civus
Minutes

Stated Meeting, May 29, 2003

Philadelphia City CouncilMay 29, 2003

Properties mentioned in this record

Addresses spoken or written in this record, resolved to their property pages. Mentions with a timestamp jump to the exact moment.

Legislation acted on in this session

From the City of Philadelphia’s legislative record (Legistar). Each file links to its status, roll call, and official documents.

  • To adopt a Capital Program for the six Fiscal Years 2004-2009 inclusive.

  • To adopt a Capital Program for the six Fiscal Years 2004-2009 inclusive.

  • To adopt a Fiscal 2004 Capital Budget.

  • To adopt a Fiscal 2004 Capital Budget.

  • Adopting the Operating Budget for Fiscal Year 2004.

  • Adopting the Operating Budget for Fiscal Year 2004.

  • Amending an ordinance approved May 15, 2002 (Bill No. 020028), relating to the Fiscal 2003 Capital Budget by increasing and adding projects and amounts in certain departments.

  • Amending an ordinance approved May 15, 2002 (Bill No. 020028), relating to the Fiscal 2003 Capital Budget by increasing and adding projects and amounts in certain departments.

  • Amending an ordinance approved May 15, 2002 (Bill No. 020029), relating to the Capital Program for the six Fiscal Years 2003-2008, by increasing and adding projects and amounts in…

  • Amending an ordinance approved May 15, 2002 (Bill No. 020029), relating to the Capital Program for the six Fiscal Years 2003-2008, by increasing and adding projects and amounts in…

  • Amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternative tax computation for the business privilege tax, by reducing certain tax rates; all…

  • Amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternative tax computation for the business privilege tax, by reducing certain tax rates; all…

+88 more substantive items

People mentioned

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Organizations mentioned

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, May 29, 2003 11:00 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O, INCORPORATED LITIGATION SUPPORT SERVICES Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103

Council President Verna

I note that the hour has come and that quorum of this Council is present. Council will please come to order. Members will take their seats. To give our invocation this morning, the Chair welcomes the Reverend Joseph Barnes, Pastor of the Christian Faith Baptist Church. The Reverend Barnes is here today as the guest of Councilwoman Blackwell. Members and guests will please rise.

Reverend Barnes

Heavenly Father, we come before thee today, our heads bowed in humble submission to your will, asking that you would be present with us in all of the deliberations today. Guide each Councilmember one by one. Guide them in their thoughts, in their hearts, and in their minds. Guide them in all that they have to take care of on today. We pray, Lord, that you might allow them to have their discussions, raise their concerns with your will in mind. We pray, God, for peace. We pray, God, for cooperation. We pray, God, for an opportunity for the constituents that they represent have their needs met one by one. God, we thank you for all that has come forth to be done on today. In name, we pray. Amen.

Councilwoman Verna

The Chair thanks Pastor Barnes for his very inspiring invocation. Council will be at ease. (Council at ease.)

Councilwoman Verna

The next order of business is the approval of the Journal of the meeting of Thursday, May 15, 2003. And the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move that the Journal of the meeting of Thursday, May 15, stand approved. (Duly seconded.)

Councilwoman Verna

It has been moved and properly seconded that the Journal of the meeting of Thursday, May 15, 2003, stand approved. All in favor will indicate by saying aye.

Councilwoman Verna

Those opposed. (No response.)

Councilwoman Verna

The ayes have it and the Journal of the meeting of Thursday, May 15, 2003, has been approved. of order of business is requests for leaves of absence. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. There are no requests for leaves of absence on the part of the Majority.

Councilwoman Verna

The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

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

Councilwoman Verna

The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all Members of City Council, I welcome you to our Council Session today. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. We certainly invite you to come again. The next order the business is the Sergeant-at-Arms for the purpose of delivering the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor. THE

Chief Clerk

To the President and Members of the Council of the City of Philadelphia, I am pleased to advise you that on May 29, 2003, I signed all the bills that were passed by Council at its Session on May 8, 2003. And I'm herewith returning to you unsigned the following bills passed by the Council on May 15, 2003: Bill No. 030016A and Bill NO. 030122. And I am pleased to advise you that on May 29th I signed the remaining bills that were passed by Council at its Session on May 15th. And a Resolution authorizing the Philadelphia Redevelopment Authority to use NTI bond proceeds to acquire certain properties, all under certain terms and conditions. And a Resolution approving the redevelopment contract and disposition supplement of the City of Philadelphia for the redevelopment and urban renewal of the Model Cities Urban Renewal Area. And a Resolution approving the Redevelopment Contract and Disposition Supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Model Cities Urban Renewal area. And an Ordinance authorizing transfers in appropriation for Fiscal Year 2003 within the General Fund from the Department of Revenue Sinking Fund Commission to the Sheriff. And an Ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to execute and deliver to the Redevelopment Authority of the City of Philadelphia without consideration a deed located in the northwest corner of Third and Fairmount Streets. And an Ordinance amending Title 11 of the Philadelphia Code, entitled "Streets," and Chapter 11-300, entitled "Board of surveyors," by amending Section 11-306, entitled "Schedule of Charges."

Councilwoman Verna

The messages will AND RES. be printed in the Journal. The Chief Clerk will please read any other communications in her possession. THE

Chief Clerk

That's all I have, Madam President.

Councilwoman Verna

Thank you. The next order of business is introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

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

Councilwoman Verna

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 signify by saying aye. (Aye.)

Councilwoman Verna

Those opposed? (No response.)

Councilwoman Verna

The ayes have it, AND RES. and the motion carries. The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. I offer one privileged Resolution.

Councilwoman Verna

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

Chief Clerk

A Resolution honoring Ann Rubin for her civic awareness and outstanding leadership during her years as an active member of the Greater Philadelphia Association of Realtors.

Councilwoman Verna

The Chair recognizes Councilman Kenney.

Councilman Kenney

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. AND RES. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. This morning, I introduce one Resolution on your behalf, and one Bill and one Resolution on my own.

Councilwoman Verna

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

Chief Clerk

An Ordinance amending Title 11 of the Philadelphia Code, entitled "Streets," and Chapter 11-300, entitled "Board of Surveyors," by amending Section 11-0306, entitled "Schedule of Charges."

Council President Verna

The Bill will be referred to the appropriate committee. THE

Chief Clerk

And a Resolution authorizing the Philadelphia Redevelopment Authority to use NTI bond proceeds to acquire certain properties, under certain terms and conditions.

Councilwoman Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the Resolution. AND RES.

Council President Verna

I'm sorry, I was distracted. That Resolution will be referred to the appropriate committee. The Clerk will please read the title of the Resolution. THE

Chief Clerk

A Resolution authorizing Commissioner of Public Property to execute and deliver to the Redevelopment Authority deed located in the 36th Ward of the City of Philadelphia.

Councilwoman Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have AND RES. it, and the motion carries. The Chair recognizes Councilman Cohen.

Councilman Cohen

Thank you, Madam President. I offer three bills, two sponsored by myself, cosponsored by a majority of Councilmembers. One Bill I offer on behalf of the President which was unanimously sponsored by all Members of the City Council.

Councilwoman Verna

Thank you. The Clerk will please read the title of the first Bill. THE

Chief Clerk

An Ordinance amending Chapter 19-1500 of the Philadelphia Code, entitled "Wage and Net Profits Tax," by decreasing in three stages the rates of the tax imposed upon certain low income persons.

Council President Verna

This Bill will be referred to the appropriate committee. THE

Chief Clerk

And an Ordinance amending 19-1500 of the Philadelphia Code, entitled "Wage and Net Profits Tax," by decreasing in six stages the rates of the tax imposed upon certain low income persons.

Council President Verna

This Bill will AND RES. be referred to the appropriate committee. THE

Chief Clerk

And an Ordinance amending Section 19-203 of the Philadelphia Code, entitled "Payroll Deductions," by authorizing City employee payroll deductions for payments to the administrator of any City-approved program under which City employees may make pre-tax payment of certain qualified transportation expenses.

Council President Verna

The Bill will be referred to the appropriate committee. The Chair now recognizes Councilwoman Krajewski.

Councilwoman Krajewski

Madam President, I offer one Bill.

Councilwoman Verna

The Clerk will please read the title of the Bill. THE

Chief Clerk

An Ordinance authorizing Transfers in appropriation for Fiscal Year 2003 within the General Fund from the Department of Revenue Sinking Fund Commission to the Sheriff.

Council President Verna

This Bill will be referred to the appropriate committee. The Chair recognizes Councilman Mariano. AND RES.

Councilman Mariano

I have two Resolutions.

Council President Verna

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

Chief Clerk

A Resolution authorizing Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 7th, 19th, 23rd and 37th Wards of the City of Philadelphia.

Councilwoman Verna

The Chair recognizes Councilman Mariano.

Councilman Mariano

Move for the adoption. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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

Chief Clerk

A Resolution authorizing the Commissioner of Public Property ti execute and deliver to the Redevelopment Authority deeds located in the 19th Ward of the City of Philadelphia.

Councilwoman Verna

The Chair recognizes Councilman Mariano.

Councilman Mariano

Move for the adoption, Madam President. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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

Councilwoman Tasco

Madam President, I offer one Resolution.

Councilwoman Verna

Councilman, did you AND RES. want to be recognized? Your light is on.

Councilman Cohen

Not at this moment.

Councilwoman Verna

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

Chief Clerk

A Resolution authorizing the Commissioner of the Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 10th Ward of the City of Philadelphia.

Councilwoman Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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

Councilwoman Miller

Thank you, Madam President. I offer one Bill and one Resolution.

Councilwoman Verna

Thank you. The Clerk will please read the title of the Bill. THE

Chief Clerk

An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 165 by striking from the City Plan Chrisfeld Street from Graves Lane to Mead Street.

Council President Verna

This Bill will be referred to the appropriate committee. THE

Chief Clerk

And a Resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 11th, 13th and 22nd Wards of the City of Philadelphia.

Councilwoman Verna

The Chair recognizes Councilwoman Miller.

Councilwoman Miller

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. I offer two bills.

Councilwoman Verna

Thank you. The Clerk will please read the title of the first Bill. THE

Chief Clerk

An Ordinance authorizing the Commissioner of Public Property on behalf of the City to enter into a lease agreement with the Philadelphia Authority for Industrial Development for deeds located at 19 and 1 Vine Street, the Free Library Building, including the ground lease of land bounded by 19th Street, Vine Street, 20th street and the former Wood Street.

Council President Verna

The Bill will AND RES. be referred to the appropriate committee. THE

Chief Clerk

And an Ordinance declaring it is desirable for the health, safety, and welfare of the people in the area served by the Philadelphia Health and Education Corporation, a non-profit corporation organized under the laws of the Commonwealth of Pennsylvania which operates a graduate school of medicine under the authority of Drexel University and provides medical education under the name Drexel University College of Medicine.

Council President Verna

This Bill will also be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam Chair. I have no bills or resolutions this morning.

Councilwoman Verna

The Chair thanks the Councilwoman. The Chair recognizes Councilman Goode.

Councilman Goode

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

Councilwoman Verna

Thank you. The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Thank you, Madam AND RES. Chair. I have one Resolution on behalf of Councilman DiCicco and myself on gay pride and two other Resolutions.

Councilwoman Verna

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

Chief Clerk

A Resolution recognizing the achievements of Philly Pride Presents, lesbian, gay, bisexual and transgender pride parade and festival as they continue their mission of proactive education to create an atmosphere of sensitivity and awareness that will lead to a greater acceptance of the lesbian, gay, bisexual, and transgender community of Philadelphia.

Councilwoman Verna

The Chair recognizes Councilman Ortiz.

Councilman Ortiz

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

Council President Verna

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

Council President Verna

Those opposed? AND RES. (No response.)

Council President Verna

The ayes have it, and the motion carries. (Applause.)

Council President Verna

The Clerk will please read the second Resolution. THE

Chief Clerk

A Resolution declaring October 2003 AS Human Relations Month in City of Philadelphia.

Councilwoman Verna

The Chair recognizes Councilman Ortiz.

Councilman Ortiz

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. AND RES.

Councilwoman Verna

The Clerk will please read the third Resolution. THE

Chief Clerk

A Resolution urging the City Administration to demonstrate Philadelphia's strong commitment to civil liberties and continuing and strengthening the City's protection of the Constitutional rights of all persons in our City, regardless of race, religion or national origin, and urging our Congressional Delegation to vigilantly monitor the implementation of the USA Patriot Act and to actively work to repeal the Act or those sections of the Act and those orders, rules, and regulations issued the Act that violate the fundamental rights and liberties of the persons protected by the United States Constitution. (Applause.)

Councilwoman Verna

The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Madam Chair, I wish to speak on the Resolution.

Councilwoman Verna

The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Thank you. Madam AND RES. Chair, this Resolution has been hanging around now for a while. We had an election in which very few people participated and very few people paid any attention to. But it is a Resolution that really speaks to the heart of what took place a week ago because it speaks to the heart of our system and a city and a country that we wish to have. It speaks to the heart of the type of country that we're becoming. We participated in a war very recently to seek out and destroy weapons of mass destruction. We got the country very scared about those weapons of mass destruction. This country two months ago, three months ago thought that the Iraqi government was imminently on the verge of invading or actually attacking this country. The president said so and Donald Rumsfeld said so. And if they said so, of course, it must be true. If President Clinton had Clinton had said it, it would have been a lie. But George Bush doesn't lie to the people of this country and neither does Don Rumsfeld. And under the guise of 911, very soon after, they put forward what is called the Patriot Act that is not patriotic and really attacks those AND RES. individuals who wish to defend the Constitution. (Applause.)

Councilman Ortiz

If you stand up for your rights today, you become an enemy of the State. If you decide that the good federal government cannot enter into your home and arrest you without a warrant, you're enemy combatant. If you happen to be Muslim, well, that's too bad; that's even a greater crime in today's society. American citizens are being arrested, held without counsel. And because the number is not yet big enough, we keep silent and we are quiet. And that's the type of government that is not a democracy. That's the type of government that supposedly headed by people like Saddam Hussein. And we don't want a theocracy, a dictatorship, in this country. We have a Constitution. It was written in this City. We have a Declaration of Independence. It was written in this City. Now we have Patriot Act 2, and it seems that everything emanates because everything changed after 911. The other day we were discussing the AND RES. issue of transferring the parking lots at the airport from the Parking Authority to the Airport Authority. And Michael Nutter asked the question as to why. And the person said, "You know, after 911 everything is different." It seems that 911 has been the catchall for everything, even for transferring who rules over parking lots in the City of Philadelphia. And 911 has become the catchall for this Administration to attack, subvert the Constitution of this country. It seems like privacy and citizens' privacy has been abrogated. It seems that under today's rules, you have no right to privacy any longer. We can look at what books you borrow, what meals you eat, what church you attend, what meetings you go to, with whom do you consort, without going to a magistrate, without going to a judge and getting the warrants necessary, without even saying that there is probable cause that a crime will be committed. And we remain silent. Even Alaska, the legislature Alaska, Republican legislature, has "Enough to the Patriot Act." The legislature of New Mexico has said "enough to the Patriot Act." Over a hundred municipalities across the country. New York AND RES. City yesterday has said "enough intrusion into people's lives, enough of shredding of the Constitution, enough shredding of the 1st, 4th, 5th amendment, enough shredding of our privacy. It's very frightening. I was listening to a radio show yesterday, and they said they would be willing to allow the government to do almost anything because they are so afraid. And it never, never should be that citizens in this country become too afraid to speak out because there's an election going on, too afraid to speak out because the government may not like your speech, too afraid to speak out because they are different religion and that religion is no longer approved by a very big majority of our country. Freedom is very hard to maintain. Ben Franklin said that we have a Republic if we can defend it. Well, we do have a Republic, and I believe we can defend it. And I believe that this Resolution, which really is not that strong, but this Resolution should be approved by my colleagues. Thank you, Madam Chair. (Applause.) AND RES.

Councilwoman Verna

Thank you. Councilwoman Tasco, your light is on. Did you want to be recognized?

Councilwoman Tasco

Yes, Madam President, I would like to be recognized. And I'd like to say that I do support my colleague Councilman Ortiz. (Applause.)

Councilwoman Tasco

And I know you all get tired of hearing this, but I'm from a little town from North Carolina called Greensboro. The other day -- and I didn't know my colleague was going to bring the Patriot Act up, but I got a copy of the newspaper that I subscribe to from that town. And low and behold across the front page, it says, "City Council to debate the Patriot Act." And I thought it would be nice article to read -- it's very brief, I'm not going to read the entire article -- to show that there is growing option to this and from unlikely sources. And I read the article. It says, "Opponents of the USA Patriot Act added an unlikely friend to their ranks in the closing minutes of the Greensboro City Council AND RES. meeting last week. Tom Phillips, perhaps the most conservative of the nine Councilmembers, called on his colleagues to examine the controversial set of laws. 'He is the very last person I would have expected to bring this matter up,' Greensboro Mayor Keith Holiday said. 'But I am very proud of him for doing it because it seems like something that you would expect someone of more liberal leaning to do.' "The matter has been added to the agenda for the Council's May 20th meeting and he expects a number of citizens to speak about it. Phillip says, 'I'm not saying that the current Administration has abused the Patriot Act or that it would abuse it, but it does seem to me that it is the kind of thing that has the potential for abuse,' he said, 'and the protection of rights do not belong to any party or political persuasion.' "While the Council is nonpartisan, Phillip said he is a Republican but adding that he often disagrees with his Party. 'I am a moderate and so I have problems with the Party when they move too far in one direction, just like Democrats in the middle have problems with their Party sometimes,' he said. 'This Patriot Act, though, is something I AND RES. think people from both parties have ignored. I know that Council has ignored it.' "Phillips says he finally felt compelled to bring the topic of following a long period of receiving e-mails from his constituents. He said the Act written after the September 11, 2001 attacks may have been enacted too hastily. 'I am not saying for certain I would necessarily be for repealing it, but it certainly warrants taking a look at,' Phillips said. 'I think it is especially true now because there is talk of a Patriot Act 2 that will allow invasions of privacy and would do away with the Sunset Provision and make it a permanent law.'" I don't know what happened. We will find out what happened in Greensboro, but I do believe that if we do not speak up and speak out on issue as this and let our colleagues and our leadership in Washington know that, yes, we do expect them to protect our citizens, we are concerned about terrorism, sometimes we throw the baby out with the bath and we can't act take too hastily to take people's rights away in order to provide that protection. They should think thoughtfully, more carefully so that our rights are AND RES. not abused. So I ask my colleagues to consider supporting this Resolution for us. Thank you. (Applause.)

Council President Verna

At this time, the Chair recognizes Councilman Cohen.

Councilman Cohen

Thank you, Madam President. I also speak in support of this Resolution. And I would like to ask the permission of the Chair to recognize as one of our guests today Mr. Hero Nishokawa (ph), President of the Japanese American Citizens Association, a survivor of internment camp in the United States of America, an incident that was covered during World War II. Ms. Nishokawa, would you stand up? (Applause.)

Councilman Cohen

I am honored to have introduced Mr. Nishokawa because I am, obviously, the oldest the member of City Council, the only veteran among its membership, and I'd like to tell you what happened to me. In 1943, I entered the armed forced in the fall. By December I was shipped overseas in the Dutch New Guinea and British New Guinea where I served more than two years and during which time we AND RES. lost a great president, Franklin Delano Roosevelt. And Harry Truman became the President of the United States. President Truman's approach to things was a bit different from President Roosevelt. And while overseas I heard suddenly about loyalty oaths becoming a part of the pattern of American life. Every federal employee had to sign a loyalty oath, proving that he or she was loyal to the government. It was an invasion of privacy. " No witnesses were ever presented in these proceedings. It was all done by written report. It was a different country when I returned to the United States in January 1946. It was a country beset by the likes of the Joseph McCarthy, a Senator from Wisconsin who had terrified the whole country, as we're told Saddam Hussein terrified the people in Iraq. Everybody was frightened to death because people would get letters in the mail telling them that their job was at stake AND RES. in the federal government. Local governments began adopting similar legislation. It was a wild period. And none of the younger people, I find, today seem to know anything about that. That's why I was so pleased to be able to present Mr. Nishokawa. You know what we actually did? It wasn't just a story tale. We uprooted thousands and thousands of Japanese citizens because Japan happened to be one of the countries we were in a war with. They attacked Pearl Harbor, therefore, it was assumed that every Japanese citizen in the United States was an enemy of the government. That was a hysteria then, as we have the hysteria now about people of Arab or Muslim background. Now, we don't want that kind of a country. It took years before we recovered from it. This Patriot Act moves in the same direction. And there's no reason for the younger generation to go through the experiences of the older generation. The younger generation generally doesn't believe it happened. That's why it was so important Mr. Nishokawa was here today because he was one of the survivors of these families that were uprooted by the thousands and were not permitted to live AND RES. together with their own families in their original communities because they were deemed to be a threat to the safety of the United States of America. That's how crazy things can get because when you have a war atmosphere, whether the war is just or unjust, the atmosphere of a war gives support to the worst kind of human feelings that exist. Many of us were very alarmed when Senator Ashcroft was nominated the position of Attorney General. We were worried about the position he held because of the ideas that he spoke about. He spoke modestly, and they reflected his opinion. Many of us thought they were dangerous to the real security of the United States, which comes from belief of democratic principles. Our belief is in democracy, not fear of democracy. And now Ashcroft is the Attorney General and he is in a position to act upon those, what most of us felt were irrational fears. That's the reason it's so important to nip this in the budd. It's a wrong thing for the United States Government under any circumstances to arrest people, put them in prison without letting AND RES. anybody know whether they are citizens or not. To me, it makes no difference because whether the person is a citizen or not, know person in the United States has ceased to become a human being, and I think all human beings are entitled to democratic rights. ) And so I say enough of this madness.

Councilman Cohen

Let's return to our senses. Let's get rid of Patriot 1, and let's never see that Patriot 2 is never born again. Thank you. )

Councilwoman Verna

The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. In addition to what Councilman Cohen has had to say about Japanese Americans during World War II, perhaps they are the most identifiable group of people who were abused and were terrorized during that period of time, but it's also important to remember that in California Italian Americans had their fishing boats taken from them. Joe DiMaggio's parents were restricted to a certain mileage around the house where they could travel. Italian AND RES. Americans were not permitted to own transistor radios. There were other restrictions on German Americans and others throughout World War II. I think it's important to remember that many of the people who have come here from the Middle East and other countries have actually fled tyrannical governments. People who have come from Iraq to come here and seek shelter. People have come from Iran. People have come from other eastern and Asian countries have fled tyrannies and they've come here to be free and to be safe. So many of the Iraqi Americans and Arab Americans and Iranian Americans have fled their countries because they were being abused as a result of being a Christian. They were abused -- some people from Indonesia were abused as a result of being Catholics. There are many people who have come here seeking shelter. And I agree with Councilman Cohen, that we need to remember our history. And many times I'm happy that Councilman Cohen is here to remind us of our history. (Applause.)

Councilman Kenney

I was born in 1958, so it was well beyond both World War II and Korea. AND RES. So many of us don't have the institutional memory of that history. So I think it's important that we remember that we're all Americans and what makes this country the great country that it is, is our diversity and our freedom to be diverse. So I will be supporting this Resolution and encourage my colleagues to do so. (Applause.)

Councilwoman Verna

The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. I agree with the comments of all of my colleagues. Councilman Cohen talked about the country that he came back to in 1946 here in the United States of America. I will not belabor this record too long, but none of us here necessarily have the memory of what this country may have been like in the 1600s. Councilman O'Neill says Councilman Cohen might be able to give us an insight into what the country was like in the 1600s. (Laughter.)

Councilman Nutter

But we know what the 1600s were like for many of us who are members of AND RES. Council and many people in the audience who are of African descent who are now African Americans. The Councilman talks about the 1940s here in the United States as a returning veteran. What was the United States like for African Americans who, one, had to fight to be in the Army to fight for America. The '40s, the '50s, the '60, the '70s and some might say even as late as yesterday, when you talk about rights and what it means to be an American and privacy issues and the government and what it does, we're all members of the government and we seek uphold the law. And as even our own Police Commissioner Johnson always says, we're not going to break the law in order to uphold the law. And so I think all of us have a history in this country. And this type of legislation affects many of us in different ways and does take us back to different periods in our individual histories. And so all of us, I believe, need to be concerned about infringement on rights and what it means to be an American and who is an American who's not an American and who you get to talk to and who you associate with and what books you buy and all of these kinds of issues. So I do look forward when AND RES. the time comes to support the Resolution. But I thought I would just kind of round things out. (Applause.)

Councilman Nutter

Thank you, Madam President.

Councilwoman Verna

You're welcome. The Chair recognizes Councilman Ortiz.

Councilman Ortiz

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

Council President Verna

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

Council President Verna

Those opposed? (Nay.)

Councilman Cohen

Roll call.

Councilwoman Verna

Roll call vote. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke. AND RES.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

No. THE

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

No. THE

Chief Clerk

Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown. AND RES.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The nays are 3, the ayes are 13. The Resolution passes. (Applause.)

Councilwoman Verna

The Chair recognizes Councilman DiCicco.

Councilman Dicicco

Thank you, Madam President. I offer three bills.

Councilwoman Verna

Thank you. The Clerk will please read the title of the first Bill. THE

Chief Clerk

An Ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to execute and deliver to the Redevelopment Authority of the City deeds located in the five parcels of City-owned land with the buildings and improvements AND RES. thereon situate at Third and Fairmount Streets, known as 700, 702 and 704 North Third Street.

Council President Verna

The Bill will be referred to the appropriate committee. THE

Chief Clerk

And an Ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 238 by striking from the City Plan and vacating Norfolk Street and Beck Street Swanson Street to the right-of-way to the line of Delaware Expressway.

Council President Verna

The Bill will be referred to the appropriate committee. THE

Chief Clerk

And an Ordinance amending Section 12-2809 of the Philadelphia Code relating to civil penalties and costs for violations of certain provisions of Title 12 by increasing the civil penalty for violations of Section 12-908.

Council President Verna

The Bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, I offer one Resolution.

Council President Verna

The Clerk will please read the title of the Resolution. AND RES. THE

Chief Clerk

The Resolution urging the National Football League to name the Pottsville League co-champions of 1925.

Councilwoman Verna

The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Move the adoption. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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

Councilman Clarke

Thank you, Madam President. I have three resolutions.

Councilwoman Verna

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

Chief Clerk

A Resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the AND RES. City of Philadelphia for the redevelopment and urban renewal of a portion of the Model Cities Urban Renewal Area.

Councilwoman Verna

The Chair Councilman Clarke.

Councilman Clarke

Move for the adoption. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Chair recognizes the Chief Clerk to please read the second Resolution introduced by Councilman Clarke. THE

Chief Clerk

A Resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in 16th, 29th, 32nd, 37th and 47th Wards of the City of Philadelphia. AND RES.

Councilwoman Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

Move for the adoption of the Resolution. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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

Chief Clerk

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

Councilwoman Verna

The Chair recognizes Councilman Clarke. AND RES.

Councilman Clarke

Move for the adoption of the Resolution. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Madam President, I have one Resolution. Can I make a statement about this Resolution, please.

Councilwoman Verna

Certainly.

Councilman Rizzo

Madam President, Wolf Dolman has been a Channel 6 camera person for almost 40 years. And his coworkers came to me and asked me to do this Resolution., but it's a surprise. They sent him to Scranton today so he wouldn't be around to hear about this Resolution. So I'd just AND RES. appreciate it -- next week we're going to present it to him -- that no one mentions the Resolution because they're trying to make it a surprise. Thank you.

Councilwoman Verna

The Clerk will read the Resolution. THE

Chief Clerk

A Resolution honoring Wolf Dolman upon his return and after nearly 40 years as an Action News photographer for WPVI TV Channel 6.

Councilwoman Verna

The Chair recognizes Councilman Rizzo.

Councilman Rizzo

I move for adoption Resolution. And Councilman Nutter tells me that he probably already knows by now. I move for the adoption of the Resolution. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the Resolution has been adopted. Though we don't have a Resolution to present today, it is my understanding that one of our colleagues is celebrating a birthday. She is going to be asked to be leaving very shortly and we would like to wish her continued good health and happiness. And at this time, I would all like you to join me in saying happy birthday to Councilwoman Krajewski. (Applause.)

Council President Verna

Councilwoman, I know you have laryngitis. How do you care to vote the Bills and Resolutions that will be coming up? I understand you want to be excused.

Councilwoman Krajewski

I wish to be recorded voting aye on all Bills and Resolutions.

Councilwoman Verna

And I believe there's an amendment.

Councilwoman Krajewski

Also voting aye on the amendment.

Council President Verna

Thank you. I better. And happy birthday. Our next order of business is reports from committees. And the Chair recognizes Councilwoman Blackwell for a report from the Committee on Finance.

Councilwoman Blackwell

Thank you, Madam President. The Committee on Finance reports out two bills with a favorable recommendation.

Councilwoman Verna

The Chief Clerk will please read the report. THE

Chief Clerk

To the President and members of the Council of the City of Philadelphia, the Committee on Finance to which was referred Bill No. 030251, entitled an Ordinance amending Chapter 19-1800 of the Philadelphia Code entitled "School Tax Authorization," by adding a new Section 19-1801 providing for a cap on tax increases, under certain terms and conditions; And Bill No. 030335, entitled an Ordinance authorizing the Commissioner of Public Property of the City of Philadelphia on behalf of the City and in cooperation with the Philadelphia Municipal Authority to undertake a project to health, safety, and welfare of the residents in the City of Philadelphia, all under terms and conditions; Respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

Councilwoman Verna

Thank you. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move that the Rules of Council be suspended so as to permit first reading this day of Bill Nos. 030251 and 030335. (Duly seconded.)

Councilwoman Verna

It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill Nos. 030251 and 030335. All in favor will indicate by saying aye. (Aye.)

Councilwoman Verna

Those opposed? (No response.)

Councilwoman Verna

The ayes have it read will be placed on today's First Reading Calendar. At this time the Chair recognizes Councilman Cohen for a report.

Councilman Cohen

Thank you, Madam President. The Committees on Law and Government, Public Safety, and Health and Human Services offer an interim report on Resolutions 020695 and 020832. The reports are signed by every member of each of the three committees.

Councilwoman Verna

The Chief Clerk will please read the report. THE

Chief Clerk

To the President and Members of the Council of the City of Philadelphia, the Committee on Law and Government, Public Safety, Human Health and Human Services after conducting investigations authorized pursuant to Resolutions 020695 and 020832 have issued an interim report calling upon the Governor and the Pennsylvania Legislature to completely immediately rescind the FY '04 budget cuts made to drug and alcohol programs and to Medicare services, and additionally to increase funding levels in both areas to meet demonstrated need.

Councilwoman Verna

The Chair recognizes Councilman Cohen.

Councilman Cohen

Thank you, Madam President. I failed to note that you, Madam President, also signed the report since you're ex officio member of each of the Committees, so it's unanimously reported by the Committees. I move the City Council approve and adopt interim report and its conclusions. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that City Council approve and adopt the interim report of the Committees on the Resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. It has been moved and seconded that City Council approve and adopt interim report on the Committees on Law and Government, Public Safety, Human Health and Human Services and its conclusions. indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Chair at this time recognizes Councilman DiCicco for a report from the Committee on Streets and Services.

Councilman Dicicco

Thank you, Madam President. It the Committee on Streets and Services reports out 34 Bills and one Resolution with a favorable recommendation.

Councilwoman Verna

The Chief Clerk please read the report. THE

Chief Clerk

To President and Members of the Council of the City of Philadelphia, the Committee on Streets and Services to which was referred Resolution No. 030401, entitled a Resolution also naming the 1800 block of Webster Street as Marian Anderson Place; And Bill No. 030214, entitled an Ordinance amending Section 5 of an Ordinance, Bill 010661, approved December 28, 2001, entitled an Ordinance authorizing the Railroad Passenger Corporation to maintain a pedestrian bridge below Arch Street at 30th Street Station; And Bill No. 030247, entitled an Ordinance authorizing Gold Incorporated to construct, own, and maintain a one-story building addition to the east footway of 12th Street; And Bill No. 030249, entitled an Ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 253 of the area lying northwardly from the intersection of Uruh Avenue and Oakley Street; And Bill No. 030250, entitled an Ordinance amending 9-205 of the Philadelphia Code entitled, "Sidewalk Sales," by revising and expanding an existing area in which sidewalk sales are prohibited; And Bill No. 030333, entitled an Ordinance amending Section 9-205 of the Philadelphia Code entitled "Sidewalk Sales," by prohibiting sidewalk vending on portions of Baltimore Avenue; And Bill No. 030336, entitled an Ordinance granting permission to Exclusive maintain an open air sidewalk cafe; And Bill No. 030337, entitled an Ordinance amending Section 9-205 of the Philadelphia Code relating to sidewalk sales and vending in residential areas by adding a new provision prohibiting sidewalk sales and vending; And Bill No. 030338, entitled an Ordinance authorizing the installation of two left turn green arrow traffic signals at the intersection Rising Sun Avenue and Adams Avenue; Bill No. 030341, entitled an Ordinance granting permission to Johnny Mananas Restaurant, located 4201 Ridge Avenue to operate and maintain an open air sidewalk cafe; And Bill No. 030343, entitled an Ordinance authorizing Wills Eye Hospital, 800 Walnut Street, to construct, own and maintain a roof beam architectural embellishment; And Bill No. 030344, entitled an Ordinance granting permission to Ride the Ducks International to remove an existing wood and metal newsstand located on the west sidewalk of South Independence Mall West; 030345, entitled an Ordinance authorizing National Constitution Center, Bourse Building to construct, own and maintain the National Constitution Center encroachment on the east footway of Independence Mall West; And Bill No. 030346 entitled, an Ordinance granting permission to Lougeswaran Vijayhratnam, owner of the newsstand at the southeast corner of Ninth Street and Walnut Street, to construct, use and maintain an electrical conduit; And Bill No. 030347 entitled, an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 238 by striking from the City Plan and vacating Salter Street from Third Street to Orianna Street; And Bill No. 030348, entitled an Ordinance granting permission to Nahal Desai, owner of the newsstand at the northeast corner of Juniper Street and Market Street; And Bill No. 030349, entitled an Ordinance granting permission to Sprint Communications Company, its successors and assigns to construct telecommunications service connections in and under the public rights-of-way and City streets; And Bill No. 030350, entitled an Ordinance authorizing the revision of lines and grades on a portion of City Plan 27S by striking from the City Plan and vacating the legally open portions of Dilworth Street from Wolf Street to Ritner Street; And Bill No. 030351, entitled an Ordinance granting permission to 801 Last Resort to operate and maintain an open air sidewalk cafe; And Bill No.

Chief Clerk

030352, entitled an Ordinance authorizing the revision of lines and grades on a portion of City Plan Nos. 370 and 308 by relocating certain portions of the curb lines on Chestnut Street from Independence Mall East to 18th Street; And Bill No. 030374, entitled an Ordinance authorizing the Philadelphia Phillies, Broad Street and Pattison Avenue, its successors and assigns to construct own and maintain a total of 55 street light poles and 27 pedestrian light poles; And Bill No. 030375, entitled an Ordinance granting permission to Popi's Enterprises construct, use and maintain a building encroachment; And Bill No. 030376, entitled an Ordinance authorizing the revision of lines grades on a portion of City plan No. 17S by striking from the City Plan and vacating Oakford Street from 30th Street to 31st Street; And Bill No. 030378, entitled an Ordinance granting permission to Coleman Properties, a Pennsylvania partnership, its successors and assigns, to construct and remove a ductbank for telecommunication purposes; And Bill No. 030381, entitled an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 197 by narrowing Delaware Avenue from Tioga Street to Wheatsheaf Lane; And Bill No. 030384, entitled an Ordinance amending Section 4 of an Ordinance, Bill No. 010381, approved June 14, 2001, entitled an Ordinance authorizing Edward Flippen to construct, use, and maintain a one-story building addition; And Bill No. 030385, entitled an Ordinance regulating the direction of movement of from 59th Street to Felton Street; And Bill No. 030387, entitled an Ordinance authorizing the installation of stop signs on Second Street at the intersection of Poplar Street; And Bill No. 030388, entitled an Ordinance authorizing Trigen-Philadelphia Energy Corporation, 2600 Christian Street, its successors and assigns, to construct, own, and maintain and underground chilled water distribution; And Bill No. 030390, entitled an Ordinance granting permission to SunGard Availability Services, 401 North Broad Street, to construct a concrete conduit bank housing electrical cables; And Bill No. 030391, entitled an Ordinance authorizing the revision of lines and grades on a portion of City Plan 26S by striking from the City Plan Porter Street from Christopher Columbus Boulevard to Weccacoe Street; And Bill No. 030393, entitled an Ordinance amending Chapter 11-300 of the Philadelphia Code entitled "Board of Surveyors," by 11-301 entitled "Street Improvements"; And Bill No. 030394, entitled an Ordinance authorizing the installation of all-way stop signs at the intersection of Cabell Road and Lester Road; And Bill No. 030396, entitled an Ordinance authorizing the Center City District, 917 Filbert Street, its successors and assigns to construct, own, and maintain a total of 27 pedestrian scale light poles; And Bill No. 030398, entitled an Ordinance authorizing G2S2 Associates, owner of the property 1605 Sansom Street to construct and maintain a building encroachment over and above the north footway of the 1600 block of Sansom Street; Respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

Councilwoman Verna

The Chair recognizes Councilman DiCicco.

Councilman Dicicco

Thank you, Madam President. I move that the Rules of Council be suspended so as to permit first reading this day of 34 Bills and the one Resolution that have just been read into the record. (Duly seconded.)

Councilwoman Verna

It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of the Bills just read by the Chief Clerk. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Councilwoman Verna

The ayes have it, and the Bills just read will be placed on today's First Reading Calendar. Resolution No. 030401 will be placed at the end of today's Calendar. At this time the Chair recognizes Councilman Mariano for a report from the Committee of Licenses and Inspections.

Councilman Mariano

The Committee on Licenses and Inspections reports one Bill with favorable recommendation.

Councilwoman Verna

The Chief Clerk report. THE

Chief Clerk

To the President and Members of the Council of the City of Philadelphia, the Committee on Licenses and Inspections to which was referred Bill No. 030254, entitled an Ordinance amending Title 9 of the Philadelphia Code Regulation of Businesses, Trades and Professions by amending Section 9-208 relating to sidewalk cafes by amending and adding certain provisions for regulating sidewalk cafes, all under certain terms and conditions; respectfully reports it has considered and amended the same and returns the attached Bill to Council with a favorable recommendation.

Councilwoman Verna

The Chair recognizes Councilman Mariano.

Councilman Mariano

I move that the rules of Council be suspended so as to permit first reading this day of Bill 030254. (Duly seconded.)

Councilwoman Verna

It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill No. 030254. All in favor will indicate by saying (Aye.)

Councilwoman Verna

Those opposed? (No response.)

Councilwoman Verna

The ayes have it, and the Bill just read will be placed on today's First Reading Calendar. That concludes the reports from committees. Our next order of business is the consideration of the Calendar. The Chief Clerk will please read the Bills on the First Reading Calendar. THE

Chief Clerk

Bill No. 030222, an Ordinance creating the Progress Plaza Tax Increments Financing District, being the area generally bounded by Broad Street on the west, Oxford Street on the north, 13th Street on the east, and Jefferson Street on the south.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030251, an Ordinance amending Chapter 19-1800 of the Philadelphia Code entitled "School Tax Authorization," by adding a new Section 19-1801 providing for a cap on tax increases, under certain terms and conditions.

Council President Verna

The Chair agrees. And Bill No. 030335, an Ordinance authorizing the Commissioner of Public Property of the City of Philadelphia on behalf of the City and in cooperation with the Philadelphia Municipal Authority to undertake a project to promote the health, safety, and welfare of the residents in the City of Philadelphia, all under terms and conditions.

Council President Verna

The Chair agrees. THE

Chief Clerk

Bill No. 030214, an Ordinance amending Section 5 of an Ordinance, Bill No. 010661, approved December 28, 2001, entitled an Ordinance authorizing the Railroad Passenger Corporation to maintain a pedestrian bridge below Arch Street at 30th Street Station.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030247, authorizing Gold Incorporated to construct, own, and maintain a one-story building addition to the east footway of 12th Street.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030249, entitled an Ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 253 of the area lying northwardly from the intersection of Uruh Avenue and Oakley Street.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030250, an Ordinance amending 9-205 of the Philadelphia Code entitled, "Sidewalk Sales," by revising and expanding an existing area in which sidewalk sales are prohibited.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030333, an Ordinance amending Section 9-205 of the Philadelphia Code entitled "Sidewalk Sales," by prohibiting sidewalk vending on portions of Baltimore Avenue.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030336, an Ordinance granting permission to Exclusive Enterprises to operate and maintain an open air sidewalk cafe.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030337, an Ordinance amending Section 9-205 of the Philadelphia Code relating to sidewalk sales and vending in residential areas by adding a new provision prohibiting sidewalk sales.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030338, an Ordinance authorizing the installation of two left turn green arrow traffic signals at the intersection Rising Sun Avenue and Adams Avenue.

Council President Verna

The Chair agrees. THE

Chief Clerk

Bill No. 030341, an Ordinance granting permission to Johnny Mananas Restaurant, located 4201 Ridge Avenue to operate and air sidewalk cafe.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030343, an Ordinance authorizing Wills Eye Hospital, 800 Walnut Street, to construct, own and maintain a roof beam architectural embellishment.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030344, an Ordinance granting permission to Ride the Ducks International to remove an existing wood and metal newsstand.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030345, an Ordinance authorizing National Constitution Center, Bourse Building to construct, own and maintain the National Constitution Center encroachment on the east footway of Independence Mall West.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030346, permission to Lougeswaran Vijayhratnam, owner of the newsstand at the southeast corner of Ninth Street and Walnut Street to construct, use and maintain electrical services to the newsstand.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030347 , an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 238 by striking from the City Plan and vacating Salter Street from Third Street to Orianna Street.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030348, an Ordinance granting permission to Nahal Desai, owner of the newsstand at the northeast corner of Juniper Street and Market Street.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030349, an Ordinance granting permission to Sprint Communications Company, its successors and assigns to construct telecommunications service connections cables in and under the public rights-of-way and City streets.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030350, an Ordinance authorizing the revision of lines and grades on a portion of City Plan 27S by striking from the City Plan and vacating the legally open portions of Dilworth Street from Wolf Street to Ritner Street.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030351, an Ordinance granting permission to 801 Last Resort to operate and maintain an open air sidewalk cafe.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030352, an Ordinance authorizing the revision of lines and grades on a portion of City Plan Nos. 370 and 308 by relocating certain portions of the curb lines on Chestnut Street from Independence Mall East to 18th Street.

Council President Verna

The Chair

Chief Clerk

And Bill No. 030374, an Ordinance authorizing the Philadelphia Phillies, Broad Street and Pattison Avenue, its successors and assigns to construct own and maintain a total of 55 street light poles and 27 pedestrian light poles.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030375, an Ordinance granting permission to Popi's Enterprises to construct, use and maintain a building encroachment.

Council President Verna

The Chair agrees. And Bill No. 030378, an Ordinance granting permission to Coleman Properties, a Pennsylvania partnership, its successors and assigns, to construct and remove a ductbank for telecommunication purposes.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030376, an Ordinance authorizing the revision of lines grades on a portion of City plan No. 17S by striking Plan and vacating Oakford Street from 30th Street to 31st Street.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030381, an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 197 by narrowing Delaware Avenue from Tioga Street to Wheatsheaf Lane.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030384, an Ordinance amending Section 4 of an Ordinance, Bill No. 010381, approved June 14, 2001, entitled an Ordinance authorizing Edward Flippen to construct, use, and maintain a one-story building addition.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030385, an Ordinance regulating the direction of movement of traffic on Haddington Lane from 59th Street to Felton Street.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 030387, entitled an Ordinance authorizing the installation of stop signs on Second Street at the intersection of Poplar Street.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030388, entitled an Ordinance authorizing Trigen-Philadelphia Energy Corporation, 2600 Christian Street, its successors and assigns, to construct, own, and maintain and underground chilled water distribution system.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030390, an Ordinance granting permission to SunGard Availability Services to construct electrical cables and private telecommunications facilities.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030391, an Ordinance authorizing the revision of lines and grades on a portion of City Plan 26S by striking from the City Plan Porter Street from Christopher Weccacoe Street.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030393, an Ordinance amending Chapter 11-300 of the Philadelphia Code entitled "Board of Surveyors," by amending Chapter 11-301 entitled "Street Improvements."

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030394, an Ordinance authorizing the installation of all-way stop signs at the intersection of Cabell Road and Lester Road.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030396, an Ordinance authorizing the Center City District, 917 Filbert Street, its successors and assigns to construct, own, and maintain a total of 27 pedestrian scale light poles.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030398, 05/29/03 - STATED - 2ND READING & FINAL PASSAGE an Ordinance authorizing G2S2 Associates, owner of the property 1605 Sansom Street to construct and maintain a building encroachment over and above the north footway of the 1600 block of Sansom Street.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030254 an Ordinance amending Title 9 of the Philadelphia Code Regulation of Businesses, Trades and Professions by amending Section 9-208 relating to sidewalk cafes by amending and adding certain provisions for regulating sidewalk cafes.

Council President Verna

The Chair agrees. THE

Chief Clerk

Resolution 030401, Resolution also naming the 1800 block of Webster Street as Marian Anderson Place.

Councilwoman Verna

The Bills just read by the Clerk will be placed on the Second Reading and Final Passage Calendar next Session. That concludes the first reading. The Chair now recognizes Councilwoman Blackwell for the purpose of calling up Bills for consideration on today's Second Reading and Final 05/29/03 - STATED - 2ND READING & FINAL PASSAGE Passage Calendar.

Councilwoman Blackwell

Thank you, Madam President. Today Bill Nos. 030017, 030401 is to be amended, 030002, 030003, 030004, 030005, 030006, 030008, 030009, 030010, 030012, 030013, 030215, 030069, 030070, 030371, 030372, 020084, 030303 are being called up for second reading and final -

Councilwoman Verna

Excuse me, Councilwoman, did you say 020084.

Councilwoman Blackwell

Yes, ma'am.

Councilwoman Verna

I believe the Councilman requested that that be held.

Councilwoman Blackwell

I'm sorry. My error. All these Bills are being called up for Second Reading and Final Passage Calendar for consideration. And again Bill No. 030141 is to be amended.

Councilwoman Verna

And all other Bills are will be held.

Councilwoman Blackwell

All other Bills being held. Thank you, Madam President.

Councilwoman Verna

At this time the 05/29/03 - STATED - 2ND READING & FINAL PASSAGE Chair recognizes Councilman O'Neill.

Councilman O'Neill

Thank you, Madam President. I would ask at this time, since I have to leave the Council Chamber on City-related business to be recorded as voting aye on all amendments and Bills, with the Chair's permission.

Councilwoman Verna

And Resolutions.

Councilman O'Neill

And Resolutions.

Councilwoman Verna

Thank you. You are excused. The Clerk will please read the title of Bill No. 030017. THE

Chief Clerk

An Ordinance establishing a neighborhood improvement district in an area that generally includes both sides of Ridge Avenue from Main Street to 7220 Ridge Avenue and certain blocks of streets that intersect that portion of Ridge Avenue to be known as the Roxborough District; designating the Roxborough Development Corporation.

Council President Verna

This Bill having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski voting aye. Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill voting aye. THE

Chief Clerk

Councilman Ortiz. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Bill passes. The next Bill to be called for consideration is Bill No. 030141. THE

Chief Clerk

An Ordinance amending Chapter 9-700 of the Philadelphia Code entitled "Amusement businesses," by amending 9-703 to prohibit the use of pyrotechnic devices, fireworks, explosives or similar materials within dance halls, all under certain terms and conditions.

Councilwoman Verna

The Chair recognizes Councilman Mariano. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE

Councilman Mariano

Thank you, Madam President. I have to leave the Chambers at this time. I want to leave my vote as voting yes for all Bills and an amendments and resolutions.

Councilwoman Verna

Thank you. You're excused. The Chair recognizes Councilman Clarke regarding Bill No. 030141.

Councilman Clarke

Thank you, Madam President. Madam President, I'd like to offer an amendment to Bill No. 030141. It is somewhat technical in nature No. 4 in Section 9-703, essentially deleting "refrain" in the language and putting "prohibit the use pyrotechnics." This amendment has circulated both in the caucus and is currently being circulated now. I'd like to make a motion for approval of the amendment to Bill No. 030141. (Duly seconded.)

Councilwoman Verna

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

Council President Verna

Those opposed? 05/29/03 - STATED - 2ND READING & FINAL PASSAGE (No response.)

Council President Verna

The ayes have, and the motion carries. And the bill will be placed on our Second Reading and Final Passage Calendar for next week. At this time, I would ask the Clerk to please read the title of Bill No. 030002. THE

Chief Clerk

An Ordinance to adopt a Capital Program for the six Fiscal Years 2004-2009 inclusive.

Council President Verna

This Bill having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski and Councilman Mariano voting aye. Councilwoman Miller.

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill voting aye. Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are 0. A 05/29/03 - STATED - 2ND READING & FINAL PASSAGE majority of all Members of Council having voted in the affirmative, the Bill passes. The next to be called for consideration is Bill No. 030003. THE

Chief Clerk

An Ordinance to adopt a Fiscal 2004 Capital Budget.

Council President Verna

This Bill having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski 05/29/03 - STATED - 2ND READING & FINAL PASSAGE and Councilman Mariano voting aye. Councilwoman Miller.

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill voting aye. Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Bill passes.. Bill No. 030004. THE

Chief Clerk

An ordinance adopting 05/29/03 - STATED - 2ND READING & FINAL PASSAGE the Operating Budget for Fiscal Year 2004.

Council President Verna

This Bill having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll.

Councilman Cohen

Madam President.

Councilwoman Verna

Councilman Cohen, you want to be recognized, sir?

Councilman Cohen

Yes, I do. I rise to speak and would rise, if necessary, to speak in opposition to the budget Bill for the operating period of next year. I'm deeply concerned about providing funds for the operation of a government where the Mayor fails to recognize the legitimate role of City Council and legislation; and further, either has lost control of his government or is consciously supporting the refusal of two of his appointees to recognize the authority of City Council. The two gentlemen I refer to are Carl Greene in the PHA and Thomas Knudsen of the Gas Works. Both of them have defied the City Council, don't recognize our authority, and I think City Council has to respond appropriately. I welcome the decision and thank the 05/29/03 - STATED - 2ND READING & FINAL PASSAGE Council President for her strong support in that lawsuit which resulted in a declaration by Judge Carrafiello of the Common Pleas Court that City Council is a legislative body and that the Mayor's action in not honoring the Bill which we passed unanimously to afford to condo owners and co-op participants the same ownership rights of having trash collected by the City as ordinary residents do. The Mayor's refusal to recognize that Council has any authority means -- and I would go further than the judge. The judge said that would reduce Council to an advisory role. It would do less than that. The Mayor who's a former President of City Council, therefore, I think what he's doing has to be viewed even more seriously, has engaged in a series of actions to thumb his nose openly, publicly at City Council. And that's the reason I said to Mr. Knudsen of PGW, "Go somewhere else for your support for y our capital budget. Don't come to City Council when you don't recognize City Council as a legislative body having the right to set the policy or senior citizens and that 20 percent discount rate. I don't think the Mayor can have it both 05/29/03 - STATED - 2ND READING & FINAL PASSAGE ways. And I don't see supporting the budget until the Mayor changes his position with respect to legitimacy of City Council.

Councilman Goode

Point of order.

Councilwoman Verna

The Chair recognizes Councilman Goode for a point of order.

Councilman Goode

I call for the question.

Councilman Cohen

I don't think that's a sound point of order. A point of order means the speaker is out of bounds, and that's not the way to raise that and I think I'm completely within bounds. So I would say I think there's no basis for that.

Councilman Goode

I call for question.

Councilman Cohen

The budget is a weak budget. It does not deal with matters like lead paint poisoning. After some 30-odd years of discussion, the budget still leaves a backlog of lead paint poisoning. The budget leaves so many things empty because the Mayor believes that when we pass this budget we present him with 3 billions of dollars for him to spend in any way he wants. That's why Judge Carrafiello's report is so important. When this Council mandates expenditures 05/29/03 - STATED - 2ND READING & FINAL PASSAGE in certain directions, it could be that there could be a circumstance sometimes where the Mayor might have a case to ignore City Council or to appropriate funds in a different direction if there were a major crisis requiring that. But in the absence of that, it seems to me our legislative job is to legislate budget priorities. This Council has made clear it wants to resolve the budget process on lead paint poison, on a whole host of things, on homelessness. We don't know what the City is doing to provide additional funding for homelessness since the City reduced the number of beds available. We have all kinds of problems open to us in the budget which have not been resolved. The Mayor has known for two years that there is a gap in the insurance laws covering City Council.

Councilman Goode

Point of order.

Councilwoman Verna

The Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Madam President. I call for the question.

Councilwoman Brown

Second.

Councilman Cohen

Madam President, 05/29/03 - STATED - 2ND READING & FINAL PASSAGE again, I think it's not a proper point of order.

Council President Verna

Councilman, we do have our Rules here, and apparently our attorneys agree that Councilman Goode does has that right. It's a motion which needs to be seconded and it would have to be voted upon. Call those in favor of -

Councilman Ortiz

Madam Chair.

Council President Verna

Yes, sir. We cannot debate the question.

Councilman Ortiz

I just ask a question. I'm not asking to debate the question.

Councilman Goode

There's supposed to be no discussion.

Councilman Ortiz

No discussion. All I'm saying is, does this have the effect of just shutting debate on issue that we ever have?

Councilman Goode

I call for the question.

Councilman Cohen

It would seem to me to totally conclude the discussion on the budget so that I think the effect of Councilman Goode's motion, if successful, means there will be no debate on the budget at all. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE

Councilman Goode

I call for the question.

Councilwoman Verna

I think we have to move on. I think Councilman Goode made a motion. I've had Mr. Shapiro, Councilman Cohen, check our Rules. His motion has been seconded, so at this point in time, I would ask for a vote.

Councilman Cohen

I would ask that it be roll call, Madam President.

Councilwoman Verna

Very well. The vote will be on Councilman Goode's motion. He made a motion. It was seconded.

Councilman Goode

I call for the question, a vote on the budget Bill.

Council President Verna

I know that everybody is getting weary, but the vote is on the motion. The Clerk will please call.

Councilman Ortiz

I disagree. (Discussion held off the record.)

Councilman Goode

I called for the question. It's been called for. It does not require a vote.

Councilwoman Verna

I would like to read our rule on that, please. "The previous 05/29/03 - STATED - 2ND READING & FINAL PASSAGE question shall not be moved by less than five members and shall require the vote of a majority of all the Members of the Council to sustain it. If you call for the previous question be sustained, the question shall be upon pending amendments and the main question in their order." And they are decided without debate. So again -

Councilman Cohen

Madam President.

Council President Verna

Yes, sir.

Councilman Cohen

There must be nine votes at least to carry this motion because a majority of all the Members of City Council means 9 out of 17 no matter what the number is who are present or who constitute the body.

Councilwoman Verna

There are a number of Councilpeople that want to be recognized. I would like to let everyone know we need a majority of the votes on the motion. We need nine votes to pass the budget Bill. Councilwoman Blackwell.

Councilwoman Blackwell

Madam President, point of clarification. Councilman Goode talked about -- if I'm not mistaken, we had previous question, he called the previous question. Previous 05/29/03 - STATED - 2ND READING & FINAL PASSAGE question can be called with not less than five members.

Council President Verna

I just read that.

Councilwoman Blackwell

Okay, we called for the question. Councilman Goode, let me ask for clarification. I know Councilwoman Blondell Reynolds second it. Therefore, my understanding is that we should be calling -- he called for a vote, that we should be voting on Bill No. 030004. That is my understanding as to where we should be. I will ask the Chair to rule. I'll ask the President to rule on that. I don't believe we're voting on his motion. I believe we're voting on the Bill. Am I correct?

Councilman Goode

That's correct.

Councilwoman Blackwell

According to our Rules we should be voting on Bill No. -

Councilwoman Verna

Right now the vote is on the motion.

Councilman Goode

Point of order, Madam President.

Council President Verna

Yes, sir.

Councilman Goode

I called for the 05/29/03 - STATED - 2ND READING & FINAL PASSAGE question. I did not make a motion.

Councilwoman Verna

You call for the question?

Councilman Goode

I called for the question.

Council President Verna

What question?

Councilman Goode

I called for the question which is a call for the vote on the Bill.

Councilwoman Verna

And that is what the ruling that I just read refers to.

Councilman Goode

No, the ruling that you read refers to a call for a previous question.

Councilwoman Verna

There are several lights on. I don't know whether Councilmembers want to be recognized at this time. Councilman Nutter.

Councilman Nutter

Madam President, it was strictly for seeking either a ruling or an interpretation either from the Chair or Councilman Goode as to whatever the next vote is going to be, is it a vote on this calling of the question which is primarily for the purpose of ending the debate which members would then vote as to whether or not they want to end the debate? Or is it a expedited 05/29/03 - STATED - 2ND READING & FINAL PASSAGE procedure to immediately take us back to where we were, which is the Clerk read the title of Bill, it's been read on two different days, et cetera, et cetera, and that we're actually voting now on whatever the underlying Bill is, whatever its number may be. I think it's 04 or 05. My question is, what is the next vote on? Is it on in essence a motion to end debate which members will then have an opportunity to decide whether they want to end debate? Or is it an expedited procedure to get you back to the Bill that was in question? I just want to know what we're actually voting on.

Councilwoman Verna

I am getting an interpretation attorneys.

Councilman Goode

A call for a question supersedes everything.

Councilwoman Verna

We agree, but it has to be voted on.

Councilman Goode

It does not have to voted on. A call for the question takes you straight to a vote on the Bill.

Council President Verna

You made a 05/29/03 - STATED - 2ND READING & FINAL PASSAGE motion.

Councilman Cohen

Madam President, the motion made by Councilman Goode acquires the approval of five members to present the motion. And if there are five, then a vote will take place and that vote requires nine votes to win because the Rules talk in the language of the Home Rule Charter. Whenever it says a majority of all the members of City Council, the interpretation is a majority of the 17 membership established by the Home Rule Charter. For example, when we seek to override a veto, we always need 12 votes no matter what the membership at City Council may be. If City Council gets down below 12, it means City Council's lost its ability to ever consider a veto because if everybody voted unanimously, 11 members would not be enough. So you have to two thresholds here for the vote to terminate the discussion and vote on the Bill: Five members to request it, and nine members to support it.

Councilwoman Verna

Councilman Ortiz, your light is on. You want to be recognized?

Councilman Ortiz

Yes, Madam Chair. If 05/29/03 - STATED - 2ND READING & FINAL PASSAGE we go with the interpretation that Councilman Goode says, it would end debate on the budget. This Session is not just to rubber stamp the budget, but at least for those of us who have questions that have still not been answered as to the budget to be answered and the budget to be debated. This is a budget that is not transparent. This budget has many unanswered questions to it. It is not a budget because we still have and are awaiting for questions to be answered from the Administration. The Administration has said that this is not the budget and these are not the priorities that we're setting. The cuts, and there are going to be cuts, are to be determined in a later period. What we want to know before we decide on a budget is, what is it that approving and what cuts are going to be made. And what if none of that aid from the State is forthcoming? Those answers were supposed to have been provided to us before this date. I know we have a Charter obligation. But those are questions that are still up in the air. This is not a budget that has been cleared through the budget process, that has answered the questions that this Council 05/29/03 - STATED - 2ND READING & FINAL PASSAGE has put forward to it. This is a budget that is with many, many questions to it as to where the cuts are going to come from, because there are cuts, and where money is going to be allocated. And we have not gotten those answers from the Administration. I thought at least that some of these things could be debated. Obviously, we want to shut debate on the budget and just vote on it.

Councilwoman Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I believe there was a call for the question. And in spite of all of this, that is the issue of the hour. There's a call for the question and we have to deal with that. We may have all kinds of opinions, but Councilman Goode made a motion. That is where we are. There's a call for the question on the table. That is what we deal with. Legally, that is our responsibility. We can agree or disagree, but we still have to go by the Rules.

Councilwoman Verna

In consultation with the attorneys on staff, the Councilman made a motion. I think everybody's been heard anyway. I 05/29/03 - STATED - 2ND READING & FINAL PASSAGE don't know that there's going to be anymore debate. We will now vote on Councilman Goode's motion, and I believe that was -- Councilman Goode.

Councilman Goode

I did not make a motion. I called for the question.

Councilwoman Verna

Well, Councilman, you're either making a motion or you're not making a motion.

Councilman Goode

I called for the question, and I call for the question.

Council President Verna

Again, I am told that you would have to make that in the form of a motion. Is there anyone who wants to speak on the Bill?

Councilman Cohen

Yes, I would like to continue.

Councilwoman Verna

Oh, you want to continue.

Councilman Cohen

I would like to continue the speech on budget.

Councilwoman Verna

The debate will continue unless someone makes a motion to stop the debate. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE Please continue, Councilman Cohen.

Councilman Cohen

Madam President, these are the areas I'm very much concerned about in the budget not been dealt with fully. The Philadelphia Citizens for Children Youth say they need $300,000 more to continue their program. Actually, they want $5 million totally for the future, but there's been no consideration at all given to that. The Administration said they would think about it, but they've taken no action so we don't know what they're going to do. Dignity Housing, a fine program that supports residential housing has made a request for at least $50,000. The Administration said they would look into it. No answer from the Administration one way or the other. Lead paint remediation, I've already discussed. All the City says as to this stage is that they will not permit the backlog to increase. There is two years backlog. After some 35 years of backlog, it's time to eliminate that. But we have no answer finally from the City. The Faculty Federation of the Community College of Philadelphia has requested $800,000 this 05/29/03 - STATED - 2ND READING & FINAL PASSAGE year to bring parity to the unfair situation that exists in which the interim professors, the adjunct professors who teach part-time don't get the same salary level as the full time professors, yet in many ways they carry even greater responsibilities, including the responsibility of being available for conferences with students. No answer from the Administration. We have methods that can secure that money only for that given purpose, but the Administration still has it under study. The SEPTA tokens for school children, that's been around. Councilman Goode has participated with me on that. In fact, I think he's the leader of that. But no action by us on SEPTA. Fairmount Park has asked -- the activists have asked for 340,000 more for the park. It's a very minimal figure.

Councilwoman Blackwell

Madam President.

Councilman Cohen

We've got the story only that the City is considering it. We have no answer. We have legislation for a number of years providing more money for allies, driveways, 05/29/03 - STATED - 2ND READING & FINAL PASSAGE and retaining walls, but the Mayor takes the position -

Councilwoman Blackwell

Madam President.

Councilwoman Verna

The Chair recognize the Blackwell.

Councilwoman Blackwell

Madam President, we have here Mason's rules. We have list the list of motions. My colleague called for the question. In the rules we have it here in writing, under Item 10, Request for a motion to withdraw a motion or question which is under consideration. My colleague called for the question. So legally, according to the Mason Rules -- I'm happy to have all my colleagues on the technical staff review them. We have them in writing. He called for the question. We have to vote on the Bill.

Councilwoman Verna

Mr. Shapiro, are you in a position to respond to this right now? Councilwoman Miller, I would like recognize you at that point while we're waiting.

Councilwoman Miller

Thank you, Madam President. I'd like to leave my vote of aye on all Bills because I need to leave the chambers. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE

Council President Verna

Thank you. Can I see a copy?

Councilwoman Blackwell

Madam President, we need to be clear in terms of where we are. If we call for the question, we need to make sure that we're legally clear and so we are trying deal with that issue.

Councilwoman Verna

We have our attorneys there looking at it.

Councilwoman Blackwell

Thank you.

Council President Verna

Am I correct in our assumption that our Rules take precedent over Mason's Rules.

Councilman Cohen

Absolutely, Madam President.

Mr. Shapiro

Masons apply only to the extent that they -

Council President Verna

Speak into the microphone so everybody can hear you.

Mr. Shapiro

Mason's Rules apply only if they are not inconsistent with the Rules of Council. And the Rules of Council make clear that a motion for previous question in order to stop debate is a motion which is subject to a vote and is 05/29/03 - STATED - 2ND READING & FINAL PASSAGE approved only if a majority of all the members, which is nine members, vote aye on said motion. So anything that's in Mason's that's contrary to that does not apply to the procedures of the Council.

Councilwoman Verna

And I'm sure if we keep debating this issue, by the time it comes up for a vote, we're not going to have nine Councilmembers here. Councilman Goode.

Councilman Goode

Thank you, Madam President. The Rules of Council do not conflict Mason's under this situation. I did not call for the previous; I called for the question. When it's not addressed within the Rules of Council, the Mason's takes over in terms of precedent and in terms of rules.

Mr. Shapiro

I'm not aware of any substantive difference between a call for the previous question and a call for the question, but I'll be happy to look at Mason's to see if it addresses that in a different manner. But I am not currently aware of any difference, but I'll be happy to look at Mason's.

Councilman Cohen

Madam President, I 05/29/03 - STATED - 2ND READING & FINAL PASSAGE don't know why we're in such a hurry to deal with the Mayor's request for the budget. The Mayor is the one responsible for meeting the deadline under the Home Rule Charter. (Pause.)

Council President Verna

Can I have everyone's attention, please? We're still in Session. The Chair is going to rule that Councilman Goode's point of order is denied unless he makes a motion in the form of a motion for the previous question. Otherwise, at this time I would hope that Councilman Cohen is about finished with his remarks so that we could move on with the vote. I believe that there are people coming in for Public Property public hearings. I think, Councilman Cohen, you expressed your feelings about the budget issue.

Councilman Cohen

Not entirely, Madam President. I haven't been permitted to.

Councilwoman Verna

If you would continue, and I would request that you please make your remarks very brief so that we could proceed with the Calendar.

Councilman Cohen

Well, I would like to be cooperative, Madam President. But I think this 05/29/03 - STATED - 2ND READING & FINAL PASSAGE budget is the most important issue that comes before Council. Under the Home Rule Charter, it is the budget that City Council works with. It's our main function, and I think it would be wrong to shortcut it. We probably have been done with this well over maybe even an hour ago, but I respect Councilman Goode and respect his thoughts, and I think he acts appropriately when he raises these questions. But at the same time, I think I also have the right to raise questions about why we should act in response to a Mayor who ignores us, who seems to express only contempt for this body, who thinks that we're something below an advisory group. And therefore, I don't know why we have to pay attention to this budget or to help him meet his deadline. He doesn't care about us in any fashion at all. How can he leave all these issues undecided? For example, in South Philadelphia and Southwest Philadelphia, people there have been suffering from something called the plume for years now, billowing smoke making it impossible for the citizens of portions of South Philadelphia and Southwest Philadelphia to breathe any kind of air. Even dirty air they can't breath because there's no 05/29/03 - STATED - 2ND READING & FINAL PASSAGE room for dirty air. There's just this terrible plume. Yet the answer from the Mayor is, "We'll study the situation." Nothing happens. The Mayor tries to compel veteran legislators and veteran employees to retire under the threat of depriving their families of health insurance if they happen to die while on duty. Whereas if they retired, he points out, and the law in Philadelphia permits it, the families would be protected. The Mayor has known of this crazy situation that exists in the City's health plan for more than two years. What's his response? He ignores it. There's no money in the budget for dealing with that. He says he keeps studying it. I don't see how we can move a budget ahead on that.

Councilman Goode

Point of order.

Council President Verna

The Chair recognizes Councilman Goode.

Councilman Goode

Call for the question.

Councilwoman Verna

Is that the form of the motion?

Councilman Cohen

I regret the delay that involves everybody, but Council budget dealings 05/29/03 - STATED - 2ND READING & FINAL PASSAGE is its single most important function.

Council President Verna

Councilman Cohen, please continue.

Councilman Cohen

On the question of pensions, every City employee is threatened with a drastic change in the pension system. The Mayor has proposed in the Public Housing Administration that pensions be frozen at the level a worker would get a pension if he worked for the City in year 2003. That means that if you worked for 10 or 20 years after that, you get no pension increase. We tried to find out from the Mayor, is the proposal at Public Housing merely a test to see whether that should substitute for the plan we have in Philadelphia? It's very uncomfortable for every City employee to be confronted with the fact that his pension may be based on a salary that he got 20 years ago. No answers from the Mayor on that. Does the Mayor answer when the committees of City Council asks an administrator of an agency to testify before City Council? The Mayor is either supporting two people in his Administration, two people that he's appointed. The Mayor either has no control over them or else he is 05/29/03 - STATED - 2ND READING & FINAL PASSAGE supporting a state that I compare with the state of anarchy. Two administrators are saying to City Council, "We do not recognize your authority." How can we operate as a government? Why should we honor the Mayor's request that we act if he doesn't honor anything we do.

Councilman Goode

Point of order.

Councilwoman Verna

The Chair recognizes Councilman Goode.

Councilman Goode

Call for the question.

Councilwoman Verna

Again, I ask the Councilman is that in the form of the motion?

Councilman Goode

No.

Councilwoman Blackwell

We have a call for the question on the table.

Council President Verna

It's not on the table because it has not been made in the form of a motion. The Chair recognizes Councilman. Again, I ask, Councilman, to try to be as brief as possible.

Councilman Cohen

Very good, Madam President. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE Healthcare for senior citizens. It's a growing problem and a terrible problem. There are many senior citizens in the City who are subject to all kinds of different schemes that deprive them of the ability to support themselves. They have nowhere to go. We ask for an item in the budget on that matter. No reply. The Administration still is discussing it. No answer at all on that. On City health centers, the attention given, we're the only major City in the country that has no city hospital. That was eliminated many years ago when Philadelphia General Hospital was eliminated. And in return we were given a series of health centers in the districts. They are inadequately funded. We raise that question with the Mayor in this budget. There's no answer whatever. Councilman Ortiz has held hearings on prison healthcare. As far as the budget concerned, no increase in any prison budget for health purposes for the inmates. The only issue that has been partly dealt with was the issue of the Philadelphia Cultural Fund. We had a minimum budget pass, 05/29/03 - STATED - 2ND READING & FINAL PASSAGE despite the opposition of the leader in Council, I guess a self-proclaimed leader of the Arts and Cultural Fund. We got at least 325,000 additional to what was originally recommended. It's inadequate, but that's the one area where there's been some action. These are main questions. I could raise a number of other matters. Then we have the other actions by the Mayor. The Supreme Court of Pennsylvania ruled that certain billboards were illegally there. The Mayor has authorized the City to thumb its nose at the Pennsylvania Supreme Court. He refuses to take any action to eliminate that billboard. If you're a press these days, you're reading about the growing scandal in New Jersey where it was revealed that two Governor McGreevey's -- and he's a Democrat. Two of his main advisors were involved in very questionable dealings with the billboard operators. Anybody who knows them would understand why questions have developed. These are the kinds of questions that lead me to feel that I have to vote against the budget. How can I support a budget when City 05/29/03 - STATED - 2ND READING & FINAL PASSAGE Council which has the responsibility for passing a budget is treated so contemptuously by the Mayor? We have to be able -

Councilman Goode

Point of order.

Councilwoman Verna

The Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Madam President. I call for the question.

Councilwoman Verna

The point of order is overruled. Councilman Cohen.

Councilman Cohen

We have to be able, Madam President -

Councilman Goode

Point of order.

Councilwoman Verna

Is this the same point of order?

Councilman Goode

Point of order.

Council President Verna

Is this the same point of order?

Councilman Goode

Point of order.

Councilwoman Verna

What is your point of order.

Councilman Goode

Thank you, Madam President. I call for the question. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE

Councilwoman Verna

Again, I would ask if this were in the form of the motion?

Councilman Goode

Yes, ma'am.

Councilwoman Verna

It is a motion?

Councilman Goode

Yes, ma'am.

Council President Verna

Are there four Members of Council that support the motion with Councilman Goode?

Councilwoman Blackwell

Second.

Councilwoman Verna

Those who are in favor of the motion, please raise your hand. (Raise of hands by Councilwoman Blackwell, Councilwoman Krajewski, Councilman Mariano, Councilwoman Brown.)

Councilwoman Verna

It is now in front of the Body, and it will require nine votes. At this point I would ask the Chief Clerk to please call the roll on whether or not the previous question is called.

Councilman Ortiz

Point of information.

Councilwoman Verna

Councilman Ortiz.

Councilman Ortiz

Is this motion in order to terminate debate on the budget? 05/29/03 - STATED - 2ND READING & FINAL PASSAGE

Councilwoman Verna

I would assume that's what it's for.

Councilman Ortiz

Thank you. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Madam Chair, further point of order. I do note that we have had this discussion that we're terminating the debate for the last hour or so. I think we've had some debate on the issue. And I think everybody wants to vote on all of these Bills today. I just for point of clarification thought I should note that we have had some debate on this issue for the last hour.

Councilwoman Verna

I believe that's what the vote is for, whether or not the members feel that we have had enough debate.

Councilwoman Blackwell

I noted for a point of clarification in response to the comments made by my colleague Councilman Ortiz. Furthermore, I vote aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

I know I'm supposed to say this during the course of the vote, but I just wanted a clarification. Voting on terminating 05/29/03 - STATED - 2ND READING & FINAL PASSAGE the debate on this particular Bill? Because there are a number of budget Bills.

Councilwoman Verna

On this particular Bill.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

No. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

No. THE

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye. THE

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

No. THE

Chief Clerk

Councilman O'Neill not present. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE Councilman Ortiz.

Councilman Ortiz

No. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

No. THE

Chief Clerk

Council President Verna.

Council President Verna

A very reluctant no. The motion carries. I believe it's 9 to 6. The debate is closed. We will now vote on Bill No. 030004. I would ask the Chief Clerk to call the roll. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE

Councilman Cohen

No. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

No. THE

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye. THE

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill voting aye. Councilman Ortiz.

Councilman Ortiz

No. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye.

Councilwoman Verna

The vote is 12 to 3. The Bill passes. I stand corrected. The vote is 13 to 3. The next Bill to be called for consideration Bill 030005. THE

Chief Clerk

An Ordinance amending an Ordinance approved May 15, 2002, Bill No. 020028, relating to Fiscal 2003 Capital Budget by increasing and adding projects and amounts in certain departments.

Council President Verna

This Bill having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye. THE

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill voting aye. THE

Chief Clerk

Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Bill passes. The next Bill to be called for consideration is Bill No. 030006. THE

Chief Clerk

An Ordinance amending an Ordinance approved May 15, 2002, Bill No. 020029, relating to the Capital Program for six Fiscal Years 2003-2008, by increasing and adding projects and amounts in certain departments.

Council President Verna

This Bill having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll. THE

Chief Clerk

Councilwoman Blackwell. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski voting aye. Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill voting aye. Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman 05/29/03 - STATED - 2ND READING & FINAL PASSAGE Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Bill passes. The next Bill to be called for consideration is Bill No. 030008. THE

Chief Clerk

An Ordinance amending Section 19-2604 of the Philadelphia Code related to tax rates, credits and alternative tax computation, for business privilege tax by reducing certain tax rates, all under certain terms and conditions.

Council President Verna

This Bill having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll. THE

Chief Clerk

Councilwoman 05/29/03 - STATED - 2ND READING & FINAL PASSAGE Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski voting aye. Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill voting aye. Councilman Ortiz.

Councilman Ortiz

Aye. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Bill passes. The next Bill to be called for consideration is Bill No. 030009. THE

Chief Clerk

An Ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization," by amending Section 19-1804, entitled "Authorization of Net Income Tax," all under certain terms and conditions.

Council President Verna

This Bill having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski voting aye. Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill voting aye. Councilman Ortiz. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Bill passes. Bill No. 030010 is next being considered. THE

Chief Clerk

An Ordinance amending Section 19-1301 of the Philadelphia Code, entitled "Real Estate Taxes," by restating the rates of tax in tabular form.

Council President Verna

This Bill having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski voting aye. Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill voting aye. Councilman Ortiz. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Bill passes. The next Bill to be considered is Bill No. 030012. THE

Chief Clerk

An Ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization," by amending Section 19-1806 to further authorize the Board of Education of the School District of Philadelphia to impose a tax on the use or occupancy of real estate within the School District of Philadelphia.

Council President Verna

This Bill 05/29/03 - STATED - 2ND READING & FINAL PASSAGE having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski voting aye. Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE THE

Chief Clerk

Councilman O'Neill voting aye. Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Bill passes. The next Bill to be called for consideration is Bill No. 030013. THE

Chief Clerk

A Ordinance amending Section 19-1801 of the Philadelphia Code entitled "Authorization of Tax," to further authorize the Board of Education of the School District of City of Philadelphia to impose a tax on real estate within 05/29/03 - STATED - 2ND READING & FINAL PASSAGE the City of Philadelphia.

Council President Verna

This Bill having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski voting aye. Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill voting aye. Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Bill passes. The next Bill to be called for consideration is Bill No. 030215. THE

Chief Clerk

An Ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with 05/29/03 - STATED - 2ND READING & FINAL PASSAGE the Office of Budget Commonwealth of Pennsylvania under the Redevelopment Assistance Capital Program.

Council President Verna

This Bill having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski voting aye. Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill voting aye. Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Bill passes. The next Bill to be called for consideration is Bill No. 030069. THE

Chief Clerk

An Ordinance authorizing transfers in appropriation for Fiscal 05/29/03 - STATED - 2ND READING & FINAL PASSAGE Year 2003 within the Grants Revenue Fund.

Council President Verna

This Bill having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski voting aye. Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill voting aye. Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Bill passes. The next Bill to be called for consideration is Bill No. 030070. THE

Chief Clerk

An Ordinance authorizing transfers in appropriation for Fiscal Year 2003 within the Water Fund. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE

Council President Verna

This Bill having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski voting aye. Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill voting aye. Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Bill passes. The next Bill to be called for consideration is Bill No. 030071. THE

Chief Clerk

An Ordinance authorizing transfers in appropriation for Fiscal Year 2003 within the Grants Revenue Fund.

Council President Verna

This Bill 05/29/03 - STATED - 2ND READING & FINAL PASSAGE having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski voting aye. Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. 05/29/03 - STATED - 2ND READING & FINAL PASSAGE THE

Chief Clerk

Councilman O'Neill voting aye. Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Bill passes. The next Bill to be called for consideration is Bill No. 030072. THE

Chief Clerk

An Ordinance authorizing transfers in appropriation for Fiscal Year 2003 within the Aviation Fund.

Council President Verna

This Bill having been read on two different days, the question 05/29/03 - STATED - 2ND READING & FINAL PASSAGE now is shall the Bill pass finally? The Clerk will please call the roll. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski voting aye. Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill 05/29/03 - STATED - 2ND READING & FINAL PASSAGE voting aye. Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Bill passes. The final Bill to be called for consideration is Bill No. 030030. THE

Chief Clerk

A Resolution providing for approval by the Council of the City of Philadelphia of a revised Five-Year Financial Plan for the City of Philadelphia, covering Fiscal Years 2003-2008.

Councilwoman Verna

The Chair 05/29/03 - STATED - 2ND READING & FINAL PASSAGE recognizes Councilwoman Tasco for a motion.

Councilwoman Tasco

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

Councilwoman Verna

It has been moved and properly seconded that the Resolution No. 030030 be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Councilwoman Verna

The ayes have it. And Resolution No. 030030 has been adopted. The Chair recognizes Councilwoman Blackwell for a motion on Resolution No 030401.

Councilwoman Blackwell

Madam President, I believe that that Resolution 030141, I believe that is Councilman Clarke's Resolution.

Council President Verna

I would ask the Chief Clerk to please read the title. THE

Chief Clerk

A Resolution also naming the 1800 block of Webster Street as Marian Anderson Place.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and Resolution No. 030401 has been adopted. That concludes the Calendar. Are there any more speeches on the part of the Minority? (No response.)

Councilwoman Verna

Are there any speeches on the part of the Majority? The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Madam President, I was handed a press release from Mayor's Office of Communications. The says the Mayor Street and Philadelphia, Pennsylvania, Building and Construction Trades Council AFL-CIO announced today that 100 new union apprenticeships positions will be filled by minorities. It says Mayor Street stood with the City's building union leaders to announce that over the next year -- the next year, not now -100 new apprenticeship positions will filled by minority workers who have graduated from the Diversity Apprenticeship Program, DAP. We have testimony in this Council over the last seven months in which we have over 125 or so people who already have graduated from the apprenticeship programs. And they're waiting for phone calls. And we have testimony here that those individuals have not gotten those phone calls. And we have testimony that ther are people that gone through that the percentages of those that go through the apprenticeship program never make it to journeyman. I'd like to find out what happened to those individuals that are already out there that have gone through this process, the 100 or so that are not being employed and are not being called? I recognize and I appreciate that they have heard what we've been saying in this Council over the last year years, but let's see what happens. And I bet you extra dollars that of the hundred over the next year very few make it through to journeyman. Promises, promises, promises, all during a political year. Thank you.

Councilwoman Verna

You're welcome. The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. While I have the opportunity, I would like to declare that the Public Property Committee has a quorum and that the hearing will go on immediately following the Session. A quorum of the Public Property Committee is in place in the room right now so we won't have to waist any time. Thank you.

Councilwoman Verna

Thank you. The Chair recognizes Councilman Cohen.

Councilman Cohen

I think other than to say it would good if Mayor Street rescinded his license to the building trades group to continue their discrimination. I don't know what the press release means, but I'm hoping that there is some progress along the way. Like Councilman Ortiz, I suspect that announcement and will have no meaning at all. Thank you, Madam President.

Councilwoman Verna

Thank you. Are there any other speeches on the part of the Majority? (No response.)

Council President Verna

Seeing none, the Chair recognizes Councilwoman Tasco for a motion.

Councilwoman Tasco

Thank you, Madam President. I move that Council stand adjourned until Thursday, June 5, at 10:00 a.m.. (Duly seconded.)

Councilwoman Verna

It has been moved and properly seconded that Council stands adjourned until Thursday, June 5, 2003 at 10:00 a.m. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. And Council stands adjourned until Thursday, June 5th at 10:00 a.m. Thank you all very much. (Council adjourned at 1:40 p.m.) C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of May, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING ___________________________ Lisa C. Bradley, RPR and Notary Public

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