COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, May 15, 2003 10:35 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
Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. Council will come to order. Members will please take their seats. I ask that the door be closed please. To give our invocation this morning, the Chair welcomes Reverend John Boabowitch, Pastor of St. Barnabas Roman Catholic Church. Father is here today at my invitation. Members and guests will please rise.
In the name the Father and Son and Holy Spirit. A reading of the words of the second letter of Paul to Timothy think. "But you remain faithful to what you have learned and believed because you know from whom you learned t and that from infancy you have known the sacred scriptures which are capable of giving you wisdom for salvation through faith in Christ Jesus. All scripture is inspired by God and is useful for teaching, for correction, and for training and righteousness, so that one who belongs to God may be competent, equipped for every good work." Let us pray. Almighty and eternal God, you have revealed your glory to all nations. God of might, wisdom and justice, through you, authority is rightly administered, laws are enacted, and judgment is decreed. Let the light of your devine wisdom direct the deliberations of City Council and shine forth in all the proceedings and laws framed for our rule and government. May they seek to preserve peace, promote happiness, and continue to bring us the blessings of liberty and equality. We likewise commend to your abounded mercy all citizens of the City of Philadelphia that we may be blessed in the knowledge and sanctified in the observance of your holy law. May we be preserved in union and that peace which the world cannot give. And after enjoying the blessings of this live, be admitted to those which are eternal. We pray to you, our Lord and God, forever and ever. Amen.
The Chair thanks Father Baobowitch for his very inspiring invocation. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of May 8, 2003. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, May 8, 2003, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, May 8, 2003, stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the Journal the meeting of Thursday May 8, 2003, has been approved. The next order of business is requests for leaves of absence. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absence on the part of the Majority.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the Republicans, we're both here. No request for leave of absence on behalf of the Republicans.
Thank you. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all Members of City Council, I welcome you to our Council Session 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. At this time, the Chair recognizes Blackwell.
Thank you, Madam President. This morning we have some leaders from my community. We have Thelma Peak who is director owner of Peak's Little Angles, and they are here this morning.
If they would stand, we would certainly like to recognize them. Welcome. (Applause.)
The next order of business is communications. The Chair recognizes 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
To the President and Members of the Council of the City of Philadelphia, I am returning herewith as disapproved Bill No. 030163. Council passed this bill at its Session on May 1, 2003. And I am pleased to advise you that on May 15, 2003, I signed all of the bills that were passed by Council at its Session on May 1, 2003. And I am transmitting for the consideration of your Honorable Body resolution entitled, a resolution appointing Tom Knox to the Board of Directors of the Hospitals and Higher Education Facilities Authority of Philadelphia. And an ordinance authorizing the Mayor on behalf of the City to file an application with the United States Department of Housing and Urban Development for the Community Block Grant, under And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to acquire from the Urban Education Development Research and Retreat Center titled known as 4601 Market Street. And an ordinance authorizing the Commission of Public Property on behalf of the City of Philadelphia to acquire from the Philadelphia Housing Development Corporation fee simple title to a property located at 1208 Kater Street. And an ordinance authorizing the Commissioner of Public Property to enter into a series of transactions whereby the City of Philadelphia would sell to the Philadelphia Authority for Industrial Development a certain City-owned building located at 1901 Vine Street. An and ordinance authorizing the Commission of Public Property and Director of Commerce on behalf of the City to exercise the City's opinion under a lease agreement and enter into agreement to acquire all right title interest of the Philadelphia Parking Authority. And an ordinance constituting the 5th AND RESOLUTIONS Supplemental Ordinance to the amended and restated General Airport Revenue Bond Ordinance.
The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possession. THE
Thank you. The next order of business is the introduction of Bills and Resolutions. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit consideration of Resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor of the motion will indicate by saying aye. AND RESOLUTIONS (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer two Resolutions which should be referred to appropriate committee.
Thank you. The Clerk will please read the title of the Resolutions. THE
A Resolution appointing Jenny Newkirk to the Board of Directors of the Southeastern Pennsylvania Transportation Authority.
The Resolution will be referred to the appropriate committee. THE
And a resolution appointing Tom Knox to the to the Board of Directors of the Hospitals and Higher Education Facilities Authority of Philadelphia.
This Resolution will be referred to the appropriate AND RESOLUTIONS committee. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning I introduce three Bills. Also, I introduce five Bills on your behalf and two Resolutions.
Thank you. The Clerk read the title of the first Bill. THE
An ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to acquire from the Urban Education Development Research and Retreat Center fee simple title to the property of 4601 Market Street.
The Bill will be referred to the appropriate committee. THE
And an ordinance authorizing the Mayor on City to file an application with the United States Department of Housing and Urban Development for a Community Development Block Grant.
This Bill will be referred to the appropriate committee. AND RESOLUTIONS THE
And an ordinance amending Chapter 19-200 of the Philadelphia Code, entitled "City Funds Deposits Investments, Disbursements," by adding Hudson United Bank to the list of City depositories.
The Bill will be referred to the appropriate committee. THE
And an ordinance authorizing the Commissioner of Public Property and Director of Commerce on behalf of the City to exercise the City's opinion under lease agreement and enter into an agreement to acquire all right, title, and interest to the Philadelphia Parking Authority.
The Bill will be referred to the appropriate committee. THE
And an ordinance constituting the 5th Supplemental Ordinance to the amended and restated General Airport Revenue Bond Ordinance.
The Bill will be referred to the appropriate committee. THE
And an ordinance authorizing revision of lines and grades on a AND RESOLUTIONS portion of City Plan No. 17S by striking from the City Plan and vacating Oakford Street from 30th Street to 31st Street.
This Bill will also be referred to the appropriate committee. THE
And an ordinance authorizing the Philadelphia Phillies, Broad Street and Pattison Avenue, Philadelphia, its successors and assigns to construct, own, maintain a total of 55 street light poles with luminaries and 27 pedestrian light poles.
The Bill will be referred to the appropriate committee. THE
And an ordinance granting permission to Poppy's Enterprise, located 3120 South 20th Street to construct, use, and maintain a building encroachment entrance addition north and south roof embellishments.
The Bill will be referred to the appropriate committee. THE
And a Resolution also naming the 1800 block of Webster Street, known as Marian Anderson Place.
The Resolution AND RESOLUTIONS 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 deeds located in the 40th Ward of the City of Philadelphia.
Thank you. The Chair recognizes Councilwoman Blackwell.
Madam President, I move for the adoption of the Resolution. (Duly seconded.)
It has been moved and seconded that the Resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Cohen.
I have no Bills or Resolutions this morning. AND RESOLUTIONS
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you. The Clerk will please read the title of the Bills. THE
An ordinance granting permission to Coleman Properties, a Pennsylvania partnership, its successors and assigns, to maintain, operate, replace and remove duct bank for telecommunication purposes under the Delaware River.
The Bill will be referred to the appropriate committee. THE
And an ordinance amending Section 10-717 of Chapter 10-700 of the Philadelphia Code entitled "Store, Separation, Collection and Disposal of Refuse," to provide for the allowable times for setting our refuse for certain collections.
The Bill will be referred to the appropriate committee. THE
And an ordinance AND RESOLUTIONS authorizing the Commissioner of Public Property on behalf of the City to acquire from the Consolidated Rail Corporation, all its rights, title and interest, if any, and to certain real property comprised of parcels of real estate known as part of the Kensington and Tacony Industrial Tract.
This Bill will be referred to the appropriate committee. THE
And 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 have Wheatsheaf Lane.
This Bill will be referred to the appropriate committee. The Chair recognizes Councilman Mariano.
Thank you. The Clerk will please read the title of the Bill. THE
An ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by adding a new section requiring a Zoning Board of Adjustment certificate for any new construction of a commercial or retail building of a AND RESOLUTIONS certain size, all under certain terms and conditions.
The Bill will be referred to the appropriate committee. THE
And a Resolution authorizing public hears of the Committee of Public Safety regarding the proliferation of motorized scooters in the City of Philadelphia.
Move for the adoption of the Resolution. (Duly seconded.)
It has been moved and properly seconded that the Resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the Resolution will be referred to the Committee on Public Safety. The Chair recognizes Councilwoman Tasco. AND RESOLUTIONS
Thank you. The Clerk will please read the title of the Resolution. THE
A Resolution declaring May 24th to 26, 2000, Cherokee Heritage Weekend in the celebration of the 10th Annual Cherokee Indian Festival.
I move for the adoption of the Resolution. (Duly seconded.)
It has been moved and seconded that the Resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilwoman Miller. AND RESOLUTIONS
Thank you, Madam President. I offer one Bill and one Resolution.
The Clerk will please read the title of the Bill. THE
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to Section 8-200 of the Philadelphia Home Rule Charter by permitting the use of electronic submission to improve the bidding process, as approved by Resolution of the City Council.
The Bill will be referred to the appropriate committee. THE
And a Resolution proposing an amendment to the Section 8-200 of the Philadelphia Home Rule Charter permitting the use of electronic submission to improve the bidding process and providing for the submission of the amendment to the electors of Philadelphia.
Thank you, Madam President. I move for the adoption of the Resolution. AND RESOLUTIONS
Madam President, these are Councilwoman Miller's Charter amendments?
They are. They will be referred to the appropriate committee. Thank you. The Chair recognizes Councilman Nutter.
The Clerk will please read the title of the Bill. THE
An ordinance amending Section 4 of and ordinance, Bill No. 010381, approved June 14, 2001, entitled an ordinance authorizing Edward Philippine, owner of the property located 5651 Lansdowne Avenue to construct, use, and maintain a one-story building addition on and over east footway of 57th Street.
The Bill will be referred to the appropriate committee. THE
And an ordinance regulating the direction of the movement of traffic on Haddington Lane from 59th Street to Felton AND RESOLUTIONS Street.
This Bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I have offer no Bills OR Resolutions this morning.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no Bills or Resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Ortiz..
Thank you, Madam Chair. I have no Bills or Resolutions today.
Thank you. The Chair recognizes Councilman DiCicco.
Thank you, Madam Chair. I offer eight Bills and one Resolution.
Thank you. The Clerk will please read the title of the first Bill. THE
An ordinance amending AND RESOLUTIONS Chapter 11-300 of the Philadelphia, entitled "Board of Surveyors," by amending Section 11-301, entitled "Street Improvements."
The Bill will be referred to the appropriate committee. THE
And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to acquire from the Philadelphia Housing Development Corporation fee simple title to the area located at 1208 Kater Street.
This Bill will be referred to the appropriate committee. THE
And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 26S by striking from the City Plan Porter Street from Christopher Columbus Boulevard.
The Bill will be referred to the appropriate committee. THE
And an ordinance granting permission to Sun Guard Availability Services, 401 North Broad Street to construct, own, use, and maintain a concrete conduit bank housing AND RESOLUTIONS electrical cables.
The Bill will be referred to the appropriate committee. THE
And an ordinance amending Title 14 of the Philadelphia Code relating to zoning and planning by amending Section 14-1612, entitled "South Street Head House Square Special Service District Controls," by extending the said controls to conform with the City Council ordinance.
This Bill will be referred to the appropriate committee. THE
And an ordinance authorizing Trigent Philadelphia Energy Corporation, 2600 Christian Street, its successors and assigns, to construct, own and maintain underground chilled water distribution system.
The Bill will be referred to the appropriate committee. THE
And an ordinance authorizing the installation of stop signs on Second Street at the intersection of Poplar Street.
The Bill will be referred to the appropriate committee. THE
And an ordinance AND RESOLUTIONS amending Title 14 of the Philadelphia Code relating to zoning planning by amending Chapter 14-1600, entitled "Miscellaneous," by amending 14-1610 entitled, "Old City Residential Special District Controls."
The Bill will be referred to the appropriate committee. The Clerk will please read the title of the Resolution.
A Resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 5th Ward of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the Resolution. (Duly seconded.)
It has been moved and seconded that the Resolution be adopted. All in favor will signify by saying aye. (Aye.) AND RESOLUTIONS
The ayes have it, and the motion carries. The Chair recognizes Councilman O'Neill.
The Clerk will please read the title of the Bill. THE
An ordinance authorizing the installation of all way stop signs at the intersection of Cable road and Lester Road.
The Bill will be referred to the appropriate committee. THE
And an ordinance to amend the Philadelphia zoning maps by changing the zoning designations of certain areas of land located within an area bounded by Roosevelt Boulevard, Grand Avenue, and Blue Grass Road.
This Bill will be referred to the appropriate committee. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have three Bills and one Resolution. AND RESOLUTIONS
The Clerk will please read the title of the first Bill. THE
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 polls.
The Bill will be referred to the appropriate committee. THE
And an ordinance authorizing the Commissioner of Public Property to enter into a series of transaction whereby the City of Philadelphia would sell to the Philadelphia Authority for Industrial Development a certain City-owned building located at 1901 Vine Street.
This Bill will be referred to the appropriate committee. THE
And an ordinance authorizing G2S2 Associates, owner of the property 1605-1627 Sansom Street to construct, own, and maintain building encroachment over and above the north footway of the 1600 block of Sansom Street.
The Bill will be referred to the appropriate committee. AND RESOLUTIONS The Clerk will please read the title of the Resolution. THE
A Resolution authorizing the Commissioner of Property to execute and deliver to the Redevelopment Authority of the City deeds located in 15th, 16th and 28th Wards of the City of Philadelphia.
It has been moved and seconded that the Resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Rizzo.
The Chair next order of business is reports from committees. The Chair recognizes Councilwoman Blackwell for a report from the Committee of the Whole.
Thank you, Madam President. The Committee of the Whole reports 11 Bills out with a favorable recommendation.
The Chief Clerk will please read the report. THE
To the President and Members of the Council of the City of Philadelphia, the Committee of the Whole to which was referred Bill No. 030002, entitled an ordinance to adopt a Capital Program for six Fiscal Years 2004-2009, inclusive; And Bill No. 030003, entitled an ordinance to adopt a Fiscal 2004 Capital Budget; And Bill No. 030004, entitled an ordinance adopting an Operating Budget for Fiscal Year 2004; And Bill No. 030005, entitled 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; And Bill No. 030006, entitled an ordinance amending an ordinance approved May 15, 2002, Bill No 020029, relating to the Capital Program for six Fiscal Years 2003-2008; And Bill No. 032008, entitled an ordinance amending Section 19-2604 of the Philadelphia Code relating to tax rates, credits and alternate tax computation for the business privilege tax; And Bill No. 030009, entitled 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"; And Bill No. 030010, entitled an ordinance amending Section 19-1301 of the Philadelphia Code, entitled "Real Estate Taxes";. And Bill No. 030012, entitled an ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization"; 030013, entitled 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 the City of Philadelphia; And Bill No. 030222, entitled an ordinance creating the Progress Plaza Tax Increment 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; Respectfully reports it has considered and amended the same and returns the attached Bills to Council with a favorable recommendation.
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. 030002, 030003, 030004, 030005, 030006, 030008, 030009, 030010, 030012, and 030013. All those in favor will indicate by saying aye. (Aye.)
The ayes have it and the Bills just read will be placed on today's First Reading Calendar. Bill 030222 will be placed on the First Reading Calendar for our next Session of Council. At this time, the Chair again recognizes Councilwoman Blackwell for a report from the Committee on Finance.
Thank you, Madam President. The Committee on Finance reports out one Bill with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Committee on Finance to which was referred Bill No. 030215, entitled an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of Budget Commonwealth of Pennsylvania under the Redevelopment Assistance Capital Program in an aggregate amount not to exceed $76,092,000; respectfully reports it has considered the same and returns the attached a favorable recommendation.
Thank you. The Chair recognizes 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 No. 030215. (Duly seconded.)
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. 030215. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and Bill 030215 will be placed on today's First Reading Calendar. The Chair recognizes Councilwoman Krajewski for a report from the Committee on Appropriations.
Madam Chair, reports four Bills out with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Committee on Appropriations to which was referred Bill No. 030069, entitled an ordinance authorizing transfers in appropriation for Fiscal Year 2003 within the Grants Revenue Fund from the Director of Finance; And Bill No. 030070, entitled an ordinance authorizing transfers in appropriation for Fiscal Year 2003 within the Water Fund and certain or all City offices, departments, boards and commissions; And Bill No. 030071, entitled, an ordinance authorizing transfers in appropriation for Fiscal Year 2003 within the Grants Revenue Fund from the Department of License and Inspection to the Mayor's Office of Housing and Community Development; And Bill No. 030072, entitled an ordinance authorizing transfers in appropriation for Fiscal Year 2003 within the Aviation Fund from offices, departments, boards and commissions to certain or all City offices, departments, boards and commissions; Respectfully reports it has considered the same and returns the attached Bills to Council with a favorable recommendation.
Madam President, I move that the Rules of Council be suspended so as to permit first reading this day of Bills No. 030069, 030070, 030071, and 030072. (Duly seconded.)
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. 030069, 030070, 030071, 030072. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the Bills just read will be placed on At this time, the Chair recognizes Councilman Nutter for a report on the Committee of Fiscal Stability and Intergovernmental Cooperation.
Thank you, Madam Chair. The Committee on Fiscal Stability reports one Resolution with a favorable recommendation.
The Chief Clerk will please read the report. THE
To the President and Members of the Council of the City of Philadelphia, the Committee on Fiscal Stability to which was referred Resolution No. 030030, entitled 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; respectfully reports it has considered the same and returns the attached Resolution to Council with a favorable recommendation.
Thank you. Resolution No. 030030 will be placed at the end of today's Calendar. We will now have special business. Can attention, please. Council will now proceed under a special order of business to the reconsideration of Bill 030163. The Bill was passed by City Council at its May 1, 2003 Session and was returned disapproved by the Mayor at today's Council Session. At this time the Chair recognizes Councilman Cohen.
Madam President, I move that the Council reconsider Bill No. 030163, which was approved by Council on May 1, 2003. (Duly seconded.) All in favor, let it be known by saying aye. (Aye.)
The ayes have it, and the motion carries. Council will now reconsider the vote by which Bill No. 030163 was passed. The Chief Clerk will please read the title of the Bill. THE
I'm sorry. Councilman Cohen wants to speak. I didn't see his light on. Councilman Cohen.
Thank you, Madam President. It's with a heavy heart and a kind of quixotic note that I choose to speak at this time on this motion.
Thank you, Madam President. We know that Councilman Cohen is about to take us into a new realm. I just wanted to point out for the record, I think we need the reading of the title of the Bill in order to allow for the discussion to take place.
The Chief Clerk will please read the title of the Bill. THE
An ordinance amending Chapter 19-1500 of the Philadelphia Code, entitled "Wage and Net Profits Tax," by decreasing in stages the rates of the tax imposed upon certain low income for refunds of excess taxes paid, all under certain terms and conditions.
Thank you. The title doesn't do all that Councilman Nutter properly wished that it might do. But this is the Bill that would for the first time in the history of Philadelphia bring Philadelphia into conformity with fairness and equity in its tax policy. The reason I said I speak with a heavy heart and somewhat quixotically is that this illustrates what often is referred to as the bankruptcy of the political system in which topsy-turvy seems to be the rule. Everybody knows, and I proclaim whenever I can that I'm a very partisan Democrat. But at the same time, I look for ways always to in find a bipartisan approach to problems because I respect the Republicans as much as I respect the Democrats. It's that we have different ideas, and on the economics of life, we often differ. This happens to be an area where the Democratic Party has spoken out in its program very clearly. It says that tax cuts ought to be targeted to the working poor to people so low that they don't pay state or federal income tax. Everybody knows the state and federal government is controlled today by the Republican Party. And they have a policy of fairness and equity when it comes not to the tax cuts that President Bush wants where he robs the poor to pay the rich, but their income tax policies are very fair. They make exemption for low-income working people. For example, a family of four with four dependents altogether, including the wage-earners, does not pay income tax to the state or the federal government. If that family in income is $32,000 or less a year. And if it turns out that they have a fifth dependent it $7500 is added for each dependent. That's a fair policy. As a good Democrat, I'm envious. The Republicans stole a good proposal from the Democrats, and I've often complicated the Republicans for their fair policy on income tax. And then we come to this lovely City of Philadelphia, long known as a friend of labor, long known for its strong democratic leanings where we've had Democratic Mayors year after year, and we find a most regressive tax structure when it comes to the hatter how little you earn, as long as it's in the form of wages, you pay a wage tax. There's no exemption. Maybe you'll freeze because you can't pay the gas Bill. Maybe you won't be able to take your medicine because you can't afford to take the prescriptions that the doctor wants you to take. Maybe you won't eat three meals a day. Maybe you'll choose which kid goes to school this week. Maybe some weeks no children will go to school because in this very Democratic City of Philadelphia, education is not free if the distance has to be travel by public transportation. Because Philadelphia is one of the few cities that has no system other than charging people, families, low-income families to pay tokens in order to send their kids to school. So public schools in Philadelphia are not free if you have to travel by public transportation to get there. And so I try to right some wrongs. I try to make the Democratic Party live up to its program because its program calls for free public education. All schools ought to give special consideration to the problems of working people. We have a huge costly NTI Program. The brags about -- this Democratic Mayor that we have brags about he is trying to revitalize the neighborhoods. So what does he do? In neighborhoods that have been stripped of most retail businesses because there is insufficient income in the neighborhood to support a shoe repair shop, a tailor shop, a baby's clothing store, a men's clothing store, a women's clothing store, modest means, not the rich department stores but just ordinary stores, they've left the neighborhoods because there isn't enough purchasing power. Now, the Mayor is a very intelligent person.
He knows that when you put money into a worker's pocket, that money is spent right in the neighborhood. That money is not invested in long-term notions about building retirement plans. Because that family doesn't know whether it's going to survive to ever retire. That family has to live from day-to-day. Maybe they don't eat three meals every day. Maybe they keep the heat off on a cold day or may they keep it focused at 55 degrees instead of the 70 or 72 that's necessary for health reasons. " So this Democratic Mayor in the face of the fact that the Republican candidate for Mayor in this year's election testified here in City Council that he supports this Bill. This Democratic Mayor turns his back on the people of Philadelphia and says no. There's money for lots of things. The Mayor finds money everywhere for things he wants; but for what the people need, there is no money. That's why my heart is heavy today. I hope this Council takes action today to override the Mayor. Council is elected to represent the point of view of the people, not the point of view of the Mayor. Let the Mayor handle the Mayor's business; and let the Council handle the people's business. That's what we are elected to do. And I'm urging all my members in City Council, both Democratic and Republican to support and override the veto, bringing fairness and equity. Let the little old woman, as Councilman Lucien Blackwell spoke for the poor in connection with the 20 percent senior discount or for fair wages for working people, in the words of Councilman Blackwell, he would talk about the little old women in gray sneakers who have to supplement their small social security income, or the couple 75 years old who have to supplement their earnings. Don't take the wage tax cut from them. Don't take wage tax from the people in the service industries. Don't add to the burden of women of being underpaid and discriminated by further insulting them to pay wage tax. Fight for fairness. Fairness so the American people have some confidence in the political system and political parties they will live up to their programs. I urge all of my colleagues without exception voting in support to override of the Mayor's veto. Or you stand in front of your constituents and say you think they don't deserve the attention of the Mayor, that only campaign donors deserve the attention of the Mayor and Administration. Fight for fair play and tax structure. I urge all members to vote yes when it comes to overriding the Mayor. Let's have a fair tax system in Philadelphia. Thank you very much.
My frail colleague understand the issues of budget economics of the City of Philadelphia, Councilman David Cohen has just spoken very eloquently about the needs of people in this City. Not too long ago we had what the Daily News and the Inquirer and other newspapers called "the briefcase brigade" filled this Council. They filled this Council in their pin-striped suits, briefcases, very elegantly dressed, asking for a cut in the wage tax. A cut in the wage tax. And they said that at that time that the progress we have seen would be halted in its tracks if we were not continuing those wage tax cuts that Mayor Rendell had put into place. And they said that we would revert back to the days in which bankruptcy, unemployment, jobs would not come into the City of Philadelphia unless we handled the dreaded wage tax of the City of Philadelphia. It is the magic bullet. It is the magic mantra for economic development of the City. Everywhere you go, from the Pennsylvania Economic League and so on down the line, you've got to deal with the wage tax cut. But only if you deal with the wage tax cut that impacts on those individuals at the upper economic level of ladder, individuals that itemize their federal income tax and are able to write off the taxes they paid on wages to the City of Philadelphia. The family of four that makes $32,000 and less usually doesn't itemize. Usually that family is too busy taking care of the daily aspects of life, such as taking care of their kids, sickness, seeing that the rent is paid, seeing there's food on the table. They don't itemize. They just pay the wage tax. And they live from check to check. You miss a check, you could find yourself homeless. You miss a check, you may not have enough food for your kids. What does this mean? The wage tax cut that we're talking about would impact those Puerto Ricans who make less than $32,000; the African Americans in North Central Philly and West Philadelphia that are the working poor of this City. It would mean for a family like that around $900. That's not a pittance when you're living from check to check. That's not chump change when you don't have a lot of change to begin with. It means quite a lot. We give here tax breaks for the rich we have. We're building stadiums and going into debt. We're not building schools and going into debt. We're building stadiums for very rich owners and very rich ball players, stadiums that the working poor would never be able to afford the tickets into because they're too expensive, games that they will only be able to watch on TV if they have the money to pay for cable. We give tax breaks to people in this Council. We give enormous tax breaks to people. Somebody comes in here, said he wants to build a parking lot, a building to park cars, but he can't do it without having a 20-year tax break. Doesn't want to pay the taxes to the City, taxes that would go to fund our schools, taxes that would go to buy books, taxes that would go to buy computers, taxes that would go to hire and pay teachers a good salary. And with very little discussion, we usually say yes. I say yes. David Cohen has said. Every one of my colleagues has said yes. We give it. " We don't look at what's going to be the family of four that may have some money to buy some shoes and good clothing. It's a good Bill. It's a fair Bill. It's a Bill that we should have passed a long time ago. It's a Bill that its time has come. It's an equitable, fair Bill. We stand here -- and David spoke about the memory of Lu Blackwell. Lu Blackwell would be standing up and waving his arms about this time. I think the poor people of this people deserve this tax break. I think we should vote to override. Thank you, Madam Chair.
Thank you. Councilman Cohen, did you want to be recognized again?
Yes. Let's talk about economic impact. This Bill is so fair, so considerate of the City's needs, that it doesn't cost the City a penny until late in Year 6 or Year 7, up to the City to decide. It feeds the tax cut in a half percent a year over a six-year period. Because we heard the Mayor -- I didn't believe a word he said about the need. But we wanted to deal because we know people are concerned about services so we did it gradually. But the Mayor doesn't care he needs money apparently for the campaign contributors. He needs to have a 300 million NTI program to transform the neighborhoods that can't be transformed until you make the inhabitants of that neighborhood have more money so they can support retail businesses. A store owner moves out of North Philadelphia, moves out of residential areas generally because he can't manage to make a living, there isn't enough income. This Bill puts income. It's a Bill that calls for economic development because it enables these little retail businesses to exist. This is a Bill that gives the promise that in the future employers won't immediately have complaints from employees who say, "If we move to Philadelphia, we're going to get a wage cut immediately as a result of the wage tax." This gives the promise of a bright future for Philadelphia where employers can bring their people in without adding or or percent immediately to their wages in order to make up for the wage tax to the City. What the Mayor's message does when it says -- Governor Rendell is making a proposal to the State Legislature for some form of assistance. The says, "Let's wait until we see what happens to the Governor." We saw what happened to the Governor on the budget. He killed the people with his budget. And I believe the Governor knew the Republicans were going to accept the budget when he proposed it, a budget that cut human services, that eliminated funds for drug care, that hurt welfare people, that hurt all social services for ordinary people. We can't afford to take further gambles. We've got to begin building a City of Philadelphia that takes care of its people. This Bill is good for working people, it's good for business. It will restore the neighborhoods because it will make them viable. It will make businesses able -- the small retail stores will be able to survive. That's why this Bill is such a good Bill. Fairness and equity in taxes always benefits the government. That's why the Republicans learned that so much better than the Democrats. That's why people are cynical about government, because they find government tends only to help the rich. And every time, as Councilman Ortiz just pointed out, whenever you try to build something and give something to the working people people a benefit of government, it's as if the rains are going to fall forever, it's going to create a 40-day rainfall like the Bible threatens, or it's like the parting of the Red Sea. Giving neighborhood people fairness in their tax structure should be the first consideration of the City Council. It ought to be our obligation to see to it that government is fair to ordinary people. Once more, I ask that every member of this Council, whether Democrat or Republican support this Bill because it's the decent thing to do, it's required to do. You're helping to build Philadelphia instead of waisting a lot of money. Thank you, Madam President.
Just this issue will never die. It will either pass today or it will continually be presented in City Council until every Member of City Council has to address this issue at every community Session when they're asked "How could you possibly have voted against this Bill?" So let's do it now and do it at a time when fairness and equity will shine brightly. Thank you.
You're welcome. This Bill having been read on two different days, was duly approved by City Council at its Session of May 1, 2003, the question is shall this Bill No. 030163 pass notwithstanding the Mayor's disapproval? Please note that a vote of aye is a vote to override the Mayor's veto, and a vote of no is to sustain the Mayor's veto. The Clerk will please call the roll. THE
Aye. The ayes are 10, the nays are 6. A two-thirds majority of all Members of Council having voted in the negative, the Mayor's veto is ask the Chief Clerk to please read the Bills on the First Reading Calendar. THE
Bill No. 030002, an ordinance to adopt a Capital Program for the six Fiscal Years 2004-2009, inclusive.
Bill No. 030003, an ordinance to adopt a Fiscal 2003 Capital Budget.
Bill No. 030004, an operating adopting an Operating Budget for Fiscal Year 2004.
Bill No. 030005, an ordinance 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.
Bill No. 030006, an ordinance amending an ordinance approved May 15, 2002 relating to the Capital Program for six Fiscal Years 2003-2008.
Bill No. 030008, an ordinance amending Section 19-2604 of the Philadelphia Code relating to tax rates, credits, and alternate tax computation for the business privilege tax.
Bill No. 030009, an ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization.
And Bill No. 030010, an ordinance amending Section 19-1301 of the Philadelphia Code, entitled "Real Estate Taxes," by restating the rates of tax in tabular form.
The Chair Clerk: And Bill No. 030012, an ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization."
And Bill No. 030013, an ordinance amending Section 19-1801 of the Philadelphia Code entitled "Authorization of Tax."
Bill No. 030215, entitled an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of Budget Commonwealth of Pennsylvania under the Redevelopment Assistance Capital Program in an aggregate amount not to exceed $76,092,000 .
The Chair agrees. 69 transfers appropriation for Fiscal Year 2003 within the grants revenue Director of Finance.
And Bill No. 030069, an ordinance authorizing transfers in appropriation for Fiscal Year 2003 within the Grants Revenue Fund from the Director of Finance.
And Bill No. 030070, an ordinance authorizing transfers in appropriation for Fiscal Year 2003 within the Water Fund from certain or all City offices, departments, boards and commissions.
And Bill No. 030071, an ordinance authorizing transfers in appropriation for Fiscal Year 2003 within the Grants Revenue Fund from the Department of Licenses and Inspections.
And Bill No. 030072, an ordinance authorizing transfers in appropriation for Fiscal Year 2003 within the Aviation Fund from certain or all offices, departments, boards and commissions to certain or all City offices, 05/15/03 - STATED - 2ND READING & FINAL PASSAGE departments, boards, and commissions.
The Chair agrees. The Bills just read by the Chief Clerk will be placed on the second reading and Final Passage Calendar for our next Session. That concludes our First Reading Calendar. The Chair now recognizes Councilwoman Blackwell for the purpose of calling up Bills on the Second Reading and Final Passage Calendar.
Thank you, Madam President. Today Bill Nos. 030016A, 030141, 030161, 030162, 030164, 030217, 030219, 030078, 030242, 030252, 030122, and 000682 are being called up for second reading and final passage. All other Bills are being held.
Thank you. The Clerk will please read the title of Bill No. 030016A. THE
An ordinance providing for the submission to the qualified electors of the city of Philadelphia of an amendment to the Philadelphia Home Rule Charter relating to the 05/15/03 - STATED - 2ND READING & FINAL PASSAGE composition of the Board of Pensions and Retirement, as approved by Resolution of the City Council.
This Bill having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll. THE
Aye. 05/15/03 - STATED - 2ND READING & FINAL PASSAGE THE
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
An ordinance amending 05/15/03 - STATED - 2ND READING & FINAL PASSAGE Chapter 9-700 of the Philadelphia Code entitled "Amusement Businesses," by amending Section 9-703 to prohibit the use of pyrotechnic devices, fireworks, explosive or similar materials within dance halls, all under certain terms conditions.
Madam President, I got a late request from Department of Licenses and Inspections to hold the Bill. There's still some information that needs to come as a result of a study, so I'd like to hold that.
Thank you. Bill No. 030141 will be held at the request of the sponsor. The Clerk will please read the title of Bill No. 030161. THE
An ordinance authorizing the paving of Markoe Street, Aspen Street 45th Street, and portions of 47th Street.
This Bill having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll. THE
Councilwoman 05/15/03 - STATED - 2ND READING & FINAL PASSAGE Blackwell.
Councilman Ortiz. 05/15/03 - STATED - 2ND READING & FINAL PASSAGE
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. 030164. THE
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 55 by striking from the City Plan and vacating the legally open portions of Bermuda Street from Adams Avenue to Church Street.
This Bill having been read on two different days, the question now is shall the Bill pass finally? 05/15/03 - STATED - 2ND READING & FINAL PASSAGE The Clerk will please call the roll. THE
Councilman O'Neill. 05/15/03 - STATED - 2ND READING & FINAL PASSAGE
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 030162. THE
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 107 within an area bounded by Fairmount Avenue, 47th Street, Brown Street, and 44th Street.
This Bill 05/15/03 - 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
Councilman Nutter. 05/15/03 - STATED - 2ND READING & FINAL PASSAGE
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. 030217. THE
An ordinance establishing a no truck parking regulation on Whitaker Avenue, from Adams Avenue to Godfrey Avenue, both sides. 05/15/03 - STATED - 2ND READING & FINAL PASSAGE
This Bill having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll. THE
Aye. 05/15/03 - STATED - 2ND READING & FINAL PASSAGE THE
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. 030219. THE
An ordinance establishing a no truck parking regulation on the 800 block of Foulkrod Street, from Whitaker Avenue 05/15/03 - STATED - 2ND READING & FINAL PASSAGE to Howland Street, both sides.
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
Councilwoman Miller. 05/15/03 - STATED - 2ND READING & FINAL PASSAGE
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. 030078. THE
An ordinance naming and designating the West Philadelphia Regional 05/15/03 - STATED - 2ND READING & FINAL PASSAGE Branch of the Free Library of Philadelphia, located at 125 South 52nd Street as the Lucien E. Blackwell Regional Branch of the Free Library of Philadelphia.
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
Councilman Mariano. 05/15/03 - STATED - 2ND READING & FINAL PASSAGE
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. 030242. 05/15/03 - STATED - 2ND READING & FINAL PASSAGE THE
An ordinance providing for the contingent exemption, abatement, or credit of certain taxes with the specified geographic areas, including by amending Bill No. 970788A, relating to the boundaries of the Keystone Opportunity Zone.
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
Councilwoman 05/15/03 - STATED - 2ND READING & FINAL PASSAGE Krajewski.
Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in 05/15/03 - STATED - 2ND READING & FINAL PASSAGE the affirmative, the Bill passes. Bill No. 030252 is to be called next. THE
An ordinance removing the properties generally known as the Brewerytown Development for the Philadelphia Keystone Opportunity Zone.
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
Councilwoman 05/15/03 - STATED - 2ND READING & FINAL PASSAGE Krajewski.
Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in 05/15/03 - STATED - 2ND READING & FINAL PASSAGE the affirmative, the Bill passes. The next Bill to be called for consideration is Bill No. 030122. THE
An ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-1600, entitled "Miscellaneous," by adding a new section prohibiting or regulating the conducting of licensed gambling operations within certain or all zoning districts of the City.
Thank you, Madam President. I'll be brief. As we've seen in the media in the last week or so, there's been a flurry of activity in Harrisburg relative to gaming ranging from slots at race tracks to full-blown casinos at some point in time and everything in between. I just want through this Bill District Councilpeople to have the ability to be at the table, determining locations and operation for any facilities that are designated in their districts. And I look at districts along the Delaware river from South Philadelphia up into the Northeast, almost Bucks 05/15/03 - STATED - 2ND READING & FINAL PASSAGE County, that have been talked about as possible locations. I do believe that the District Councilperson through their constituents should have some say in what goes in any location in their district. There is a possibility that once State Legislation passes, they may try to exempt this Bill from their legislation, but I do believe if they do that, that we still have the ability to go into court on an issue to try to determine our ability to control activities and uses for our property located in the City of Philadelphia. I think this is a Bill that brings communities to the table when it comes to gaming. We don't know what form it's going to take, how extensive it's going to be, or what impact it's going to have. And the only way to have some ability to control that is to make sure that the District Councilperson is there and has something to say about it. I trust our Legislators and Senators in Harrisburg. I think they do a good job. But having that additional on the ground information and input from the District Councilpeople, I think is appropriate, and I would urge the passage of the 05/15/03 - STATED - 2ND READING & FINAL PASSAGE Bill. Thank you.
Thank you. 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
Councilwoman Miller. 05/15/03 - STATED - 2ND READING & FINAL PASSAGE
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 last Bill to be called for consideration Bill No. 000682. THE
An ordinance providing for the civil liability for violation of certain 05/15/03 - STATED - 2ND READING & FINAL PASSAGE provisions of the Pennsylvania Motor Vehicle Code relating to obedience to steady red light signals and stopping at an intersection or crossing and establishing an administrative system for adjudicating liability in connection with such violations, all under certain terms and conditions.
This Bill having been read on two different days, the question now is shall the Bill pass finally? The Clerk will please call the roll -I'm sorry. One moment, please. The Chair recognizes Councilman Cohen.
Thank you, Madam President. I rise to speak in opposition to this Bill, although I do commend my colleagues for having amended it to give us a second crack if ever there is effort to expand this program. Before, the State had the authority to expand the program, but City Council, following my objections, did put in a safeguard saying that before the program can be expanded from its original nine locations, City Council will consider it. And at that time, we will have some basis for experience. My opposition to the Bill is not based 05/15/03 - STATED - 2ND READING & FINAL PASSAGE on a lack of knowledge about the dangers that exist in the running of red lights. What I'm concerned about is more and more there is Big Brother present watching us and that there is going to be sooner or later the technology to take the pictures of the drivers and you're going to find that people are complaining bitterly about mistakes that are made. The government is very bad at making mistake. They make them all the time, because as we talked in the wage tax problem, government does not seem to be at all interested in the welfare of the average citizen. And who's going to suffer? The overwhelming number are going to be poor working people who need their cars for driving. They're going to get letter. They're not going to know they were ever at the street corner. It's a Bill aimed at compelling a family to have a parent testify against a child when the parent says, "I didn't drive the car." And they'll say, "Do you have any child that drives the car?" "Oh, yes, my 18-year-old son." And that's going to frighten parents. Nobody wants to get their kids in trouble. Why the City doesn't use common sense 05/15/03 - STATED - 2ND READING & FINAL PASSAGE and apply a strong educational program which it says its going to do now in connection with this Bill, why don't they do it without the threat of hundred dollar fines? I think this is an effort to raise money either for the City or the State. It's not clear which because we don't know where the money is going, whether the money's going to be kept by the State which took over the Parking Authority, in my judgment, illegally. And that court fight is still pending. Or the money will go to the City. And the Parking Authority is well known for using a lot of money to dump it into the ground. Witness Eighth and Market where the Parking Authority has built a very expensive garage. It's in the process of building it. For what? For nothing. Because Disney Land did not occur. We don't need the waste of that kind of money digging holes. I'm why sure the Parking Authority ought to be anything more. Why don't they do something about the exorbitant parking rates in Philadelphia instead of building structure for empty lots. In any event, it's just that I know government cannot be trusted. If you have any 05/15/03 - STATED - 2ND READING & FINAL PASSAGE question, think of the federal act that's supposed to help us be secure which now authorizes the federal government to go into the library system and find out what books read, what books did you inquire about, what magazines did you take off the rack. Now, everybody's shocked by that. Nobody thought that -- what's the name of those laws, Councilman Ortiz?
Patriotic Act. Everybody's patriotic. I can proclaim that I'm the only member of City Council that ever served in the armed forces. I can wave the flag higher and better than anybody else in City Council can. Before, Councilman Longstreth shared that honor with me. But nobody ever assumed that your inner most thoughts -- somebody has some question about Iraq, they want to get some more information, they go to the library, then they'll be with inquisitors from the federal government, "What were you doing reading this book on Iraq? Who did you know who was one of the people that drive planes into the World Trade Center?" You know, we thought we were protected 05/15/03 - STATED - 2ND READING & FINAL PASSAGE in privacy. And we're told that this act is for our safety, yet it takes away our basic rights. Well, the same way we can't afford to have our basic can rights infringed and, therefore, I say go slow. I think it was good what City Council did to amend this Bill, but I think I'm still very worried to death about improper usage. People who drive -- why the $100 fine? Why isn't it enough to have the usual fine? Who are they going after? I think they're going after the working poor; that's who they're going after. Give working poor benefits? Oh, no, no. Give working poor fair tax structure? Oh, no, no. But if we can, we'll penalize you and we'll even cause you in your own defense to be threatened with having to give the name of your daughter or your son or maybe your wife, or maybe the wife will be threatened to give the name of the husband as the driver of the car in order to avoid that fine. I think they ought to do away with the fine. I think they ought to have a great educational program, because it is important to have safety, it is important to have people obey the red light laws. But the way to do it is not with hammer 05/15/03 - STATED - 2ND READING & FINAL PASSAGE that threatens the economic outlook and the privacy rights of citizens. Therefore, I am voting no. Though I recognize the fact that by next time if there's an effort to expand, we'll have some more facts. We'll have a better chance to know what the threat really is. But beware of the increased technology. Sooner or later, your face is going to appear in some government book somewhere and some investigator is going to ask you about something you don't remember, like "Why did you happen to walk the dog two blocks from your house," where it happens that some conspirator on some other problem, maybe a robber suspect lived. "We happened to take your picture at the street corner. What were doing on that street corner." And you won't have an answer and your lawyer will make a fee, but you'll be frightened to death. That's what concerns me. I think we have to go awful slowly before we permit these kinds of invasions of privacy. Therefore, my vote will be no on this Bill.
Thank you. The Chair recognizes Councilman Rizzo. 05/15/03 - STATED - 2ND READING & FINAL PASSAGE
Thank you, Madam President. I'd like to thank my colleagues for their support of this legislation that will save lives and reduce injuries. Thank you, Madam President.
Thank you, Madam President. Madam President, I wish to point out today that we have all shared an incredible experience in two different matters. Our colleague Councilman Cohen in own unique style has been able to meld a variety of topics together, all coherent, all cogent, in an incredible fashion. And I'd just like to point out that I met a young man earlier today, he's here with his dad. He came to City Council for a civics lesson. I assured him in the Caucus room that he would not read anything like this in his civics book at school. And what we heard with regard to the discussion on 000682, Councilman Cohen was able to talk about in one Bill the wage tax, the Patriot Act, the War on Iraq, libraries, Big Brother in general, parking garages, family members potentially testifying against other 05/15/03 - STATED - 2ND READING & FINAL PASSAGE family members, and dog walking. (Laughter.)
I love Councilman Cohen. He is an incredible speaker and has a way of communicating a message. It is a style that will probably stay with him. But we have all experienced quite special here today, and I just thought that the young man should know that he has treated to an incredible experience here in the Philadelphia City Council. Welcome to Civics 501. Thank you, Madam President.
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
Councilman DiCicco. 05/15/03 - STATED - 2ND READING & FINAL PASSAGE
Councilwoman Tasco. 05/15/03 - STATED - 2ND READING & FINAL PASSAGE
Aye. The ayes are 15, the nays are 1. A majority of all Members of Council having voted in the affirmative, the Bill passes. The Chair recognizes Councilman Nutter for a motion on Resolution 020084.
Thank you, Madam President. I move that Resolution 020084 be approved. (Duly seconded.)
It has been moved and properly seconded that Resolution No. 020084 be adopted. Since Resolution No. 020084 proposes an amendment to the Home Rule Charter -
Madam President, that was on the hold Calendar. I thought this was a Resolution that went with the earlier Bill.
The Resolution that was attached to the Board of Pensions and Retirement change, we actually voted last week.
Okay. We don't have another Resolution for you to be approved?
Thank you. That concludes Calendar. Are there speeches on the part of the Minority? (No response.)
Are there speeches on the part of the Majority? The Chair recognizes Councilwoman Tasco.
Madam Chair, I'd just like a very, very brief announcement. We read a Resolution this morning on behalf of the Cherokee Indian Festival. I'd just like to note that this festival will be hosted by the Southeastern Cherokee Confederacy of Pennsylvania at Temple University, Ambler Campus on May 24th, 25th, 26th, 2003; three full days from 10:00 a.m. until dusk. And we ask our colleagues and listening audience and citizens to participate in this wonderful festival. Thank you very much.
Thank you, Madam President. I wanted, in reply to Councilman Nutter's comment about lesson, to establish a fact that civic lessons are practical lessons. For example, just a short time ago, I introduced a Resolution which this City Council passed unanimously because they thought it was a good way to quiet me, but Councilmembers had privately said, "What, is Councilman running for Congress? What's he doing dealing with a federal matter?" It involved how the Environmental Protection Administration makes its rules. And what was at issue is something known as a cost benefit factor. Now, government always wants to keep everybody lacking knowledge. Nobody knows what cost benefit factor means. So we don't say anything and government gets away with everything. But cost benefit factor happens to be a technique that the current Republican Administration in Washington uses to decide whether the benefits of an environmental requirement are worth the cost. And how do they figure out the cost? Well, what good will that people? How long will they be able to live. And the government said, "Well, senior citizens, they're at the end of their career, therefore, we won't count them as a whole person, we'll only count them as two-thirds of a person. So I introduced a Resolution saying that's wrong. We who are senior citizens demand the right to be considered a whole person, not a partial person. So one of my good colleagues, whom I will not refer to buy name, said "Are you running for federal office?" And I said, "Not at all. I'm running because I don't trust Congress to act sensibly without hearing from the people." Let people in Philadelphia let the Congress know and that will help them come to a correct decision. I want you to know that Philadelphia was one of the few cities that adopted that Resolution and in the course of hearings on whether or not that rule should be changed to eliminate counting a senior citizen as only two-thirds. The federal government exceeding to Philadelphia and I think one other City's request has changed the rule, and senior citizens everywhere, at least for environmental purposes, are now considered as full Therefore, it shows how Congress reacts when people locally show an interest, show an understanding of the issue. So to the young man that Councilman Nutter invited, civics lessons are not academic issues alone. They're very practical and they affect the way we live. And the environment will be improved by the fact that this City Council overcame its view or at least had the strong desire to shut me up and decided that day the best way to do it was to support the Resolution. Thank you very much. For everybody for tolerating this understanding. (Applause.)
The Inquirer incidently ran the headline yesterday saying that the government has decided to reevaluate senior citizen and treat them as whole persons. I think that's great for all senior citizens. Thank you.
Thank you. I think we've been referring to the young student. Perhaps he can stand so we can recognize him. (Applause.)
Welcome. I hope with us. Any there any other speeches on the part of the Majority? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that Council stand adjourned until Thursday, May 29, 2003, at 10:00 a.m. (Duly seconded.)
It has been moved properly seconded that Council stand adjourned until Thursday May 29, 2003, at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it, and Council will be adjourned until Thursday, May 29th. (Council adjourned at 12:05 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 15, 2003, 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