COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, April 3, 2008 10:10 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO 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, everyone. I note that the hour has come and that a quorum of this Council is present. Council will 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 Reverend Cheryl Joachim of Holy Temple Deliverance Church. She is here today as the guest of Councilwoman Miller. I would ask all guests and members to please rise. (Everyone rises.)
Let us pray. Father, we thank you today and we bless you, God. We give you glory and honor as we come before your people, God. We pray right now, God, that as this Council begins to do the things that this City needs, God, and as they begin to go over bills and legislation, God, we pray them clarity of mind and thought, God. We pray right now, God, that you would have your way in everything that's done, God, that you would get glory and that they will continue to bless your people in all things that they do. In Jesus' name we pray, with thanksgiving, and we say amen. (Amen.)
The Chair thanks Reverend Joachim for her very inspiring invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, March 27, 2008, and the Chair recognizes Councilwoman Tasco.
Madam President, I move that the Journal of the meeting of Thursday, March 27th stand (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, March 27th, 2008 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the Journal is approved. The next order of business is requests for leave of absence, and, again, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. On behalf of the majority, there are no requests for leave of absence today.
Madam President, there are no requests for leave of absence from the republicans.
Thank you. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as attend to the legislative affairs of our City. We certainly invite you to come again. At this time, the Chair recognizes Councilwoman Krajewski, who will present a resolution recognizing PECO Energy's Worker Safety Program. Will Ms. Jean Holderried and those accompanying her please join the I see the Councilwoman is being joined by Councilman Greenlee and Councilman Rizzo. Councilman Clarke, I believe Councilwoman Krajewski would like you to join her in this presentation.
Thank you, Madam President. This is a resolution recognizing PECO Energy's Worker Safety Program that averted a tragedy on February 27, 2008 when two linemen were rescued atop a 130-foot tower. Whereas, PECO linemen Christopher Russell and David Acree were doing maintenance on a transmission line near Chester Pike and Oak Lane in Folcroft when the bucket of their high-lift truck malfunctioned about 9:45 a.m. on Wednesday, February the 27th, 2008; and Whereas, recalling the safety procedures and preventative measures to their employees through training and classes, Russell and Acree followed proper safety procedures and quickly harnessed themselves to a tower pole 130 feet above the ground and radioed for help;
Whereas, a helicopter was dispatched from the United States Coast Guard stationed in Atlantic City, New Jersey knowing that that was the quickest and safest rescue method for the two stranded workers; and Whereas, for over two hours, Russell and Acree clung tightly to an arm of the transmission tower and balanced themselves on a very thin power line; and Whereas, the United States Coast Guard crewman suspended on a rescue line cord was lowered to the tower arm, fierce and high winds blew him side to side in the air before grabbing Russell for rescue. Ten minutes later, Coast Guard crewman wrapped his legs around Acree's torso and they were reeled in; Whereas, the PECO employees were taken to Mercy Fitzgerald Hospital in Darby, PA. Both had symptoms of hypothermia but no other injuries and were released later that day; and
Whereas, a tragedy and fatality was averted due to PECO's vigilance in their worker safety program as they strive to make all workers educated and experienced in work-related accident scenarios where precaution and prevention trump everything else, and PECO is to be commended for their program and their stance on worker safety; and
Whereas, in the past years, PECO's worker safety programs and performance have been recognized by the Energy Association of Pennsylvania and the Pennsylvania Department of Labor and Industry giving PECO a "Best in Class" performance rating; and Whereas, throughout the year, PECO's safety professionals reach out to contractors, school groups and municipal emergency personnel with safety education programs to share important safety cautions, especially around electric and natural gas facilities; and
Now, therefore, the City Council of Philadelphia, wholeheartedly thanks the members of the United States Coast Guard based out of Atlantic City, New Jersey for their daring and courageous rescue that day and also commends PECO Energy for their worker safety programs and procedures they instill in their employees, and for that, today we are here to celebrate the rest of the lives of Acree and Russell instead of their memories. This is a true and correct copy, signed by the President of City Council and sponsored by all members of City Council. (Applause.)
The Chair recognizes Ms. Holderried for remarks.
Thank you. I'm very happy to represent PECO and the overhead transmission crew that were involved in the event on February 27th, and I'd like to thank City Council and Mrs. Krajewski for your recognition of our safety performance. Our focus on safety at PECO is the foundation of everything that we do, and we strongly believe that all injuries can be prevented. This is a joint effort for our workforce and our management team, and we're hoping that you see some of our safety efforts in your neighborhoods and with your constituents. I'm very happy that Chris Russell and David Acree are here with us today and that their families were able to join and this team did respond very professionally and reacted according to believe that we all gained a better appreciation for the work that our folks do to keep the lights on, and, again, I'm very happy that Chris and Dave are here with us today. Thank you. (Applause.)
The Chair now recognizes Councilwoman Blackwell, who will present a resolution recognizing Mr. Kofi Asante and the National Comprehensive Center for Fathers. Will Mr. Asante and those accompanying him please join the Councilwoman at the podium. The Councilwoman is being joined by Councilman Jones.
Good morning. I'm grateful. I always thank and privilege of making this presentation. As you see, we have a very, very important team, and many of you know of the work of Mr. Kofi Asante. And certainly I would be remiss if I didn't mention Arthur James, who has been a friend for some 40 years. Resolution recognizing Mr. Kofi Asante and the National Comprehensive Center for Fathers for their efforts to help fathers who have lost their jobs and homes or who are reentering the workforce following incarceration by providing job training and other supportive services. Whereas, the National Comprehensive Center for Fathers, NCCF, is a non-profit organization dedicated to helping men transition from unemployment, homelessness and incarceration to become better fathers, employees and citizens; and
Whereas, NCCF is structured using fraternities as a model to provide a sense of belonging who may not have ever experienced the support of other men; and Whereas, NCCF's efforts to help men to transition include Work-N-Style program, which provides free clothing suitable for job interviews and court appointments; and Whereas, NCCF's Work-N-Style program provides work attire for more than 1,000 men annually and also offers free haircuts and grooming products; Whereas, NCCF also provides mentoring services to men in transition in its Men-to-Men mentoring program to cultivate fatherhood and employment skills; and
Whereas, through its Legal Services for Responsible Fathers program, NCCF helps men in transition to understand their rights and obligations in legal issues related to family law, criminal law, traffic and civil court systems; and Whereas, NCCF conducts job readiness workshops and resume development training through its Job Education Management Services program, allowing many of those who are difficult to place gain reentry into the workforce; Now, therefore, be it resolved, that the Philadelphia City Council recognizes Mr. Kofi Asante and the National Comprehensive Center for Fathers for their efforts to provide job training and other supportive services to fathers who have lost their jobs and homes or who are reentering the workforce following incarceration. Further resolved, that an engrossed copy of this resolution be presented to Mr. Asante and the National Comprehensive Center for Fathers as a sincere expression of City Council's acknowledgment and appreciation. Certification, that this is a true and correct copy of the original resolution, adopted by the Council of the the 13th day of March 2008. It's signed by our President, Anna C. Verna, introduced by Councilman Curtis Jones and myself and sponsored by all members of Council. Thank you very much. (Applause.)
Thank you, President Councilwoman Anne Verna, and a special thank you to Councilwoman Jannie Blackwell and Councilman Curtis Jones. And I'd like to be able to thank all of the Councilpeople here for recognizing us today and as an organization that is dedicated to uplifting fathers in our community and restructuring the family structure that we know has long been destroyed. And we are here to be able to work constantly every day to put fathers back into the households so that they can be again responsible for themselves and their children. Center for Fathers, we believe that we are providing a spiritual rebirth that leads to character-building for the men that you see here today. And we are very proud of all of these fathers that are here today and also of the staff of the National Comprehensive Center for Fathers. A leader is only as good as the people that he is privileged to work with, and the staff here for the National Comprehensive Center for Fathers is outstanding, from Joanne Evans to Arthur James to Angela Williams to Omar Nelson and to so many other names that I can't name them all, because I'm not giving them all a raise, because I don't want them to come to my office this afternoon. Anyway, but we're very, very appreciative of this day and this acknowledgment, and we just hope that we continue to have your blessings to continue this work and also to develop the relationships with you that don't you can support what we do in a way that is needed, the resources that are needed, the supportive services, the contacts that you have in order to be able to provide us with a better way to help these fathers, whether it be through housing, whether it be through the electric company or the gas company or whatever the other contacts that are here that can be able to move these fathers further to being responsible and being good citizens to this great City of Philadelphia. Again, we thank you, and God bless. (Applause.) (Council at ease.)
The next order of business is communications. I'm sorry. The noise level is much too high. Thank you. The Chair requests that the Sergeant-At-Arms deliver the messages to the Chief Clerk. The Chief Clerk will from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on March 28, 2008, I signed all of the bills that were passed by Council at its session on March 27, 2008; and I am transmitting for the consideration of your honorable body a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Tioga Urban Renewal Area; and An ordinance approving the fourth amendment of the redevelopment proposal for the American Street Industrial Corridor Urban Renewal Area.
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 Councilman Kenney.
Thank you, Madam President. I offer one bill and one resolution.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," to require the recycling of construction and demolition debris, all under certain terms and conditions.
The bill will be referred to the appropriate committee.
And a resolution recognizing and thanking PennDOT for responding quickly to a cracked support column under I-95 between Ann and Cambria Streets.
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 indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I offer one resolution.
The Chief Clerk will please read the title of the resolution.
A resolution declaring April 2008 as Autism Awareness Month.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Tasco.
Madam President, I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I offer one resolution.
The Chief Clerk will please read the title of the resolution.
A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Tioga Urban Renewal Area.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Sanchez.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance approving the fourth amendment of the redevelopment proposal for the American Street Industrial Corridor Urban Renewal Area.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Green.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Jones.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution honoring and congratulating Coach Philip Beauchemin and the Overbrook High School Mock Trial Team members on their third victory in the Pennsylvania Bar Association's Mock Trial Competition.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I have no bills or resolutions this morning.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. No bills or resolutions today.
Thank you. The Chair recognizes Councilman O'Neill.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 32nd Ward of the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 16th, 32nd, 43rd and 47th Wards of the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution recognizing, honoring and celebrating the North Catholic Falcons Basketball Team on the occasion of their 2008 championship season.
I move for the adoption of this 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 next order of business is reports from committees, and the Chair recognizes Councilman Kenney for a report from the Committee on Rules.
Thank you, Madam President. The Committee on Rules reports two bills out with favorable recommendations.
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 Rules, to which was referred Bill No. 080255, entitled "An ordinance to amend the Institutional Development District Master of Philadelphia by allowing for the construction of a new building to be used for additional classroom space"; and Bill No. 080256, entitled "An ordinance to amend the Institutional Development District Master Plan of Community College of Philadelphia by allowing for the construction of an addition to the already existing building to be used for additional classroom and educational space at the College," respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I move the rules of Council be suspended so as to permit first reading this day of Bill Nos. 080255 and 080256. (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 the bills just reported from committee. All in favor will say aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. The Chair recognizes Councilman DiCicco for a report from the Committee on Streets and Services. COUNCILMAN DiCICCO: Thank you, Madam President. The Committee on Streets and Services reports 14 bills out and one resolution 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 Streets and Services, to which was referred Bill No. 080204, entitled "An ordinance amending Chapter 12-3000 of The Philadelphia Code by authorizing the installation of red light enforcement systems at the intersection of 58th Street and Walnut Street"; and Bill No. 080207, entitled "An ordinance granting permission to ABEER, owner of the property Oak Lane Diner, for the operation and maintenance of a sidewalk cafe covered by a canvas tent on 66th Avenue"; and Bill No. 080210, entitled "An ordinance amending Chapter 12-2400 of The Philadelphia Code by changing the weight classification for certain boot, removal fees"; and Bill No. 080211, entitled "An ordinance amending Chapter 12-3000 of The Philadelphia Code by authorizing installation of red light enforcement systems at the intersection of 9th Street and Roosevelt Boulevard and the intersection of Hunting Park Avenue at Broad Street"; and Bill No. 080244, entitled "An ordinance amending 12-2700 of The Philadelphia Code by restoring the permit parking and renewal fees within certain permit parking districts to their pre-2007 levels"; and Bill No. 080246, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan Nos. 240 and 296 by placing on the City Plan River Road from the existing northwesterly terminus of Nixon Street"; and Bill No. 080247, entitled "An ordinance authorizing the construction of work in portions of River Road and Nixon Street"; and Bill No. 080248, entitled "An ordinance authorizing the paving of River Road from the existing northwesterly terminus of Nixon Street to a point approximately ten feet southeast of the Philadelphia-Montgomery County Line"; and Bill No. 080254, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 120 by striking from the City Plan and vacating Harlan Street and Sharswood Street"; and Bill No. 080276, entitled "An ordinance amending Chapter 12-900 of The Philadelphia Code, entitled 'Parking Regulations and Penalties,' by regulating on-street parking of boats, motor homes, truck campers and vending carts"; and Bill No. 080279, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion 52-S and 53-S by placing on the City Plan 26th Street from Penrose Avenue to a dead end"; and Bill No. 080280, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 367 by placing on the City Plan a variable width right-of-way for drainage purposes on the southwesterly side of Welsh Road"; and Bill No. 080281, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 190 by striking from the City Plan and vacating the northeasterly two-feet-wide portion of Stout Road"; and Bill No. 080282, entitled "An ordinance amending Section 2 of Bill No. 050952 by revising the terms and conditions stated therein and extending the period for compliance"; and Resolution No. 080264, entitled "A resolution approving the submission of a Sewage Facilities Planning Module to Environmental Protection proposing a revision of the Official Sewage Facilities Plan of the City regarding disposal of sewage from properties located along River Road," respectfully reports it has considered the same and returns the attached bills and resolutions to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move that the rules of Council be suspended today as to permit first reading today of all the bills that have just been read into the record, with the exception of Bill Nos. 080246, 080247, 080248, 080279 and 080280. (Duly seconded.)
It properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee, with the exception of Bill Nos. 080246, 080247, 080248, 080279 and 080280. 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. All other bills will be placed on our First Reading Calendar for the next session of Council, and Resolution No. 080264 will be considered at the end of today's Calendar. The Chair now recognizes Councilman Green for a report from the Committee on Labor and Civil Service.
The Civil Service reports one bill 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 Labor and Civil Service, to which was referred Bill No. 080003, entitled "An ordinance amending Section 20-101 of The Philadelphia Code, entitled 'Residence Requirements,' by providing that certain employees in the civil service need not be a bona fide resident of the City when appointed, but must establish and maintain bona fide residence in the City within six months after appointment," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you, Madam President. I congratulate Councilman Kenney on his years of effort on getting this bill passed, and I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 080003. (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 the bills just reported from committee. All in favor will say aye. (Aye.)
The ayes have it, and the bill just read will be placed on our First Reading Calendar 4/3/08 - STATED - 1ST READING for today. The next order of business is consideration of the Calendar. I would ask the Chief Clerk to please read the bills on the First Reading Calendar.
Bill No. 080255, an ordinance to amend the Institutional Development District Master Plan of Community College of Philadelphia by allowing for the construction of a new building to be used for additional classroom space.
And Bill No. 080256, an ordinance to amend the Institutional Development District Master Plan of Community College of Philadelphia by allowing for the construction of an addition to an already existing building to be used for additional classroom and educational space.
And Bill No. 080204, an ordinance amending Chapter 12-3000 of The Philadelphia Code, entitled "Use of an Automated Red Light Enforcement System to Prevent Red Light Violations" at the intersection of 58th Street and Walnut Street.
And Bill No. 080207, an ordinance granting permission to ABEER, owner of the property Oak Lane Diner, 6528 North Broad Street, for maintenance of a sidewalk cafe covered by a canvas tent at 66th Avenue.
And Bill No. 080210, an ordinance amending Chapter 12-2400 of The Philadelphia Code by changing the weight classification for certain boot, removal and impoundment fees.
And Bill No. 080211, an ordinance amending Chapter 12-3000 of The Philadelphia Code by authorizing the installation of red light enforcement systems at the intersection of 9th Street and Roosevelt Boulevard.
And Bill No. 080244, an ordinance amending Chapter 12-2700 of The Philadelphia Code, entitled "Permit Parking Districts," by restoring the permit parking and renewal fees within certain permit parking districts.
And Bill No. 080254, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 120 by striking from the City Plan and vacating Harlan Street. 4/3/08 - STATED - 1ST READING
And Bill No. 080276, an ordinance amending Chapter 12-900 of The Philadelphia Code by regulating on-street parking of boats, motor homes, truck campers and vending carts.
And Bill No. 080281, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 190 by striking from the City Plan and vacating the northeasterly two-feet-wide portion of Stout Road.
And Bill No. 080282, an ordinance amending Section 2 of Bill No. 050952, approved December 22, 2005, entitled "An ordinance authorizing and directing the revision of lines and 4/3/08 - STATED - 1ST READING grades on a portion of City Plan No. 271," by revising the terms and conditions stated therein and extending the period for compliance.
And Bill No. 080003, an ordinance amending Section 20-101 of The Philadelphia Code, entitled "Residence Requirements," by providing that certain employees in the civil service need not be a bona fide resident of the City when appointed, but must establish and maintain bona fide residency in the City within six months after appointment.
The Chair agrees. At this time, the Chair recognizes Councilwoman Tasco for the purpose of calling up the bills on the Second Reading and Final Passage Calendar to be considered today.
Madam 4/3/08 - STATED - 2ND READING President, Bill 080024-A, Bill 080019, Bill 080082 will be called up today for second reading and final passage. Bill 080018, 080032, 080035 will be amended. All other bills will be held.
Thank you. At this time, I would ask the Chief Clerk to please read the title of Bill No. 080024-A.
An ordinance amending Chapter 9-200 of The Philadelphia Code, entitled "Commercial Activity on Streets," by adding a new Section providing for the certification of tour guides in certain areas of the City, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll. 4/3/08 - STATED - 2ND READING
Is Councilman Green in the room? (No. He stepped out of the room.)
Aye. Councilman Green, how were you voting on Bill No. 080024-A?
Thank you. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 080019.
An ordinance amending Bill No. 070263, approved September 20, 2007, entitled "An ordinance authorizing Northern Star Developments, owner of the property 1617 North 2nd Street," by extending the time for compliance with the conditions stated therein.
This 4/3/08 - STATED - 2ND READING 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 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 080082.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Delaware Avenue and the former Shackamaxon Street.
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 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 4/3/08 - STATED - 2ND READING 080018.
An ordinance amending Chapter 10-800 of the Philadelphia Code, entitled "Safety," by adding a new Section, entitled "Prohibited Possession, Sale and Transfer of Firearms by Persons Subject to Protection from Abuse Orders."
Thank you, Madam President. I am offering an amendment to this bill. The amendment has been circulated.
The amendment has been circulated to Bill No. 080018.
I move for the adoption of the amendment. (Duly seconded.) 4/3/08 - STATED - 2ND READING
Thank you. It's my understanding that all members have a copy of the amendment, and a motion has been made to adopt the amendment and seconded. All in favor will say aye. (Aye.)
The ayes have it and the amendment has been adopted. I would ask the Chief Clerk to please read the title of Bill No. 080032.
An ordinance amending Chapter 10-800 of The Philadelphia Code, entitled "Failure to Report Lost or Stolen Firearm," by requiring prompt notification of lost or stolen firearms and imposing penalties.
The Chair recognizes Councilwoman Miller. 4/3/08 - STATED - 2ND READING
Thank you, Madam President. Madam President, real briefly, if I can just explain what the amendments for Councilwoman Miller and myself are today. There are three bills that we will be amending today. In working with the Administration, because these bills do not require state authorization, we have had several discussions about the validity of the bills and the defensibility of the bills, and based on recommendations from the legal counsel representing Councilwoman Miller and myself and the Law Department, we will 4/3/08 - STATED - 2ND READING introduce these amendments in the hopes that upon final passage and signing by the Mayor and then ultimately enforcement, that we will be in a much better legal position. So, therefore, I would like to offer Bill No -- I'm sorry, Madam President. I wrote over my agenda.
Yes. I'd like to make a motion for Bill No. 080032, an amendment to that bill. (Duly seconded.)
It has been moved and seconded that the 4/3/08 - STATED - 2ND READING amendment be adopted that was circulated today on Bill No. 080032. All in favor will say aye. (Aye.)
The ayes have it and the amendment is adopted. I would ask the Chief Clerk at this time to please read Bill No. 080035.
An ordinance amending Chapter 10-800 of The Philadelphia Code, entitled "Safety," by adding a new Section 10-831, entitled "Straw and Multiple Handgun Purchase Reduction," to limit purchases of handguns by Philadelphia residents to one a month, and to prohibit straw purchases of handguns utilized by criminals for the purpose of evading the one handgun a month limitation.
The 4/3/08 - STATED - 2ND READING Chair recognizes Councilman Clarke.
Thank you, Madam President. I move for a motion for the amendment to Bill No. 080035. (Duly seconded.)
It has been moved and seconded that the amendment circulated this morning be amended. All in favor will say aye. (Aye.)
The ayes have it. The amendment is adopted. And that concludes our Second Reading and Final Passage Calendar. Oh, I'm sorry. We do have Councilman Jones' resolution that has to be considered. The Chair recognizes Councilman Jones for a motion on Resolution No. 080264. 4/3/08 - STATED - 2ND READING
I move for the adoption of the resolution, Madam President. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
Would the Chief Clerk please read the resolution.
Resolution No. 080264, a resolution approving submission of a Sewage Facilities Planning Module to the Pennsylvania Department of Environmental Protection proposing a revision of the Official Sewage Facilities Plan of the City regarding disposal of sewage from properties located along River Road. 4/3/08 - STATED - 2ND READING
Councilman Jones, would you please make your motion again.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. Are there any speeches on the part of the minority? (No response.)
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. A number of people have been asking me what is my -- what do I propose to do about the recent Supreme Court decision, which basically is denying, in my opinion, the citizens of this City an opportunity to be heard. So while I was sitting here this morning, I've made some notes and I'd like to have a few moments to express my dissatisfaction and anger as to what the Supreme Court's decision means to us. So bear with me, please. These were quick notes I've been writing down.
That's fine. COUNCILMAN DiCICCO: I think they're very important nonetheless. As I said, I'm angry and disappointed that the Supreme Court again has decided to silence the citizens of know for some it's been a very frustrating ordeal over these last couple of years, and you've heard me time and time again talk about the process and the fact that I think that something needs to be vetted, because when and if these casinos are built, they're going to be institutions that we are going to have to live with for the next two, three, four decades. And I've always said from day one that I always believed we would have casinos, and if we're going to have them, I wanted the casinos to be the best that we can build. I want them to be successful. Not for the purpose of the operators, but for the purpose of the City of Philadelphia and to realize revenues that we anticipate would be coming from these casinos. But the Supreme Court denied us that opportunity, in my opinion again, to at least be heard. They denied an opportunity and the right as citizens to question those who will create change, I believe, in a negative way the quality life of tens of thousands of people, particularly people who live in close proximity to the proposed two casino sites. In the Supreme Court filing, they have twice referred to me as an obstructionist, once in the SugarHouse filing of four, five months ago and again yesterday in their decision on the Foxwoods case. And they base that, that title on me, on the fact that I was the Councilperson who has been working tirelessly with a number of you and all of this body over the last couple of years to protect the port and the men and women whose jobs may be jeopardized as a result of the daily increase of 20 to 28 thousand additional cars on Columbus Boulevard. They refer to me as an obstructionist because I have been working to protect the thousands of in their homes and communities to make their neighborhoods a better place for them and future generations of Philadelphians. They have denied us the opportunity to conduct hearings in an attempt and effort to gather as much information that we could and identify those potential problems that will most certainly have a negative impact on their quality of life. I did all these things because I believe it's the responsibility of an elected official to do the things that he or she needs to do to protect the people who he or she represents. If that's what an obstructionist is, then I gladly accept the title. I will be glad to accept that title from here going forward. Today I do not have yet any information as to whether there are any remedies that we will be pursuing. I've been in conversations with Senator Fumo I first got this information late yesterday afternoon around 4:30. His legal team in Harrisburg is looking at potential, if any, legal remedies, and I will make an announcement hopefully by noon today as to whether or not we will move forward on tomorrow's hearing. But it's interesting also, when I mentioned the hearing, the two hearings that we had, that a second hearing which primarily dealt with traffic concerns, that the Foxwoods representatives admitted that their studies do not include Phases II and III of their project. Phases II and III is the development of the hotel and/or condos. They're not in their study. So the impact study is already flawed before it even got started. And the study that speaks just to the casino, it was pointed out in testimony, is significantly flawed. So here it is, we have some people thought this was just an exercise in political futility for myself. I've been elected. I've been sworn in. I'm here for four years. I don't know where I'm going to be in four years.
It's not for that reason. It's because I want these things to be done and done right, and I have that responsibility, as all of us do, to protect the people that we represent. So it's not grandstanding on my part. It's really something I believe in, because if I didn't believe in this thing, I would have folded my tent a long time ago. And I know some people in here would have probably had a great sigh of relief and said, finally, we're getting this thing done with. But it's just that important. And if you dealt with the folks, the hundreds and hundreds of people that I've been dealing with over the past three years, and listened to their pain and listened to their concerns at these meetings, more meetings than I care to even remember at this time, you would really have gotten an appreciation for this concern. And 99 percent of the folks, by the way, who I represent are not anti-casino. There is a Casino-Free Philadelphia group out there, which I respect. I don't think they're going anywhere with eliminating casinos. And most of the folks I represent were not NIMBYs. I mean, that's what normally happens in these cases, but they were not NIMBYs. They understood this issue, because I made it perfectly clear when my legislative assistant, Brian, and I began taking the show on the road, if you will, in January of 2006, we started meeting with community groups before, even before, the sites had been determined. So it wasn't as though I waited for an opportunity, political opportunity, jumped out, you know, started running around telling the people, Vote for me, I'll save the world. We put ourselves out on a limb very early on, and my remarks in '06 have always been consistent to the people I represent. Casinos will happen in Philadelphia. We may have to live with one or two in this district, the "district" meaning the district I represent, and we're going to have to figure out the best way we can to develop these sites, hopefully encourage the powers-to-be in Harrisburg to give us an opportunity to look at re-siting, which we have been trying to do and obviously have been failing, but it was all about allowing a public process to continue to allow the citizens of this City to be heard, and we have been denied that opportunity again, the same way we're denied to create laws that will protect our citizens from illegal guns. This is consistent. It all fits in. We don't matter in the Commonwealth of Pennsylvania. We are city to generate revenue, and I don't know what else the other folks outside of the City limits care about. And we're in this pickle and we're in this pickle today because our local legislators; in particular, the legislators who were in office who represent the River Wards, were not thoughtful enough, were not looking at the big picture going forward when they enacted this legislation, and they voted four times, four times, to preempt the City of Philadelphia, the City of Philadelphia in which they represent the same people that we represent. If they would have stood their ground and they would have not voted to preempt, this all may have been a different story today. But they're all running around today because in 19 days they're up for reelection and they're arguing, This is unheard of, this is absurd. What about all the jobs at the port? Who is going them? Well, the legislators who voted for this and four times voted to preempt us, this is on their back now. We did our job. I want to thank everyone in this room for standing with me, for listening to my tirade sometimes and listening to the heartache stories that were coming into this Chambers for the last three years. I do really appreciate and respect the opportunity that you gave me. And, yes, it's this unheard of or curse word that's out there, councilmanic prerogative, but it wasn't about that.
It was a tool that we used obviously, but it really was about letting the citizens of this City; in particular, those who live in my district, be heard, and there's nothing wrong with it. There was nothing wrong with what we did, and I don't care who talks about it, who condemns it. I know we did the right thing. So, again, Madam President, I want to thank everyone. I'll let you know probably around noon today about tomorrow's hearing and what the next steps are. Thank you.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. This is a test. What has more calories: A chocolate shake, hamburger, French tries or a Coke? Madam President, in 1970, 26 percent of Americans ate out. Today that number has nearly doubled, and more interestingly, two-thirds of us struggle with our weight, me included. But this is not a trivial issue at all, Madam President. In fact, 83 percent of Americans want restaurants to provide nutrition information. We have labels on clothes. We have labels on cleaning on packaged foods. And so I am hopeful over the next many weeks that my colleagues will consider San Francisco. New York City's menu labeling bill went into effect four days ago, and now Seattle has a menu labeling bill. So with that in mind, I am inviting all of my colleagues and/or their staff representatives to a 1 o'clock briefing wherein we will have a tasting of healthy food choices and a quiz to test how much we know or don't know about caloric intake. I invite all of my colleagues to join us at 1 o'clock for a briefing. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Green.
Thank you, Madam President. I want to make today, one with regard to the Supreme Court decision in the Foxwoods issue and the other with regard to a recent decision or award by the Procurement Department with respect to car-sharing. First, with respect to casinos. I think it is clear that the die was cast when the original legislation crafted by one of our representatives from the River Wards took away the City's powers, did in fact as originally crafted intentionally preempt the City's powers in this regard. A change of heart without changing legislation in Harrisburg has proven meaningless, as many people on this Council predicted it would. In my opinion, the ruling from the Supreme Court is sparse on legal reasoning. It reads more like an edict from a potentate than reasoning from the highest court in our state. It is without regard to the rights of the of Philadelphia. In one area, that is very clear, and, that is, the state legislation prohibits a taking in order to bring casinos to the City of Philadelphia. The Supreme Court did not address the issues raised by Council in the SugarHouse briefing and raised by the Law Department and Council with respect to the Foxwoods briefing; that is, the striking of streets that belong to the citizens of the City of Philadelphia. In my view, citizens, with respect to these takings, are entitled to just compensation under the Pennsylvania Constitution and under the United States Constitution, and the City of Philadelphia should pursue that. The end game, Madam President, would be that once the courts would find the taking from the citizens of the City of Philadelphia, looking back at the original legislation, they would see no taking was permitted to happen. Therefore, it calls into question the entirety of the decisions of the Supreme Court of Pennsylvania in this regard. There are certain things within the control of the City of Philadelphia. The Supreme Court does not have traffic engineers that can say where curb cuts go and they, to my knowledge, haven't hired any. Also, in addition to not addressing the Council and the City's taking argument, this body has additional recourse. In my view, there is no controversy in play when the City Solicitor and the previous Administration signed tax settlement agreements. Without a controversy or a case in controversy, any agreement where the City grants a forbearance or loses rights that is longer than a year requires the approval of this body, City Council. These last-minute back-room deals should be undone by this body, by the Administration, and we should begin casinos in order to protect the citizens, get appropriate community benefits that involve Councilman DiCicco's office and the rest of this body, making sure that the citizens in these areas have appropriate protections from the nuisances that will obviously be brought upon them by these casinos. That is all I have to say on that matter. With respect to the awarding yesterday by the Procurement Department of a car-sharing service, I understand that has not yet been signed. I also understand that qualifications for these bidders were not considered, were not part of the competitive bidding process. For example, we did not require these bidders to state that they would have a minimum number of cars elsewhere in the City or in each councilmanic district. We did not look at financial qualifications. It is my understanding two competing bidders does not have any profits upon which to sustain their business in the long term. There are environmental considerations. We are a sustainable, green city. Both the Administration and Council has committed to these efforts.
We should be looking at qualifications of the fleets of these people that will be provided to the City, whether or not they will be hybrid or otherwise, and that should have been part of the competitive bidding process. So I am calling on the Procurement Department to do a new competitive bidding process that brings into play the interests of the City with respect to the qualifications that a winning bidder should have. Finally, I want to read one thing into the record in this regard, and, that is, that the venture capitalists that are supporting this, quote/unquote, for-profit enterprise that local non-profit have contributed more than $35 million while this company runs at a loss. The purpose of this, according to those venture capitalists, was enabling this business to run at a loss as it builds market share. In other words, their behavior is predatory. They intend to go into cities across this nation by operating these businesses at a loss, kill local businesses, and then they'll be a monopoly that can do whatever they want with pricing. And I also believe these issues should be taken into consideration as we look at the qualifications of people who may provide car-sharing service, which has been an extremely effective, important way to get cars off the road in the City of Philadelphia. Thank you, Madam President.
You're welcome. Are there any other speeches on majority? (No response.)
Seeing none, the Chair recognizes Councilman Clarke for a motion to öööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööö öööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööö öööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööö öööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööö öööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööö öööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööööö öööööööööööööööööööööööööööööööörelated benefits and issues surrounding the impact of the casinos and he didn't reference a specific casino site. He spoke of it in general terms, and I just wanted to clarify the Councilman did not mean when he used the term some "back-room discussions," it did not mean that the community, which had been deeply involved in discussions with both the City and the operators and both and myself, talking about a process that would lessen the negative impact of the SugarHouse casino on the adjacent communities and continued to have those discussions, that Councilman Green didn't mean that the community that is in that proximity to that site were involved in any back-room discussions or deals as it related to that very important issue and what benefits would be realized as a result of the siting of that particular site. Am I correct, Councilman?
Yes. I stand corrected. If I implied the community was involved in that, I was not implying that. I was talking about the back-room discussions not shared with anybody, signed three days prior to the end of the previous Administration; that is, the back-room discussions between the casino operators and owners and shareholders and the previous Administration.
Thank you. Thank you, Madam President. With that, I move that Council stand adjourned until -COUNCILMAN DiCICCO: One moment.
Just a moment, please. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. Sorry to interrupt. I know you were on a roll there today.
I'm a roll, Councilman. COUNCILMAN DiCICCO: I just received information from the Administration. The Administration agrees that we should go on with the hearings tomorrow. If for any reason, at least to get some things on the record and get some definitive discussions going forward. So the hearings will be on for
Thank you, Madam President. I move that Council stand adjourned until Thursday, April the 10th, 2008 at 10:00 a.m. (Duly seconded.)
It has been moved and properly seconded that Council stand adjourned until Thursday, April 10th. All in favor will say aye. (Aye.)
The ayes have it. The motion carries. (Stated Meeting adjourned at 11:20 a.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on April 3, 2008, 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.)