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.
Aye. The ayes are 14, the nays are 3. The resolution has been adopted. AND RES. The Chair recognizes Councilwoman Tasco.
Thank you. The Clerk will please read the title of the resolution.
A resolution honoring the Philadelphia Alumnae Chapter of the Delta Sigma, Theta sorority.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
Those opposed? The ayes have it the resolution has been adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I offer one bill. AND RES.
The Clerk will please read the title of the bill.
An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development without consideration a deed located in the vicinity of 19th Street and Allegheny Avenue.
This bill will be referred the appropriate committee. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I offer one bill, 3 resolutions, the second of which is on your behalf, Councilwoman Blackwell, Councilwoman Reynolds-Brown, and Councilman Ortiz.
Thank you. The Clerk will please read the title of the bill.
An ordinance amending title 4 of the Philadelphia Code by requiring that special certificates of inspection must be issued in connection with structures in use group E, the Educational Youth Group, on an annual basis in order for such structures to be occupied establishing certain reporting requirements regarding the AND RES. inspections.
The bill will be referred to the appropriate committee. The Clerk will please read the title of the first resolution.
A resolution mourning the death and honoring the memory Honorably Harvey N. Schmidt.
Thank you, Madam President. I move the adoption of this resolution by a standing vote.
All those standing will be voting in favor of the resolution. (All Councilmembers stand.)
The resolution has been adopted. The Clerk will please read the title of the second resolution.
The Chair recognizes Councilman Nutter. AND RES.
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. The resolution has been adopted. The Clerk will please read the third resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in 21st and 44th Wards of the City of Philadelphia.
Madam President, I move the adoption of the resolution. (Duly seconded.)
It has been AND RES. moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution has been adopted. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman good.
Thank you, Madam President. I have no bills or resolution.
Thank you, madam President. No bills or resolutions today.
Thank you. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I offer two bills and one resolution. We just got a bill up from the Mayor's Office recently. Originally I had told you one bill and AND RES. one resolution. We just received an additional bill.
Thank you. The Clerk will please read the title of the first bill.
An ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to enter into a lease with Bainbridge Properties, a Pennsylvania Limited Liability Company to lease from Bainbridge Properties a certain parcel of ground located at 1211-13 Bainbridge Street.
The bill will be referred the appropriate committee. The Clerk will please read the title of the second bill.
And an ordinance amending an ordinance approved December 14, 1971, as amended, which approved the Redevelopment Proposal, the Urban Renewal Plan, and the Relocation Plan of the Redevelopment Authority for the redevelopment of the South Central Urban Renewal Area.
This bill will be referred the appropriate committee. AND RES. The Clerk will please read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 1st, 5th, 31st and 39th 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 O'Neill.
Madam President, I offer one bill and one resolution on behalf of myself and Councilwoman Joan Krajewski. AND RES.
Thank you. The Clerk will please read the title of the bill.
An ordinance authorizing the Commissioner of Public Property on behalf of the City to enter into a further amendment to a lease between the City and Far Northeast Senior Citizens.
The bill will be referred the appropriate committee.
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 motion carries. AND RES. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have two bills, one cosponsored by Councilman Mariano and myself.
Thank you. The Clerk will please read the title of the first bill.
An ordinance amending an ordinance approved December 15, 1969, as amended, which approved the Redevelopment Proposal, the Urban Renewal Plan, and the Relocation Plan of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the Model Cities Urban Renewal Area.
The bill will be referred the appropriate committee.
And an ordinance declaring that it is desirable for the health, safety and welfare of the people in the area served by Temple University Hospital in the vicinity 3101 North Broad Street.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Longstreth. AND RES.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
Thank you. The next order of business is reports from committees. The Chair recognizes Councilman Cohen for a report from the Committee on Law and Government.
Thank you, Madam President. The Committee on Law and Government reports one bill with a favorable recommendation.
To the President and Members of the Council of the Council President, the Committee on Law and Government to which was referred Bill No. 010719 entitled an ordinance amending Chapter 9-1100 of the Philadelphia Code entitled "Fair Practices," by prohibiting employment, housing, and public accommodations on the basis of a person's gender identity as defined, all under certain terms and conditions, respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Madam President, I move that the Rules of Council be suspended so as to permit First Reading this day of Bill No. 010719. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit First Reading this day of Bill No. 010719. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the bill just read will be placed on today's First Reading Calendar. the reports from committees. Our next order of business is the consideration of the Calendar. The Clerk will please call the bills on the First Reading Calendar to be considered today.
Bill No. 010719, an ordinance amending Chapter 9-1100 of the Philadelphia Code entitled "Fair Practices," by prohibiting discrimination in employment, housing, and public accommodations on the basis of a person's gender identity as defined, all under certain terms and conditions.
The Chair agrees. The bill read by the Clerk will be placed on the Second Reading and Final Passage Calendar for our next Session of Council. The Chair now recognizes Councilwoman Blackwell for the purpose of calling bills to be considered on the Second Reading and Final Passage Calendar.
Thank you, Madam President. 020147A, 020151, 020164, 010554, 020245, 020246, 000547, 020043, 020244, 020245, 000349, and 020165 are being called up for Second Reading and Final Passage. All other bills are being held.
Thank you. The Clerk will please read the title go of the first bill, Bill No. 020147A.
An ordinance establishing a no parking regulation on the 5900 block of North 7th Street.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill being called for consideration is Bill No. 020151.
An ordinance amending an ordinance approved January 3, 1992, Bill No. 1205-AA which pursuant to Subsection 9204 of the Philadelphia Code, designates the locations in Center City at which vending is permitted, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020164.
An ordinance amending Title 4 of the Philadelphia Code to include provisions for the issuance of a code violation notice in a specific amount to persons who are licensed under this section, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. Bill No. 010554 is next to be called.
An ordinance amending Section 21-105 of the Philadelphia Code entitled "Hero Awards," by increasing the amount that may be awarded under that section to family members of fire fighters, police officers, and prosecution detectives killed in the course of performing heroic deeds, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020245.
An ordinance authorizing generally the continued issuance and sale by the City of Philadelphia of the Gas Works revenue notes of the City proscribing the forms of notes and providing for their execution and payment and providing remedies upon default and providing for amendments and modifications.
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.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020246.
An ordinance authorizing an amendment of the Philadelphia Facilities Management Corporation agreement to extend the repayment period for temporary financing that the City may provide the Philadelphia Gas Works, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll -I'm sorry. The Chair recognizes Councilman Cohen.
I wonder if Councilwoman Tasco would be good enough to update us a bit on the history of this bill? Could you give us a slight report on that? Why is this required?
Councilwoman Tasco, it's Bill No. 020246. We just voted on it. It's on bottom of .
What they're doing is changing the terms of the agreement for the $45 million.
Is that because the Public Utility Commission state level has not given the rate increases desired?
No, it has to do with the bond rating and Standard and Poors' requirement that we allow them to extend the payments.
And I take it by your introduction it means that the Gas Commission is supporting this action.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. Bill No. 000547.
An ordinance regulating the movement of traffic on Chestnut Street and particularly authorizing right turns to be made from Chestnut Street at certain intersections in Center City.
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.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. Bill No. 020043, please.
An ordinance authorizing the paving of Britton Street and Clearview Street, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020244.
An ordinance authorizing the Ralston House, owner of the property 3615 Chestnut Street to construct, own, and maintain underground conduit and pedestrian light post, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill being called for consideration is Bill No. 020252.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 13S by striking from the City Plan and vacating Lawrence Street from Wharton Street to Titan Street, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000349.
An ordinance amending Section 17-107 of the Philadelphia Code entitled "Contractors Labor Management Relationships" by revising the penalties for violation of the prevailing wage ordinance, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The last bill to be called for consideration is Bill No. 020165.
An ordinance authorizing the Managing Director to enter into an agreement on behalf of the City of Philadelphia with the Commonwealth of Pennsylvania acting through its Department of Public Welfare for the City to administer a managed care program under the name Health Care Choices Behavioral Health, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. That concludes our Calendar for today. Are there speeches on the part of the minority? Are there speeches on the part of the majority? The Chair recognizes Councilman Ortiz.
Thank you, Madam Chair. It's becoming very obvious, Madam President, that we're heading for an incredible diaster come September of this year. The dismantling of the in its own chaotic pace. You have a School Reform Commission that doesn't seem to know its elbow from its head or where certain pieces of their bodies are at. But obviously they're not thinking very well. Wall Street has passed judgment on the largest contractor with the School Reform Commission, the Edison Company. The other day a report came out, it says Edison schools flunk. It calls the Edison Company involving goof ball business plan, millions in loan to the company brass, millions more inside stock options, hidden panhandling, retread politicians. And the question becomes what are we going to do about this? I've been going to schools during the last few weeks meeting with parents. In fact, Councilman Mariano has joined me in many of those meetings that we have had. In each of those meetings, the parents expressed their despair and their lack of knowledge about what is going to happen to the education of their kids. The teachers and the principals are in the same boat. But the School Reform Commission continues in trying to push privatization, Edison, as the stocks go down from a high of 25 to now around $3 and some-odd cents. It is obvious that this company doesn't have the competence or the capital to be able to engage and manage the schools that they've been given by this Commission. Yesterday there were rallies in front of the School Board, students during the noon hour, teachers after 3 o'clock. The question becomes, are we going to allow this so-called Reform Commission to dismantle the public school system of this City? I don't think we should, and we have to stand up, speak out, bring it to a close if we have to. But let's not permit this catastrophe that is going to happen to come about. It's our kids. It's our kids. And I will keep on talking about this issue every week until people begin to listen that we can't, we cannot allow the dismantling of our public school system. We cannot allow a system of separate and unequal to be established. We cannot allow the system to be given to companies such as Edison to run. We just cannot allow that. And if we want a middle class to come back, we really cannot allow that to happen. So, Madam Chair, I know you've written a letter to Mr. Nevels, and I don't think we've gotten a response from him. And that letter was probably written around two weeks ago. We cannot allow these individuals to keep on running our system. If we have to bring it to a halt, I think we may have to bring it to a halt. If we have to bring it to that crisis situation, I think we may have to bring it to that crisis situation. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I didn't have the opportunity earlier to introduce a visiting group. It's Webster Elementary School's Gifted Students Program. It's in Councilmember DiCicco's district. And they're here today with their teacher Mrs. Frado (ph), and I'd like them to stand and be recognized. (Applause.)
You're welcome. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. While we are recognizing people, I'd like to recognize the 61st member of the 50th Ward Brittany Washington who's been with us. She's out of school today. She helped us run the 50th Ward. Stand up, Brittany. (Applause.)
Madam President, I'd just like to say -- and I believe all of our my colleagues will get in their mail today a copy of the Nation's Weekly Newspaper that is published by the National League of Cities. And the leading headline states that the local leaders senator unite to fight predatory lending. And they have joined with Senator Paul Sarbanes, Chairman of the Senate Banking House and Urban Affairs Committee. They had a press conference on May 1st to talk about legislation that Senator Sarbanes has introduced to deal with the whole issue of predatory lending. And I notice in the story that in the legislation it does require counseling and other disclosures that we had included in our bill here in City Council. So I again say to my colleagues, thank you for your noble action on the local predatory lending bill and need is national legislation because predatory lending is moving in every city throughout this country. And while states and cities have taken leadership from our legislation here in Philadelphia and passed bills -- and I notice that New Jersey just passed an anti-predatory lending bill led by my friend Donald Tucker who is a Speaker in New Jersey. Hopefully, Pennsylvania will come around with our new Governor. But we certainly hope that this national legislation is passed, then everybody will be covered throughout the country. Thank you very much.
Thank you. The Chair recognizes Councilman Mariano.
Thank you, Madam President. Just to follow up on Councilman Ortiz's comments on the School Reform Commission. Yesterday a few of us went to the School Reform Commission. Councilman Ortiz was out there early leading the rally and Councilman Rizzo and Councilwoman Blackwell and I went in and the three of us had a chance to speak. It was an interesting experience for me, not having such a stellar career in school. I tried to get in and get out, as usually, much like high school career without being noticed, without getting in trouble and without getting any accolades. But I told the lady in the back, I said, "Look, there's three councilpeople here" -- they were very nice and we got to speak. But I got to tell you, it was almost as exciting as being in a principal's office being 13 years old in junior high school or 14 year old in high school because they were nice to us but I felt that they weren't listening. And they may be the nicest people in the world and they may not be, and it's beyond Personality. My message to them and the other Councilpeople was we feel that we are not getting the information, good, bad, or indifferent, they're not telling us anything to tell our constituency. And I tried to explain to them until the light came on and said your time is up and I just ignored that and just kept speaking that my district is a very unique district, much like all the Council districts. The long and short of it is, there's an avenue called Erie Avenue. On the one side of the Erie Avenue in my district just below Juniata Park miraculously all the schools they have trouble with it. But above Erie Avenue, they never schools above Erie Avenue. At least that's what they're telling us. But all the schools that have African-Americans, Latinos, Julio DeBurgos which is a school that's had national acclaim because of the way they teach bilingually. They actually bring you in, teach you algebra in Spanish, then the next half teach you algebra in English. It's just an amazing thing. The Spanish students were teaching the Anglo teachers Spanish while he was teaching them algebra. So that's going to be reconstituted. All the schools, Ludlow, Julio DeBurgos, all those schools are on the radar chart for the School Reform Committee. But nothing a block up from Erie Avenue is on the committee. We have no voice in that Committee. And may be a Johnny-Come-Lately to this thing, but as the summer progresses on, in June we're out of here. In July and August it's going to be awful hot in the streets of the City of Philadelphia. Come September when this train wreck ends, we're going to be standing on the sidelines. So if they don't respond to the Council President's letter and don't respond to three or four Councilmen coming down there, I'm open for suggestions. I don't know what's next. Maybe a City of Philadelphia. Maybe if all the parents and all the students walk out of school one day at one time. Maybe something like that because they were very nice, but I just had a feeling they have a job to do and their job is to bring the School District where they think it's going to be regardless of what experiments or what they're going to cause to the future of our city and our state and our nation. It's a for-profit thing, and they're thinking about saving money. So at all cost, they're going to save money. So when it comes down to the end of the solution, which is saving money, they're not going to worry about some child with special needs, they're not going to worry about some child with English as a second language. That's the kind of thing that we as a body need to speak up. And I'd like to thank Councilman Cohen and Councilman Ortiz for doing the yeoman's task on this thing because I've been to three or four meetings with Councilman Ortiz and Tim Kearny from Dave Cohen's office, and it's pretty hard.
You, now, there's 20 parents showing up at one meeting, the next meeting 150 parents. And we're trying to it's convenient for people to come. But if you're a single mother living at 8th and Master and you have to watch your children, you can't go down to the School Board at 1 o'clock on a weekday. So I'd like thank everyone for their contribution, especially the Councilman's. Thank you.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning we would also like to note that Ms. Tony Nash (ph) is here. Many of you know her from TV, radio, and media events. She's here. We would ask her to stand up. (Applause.)
And we would also note the presence of Ms. Carol Williams Green, who is in fact is the creator of the Environmental Center and the moving force behind it that keeps it going and that does all the great things to make it absolutely one of the greatest facilities in our City. Thank you. And as you know, she is the mother of State Senator of Anthony Williams. Thank (Applause.)
I'd like to thank Councilwoman Blackwell because the funds that were available came through Councilwoman Blackwell. We receive State and City funds and limited funds from the William Penn foundation. But without her this facility would not exist. And Councilman Cohen, Councilman Longstreth you may not remember me, but years ago I served on Philadelphia PECO Advisory Council. And at that time you were trying to create an understanding about alternative energy. Councilman Cohen, I hope that in the future you and the City Council will address the environmental issues by bringing young people into your facility to have a debate because I think today our young people heard some very interesting issues about that concern for the environment. And thank you, Councilman, for your speech about the School District. Thank you. (Applause.)
Thank you, Madam President. Madam President, I think it's appropriate to wish all the mothers on City Council a happy Mother's Day, and all mothers. Thank you. (Applause.)
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I'd just like City Councilmembers to know that I have been in constant contact with the SRC and have requested a briefing time and time again, and I'm still waiting to hear because I do agree with all my colleagues that they are not -there is definitely a communication problem between the SRC and City Councilmembers. So I'm waiting to get a response. Mr. Nevels was out of town last week. I made a couple phone calls, and soon as I hear something, I'll let you know. And if not, maybe we do need to take some aggressive action. Thank you.
Thank you. Does anyone else want to be recognized? Seeing none, the Chair recognizes motion to adjourn.
Thank you, Madam President. I move that Council stand adjourned until Thursday, May 16 at 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, May 16th at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it. Council stands adjourned until Thursday, May 16th. Thank you. (Council adjourned at 11:30 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 May 9, 2002, 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