COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, March 13, 2003 10:30 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. DI CICCO 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
I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats. To give our invocation this morning, the Chair welcomes the Rev. Herbert H. Hughes, II, the Pastor of Exodus Baptist Church. He is here today as the guest of Councilwoman Tasco. Members and guests will please rise. REV. HUGHES: Let us pray together. Our gracious God and father, we're grateful today, thankful that Council is mindful of you. And Lord we thank you for that. For men and women have wondered and stumbled all the glories of the universe tracing the manifestation of infinite wisdom and they don't know you and they don't acknowledge you. We thank you for this Council. You said if any man or women desire wisdom, you will give. We ask for wisdom in our deliberations. We pray oh, God, that all that we do be done in righteousness. We pray that all that we do will reflect your goodness, your mercy and love for humanity. In the name of our Lord, we pray. Oh Lord, our Lord, how excellent is thy name in all the earth, in the name of our Lord Jesus' name, amen.
The Chair thanks Reverend for his very inspiring invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, March 6, 2003. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of March 6, 2003, stand approved. (Duly seconded.)
It has been moved and seconded that the Journal of the meeting of Thursday, March 6, 2003, stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it. The Journal of the meeting of Thursday, March 6, 2003, has been approved. order of business is requests for leave 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, leave of absence is requested for Councilman Thacher Longstreth.
Thank you. Leave will be granted. 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 Council, 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 Nutter who will make a presentation honoring someone who is well-loved and respected by Marie Hauser and those accompanying her please join the Councilman at the podium? The Chair recognizes Councilman Nutter.
Thank you, Madam President. It is certainly a tremendous honor to be able to make this resolution presentation to a longtime friend and a constituent, Marie B. Hauser. Whereas, Marie B. Hauser is a born and bred Philadelphian. She was brought up in Northern Liberties, earned her degree in business administration from St. Joseph's University and has lived for years in Roxborough; and Whereas, Marie began her career in City Council in 1972. She was appointed as a stenographer in the office of the Chief Clerk and quickly learned the intricacies of the legislative process, thus earning the respect of her superiors and the confidence of her colleagues; and Whereas, Ms. Hauser was appointed Assistant Chief Clerk in 1984 and moved up the promotional ladder again in 1991, becoming Deputy Chief Clerk. In this capacity, she had vastly increased responsibility for the oversight of publications, the advertising of notices, and the maintenance of all Council records. During these years, she also continued to make friends throughout City Council. She has been held in high esteem and deep affection by Councilmembers and staff alike; and. Whereas, in 1992, Marie Hauser became the first women to win the job of Chief Clerk of City Council. She was elected to this position on Inauguration Day with the unanimous vote of all Councilmembers. Since that time, she has performed her duties with good cheer, commitment, loyalty, and determination. Her easy smile, hearty laugh, and courteous manner have endeared her to the entire City Council family and to the citizens she has served over these 3 plus decades. Now, therefore, resolved by the Council of the City of Philadelphia that we hereby honor and commend Ms. Marie D. Hauser at this time of her retirement. We thank her for a job well done and extend to her our very best wishes for her retirement. Further resolved that an engrossed copy of this resolution be presented to Ms. Marie B. the sincere admiration and deep respect of this legislative body. Signed by Council President Ann Verna. Cosponsored by all Members of City Council. (Applause.)
It's very hard right now. It's been such a long time that I've loved ever minute of it. And I'll miss it, but I'll be on my next career then, which is I want to do the planning and go out to different places and now I have the ability to do it. And I'm looking forward being out. But everyone that I've -- I can't imagine anyone that I haven't felt such happiness with, people who were so generous with their time and their feelings. It was just wonderful.
We certainly want to thank you for all of your years of service. And wish you good health and happiness and may you enjoy your retirement. You certainly deserve it.
At this time, the Chair recognizes Councilwoman Tasco who will introduce the winners of the School District African American oratorical contest. Councilwoman Tasco.
Thank you. Madam President and colleagues, today we are honored to have in our presentation the top 12 finalists of the School District of Philadelphia's 24th African American History Oratorical Competition. During this competition, school winners representing the best entries from the lower, middle and upper grade levels were selected to compete in the citywide finals by delivering their orations before a diverse panel of judges. This annual event is coordinated by the efforts of Dr. Carolyn Holmes of the School District's African Americans Studies Department. For many years Dr. Holmes have put her heart and soul into organizing this program. I'd like for Dr. Holmes to stand, and let's give her a round of applause. (Applause.)
Including her heart and her soul, her time and her effort and I'm sure her money. In addition, I would like to note that for many years Mellon Bank was the prime sponsor for this event. However, I am proud to recognize that last year Citizens Bank assumed the role of prime sponsor for this very special and historic event. I'd like to invite Mrs. Pamela Crawley and all other Citizens Bank executives to please rise so we can give them a round of applause. And they may not be here, but if they are here, please stand. They're not here, but we really support them and give let's them a round of applause. (Applause.)
And we sincerely thank them for their support. They undertook this without any hesitation when we asked them. Before we here the orations from the three first place winners, I would like the following participants, their coordinators and families to stand and be recognized. They are: On the elementary level, second place winner, Gregory Jones, 6th grade of the Gamp School. (Applause.)
Third place winner, Akeema Daniels, 6th Grade, Sulzberger. (Applause.)
Fourth place, Janee Stevens, 6th grade, Central East. (Applause.)
In the middle level we have second place, Lee Martin, 8th grade, Amy Northwest. (Applause.)
Third place winner Anthony Miller, 9th grade, Gamp. (Applause.)
Fourth place, Samuel Carr, 7th grade, MYA. (Applause.)
The upper level, second place winner Ashlei Michael, 12th grade, Creative and Performing Arts. (Applause.)
Third place winner, Minna LaTortue, 10th grade, Girls High. (Applause.)
Fourth, I think there was a tie, Dionel Waters, 12th grade, Franklin Learning Center. (Applause.)
And Michael Williams, 10th grade, central high. (Applause.)
We will present citations to all of the winners at the luncheon which will be held at the Crown Plaza today, and we invite our colleagues to join us from 12:30 to 2:30, 1800 Market Street. We will now hear from the first place winners in this order: The elementary school level, 5th grade, Middle Years Alternative School, Brittney Jones-Ali. (Applause.)
And then from the middle level we'll have 9th grade student from the Creative and Performing Arts, Imani A. Scott; and the upper level Dionna Reddy, 12th grade, Parkway Program High School. We'll now hear from Brittney Jones-Ali.
Close your eyes for a concentrate on just the sound of my voice. I am Brittney, an 11-year-old old girl from Philadelphia. I am in the 5th grade and I'm a pretty good student. I hope to be a pediatrician some day. I plan to stay in school and study really hard. I live at home with my mother, my father, and my baby sister. We are buying our home. We own a car. Both my parents have Master Degrees. And my father is studying to be a doctor. My grandmother owns her on business and my grandfather worked at a major car dealership for over 30 years. I hope to get married some day and to have children. I would also like to buy a nice house maybe in your neighborhood. Without opening your eyes, without looking at me and seeing who I am, ask yourself this, Would you consider living next door to me? From what I have told you about myself, do you think I could be a good doctor someday? Do you think that you will come to me if you need to be treated? Do you think that I deserve to be your neighbor? Well, now you can open your eyes. You can now see the color of my skin. Do you still a doctor? Do you think I have what it takes to be a doctor, a teacher, or a lawyer? Or did you just see another black kid who probably doesn't have a chance? Well, I believe I have the right to live in any neighborhood that I choose to. I believe that I have just as many rights and freedoms as everyone else. Not letting me be all that I can be just because of the color of my skin is racism. To think that one race of people is better than the other is racism. Just because black people are not on plantations picking cotton and made to be slaves does not mean that racism does not exist. Just because blacks or coloreds no longer have to sit on the back of the bus does not mean that racism does not exist anymore. Under our skin, we all have the same type of organs, same kinds of blood, muscles, and feelings. If we fall we all may get hurt. If we touch a hot flame, we all may burn. Why does the color of our skin mean how important we should be? I have never personally experienced racism. I have always had friends both black and white. I am able to choose any seat on the bus that able to go to any school that I want to. I have never been called a nigger, at least not to my face. It makes me want to cry when I think of how my great-grandmother was not allowed to vote. It makes me sad when I think of how my ancestors were made to work for hours picking cotton in the blazing hot sun for no money at all, just because they were slaves. It makes me angry when I think of how my ancestors had to run, hide, and fight just to be free. Who gave one race of people the right to own another just because of the color of their skin? Who decided that white people were better than blacks? Who decided to make people separate? As Rodney King says, "Why can't we all just get along?" For years and years black people have struggled to prove that we are just as important as white people. People like Martin Luther King, Sojourner Truth, Rosa Parks and Jessie Jackson have all stood up for the rights of black people to be considered equal. People like Sojourner Truth have made a path so that day would end and for black people to enjoy life as white people do. Although we have fancy names like "desegregation, Civil Rights, Affirmative Action, and equality" floating around, racism still exist. Now that your ayes are open and you see me standing here, what do you want to call me? Who do you think I am? What do you think I should be? If you look into my eyes, you'll see beauty. If you look into my heart, you'll see love. If you look into my soul, you'll see strength, confidence, and hope. If you must judge me, don't let it be because of the color of my skin. Let it be for my content within. Thank you. (Applause.)
That was Brittney Jones-Ali 5th grade, Middle Years Alternative School. She has a soft voice but a very powerful message. Thank you, Brittney. Next from the middle level, the 9th grade representative from the Creative and Performing Arts Imani A. Scott. (Applause.)
Colorism, A Secret Hatred in the Black Community. It was a hot, sticky afternoon in July. I was on my way to the store. And as usual, I playing double-dutch in the playground. I enjoyed watching them laugh and giggle like I used to do. Then I saw something I will never forget. Inzinga, a short child about 6 years old with dark skin, the color of Hersey's Kisses, ran up to the group. "Can I play with ya'll?" Siena, a tall light-skinned girl with long ponytails looked down at her and said, "We don't want to play you, tar baby. Go home." Inzinga slowly dropped her head and walked away. Colorism. What is this secret hatred in the black community? Why do we continue to judge people by the color of their skin? This self-hatred started during the European trade of enslaved Africans. During this time, often the white slave masters and their sons raped the African woman. Then when they created light-skinned children, they used their own children to make money. My mother told me a story about a man named Willy Lynch who in 1712 introduced colorism and taught souther plantation owners the golden rules of Slavery: "One sure way to control your niggers is to tell the light-skinned slaves they're better than their darker brothers. Make them your special servants. Give them nice clothes to wear and let them live in a big house with you. Then make the dark-skinned slaves work out in the fields picking the cotton and tobacco. Your darkies will be so envious and jealous, they'll never work together against you." So you can see it's not really our fault. We have been systematically taught to hate ourselves down through the generations. Take a look at our world today. Most of the images displayed by the media promote light-skinned blacks as being the most beautiful. The results of this colorism have often been devastating. In the 1950s, for example, Kenneth B. Clark, a black psychologist, conducted study about colorism and black children. Mr. Clark studied the responses of more than 200 black children who were given a choice of whether they wanted a white or brown doll. Mr. Clark found in his research that the children showed a preference for white baby dolls from as early as 3 years old. very important role when the 1954 Supreme Court case Brown versus Board of Education. This case that was run by the late African American Supreme Court Justice Thurgood Marshall outlawed segregated education. During the Civil Rights period of the 1960s we were proud to be African. Then things changed. By the mid-'80s, this concept of colorism had gone back to almost as bad as it had been prior to the Civil Rights Movement. In 1985, Dr. Darlene Powell Hopson, a clinical psychologist conducted the same study as Kenneth B. Clark. What she found was nearly identical to what Mr. Clark found in the '50s. She found nearly two-thirds of black children preferred white dolls. Also, out of of the black children said black dolls look bad. The issue of colorism is still very serious. I continually to hear people making terrible comments about dark-skinned people. They say, "Ew, look at that girl. She looks like charcoal." Then they make fun of light-skinned people and call them light-brights. Let's work to eliminate this secret down for far too long. We need to pray together in order to stay together. Wake up, my black brothers and sisters. Remember, black is beautiful in all its shades. And that ain't no lie. Thank you. (Applause.)
Imani Scott, Creative and Performing Arts. And I'm sure we're going to see her on stage one day. Very good. Those who are just listening, you should have seen her performance here. Our presenter is Dionna Reddy, 12th grade, Parkway Program High School. (Applause.)
It is 2003. The African American community has strived to reach this new millennium, even though we come from unbelievable, inhumane beginnings. We didn't ask to come here in the year 1619. We didn't arrive at Plymouth Rock, nor did we travel on the Nina, Pinta or Santa Marie. We didn't come through Ellis Islands either. The first of the Africans were shipped to the shores of America, packed like sardines, starved, beaten, diseased and shackled in chains. the masters, we were just like animals and so we were to be treated as such, building this great country while enduring hundreds of years of slavery and discrimination. Reparation is defined as the act of the process of making amends, or to compensate. Has America even given an apology for the treatment of our ancestors, America whose Constitution guarantees its citizens equal protection and justice under the law and it declares that all men are created equal? No. And we are still seeking our promised reparation: Our 40 acres and our mule. After the Civil War in 1865, each slave was promised their freedom and reparation: 40 acres and a mule. Now, consider the fact that most freed slaves had no place to go. My ancestors couldn't return to our homeland Africa so we had to continue enduring the horrors of racism in America: Being put down, put out, and lynched. Did America keep its promise? In 1963 Queen Mother Moore, an African American activist, submitted a petition to President Kennedy urging for slave reparation. This petition had over a million signatures on it. Amazingly, it went unnoticed. II, the United States aided Germany millions and dolls reparations for the Jews and also set up the US Marshal Plan which would help rebuild Europe. Parallel actions occurred in 1988 when the United States issued a national apology and $20,000 to each Japanese American for their imprisonment in the internment camps. However, our government has overlooked us and we are still seeking our promised reparations: Our 40 acres and our mule. , began submitting legislation for African American reparations. " For 14 years Congress has delayed acting upon his proposed bill, and we are still seeking our promised reparations: Our 40 acres and our mule. Jesse Jackson has provided us with this analogy. " It is true that no amount of money can ever make up for the cruel and inhumane treatment that our ancestors endured. But as a descendant of the first African Americans, I believe that the only way to bring closure to the subject of slavery and discrimination is full reparation. Reparation is like rehabilitation, and the first steps of recovery is admitting that there is a problem. America must admit to doing wrong and must apologize to the African American community as a first step in redeeming itself in the hearts, minds and souls of black folks. I favor reparations. As an African American young adult, I am vividly aware of the need to rebuild our communities, restore our families, and revitalize our schools. Advocates for reparation suggest many ideas, one of which is to redistribute the money put it in the communities. It is said that placing this money in the communities, it will lead to better opportunities for our African American youth and families. , an editor of Ebony Magazine says this: "So there it is up front, more 500 years, more than half a millennium. " My answer is no. And we are seeking our promised reparations: Our 40 acres and our mule. B. Dubois proclaim, "The battle we wage is not for ourselves alone, it is the fight for ideals. " Thank you. )
Madam President and colleagues, these are the finalists in the School District's 24th African American Historical Oratorical Competition. They are outstanding. They represent what is the best in the public schools in Philadelphia. And let us give them, again, a round of applause. (Applause.)
And they represent but a small group of African American students and white students who are in the public schools who stand up and hold the banner of Philadelphia very high and are performing and are doing well and will us cause to be supportive of public education. I would remind our Councilmembers that you, Councilmember, or a representative from your staff is invited to join us at a luncheon honoring these talented young people today at 12:30 at the Crown Plaza Hotel. Thank you all for your time. Thank you to the students, the parents, Dr. Holmes and her staff for all the effort you have put into this program. We know you work hard, and we're very proud to present you in City Council. Thank you all for coming. (Applause.)
That was beautiful. 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 Members of the City of Philadelphia, I am pleased to advise you that on AND RESOLUTIONS March 11, 2003, I signed all of the bills that were passed by Council at its Session on February 27, 2003.
The message 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 immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor will signify by saying aye. AND RESOLUTIONS (Aye.)
The ayes have it, and the motion carries. The Chair at this time recognizes Councilman Kenney.
Thank you, Madam President. I offer two resolutions, one on behalf of myself, Councilman O'Neill, and Councilman Nutter.
The Clerk will please read the title of the resolution. THE
A resolution congratulating the St. Joseph's Prep Basketball Team for winning the 2003 Philadelphia Catholic League Championship on March 8, 2003.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be AND RESOLUTIONS adopted. All in favor will signify by saying aye. (Aye.)
The Clerk will please read the title of the second resolution. THE
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 AND RESOLUTIONS it, and the motion carries. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I introduce one resolution this morning on your behalf.
Thank you. The Clerk will please read the title of the resolution. THE
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 30th 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 signify by saying aye. AND RESOLUTIONS (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Cohen.
Thank you, Madam President. I offer one bill cosponsored by the leadership of the City Council President Verna, Majority Leader Blackwell, and Majority with Marian Tasco and all Members of City Council.
The Clerk will please read the title of the bill. (Pause.)
Can we please move forward and then we'll come back? Councilman, would you please have a member of your staff check where the bill is?
Thank you. At this time, the Chair recognizes Councilwoman Krajewski.
Madam President, I have no bills or resolutions. AND RESOLUTIONS
The Clerk will please read the title of the resolution. THE
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.)
The ayes have it, and the motion carries. The Chair recognizes Councilwoman Miller.
The Clerk will please read the title of the resolution. THE
A resolution honoring and acknowledging the recent heroic exploits of two sisters, 13-year-old Lestine Adderly and 11-year-old Robin Adderly for their quick and decisive thinking during a fire which destroyed their home.
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.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Nutter.
The Clerk will please read the title of the resolution. THE
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in 38th Ward of the City of Philadelphia.
Thank you, Madam President. I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer no bills or resolutions this morning.
Thank you, Madam President. I have no bills or resolutions.
The Clerk will please read the title of the resolution. THE
A resolution urging the GlaxoSmithKline Corporation to resume prescriptive drug deliveries to Canadian-based mail order pharmacies.
Madam Chair, I move AND RESOLUTIONS 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 motion carries. The Chair recognizes Councilman DiCicco.
Thank you. The Clerk will please read the title of the first resolution. THE
A resolution calling on Pennsylvania's Department of Public Welfare to continue the Low-Income Home Energy Assistance Program until all of its federally appropriated money is spent this year on helping low-income residents with their home heating needs.
The Chair AND RESOLUTIONS recognizes Councilman DiCicco.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the motion carries. The Clerk will please read the title of the second resolution. THE
A resolution authorizing the Committee on Legislative Oversight to compel the attendance of witnesses and the production of documents and furtherance of the investigation authorized by Resolution No. 020525, adopted September 12, 2002, entitled resolution authorizing City Council's Committee on Legislative Oversight to hold public hearings on the City's Live AND RESOLUTIONS Stop Program and to investigate the impact on high automobile insurance premiums in the City.
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 signify by saying aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilman O'Neill.
The Clerk will please read the title of the resolution. THE
A resolution calling upon the City of Philadelphia to amend Civil Service AND RESOLUTIONS regulation 3130 concerning special benefits for City employees called to active duty in the National Guard and Reserve components of the Armed Forces of the United States.
Madam President, I move for the adoption. (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 motion carries. The Chair recognizes Councilman Clarke.
The Clerk will please read the title of the resolution.
Madam President, on AND RESOLUTIONS my resolution, just have it understood in the Chief Clerk office that it doesn't have to be an engrossed copy of the resolution being presented to the Mayor, Personnel Director, and the Civil Service Commissioner. That was an error.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 16th, 18th, 33rd, 37th, 43rd and 47th Wards of 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 motion carries. The Chair recognizes Councilman Rizzo.
Madam President, no bills or resolutions today. Thank you.
The Chair thanks the gentleman. Councilman Cohen, have we located your bill?
I understand that it has been delivered to the Chief Clerk.
The Clerk will please read the title of Councilman Cohen's bill. THE
An ordinance authorizing transfers in appropriation for Fiscal Year 2003 from the General Fund, certain or all City offices, departments, boards, and commissions to the General Fund Council contributions, indemnities, and taxes American Foundation for Negro Affairs.
The bill will be referred to the appropriate committee. Our next order of business is reports from committees. And the Chair recognizes report from the Committee on Rules.
Thank you, Madam President. The Committee on Rules reports out six bills with favorable recommendations.
To the President and members of the Council of the City of Philadelphia, the Committee on Rules to which was referred 020826 entitled, an ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning," by amending Chapter 14-200, entitled "Residential Districts," by amending use regulations in R6 residential district and by certain technical amendments; And Bill No. 030024 entitled an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by 48th Street, Brown Street, 44th Street, and Fairmount Avenue; And Bill No. 030081 entitled an ordinance declaring that it is desirable for the health, safety, and welfare of the people in the University Hospital to undertake a project whereby the Authority will finance the cost of the development and construction of a multi-level ambulatory healthcare building and other hospital improvements; And Bill No. 030099 entitled an ordinance declaring that it is desirable for the health, safety, and welfare of the people in the area served by Thomas Jefferson University Hospital and the acquisition and construction of capital improvements to the facilities at the hospital and its affiliates; Bill No. 030113 entitled an ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning, to add section requiring a Zoning Board of Adjustment certificate to operate a telemarketing business, under certain terms and conditions; And Bill No. 030114 entitled an ordinance amending Section 14-1610 of the Philadelphia Code entitled, "Old City Residential Area Special Districts Controls," by providing that telemarketing is a prohibited use within the district, under certain terms and conditions; considered the same and returns the attached bills to Council with a favorable recommendation.
Madam President, I move the Rules of Council be suspended so as to have first reading this day of Bills No. 020826, 030024, 030081, 030099, and 030114.
It has been moved and properly seconded that the Rules of Council -I'm sorry. Councilman Cohen.
I just wanted to make sure that the telemarketing bill was not included among the package of bills for which there's going to be a suspension of rules.
There are six bills being reported out. The telemarketing bill that Councilman Cohen is talking was the citywide certificate of need for the property in question or The one telemarketing bill that is getting a suspension is the one for Councilman DiCicco's district in Old City. The citywide is getting normal reading, first reading next week.
There were two telemarketing bills. One was a citywide bill that require any operator of a telemarketing business to get a certificate from the Zoning Board. And there was also a bill for Old City which banned them that which requires a variance. The bill with the variance only is getting a suspension. The other bill, the citywide bill, as agreed in committee, is not getting a suspension of rules and will be held on the Calendar, as to my agreement with Councilman Cohen and the rest of the committee members to hold that bill until we have additional information.
It has been moved and properly seconded that the Rules of Council be suspended for Bill Nos. 020826, 030024, 030081, 030099, and 030114.
The ayes have it, and the bills just read will be placed on today's First Reading Calendar. Bill No. 030113 will be placed on the First Reading Calendar for our next Session of Council. That concludes reports from committees. Our next item of business is the consideration of the Calendar. The Clerk will please read the bills on the First Reading Calendar. THE
Bill No. 020826, an ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by amending use regulations in R6 residential districts and by certain technical amendments, under certain terms and conditions.
And Bill No. 030024, an ordinance to amend the Philadelphia Zoning Maps zoning designations of certain areas of land located within an area bounded by 48th Street, Brown Street, 44th Street, and Fairmount Avenue.
And Bill No. 030081, an ordinance declaring that it is desirable for the health, safety, and welfare of the people in the area served by Temple University Hospital to undertake a project whereby the Authority will finance the cost of the development and construction of a multi-level ambulatory healthcare building.
And Bill No. 030099, an ordinance declaring that it is desirable for the health, safety, and welfare of the people in the area served by Thomas Jefferson University Hospital and the acquisition and construction of capital improvements to the facilities of the hospital and its affiliates.
The Chair agrees. 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE THE
And Bill No. 030114, an ordinance amending Section 14-1610 of the Philadelphia Code entitled, "Old City Residential Area Special Districts Controls," by providing that telemarketing is a prohibited use within the district, under certain terms and conditions.
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 the 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 No. 020601 is being called up for second reading and final passage. Bill No. 020353 is being referred to committee. All other bills are being held.
Councilwoman, would you mind repeating those numbers, please. 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE
I would very happy to. Today, Bill No. 020601 on is being called for second reading and final passage. Bill No. 020353 on is being referred to committee. All other bills are being held.
Thank you very much. The Clerk will please read the title of Bill No. 020353. THE
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 238 by striking from the City Plan and vacating Swanson Street from Catherine Street northerly to the Delaware Expressway, by reserving and placing a right-of-way for drainage purposes within the bed of Swanson Street, all under certain terms and conditions.
Thank you, Madam President. Bill No. 020353, I'm referring that back to committee.
Would you make the motion? Is that in the form of a motion, Councilman. 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE
Yes, Madam President. I make a motion that Bill 020353 be reported back to committee. (Duly seconded.)
It has been moved and seconded that Bill No. 020353 be referred back to committee. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Clerk will please read the title of Bill No. 020601. THE
An ordinance amending Chapter 19-1800 of the Philadelphia Code entitled "School Tax Authorization," by adding a new section 19-1801.1 providing for a capital on tax increases, under certain terms and conditions.
Yes, Madam 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE President. Thank you. I'd like to speak on the bill.
Thank you. Number 1, I would just like to mention, as I said two weeks ago, this bill does not impact the School District this year because it specifically states that it will only become effective when the State authorizes it. For the State to hold hearings and pass this bill will be long past the process of appeals that we're in the midst of this year, and our tax revenues are protected both at the City and the State level as far as any cap is concerned. I'd also say, this is really, I believe, maybe a once-in-a-lifetime opportunity because I stars are in the right place with the State having bipartisan support for this concept and not just any bipartisan support, but Representative Evans and Representative Perzel from Philadelphia. So I think we'll get a full hearing both in Committee and before the House of Representatives, and hopefully follow in the Senate. But it's a long process. But it's really looking forward at this point. While it 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE was in reaction to this year's astronomical increases in many cases and the burdens they placed on families and widows and others, it really applies to going forward and making sure it doesn't happen again, at the same time giving the City and the School District reasonable expectations of revenues from increasing values and properties. It also places the Board of Revision of Taxes in its proper role, that of valuing properties or evaluating properties, placing values on them, trying to find the right value and not being in the revenue-raising business where they don't belong and it's clearly not their mission. But I would say that having been to many hearings again this year, this isn't just about wealthy people who have gotten huge increases, although it is fairly distributed among all. What I have seen are mostly widows who have lived in their homes for many, many years, have trudged down to the Board of Revision of Taxes hoping that their 22 percent increase or their 16 percent increase which they can't afford. And talking about how like this past week this lady who is almost 70, had been a widow for 22 years, told about from the snow and 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE everything she had been doing cement work in her crawl space because she can't fix her house up and make it fancy but she wants to keep it nice and she hopes that we will allow her to continue to afford to live in her own home. And I think while she's asking the Board of Revision to do that at a specific appeal hearing, everyone is asking us to do that at this particular venue, City Council. And let the pressure and the discussion move to the State. This is one chance where we have to ask the State as we did with the City side of the taxes to allow us to control our own destiny, allow us to have the flexibility to do what is right and not have the limitations of State prohibitions. And there's going to be hearings on legislation at the State level which has already been introduced in every section of this City during the next month, month and a half, two months. Representative John Taylor has committed to that. He chairs the Urban Affairs Committee. It will be a bipartisan committee and a bipartisan effort. And I would hope that we are unanimous as we were on the City side of this equation, the City being 42 percent and the School District being 58 percent, 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE that as we look to the future, we can hold out hope for people that they won't ever have to go through again what they're going through this year. And it is my hope that rather than explaining, rather than the committee or witnesses having to explain why we're only talking about 42 percent and a runaway train on the 58 percent involving the School District, and we'll be able to say this Council is unanimous and now it's on the State Legislature to help us help our mutual constituents.
It also gives anyone opposing caps -and believe me there are people who would like to have all the revenue they can get regardless of who they get it from or what the circumstances are that that person's -- to go to the State and use the divide and concur principle. And that is, to tell them you can't pass a law that affects 42 percent of the revenue and how is it going to administered and how are you going to explain to people put a cap on yearly increases on their taxes when 58 percent of it could be a hundred percent or 50 percent or 30 percent as it was this year? So it really means no cap at all. " It's too late to affect this year, but it's certainly the right time to look forward to the future and try to prevent this from happening again. With this being an election season, I hope, while that never influences my vote, that we would all be unanimous and behind this and send the right message, not just to the State Legislature, but to the people of Philadelphia who are crying out for this kind of assistance. Thank you.
Thank you, Madam President. Madam President, while I agree with a substantial amount of what my good friend and colleague Councilman O'Neill said prior to me speaking, I am extremely concerned about his reference to the State Legislature and their commitment to have an open dialog and a substantive public hearing, given most recent legislative initiatives that came out of the State. And I'm also somewhat concerned about the timeliness of this particular bill, given the uncertainty of what will 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE happen and the impact on the recent State budget on the School District. There are estimates between 25 and $50 million that we may not yet from the State. So I'm obviously concerned about the outcome of the state initiative so it relates to the School District budget. So for that reason, I would like to make a motion to table the bill for this week until we can get further information, both from the State and the School District. I continue to get conflicting information from individuals who are involved in that as recent as this morning, and yesterday got calls from the School District who said this particular bill will be problematic as it relates to their Five-Year Plan. So I would like to make a motion to table. (Duly seconded.)
It's been moved and seconded and it's not debatable. Councilman Cohen.
I would ask Councilman Clarke if he would withdraw his motion to table for a moment. I would like to get some information on the situation and to express an 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE opinion and see how that impacts on the discussion.
Madam President, point of order. I can't remember the last time we choked a discussion on a motion to table unless it had gone on and on and on. We've never lacked the courtesy to our colleagues of being able to speak on a motion to table if they felt strongly about it.
If Councilman Clarke has no objection, we will certainly hear from Councilman Cohen.
Are we going to set a precedent that we're going to have discussion on the motion to table unless Councilman Clarke withdraws it? That's the rule we've never followed. If this is the first time, I think it sets an awful bad precedent. I've been here long enough to know that this would be the first time.
I would happen to disagree with my colleague, though I may agree with the result that he would seek to obtain. But I think it's been past history that motions to table have always called off all further discussion. That's my memory. And institutionally I think it at least covers the same period that Councilman O'Neill 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE is referring to.
If no one has any objection, we could suspend the Rules and Councilman Cohen can be heard. Councilman Clarke does not have to withdraw his motion. It's just a suspension -
Madam President, I make a motion that we suspend the rules for the purpose of having a debate on this particular motion to table, but I do not withdraw the motion to table.
Very well. All in favor will signify by saying aye. (Aye.)
The ayes have it. The Chair recognizes Councilman Cohen. I think debate has to at some point come to an end. And Councilman Nutter makes a very good point that let's end the discussion and deal with the issue directly. I, for one, find it very difficult to think of the State Legislature as being a place where the City of Philadelphia can look for relief 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE from anything. The way they've entrapped Governor Rendell who may have been foolish in his approach, but nonetheless deserve fair treatment gives me no assurance at all the State is interested in Philadelphia. All they seem to be interested in is cutting services to the people and finding new ways to cut taxes to big corporations. And to me, that's not a healthy approach now or anytime. Therefore, I don't think there ought to be a vote to table at this time. I think we ought to -- let's come to grips with it and vote one way or the other. Either you have confidence in the State protecting us and you'll support Councilman O'Neill, or you'll support Councilman Clarke's view of terminating the issue at this time by your vote. So I would prefer not to see a vote to table and support Councilman Nutter notion that it's time for an end of the discussion and let's act on it. But anybody who looks to the State for help, I think, will only become more cynical because it's quite clear that both the State Senate and State House of Representatives, which are strongly entrenched republican, it's clear quite that they have no interest at all about the people of 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE Philadelphia. Thank you, Madam President.
Thank you, Madam President. When this bill was called up before, I guess I gave sort of a prophetic statement that I believe that Governor Rendell was going to live up to his promise to try to find funding for the schools and to lower property tax. But I also said at that time I did not believe that the republican legislature was going to follow his lead. And that's exactly what happened. So we know that is the case. And I can say that my colleagues bipartisanship and of an open process, to me, is ridiculous because they could pass the bill tonight the way they do things up in Harrisburg. And I'll just say lastly this is in the midst of election year politics. And if you ask me to choose between the kids and their parents, I'm still going to choose the kids. Even though the kids can't vote for me, I can vote for the kids. Thank you. And I call for the previous question to table. 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE
Yes. On the points about the State Legislature vis-a-vis the Governor, I think the Governor is getting his feet wet in Harrisburg. I believe before the budget process is over, things will be much, much different than they were in the last week. There's a way to work with the Legislature that the Governor is realizing. And I would also like to say that the two issues are separate. On one, the Governor is trying to get his vision adopted by the Legislature. I think all or most of that will happen, even though there's been some missed steps in the last few days. But we here are asking the State to give us the flexibility to help our constituents, which they've never given us up to now. This isn't asking the State for aid. It's not asking the State for assistance. It's asking the State for giving us more of an ability to help ourselves and make decisions within the borders of Philadelphia that are fair and reasonable to our constituents and not have a tax assessment model that is injuring, in many cases, the very needy and the most helpless and also giving people reason to 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE move and not think about moving into the City; moving out of and not moving into the City. So I would disagree with what's going on Harrisburg, but I also think it has nothing to do with the current issue since this does not affect the School District this year. This being an election year, we won't see many real estate tax assessments, if history be any guide. And it would really affect the following year, and it will probably take the State that long to do it anyway. But there is a vehicle at the State right now that we already approved, and this would complete it and I think also make our intentions clear to the State Legislature. Thank you.
It seems to me that Philadelphia ought to solve Philadelphia's problems and not look to the State to become a super city council. Philadelphia has its own power and its ability to deal with the situation, and we ought to stop the State meddling. If the State Representatives have nothing else to do and the State Senators have nothing else to do than to deal 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE with City problems, let's change all the laws and forget either the State body or the City Council. We don't need two city councils operating. We ought to solve our own problem in Philadelphia. And that's the reason I'm against looking to the State. All they've done is they've raided our Parking Authority. They've taken away the powers of the City's Gas Commission. And it's dead wrong. They ought to let us in Philadelphia solve our own problems. They took away our ability to control guns on the street. What more can you say about the State? They have no idea what life is like in Philadelphia and the problems that we have to deal with. So I'm asking the State to butt out of the City's business. Let the City control its own business, and I'm not looking for the State to suddenly do anything good. They haven't done anything good yet, and I don't anticipate they will in the future. We don't want them as a super city council. The filing date is too late; if they wanted to have jobs on City Council, they should have filed by Tuesday afternoon at 5 o'clock. Thank you, Madam President.
Thank you. 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE
Point of order. I think we should call the question, Ma'am on this.
Madam President, I have a brief comment. This is the only bill on the Calendar today. It's not like we've been sitting for four or five hours debating this issue. I would just like to reinforce that 17 of us just two or three months ago voted for an identical bill calling upon the State Legislature to help us, not interfere with us, not be a super city council, but do the exact opposite. Instead of taking a something away, give us something, give us more flexibility, which they failed to do in the past. And if I were asking for them to take something away for us, I would agree with my colleague; I also would have never sponsored either bill. Thank you.
Thank you, Madam President. I am reminded that last fall we all voted unanimously for the creation for a Tax Reform 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE Commission charged with the enormous but ultimate responsibility to examine and reexamine our City's tax structure. So I do agree with Councilman Cohen's remarks that we need to be responsible for the handling of our own affairs and give this new Commission, supported by this entire City Council, an opportunity to do what they've been charged to do. Further, I remain hard pressed to support any measure that today, yesterday, or a year from now takes a penny from the Philadelphia Public School System. So again, I say let's call the motion to table the bill. Thank you, Madam President.
I just believe from previous discussions that the Tax Reform Commission is not dealing with real estate taxes but the various business and sundry taxes that the City imposes people outside of the real estate tax. But I also would say that this bill does not take anything away from the School District now or in the future, and there's no attempt to do that. Thank 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE you.
Thank you. A motion to table was made and seconded. And I will make it clear. Those voting yes will be to table. The Clerk will please call the roll. THE
No. 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE THE
Aye. The vote is 8-8. The motion fails. 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 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE Blackwell.
No. The vote is 8-8. The motion to pass fails. This conclude the Calendar. Are there any speeches on the part of the minority? (No response.)
Are there speeches on the part of the majority? The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I would first like to thank the State Legislature who hosted us, 25 members of the family, the Brooks family, went to Harrisburg on Monday. And while they were there, Representative Mark Cohen, in fact, got up and talked about the drinking age being lowered in this State and how Lucien Blackwell single-handedly fought against that and stopped the drinking age from being lowered to 18 at a pivotal time in our history. Certainly, we thank Bill Duease for the lunch also that he hosted, and my own legislator Jim Roebuck for organizing it. But the entire House honored Lucien, and we are absolutely very, very grateful and we say thank you to them. Finally, it's wonderful that everywhere we go somebody has something different to say to talk some aspect of service that Lu was involved in and he fought for and made a difference in his lifetime. And finally, Madam President, I would just like to thank, if it has not been done, my colleagues. Thank you, Councilman Kenney for lovely flowers. Thank you, Councilman O'Neil for the candy. It doesn't get any better than that. Any lady who gets flowers and candy is happy. Thank you all, and happy St. Patrick's Day.
Thank you. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I'd just like to thank my colleagues for flowers and the candy. One more shout out for my favorite college to let the listening audience know and my colleagues know that our choir, the Bennett College Choir will be on tour this weekend in Philadelphia and New Jersey. They will be at the New Jersey State Museum at 6 o'clock on Saturday, and on Sunday they will be in Philadelphia at 3 o'clock at the James Memorial Methodist Church, 47 East Haines Street. We invite the public to come, it's $20, and hear a wonderful choir and support a wonderful school.
Thank you, Madam President. I just want everybody to know that I appreciate Councilwoman Blackwell's remarks, particularly since one of the two members of the State Legislator she commended, Representative Mark Cohen is my son, and I want the record to know that and everybody to know it. We're all very proud of his 30th year in the State Legislature. So the Cohens, once they get ahold of something seems to stay there a long, long time. (Laughter.)
It runs from father to son and maybe daughters, too. One last thing. It's just strange how a newspaper can be so good and so bad at the same time. Daily News ran, in my judgement, an excellent editorial the other day about Patriot Act 1, condemning it in the terms that were used here in the Council. At the same time they continue to support predatory lending. I'm just shocked that the Daily News has not yet responded because in this morning's Daily News they're still advertising on the second page in large advertising, so I guess they get a lot of money and in some cases at least it looks in the media money overrides principle because they're still following the practice of trying to trap people into getting involved with predatory lending. That's what makes people so cynical about the media. And on Ogontz Avenue, let me say one Miller's office and my office have been slaving for years trying to get Ogontz Avenue re-paved. The residents of that area have worked very hard. They've called the City in addition to calling Councilwoman Miller and calling my office. They've called the City. They probably called many other Councilmembers continuously. And the City couldn't hear a thing until the newspapers wrote an article about it and then suddenly, boom, they came in to do some patch work, at least. That's what makes people so cynical. Let's hope City Government begins to respond better. Thank you.
Yes, Madam President. I'd just like to offer everyone a happy St. Patrick's Day. I just want to say I hope everyone enjoys their Irish treats. And I'm glad I gave them out before Council. I'm only on that kidding. (Laughter.)
We thank you for them, too, Brian. speeches? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco.
President Verna, I move who that Council stand adjourned until Thursday, March 20th at 10:00 a.m. (Duly seconded.)
It has been moved and properly seconded that Council stand adjourned until Thursday, March 20, 2003. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. (Council adjourned at 11:55 a.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 March 13, 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