COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, March 10, 2005 10:28 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILMAN RICHARD T. MARIANO 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 recognizes Deacon Ramos who will give us our invocation. All Members and guests will please rise.
Good morning. Let us pray. Jesus healed a blind man, but many didn't want to believe. The blind man got his parents, and they affirmed to the doubters he was born blind. The doubters still didn't believe. The blind man could see, but those who had sight were blinded, the scripture says. All of us are blinded at some moment in our lives, although we can see. Blinded because of obsessions, blinded from reality, although we can see. But there's a power us, God, who is always there to heal our blindness if we only open our hearts to him. Amen.
The Chair thanks the Deacon for his very inspiring invocation. The next order of business is the approval of the Journal of the meeting of Thursday, March 3, 2005. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, March 3, 2005, stand approved.
It has been moved and properly seconded that the Journal of the meeting of Thursday, March 3, 2005, stand approved. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the Journal of the meeting of Thursday, March 3, 2005, is approved. The next order of business is requests for leaves of absence. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. On behalf of the Majority, a leave of absence is requested for Councilwoman Krajewski.
Thank you. Leave will be granted. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the Republicans, there are no requests for leaves of absence.
The Chair thanks the gentleman. 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 certainly appreciate your taking the time to join us as we attend to the legislative affairs of our City. At this time, the Chair recognizes Councilman Clarke who will present a citation honoring the Harlem Globetrotters. Would Mr. Edgerson and those accompanying him please join the Councilman at the podium. Councilman Clarke is being joined by Councilman Rizzo and Councilwoman Brown.
Thank you, Madam President. Madam President, today, it is truly an honor on behalf of the City Council to give this citation and recognition to these gentlemen. All of us growing us in our tender years remember the former greats Meadowlark and all of those wonderful individuals who set of path for these new edition of the Harlem Globetrotters. And you noticed who I pointed at when I said the new edition. So it is truly an honor to be able to do this today. Honoring the Harlem Globetrotters. The Council of the City of Philadelphia is pleased and proud to welcome the Harlem Globetrotters on the occasion of the Globetrotter weekend in Philadelphia. Whereas, the Harlem Globetrotters are the world's most popular sports organization in basketball's most successful winning team. They have performed for more than 120 million people in 117 countries.
Whereas, the Harlem Globetrotters' achievements represent a story of courage, talent and pride. For over seven decades, the Harlem Globetrotters have used their unique brand of basketball and ambassadorial good work to aid in breaking down barriers to bring people closer together while popularizing sports as entertainment and today has become the standard that in the early days was uniquely African-American; and
Whereas, when Dick Hudson founded the Savoy 5 in 1926, the team set out simply to entertain and play basketball. The comedy element evolved because of their superior afrocentric style of play which today would simply be called "Show Time"; and Whereas, the world famous Harlem Globetrotters bring their family-friendly brand of basketball for three exciting games at the Liacouras Center at Temple University on Saturday, March 12th at 12 noon and at the Wachovia Center on Sunday, March 13th at 1 o'clock p.m. and 5:30 p.m.
Therefore, by virtue of this citation, the Council of the City of Philadelphia honors the Harlem Globetrotters for their outstanding talent and ambassadorial efforts. You have enlighten and enriched the lives of millions of people throughout the world and have the sincere this legislative body. Congratulations, gentleman. Sponsored by all Members of Council. (Applause.)
They're all so short, I don't know if Mr. Edgerson is here. If he is, I would like him to say a few remarks, please.
On behalf of the Harlem Globetrotters, we'd like to thank you all for receiving this honor. (Applause.)
Again, congratulations and thank you for coming in. (Applause.)
The Chair now recognizes Councilman Ramos will present a resolution honoring the National Association of Hispanic Publications. Would Mr. Hernan Guaracao and Mr. accompanying them please join the Councilman at the podium. Councilman Mariano will also join Councilman Ramos in the presentation.
Recognizing the week of March 7, 2005, as the National Association of Hispanic Publications Incorporated Week. Whereas, this year Philadelphia is honored to host the National Association of Hispanic Publications, Inc., annual convention that will take place at the Loews Hotel from March 9th to March 12th; and Whereas, Philadelphia's own Hernan Guaracao, publisher of Al Dia Newspaper serves as President of the Board of Directors for the National Association of Hispanic Publications, Inc.; and Whereas, the National Association of Hispanic Publications, Inc., was founded in 1982 as a non-profit, nonpartisan organization representing Hispanic print nationwide; and
Whereas, today, the National Association of Hispanic Publications, Inc., is the largest organization representing Hispanic publications at the national level; and Whereas, NAHP, Inc., works with more than 200 members in affiliated publications that share a combined circulation of more than 10 million and reach more than 50 percent of Hispanic households in 55 US markets every week; and Whereas, NAHP, Inc., provides professional tools to assist Hispanic publications to more effectively reach their readership and work hard at keeping the Hispanic community informed and educated about social issues, updating its readers about members' publications, providing technical assistance, and improving the quality of Hispanic publications at a national level; and
Resolved by the Council of the City of Philadelphia that we hereby recognize the week of March 7, 2005, as the National Association of Hispanic resolved that an engrossed copy of this resolution be presented to Hernan Guaracao and Joseph Carrillo as evidence of the sincere respect and deep admiration this legislative body has for the National Association of Hispanic Publications, Incorporated. Congratulations. (Applause.)
On behalf of all of publishers gathered in Philadelphia this week, I would like to say gracias. Thank you so much for honoring us, honoring this growing industry of Hispanic publications all over the country. People who are behind me are the very people who are making that miracle of communication with the Hispanic community over the country. They come from places as far as San Jose, California; Dallas, Texas; Sarasota, Florida. I would like to name them because to come to Philadelphia probably in the worst of the winter, and they are people very much comfortable in the southwest. I would like to name them, as I said, because they are very deserving publishers who are in each of the City that I want to name the providers of the critical information and news to the Hispanic community. They are Dora Toro from LaPrensa de Orlando; Lupita Colmenero from Hispano News in Dallas, Texas; Dolores Sanchez from Detroit; Tatiana Andrade from San Jose, California; Jose Luis Garcia from Texas; Zeke Montes from Chicago; Luis Eduardo Baron from Sarasota, Florida; Francisco Vega from the Yellow Pages in Washington, D.C. With us is Joe Carrillo, our CEO. Thank you so much again for this recognition, this honor, that is deserving for these publishers who chose Philadelphia to have their annual convention. You probably don't know this piece of history. I'd like to share this real quickly. Philadelphia was the place where 180 Spanish paper in the country was published here in Philadelphia on Third Street. The name of the publisher was Felis Barrera Morales (ph). He's a priest who ended up in the Philadelphia in the 19th Century and, like many of us, decided to find a way of expressing himself, and he chose to publish a paper in 1824. It was printed here on Third Street 180 years ago. We're proud of that, of that piece of history for Philadelphia, and we're glad to be here today. Thank you so much. (Applause.)
Mr. Carrillo, would you like to say a few words?
On behalf of the national staff in Washington, D.C., and the many publishers that we serve, I would like to thank the City of Philadelphia for opening up their heart and their arms to our organization and to bring us through this week here to Philadelphia to really explore, not only our organization, to net work with our friends and network with the City of Philadelphia. I'd again on behalf of the national office and on behalf of the staff and on behalf of our membership. Thank you so much.
Celebrating the arts and young people. Celebrating the 35th Anniversary of the American Theater of Arts for Youth, Incorporated. Whereas, American Theater Arts for Youth, Incorporated, is the non-profit production company founded in 1970 to bring the finest and professional curriculum related theater to children of all ages; and. Whereas, in 2003-2004 school year alone ATAFY touched the lives of over 2 million students nationwide, including 80,000 youngsters in Philadelphia and 150,000 youngsters in Pennsylvania; and Whereas, ATAFY has commissioned and produced 46 additional stage musical praised by educators and the press as a delightful ages; and Whereas, study guides are prepared for every production for classroom discussion and policy of modest ticket prices make ATAFY's program available to the broadest possible audiences; and Whereas, ATAFY is augmented by over 180 outstanding directors, designers, performers, and staff who understand the learning experience inherent in live performance; and Whereas, Laurie Wagman is the founder and CEO of the American Theater Arts for Youth, the largest and oldest organization of its kind in the nation that presents professional theater to school students as an extension of classroom curriculum. Now, therefore, be it resolved by the Council of the City of Philadelphia that we celebrate you, the 35th Anniversary of the American Theater of Arts for Youth, Inc., and honor Laurie Wagman for her creativity and outstanding contributions to cultural enrichment in education through theater. engrossed copy of this resolution be presented to Laurie Wagman as evidence of the sincere sentiments of this legislative body. Introduced by Councilwoman Blondell Reynolds Brown and Richard T. Mariano, and sponsored by all the Members of the Philadelphia City Council. We celebrate you. (Applause.)
I want to express health-felt appreciation to the Council for this splendid resolution. It's especially meaningful because I founded American Theater Arts for Youth in this, my home town, in this City that I love, 35 years ago. Today, we tour throughout the nation to perform in over 400 cities every year to about 2 million kids, teachers, and parents. It's important for you all to know that American TAFY engages the of over 200 people right here in Philadelphia and we have become a tradition. Our audiences today represent three generations who have attended American TAFY shows, grandmoms and grandpops who took their children who are in turn taking their children to see our productions. I'm pleased to tell you that in the seasons ahead American TAFY tradition will continue to reflect quality arts in education that this honorable Council has championed from the very beginning. You recognize theater as an important teaching tool that motivates language and reading development. You understand the impact of theater on the creative and cultural life of the children it touches. And you know that theater provides quality entertainment that we can, together, share and cherish and remember. And so on behalf of the entire American Theater Arts for Youth organization and the audiences we serve throughout the City, the Commonwealth, and the nation, I want to express enormous appreciation for the to our concept and our programming. Thank you very much. (Applause.)
Thank you Ms. Wagman. 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. THE
To the President and Members of the Council of the City of Philadelphia, I am transmitting herewith for the introduction and consideration of your honorable body a proposed ordinance authorizing the creation of a loan or loans to provide funds for and toward various capital municipal purposes, authorizing the Mayor, City Controller, and City Solicitor or a majority of them to sell bonds at a public or private negotiated sale, and fixing a day for holding the election for obtaining such consent and providing for the arrangements for holding such election.
Thank you. The messages will be printed in the Journal. The Chief Clerk read any other communications in her possession. THE
Thank you. The next order of business introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit the immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been properly moved and 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 one bill and two resolutions.
Thank you. The Chief Clerk please read the title of the bill. THE
An ordinance authorizing transfers in appropriation for Fiscal Year 2005 within the Grants Revenue Fund from certain or all city offices, departments, boards and commissions to certain or all city offices, departments, boards, and commissions.
The bill will be referred to the appropriate committee. THE
And a resolution honoring the St. Patrick's Day Observance Association of Philadelphia and proclaiming the month of March as Irish Month in the City of Philadelphia.
The Chair recognizes Councilman Kenney for a motion.
Thank you, Madam President. On behalf of myself, Councilman O'Neill, and Councilman Kelly and all those who wish they were Irish, I move for the adoption of the resolution. (Laughter.)
All of those who wish they were will say aye. (Aye.)
The ayes have it and the resolution is adopted. THE
And a resolution congratulating of the Boy's Varsity Basketball Teams of Sts. John Neuman Maria Goretti High School for winning the 2005 Catholic League Basketball Championship.
Councilman DiCicco's going to love this because they dismantled the prep last week. I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today, I introduce one bill and one resolution on your behalf and one bill on behalf of the Administration.
Thank you. The Chief Clerk will please read the title of the first bill. THE
An ordinance granting permission to Popi's Enterprises, located 3120 South 20th Street to construct, use, and maintain a building encroachment entrance addition north and south through its embellishments rigid fabric awnings, canopy, and pedestrian lights, underground electric conduit and open air sidewalk cafe.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing the Managing Director on his designee on behalf of the City of Philadelphia to enter into a lease agreement to lease vehicles from the Philadelphia Municipal Authority with an option to purchase, under certain terms and conditions.
This bill will be referred to the appropriate committee. THE
And a resolution also naming 29th Street at the intersection of 29th and Tasker Streets as Marquis Boulevard and also naming Tasker Street at the intersection of 29th and Tasker Street as Dean's Way.
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 say aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Cohen.
Thank you, Madam President. I offer one resolution on which I would like to speak.
Thank you. The Chief Clerk will please read the title of the resolution. THE
A resolution calling upon Congress to oppose any and all efforts to privatize Social Security.
Thank you, Madam President. It's often said that politics stops at the local line. It's an axiom that I never accepted. But this resolution, I believe, establishes the full truth of the statement. This resolution, which calls upon the Congress to reject President Bush's efforts to privatize Social Security, shows that there is indeed a party line. And the party line pervades all of American politics because it's not true that political parties are merely social clubs. They're social clubs when one party is so weak that it cannot do very much by itself so it then describes all activities as being of a social nature. But this resolution describes in two simple words the most significant part of the new deal of my meaning when I say I refer to myself as a Roosevelt Democrat. And I mean Franklin, not Theodore because I wasn't alive, even though most people think I was, when Theodore Roosevelt was the President. But I know the difference tat Franklin Roosevelt made to this country. And if you had to in the shortest possible terms tell us about Franklin Roosevelt, you would say Social Security. Because it is in preparing people for living older, for having not to worry about the fact that their money may run out before their lives end, because as you get older you realize think more of what's going to happen when you retire than when you're working. You worry about being able top live meaningfully, not at the door step children, not standing somewhere with a tin cup in your hand. But you think that during your life you work long enough and hard enough and with the help of governmental assistance in the form of guaranteed Social Security payments, you believe you're entitled to the vestiges of being a real person for all the days of your life, not just when you're working. The Democrats have always treasured that. And if you talk to anybody of my age vintage or even a number of years younger and talk to them about Franklin Delano Roosevelt, the one memory they will have of him is what he's done for them with Social Security. It tells you how people value life and old age. And you know every society is always tested by the way it performs for the most vulnerable. This is a moment of truth. This resolution was offered to every member of the Council who was here, and without exception in both cases, every Democrat here signed the resolution, every Republican here and opposed it. And that tells you about the two political parties. So very proudly I say to my comrades here and colleagues in City Council that though I often criticize the voting of some Democrats as being the votes of Republican-like rather than full Democrat, today I'm very proud that the Democratic Party locally here in City Council has unanimously endorsed the concept of we want Social Security to remain as is. We know it's never failed anybody yet. We know if left alone it will never fail anybody because everybody knows the nonpartisan congressional budget office tells us that for 40 years at least, that means 10 presidential terms, if nothing is done, there's ample money and that 40 years may be extended to 80 years which gives even the slow-moving Congress a chance to deal with any problem that develops. So I congratulate my colleagues and ask them all and perhaps in a sense of nonpartisanship, maybe the Republican in the voting process without the names being exposed on the blue backer, will be able to find it in their hearts to assure all Philadelphians that when show down time comes and people retire there will be a solid social security plan in effect, the same one that guarantees senior citizens that they're going to be real people for the all the days of their life. Thank you, Madam President.
You're welcome, sir. The Chair recognizes Councilman O'Neill.
Thank you, Madam President. I don't know where to start, but I didn't sign the resolution. I'm glad that Councilman Cohen now equates that with a no vote, so I'm not going to disappoint him. But the reason for it isn't whether there should be Social Security or whether Franklin Delano Roosevelt should get credit for it. There should be. He should get credit. The question is, Philadelphia City Council can't keep libraries open, fighting for many other things in tough times, including community development block grants which are on the chopping block in Washington at this moment, and getting into an issue that is totally irrelevant to our work here, very relevant to the people we elect in Washington, and to say again that they're destroying Social Security for people that have it, this discussion affects people 50 and under. My personal opinion is, don't go there while we have a federal deficit. Do it as a layering on top of the Social Security. But what it's done, and Presidents often do this, they get a discussion started that wouldn't get started otherwise. Anybody that thinks Social Security is not in trouble down the road if it isn't fixed, tweaked, whatever you want to call it, and no one has been willing to do it for several years. This discussion is really going on. It's a trade-off when negotiations start. And for the City Council of Philadelphia to be getting into something that we have no business doing in our legislation -- we can all send a letter to the President. He may actually read it. He's not going to read this resolution. The factual parts of it, whether it's going to be 4 billion trillion dollars in deficit, there's going to be additional monies spent if you start these accounts. That's why I think we have to be cautious in doing it. But the one thing it has done, it has gotten people serious about making sure Social Security is there for a younger generation. They've already said people 50 and up today, people who aren't going to get it for 12 to 15 or more years, this discussion isn't even relevant to them. That's not what the resolution says. If this were talking about, do I support Social Security? Yes. Do I believe that Franklin Delano Roosevelt was responsible for it? Yes. If the resolution went that far, I'd be voting it. But it gets into a tangle of factual situations in there that people disagree at the highest levels in Washington, and we are now the experts on Social Security. We now everything about the program. We're going to tell the President what to do and what not to do, end discussions which may be helpful to many people who become senior citizens later, but we are now the experts. We can't figure out how to deal with bulk trash; we can't figure out how to get taxes to be competitive in this City; we can't figure out a whole lot of thing, but we are experts on one of the most difficult issues that congressmen, senators have to deal with in the coming year while we're fighting, hopefully, for real federal programs that affect cities that are being threatened to be taken away from us. So I think it's more of a relevancy issue, not whether we have the right facts in this resolution. I don't think we do, but I'm not going to argue with that. I think we're wasting good time to deal with federal issues when we're having enough trouble with City issues. Thank you.
Thank you. The Chair recognizes Councilman Kelly.
Thank you, Madam President. I just want to congratulate and commend my esteemed colleague Councilman Cohen because he seems to know more about what's going on in Washington then probably any senator or any congressman. Because in his statement he said that if we do nothing, Social Security will still go on and no one be affected by it. Well, that's not what I'm hearing throughout the country. I think you have Democrats and Republicans and everyone agreeing that reform must be made to that program or else, maybe not today but in 20 or 30 years, I think they could be affected. And I don't know where Councilman Cohen gets his knowledge. He seems to be knowing more about it than probably anyone in the country. So I think that maybe he should be in Washington instead of Philadelphia. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you, Madam President. Madam President, I don't agree with all of the proposals that are coming out of Washington to overhaul Social Security, but I can tell you this, that part of the problem that I have with this resolution is the fact that I'm personally tired of being demeaned by the sponsor of this resolution. I'm a member of the Republican party. I'm proud of it. I just want to remind the sponsor, remember who's in the White House right now. Thank you.
Thank you. The Chair recognizes Councilman Mariano.
Thank you, Madam President. I won't belabor this much longer and I won't attack anybody. I would just like to commend my good colleague Councilman Cohen, because we all know how old he is and we joke around and he's our esteemed person. He doesn't need Social Security. That's from his heart. We talk a lot of BS issues here. This is important from his heart. His Social Security days, he could stop now and collect Social Security. So he's not worried about him, he's worried about myself who's 49 years old. So Councilman, I thank you. I thank you for thinking for everyone under 50 years old that will be affected by this. And thank you for making an issue that we should be able to talk about. Thank you, Councilman Cohen, and I hope you stay here forever; I really do.
To answer Councilman Kelly's question as to where all the facts come from, they come from a truly nonpartisan Congressional Budget Office which releases facts regularly.
Very well. Again, I recognize you, Councilman Cohen, for a motion.
I move that this body vote unanimously, but if they don't, at least that all Democrats support this resolution.
It has been moved and seconded that the resolution be adopted.
I really don't think we need it, but if that's what you want, that's fine
Aye. The ayes are 13, the nays are 3. A majority of all Members having voted in the affirmative, the resolution is adopted. The Chair recognizes Councilman Mariano.
The Chief Clerk will please read the title of the resolution. THE
A resolution authorizing Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 7th, 18th, 19th and 23rd Wards of the City of Philadelphia.
Move for the adoption of that resolution, Madam President. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilwoman Tasco.
Madam President I have no bills or resolutions today.
The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Miller.
Madam President, I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Nutter.
The Chief Clerk will please read the title of the bill. THE
An ordinance amending Section 17-109 of the Philadelphia Code entitled "Local Bidding Preferences," amending the terms and conditions under which a business entity may be certified or continue to be certified as a local business entity entitled to bidding preferences on City contracts.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.
Thank you. The Chair recognizes Councilman DiCicco.
The Chief Clerk will please read the title of the first bill. THE
An ordinance amending Title 4 of the Philadelphia Code entitled "Philadelphia Building Construction and Occupancy Code" by amending Subcode A, Section A-202 entitled "Duties and Powers of the Code Official."
The bill will be referred to the appropriate committee. THE
And an ordinance amending Title 9 of the Philadelphia Code entitled "Regulation of Business Trades and Professions," by amending Section 9-102 entitled "License and Permits" by providing that no license or permit shall be issued or renewed if the applicant is delinquent in payment of any school or district taxes, charges, fees, rents, or claims.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
The Chief Clerk will please read the title of the bill. THE
An ordinance authorizing the Water Commissioner on behalf of the City to enter into an agreement with the owners of the properties and their successors at 3101-3131 West Thompson Street for the grant of right-of-way for water main purposes, under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
The Clerk will please read the title of the resolution. THE
A resolution recognizing, honoring, and celebrating the Ivy Leaf School for its invaluable contribution as the oldest African-American independent school occasion of its 40th Anniversary.
Madam President, I forgot to mention that that resolution is cosponsored by Councilwoman Donna Miller and Councilwoman Marian Tasco. I move for the adoption of that resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. We will now have reports from the committees. Cohen for a report from the Committee on Law and Government.
The Vice Chair of the Committee, Councilman Kenney will be good enough to give the report.
Very well. The Chair recognizes Councilman Kenney.
Thank you, Madam President. The Committee on Law and Government reports one bill and one resolution with a favorable recommendation.
Thank you. The Chief Clerk will please read the report. THE
To the President and Members of the Council of the City of Philadelphia, the Committee on Law and Government to which was referred Bill No. 050107, entitled an ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Philadelphia Home Rule Charter creating a 5 entitled "Referenda Approved by the Voters," calling or the Pennsylvania General Assembly and the Governor to pass legislation that will permit Philadelphia to enact constitutionally lawful legislation to prevent and reduce gun violence; And resolution No. 050120, entitled a resolution proposing an amendment to the Home Rule Charter creating a new Chapter 5 entitled "Referenda Approved By the Voters," calling on the Pennsylvania General Assembly and the Governor to pass legislation that will permit Philadelphia to enact constitutionally lawful legislation to prevent and reduce gun violence; Respectfully reports it has considered the same and returns the attached bill and resolution to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Kenney.
Madam President, I move that the Rules of Council be suspended first reading this day of Bill No. 050107. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill No. 050107. All in favor will indicate by saying aye. (Aye.)
The ayes have it. And bill 050107 will be placed on today's First Reading Calendar. Resolution No. 050120 will be considered at the end of today's Calendar. The Chair now recognizes Councilman Clarke.
Madam President, earlier it was indicated that I was going to ask for a vote on the resolution. At the request of veteran member of Council, I will for a vote today. There was some concerns about the tradition of allowing the resolution to lay over a week along with the bill. I don't want to set a potentially bad precedent so I will hold that until next week.
Very well. Resolution No. 050120 will be placed on next week's Calendar. The Chair now recognizes Councilwoman Tasco for a report from the Committee on Public Health and Human Services.
Madam President, the Committee on Public Health and Human Services reports one bill with a favorable recommendation.
The Chief Clerk will please read the report. THE
To the President and Members of the Council of the City of Philadelphia, the Committee on Public Health and Human Services to which was referred Bill No. 050063, entitled an ordinance amending Chapter 10-600 of the Philadelphia Code "Public Places Prohibited Conduct," by prohibiting smoking in public places and in the workplace and providing for penalties, all under certain terms and conditions; respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Madam President, I move that the Rules of Council be suspended so as to permit first reading this day of this Bill 050063. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill No. 050063. All in favor will indicate by saying aye. (Aye.)
Those opposed? (No response.) 03/10/05 - STATED - 1ST READING
The ayes have it, and bill 050063 will be placed on today's First Reading Calendar. The next order of business is the consideration of the Calendar. The Chief Clerk will please read the title of the bill on the First Reading Calendar. THE
Bill 050107, an ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Philadelphia Home Rule Charter creating a new Chapter 5 entitled "Referenda Approved by the Voters," and Article 8, "Provisions of General Application," creating a new Section 8-500 entitled "Home Rule Power to Prevent and Reduce Gun Violence" and fixing a date of a special election for such purposes.
And Bill No. 050063, an ordinance amending Chapter 10-600 of the Philadelphia Code entitled "Public 03/10/05 - STATED - 2ND READING Places Prohibited Conduct," by prohibiting smoking in public places and in the workplace and providing for penalties, all under certain terms and conditions
The Chair agrees. That concludes our First Reading Calendar. The Chair now recognizes Councilwoman Blackwell for the purpose of calling up the bills on the Second Reading and Final Passage Calendar to be called up for consideration.
Thank you, Madam President. Today, Bill No. 040133, 040818, and 040772 are being called up for the purposes of amendments. All other bills are being held.
Thank you. The Chief Clerk will please read the title of Bill No. 040133. THE
An ordinance amending Section 17-104 entitled "Prerequisite to the Execution of City Contracts," by adding 03/10/05 - STATED - 2ND READING a new subsection entitled "Slavery Era Business Corporate Insurance Disclosure" to promote full and accurate disclosure to the public about any slavery policies sold by any companies or profits from slavery by other industries who were doing business with the City of Philadelphia.
Thank you, Madam President. I make a motion to amend Bill No. 040133 and would like to briefly speak on it. (Duly seconded.)
Thank you, Madam President. I have circulated amendments to Bill No. 040133, which I ask my colleagues to support. These amendments clarify the timing of when disclosure is to occur. The Administration indicated to me that the 90-day window, and I agree, would be problematic as 03/10/05 - STATED - 2ND READING far as letting out a contract and then waiting for the information after the City has engaged in the contract. So instead, the amendment request will happen at the time of the signing of the contract. We are, in fact, shortening the time from 90 days to the exact date of the signing of the contract. And I respectfully request an aye from my colleagues on this amendment.
It has been moved and seconded that the amendment be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the amendment is passed. The Chief Clerk will please read the title of Bill No. 040818. THE
A resolution proposing an amendment to the Philadelphia 03/10/05 - STATED - 2ND READING Home Rule Charter relating to city leases, contracts, concessions and the provisions of financial assistance and providing for the submission of the amendment to the electors of Philadelphia.
Thank you, Madam President. Madam President, I have circulated an amendment to Resolution No. 040818. It is a technical amendment suggested by the Law Department. And in essence, it changes the word "approved" to "authorization" in a couple of places that it is listed.
Madam President, I have circulated a highly technical amendment that has been recommended by the Law Department to Resolution No. 040818 which, in essence, for Law Department purposes, changes the word "approval" to "authorization" in a couple different places throughout the resolution. 03/10/05 - STATED - 2ND READING
Okay. Are there any questions from Members? The Chair recognizes Councilman Mariano.
Councilman, much more brilliant minds than myself with legal training from the Law Department have determined that the word "authorization" is the appropriate term that is consistent with other provisions either in the Home Rule Charter or in the Philadelphia Code. And it was at their suggestion that this change is being made. It does not make a material difference in the substance of the proposed Charter change, but there is a consistency issue that they felt important.
The Chair recognizes Councilman Nutter for a motion. 03/10/05 - STATED - 2ND READING
Thank you, Madam President. I move the adoption of the amendment. (Duly seconded.)
Is this the resolution that accompanies the bill for next week?
I asked him if this is the resolution that accompanies the bill for next week, Bill 772?
Yes, Councilwoman Tasco. This is the actual proposed amendment to the Home Rule Charter which grants authorization to then have the Bill 772 or any other legislation related to contracts. So, yes, the two do go together. But I need the amendment on the one to accommodate the interest of the Law Department.
You're welcome. It has been moved and seconded that the amendments proposed by Councilman Nutter regarding Resolution 040818 be adopted. All in favor will signify by saying aye. (Aye.)
Well, while you're thinking, we'll continue on with the roll call. THE
Aye. Councilman Cohen, have you made up your mind?
The nays are 5, the ayes are 11. The amendment has been adopted. The Chief Clerk will please read the title of Bill No. 040772. THE
An ordinance amending Title 17 of the Philadelphia Code entitled "Contracts and Procurement," by adding provisions regulating the process by 03/10/05 - STATED - 2ND READING which the City awards professional service contracts and other noncompetitively bid contracts and prohibiting persons from entering into such contracts or from receiving city financial assistance if they are or certain related parties have made certain contributions to elected city officers or candidates for city offices, all under certain terms and conditions.
Thank you, Madam President. Madam President, amendments to Bill 040772 have been circulated. This has also been a topic of great discussion. I just briefly want to add to the record that the purpose of these amendments is to provide clarification to a variety of places in the legislation as well as ensure that there are no unintended consequences in an effort to move forward this particular issue or provide for a legitimate process for the award of no-bid contracts. I appreciate the many conversations 03/10/05 - STATED - 2ND READING that I've had with my colleagues in expressing concern about our social service network which is critical to the City's operation. Those issues, I believe, have been addressed and resolved. As well as, certainly, no intention to impact our many good non-profit organizations that contract with the City or have high profile, very actively involved board members and that the activities, political or otherwise, of those board members would have no affect on the operations of the non-profit organizations. Those are the major proposed amendments. And I would at least again ask for passage of these amendments to put the bill in what I believe, and many others, will be its best form. We can obviously have a debate about the particulars of that, but so that there's no confusion in lack of clarity on what the bill does and what the bill doesn't do, I would at least ask for consideration for the approval of the amendments, recognizing that that does not necessarily indicate how Members would vote. 03/10/05 - STATED - 2ND READING In the earlier session today, notwithstanding good conversation between myself and Councilman Mariano in the Committee of the Whole, he certainly knows how I feel about his particular measure, but we conducted ourselves in a very civil fashion. I did support his amendments, because I think he has a right to have his legislation in the form that he would like, and still reserve the right as a Member of Council to take subsequent action on the amended bill or resolution. So I would only ask for the same consideration in this particular matter. So I move the adoption of these amendments to Bill 040772. (Duly seconded.)
It has been moved and seconded. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I want the record to be very clear why I will be voting no on these amendments. 03/10/05 - STATED - 2ND READING I do think my colleague has done a great job in trying to address the whole issue of pay-to-play, and I agree wholeheartedly that we need to address this issue. However, I have some serious concerns about the way that we have proceeded in this fashion to address those issues. Yes, he did respond to some of the concerns I raised, and there were additional concerns that were raised. I think we need to curb the pay-to-play culture in this City. I don't believe elected officials get up in the morning and decide they're coming downtown to defraud the public. Most of us get elected because we want to do something good for the community. And I wholeheartedly support, I want the record to show, that we as a City Council have to do something about pay-to-play. I believe if I support the amendments, it sends a mixed signal how I feel about the legislation, so that's why I will be voting no on the amendment and will have further comment about legislation at the appropriate time. 03/10/05 - STATED - 2ND READING
Thank you. It has been moved seconded that the amendments proposed by Councilman Nutter -
Thank you, Madam President. Madam President, I also, like my colleague Councilwoman Tasco, would like to go on the record indicating my non-support for this particular amendment in this particular bill. I also would like to commend Councilman Nutter who has been working on this for some time. He and I have had substantial conversations over the last couple of weeks. I am concerned about the number of amendments on this particular issue, the number of different positions on this particular issue, the misunderstanding by a number of people, individuals and organizations about this particular issue. Because of that, I cannot 03/10/05 - STATED - 2ND READING support these amendments of this bill at this time. But I, on the record, clearly want people to understand that I am for substantive ethics reform. I don't think, frankly speaking, this bill goes far enough in some issues or even reference some issues that I think should be on the table. While I can't vote for this particular amendment and this particular bill, I want for the record to understand that I will, in fact, look to support something that addresses the problem that we have in the City of Philadelphia. And the first thing we need to do is identify the problem and then respond to the problem. So I just want to make that on the record, that while I am for ethics reform, this particular bill at this particular time is just not something that I can be supportive of.
Thank you, Councilman. The Chair recognizes Councilwoman Brown.
Thank you, 03/10/05 - STATED - 2ND READING Madam President. These proceedings today clearly remind me of the discussion and the debate we had during tax reform. All of us were at a place where we all agreed that our City should engage in tax reform. The prevailing question was, how deep should be the tax cuts. Most of us in this legislative body clearly believe there's a need for ethics reform. The question is how far or overreaching should we move to crafting ethics legislation. So I will accept the work of Councilman Michael Nutter and honor his request to move these amendments forward since they, as he has said, move us in the direction of a better bill. My support of the amendments today should not reflect or infer that I will be supporting the bill next week. If these amendments move us to a better bill, I support that. Should we discover over the next seven days that there are still concerns and issues raised in the bill that have not adequately been satisfied, then next week there may be indeed a different decision. 03/10/05 - STATED - 2ND READING Thank you, Madam President.
Thank you. The Chair recognizes Councilman Kenney.
Thank you, Madam President. Just from my perspective, I would like the record to reflect I don't believe we're voting on ethics reform in Bill 772. This is a bill to reform the way in which the City of Philadelphia awards no-bid contracts. The ethics legislation is still in Committee, will be discussed and determined at a future date. But in some ways this ethics reform and contract reform has gotten tangled up together, and that should not be the case. Our problem -- and I think Councilman Nutter has worked hard to address the problem -- is there was no transparent process for the award of professional services and no-bid contracts. This Bill 772, as amended, does not take the power away from any Mayor. The Mayor still has the ability to award the contract. But the disclosure of 03/10/05 - STATED - 2ND READING campaign contributions and consultant hirings and other things are necessary for people to believe that this is a fair process. And that's all it is. It doesn't change anything. When it comes down to the three most competent bidders for bond counsel, the Mayor still has the ability, any mayor, has the ability to select that individual. But the public will have the information disclosed to them. This is not ethics reform. This is contract award reform, and I think it's sorely needed. So I want the record to reflect that from my perspective. Thank you.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, the last statement that my good friend and colleague Councilman Kenney brings my point to light. People think we're doing ethics reform. And I'm not clear that this is truly ethics reform. So that's one of the reasons why I'm extremely concerned about voting for this when 03/10/05 - STATED - 2ND READING the impression is that we're doing one thing, and in some folks estimation, as Councilman Kenney just indicated, that's not what we're doing. So I just want to again say that we need to look at this, have a broad base of people looking at this, particularly involving all of the various agencies that will be affected and sit down and craft something that truly gets us to where we need to get. So I just wanted to respond to that.
Thank you. The Chair recognize Councilman Goode.
Thank you, Madam President. I will be supporting this amendment as well as the legislation next week and actually salute Councilman Nutter for being willing to amend his legislation again to address a number of concerns that were out there. I believe, as many people have said, that this process is a long time in coming, and people are further delaying it. It's my belief that there will never be perfect legislation because if there was 03/10/05 - STATED - 2ND READING perfect legislation on the books, there would be no need for us to be here. We constantly amend the Code and add things to the Code, and that can be done in a process that should only take a month or two or a few months or as long as it needs to take. But we can even amend this legislation moving forward. My problem with some of the comments that are made, one, if we were going to vote on a full package of ethics reform proposals, we would still be voting bill by bill. We would never be taking a vote on all the bills at one time. And that's all we're doing right now is voting on it bill by bill, and this is the only bill to be considered right now to be amended and the only bill to be considered on final consideration next week. As to confusion out there by certain organizations, I don't believe it's that much confusion or that much complication in seeing why they take the positions they take. And this is not meant to be overly negative, but the Chamber of Commerce takes a position against this bill before it was amended 03/10/05 - STATED - 2ND READING because they are a non-profit organization that receives money from the City in a no-bid fashion for Select Greater Philadelphia. They, of course, have board members that give campaign contributions. They would have to take a position against this bill before it was amended because essentially it was taking a million dollars away from them in terms of Select Greater Philadelphia. And there are other organizations like that, some of whom I happen to be very friendly with, community development organizations, other social services organizations, that receive the same type of no-bid contracts that also are not fair. It's not just a matter of whether someone receiving a for-profit contract or a not-for-profit contract, the way no-bid contracts are done has to change. So I suggest that we move forward, that people realize that there is always going to be things to nitpick in these amendments and things to nitpick in terms of final version of this bill when it is actually voted on. But as legislators, what we do is change 03/10/05 - STATED - 2ND READING the Code every week, every time we have an opportunity to do it, and we can make this a better bill by amending that legislation. I happen to have offered campaign finance reform legislation well over a year ago. People have nitpicked that bill. There are currently three bills in Council to amend that legislation, which I welcome. I won't be supporting all of them, but I welcome most of them. We can always go back and do it better, but the issue is whether we're going to do something now or whether we're not. Thank you.
Thank you. The Chair recognizes Councilman Cohen.
I would like to hear Councilman Nutter on the question as to whether he agrees with Councilman Kenney's interpretation.
Thank you, Councilman. Is this the issue of whether it's contract reform or ethics reform? Is that the issue? 03/10/05 - STATED - 2ND READING
That's the question that Councilman Kenney referred to.
I appreciate that, Councilman. And I will make comments with regard to both Councilman Kenney's remarks and Councilman Goode, both of which I appreciate. What often happens here is when a package of bills are introduced -- and I think Councilwoman Reynolds Brown may have referenced tax reform. I introduced 13 bills that came from the Tax Reform Commission. Only a few were passed. But they are individual bills, as Councilman Goode points out. They have to be taken on their own merits or demerits. They will rise or fall and stand alone if they make it through the process. I think what happens is, whether by conversation or media commentary, how these packages are characterized often shape the discussion. You will not find anything in Bill 040772 about ethics. Bill 040772 comes as a part of the series of recommendations by the 21st Century Review Forum, which was 03/10/05 - STATED - 2ND READING created by Mayor Street. And they recommended that we do something in the contracting area, they recommended that we create a new board of ethics, and they recommended that we make adjustments to our Code so that you could read it all in one place and not have to search over four different pieces of documents or information. Bill 040772, I believe, does seek to address professional services and no-bid contracts and how they are awarded. The Ethics Board -- and we have a temporary one now and, if we create one under the Charter we'll have a permanent one -- will deal with the issue of ethics. All of this has been discussed in a larger context of ethics. This is reforming our contracting process which will shed more light, as Councilman Kenney said, on the process and make those opportunities more available to people on a broader fashion. And if we can help to remove the belief that somehow there is a connection between contribution and the award of contracts, that improves the process 03/10/05 - STATED - 2ND READING and it also improves the belief of citizens with regard to the integrity of this process. So there is certainly some connection, but it is not direct. This bill can stand on its on, notwithstanding other bills that are still in Committee. It reforms the contract process. It is not pure ethics reform because we don't have any ethics bills in front of us. You will not find that word in this bill. I'm sorry, Councilman, for the long answer, but I think, hopefully, it's responsive.
Madam President, I've often found that at the beginning of a difficult debate that things become clear, then they get confused again, gets clear and so forth until there's full understanding. My problem with these bills is that as we increasingly discuss them, we're at the stage where we're learning new questions that come up and raise all kinds of problems. I'm prepared to support the amendment today, but, again, with the same noncommittal with respect 03/10/05 - STATED - 2ND READING to next week because if something develops over the next week that has not been discussed and it seems important, like the impact on non-profits, I want to be in the position to consider it. I must say I reject absolutely, totally and completely and would use every other adjective I know of to address Councilman Goode's question that the only issue before us is whether we're going to act or not. That seems to me to make zero out of legislators' serious efforts to find out what they're voting for and the full impact and effect of legislation we pass. I don't think it's accurate to say we can always amend. We can always do anything we want to do, but the impact is not always clear. And once legislation gets enacted in the field of ethics, particularly, it may get very difficult because we don't know what forces are going to rise in support or in opposition to suggested later reforms. Therefore, I've always favored making sure that everybody is fully informed on a subject of this 03/10/05 - STATED - 2ND READING importance. So I'm going to vote to move the process forward, but, again, with the same kind of commitment that one or more of my colleagues have expressed this morning with respect to the vote next week. But I find that the more discussion there is at this stage often turns a clear subject into a confusing one, just the reverse of what more conversation is supposed to do. Thank you, Madam President.
You're welcome, sir. The Chair recognizes Councilman Kelly.
Thank you, Madam President. I don't know if these amendments or the bill is contract reform. I don't know if it's ethics reform. But I do know it is reform. I think it's going to address a problem that we've had in this City for years. And I think that anything that's going to reduce the amount of no-bid contracts in this City and also make the no-bid contracts more 03/10/05 - STATED - 2ND READING transparent by putting everything out on the line, I think is going to be helpful. I want to commend Councilman Nutter for doing a good job on this. Now, as I said before, this is only one bill. We have many, many more to go. And I think this is a first start. I think this is something we have to do. We have to address this problem because I think it's the biggest problem that the City faces today. I think this is where the pay-to-play is really prevalent. And I think anything that's going to make these bids more transparent is going to be the best interest of the City. I think it's for good government. Therefore, I will be supporting these amendments and the bill today. Thank you.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I will be brief to respond to Councilman Cohen's remarks and for clarity of the record. 03/10/05 - STATED - 2ND READING I'm not trying to rush anything. This bill happens to be on second reading and final passage, and that's the point at which the sponsor can amend it. The bill will be on final passage next week whether the amendments are approved or not. This is our schedule. This is how legislation proceeds. Needless to say, I'm very happy that the bill is out of the Law and Government Committee, but I am not suggesting that we have to vote on anything before the schedule automatically take place.
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I first want to commend Councilman Nutter for taking the time. And I know he spent lots of hours. I left here the other night at 9:00, and he was here working on amendments to this bill. This bill makes me feel very uncomfortable. I know absolutely he's 03/10/05 - STATED - 2ND READING entitled to the amendments. Normally, I vote yes for amendments because I believe it should be there and we have a need to actually discuss them and adjust certain things in the bill. This bill, last week, when I first read it concerned me because it had a terrible impact on the non-profit world and the social service and human service world that I came from. And it kind of makes me feel -- and I'll be voting no today on these amendments because I don't want to give the illusion that I will be supporting this bill next week. It kind the makes me feel, someone that came from the non-profit world as volunteer -- I volunteered many hours on many boards -- that my contributions that I have a right, first of all, to contribute to whomever it is that I want to contribute to, but I don't want to do it in an air of and in an environment of feeling like I'm participating in wrongdoing. I have never contributed to anyone with the idea that I'm going to get something. It's just all about good government and support for 03/10/05 - STATED - 2ND READING that person. So I will be voting no today on these amendments.
Thank you. Does anyone else want to be recognized? The Chair recognizes Councilman Rizzo.
Madam President, I think we would be criticized, in fact, if we didn't try to fix first the problem the pay-to-play is all about. So I plan to vote for amendment. You must fix the problem. This is part of ethics. The people that don't want to abide, maybe we have to force them to abide and by making these changes to the way we do business will maybe force and make people be honest until we get the rest of this done. Again, Councilman Nutter, I appreciate your hard work on this. Thanks.
Thank you. Does anyone else want to be recognized? (No response.) 03/10/05 - STATED - 2ND READING
Seeing no one, Councilman Nutter made a motion. It was seconded that amendments to Bill No. 040772 be adopted. I would ask that the Chief Clerk call the roll. THE
The amendment are adopted. The ayes are 11, the nays are 5. That concludes our Calendar for today. Are there any speeches on the part of the Minority? (No response.)
Are there speeches on the part of the Majority. The Chair recognizes Councilwoman Brown.
Yes, Madam President. I want to commend Councilman Nutter on the issue of Lower Merion School District making the decision to park their buses in the 38th Ward. And I commend him for aggressively addressing the issues that were raised by the residents in both his district and the district of Donna Reed Miller. And I would like to ask him at this hour to provide us a factual update of the status of that particular circumstance. The Lower Merion bus County, if you could just provide us with an update at this hour.
Thank you, Councilwoman, for the question. On Monday night, there was a rescheduled meeting of the Lower Merion School District Board to talk about a variety of things, but the bus issue was one of the topics of conversation. A number of residents from East Falls, Allegheny West, and North Philadelphia, along with our ward leader from the 38th Ward, Ralph Winder, and I were there. There was an opportunity to speak. I expressed civilly but strongly my opposition to the proposal to relocate or locate a bus depot at the site. The Board gave us a presentation as to what their challenges and difficulties are. And I'm certainly very sensitive to that and will work with another municipality, but that proposal is unacceptable. We've also communicated that to the owner of the site, Preferred Properties, and have also had conversation with various elected officials on Board of Supervisors. This is a very serious issue. Very significant opposition. And as much as I always want to be in a cooperative relationship with other political jurisdictions, there is a disagreement here, but also a commitment by the School District Board Members as well as the Township Commissioner to work in cooperation with Philadelphia to see if alternatives can be explored. This is a very tough issue for the School District as well as the parents and kids over there, but it is unacceptable at that particular site. It's a bad use of the site. It will lead to excessive traffic and congestion problems, and invariably it will be impossible for 100-plus buses four times a day to guarantee their presence solely on the Roosevelt extension of the expressway because it's already congested. The alternative routes are places like Henry Avenue, Midvale Avenue. And the drivers, in order to get the time, may be creative on their on own in terms of where those buses go. So for all of those reasons, there is opposition, but we want to try, as best we can, to amicably resolve this matter between the two political jurisdictions. That's the latest information.
Thank you, Madam President. As I said in the beginning, I commend my colleague and my District Councilperson for his aggressive attention to this issue. And I thank you, Councilman Nutter, for the update. Thank you, Madam President.
You're welcome. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. Madam President and colleagues, Tuesday, through the local newspaper, I was pleased to learn that the Mayor signed a new Minority Business Enterprise Council last Friday. In reading the Executive Order, MBEC has been reauthorized with a broader scope to address the issue that disadvantaged businesses, as indicated in the 2000 D.J. Miller & Associates study, are significantly underrepresented as vendors in City contracts. However, in reading the Executive Order, I am greatly concerned regarding a key issue. The new Executive Order does not call for an annual disparity study, as required by Bill 030125 that was approved by the Mayor in 2003. One of the strongest points of the bill is that it calls for the City to have a disparity study conducted on an annual basis. Through an annual disparity study, the City will be able to appropriately defend itself against legal challenges to participation goals for disadvantaged businesses because these goals that are remedies for past discrimination are narrowly tailored on an annual basis. In well-established federal case law, it is clear that the City's remedies for past discrimination must be narrowly tailored to address this discrimination. In this regard, we are still moving forward with litigation approved by Council to enforce Bill 030125. Over a month ago, City Council President Ann Verna sent a letter to the City Solicitor asking him to prepare a legal service contract for this matter. Further, the Council President called the City Solicitor approximately 10 days ago regarding this matter, and the call has not been returned. Accordingly, we are calling on the City Solicitor to respond to the letter and call from the Council President so that Bill 030125 will be enforced to support disadvantaged businesses in our City. Thank you very much.
You're welcome. Are there any other speeches on the part of the Majority? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco for a motion to adjourn.
Madam President, I move that Council stand adjourned until Thursday, March 17th at 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, March 17th. All in favor will say aye. (Aye.)
The ayes have it, and the motion carries. (Council adjourned at 12:02 p.m.) C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, March 10, 2005, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING _________________________ Lisa C. Bradley, RPR