COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, April 6, 2006 10:20 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670
Good morning. I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes a very dear friend and someone who is certainly no stranger to any of us, and I speak of Elder Robert J. Johnson of New Hope -New Life, I'm sorry, Temple Church of the Greater Highway Churches of Christ. He is here today as the guest of Councilman Rizzo. I would ask all members and guests to please rise. (Everyone rises.) ELDER JOHNSON: Thank you, Madam President. It is good to be back in City Council again. Please allow me, if you will, to thank every member of their support you gave me over the years as an administrator of this body. I especially thank Councilman Rizzo for inviting me to deliver the invocation for this session. I am honored to do so. With that being said, let us pray. Our heavenly Father, we come at this hour asking your blessings and presence on our time together this day. Bless all members of this legislative body and their staff. This body has come to discuss and express the concerns and welfare of our community. We come to learn from each other. We grow in spirit and in character and to find your will for our lives and neighborhoods. We thank you for the opportunity to assemble at the appointed time and place to discuss the concerns of this community. Grant this body the wisdom to carry out decisions within your them as they continue to conduct this business with dignity and sensitivity. We ask these blessings in Jesus' name. Amen.
Amen. The Chair thanks Elder Johnson for his very inspiring invocation. Council will now be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, March 30, 2006, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, March 30, 2006 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, March 30, 2006 stand approved. please indicate by saying aye. (Aye.)
The ayes have it, and the Journal of the meeting of Thursday, March 30, 2006 is approved. The next order of business is requests for leave of absence, and, again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today a leave of absence is requested for Councilman Mariano.
Thank you. Leave will be granted. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the republicans, for leave of absence.
The Chair thanks the gentleman. The Chair will dispense with the regular order of business to welcome 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. I'm sorry. The noise level is much too high. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. We certainly invite you to come again. We are certainly pleased today to have Dottie Gabriel in attendance with us this morning. It is my understanding that Dottie is the newly appointed Chief of Staff to the President of PECO, Dennis O'Brien. If Dottie is here, I'd like her to stand so that we could recognize her. (Applause.)
Welcome. Congratulations. At this time, the Chair recognizes Councilman Rizzo, who will present a resolution recognizing Our Mother of Consolation Parish. Will Father Bazzoli and those accompanying him please join the Councilman at the podium. I see that the Councilman is being joined by Councilwoman Miller and I believe Councilman Kelly.
Good morning, everyone. And, Madam President, thank you very much. Let me try to establish what we're doing this morning. Our Mother of Consolation Parish, which is in the Eighth Councilmanic District, is celebrating its 150th anniversary. What we thought we would do is bring the 4th and 5th grade class, along with Principal Michael Kimble, here to Council so they could observe what the legislative process is in the City of Philadelphia. So behind me are some of the class leadership, but would all the 4th and 5th graders from Our Mother of Consolation please stand up so we can say hello to you. (Applause.)
And also I knew that 4th and 5th grade couldn't have that many students. So it's also the 7th and 8th grade from Our Mother of Consolation Parish.
Also here representing the Parish is Father, as we call him in the community, Father Bob Bazzoli, and also Principal Michael Kimble. So I'd like to read this Recognizing, honoring and celebrating Our Mother of Consolation Parish for promoting spiritual and academic growth in a Catholic Christian environment on the occasion of the 150th anniversary of Our Mother of Consolation Parish. Our Mother of Consolation Parish was established in 1855 to minister to the spiritual needs of residents of the Chestnut Hill section and the surrounding neighborhoods; and
Whereas, most of the original parishioners of Our Mother of Consolation Parish were Irish immigrants who settled in Philadelphia after the devastating potato famine that ravaged Ireland in the mid and late 1840s; and Whereas, Our Mother of Consolation Church was constructed through the initiative of Joseph Middleton and the support of parish volunteers, amidst a widespread anti-Catholicism in the United States during that period; and
Whereas, Our Mother of Consolation Parish started in 1862 a Catholic elementary school of the Archdiocese of Philadelphia, and in 1881, the school opened at its present location as an institution of Catholic education dedicated to the mission of educating the children of parishioners, as well as others who entrusted their children to its care; and Whereas, Our Mother of Consolation Parish has continued to provide Catholic Christian service to a growing vibrant multi-cultural community in the Chestnut Hill section of Philadelphia and surrounding neighborhood.
Resolved, by the Council of the City of Philadelphia, that City Council hereby recognizes, honors and celebrates Our Mother of spiritual and academic growth in a Catholic Christian environment on the occasion of its 150th anniversary. Further resolved, that an engrossed copy of this resolution be presented to Our Mother of Consolation Parish as further evidence of the sincere admiration and gratitude of this legislative body. And Father Bazzoli, I'd like to present this resolution to you, along with Principal Michael Kimble. Congratulations and keep up the good work. (Applause.)
The Chair recognizes Father Bazzoli for remarks.
Thank you, Madam President. On behalf of the Chestnut Hill community, the Mother of Consolation Parish, we thank you for this recognition, this honor as we celebrate 150 years of ministry and life in the Chestnut Hill community. We'd also like to acknowledge the graciousness of our District Councilperson and our Councilman-At-Large, Councilman Rizzo, for the continued support of our neighborhood and for all the good works that they do to make Philadelphia the great City that it is. Thank you. (Applause.)
Thank you. I certainly echo Father Bazzoli's remarks and thanks of Councilman Rizzo and the other members of Council. It's certainly our honor to be here, and it's certainly our honor and privilege to continue to provide quality Catholic education rooted in the values of the gospel to the children of Chestnut Hill. Thank you. (Applause.)
Again, congratulations. ease. (Council at ease.)
The Chair now recognizes Councilman O'Neill, who will present a resolution recognizing the week of April 24th through April 30th, 2006 as the Annual Remembrance of the Six Million Jewish Martyrs. Will Ms. Leanore Brookman and those accompanying her please join the Councilman at the podium. Councilman O'Neill is being joined by Councilman Kelly.
This is a resolution in solemn recognition during the week of April 24th through 30th, 2006 as the Annual Remembrance of the Six Million Jewish Martyrs Who Perished During the Holocaust. Whereas, over half a century ago, six million Jews were murdered in the Nazi Holocaust as part of a systematic program of genocide, and millions of other people suffered as Nazism; and
Whereas, the people of the City of Philadelphia should continually rededicate themselves to the principle of equal justice for all people; and Whereas, the people of the City of Philadelphia should remain eternally vigilant against all tyranny and recognize that bigotry provides a breeding ground for tyranny to flourish; and Whereas, the Memorial Committee for the Six Million Jewish Martyrs has chosen as the theme for this year's Memorial "Resistance, Defiance and Courage: Jewish Acts of Survival." We applaud the Committee for the honor that they will bestow on the memory of those who perished and on those who survived to build and strengthen life in Philadelphia and other communities. Now, therefore
Resolved, by the Council of the City of Philadelphia, that by virtue of this citation, we hereby recognize the week of April 24th through April 30th, 2006 as the Annual Remembrance of the Six Million Jewish Martyrs. Further resolved, that we recognize the horror of the Holocaust, and extend to the Memorial Committee the respect and admiration of this legislative body. Certification that this is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 23rd day of February 2006, signed by Anna C. Verna, President of City Council, and co-sponsored by all members of City Council. (Applause.)
And members of Council. My name is Leanore Brookman, Co-Chairperson of the Annual Memorial Ceremony Commemorating the Holocaust for the Six Million Jewish Martyrs, sponsored by Jewish Community Relations Council, the Federation of Greater Philadelphia. Other members of the organization here today are my Co-Chairperson, Rhoda Rothberg; Bert Segal, Director of Community Relations; Robin Schatz, Director of Governmental Affairs; Amy Blum, Director of Center for Holocaust Awareness; and Gert Novan, Vice-Chair of Holocaust Programs. Abram Schnapper, President of the Association of Holocaust Survivors, was unable to be with us today. It is our esteemed pleasure to have been invited today, particularly since City Council has played an important and meaningful role in our many years as we can remember, Councilman David Cohen, a blessed memory, was responsible for the annual proclamation, which he delivered at our services establishing the Holocaust remembrance day and the renaming of the street at 16th and the Parkway as Avenue of Remembrance for the week. Last year, before his death, the street was permanently renamed Avenue of Remembrance, and we are sincerely grateful to Council and Councilman Cohen for all of his efforts through the years on behalf of the survivors. This year, annual observance will take place on Sunday, April 30th at 16th and the Parkway from 1:00 to 3:00 p.m. on the site of the monument for the six million Jewish martyrs. The monument was created by Nathan Rappaport, an internationally known sculpture, that was presented to the City on April 1964, and it's the first monument that was the Holocaust survivors in the City of Philadelphia -in North America. The theme this year will be "Resistance, Defiance and Courage: Jewish Acts of Survival," and as part of our program, local resistors and partisans will be honored. Our keynote speaker will be Hadassah Lieberman, daughter of Holocaust survivors and wife of Joseph Lieberman, Senator Joseph Lieberman. Philip Kates, violinist of the Philadelphia Orchestra, will be our annual participant. We also have members of the religious community, the ecumenical community, present to affirm the connection between people of all faiths committed to prevent the horrors of the Showa from occurring again, to remind us that the Showa is not just a Jewish tragedy but a human tragedy. And Sister Josephine Kates is a wonderful annual participant. the six million souls who died during the Holocaust on that day, we will also take time to have cards distributed relating to the tragedy for the audience to mail to their political leaders for response and action, hopefully, relating to this horrible situation. I have a copy of our program that I'd like to leave with Council with details of the other aspects of our program, and I would certainly like to invite members of Council to come to our program on Sunday, April 30th. Thank you. (Applause.) UNIDENTIFIED SPEAKER: On behalf of the Jewish Community Relations Council, I would like to thank Councilman Brian J. O'Neill for sponsoring this year's proclamation.
Thank you. Council will be at ease. (Council at ease.)
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on April 6, 2006, I signed the remaining bills that were passed by Council at its session on March 23, 2006, and I also signed the following bill that was passed by Council at its session on March 30, 2006: Bill No. 060051; and I am transmitting herewith for the consideration of your honorable body an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to acquire from the School District of Philadelphia a title as 4800 to 4802 Fairmount Avenue; and An ordinance amending Title 22 of The Philadelphia Code, entitled "Public" -
Just a minute, please. The noise level is really much too high. Anybody having private conversations, I am urging you to do so in the corridor. Thank you. Please continue.
And an ordinance amending Title 22 of The Philadelphia Code, entitled "Public Employees Retirement Code"; and An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $250,000 to assist in the relocation of the Family Practice and Counseling Network; and An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located on the southwesterly side of the 3000 block of East Tioga Street.
Thank you. The messages will be printed in the Journal. I would ask the Chief Clerk to please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the rules of Council be suspended in order to permit the immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer two resolutions, one on your behalf.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution honoring Charles Barkley on the occasion of his election to the Basketball Hall of Fame.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
And a resolution recognizing and celebrating the Preparatory Charter School of Mathematics, Science, Technology and Careers and its boys' basketball team on winning the Pennsylvania Interscholastic Athletic Association state scholarship.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce one bill and one resolution on your behalf and one bill on my behalf.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget of Pennsylvania under the Redevelopment Assistance Capital Program in an amount not to exceed $250,000.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to acquire from the School District of Philadelphia title to the properties at 4800 to 4802 Fairmount Avenue.
This bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority, the City of Philadelphia, deeds located in the 36th and 40th Wards of the City of Philadelphia.
Thank you, Madam President. 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 please indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I offer three bills -- or two bills and three resolutions.
The Clerk will please read the title of the first bill.
An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located on the 3000 block of East Tioga Street.
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 Bridge Street, Tacony Street and a line 245 feet north of Sanger Street.
This bill will be referred to the appropriate committee.
And a resolution recognizing the achievements of St. Katherine of Siena varsity girls' grade school CYO basketball team.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
And a resolution declaring April 2006 as Autism Awareness Month.
Again, the Chair recognizes Councilwoman Krajewski.
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.)
And a resolution declaring May 2006 as Stroke Awareness Month and recognizing Nazareth Hospital for their Stroke Awareness Program.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Tasco.
Thank you. The Chief Clerk will please read the title of the first resolution.
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 please indicate by saying aye. (Aye.)
And a resolution declaring May 2006 as Mental Health Month 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 indicate by saying aye. (Aye.)
And a resolution declaring April 15, 2006 as George Clinton 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 indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Nutter.
The Chief Clerk will please read the title of the resolution.
A resolution urging the United States Congress to restore federal funding for the Corporation for National and Community Service to its Fiscal Year 2004 level.
Thank you, Madam President. Madam President, I wish to move the adoption of the resolution. I'd like to be heard on the resolution. And the resolution has been co-sponsored by all members. (Duly seconded.)
Thank you, Madam President. Madam President, I try to do my best from time to time to generally stay out of the national and international realm. It's hard enough trying to represent the Fourth District, but in this particular matter, we have representatives from a variety of organizations who I'd like to recognize. They are Philadelphians, young and a little older, who provide a variety of community service activities throughout Philadelphia. Many of them are here with us this morning, and they are subject to, as Ronnie Polaneczky mentioned in an article a couple weeks ago, a budget trim that would be the unkindest cut of all. They are City Year, Youth Build, Education Works, the National Civilian Community Corps and Experienced Corps, and I would ask if they might stand so they can be recognized for their good work.
Madam President, not to be too political about it, but cutting the funding to these kinds of organizations that provide any number of services to school-age children and people throughout the community has got to be one of the dumbest things ever to come out of national policy that we've seen in recent times, and I'll give one statistic. They are looking for either trying to maintain their current funding or expand some of their funding from $54 million to approximately $80 million in the course of a year, and if you read the Daily News story, the one stat that jumps out at you is that we are spending $100 million a day in Iraq, yet we would have the audacity to cut funding to these kinds of organizations that provide a certain level of homeland security right here in Philadelphia and throughout the United States of America. These young people should be recognized and applauded and supported for their work, not finding themselves running up and down the East Coast and all over the country trying to make sure that the federal government and the administration in the White House does the right thing. So I hope that this resolution has some weight coming out of Philadelphia and that many other cities across the country that benefit from the services that these organizations provide and the experience that the young people receive as a part of participating in these great programs, that there would be a rising up of cities and states across the country to tell the federal government this is a big mistake. Thank you, Madam President.
You're welcome. 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 Brown.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Goode.
The Chief Clerk will please read the title of the resolution.
A resolution authorizing the Committee of Commerce and Economic Development to hold hearings to receive a programmatic update on the Urban Industry Initiative.
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Ramos.
Thank you, Madam President. I offer one bill on behalf of the Administration and one resolution co-sponsored by Councilwoman Tasco.
The Chief Clerk will please read the title of the bill, please.
An ordinance amending Title 22 of The Philadelphia Code, entitled "Public Employees Retirement Code," by amending various provisions to incorporate benefit enhancements provided under recent labor arbitration awards, under certain terms and conditions.
The bill will be referred to the appropriate committee.
And a resolution recognizing and honoring Philadelphia's own Karen Slack, who on March 17, 2006 made her Metropolitan Opera debut.
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 please say aye. (Aye.)
The ayes have it and the resolution is adopted. May I see the Chief Clerk side-bar, please. (Pause.)
On the resolution that was introduced by Councilman Goode and has been approved, that is authorizing the Committee on Commerce and Economic Development to hold hearings; therefore, it will be referred to that committee for a public hearing. Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilman O'Neill.
The Chief Clerk will please read the title of the bill.
An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Section 14-104, entitled "Non-Conforming Structures and Uses," by amending provisions relating to the reconstruction of non-conforming structures.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Clarke.
The Chief 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 deeds located in the 14th Ward of the City of Philadelphia.
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 Councilman Kelly.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
Thank you. The next order of business is reports from committees, and the Chair recognizes Councilman Clarke for a report from the Committee on Public Property and Public Works.
Thank you, Madam President. Madam President, the Committee on Public Property and Public Works reports four bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Public Property and Public Works, to which was referred Bill No. 060012, entitled "An of Public Property, on behalf of the City of Philadelphia, to acquire fee simple title known as 3000 and 3030 East Castor Avenue, under certain terms and conditions"; and Bill No. 060056, entitled "An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located at 105 to 109 Reed Street in the City of Philadelphia"; and Bill No. 060058, entitled "An ordinance amending Bill No. 990728, approved December 6, 1999, by extending the time for compliance with the conditions until December 31st, 2006"; and Bill No. 060144, entitled "An ordinance amending an ordinance approved June 28, 1966, Bill No. 1845, as amended, known as the Philadelphia Housing Development Agreement Ordinance," considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Clarke.
Madam President, I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 060012, 060056, 060058 and 060144. (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 bills just read by the Chief Clerk. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the bills just read will be placed on our First Reading Calendar for today. Council will now proceed under a special order of business and the reconsideration of Bill No. 051144-A. This bill was passed by Council at its March 16, 2006 session and was returned disapproved by the Mayor on the March 30, 2006 session. At this time, the Chair recognizes Councilman O'Neill.
Thank you, Madam President. I move that the Council reconsider Bill No. 051144-A, which was approved by City Council on March 16, 2006.
All in favor let it be known by saying aye. (Aye.)
The ayes have it. The motion carries. Council will now reconsider the vote by which Bill No. 051144-A was passed. The Chief Clerk will please read the title of the bill.
Bill No. 051144-A, an ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Section 14-104, entitled "Non-Conforming Structures and Uses," by amending provisions relating to the reconstruction of non-conforming structures, all under certain terms and conditions.
Thank you. This bill, having been read on two different days, was duly approved by Council on March 16, 2006 and was to Council by the Mayor as disapproved on March 30, 2006. The question is, shall Bill No. 051144-A pass notwithstanding the Mayor's disapproval. I would ask you to please note that a vote of aye is a vote to override the Mayor's veto and a vote of no is a vote to sustain the Mayor's veto. At this time, I would ask the Chief Clerk to please call the roll.
I'm sorry. I didn't realize that your light was on.
That's okay. bill would allow non-conforming structures to be rebuilt after a catastrophe, like a fire, even if they were more than 75 percent destroyed. Currently -- and I didn't know this until recently -- if there's a fire or some other disaster and more than 75 percent of a non-conforming structure is destroyed, a person has to go and either build to the new zoning that they're grandfathered under or they have to go to the Zoning Board. And particularly in Bustleton and Somerton, two neighborhoods that were built in many areas in the '50s and '40s where it was the country, you moved out to the country and you bought lots and you built houses, there are people in fairly modest homes living on what we would call fairly wide lots, and developers, particularly with our tax abatement and lower mortgage rates, have just been destroying them, buying people's homes, tearing the house down and putting up some pretty ugly things. we've remapped, City Council has remapped, these areas in the recent past, but it was pointed out to me that while many people become non-conforming for the good of the whole neighborhood, you will take a higher zoning designation that's more restrictive. You should still be able to build your own house. When this bill went to the Planning Commission, the Planning Commission said it was a great idea. In fact, Councilwoman Blackwell had done it in her district a few years ago. And they recommended it be City-wide. I had two particular civic associations, Somerton and Bustleton, that couldn't wait for me to lobby all my District Councilmembers and explain all this, because it's not a big issue in a lot of areas. However, the Mayor in his veto pointed out that there was one difference between my bill and Councilwoman Blackwell's from 2003, and that was that 75 percent of the structures in the block have to still be in place. I can guarantee you, 100 percent of the houses on the block right now in my district will be in place. But I also found out that Councilwoman Miller in the Eighth District has a bill very similar before the Rules Committee on April 24th. I've introduced a bill this morning that most members have signed. It will be listed with that bill. It would cover everything in my bill, everything in Councilwoman Miller's bill and everything that was previously signed by the Mayor and passed by Council in Councilwoman Blackwell's bill. So there would be one uniform non-conforming exception for rebuilding in the whole City. I just ask that because of the very minor difference between my bill and Councilwoman Blackwell's, which will soon be corrected in the next month or two, that members vote aye on this motion so if something would happen, and particularly in Somerton and Bustleton where so many people are exposed in the next month or two, that we've done everything we can to protect them. And I'm sure we'll pass the City-wide bill when it comes time for the Committee vote and the Council vote. Thank you.
Thank you. Again, I would ask the Chief Clerk to please call the roll.
Aye. The ayes are 15; the nays are zero. A two-thirds majority of the members of Council having voted in the affirmative, the Mayor's veto is overridden. The next order of business is the consideration of the Calendar. The Chief Clerk will please read the bills on the First Reading Calendar.
Bill No. 060012, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to acquire fee simple title to 3000 and 3030 East Castor Avenue.
And Bill No. 060056, an ordinance authorizing the 4/6/06 - STATED - 1ST READING Commissioner of Public property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located at 105-09 Reed Street.
And Bill No. 060058, an ordinance amending Bill No. 990728, approved December 6, 1999, to convey to the Redevelopment Authority of Philadelphia by extending the time for compliance with the conditions until December 31, 2006.
And Bill No. 060144, an ordinance amending the ordinance approved June 28, 1966, Bill No. 1845, as amended, known as the Philadelphia Housing Development Agreement Ordinance.
The Chair agrees. That completes the First 4/6/06 - STATED - 2ND READING Reading Calendar. The Chair now recognizes Councilwoman Blackwell for the purpose of calling up bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Today our Second Reading and Final Passage Calendar starts on Page No. 7. Today we will hear Bill Nos. 050661, 060086, and on , Bill Nos. 060112, 060158 and 060159. All other bills are being held.
Thank you. I would ask the Chief Clerk to please read the title of Bill No. 050661.
An ordinance authorizing the creation of a loan or loans to provide funds for and toward various capital municipal purposes.
Thank you. Since Bill No. 050661 would authorize the City to incur new debt, this bill requires the approval of 4/6/06 - STATED - 2ND READING two-thirds of the members of Council. That is a statutory requirement. This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk -- I'm sorry. I didn't see that Councilwoman Tasco wants to be recognized. So before I ask the Chief Clerk to call the roll, I would like to recognize Councilwoman Tasco.
Thank you, Madam President. Madam President, we have been going round and round on this bill for a while, and I plan to vote no on this bill. I'm a signatore to a letter that we have sent to the Mayor explaining why some of us are not in support of this legislation today. We have negotiated this bill in 2004. We sent a question to the voters about the capital budget, and in that, the Council had passed and the Mayor had signed legislation that appropriated 4/6/06 - STATED - 2ND READING funds, of which $12 million was for the Council Districts and we were to be given $1.2 million. Of course, we have only been able to spend $500,000 of that because the Mayor has decided not to spend that money. Now in an agreement, side agreement, the Mayor wants to ask us to accept $850,000 per district rather than the $1.2 million. There is no hardship. The money is there and the money has been designated for the District Councilmembers. The reason we got to the point of designating the $1.2 million, when the Mayor was Council President, he convinced Ed Rendell to agree to appropriate $1.2 million to each Council District person, and the reason I believe and as I remember it happening was because we could never have predictable funding for projects in our district. We tried to expand the Finley Recreation Center. It took us ten years 4/6/06 - STATED - 2ND READING to build an addition, because each year I would put so much in the budget and that was never enough. When we went to the $1.2 million, we were able to know that by a certain date we had enough money to expand or do whatever with the recreation facility. As a result of that and with matching dollars from the state, from my State Representative, LeAnna Washington, we were able to expand the Dorothy Emanual Recreation Center at the tune of $5.1 million. And now we are asked to take less money when the money that has been appropriated is there for us. I don't want to be cynical or personal, but I can only think that maybe sometimes these capital projects are used as leverage to gain votes for whatever the Mayor may want. So maybe there was a need not to let Ed Rendell use the leverage of the Recreation Department to get votes. So here we are now back at the old system where the Mayor has the 4/6/06 - STATED - 2ND READING ability to use the funding to cut deals for whatever he may want on votes. I think that's a disservice to the people in the City. I think it's a disservice to the people in my district, and I want to know why would I take $850,000 when I am entitled to $1.2 million for the people in the Ninth Councilmanic District? It does not make sense. The money goes for improvement to existing facilities. We can use it for a fire station. We can use it for whatever we need it for. The priorities are set by us with the communities in our district and we're able to move forward and be effective. I think that this whole impasse is nonsense, and I just think that he is at this point not willing to move or to give and to be cooperative on this issue. So I am voting against this bill because I think we deserve better and we deserve better respect than we get. 4/6/06 - STATED - 2ND READING Thank you.
Thank you. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I can only echo the comments of my colleague, Councilwoman Tasco, and I will also be voting against this particular bill. Not because I don't need the money, but because I do need the money. I need the funds that were allocated and that we voted for. This body supplemented that particular capital budget bill to allow for the level of funding that we've had in the past. We voted for it, as Councilwoman Tasco pointed out. It was signed by the Mayor and subsequently approved, with an expectation by the voters and our constituents that that's what the deal was. And just this past Monday, I had a meeting with community leaders in 4/6/06 - STATED - 2ND READING the Winfield Heights section about a recreation facility, a small one, that needs a significant amount of work. It's been neglected over the years. When I laid out to my constituents from that neighborhood what this situation is with declining resources that I presently have, I won't be able to complete that project in a timely fashion with the dollars that are being offered versus the dollars that we're supposed to have, and when I presented my own constituents with this situation, their recommendation was, Get the funding that was previously allocated that we expected so we can get our project done. This arrangement was, as I recall, primarily put in place because the City Administration at the time, not this Administration, the previous Administration, was not putting as much money in the recreation facilities as many of us thought and so as, again, the Councilwoman laid out, this was an 4/6/06 - STATED - 2ND READING agreement that had the District Councilmembers working with the Recreation Department and other departments. Where they had shortfalls, we would be able to make up for it in a quick fashion, because we already had the dollars. You sign a document and move on and then monitor and oversee these particular projects. So this is an issue where funding is available, but for the '05 capital budget, it would make absolutely no sense to take less than what has already been approved and agreed upon, and I don't understand the rationale here. It is shameful that we have reached this point and not been able to move forward, especially when the funding is not in question. This is about who is making which decisions on certain facilities, and I would respectfully say in many instances we certainly, the folks who work with community leaders on a 4/6/06 - STATED - 2ND READING regular basis about these facilities and what their needs are, might have a little better sense of what those needs are than some other folks in other parts of the government. So I'll be voting against the bill, and we can continue to try to negotiate back to where we should have been in the first place. Thank you, Madam President.
Thank you. The Chair recognizes Councilman O'Neill.
Thank you, Madam President. I believe that this bill fails today to get the 12 votes required. The least surprised person will be the Mayor. The Mayor spent over 19 years here, the majority of it I believe as Council President, and he knows this issue better than anybody, how important it is. He was also a District Councilman. 4/6/06 - STATED - 2ND READING How many times I and others were in his office lobbying, as Councilman Tasco said. I don't know how many times I went in lobbying for that 1.2 million. Before that, for 1.1. Before that, for 1 million, because of the needs out there in all districts. And the system that is the best needs assessment you could have -- and I use the terms "needs assessment" because we heard about a needs assessment that the Administration did, which I'll get to a in a minute, but every District Councilman has to listen to the community, has to listen to the rec leader, has to listen to the users of the rec center, whether it be the Rec Advisory Council, whether it be an informal group of parents or whether it be the youth organization that predominates the programming there. And if we don't, we know where we are at the end of four years, we're out of a job. And that system works very 4/6/06 - STATED - 2ND READING well, and it enables us to stretch very limited resources and try to do as much as possible with them, doing a lot of long-term planning, sometimes two, three, four years out, before you can let people know you'll have enough money for them as you're putting it away for a project. And in '05, this 12 million, 1.2 a district, was passed, the Mayor signed it, it went to the voters, the Mayor signed that bill, it went and got approved by the voters. That money is already there. We heard this year in our budget hearings from the Administration that they've done a needs assessment of the Recreation Department and they'll spend that extra $7 million. That would be such a break not only in tradition but in common sense, because no one knows better and has spent more time working on this needs assessment than each individual District Councilmember. And if the money is going to be spent, it 4/6/06 - STATED - 2ND READING should be spent not by the Administration and their bureaucratic hires, but by the elected officials working with the community, as it's always been done. Not just while I've been here, not just while Council President Street, District Councilman Street was here, but long before that. This tradition goes back as far as people can remember. I would say that let's be fair. '05 was passed. We're still only allowed to spend a small portion of it. That's unheard of. But do that to me once, shame on you. If you do it to me twice in '06, shame on me. I'm not going to allow that to happen twice. I understand that the capital budget is getting reduced. Mayors, several in the last term, were spending way more than was going to be left if they evened it out, but that's the problem with two four-year term limits. That's as far as any Mayor can see. And we're dealing with a shrinking pool of 4/6/06 - STATED - 2ND READING money. This is '07. We have not passed the operating or the capital budget, let alone get to the ballot question for '07. I am willing to talk realistic reasonable terms with anybody, members of Council, the Administration, about a negotiated number, recognizing that we have to take our fair share of those cuts, but these monies have passed in '05. They were approved by the voter. If we voted for this, they would be approved by the voters again, I'm sure. Can't allow that to happen until we have an agreement that this $12 million in both years, '05 and '06, will be given to us for our districts and we can negotiate on that on a reasonable basis going forward, but not going backwards. This is really unheard of, and I'll be voting no on this bill. Thank you.
Thank you. 4/6/06 - STATED - 2ND READING The Chair recognizes Councilman Kelly.
Thank you, Madam President. I just want to say right now that I will be supporting those District Councilmen and Councilpeople that do need and absolutely must have at least 1.2 million for their recreation centers and all the other things that they want to use that money for in their districts. Previously I was a District Councilman, so I know how important it is to receive that money. In fact, I don't even think it's enough at this point, even the 1.2, but be that as it may, I think it's very, very important that they get the full funding. So I will be voting no for this bill. Thank you.
You're welcome. Would anybody else like to be recognized? 4/6/06 - STATED - 2ND READING (No response.)
Seeing no one, I would ask the Chief Clerk to please call the roll.
Aye. The ayes are 10; the nays are five. A two-thirds of all of the members having voted in the negative, the bill fails. 4/6/06 - STATED - 2ND READING The Chief Clerk will please read the title of Bill No. 060086.
An ordinance authorizing Evangelisonna of Theotokos Greek Orthodox Church to construct, operate and maintain an existing raised platform entrance.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 060112.
An ordinance amending Section 2 of an ordinance, Bill No. 040763, approved October 27, 2004, by extending the time for compliance with conditions stated therein.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 060158.
An ordinance establishing a no parking anytime regulation on the east side of Keystone Street between Unruh Avenue and Longshore 4/6/06 - STATED - 2ND READING Avenue.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. 4/6/06 - STATED - 2ND READING The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 060159.
An ordinance to amend the Institutional Development District Master Plan of the Holy Family University by allowing for the construction of a new student residence building.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman 4/6/06 - STATED - 2ND READING DiCicco. COUNCILMAN DiCICCO: Aye.
Aye. The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. That completes our Calendar for today. Are there speeches on the part of the Minority? The Chair recognizes Councilman Kelly.
Yes. Thank you, Madam President. I just want to report on an incident which I find very, very disturbing, and, that is, a few weeks ago, I had read and presented a 25th anniversary of the Irish Hunger Strike. During that resolution, there was a fellow by the name of Shane Coleman who played an Irish flute for us that day. He's from Ireland. He was vacationing here and he decided that he wanted to do something in the memory of those people who died during the Hunger Strike. When he was returning to go back to Ireland, he was delayed. He was put into a room. He was interviewed. He was intimidated, and he was recruited to join the English government as a spy to the IRA. This man has never been political. He's never joined any organization, and yet he was held for hours. And two detectives from Scotland Yard were the ones doing the recruiting. I find this to be upsetting at the most that government representatives from a foreign country can come into our soil and to recruit people to join them as spies. And you have to remember the last -- just recently, within the last week, there was a spy for the IRA who was found shot. He was killed just about a week ago. Now, this man, again, had no political aspirations whatsoever, but yet he was detained by two Scotland Yard detectives in Newark, New Jersey. And I think that is deplorable and I would like to at least bring it to the attention of our government officials that this type of activity ceases. I don't think it's something that we should tolerate any government to do, is to intimidate people who are vacationing here in this country. So, again, I just wanted to bring it to your attention and this Council's attention, because it's something that I wasn't aware of, and I don't think anyone was aware of something like that could happen in this country. So I would like to, again, I would like to ask our government to be out what exactly happened and to make sure it doesn't happen. Thank you, Madam President.
You're welcome. The Chair recognizes Councilman Ramos.
Thank you, Madam President. For many years in Chambers we have seen many, many activists come here, me being one of them many, many years ago, and state where we stand on the issues, and this Chamber has been welcoming to all Philadelphians who want to express their views. A Philadelphia housing activist, Rosemary Cubas, that many times sat right behind here or to my right sometimes -- she sat anywhere, but a lot of sometimes she would sit right there. And here she passed away yesterday evening. She was very highly respected by all of us and the people in Philadelphia, the Latino people in particular and her community. She was very adamantly opposed to the powers of eminent domain and always in favor of affordable housing for the poor. So if we could have just a moment of silence at this time to remember Rosemary Cubas and her good works. (Moment of silence.)
You're welcome. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. At a brief re-rally yesterday, the Mayor stated that he predicts that Philadelphia will be a smoke-free City when he leaves office at the end of 2007. Well, Madam President, my clock shows that there are 640 days, 13 hours, 29 minutes and 6 seconds until very much.
Seeing none, the Chair again recognizes Councilwoman Tasco for a motion to adjourn.
Madam President, I move that Council stand adjourned until Thursday, April 20th at 10:00 a.m. Thank you.
All in favor will indicate by saying aye. (Aye.)
The ayes have it and Council will stand Thursday, April 20th. Thank you very much. (Stated Meeting adjourned at 11:30 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 April 6, 2006, 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.)