COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, May 9, 2002 10:15 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 WILSON W. GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN W. THACHER LONGSTRETH 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 VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103
Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats. To give our invocation this morning, the Chair welcomes Thomas J. Ritter, Pastor of the Second Macedonia Baptist Church. He is here today as the guest of Councilwoman Tasco. All members and guests will please rise. REV. RITTER: With your permission, Madam Chairlady, let me first thank my long-time friend Councilwoman Tasco for inviting me, and thank you and all in City Council to allowing me to come. Let us look to the Lord in prayer. Our God and our father, in your word you reminded us, if my people who are called by my name will humble themselves and pray, turn from their wicked ways and seek my face, then will I hear from heaven and I will heal their land. We ask you, oh, God, to come and heal the land where City Council resides. Heal the land where the Mayor resides. Heal the land where the Governor and the President resides. Heal the land Palestine, in Bosnia, and all over the world. Let the people know that you are present, busy healing the land. As we come, oh, God, we realize that we can do nothing without you. We offer ourselves to you and thank you for this City Council for the sacrifice they make in time and energy resolving the problems of this City. Continue to let them know that you are able to do all things and do all things well. And, oh, God, we pray for each neighborhood in this City. We ask that thou would wipe this City of drugs, crime, and violence. Continue to use this Council to improve the land and bless your people. We ask, oh, God, that you will be with them not only today, but every day. Guide, guard, and direct their footsteps as they work on behalf of the people in obedience to your word in healing the land. We ask it all in the name of him who does all things well, in the name of him who is alpha and omega, in the name of him who is the lilly of the valley, the bright and the morning star, in the name of him, our Lord and Savior Jesus Christ. Amen. THE COURT: The Chair thanks Reverend Ritter for his very inspiring invocation. (Council at ease.)
The next order of business is the approval of the Journal of the Meeting of Thursday, May 2, 2002. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the Meeting of Thursday, May 2, 2002, stand approved.
It has been moved and properly seconded that the Journal of the Meeting of Thursday, May 2, 2002, stand approved. All in favor will signify by saying aye. (Aye.)
The ayes have it. The motion is carried. The next order of business is requests for leave of absence. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absence today on the part of the majority.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the Republicans, there are no requests for leave of absence.
The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all 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. At this time the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I would like to welcome first a former committee person in the 46th Ward, my ward, job and been a community leader, that's Ms. Jesse Pinkus (ph)who sits there. Jesse, stand up. (Applause.)
I would also like to recognize some special visitors from the Philadelphia Job Corps Program who is here with us today. We will be presenting these young men and women after Council with citations for their personal accomplishments and for their volunteer work in putting the finishing touches on the Cobbs Creek Environmental Center. The young men and women are here today with their instructor Mr. Gary St. George and others. And they are Alexandria Ayala, Kanera Pernsley, Kristopher Hardy, William Dickel, William Heath, Ronda Roberts, Samuel Lyons, and Tailley Suboh. Could you stand?
Could you stand. We'll be more than happy to recognize you. (Applause.)
Thank you. We have no presentations today, therefore, the next be communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the Clerk. The Clerk will please read the messages from the Mayor.
To the President and Members of the Council of the City of Philadelphia, I am pleased to advise you that on May 8, 2002, I signed all of the bills that were passed at its Council Session on April 28, 2002. And I am transmitting herewith for the introduction and consideration of your honorable body a proposed ordinance entitled, an ordinance declaring that it is desirable for the health, safety, and welfare of the people in the area served by the Children's Hospital of Philadelphia to participate in certain renovations, improvement, and expansion projects to such institution buildings and facilities primarily at their campus located 34th Street and Civic Center Boulevard. And an ordinance authorizing the Commission of Public Property to execute and delivery to the Redevelopment Authority for in the vicinity of American Street and Montgomery Avenue. And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located in the vicinity of 19th Street and Allegheny Avenue. And an ordinance authorizing transfers in appropriation for Fiscal Year 2002 within the General Fund from the Department of Revenue Sinking Fund Commission to the Register of Wills and the Sheriff. And an ordinance authorizing transfers in appropriation for Fiscal Year 2002 within the Water Fund from the Department of Revenue to the Department of Revenue. And an ordinance declaring that it is desirable for the health, safety, and welfare of the people in of the area served by Temple University Hospital to undertake a project whereby the authority will finance the cost of the development of construction of a multi-level ambulatory health care building. And an ordinance amending an ordinance AND RES. approved December 14, 1971, as amended, which approved the redevelopment proposal of the Urban Redevelopment Plan and the relocation plan of the Redevelopment Authority of the City Philadelphia for the redevelopment of the South Central Urban Renewal Area.
The messages will be printed in the Journal. The Clerk will please read any other communications in her possession.
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 as to permit immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the Rules of AND RES. Council be suspended so as permit immediate consideration of resolutions at the time of introduction. All in favor of the motion will indicate by saying aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning I introduce two privileged resolutions, both cosponsored by all Members of Council and one introduced by myself and Councilman DiCicco.
Councilwoman Blackwell, don't you have one for me?
I'm so sorry, AND RES. Madam President. You're only the president. I have a third resolution that I introduce on your behalf.
The Clerk will please read the title of the resolutions.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 30th and 36th Wards of the City of Philadelphia.
Thank you, Madam President. I move for the adoption.
It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it and the resolution has been adopted. AND RES. The Clerk will please read the title of the second resolution.
A resolution honoring G. Craig Schelter, after serving 34 years in executive leadership positions at both the City Planning Commission and Philadelphia Industrial Development Corporation and wishing him well in his new endeavors.
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 next AND RES. resolution.
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 Cohen.
The Clerk will please read the title of the bill.
An ordinance amending Chapter 19-1500 of the Philadelphia Code entitled, AND RES. "Wage and Net Profits Tax," by decreasing in stages the rates of the tax imposed upon certain low income persons, all under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chair recognizes Councilman Mariano.
Madam President, I have two bills and two resolutions.
Thank you. The Clerk will please read the title of the first bill.
An ordinance amending title 4 of the Philadelphia Code, the Philadelphia Building Construction and Occupancy Code, by amending exempt PM-304.0 entitled "Exterior Structure" and by amending Section PM-307 entitled "Unsafe and Unfit Structures and Equipment," by adding provisions relating to the maintenance and inspection of piers and other waterfront structures, AND RES. all under certain terms and conditions.
This bill will be referred the appropriate committee.
And an ordinance authorizing transfers in appropriation for Fiscal Year 2003 within the General Fund from certain and all City offices, departments, boards, and commission to certain and all City offices, departments, boards, and commission.
The bill will be referred the appropriate committee.
And a resolution authorizing the Director of Commerce on behalf of the City of Philadelphia to file an application and, if the application is accepted, to execute a contract to obtain a grant from the Department of Community and Economic Development, the Commonwealth of Pennsylvania under the Act of April 12, 1956.
Move for the adoption of the resolution. (Duly seconded.)
It has been AND RES. moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it and the motion carries. The Clerk will please read the second resolution.
A resolution requesting that the Army Corps of Engineers continue the proposed $311 million deepening project for the Delaware River.
Madam President, I want a roll call vote on this. I did a little history lesson, and since this Council came back in the year '00, we've done this 23 times for important things such as the School District PFT contracts, AND RES. Temple graduate student bargaining -- what I'm talking about is resolutions without going to committee. If we could do a roll call and have a voice vote and then we can get through with this. The Governor and the State House and the State Senate did proposals for this dredging this week. It looks like the State House and the Senate passed similar resolutions this week and the Governor came out and supported this yesterday. This is a big economic boom for the citizens of Philadelphia. By the time we get around to hearings, we have literally missed the boat, for lack of better words. Move for the adoption of the resolution. (Duly seconded.)
It may be an economic boom, but I don't know for whom it is because the governors of New Jersey and Delaware are opposed to this. The congressmen from those areas opposed to it. There are questions about the environment. There's a serious amount of dioxin and other AND RES. dangerous chemicals in the Delaware River which if dredged up may very well influence the drinking water. Half of the water we drink in Philadelphia comes from the Delaware River. This project has been around since 1992. It is extremely controversial. Oil companies that are supposed to be the major beneficiaries of the dredging have refused to even commit to having what they call their laterals, their side connections and their docks changed in order to accommodate the boats that theoretically would be able to land at the docks and their laterals if the river dredging was continued and completed. The General Accounting Office, not known for any political views at all, has condemned this as being economically infeasible. If there's money around, I suggest a great piece of it would be for our schools and not to add five feet to the Delaware River in a way which would hurt our economy and would hurt the environment. In any event, whether what Councilman Mariano says would be supported by the facts or whether what I say would be supported the facts, let's bring the facts out into the open and then AND RES. let's make a knowledgeable, informed decision one way or the other. That's the time for a roll call. Now is the time for serious consideration of a matter that has raised so many dissenting points of view. I, therefore, ask that the motion to send this to the appropriate committee be sustained by my colleagues. Thank you.
The Chair recognizes Councilman Nutter. Councilman Nutter, did you want to be recognized?
No, not on this issue, Madam President. It was for introduction.
Thank you, Madam. President. I have an appreciation for Councilman Mariano's effort to try and be helpful to the unions, but I do agree with Councilman Cohen that we need to have hearings on it. And it doesn't take that long to generate a hearing. This has been ongoing for months, and I don't think anything's going to happen in the next two or three weeks. So I would call to send this resolution to the committee. AND RES.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Point of clarification. The Council already voted for Councilman Mariano's resolution, so technically what is the -
We voted on one for Councilman Mariano and then you called on Councilman Cohen.
No, we never cast a vote. It was introduced and he was recognized, but we never cast a vote.
Madam Chair, enough people are on the other side of this issue, the Delaware River Keepers, the Clean Water Action Committee, the Sietra Club, other committees and groups that care for the environment, enough of them that I believe a hearing exploring the issue might be necessary and illustrative and educational. We AND RES. have no power actually to order anyone on this issue, but we do have the power to be able to educate the people of Philadelphia as to the issue and the economic worthiness of this issue. It doesn't do any harm to have a hearing. And I believe that at this time, it's almost imperative that people do begin to voice their opinions to their congressmen and senators. Corzine and Toricelli in New Jersey are against it. The Governor of Delaware is against it. And other individuals are voicing the voice of opposition for us to be able to just have a hearing in this Council. I believe that a little bit of knowledge does no one any harm. Thank you.
Thank you, Madam President. Councilman Mariano called for a roll call vote. I'm assuming that he feels that Members of this Council voting on a non-binding resolution can make up their minds. Members who are not comfortable with that vote, then they can state that. But those members who are comfortable voting can vote aye or no. AND RES.
Thank you. The Chair recognizes Councilman Mariano.
Madam President, I want to call for the roll call vote on my motion, but not Councilman Cohen's. And I'm not sure which one is on the floor.
Councilman Rizzo. Did you want to be recognized?
I don't want to repeat what Councilman Goode said. If somebody thinks that we need to have a hearing, somebody can introduce a new resolution next week and we can have a hearing. But today I think out of courtesy to Councilman Mariano that he's asked for a roll call vote, let's do the roll call vote and get on with business here.
Councilman Mariano, if you make your motion and it's seconded, we will have a roll call vote.
Madam President, the procedure requires a vote on the motion to refer to a committee. That takes precedence over the AND RES. original motion. That's what the Mason's Book of Procedures calls for, that's what Robert's Rule of Order calls for. I have no objection to a roll call vote on each of the two motions if both become appropriate. But if the matter is referred to a committee, there will be hearings and then we'll be making an informed decision. If that vote fails, then there can be a roll call vote on Councilman Mariano's resolution.
Thank you, Madam President. Madam President, I was going to raise the fact that there were two pending motions.
I couldn't hear it because the mike was not on probably.
There was a second on Councilman Mariano's motion. I heard that.
In that case, I call for previous question on mine. Excuse me, Councilman Nutter.
I'm just trying to clarification from the Chair. I am not in this debate. I just want a clarification from the Chair on the order of the motions and which motion takes precedence over the other motion.
So that everybody understands what we're doing -
It's clear to me a motion to refer to committee clearly takes precedence. But if you want to get the advice of parliamentarian, do so. (Pause.)
We are now going to consider the approval of Councilman Mariano's resolution. I know that Councilman Cohen did make a motion. I did not hear a second on that motion either. Did anyone second that? I didn't AND RES. hear it.
And I would like to inform my colleagues, please, that you must press the button for anybody to hear you. We will now have a roll call vote -Yes, the Chair recognizes Councilman Kenney.
I'm sorry to have to ask this question because it's becoming increasing more confusing as we go along. I know last week the resolution was circulated and I know there's a motion on the floor to approve it this week. Has that been circulated again?
I was just waiting AND RES. for the ruling with regard to order. Which motion is taking precedent and which motion are we voting on?
Councilman Mariano made a motion. I am told it was seconded -
-- by Councilwoman Krajewski, which we did not hear. Councilman Cohen made a motion. I do not believe that that was seconded.
Councilman Cohen, I can't hear a word you're saying. Please speak into the mike.
I'm saying my motion was seconded immediately. It was seconded or otherwise it wouldn't be before us.
But you determine order of priority in action based on the order in AND RES. which motions are made. Certain motions have priority over other motions.
You are absolutely right, Councilman. It is not crystal clear that either these motions has precedence over the other. And if they are equal, then the first one made goes first.
No, that never determines the order of priority. What determines the order of priority is the substance of the motion. And when there is a motion made, a motion to commit the issue to committee for consideration takes priority over the basic motion. It is the ABC of parliamentary procedure. It is not a complex issue at all.
I understand that, Councilman. I think there is apparently a dispute as to whether the motion to refer to committee takes precedence over the motion to pass. There are other motions that take precedence over the motion to approve the resolution. It is not crystal clear that your motion is that type of motion.
Councilman AND RES. Cohen, our legal staff is telling me that the first motion was made by Councilman Mariano and seconded. Therefore, we would have to consider his motion. Now, if you disagree with the legal staff -
Councilman Goode, I just noticed your light is on. Did you want to be recognized?
Very briefly. I think there are conflicting motions. Whatever we vote on, I think we have to make a decision what we're voting in a clear sense. Secondly, in terms of the question of whether one motion takes priority over the other, I think approving a resolution is stronger than approving the consideration for hearings.
Councilwoman Tasco, did you want to be recognized? Your light was on.
I just want to call it. I just want to get this over with. It's 20 AND RES. minutes longer than it should be.
Madam President, I move to table Councilman Mariano's motion.
Madam President, there's a motion of the floor. (Duly seconded.)
That clearly takes precedence I think even in this body.
There's already a motion on the floor that's been duly seconded. I call for the roll call.
Well, that's the reason you move to table something. You don't move to table an empty table.
You can't table it after it's been seconded. Then you would table everything that was going to be defeated, Councilman. Anything that would be defeated I would table that I didn't like. So you got to go with what's duly seconded. The prime sponsor of the resolution has -
Councilman Mariano, I am being told that a motion to table takes precedence. AND RES. It has been moved and seconded this be tabled. All in favor?
Roll call for the table motion. I call for a roll call. We're going to get to it anyhow.
The Clerk will please call the roll. Now, so that everybody is very clear on what we're doing, there's a motion on the floor to table consideration of Councilman Mariano resolution. Please call the roll.
No. We have 3 ayes, 14 the nays. The AND RES. motion does not pass. We will now consider Councilman Mariano's resolution. Councilman, would you make a motion now to consider your resolution?
I make a motion for a roll call vote on my resolution.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. Councilman Cohen, your light is on. Do you want to be recognized?
I wish to be heard on the main motion. Right now the project is dead. Two of the three states that are involved, New Jersey and Delaware, are dead set opposed to this motion. The only one for this motion that I know of is Governor Schweiker and Councilman Mariano. Why they want to spend the money in enlarging the Delaware River and deepening the Delaware River by AND RES. five feet -- it's going to involve hundreds of millions of dollars. It's been so expensive that despite the fact that the original decision was made in 1992, 10 years ago, to increase the depth of the Delaware River, the project has been stalled by economic and environmental considerations. And the Budget Office of the United States Congress -- the General Accounting Office rather has ruled that the matter is not economically feasible. We're dealing with a mystic object which will never see reality because it's so foolish. And I hate to see this Council make a decision which is going to be the laughing stock of environmentalists throughout the country which shows that we have no regard for money, that despite the fact that our schools are desperately in need of replacement -- we don't have any money for that, we can't cure lead poison, but by God, we can stir up the Delaware River and begin to develop all kinds of impurities that threaten the health of Philadelphians. If this is an old fashioned WPA project, Works Project Administration, let's say it's a false project aimed at creating false jobs. Then let's deal with that issue. But to say that it's going to help our economy or be a AND RES. progressive step forward in economic development is shear nonsense. That's the reason why it's urgent in order to pass this resolution in Philadelphia for us to foreclose any opportunity to having a hearing because hearings, unfortunately, bring out facts. And on the facts, this project is a sure loser because it hurts everybody. It hurts the economy, it hurts the health. I, therefore, urge my colleagues to vote no on this resolution. Thank you.