COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, February 5, 2009 10:15 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO MICHAEL DECKER, THE 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, everyone. I note that the hour has come and that a quorum of this Council is present. I would ask all members to please take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Reverend Warren Marshall of the North Penn Baptist Church. He is here today as the guest of Councilman Clarke. I would ask all members and guests to please rise. (Members and guests rise.)
Let us bow our heads in prayer. Eternal God, our Father, once more you have allowed us to gather together to face the myriad problems, oh, God, with which this city is confronted. But, Lord, you have called a special people represented by this body for such Enable us not to focus on the problems, but to focus on the solution to the problems, to the end that we recognize that although we have been called by a constituency, there is also a higher hand and a higher mind that is a part of all that is to take place. Help us to humble ourselves this morning as we continue, Lord, to work out that which needs to be worked out and to attempt to fix that which needs to be fixed. All good and perfect gifts come from thee, and we recognize, oh, Lord, that this body is a part of that gift that comes from thee. Enable each to be utilized, Father, to be guided by thy mind. Help us not to lean not to our own understanding, but in all our ways to acknowledge thee and recognize that thou shall direct our paths. And we will be careful to give thy name the glory, honor and praise as evidenced, oh, Lord, by the policies that are an extension of this body that will bring thy name, solution to the problems and comfort to the people of the City of Philadelphia. For we ask this all in that name that is above every name, Jesus the Christ, we pray. Amen. (Amen.)
The Chair thanks Reverend Marshall for his invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, January 29, 2009, and the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, January 29, 2009 stand approved. (Duly seconded.)
It properly seconded that the Journal of the meeting of Thursday, January 29, 2009 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the Journal is approved. The next order of business is requests for leave of absence, and, again, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. On behalf of the majority, there are no requests for leave of absence today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Rizzo.
Madam President, I have not heard if there's any request for leave of absence at this point.
Thank you. 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 Tasco, who will present a citation on behalf of City Council honoring Karen Malina White. Will Mrs. White and those accompanying her please join the Councilwoman at the podium.
Good morning. I am pleased on behalf of the to present this City Council, City of Philadelphia citation honoring and congratulating Karen Malina White. The Council of the City of Philadelphia is pleased and proud to honor and congratulate Karen Malina White on her return to her hometown of Philadelphia in the starring role of "Tina" in the hit stage play Je'Caryous Johnson's Love Overboard, now playing at Philadelphia's Merriam Theatre on February 3rd to the 8th, 2009. Whereas, Karen Malina White, an alum of the Philadelphia High School of the Creative and Performing Arts and graduate of Howard University, was born and raised in Philadelphia at 21st and Tasker, has become a successful Hollywood actress and one of the City's distinguished daughters; and Whereas, Karen brings her stable comedic energy and undeniable presence and personality to Philadelphia "Love Overboard" and continues to provide the finest that the world of comedy, drama and acting offers to thousands in the City of Philadelphia and thousands more across the country through her varied roles; and Whereas, fans across the country initially fell in love with Karen as the impressionable, yet charming teenager on the hit movie "Lean On Me" with Academy-award winner Morgan Freeman. The Philadelphia native would continue to make an impact in homes across America for the next 20 years; and Whereas, Karen's achievements as an actress has put her center stage in some of TV's most beloved and critically acclaimed series, including the long-running hit sitcom "The Cosby Show" with Bill Cosby, the "Fresh Prince of Bel-Air," opposite fellow Philly native son Will Smith, "A Different World," "Malcolm and Eddie" and the animated series "The Proud Family," just to name a few; and Whereas, Karen's critically acclaimed roles as Charmaine, Kaneesha and Dijonay Jones has made her a household name in millions of homes across the country. The people and the City of Philadelphia continue to be at the center of her success and mission as an actress; and Whereas, Karen continues to strive for excellence in acting through her NAACP theatre awards, honors and philanthropic work across various mediums in the entertainment industry and through her participation in numerous civic and social organizations across the globe. Therefore, by virtue of this citation, the Council of the City of Philadelphia hereby honors and congratulates Karen Malina White as a distinguished, critically acclaimed actress. We wish her continued success and hope that her accomplishments and accolades as an actress continues to sing City of Philadelphia as she continues to represent her hometown with grace and dignity through her roles. We extend the sincere respect and admiration of this legislative body. It is signed by President of City Council, Anna Verna, and supported by all members of City Council. We congratulate you and thank you so much. Thank you. (Applause.)
Thank you very much. I just want to say it is such a pleasure to be a Philadelphia native, and I'm very honored to receive this citation this morning. Thank you so very, very much. (Applause.)
The Brown, who will present a resolution honoring the African American Children's Book Project. Will Mrs. Vanesse Lloyd-Sgambati and those accompanying her please join the Councilwoman at the podium.
Thank you, Madam President. To my colleagues, you should know that I have enormous admiration and respect for those among us who have both the discipline and the stick-to-itiveness to take word and pros and then reduce it to writing that may inspire, motivate or inform us. And so today again, a year later, we lift up and celebrate another Philadelphia native who indeed has the gift of writing books, and in particular children's books. So I have the enormous pleasure of honoring again the African American Children's Book Project on the occasion American Children's Book Fair. Whereas, the African American Children's Book Fair is one of the largest and oldest in the nation and has enhanced multiculturalism in our city utilizing the joy of reading as a tool; and Whereas, the importance of book fairs cannot be underestimated for many of our young people who use reading to better know the world around them and use books to help develop into well-educated, informed adults; and Whereas, one of the most important reasons to encourage reading in our children is that studies show that the more our young people read, the more likely they are to make positive life-style decisions as they grow older; and
Whereas, strictly judging by attendance, the event is a tremendous success, as well over 4,500 attended the fair in 2008; and Whereas, rich or poor, no one leaves empty-handed, as posters, book markers and raffle books are distributed free of charge to attendees; and Whereas, the books themselves are priced at a level where they are more affordable than in many bookstores in the region; and Whereas, many of the authors and illustrators will be in attendance, as well as local celebrities to further enhance the excitement and vibrance that the book fair exudes; and
Whereas, one of the esteemed individuals in attendance will be the New York Times best selling author Omar Tyree, a Philadelphia native, tireless creator of various creations who has become one of the world's most recognized authors, promotors and entrepreneurs. He was the recipient in 2001 of the NAACP Image Award for Outstanding Literature in Fiction, and in 2006, he earned the Phyllis Wheatley Literary Award for Body of Work in Urban Fiction; and Whereas, Tyree's work extends now as a passionate speaker on various community-related and intellectual topics that can be realized through his non-profit organization, The Urban Literacy Project, an agency to promote to literacy skills among disadvantaged youth and adults and through his first book for children and his young readers, "12 Brown Boys"; and Whereas, the 17th Annual African American Book Fair will be held free of charge Saturday, February 7th from 1:00 until 3:00 at the gymnasium of the Community College of Philadelphia located at 17th and Spring Garden Streets. Now, therefore, be it
Resolved, by the Council of the City of Philadelphia, that we hereby honor the Project conceived and founded by Vanesse Lloyd-Sgambati -- it is a wonderful, wonderful event -- on the occasion of the Annual African American Children's Book Fair. Further resolved, that an engrossed copy of this resolution be presented to our guest, the founder of the African American Children's Book Project, Vanesse J. Lloyd-Sgambati, and Omar Tyree for his hard work and effort in the promotion of children's literacy, as evidence of the sincere sentiments of this legislative body. Introduced by Blondell Reynolds Brown and proudly sponsored and supported by all members of the Philadelphia City Council. (Applause.)
Thank you. I call Councilwoman Blondell Reynolds Brown the literary Councilperson, Councilwoman Jannie Blackwell, who has a lot of educational activities here in the City, and my Councilperson, Curtis Jones. This past week I got a number of calls from people around -- my colleagues around the nation asking me what is going on in Philadelphia. You see, the illiteracy rate in this city is 22 percent. That's almost a quarter of the population of the City. My response to them was, Come to Philadelphia first Saturday in February. There's a line wrapped around the corner of parents, caregivers, educators who are responding to my call, Preserve a legacy, read a book. So with that thought in mind, I hope that you will avail yourself this weekend to come out, meet your constituents, because people come from all over the City, all over the nation, and meet 20 of the most gifted authors and illustrators and find out for yourself what we can do in this community of the illiteracy. Twenty-two percent, a quarter of the population. Thank you. (Applause.)
Wherever you find people who cannot read, you find impoverished people, and so for the last 17 years of my life, I've been trying to instill the intellectual welfare and cultural welfare of people who are impoverished who cannot read. So that's a very important skill that we want to push continually. And so I started The Urban Literacy Project to do that amongst the 50 states and countless cities of America, particularly with this first children's book dealing with urban brown boys. They may not be Harry Potter, but they are a part of this literate world, and so we must create more vehicles for these individuals to learn how to read. I don't care how much technology we have or how many computers don't have the fundamental skills of being able to read those computers and read what you put on them, then you will become an impoverished people. Philadelphia right now is in trouble economically. The entire nation is in trouble economically, and if you continue to have individuals who cannot read and cannot advance themselves intellectually, then you will stay impoverished. So Omar Tyree is here as a Central graduate and as an individual who has always been a strong community member out of a strong, fighting city to continue to fight for literacy amongst all the individuals who need it. Thank you very much for this award. Vanesse Sgambati has been a hard-working individual with the public school system and with the Philadelphia region and a lot of literary events, and I thank her for inviting me here and I giving me this citation as a reward. Remember the name Omar Tyree. I need as much help as I can get. Thank you very much. (Applause.)
Thank you, Madam President. I would like to welcome all of the folks from PHA, Asia Coney, and Tenant Support Services, Inc., TSSI, all of those who are tenants, those who work there, leaders of community groups and just all of our friends at PHA. As you know, I serve as the Commissioner on that Board. It's the proudest Board where I serve and I love it very, very much, and it's an exciting place. So representing the 80,000 people there, we say welcome to them this
If they would stand, we would like to say welcome. (Applause.)
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages 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 February 4, 2009, I signed all of the bills that were passed by Council at its session on January 22, 2009, except Bill No. 080881; and I am transmitting herewith for the consideration of your honorable body a resolution approving the Commerce Director's application for a grant from the Pennsylvania Department of for the Delaware and Allegheny Greenway Project; and An ordinance authorizing transfers in appropriations for Fiscal Year 2009 within the General Fund; and An ordinance authorizing transfers in appropriations for Fiscal Year 2009 within the Water Fund; and An ordinance authorizing transfers in appropriations for Fiscal Year 2009 within the Grants Revenue Fund; and An ordinance authorizing transfers in appropriations for Fiscal Year 2009 within the Aviation Fund; and An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 63 by relocating the northerly house line and curb line of Harmer Street; and An ordinance authorizing the paving of Keely Street from Henry Avenue southwestwardly to a cul-de-sac turnaround, all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. I would ask the Clerk to please read any other communications in his possession.
Thank you. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilman Kenney.
Thank you, Madam President. I'd offer one bill, and in the interest of Commonwealth collegiality and good sportsmanship, I offer one resolution.
Thank you. The Clerk will please read the title of the bill.
An ordinance enacting a new Chapter 9-3100 of The Philadelphia Code, entitled "Food Service Waste Reduction Ordinance," to prohibit the use of disposable food service ware that contains polystyrene foam and to require the use of biodegradable/compostable or recyclable disposable food service ware.
The bill will be referred to the appropriate committee.
And a resolution congratulating the Pittsburgh Steelers for winning the Super Bowl XLIII.
Madam President, in hopes of receiving one returning from Pittsburgh to Philadelphia next year, I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Black -- Councilwoman Krajewski.
That's all right. It took me six months to pronounce it. Madam President, I have five bills and one resolution.
Thank you. The Clerk will please read the title of the first bill.
An ordinance authorizing transfers in appropriations for Fiscal Year 2009 within the General Fund.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2009 within the Grants Revenue Fund.
This bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2009 within the Water Fund.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2009 within the Aviation Fund.
The bill will be referred to the appropriate committee.
And an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Roosevelt Boulevard, Grant Avenue, Blue Grass Road and a Railroad Right-of-Way.
The bill will be referred to the appropriate committee.
And a resolution approving the Commerce Director's application for a grant from the Pennsylvania Department of Conservation and Natural Resources for the Delaware and Allegheny Greenway Project.
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 Councilwoman Tasco.
Thank you. The Clerk will please read the title of the first resolution.
A resolution recognizing February 15th through the 21st as the 10th Anniversary of the Black Family Technology Awareness Week.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution urging President Obama to develop an advisory group for the proposed White House Office of Urban Policy.
Madam President, I move for the adoption and I'd like to speak on the motion. (Duly seconded.)
I'd just like to say that this is a national movement by some of the members of the National League of Cities, and this resolution has been passed in other cities throughout the country to engage the White House in using representatives from cities who know what's going on in the cities, what the issues are in cities. It would be an urban advisory group, and we certainly hope that he would take this into consideration as he moves forward. Thank you very much.
You're welcome. It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution recognizing and honoring the 2008 Northwest Philadelphia Wildcats on winning the Pop Warner Football 160-pound Midget Team National Championship.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Good morning and thank you, Madam President. Today I have two resolutions.
Thank you. The Clerk will please read the title of the first resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, deeds conveying conditional fee simple title to certain buildings and tracts of ground and pieces of ground in the 13th Ward of the City of Philadelphia.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution proclaiming February 2009 as "American Heart Month" and proclaiming February 5, 2009 as "Wear Red Day in the City of Philadelphia."
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Green.
The Chair thanks the gentleman. The Chair recognizes Councilman Jones.
Thank you. The Clerk will please read the title of the first bill.
An ordinance authorizing the paving of Keely Street from Henry Avenue southwestwardly to a cul-de-sac turnaround.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-1600, entitled "Miscellaneous," by adopting a new Section, entitled "Overbrook Farms Transit-Oriented Center Special District Controls."
This bill will be referred to the appropriate committee.
And an ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-1600, entitled "Miscellaneous," by adopting a new Section, entitled "City Avenue Regional Center and City Avenue Village Center Special District Controls."
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer one resolution this morning.
Thank you. The Clerk will please read the title.
A resolution urging the members of the United States Congress and the Obama Administration to implement the Fostering Connections to Success and Increasing Adoptions Act in support of kinship care.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer three bills that are co-sponsored by my colleague Councilman Kenney.
Thank you. The Clerk will please read the title of the first bill.
An ordinance amending Section 19-2100 of The Philadelphia Code, entitled "Petroleum Processing Tax," by making the tax on the privilege of processing petroleum effective again, beginning July 1, 2009, and increasing the rate of the tax.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 9-600 of The Philadelphia Code, entitled "Service and Other Businesses," by adding a new Section 9-614, entitled "Mandatory Use of Recyclable and Compostable Checkout Bags."
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 9-600 of The Philadelphia Code, entitled "Service and Other Businesses," by adding a new Section 9-614, entitled "Advanced Recovery Fee (Green Fee) for disposable shopping bags."
The bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
Thank you. The Clerk will please read the title of the bill.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 63 by relocating the northerly house line and curb line of Harmer Street.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you very much. Council will now proceed under special order of business, a resolution re-calling Bill No. 080881. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I offer one resolution, and because this resolution was not circulated yesterday, I move that the rules of Council be suspended so as to permit consideration of the resolution at this time. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit consideration of Councilman Clarke's resolution at this time. All in favor will say aye. (Aye.)
The ayes have it and the motion is approved. Clerk will please read the title of the resolution.
A resolution requesting the Mayor to return to Council Bill No. 080881, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Spring Garden Street, Broad Street, Buttonwood Street and 15th Street," for the purpose of reconsideration by the Council.
All in favor will indicate by saying aye. (Aye.)
The have it and the resolution has passed. The Clerk will please read the letter from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am returning herewith, as requested by your resolution adopted February 5, 2009, Bill No. 080881, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Spring Garden Street, Broad Street, Buttonwood and 15th Street," for the purpose of reconsideration by the Council.
The Chair recognizes Councilman Clarke for a motion that Council reconsider the vote by which Bill No. 080881 was passed.
So moved, Madam President. (Duly seconded.) 2/5/09 - STATED - 1ST READING
The ayes have it. A majority of all members having voted in the affirmative, the motion carries and the vote by which Bill No. 080881 was passed has been reconsidered. Bill No. 080881 will be placed on the Second Reading and Final Passage Calendar for our next session of Council. The next order of business is the consideration of the Calendar. The Clerk will please read the bills on the First Reading Calendar.
Bill No. 080945, entitled "An ordinance amending Chapter 12-2400 of The Philadelphia Code, entitled 'Towing and Immobilizing of Parked or Abandoned Vehicles,' by 2/5/09 - STATED - 2ND READING changing the fees for damage to vehicle booting devices, all under certain terms and conditions."
The Chair agrees. That completes our First Reading Calendar for today. The Chair now recognizes Councilwoman Tasco for the purpose of calling up bills on the Second Reading and Final Passage Calendar.
Thank you Madam President. Bill Nos. 080879, 080931, 080946, 080948 and 080950 are being called up for the Second Reading and Final Passage Calendar today. Bill No. 080209 is being called up for the purpose of withdrawal. All other bills are being held.
Thank you. The Clerk will please read the title of Bill No. 080209.
An ordinance 2/5/09 - STATED - 2ND READING authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to transfer to the Philadelphia Authority for Industrial Development, for nominal consideration, some or all of the City's interest in certain parcels of land, with the buildings and improvements thereon, located in an area bounded by North Front Street, Wildey Street, Leopard Street and Richmond Street.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move that this bill be withdrawn. (Duly seconded.)
The 2/5/09 - STATED - 2ND READING ayes have it and Bill No. 080209 has been withdrawn. I would ask the Clerk to please read the title of Bill No. 080879.
An ordinance authorizing the Department of Public Property to enter into a franchise agreement with Verizon Pennsylvania, Inc., pursuant to which Verizon shall have the right to operate and maintain a cable television service within the City of Philadelphia.
Thank you, Madam President. Madam President, first I'd like to say -- I want to thank all of the members of the Committee on Public Property and Public Works and all of the members of Council, including yourself obviously, for bringing up significant issues relating to this franchise agreement. And I would like to say that 2/5/09 - STATED - 2ND READING this is not a perfect bill. There still needs to be some work to be done, but I would like to say as a result of the involvement of this body, it is a much better bill. I understand that there are some outstanding issues, and I do know and believe that the Mayor is committed to working with our friends from Public Access to ensure that that facility gets up and running and operational in a meaningful way. I know that there are some issues with respect to -- I don't want to specify the contractor, but a contractor that is interested in participating and has participated so far quite admirably in cable installation in the City of Philadelphia, and we look forward to making sure that that opportunity is expanded, assuming that this particular franchise agreement is adopted, and we provide additional opportunities. For the record, I wanted to 2/5/09 - STATED - 2ND READING make sure that every member of the Council got a copy of a letter that was from Verizon. This letter references the summary of the EOP plan. It was as a result of a meeting yesterday where several participants from all of the interested entities, particularly the chambers, both the African American, the Hispanic and the Asian community, who played an integral role in finalizing this understanding. And I would like to say that I would like to thank the Mayor's Office, particularly the Mayor's Office and OEO, formerly known as MBEC, and Mike Bell and Michelle Flamer, who played an integral role in crafting this document. So while I understand that there still needs to be work done, I just would like to commend everybody for participating in making sure that we have a much stronger opportunity for all individuals in the City of Philadelphia to take advantage of this extremely 2/5/09 - STATED - 2ND READING lucrative opportunity. So thank you.
Thank you. The Chair recognizes Councilman Green.
Thank you, Madam President. I want to echo the comments of Councilman Clarke and thank him for his leadership on this issue. This bill is much better in large part due to his efforts and many hours of negotiating on behalf of the interests of the people in City Council. We all want cable competition in Philadelphia. The Charter requires the approval of Council of any contract over one year. That is why we were able to have a say in this issue. The Charter does not expect us to be rubber stamps. Our job is to review the agreements that are proposed by the Administration and make them better, if we can. I believe this body has made this agreement better. I also understand -- there's a 2/5/09 - STATED - 2ND READING lesson that can be learned from this unnecessarily drawn-out process, and I also understand that the Mayor's word to the business community needs to be good. When he makes an agreement, when he says this is what we'll do, the business community needs to know that the Mayor is speaking with some authority and has the ability to deliver on that. It's important for the City of Philadelphia. However, I do think that that means that City Council should be consulted in advance where our vote of approval is required by the Charter. As I said, I think this bill is better. It is not as strong as we would like it to be, but it's better than where we started with respect to minority inclusion and other matters. And as I said on the Council floor two weeks ago, we must work together to solve the City's problems rather than work at separate purposes. I'm very pleased that the Mayor 2/5/09 - STATED - 2ND READING and the Public Access Corporation were able to work out an agreement of assistance to the Public Access Corporation from the Mayor and potentially Verizon without the need to amend the bill. As I have said, I'm willing to work with the Administration and anyone else to improve life for citizens of the City of Philadelphia. I want to thank the Administration in advance for their work to assure Public Access has the resources that it needs on this basis; that is, that an EO plan is in existence and Public Access will have the resources it needs. I support this bill and thank the Mayor for providing us with cable competition. Thank you, Madam President.
You're welcome. The Chair recognizes Councilman O'Neill.
Yes, Madam 2/5/09 - STATED - 2ND READING President. I'd be remiss if I didn't mention that this bill is much better for the people in Northeast Philadelphia. Councilwoman Joan Krajewski and myself, working early on with Councilman Clarke, that map has changed dramatically towards a balance that reflects fairness throughout the City, and we know we have Councilman Clarke directly to thank for that leadership. Thank you.
You're welcome. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. I too want to thank Councilman Clarke for his leadership in this bill. I want to acknowledge Verizon's willingness to sit down with folks and talk around some of these issues. And while this is not a perfect bill and we all understand that this sets a framework for the next 2/5/09 - STATED - 2ND READING discussions in the future, I do hope that what we learned is that the importance of a process and for people and stakeholders to have an input when we're engaging in public contracts that potentially can impact consumers. I want to thank the Public Access Board and Louie Massiah and members of the Board for their willingness to work with the Mayor on this important matter and to ensure that, as Councilman Green alluded to, that when the Mayor contracts and enters into negotiations with the private corporate sector, that his word is meaningful and that we respect the will of the Mayor. At the same time, I want to acknowledge that when we have more input, I think we make more informed resolutions where there is conflict. I think debate is healthy. I think it should continue. I think it's part of our democratic process, and I think that this Council has demonstrated its willingness to work 2/5/09 - STATED - 2ND READING with the Mayor on issues that have been important to him. So I want to thank Councilman Green and Councilman Clarke, the chambers and all of the folks who have participated in this process and have made us a better Council and have made this contract better. It is not perfect, but it is better and I think it is respectful of the consumers and the citizens of the City of Philadelphia. Thank you.
You're welcome. The Chair recognizes Councilman Kenney.
Thank you, Madam President. Just very quickly, I think we may be losing sight of one of the major factors in this historic vote once we complete it today. We are actually bringing cable competition and Broadband competition to all the citizens of this city, who have been clamoring for 2/5/09 - STATED - 2ND READING it now for quite some time. So while we talk about the bill not being perfect and some work to do and all those other things, which is very fine, people in the City will have a competitor now to go to relative to their cable service. And that's what I've been hearing from the vast majority of people throughout this city, is they want competition, and we're finally going to give it to them. Thank you.
You're welcome. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I just have to kind of give a little history here. It seems like that it appears that we were given a piece of legislation and told to rubber stamp it. The process for the City Council is to have a public hearing on a piece of legislation that comes before us. It is our responsibility to take the 2/5/09 - STATED - 2ND READING time to review that legislation or the contract. It is also an opportunity for the public to come before the Council to make their concerns known about the legislation. We in the past have had legislation that we've taken months to do based on issues that we have raised with prior administrations over what they have sent us and have made major changes. I know we sat here until 2 o'clock in the morning to approve the contract with the Marriott over the Convention Center. It was not a rubber stamp. We went through the contract with a fine-tooth comb. I was part -- I was new here, and it was a real rewarding experience for that process. It seems that -- I just want to reiterate to our new members that there is a process. The process is the public process here in City Council. Those individuals who are interested in the legislation can come in and talk. You 2/5/09 - STATED - 2ND READING let them talk as long as they like. All at the end of the day what you need are nine votes to get your issue passed. That's the bottom line. Now, the other thing, when we first did cable back in the '80s, I mean, it took months, months, months before we awarded the contract. So I don't want the public to leave here thinking that the Administration will send us something. The contracts are given to the Clerk's Office. You have every right -- everybody can go in and read the contract, see what's in the contract. If you don't like something in the contract, you can make a recommendation to change it, and then that's where the bargaining begins. So we're not here to rubber stamp. We are here to have an inclusive discussion about legislation that comes before this body. I encourage people, when you find out that something is coming down -- because we are not going 2/5/09 - STATED - 2ND READING to negotiate a contract with the Administration. That doesn't -- that is not how it works. They do the contract, and then we decide that we may want to be with them or we don't want to be with them. That's the process, and I hope that we all understand how it works. Thank you.
Thank you, Madam President. In an effort not to create separation, anxiety from my freshmen colleagues, I'd like to applaud the veteran leadership of Councilman Clarke in this matter. Whether your interest was public access, whether your interest was how the infrastructure was going to be built out in the respective districts, whether your interest was minority participation both in the 2/5/09 - STATED - 2ND READING workforce or in the contracting aspect of this one-billion-dollar investment, Councilman Clarke showed a great deal of leadership and veteran leadership in keeping us on a course that in a recession, in a recession, that we were going to retain jobs, that we were going to have a choice and that we were going to have Verizon as a good citizen in the City of Philadelphia. So I concur that this was veteran leadership. He didn't lose his head. He made sure everyone's interest was heard, and I'd like to applaud him publicly and put on the record to memorialize his leadership.
You're welcome. The Chair recognizes Councilwoman Miller.
Thank 2/5/09 - STATED - 2ND READING you, Madam President. I'd like to also go on record as to thank Councilman Clarke for his leadership. This was not easy. I mean, there were lots of interests. We have people here supporting one of the minority companies. I've seen minority companies show up at every hearing. And so working on the EOP, it may not be the best, but it's very good compared to what it was, the issues such as build-out. Everywhere I go, I see people that say to me, Please vote for Verizon, because they want competition. And I let them know, Council is interested in voting for Verizon. However, there are other issues such as build-out, equal opportunity, public access, employment opportunities that we have to consider before we do final votes. So it's finally come to a point where we're going to do a vote today. I did have issues around build-out. I thought I was going to introduce an 2/5/09 - STATED - 2ND READING amendment today, but I did meet with Verizon this morning for a short period right before Council and talked to Councilman Clarke last night. So we've been working on this a lot, and I'm ready to vote for the bill now, and look forward to working with the Department of Public Property and Verizon in the future and our new office with Mike Bell. I think it's Opportunity -- whatever it's called, OEO, so we can just get on and help the people here in Philly fulfill their dream of being able to have competition here in Philadelphia for cable. Thank you.
Thank you. The Chair recognizes Councilman Clarke.
I'm sorry. Another one of my veteran colleagues was giving some advice. Madam President, I just want to 2/5/09 - STATED - 2ND READING say one thing, something I don't normally do. I would just like to thank my staff person, William Carter, my staff attorney. He was really behind the scenes cajoling me, elevating both his and my conversation to the point where we were quite stressful. I just want to personally thank him for doing the great work on this job. (Applause.)
As you can see, Madam President, he's blushing. But thank you all again. Thank you, Madam President.
Thank you. 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 zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 080931. (Applause.)
An ordinance amending Chapter 12-3000 of The Philadelphia Code, entitled "Use of an 2/5/09 - STATED - 2ND READING Automated Red Light Enforcement System to Prevent Red Light Violations," by authorizing the installation of red light enforcement systems at certain additional locations.
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 zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 080946.
An ordinance amending Title 12 of The Philadelphia Code, entitled "Traffic Code," to establish towing zone locations and hours in the University City area.
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 zero. A majority of all members having voted in the affirmative, the bill passes. The Clerk will please read the title of Bill No. 080948.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 231 by changing the grades of 2/5/09 - STATED - 2ND READING Cross Street from Gates Street to Hermitage Street and Gates Street from Silverwood Street to Cross 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 zero. A majority of all members having voted in the affirmative, the bill passes. The last bill to be called for consideration is Bill No. 080950.
An ordinance authorizing the paving of Cross Street from Gates Street to Hermitage Street and Gates Street from Silverwood Street to Cross 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 zero. A majority of all members having voted in the affirmative, the bill passes. That completes our Calendar for today. I have a very important announcement to make. It's my understanding that Councilman Brian O'Neill became a grand-pop for the first time last night. (Applause.)
His daughter, Megan, gave birth to a little boy at 6 o'clock last night in California. Brian, congratulations.
Are there any speeches on the part of the minority? (No response.)
I see there are speeches on the part of the majority. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. And I will be brief. I do have an announcement and then brief remarks. I would like to first remind invitation offered by Ms. Ramona Riscoe Benson and myself inviting all of us to the African American Museum of Philadelphia on Thursday, February 19th wherein we will have an opportunity to look at the Audacious Freedom: African Americans in Philadelphia, 1776 to 1876 exhibit. So I would ask my colleagues to please put that on your schedule and seek, if you can, to join us on February 19th. Secondly, Madam President, we, the members of this body, live in a world often where people will listen to what we say, but they will always believe what we do. I would like to go on the record to offer my full support to citizen Sandra Dungee Glenn with hopes that she can continue in her role as Chairwoman of the Philadelphia School Reform Commission and retained purely for what she has done. What are the facts? Under her leadership, test scores in our city have gone up, teaching vacancies have declined, and academic and contractual inclusion is now the norm. Because of her leadership, now all Philadelphia School District students are required to take an African American history course as part of the curriculum. And so my hope is that with these tangible, solid facts and results, our Mayor will look favorably upon the notion to retain Ms. Sandra Dungee Glenn as our School Reform Commissioner. I will close by adding that under her leadership, the members of the School Reform Commission did a vast search and hired Dr. Arlene Ackerman, a no-nonsense, in-the-trench leader who is tackling the multiple challenges facing that $2.3 billion organization. So given these, it is my hope that our Mayor, as he deliberates on this important appointment, that he will indeed consider retaining Sandra Dungee Glenn specifically as the School Reform Commission Chairwoman. you, Madam President.
Thank you. The Chair recognizes Councilman Jones.
Thank you, Madam President. I'd too like to join my colleague Blondell Reynolds Brown in urging our Mayor to swiftly make a decision and support the reappointment of Sandra Dungee Glen. Other than the fact that she is a public school graduate, other than the fact that she's navigated deficits and is moving us towards a green curriculum in high schools and in middle schools, she has the kind of temperament to get along with a diverse group of people and manage through a number of difficult situations. In this time when our young people are at a 50 percent dropout rate and we have made improvements upon that sad statistic under her leadership, we want to keep moving in the right direction. colleague Jerry Mondesire of the NAACP in urging our Mayor to keep her and reappoint her. Thank you.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Everyone will see on their desk flyers that say "Climb Aboard." This is the Montel Williams bus that has been advertised for months, and we've used it many times. The Partnership for Prescription Assistance allows people of low income to get about three months' free prescriptions. Now, we will have between Councilman Jones' office and mine, there's a table there every Thursday from 10:00 to 1:00 with literature and information, and we invite -- Councilman Greenlee is already taking advantage of the opportunity. If anyone will call me, to have this bus come, all you have to do is give the location and they will come at the prescribed number of hours, and you can invite your constituents who may need help to come out and sign up for free prescription assistance. So I'm happy to offer this, certainly share this information with everyone, and feel free to let me know if we can be of help to you and your constituents. Thank you very much.
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I'd like to just make an announcement that on this past Saturday in the Pennsylvania State Committee, Councilwoman Marian Tasco was elected to the Democratic National Committee, the DNC, as the Philadelphia rep, and she's actually filling the vacancy of our former colleague, Carol Campbell. (Applause. )
Thank you very much. Thank you to everyone for that recognition. I'd just like to piggyback on the comments made by Councilwoman Brown and Councilman Jones regarding our representative Chair of the SRC, Sandra Dungee Glenn. She is a quiet force, very inclusive person and has done an awful lot. She loves children and she loves education. I think she's done a very good job, and I don't see us changing horses in midstream at this point. I too support her reappointment and also reappointment as Chair. I think that is community that has a large population of minority students, and she has done very well by that position. So I support her.
Thank you. Are there any other speeches? (No response.)
Seeing no one's light on, the Chair recognizes Councilman Clarke for a motion to adjourn.
Thank you, Madam President. I move that Council stand adjourned until Thursday, February the 12th, 2009, 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, February 12th at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Thank you. (Stated Meeting adjourned at 11:20 a.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on February 5, 2009, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)