COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, February 17, 2005 10:15 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY 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 morning. May I have everyone's attention, please? 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, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Reverend Eric Simmons of the First Baptist Church of Paschall. He is here today as the guest of Councilman Goode. I will ask all members and guests to please rise.
Let me first start off by saying that I'm grateful for this opportunity to share the prayer with such a auspicious group, and I'm not a long-winded person, so let us pray. God, we thank you for this day. We thank you for life, for breath, for health and strength. God, I pray for this body as decisions are made this morning and this afternoon; some decisions, God, where persons on; some decisions, God, where healthcare and someone's utility bill is to be decided. So I pray, God, you will give clearness of speech and clearness of thought that as these persons whom you have placed in positions of government that they would decide according to your will and according to your way. God, most of all, do everything you need to do even in the midst of our falling short and in the midst of not doing everything we need to do, God. We ask you give the increase and fill the void where we fall short of your glory. God, most of all, have your way in this City. We pray for our Mayor. We pray for all those who old offices of distinction that we would be to glory and honor. It is in the name of Jesus, the Christ, and for his sake I pray. Let us all say amen.
The Chair thanks the Reverend for his very inspiring remarks. Council will be at ease. (Council at ease.)
The next business is the approval of the Journal of the meeting of Thursday, February 10, 2005. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, February 10, 2005, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of Thursday, February 10, 2005 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it. The motion carries. And the Journal of the meeting of Thursday, February 10, 2005, is approved. order of business is request for leave of absence. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today, a leave of absence is requested on behalf of the Majority for Councilmembers Krajewski and Mariano.
The Chair thanks the Councilwoman. Leave will be granted. The Chair recognizes Councilman Rizzo.
Madam President, at this time, for the Republicans there's no requests for leaves at this time. I'll let you know if that changes.
The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. Members of City 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. We have a tradition of welcoming the Girl Scouts to City Council during their annual cookie drive. The Chair at this time recognizes Councilwoman Tasco who will present a citation honoring the Girl Scouts. I would ask Ms. Carol Harris and those accompanying her to please join Councilwoman Tasco at the podium.
Good morning. It is a pleasure to present this City Council City of Philadelphia citation honoring the Girl Scouts of Southeastern Pennsylvania. And joining us is Dorea Tucker Lane (ph), a cadet of Girl Scout Troop No. 1053 and Alliah Upshur (ph), Senior Girl Scout Troop No. 1444. Honoring Girl Scouts of Southeastern Pennsylvania. The City Council of the City of proud to honor the Girl Scouts of Southeastern Pennsylvania during their 2005 Girl Scout Cookie Program. Whereas the Girl Scouts were founded in 1912 to inspire girls with the highest ideals of character, conduct, patriotism, and service to the community; and Whereas the Girl Scouts of the world preeminent organization dedicated solely to helping girls develop and realize their full potential by developing qualities that will serve them throughout their lives; and Whereas, the Girl Scouts of Southeastern Pennsylvania have over 20,000 members in Philadelphia, Delaware and Montgomery counties that participate in a variety of community service projects, cultural experiences and nature study; Therefore, by virtue of this citation, the Council of the City of Philadelphia honors Carol A. Harris and all the girl scouts of Southeastern Pennsylvania for all their hard work and service to the community. The Girl Scouts are the future and our world and we are proud to support their efforts in the community. And we congratulate you. It's signed by President Verna and supported by all Members of City Council. Congratulations. (Applause.)
Thank you very much for having us here this morning. As you know, the Girl Scout cookie sale is going on. I'm sure you've all done your part one way or another. This year we have a special program called Operation Taste of Home where you can donate cookies to be sent abroad to our many military women and men serving our country. It's called Operation Taste of Home. You can donate the cookies through our girls at our troops or you can also call our toll-free line which is 800-GSTROOP or visit a cookie booth throughout the City. SO you can donate cookies now to be sent abroad through the USO. So thank you very much for having us here, and of the Girl Scouts.
On behalf of the Girl Scouts of Southeastern Pennsylvania, Dorea and I would like to present you with these delicious cookies.
Thank you so much. Council will be at ease. (Council at ease.)
The Chair now recognizes Councilwoman Miller who will present a resolution honoring the beautiful Miss Brenda Kaye Brabham, Miss Pennsylvania USA 2005. Will Miss Brabham and those accompanying her please join the Councilwoman at the table? Councilwoman Miller is being accompanied by the very handsome and eligible Councilman Clarke. (Laughter.)
Honoring and Brenda Kaye Brabham as Miss Pennsylvania USA 2005. Whereas, Brenda Kaye Brabham was crowned Miss Pennsylvania USA 2005 on Sunday, November 28, 2004, in Pittsburgh, Pennsylvania at the conclusion of a three-day pageant; and Whereas, Brenda Kaye Brabham, the first winner of the Miss Pennsylvania USA Pageant from the Germantown community and the second winner of the crown from the City of Philadelphia and the third African-American to hold the title will represent the Keystone State at the Miss US pageant in Baltimore, Maryland in April 2005; and
Whereas, Brenda Kaye Brabham serves as a positive role model for all young people graduating from Dobbins High School in June of '99 and attending LaSalle University where she was a member of the National Honor Society, National League of College Scholars, achieved outstanding grades and was placed on the Dean's List from the years 2000 through 2003; and Whereas, Brenda Kaye Brabham cum laude in January of 2004 and continues as a positive role model for young people as an active volunteer and after school program Gear Up, serves as mentor to young people, volunteers as a group leader in the Boys and Girls Club of Philadelphia, and volunteers as a life skills instructor to young women; and Whereas, Brenda Kaye Brabham has as her career ambitious and desire to help other such as battered women and foster children to achieve whatever their desires may be in life. Her positive character traits and ambition were recognized by the pageant judges; now, therefore
Resolved by the Council of the City of Philadelphia that we honor and recognize the crowning Miss Brenda Kaye Brabham as Miss Pennsylvania USA 2005. And further resolved that an engrossed copy of this resolution be presented to Brenda Kaye Brabham as evidence of the appreciation and sincere congratulations of an is true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 3rd day of February 2005. Signed by Council President Anna C. Verna, introduced by Donna Reed Miller and Rick T. Mariano, and cosponsored by all Members of City Council. (Applause.)
Thank you. First I'd like to thank Councilwoman Miller for recognizing me and acknowledging my accomplishments. I will say that I'm very honored to be representing the State of Pennsylvania in the upcoming Miss USA Pageant, and hopefully I'll be back as Miss USA. Thank you. (Applause.)
Thank you and congratulations. Council will be at ease. (Council at ease.)
The Chair again recognize his Councilwoman Miller who will present a resolution honoring February as African-American History Month. And I understand that Councilwoman Brown and Councilman Goode will be joining Councilwoman Miller. Will Ms. Marcella Jones and those accompanying her please joining Councilwoman at the podium?
Joining the nation in recognizing February as African-American History Month and honoring the Association of African-American Life and History as the founding organization of African-American History Month. Whereas, February is celebrated as African-American History Month, during which time there is recognition and awareness of the countless contributions of African-American citizens to the growth and development to America; and
Whereas, the and History, founded nationally in the year 1915 by Dr. Carter G. Woodson as the founding organization of African-American History Month; and Whereas, the mission of the Association of African-American Life and History is to promote, research, preserve, interpret, and disseminate information to the global community regarding African-Americans and their rich history and culture; and Whereas, the Philadelphia branch of the Association of African-American Life and History, founded in 1929, by the late Judge Raymond Pace Alexander, the oldest branch of the association in the nation; and Whereas, while the general public celebrates the numerous contributions of African-Americans, the nation and the valuable contributions of Dr. Carter G. Woodson is recognized but there remains much work to be done regarding race relations and the equality for all citizens; and
Whereas, the African-American History Month will bring additional attention to the need for continued recognition and celebration of the role of African-Americans in the history of the United States; and Whereas, it its recognized that during the month of February in cities and town across the nation, a majority of citizens children, schools, families, advocates, public and elected officials will participate in special events and activities to observe and recognize African-American History Month. Now, therefore, be it resolved by the Council of the City of Philadelphia that February is recognized as African-American History Month and that the Association of African-American Life and History is honored for the founding of African-American History Month. Resolved further that an engrossed copy of this resolution is presented to a representative of the Philadelphia Chapter of the Association of African-American Life and History as evidence of the sincere appreciate legislative body. Certified that this a true and correct copy of the original resolution adopted by the City Council of Philadelphia on February 10, 2005. Signed by President Verna, introduced by Councilmembers Donna Reed Miller, Blondell Reynolds Brown, and W. Wilson Goode, Jr., and sponsored by all members of City Council. (Applause.)
Carter G. Woodson was a historian who originated the concept of African-American History Month. Carter G. Woodson himself was a son of former slaves. He was born in 1875 in the State of Virginia. After two years of high school, he was graduated. And in 1912, Dr. Carter G. Woodson became the first African-American to receive a Ph.D. from Harvard University. He recognized that the serious study of African-American history was lacking or misrepresented. 1915, Dr. Carter G. Woodson established the Association for the Study of African-American Life and History and also the Journal of Negro History. The mission of ASALH was to promote, preserve, research, and disseminate African-American history and culture. Not very far from here at 1708 West Jefferson Street in the home the late Judge Raymond Pace Alexander, Dr. Carter G. Woodson and Raymond Pace Alexander in 1929 founded the Philadelphia branch, the Flagship Branch, the oldest branch of ASALH in the nation. Dr. Carter G. Woodson in his book, "The Miss Education of the Negro," stated, "It is not leadership that is important, but leadership with service." In 1929 up until the current time, the Philadelphia branch continues to meet. The meetings are held each fourth Sunday of the month at Vereen Institute. The 1929 branch accepts this resolution on behalf of the Association for the Study of African-American Life and History in recognition of the grandeur of (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. THE
To the President and Members of the Council of the City of Philadelphia. I am pleased to advise you on February 16, 2005, I signed all the bills passed by Council on its Session on February 3, 2005. And I am transmitting herewith for the introduction and consideration of your honorable body a resolution approving the City of Philadelphia amended 911 plan and authorizing the Commissioner of Public Property on behalf of the City of Philadelphia 911 plan to the Pennsylvania Emergency Management Agency. And an ordinance authorizing Vincent and Barbara Termini, owners of the property 1514 South Eighth Street to construct, own, and maintain pedestrian scale lights, under certain terms and conditions. And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 120 by striking from the City Plan and vacating Carlisle Street from Oxford Street to Cecil B. Moore Avenue. And an ordinance authorizing the Commissioner of the Public Property on behalf of the City of Philadelphia to acquire by condemnation through 3111 West Allegheny Avenue for sewer and drainage purposes. And an ordinance authorizing the Water Commissioner on behalf of the City of Philadelphia to enter into an agreement with the owners of the properties and their successors at 925 through 927 for drainage, sewer, and water main purposes. And an ordinance authorizing the of the City to enter into an agreement with the owner of a property and their successors of private roadways located within Independence Court Housing Development. And an ordinance authorizing the Water Commissioner on behalf of the City to enter into an agreement with the owners the properties and their successors at 3101 through 3131 West Thompson Street. And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 231 by striking from the City Plan and vacating the legally open portions of Pechin Street from Cinnaminson Street to Lemonte Street.
Thank you. 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 for a motion.
Thank you, Madam President. I move that the Rules of Council be suspended so 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 offer three resolutions.
Thank you The Chief Clerk will please read the title of the first resolution. THE
A resolution declaring February 26, 2005, as Fire Fighters Recognition Day.
On behalf of myself and Councilwoman Krajewski, 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 indicate by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution urging the Mayor to demonstrate his support for the City's non-represented employees by extending to them the same cash bonus that our union-represented employees received.
It has been moved and properly 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
And a resolution authorizing City Council's Legislative Oversight Committee to hold public hearings on the status and future of the City's Municipal Pension Fund's liabilities and obligations.
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 this is to be referred to the Committee on Legislative Oversight. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today, I have no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Tasco.
Madam President, I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Miller.
The Chief Clerk will please read the title of the resolution. THE
A resolution authorizing the Commission of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 13th Ward of the City of Philadelphia.
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 indicate by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I offer two bills and two resolutions on your behalf.
Thank you. The Chief Clerk will please read the title of the first bill. THE
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 231 by striking from the City Plan and vacating the legally open portions of Pechin Street from Cinnaminson to Lemonte Street.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing Commissioner of Public Property on behalf of the City of Philadelphia to acquire by condemnation or by purchase in lieu of condemnation a certain underground easement through 3111 West Allegheny Avenue.
This bill will be referred to the appropriate committee. THE
And a resolution authorizing City Council's Committee on Transportation and Public Utilities to hold public hearings to investigate the operations of CSX Transportation in and around the City of Philadelphia and their impact on the health, safety and welfare of the City of Philadelphia.
Thank you, Madam President. I move 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 will be referred to the Committee on Transportation and Public Utilities. THE
And an ordinance amending Section 18-201 of the Philadelphia Code, entitled "Leases of Airports Facilities," by requiring Council approval of rates, charges, and fees set forth in certain leases or other agreements relating to the use of Philadelphia Airport facilities, under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I have no bills or resolutions.
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.
Thank you, Madam President. Today, I am reintroduce a privileged resolution cosponsored by you that I introduced last week, adding only a minor change per your request.
Thank you. The Chief Clerk will please read the resolution. THE
A resolution honoring Southeastern Pennsylvania Chapter of the American Cross and its CEO, Tom Foley, whose diligent and tireless work has helped hundreds of thousands of people affected by th December 26, 2004 tsunami and recognizing the month of March as Red Cross Month.
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 resolution is adopted. The Chair again recognizes Councilwoman Brown.
Thank you, Madam President. My correction. I offer one resolution.
Thank you. The Chief Clerk will please read the title of the resolution. THE
A resolution honoring National Association of colored Women's Clubs.
It has been moved and properly 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 DiCicco.
Thank you, Madam President. I offer eight bills and one resolution. The resolution is on your behalf and signed by the majority members of City Council.
Thank you. The Chief Clerk will please read the title of the first bill. THE
An ordinance authorizing the Water Commissioner on behalf of the City to enter into an agreement with the owners of the properties and their successors the following South Second Street addresses: 925 through 927.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing the Water Commissioner on behalf of the City to enter into an agreement with the owner of the property and their successors of private roadways located within the Independence Court Housing Development.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Section 9-204 of the Philadelphia Code by providing that all permitted vendors locations on both side of 12th Street between Arch Street and Chestnut Street.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Section 9-204 of the Philadelphia Code by providing that all permitted vendor locations on both sides of 11th Street between Arch Street and Chestnut Street.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Section 9-204 of the Philadelphia Code by providing that all permitted vendor locations on both sides of Eighth Street and Ninth Street between Arch Street and Market Street.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing the Water Commissioner on behalf of the City to enter into an agreement with the owners the properties and their successors at 3101 through 3131 west Thompson Street.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing Vincent and Barbara Termini, 824 Gatemore Road, owners of the Property of Mr. Joe Cafe, 1514 South Eighth Street, their successors and assigns to construct, own and maintain pedestrian scale lights.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Section 9-204 of the Philadelphia Code by prohibiting vending on both sides of Eighth Street from Chestnut Street to Walnut Street.
The bill will be referred to the appropriate committee. THE
And a resolution honoring Dr. Stefan Mistretta as the new Consul General of Italy in Philadelphia.
Move for the adoption of the resolution, Madam President. (Duly seconded.)
It has been moved and properly 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.
Thank you. The Chair recognizes Councilman Clarke.
The Chief Clerk will please read the title of the first bill. THE
An ordinance authorizing revision of lines and grades on a portion of City Plan No. 120 by striking from the City Plan and vacating Carlisle Street from Oxford Street to Cecil B. Moore Avenue.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Section 2 of an ordinance, Bill No. 020740, approved January 23, 2003, entitled an ordinance authorizing revision of lines and grades on a portion of City Plan No. 58 by striking from the City Plan and vacating Olive Street from Percy Street to 10th Street.
The bill will be referred to the appropriate committee. THE
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 18th, 20th, 29th, 32nd 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 say aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Kelly.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
The Chief Clerk will please read the title of the resolution. THE
A resolution authorizing City Council's Committee on Public Property and Public Works to hold public hearings on the status of land lines and other means to support the native city nor data transmission, communication, and public safety and security.
I move for the adoption of this resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is will be referred to the Committee on Public Property and Public Works. The 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 out four resolutions with a favorable recommendation.
Thank you. 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 Resolution No. 050078 entitled a resolution reappointing Howard Wurzak to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion; And Resolution 50079 entitled a resolution appointing Michael Woodward to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion; And Resolution No. 050080 entitled a resolution appointing H. James Tollett, III, to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion; And a resolution 050081 entitled a resolution appointing Reverend Timothy R. Lannon to the Board of Directors of the City District of Philadelphia and Lower Merion; Respectfully reports it has considered the same and returns the attached resolutions to Council with a favorable recommendation.
Thank you. Resolution Nos. 050078, 050079, 050080, and 050081 will be considered at the end of today's Calendar. Council will now proceed under a special of business to the reconsideration of Bill No. 040326. This bill was passed by the Council at its January 25, 2005 Session and was returned disapproved by the Mayor on February 10, 2005. At this time, the Chair recognizes Councilman Kenney.
Thank you, Madam President. I move that Council reconsider Bill No. 040326, which was approved by City Council on January 25, 2005. (Duly seconded.)
Thank you, Madam President. This past week I circulated a memo to my colleagues explaining my position on the bill vis-a-vis the Mayor's veto. I'd like to take the opportunity to read it. It's a very short memo, but I think the record should be clear of the position of the sponsor of the bill. So with your approval, I'd just like read this memo into the record. Thank you. "As you know, last Thursday, February 10th, the Mayor vetoed Bill No. 040326 which was passed unanimously in December with your support. I would like to ask my colleagues support again in overriding the Mayor's veto today. "Currently, if a City employee is injured while working such that they can no longer do their job, they get a monthly service-connected disability pension benefit equal to 70 percent of their pay at the time employment. This is true of most all workers, with some exceptions due to different unions and arbitrations. "If someone receives a service-connected disability and decides to get another job, the City deducts 33 percent of the new salary from their pension, with some exceptions. This provision was implemented early in the Rendell Administration to crack down on disability fraud which was rampant at the time. Fortunately, today, the Risk Management Department is very aggressive in investigating every disability pension request so that this reason no longer applies. "All four unions testified that this provision is unfair. As an injury that prevents someone from continuing their City jobs should not preclude them from further contributing to the tax base of the City through another job. For example, a former prison guard testified how he was stabbed on duty and unable to keep working. As the years progressed, his pension does not cover as much to so he does not understand why he should be penalized if he finds a job he can still perform since the facts of his injury have not changed in any way. "The Mayor now argues that this bill is illegal because Council is interfering with the collective bargaining process reserved for the Administration. Our interpretation of Act 111 and Act 195 is that this legislation is not an unfair labor practice as long as council has the support of the affected collective bargaining units. All four municipal unions have testified in support of this bill. "City Council has ultimately authority to set and adjust municipal pension benefits. Council cannot reduce union workers' benefit without bargaining, but expansion is allowed under the law if done with the union's support. And we have done so previously. Examples include Council's passage of the DROP, the recent pension COLA, and the heroic exemption to this very offset. So we've done this in the past. Even if the and Council cannot increase collectively bargained pension benefits, that would mean only that the pension changes would not become effective until the current contracts expire, but ultimately, they would still become effective. "The Mayor states for the same reasoning Council does not specifically have the authority to legislate retroactively. However, these former employees were obviously not currently covered by collective bargaining agreements and so Council certainly has full authority to change their pension benefits. "While I believe this is a matter of fairness and not money, the Mayor does argue that this legislation would cost the General Fund too much to implement. This is unfortunate, as increasing the service-connected disability pension benefit should never be a direct payment from the General Fund and should theoretically cost the General Fund nothing if the growth of the pension fund is a managed properly. "I respectfully ask my colleagues in support our friends and municipal unions and override the Mayor's veto today.
Councilwoman Blackwell, your light is on. Did you want to be recognizes?
It has been moved and seconded that Council reconsider Bill No. 040326. All in favor will indicate by saying aye. (Aye.)
The motion carries. Council will now reconsider the vote by which Bill No. 040326 was passed. The Chief Clerk will please read the bill. THE
An ordinance amending Title 22 of the Philadelphia Code entitled "Public Employs Retirement Code" by amending Chapter 22-400 entitled "Disability Benefits" by amending Section 22-401 relating to service-connected disability retirement benefits and Section 22-402 relating to ordinary disability retire benefits to delete provisions related to a reduction in benefits for gainful employment, all under certain terms and conditions.
Thank you. This bill having been read on two different days, was duly approved by City Council on January 25, 2005, and was returned to Council by the Mayor as disapproved on February 10, 2005. The question is, shall Bill No. 040326 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. time, I would ask the Chief Clerk to please call the roll. THE
Aye. The ayes are 15, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Mayor's veto is overridden. The next order of business is the consideration of the Calendar. Since there are no bills on the First Reading Calendar, the Chair recognizes Councilwoman Blackwell for the purpose of 02/17/05 - STATED - 2ND READING calling up bills to be considered on the Second Reading and Final Passage Calendar today.
Thank you, Madam President. Today, Bill No. 041072 is being called up for second reading and final passage. All other bills are being held.
Thank you. The Chief Clerk will please read the title of Bill No. 041072. THE
An ordinance amending Chapter 19-2600 of the Philadelphia Code entitled "Business Privilege Taxes" by providing for the calculation of a credit against net profits tax based upon net income tax liability where a credit is received against net income tax for contributions to community development corporations undertaking economic development activities within the City of Philadelphia, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. 02/17/05 - STATED - 2ND READING The Clerk will please call the roll. THE
Aye. The ayes are 15, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Resolution No. 050078. THE
A resolution reappointing Howard Wurzak to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion.
The Chair 02/17/05 - STATED - 2ND READING recognizes Councilman Nutter.
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 resolution is adopted. The Chief Clerk will please read the title of Resolution No. 050079. THE
A resolution appointing Michael Woodward to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion
Again, the Chair recognizes Councilman Nutter. 02/17/05 - STATED - 2ND READING
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 indicate by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chief Clerk will please read the title of Resolution No. 050080. THE
A resolution appointing H. James Tollett, III, to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion.
Again, the Chair recognizes Councilman Nutter. 02/17/05 - STATED - 2ND READING
Thank you, Madam Chair. 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 indicate by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chief Clerk will please read the title of Resolution No. 050081. THE
A resolution appointing Reverend Timothy R. Lannon to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion.
Thank you, Madam 02/17/05 - STATED - 2ND READING 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 indicate by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. That concludes our Calendar for today. Are there speeches on the part of the Minority? (No response.)
Are there speeches on the part of the Majority? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco adjourn.
Madam President, I move that we stand adjourned until Thursday, February 24th at 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stands adjourned until Thursday, February 24th at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Thank you. (Council adjourned at 11:05 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 Thursday, February 17, 2005, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING _________________________ Lisa C. Bradley, RPR