COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, June 1, 2006 1:30 p.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN 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 215.561.2220 215.567.2670
Good afternoon, everyone. I note that the hour has come and that a quorum of this Council is present. The Council will come to order. Members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this afternoon, the Chair recognizes Councilwoman Blackwell. I would ask all members and guests to please rise.
Thank you, Madam President. Heavenly Father, we thank you once again for bringing us here this afternoon. We ask that you bless we who are leaders in our City. We ask that you bless our families. We ask that you bless those who came here and couldn't stay, and we ask that you bless as we try to do thy will in our deliberations this afternoon. Finally, we ask that you bless those in nursing homes and boarding homes. Bless those who are in shelters today, those who are incarcerated. We ask that you bless those who unfortunately are on the streets, those who don't know where they are and who they are. Lord, we ask that you give them peace. All these blessings we ask in thy name for thy sake. Amen.
Amen. The Chair thanks Councilwoman Blackwell. The next order of business is the approval of the Journal of the meeting of Thursday, May 25, 2006, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, May 25, 2006 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, May 25, 2006 stand approved. All in favor will please indicate by saying aye. (Aye.)
The ayes have it, and the Journal of the meeting of Thursday, May 25, 2006 is approved. The next order of business is requests for leave of absence, and, again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. On behalf of the Majority, there are no requests for leaves of absence today.
The Chair thanks the Councilwoman. time, the Chair recognizes Councilman O'Neill.
Madam President, on behalf of the republicans, there are no requests for leave of absence.
The Chair thanks the gentleman. The chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers today. On behalf of all members of Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. We certainly invite you to come again. At this time, the Chair recognizes Councilman Rizzo, who will present a resolution recognizing and honoring Alexandra Maratea, who has been extremely, extremely patient, and we thank her and her parents. Maratea, would you join the Councilman, please. Councilman Rizzo is being joined by Councilwoman Blackwell.
Thank you very much, Madam President. And thank you for your patience today. You saw what we do here. First, I'd like to explain, because this is a very important issue today here, but this lady, Loretta Wilson, reached out to me to tell this very, very nice story, and today we've invited to the Council Chamber a young lady by the name of Alexandra Maratea, and what she did is just so wonderful. You want to come over here, her mother. This is Cheryl, her mom, and Darien, this little three-week-old. And I'll read the resolution. Recognizing, honoring and celebrating Alexandra Maratea for her heroism in the face of danger, rescuing her three-week-old nephew after his tracks of SEPTA's El station. Whereas, Alexandra is a fourth grade student at Stone Hurst Hill Elementary School. Whereas, on February the 17th, 2006, at around 4:00 p.m., Darien and his stroller fell into the tracks at 63rd Street and Market, pushed there by some strong winds, causing Darien to fall face first into the tracks dangerously close to the electrified third rail. Whereas, Darien's mother, Nikki, attempted to save Darien. However, she became tangled, unable to reach the tracks. Whereas, Alexandra, putting her personal safety aside, jumped into the tracks in front of an oncoming train. Whereas, Alexandra was able to rescue Darien from the jaws of death. Darien suffered a broken arm and cuts from the incident. You want to finish it up, Jannie? I kept going.
And whereas, when asked why she did it, Alexandra Maratea replied, "You got to do what you got to do and he's my nephew, so I wanted to take care of him." Therefore resolved, by the Council of the City of Philadelphia, that City Council hereby recognizes, honors and celebrates Alexandra Maratea for her heroism in the face of danger, rescuing her three-week-old nephew after his stroller fell onto the tracks of SEPTA's El train. Further resolved, that an engrossed copy of this resolution be presented to Alexandra as further evidence of the sincere admiration of this legislative body.
Further resolved, that an engrossed copy of this resolution be presented to Alexandra as further evidencing the sincere admiration and gratitude of this legislative body. (Applause.)
And Loretta Wilson, who made sure that she communicated and she did everything humanly possible to make sure that Alexandra got the recognition today that she so deserved. Loretta, I want to thank you, because without you, we wouldn't be here today recognizing her. Do you want to say something.
We're going to have her mom say something first, then we're going to let -- you're going to get right to it? Okay.
Thank you very to thank Councilman Rizzo and all the City Council members, but mostly I would like to thank Ms. Loretta for this honor. But I am mostly grateful that Darien and I are okay. Thank you all. (Applause.)
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on June 1, 2006, I signed all of the bills that were passed by Council at its session on May 18, 2006; and the consideration of your honorable body a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority, the City of Philadelphia, for the redevelopment and urban renewal of a portion of the South Central Urban Renewal Area; and A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority for the redevelopment and urban renewal of a portion of the Model Cities Urban Renewal Area; and A resolution for the redevelopment and urban renewal of a portion of the Cecil B. Moore Urban Renewal Area; and A resolution for the redevelopment and urban renewal of a portion of the Cecil B. Moore Urban Renewal Area; and An ordinance authorizing Temple University Hospital to construct, own and 24 freestanding directional signs at various locations within the Temple University Hospital campus; and An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 307; and An ordinance removing a portion of a property in the 41st Ward of the City from the Philadelphia Keystone Opportunity Zone; and An ordinance authorizing and approving the execution and delivery of a service agreement between the City of Philadelphia and the Philadelphia Authority for Industrial Development relating to the comprehensive program to improve and enhance the City of Philadelphia's cultural and commercial corridors; and An ordinance constituting the eleventh supplemental ordinance to the Restated General Water and Wastewater Revenue Bond Ordinance; and tenth supplemental ordinance to the Restated General Water and Wastewater Revenue Bond Ordinance; and An ordinance authorizing transfers in appropriations for Fiscal Year 2007 within the Grants Revenue Fund from the Director of Finance - provision for other grants to Personnel Director.
Thank you. The messages will be printed in the Journal. I would ask the Chief Clerk to please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the rules of Council be suspended in order to permit the immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce one resolution on your behalf and three bills and three resolutions on my own.
Councilwoman, I thought you had indicated you had four resolutions.
Yes. They said one was your property, so instead of a bill, it was a resolution.
Okay. The Chief Clerk will please read the title of the first bill.
An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by adding certain definitions of Section 14-207 relating to R-11, R-11A and R-12.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Director of Housing and Community Development, on behalf of the 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 an ordinance repealing Bill No. 050059, approved July 8, 2005, entitled "An ordinance adding Chapter 21-1600 of The Philadelphia Code, entitled 'Housing Trust Fund.'"
The bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, without consideration, a deed located in the 36th 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 properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
And a resolution calling on Governor Rendell and the Pennsylvania General Assembly to delay implementation of Senate Bill 999 as it relates to locating polling places in personal residences, neighborhood bakeries and barber shops, and to further provide reasonable and appropriate exemptions to the law in hardship cases.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution honoring and recognizing the achievement of Andrew Wallace of the Andrew Hamilton School in West Philadelphia for taking first place in the 2006 Philadelphia Tribune Scripps Howard Regional Spelling Bee Competition.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
And a resolution honoring and congratulating the Electric Vehicle Team of West Philadelphia High School for taking first place in the 18th Annual Tour de Sol Alternate Fuel Vehicle Competition.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I offer two bills and two resolutions.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing transfers in appropriations for Fiscal Year 2007 within the Grants Revenue Fund from the Director of Finance - provision for other grants to Personnel Director.
The bill will be referred to the appropriate committee.
And an ordinance removing a portion of a property from the 41st Ward of the City from the Philadelphia Keystone Opportunity Zone.
This bill will be referred to the appropriate committee.
And a resolution honoring Father Judge High School achieving top honors at Model United Nations.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority a deed located in the 45th Ward of the City of Philadelphia.
The Chair again recognizes Councilwoman Krajewski.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Tasco.
Madam President, I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have two resolutions and one bill, and I'd like to speak on one of the resolutions.
The Chief Clerk will please read the title of the bill.
An ordinance authorizing Temple University and Temple University Health Systems, its successors and assigns, to construct, own and maintain 24 freestanding signs at various locations on the public sidewalk.
The bill will be referred to the appropriate committee.
And a resolution congratulating the Simon Gratz High School Track and Field Team for winning the Pennsylvania Interscholastic Athletic Association State Championship.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution calling on our congressional representatives to support the reauthorization of the Voting Rights Act of 1965.
Thank you, Madam President. The voting rights reauthorization statement, I basically just want to make a statement that 2005 marked the 40th anniversary of one of America's most important pieces of civil rights legislation. The Voting Rights Act of 1965 has been an enormous importance in opening the political process up to people of color. About 40 years ago, on March 7, 1965, Americans were shocked by the spectacle of law enforcement officers brutally assaulting more than 500 non-violent civil rights marchers attempting to cross the Edmond Pettus Bridge in Selma, Alabama. The protesters had set off on a 54-mile trek to the State Capitol of Montgomery to call for voting rights and highlight the deadly police shooting of 26-year-old Jimmy Lee Jackson two weeks earlier. It all ended suddenly in a cloud of tear gas and a swarm of nightsticks when state troopers and mounted sheriff deputies descended on the marchers. The Voting Rights Act has become one of the most successful civil rights laws in American history. In the 40 years since its passage, it has guaranteed millions of minority voters the opportunity to participate in elections and have their voices heard. It ended literacy tests, poll taxes and other purposefully prejudiced mechanisms that are against the true nature of our democracy. At a time when America is vigorously engaged in promoting the idea of multi-ethical democracy in Iraq and across the globe, we need to ensure that lawmakers preserve and strengthen the necessary tools to ensure the continued success of democracy here at home. So I'm urging Congress to reauthorize the Voting Rights Act of 1965 and let all Americans have a voice in the electoral process. Thank you.
Thank you. It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I offer three bills and one resolution.
The Chief Clerk will please read the title of the bill.
An ordinance amending Section 22-310 of The Philadelphia Code, entitled "Deferred Retirement Option Plan," by providing an extraordinary extension for purposes of enhancing public safety for participants in the DROP program who are public safety employees, under certain terms and conditions.
The bill will be referred to the appropriate committee.
And an ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a resolution approved by Council proposing amendment of the Philadelphia Home Rule Charter relating to a preference in civil service regulations for children of firefighters or police officers who were killed or who died in the line of duty.
This bill will be referred to the appropriate committee.
And an ordinance amending Section 2 of an ordinance, Bill 010268, approved August 31, 2001, entitled "An ordinance authorizing the vacating of River Road, from a point approximately ten feet, by extending the time for compliance with the authorization conditions therein."
The bill will be referred to the appropriate committee.
And a resolution proposing an amendment to the Philadelphia Home Rule Charter to provide for a preference in civil service regulations for children of firefighters and police officers who are killed or died in the line of duty.
The resolution will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. No bills or resolutions today.
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 Ramos.
The Chief Clerk will please read the title of the resolution.
A resolution recognizing the Philadelphia School Reform Commission and the Philadelphia Building Trades Council upon their agreement to create additional opportunities for the School District graduates.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer two resolutions and one bill.
The Chief Clerk will please read the title of the bill.
An ordinance authorizing the Director of Housing and Community Development, on behalf of the City, to file an application with the United States Department of Housing and Urban Development for a Community Development Black Grant.
This bill will be referred to the appropriate committee.
And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority, the City of Philadelphia, for the redevelopment and urban renewal of a portion of the South Central Urban Renewal Area.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: 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 indicate by saying aye. (Aye.)
And a resolution calling on the Pennsylvania Gaming Control Board to extend the public comment period on individual slot licenses and further calling on the PGCB to create a second public comment period following the Board's declaration that the applications are complete and final in order to assure all Philadelphia voices are heard.
Again, the Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move for the adoption of the resolution. I would ask for a moment to have some remarks, please. (Duly seconded.)
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I know that the hour is late, as you would normally say in caucus, and it's been a very long day, but this issue of gaming is of such importance that I believe that I need the indulgence of this Council to listen to some of the things I have to say. Tomorrow the Pennsylvania Gaming Control Board will close the public comment period for all proposed gaming licenses throughout the state. Tomorrow the PGCB gags the residents of the City of Philadelphia. Five applications have been filed for sites in the City of Philadelphia. Four of those applications are in my district and are less than one mile apart. No application has been completed, and many portions of applications have not yet been made public. Of course, since those applications aren't complete, they are still in a continued state of flux. Already we have seen every applicant make significant changes to their design, traffic study on local impact reports, and they are still changing. The Gaming Board, however, in their infinite wisdom, doesn't feel it's necessary to have continued public comment after the applications are final. Instead, they prefer to close the public comment period before they close the applications. In essence, the Board is saying that they think the developers' voice is more important than our constituents. Since the gaming applications were announced in January and it became known that four of the five proposals were in my district, I have taken a very cautious approach to gaming. While I have tried to make sure that my constituents' voices are heard and I have also avoided taking too strong a stance because I have been afraid to take myself out of that conversation, I tried to do the right thing. I have organized public meetings with developers and community groups, and a number of those meetings, my colleague, Councilman Clarke, had attended as well. I have introduced, and this body had enacted, appropriate land use controls for gaming locations. I have testified in front of the Board to help voice my constituents' concerns, and I will be submitting written testimony tomorrow. And in each case, I have taken a level-headed approach. I've been reasonable and I've been a leader. I've purposefully chosen to do the right thing rather than the popular thing. I could have just ignored it and blamed it on the state and said it's a state issue and not a city issue. I didn't take that approach. How happy would my constituents have been today in particular at the protest at the state building if I would go out there and protest along with them and ask the State Assembly to repeal Act 71. I know that that's not going to happen. Or how easy it would have been for me to simply hide under my desk and dodge the issue completely. I could have made my life a lot easier. My staff, my legislative assistant would have all had an easier time over the last several months, but it wouldn't have been the right thing to do. Realistically, the General Assembly is not going to repeal Act 71. There's too much money at stake and too much political heavyweights are behind this and involved. If I was to appear at today's rally, I would have guaranteed that no casino developer would speak to me again. I would have taken myself out of the conversation. I would have lost my ability to negotiate on behalf of my constituents. And while I might hope that these residents' efforts are successful, I also hope someone in the press helps explain why I cannot join them, because it's the right thing to do to make sure I remain in that conversation, just like it's the right thing to do not to duck and run for cover. If the members of our General Assembly refuse to help carry the conversation to our constituents, I will.
If our legislators would prefer to simply ram this down our throats, I'll at least make sure the facts are made available so that we can have the discussion. If Representatives like John Perzel and Representative Bill Keller and their pals want to plaster my picture all over the City as some sort of a casino flunkie, when he himself, State Representative Keller, voted to remove us as a local zoning authority, then I'm willing to grin and bear it, because it's the right thing to do. And not only that, they cut off the public discussion even before the applications are complete. Just when I thought we were playing it nice, they decide to slap us in the face again, "they" meaning the state legislature. I want everyone in this Chamber to know in Harrisburg and in the City that I've decided that I'm not going to take it. We are going to fight back. I think it's the right thing to do. There are two casinos that would be built in this City, although four sites are in my district and I have the potential for two. Mathematically, I wind up with one. I believe this is such an important issue for all of us, because if it's not done right, we will pay the price forever. It's too big of a deal for us to be cut out of this conversation, for the City to be excluded from having any say in this process. And I don't know if this resolution will mean anything in Harrisburg, but I thought it was important for those reasons I just stated to place it on the public record. The City's future depends on getting gaming right. Whether it's in my district, the two casinos, or one in my district or the other one in Councilman Nutter and Donna Reed Miller's district, it must be done right. They just can't keep mandating things on us and then decide to remove us from the process. They've been doing it and they may continue to do it, but we as a body, I think, need to fight this and let them know that we will not take this lying down. Thank you, Madam President.
Thank you. It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman O'Neill.
Madam President, I offer one resolution co-sponsored by Councilman Nutter.
Thank you The Chief Clerk will please read the title of the resolution.
A resolution designating the City of Philadelphia Planning Commission as a local redevelopment authority for the purpose of developing a redevelopment plan for the Philadelphia Memorial AFRC located 2838 Woodhaven Road and the Germantown Veterans Memorial located at 5200 Wissahickon Avenue.
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have five resolutions and one bill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 307 by striking from the City Plan and vacating Ranstead Street from 15th Street eastwardly.
The bill will be referred to the appropriate committee.
And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority, the City of Philadelphia, for the urban renewal of a portion of the Cecil B. Moore Avenue Urban Renewal Area.
It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
And a resolution for the redevelopment and urban renewal of a portion of the Model Cities Urban Renewal Area.
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority, the City of Philadelphia, for the redevelopment and urban renewal of a portion of the Cecil B. Moore Avenue Urban Renewal Area.
It has been moved and seconded that resolution be adopted. All in favor will please say aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 16th, 18th, 28th, 32nd, 37th and 47th Wards of the City of Philadelphia.
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 14th Ward of the City of Philadelphia.
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Kelly.
The Chief Clerk will please read the title of the resolution.
A resolution honoring Ray Keough of the Torresdale Boys Club Nine-Year-Old Division Basketball Team.
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Rizzo.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution recognizing, honoring and celebrating Mary Kaye Jacono, Miss Philadelphia 2006, for her talents and well-rounded persona that earned her the title Miss Philadelphia 2006 and wishing her well in the Miss Pennsylvania 2006 Pageant.
I move for the adoption of this resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)