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Minutes

Stated Meeting, December 13, 2007

Philadelphia City CouncilDec 13, 2007

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Greenlee. 12/13/07 - STATED - 2ND READING

Councilman Greenlee

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilman Savage. 12/13/07 - STATED - 2ND READING

Councilman Savage

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

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.

Chief Clerk

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.

Council President Verna

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.

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.

Council President Verna

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.

Councilman Ramos

Point of order, Madam President.

Council President Verna

Yes.

Councilman Ramos

Madam President, what would be specifically the purpose of the meeting at 2:30, for the record?

Council President Verna

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 President Verna

Council is now back in session. I would ask the Chief Clerk to please read the title of Bill No. 070955-AA.

Chief Clerk

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.

Council President Verna

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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilwoman Campbell. (No response.)

Chief Clerk

Councilman Clarke. 12/13/07 - STATED - 2ND READING

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Yes. Aye.

Chief Clerk

Councilman Kenney. (No response.)

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos. 12/13/07 - STATED - 2ND READING

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilman Savage.

Councilman Savage

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

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.

Chief Clerk

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.

Council President Verna

Thank you. (Applause.)

Council President Verna

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.

Council President Verna

Thank you. Any objections from members of the body? (No response.)

Council President Verna

None? I would ask the Chief Clerk to please read the title of the bill.

Chief Clerk

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.

Council President Verna

Thank you. The Chair recognizes 12/13/07 - STATED - 2ND READING Councilwoman Miller.

Councilwoman Miller

Thank you, Madam President. Madam President, I'd like to offer an amendment to Bill 070994.

Council President Verna

Does everyone have a copy of the amendment? (Yes.)

Council President Verna

A motion.

Councilwoman Miller

I move that the amendment to Bill 070994 be approved. (Duly seconded.)

Councilwoman Campbell

Madam President, I have my light on for a reason.

Council President Verna

Oh, I'm sorry.

Councilwoman Campbell

I request that I be recorded as aye on the previous bill that was voted on.

Council President Verna

Thank you. 12/13/07 - STATED - 2ND READING Councilwoman Miller, would you move for the adoption of the amendment, please.

Councilwoman Miller

Well, I did. I move for the adoption of the resolution -- I mean of the amendment.

Council President Verna

Is there a second? (Duly seconded.)

Council President Verna

Do you want to be recognized, Marion?

Councilwoman Tasco

Yes.

Council President Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Madam President, I'd like to have the City Solicitor to come forward so that he can explain the amendment for the record.

Council President Verna

All right. Mr. Solicitor.

Mr. Diaz

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.

Council President Verna

Thank you very much. Any questions of the Solicitor? Councilwoman Miller.

Councilwoman Miller

I'll ask Tasco ask her -- she has another question. 12/13/07 - STATED - 2ND READING

Councilwoman Tasco

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?

Mr. Diaz

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.

Councilwoman Tasco

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.

Mr. Diaz

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.

Councilwoman Tasco

Does the state authority supersede the Council's authority in this matter?

Mr. Diaz

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.

Councilwoman Tasco

Thank you, Madam President.

Council President Verna

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.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the amendments are adopted. any statements that they would like to make? (No response.)

Council President Verna

Seeing no one, the Chair recognizes Councilwoman Tasco for a motion.

Councilwoman Tasco

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.

Council President Verna

They're going to be with us, Marion, for at least another week.

Councilwoman Tasco

And Juan. I'm sorry, Juan.

Council President Verna

They're going to be with us for another week.

Councilwoman Tasco

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.)

Council President Verna

The Chair recognizes Councilwoman Campbell.

Councilwoman Campbell

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.

Council President Verna

Thank (Applause.)

Council President Verna

The Chair recognizes Councilman Savage.

Councilman Savage

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.

Council President Verna

Thank you.

Councilman Savage

And I thank everybody in this body.

Council President Verna

Thank you very much. (Applause.)

Council President Verna

The Chair recognizes Councilman Ramos.

Councilman Ramos

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.

Council President Verna

Thank you. (Applause.)

Council President Verna

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.)

Council President Verna

Thank you so much. The Chair recognizes Councilman O'Neill.

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.

Council President Verna

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.

Council President Verna

Thank Councilwoman Campbell.

Councilwoman Campbell

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.

Council President Verna

Thank you. Thank you very much. (Applause.)

Council President Verna

We're going to try one more time. The Chair recognizes Councilwoman Tasco for a motion to adjourn.

Councilwoman Tasco

Madam President, this Council is adjourned. There will be a special Council session on Wednesday, December 19, 2007 at 10:00. (Duly seconded.)

Council President Verna

All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

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.)