevelopment proposal for the Morton Urban Renewal Area.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman DiCicco. COUNCILMAN DiCICCO: Aye. 12/13/07 - STATED - 2ND READING
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 070946.
An ordinance approving the tenth amendment of the redevelopment proposal for the Nicetown Urban Renewal Area.
This bill having been read on two different days, the question now is shall the bill 12/13/07 - STATED - 2ND READING pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 070948.
An ordinance amending Section 14-102 of The Philadelphia Code, entitled "Definitions," by amending the definition of "Night Club," all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 12/13/07 - STATED - 2ND READING 070957.
An ordinance approving the fourth amendment of the redevelopment proposal for the Brewerytown Urban Renewal Area.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 070998.
An ordinance approving the plan, estimated costs and proposed method of assessment and charges for the Center City District, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill 12/13/07 - STATED - 2ND READING pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 071081.
An ordinance amending Chapter 19-3200 by renaming said Chapter "Keystone Opportunity Zone, Economic Development District and Strategic" -
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 071082. 12/13/07 - STATED - 2ND READING
An ordinance authorizing the Philadelphia Municipal Authority and the improvements thereon located 91 North 48th Street, Philadelphia, Pennsylvania.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 071083.
An ordinance authorizing the Commissioner of Public Property, on behalf of the City and in cooperation with the Philadelphia Municipal Authority, to undertake a project consisting of the acquisition, design, construction, equipping and leasing of the youth center facility at 12/13/07 - STATED - 2ND READING 91 North 48th Street, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays will zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 070987.
An ordinance establishing a parking regulation on Douglas Street, west side, Brandywine Street to Spring Garden Street.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having 12/13/07 - STATED - 2ND READING voted in the affirmative, this bill passes. We will now consider Bill No. 070988.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 17-S, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. The Chief Clerk will please read Bill No. 070989.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan Nos. 387 and 402. 12/13/07 - STATED - 2ND READING
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 070990.
An ordinance amending Section 2 of an ordinance, Bill No. 020430, by extending the period for compliance with the terms and conditions stated therein.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill 12/13/07 - STATED - 2ND READING passes. The Chief Clerk will please read the title of Bill No. 070991.
An ordinance authorizing Evangelismos Theotokos Greek Orthodox Church to legalize the construction, operation and maintenance of an existing raised platform entrance.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman 12/13/07 - STATED - 2ND READING DiCicco. COUNCILMAN DiCICCO: Aye.
Councilwoman 12/13/07 - STATED - 2ND READING Reynolds Brown.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. I would ask the Chief Clerk to please read the title of Bill No. 070992.
An ordinance authorizing LaSalle University to construct, own and maintain an overhead pedestrian bridge crossing the 5600 block of East Wister Street, under certain 12/13/07 - STATED - 2ND READING terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 070993.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan Nos. 361 and 367.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill 12/13/07 - STATED - 2ND READING passes. We will now consider Bill No. 070995.
An ordinance amending an ordinance, Bill No. 060935, approved February 22, 2007, by deleting Section 5 in its entirety.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman DiCicco. 12/13/07 - STATED - 2ND READING COUNCILMAN DiCICCO: Aye.
Councilwoman Reynolds Brown. 12/13/07 - STATED - 2ND READING
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 070996.
An ordinance amending an ordinance, Bill No. 060937, approved February 22, 2007, by deleting Section 5 in its entirety.
This bill having been read on two different 12/13/07 - STATED - 2ND READING days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilwoman Tasco. (No response.) 12/13/07 - STATED - 2ND READING
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 070997.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 97, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 12/13/07 - STATED - 2ND READING 071006.
An ordinance amending Section 2 of an ordinance, Bill No. 050516, approved June 29, 2005, by extending the period for compliance with the terms and conditions stated therein.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman DiCicco. COUNCILMAN DiCICCO: Aye. 12/13/07 - STATED - 2ND READING
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 071007.
An ordinance authorizing the Water Commissioner, on behalf of the City, to enter into an agreement with the owners of 4641 East Roosevelt Boulevard, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. 12/13/07 - STATED - 2ND READING The Chief Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having 12/13/07 - STATED - 2ND READING voted in the affirmative, this bill passes. We will now consider Bill No. 070390.
An ordinance amending Section 9-605 of The Philadelphia Code related to "Towing," all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman 12/13/07 - STATED - 2ND READING DiCicco. COUNCILMAN DiCICCO: Aye.
Councilwoman 12/13/07 - STATED - 2ND READING Reynolds Brown.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 070556.
An ordinance amending Bill No. 040595, approved June 15, 2005, to prohibit certain towing upon the establishment of a rotational towing system. 12/13/07 - STATED - 2ND READING
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. The Chief Clerk will please read the title of Bill No. 070679.
An ordinance amending Chapter 10-1200 of The Philadelphia Code, entitled "Posting of Signs," all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill 12/13/07 - STATED - 2ND READING passes. We will now consider Bill No. 070870.
An ordinance amending Title 4 of The Philadelphia Code, entitled "The Philadelphia Building Construction and Occupancy Code," by adding a new subsection requiring installation of carbon monoxide alarms, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 070876.
An ordinance amending Section 9-618 of The Philadelphia Code by requiring proof of 12/13/07 - STATED - 2ND READING lawful age prior to any purchase of spray paint or indelible marker, all under certain terms and conditions.
Let's keep the noise level down, please. This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 070914.
An ordinance amending Chapter 10-200 of The Philadelphia Code, entitled "Ethnic Intimidation and Institutional Vandalism," all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill 12/13/07 - STATED - 2ND READING pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 070999.
An ordinance authorizing the President of the Fairmount Park Commission and the Executive Director of Fairmount Park, on behalf of the City of Philadelphia, to enter into a ground lease and develop and operate a museum about the Underground Railroad, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having 12/13/07 - STATED - 2ND READING voted in the affirmative, this bill passes. We will now consider Bill No. 071085.
An ordinance authorizing the President of the Fairmount Park Commission and the Executive Director of Fairmount Park, on behalf of the City of Philadelphia, to enter into a lease with the Overbrook Park Civic Association.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider our last bill, 071002.
An ordinance amending Title 15 of The Philadelphia 12/13/07 - STATED - 2ND READING Code, entitled "Parks and Recreation," by requiring -
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. It is my understanding that we have just received a letter from the Mayor. I would ask the Chief Clerk to please read that communication.
To the President and members of the Council of the City of Philadelphia, I am today returning signed Bill No. 070937 that was passed by Council at its session on November 29, 2007.
Thank you. Does anyone want to be 12/13/07 - STATED - 2ND READING recognized now, because I'm going to be calling a recess? Councilman Savage.
Thank you, Madam President. I have placed a report on all Councilmembers' desks which summarizes the findings and offers possible solutions to problems identified in testimony from October 16th's L&I Committee hearing which dealt with Resolution No. 070355. The hearing explored improving the delivery of services in the permit process at L&I. The report is a blueprint for reform and progress in a discrete area of the Department of Licenses and Inspections. I hope my colleagues review the report and consider the recommendations for future improvement. Thank you.
Thank you. It is now 12:24. We will recess until 2:30. So we will now stand 12/13/07 - STATED - 2ND READING in recess until 2:30.
Madam President, what would be specifically the purpose of the meeting at 2:30, for the record?
We will discuss that. Thank you. (Recess from 12:24 p.m. to 2:30 p.m.) MR. McPHERSON: The Stated Council will be recessed for another hour, until 3:30 today. Thank you. (Recess from 2:30 p.m. to 3:45 p.m.) MR. McPHERSON: The Stated Meeting for the Committee of the Whole is in recess until 5 o'clock this evening. Thank you. (Recess from 5:00 p.m. to 9:45 p.m.) 12/13/07 - STATED - 2ND READING
Council is now back in session. I would ask the Chief Clerk to please read the title of Bill No. 070955-AA.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Burholme Avenue and Shelmire Avenue.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17 -- I'm sorry; 16. The nays are zero. Wait a minute. Councilwoman Campbell is not here. So it's 15. The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. Before we go any further and before we consider another bill, it's my 12/13/07 - STATED - 2ND READING understanding that we have received rather late a communication from the Mayor. I would ask the Chief Clerk to please read the communication.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that today, December 13, 2007, I signed the following bill that was passed by Council at its session on December 13, 2007: Bill No. 070936.
I would ask the Chief Clerk to please read -- Councilman DiCicco, your light is on. COUNCILMAN DiCICCO: Thank you, Madam President. I am asking that Bill No. 070994 be brought up for consideration at this time. I understand that there's an amendment that will be 12/13/07 - STATED - 2ND READING offered.
Thank you. Any objections from members of the body? (No response.)
None? I would ask the Chief Clerk to please read the title of the bill.
An ordinance authorizing the Director of Finance, Commissioner of Public Property and other officials of the City to execute either directly or through the Philadelphia Authority for Industrial Development various agreements, instruments of conveyance and other transactional documents by and among the City, the Commonwealth of Pennsylvania and the Pennsylvania Convention Center Authority, all under certain terms and conditions.
Thank you. The Chair recognizes 12/13/07 - STATED - 2ND READING Councilwoman Miller.
Thank you, Madam President. Madam President, I'd like to offer an amendment to Bill 070994.
Does everyone have a copy of the amendment? (Yes.)
I move that the amendment to Bill 070994 be approved. (Duly seconded.)
I request that I be recorded as aye on the previous bill that was voted on.
Thank you. 12/13/07 - STATED - 2ND READING Councilwoman Miller, would you move for the adoption of the amendment, please.
Well, I did. I move for the adoption of the resolution -- I mean of the amendment.
Madam President, I'd like to have the City Solicitor to come forward so that he can explain the amendment for the record.
Good evening. I'm Romulo L. Diaz, Jr., City Solicitor. The amendment before you 12/13/07 - STATED - 2ND READING addresses the concerns, I believe, of Councilmembers in connection with both union participation in the Convention Center expansion as well as the greater participation by minorities as well as women, not only in the Convention Center expansion project but throughout the City. Let me start with the first issue that's reflected in the amendment, Section 2. The open shop provision that was previously an amendment to the bill has been deleted through this amendment, but there are in connection with the amendments to Section 1 of the bill very strong new provisions that are intended to increase participation by minorities and women not only at this project but throughout the City. The first requirement of this amendment is that the Convention Center Authority enter into a Project Labor Agreement. The Project Labor Agreement will provide for the following matters: 12/13/07 - STATED - 2ND READING One, it will reenforce and recognize the values that have been addressed by Council previously with regard to participation by women and minorities in the workforce. Secondly, it requires that the unions, who are signatories -- and we anticipate some 17 trade unions who will be signatories to the Project Labor Agreement -- it would require to commit to the same aspirational goals that Council has previously approved with respect to the Economic Opportunity Plan. Thirdly, it provides for greater participation through the increased use of apprenticeship and training programs. And, fourthly, and specifically requires that at least 350 new apprentices or trainees be employed through the unions and that there be quarterly progress reports on compliance with each of these goals filed with City Council. Three hundred and fifty 12/13/07 - STATED - 2ND READING apprentices or trainees represents about a quarter of the anticipated construction workforce at the expansion project. Paragraph B of 1 requires that in connection with the concerns that have been expressed by Councilmembers recently, that each participating labor union must agree to identify its membership, as well as the demographics of its membership, to the extent permitted by law. Paragraph C indicates that in addition because there are these continued concerns about participation by minorities and women in trade unions, that each of the participating 17 trade unions must prepare a diversity plan, approved by Council by resolution, before any of the 17 trade unions will be permitted to execute the Project Labor Agreement. And in connection with these inclusionary goals that are to be incorporated into the diversity plan, there will also be compliance sanctions 12/13/07 - STATED - 2ND READING in the event there is non-compliance. Basically, this represents, it seems to me, a very ambitious and I believe legally permissible approach to increasing participation as discussed previously by Council. The diversity plan is one that is expected to have a life beyond the construction project, but it is through the Project Labor Agreement that the preparation of such a plan is to be required as a condition for the City's approval of the Convention Center agreement. That is a summary of the provisions, and I'd be pleased to respond to any questions. Thank you.
Thank you very much. Any questions of the Solicitor? Councilwoman Miller.
I'll ask Tasco ask her -- she has another question. 12/13/07 - STATED - 2ND READING
This agreement is between the City of Philadelphia and the Convention Center Authority. This is what we're passing. This is the agreement between the ordinance that we have for the provision of the Convention Center and the City and the Convention Center Authority?
There are three parties, Councilwoman, to this Convention Center agreement. It's the City, the Commonwealth and the Authority. But the Authority as the owner is anticipated to sign the Project Labor Agreement with the trade unions. So it's upon the Authority that these requirements with respect to the Project Labor Agreement would be implemented, but technically the agreement that is before Council -- and there are two -- each of these two agreements have three parties, and that's the City, the Commonwealth and the Authority.
Do we have 12/13/07 - STATED - 2ND READING an agreement with the state authority on this amendment? I mean, could they make this null and void, the state? I'm trying to get this stuff on the record. I understand it. I'm not harassing you. I just want a record here, because we need a record.
I understand, Councilwoman. We've had informal conversations throughout the day with the other parties to this agreement, the Convention Center agreement. I don't believe there has been any formal approval made by any other party to the agreement, but we have tried to work out these provisions in a way that respects the expected bid schedule, contract award schedule and construction schedule and yet stay within what we believe to be the legal parameters as to the authority of Council and City. We think this stays within those parameters. It takes into account the conversations that we've had with attorneys for the Authority and 12/13/07 - STATED - 2ND READING representatives of the Authority, but I wouldn't want to overstate that in fact this has been in any way officially sanctioned yet by the other party since it has just been developed as an amendment.
Does the state authority supersede the Council's authority in this matter?
We believe that on the basis of prior caselaw that the authority of the City in this context is one derived not from its regulation of business entities, for example, but because it is an owner of the project. We have skin in the game, if you will, to use the colloquialism. In addition to City land being involved, there are substantial City resources, financial resources, that are being provided throughout the term of the Convention Center agreement, as well as the operating agreement, which is also the subject of this ordinance. So we 12/13/07 - STATED - 2ND READING believe that this meets the caselaw expectations of what kinds of powers can be exercised through this approval of the ordinance, and, again, we believe, in consultation with attorneys for the Convention Center Authority, that this is permissible as part of the Council approval process.
You're welcome. It has been moved and seconded that the amendments to Bill No. 070994 as circulated be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it and the amendments are adopted. any statements that they would like to make? (No response.)
Seeing no one, the Chair recognizes Councilwoman Tasco for a motion.
Thank you, Madam President. I'd just like to say to our colleagues, Councilwoman Campbell, Councilman Savage, that we will miss them. They worked very hard for their constituents while they were here in City Council.
They're going to be with us, Marion, for at least another week.
And Juan. But we worked well with them, and I don't harder for people who they represent in this City Council, and I'd just like for us to give them a round of applause. (Applause.)
To tell you the truth, I'm really kind of tired. When Councilwoman Tasco said that, I remembered something that I had wanted to do. I wanted to thank every single member of this Council for the tremendous support that they gave me and the Fourth Councilmanic District. Because of them and because of the Mayor, we have been able to do extraordinary things in the Fourth Councilmanic District that will impact on their lives for years to come, and for that, I will always be humbly grateful to this great Council for the support that they gave us. Thank you.
I know everybody is tired and this isn't the last time that I'm going to see you, but I appreciate your comments and it's been a pleasure working with this body and growing up in politics, I always heard about the President here, Council President Ann Verna, and my parents always said she was a class act, and I knew you a small bit being a ward leader, but I really got to know you working in Council and you definitely are a class act and I thank you.
Thank you, Madam President. I just want to again -I think I've mentioned it twice today, because I had an opportunity this morning. The Bishop that I reached out to in Rome that I had never met in my life, sent him an e-mail and asked him how would he feel about being honored in City Council, and he responded and said, I'd be deeply honored. So I was able this morning to thank the people of Philadelphia for giving me this great opportunity to serve. Service is the best thing that a human being can do to his fellow man and woman, love God, love neighbor, serve God, serve neighbor, and that's what my life has been all about, or I tried to be as faithful to those principles of faith and that faith that my parents passed on to me. It has been a tremendous honor for me and a privilege to serve with all of you here and those here. David L. Cohen sat in front of me and we miss him. I know we miss him dearly. And he called me Councilman Rojas for about a couple months. So I have all kinds of fond memories of all of you, especially David Cohen. But this is a body that's very -I tell people, Well, you guys seem to fight a lot. I said, You know what? I have found this body to be, even during the toughest of times, very respectful towards each other and very caring and above all, that you all care for the people that you represent. I think we all care about the people we represent here sitting in this privileged place of history, this very privileged City in this world, Philadelphia. And to a very deep extent, I'm going to miss not being here, but just because of the results of the elections of May 15th for me doesn't mean that I abandon my vocation to public service, because I was doing public service since I was 18 years old. It's I did it with -- I was paid for it, and I enjoyed every minute being here, serving the people of Philadelphia and having colleagues as dear and committed as anyone else that I've met in this City. So to all of you, thank you so much for being my friend. Thank you.
I think our three colleagues deserve a standing round of applause. Thank you for all that you've done. You're going to around, I know. Thank you. (Standing ovation.)
Thank you so much. The Chair recognizes Councilman O'Neill.
Councilman Savage used a term describing you which was very accurate, but I think we all class acts, and we heard them all tonight. Thank you.
Thank you. COUNCILMAN DiCICCO: I'll reserve my comments until next week, but the three folks that will be replacing the three people that we just are acknowledging, just by way of background, when I first came to City Council, as you know, up until Councilman Campbell's election, I sat in that chair where she is now and I moved over so she could have access to that seat, but I sat next to Councilman Ortiz and then I sat next to Councilman Ramos, both of whom have lost an election, and since then I have moved to this side and I've sat next to Daniel Savage. So if you're listening, be careful what seat you wish for. Pay attention to where I'm sitting. Thank you.
Thank you, Madam President. Sometimes when you're very tired, you don't think of everything, and I don't know how I didn't remember to say about my number one supporter, and that's you. You've been a wonderful President and you've made everything run so much smoother for me, and I shall never forget that.
We're going to try one more time. The Chair recognizes Councilwoman Tasco for a motion to adjourn.
Madam President, this Council is adjourned. There will be a special Council session on Wednesday, December 19, 2007 at 10:00. (Duly seconded.)
The ayes have it. Council is adjourned and we will call a special session for Wednesday, December 19th at 10 o'clock. Thank you very much. (Stated Meeting adjourned at 10:15 p.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 December 13, 2007, 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.)