COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 22, 2005 10:15 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670.
Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats, and visitors will retire to the seats outside the rails. The Chair now asks Deacon Councilman Juan Ramos to give our invocation at this time. I would ask all members and guests to please rise. (Everyone rises.)
Let us bow in prayer. Heavenly Father, on this your day, guide us in the deliberations before us. Pour your grace of wisdom, patience and tolerance upon us. In return, let us adore him, Jesus, born in the manger in a virgin named Mary. Merry Christmas and God bless Philadelphia. Amen.
Thank you. Amen. The Chair thanks Councilman Ramos. The next order of business is the approval of the Journal of the meeting of Thursday, December 15, 2005, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, December 15, 2005 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, December 15, 2005 stand approved. All in favor will signify by saying aye. (Aye.)
The ayes have it and the Journal of the meeting of Thursday, December 15, 2005 is approved. The next order of business is requests for leave of absence, and the Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. On behalf of the Majority, a leave of absence is requested for Councilman Mariano.
Thank you. Leave will be granted. The Chair recognizes Councilman O'Neill.
Thank you, Madam President. On behalf of the republicans, there are no requests for leave of absence.
The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. We certainly invite you to come again. The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on December 22, 2005, I signed all of the remaining bills that were passed by Council at its session on December 8, 2005, and I am pleased to advise you that on December 22, 2005, I signed the following bills that were passed by Council at its session on December 15, 2005: Bill No. 050953, Bill No. 051136, Bill No. 051137 and Bill No. 051138. And I am transmitting herewith for the consideration of your honorable body an ordinance dissolving the West Philadelphia Retail Tax Increments Financing District and creating the Park West Tax Increments Financing District; and An ordinance authorizing the Philadelphia Authority for Industrial Development, PAID, for the 22 acres located between 50th and 52nd Street, south of Parkside Avenue, for consideration of $400,000.
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 very much. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the rules of Council be suspended in order to permit the immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor of the motion will please indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce two resolutions and one bill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternative tax computation for the business privilege tax, by reducing certain tax rates to the extent business privilege and realty transfer tax receipts exceed the revenue projections in the City's approved Five-Year Plan for 2006 to 2010.
The bill will be referred to the appropriate committee.
And a resolution approving Drexel University's proposed amendment to its Institutional Development District Master Plan pursuant to Chapter 14-1107 of The Philadelphia Code relating to Zoning and Planning.
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 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 6th and 44th Wards of the City of Philadelphia.
Again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Krajewski.
The Chair thanks the Councilwoman. 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 have no bills or resolutions.
The Chair at this time recognizes Councilman Nutter.
Thank you, Madam President. I offer five bills and one resolution.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance dissolving the West Philadelphia Retail Tax Increment Financing District and creating the Park West Tax Increment Financing District.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Philadelphia Authority for Industrial Development, notwithstanding any contrary requirements of the Philadelphia Industrial and Commercial Development Agreement between the City, the Philadelphia Industrial Development Corporation and PAID, to convey fee simple title to certain property containing approximately 22 acres located between 50th and 52nd Streets.
This bill will be referred to the appropriate committee.
And an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Parkside Avenue, 50th Street, a railroad right-of-way and 52nd Street.
The bill will be referred to the appropriate committee.
And an ordinance approving the second amendment of the redevelopment proposal of the West Parkside Urban Renewal Area.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 266 by striking from the City Plan and vacating Jefferson Street and Heston Street, each from 52nd Street to Paxon Street.
This bill will be referred to the appropriate committee.
And a resolution requesting that Mayor John F. Street provide City Council and the citizens of this City with its proposed smoke-free ordinance, as there is clearly a legislative impasse on this important issue, and acknowledging that Mayor Street's leadership and direction on this issue is needed in order to create healthier work and leisure environments for thousands of Philadelphia and suburban residents who work and visit Philadelphia, and, furthermore, given Mayor Street's longstanding commitment to public health and concerns about the dangers of second-hand smoke, he should be the champion of this monumental public health initiative for our City.
Thank you, Madam President. I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer no bills or resolutions.
Thank you. The Chair recognizes Councilman Goode.
The Chief Clerk will please read the title of the resolution.
A resolution authorizing the Committee on Commerce and Economic Development to hold hearings to review Wachovia's statement of the financial reparations pursuant to Bill No. 050615 unanimously passed by City Council and signed into law by the Mayor, and further authorizing the Committee to issue subpoenas to compel the attendance of witnesses for the production of documents and other evidence.
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution will be referred to the Committee on Commerce and Economic Development. The Chair recognizes Councilman Ramos.
Thank you, Madam President. I offer no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman O'Neill.
The Chief Clerk will please read the title of the first resolution.
A resolution authorizing City Council to retain outside counsel to commence legal proceedings on behalf of the City of Philadelphia, seeking action that would provide reasonable remedies for lethal conditions of escalating gun-related violence and trafficking in our City, and further provide an increased level of public safety and protection for our citizens.
It has been moved and properly seconded. Councilman O'Neill, your light is on. Did you want to be recognized?
Yes. Madam President, I just want to question the sponsor on this. Councilman Clarke, I'm just looking at this for the first time, and I'm just wondering what the possible legal remedies are that a lawyer could do on this. I understand it's a very difficult issue. I've supported Councilman Clarke I think every time we put up a vote on gun violence and the different actions that the Councilman has asked for, but on this one, as I look at it very quickly, it just seems difficult for me to envision something a lawyer could do where it's actually state action that is legislative action that's needed. I'm just asking a question of a colleague.
Thank you. Thank you to my colleague. Councilman, this particular resolution is borne out of the level of frustration that I've never experienced before. We in Council, we in this City have been attempting to get a resolution to this gun violence issue for the last several years. Actually, prior to me being a Councilperson, I actually understand there was actually a lawsuit against the gun manufacturers. To some degree, it backfired. It ultimately ended up relaxing some of the laws. But we are at a point now where we have to go to the next level. I equate this issue, to some degree, to years before when there was an issue as it relates to civil rights where various states had the wherewithal to legislate individuals' civil rights on an individual basis, and ultimately there was, in fact, an action taken against the states that ended up having a federal law as it relates to civil rights. And I look at the City of Philadelphia as one of those states that had a minority of individuals who were receiving treatment that was just not right as it related to those individuals' civil rights, and ultimately the federal government had to step in and achieve a goal of providing civil rights for everybody. And when I look at the citizens in this City, when I ride by 19th and Susquehanna last night and I see all those individuals out on the corner having a vigil for a man who got shot by simply trying to have commerce in the community, a community that is certainly lacking of commerce, based on my talking to people in that neighborhood, would allow individuals to purchase goods and services on time and that individual gets shot down by some thugs -- and that's what they were, thugs -- over a pair of jeans simply because he was trying to make a living and simply because the availability of weapons is so prevalent among our cities, that I equate that with the civil rights issue, because I think people in the City of Philadelphia have the right, the civil right, to be safe. And if the state is not going to act, then I think we need to take it to the next level and litigate this issue, and if it calls for us going up to the federal level, then that's what we'll have to do. But as an elected official and a Councilperson, who technically has no jurisdiction in this matter, I'm not going to sit by and allow people to continue to be shot and not do anything. And I understand that you're with me, Councilman, on this issue because you supported all my prior legislation. I think we should hire a lawyer. I think we should explore all avenues as it relates to any possible litigation, and I think something has to be done, because this is just unacceptable. It is a person a day gets killed. Two thousand people have gotten shot over the last couple of years, and it's like it's okay to our legislators in Harrisburg, and I'm just at that level of frustration. I think we need to go another level.
Madam President, I understand the Councilman's frustration. I'm still concerned as to what litigation we would even embark on, how much it would cost, what the strategy would be. And I would ask the Councilman if he could hold this until our next session and I have a chance to sit down with the Councilman, the sponsor, the President and the Majority Leader just to talk about the framework of this, maybe even with our own legal staff present, if necessary. I don't want to vote for something that is vague, has great intentions, but may be a decision that later I'd regret and have a hard time explaining, with very little knowledge on both the cost and the strategy as to what we'd be doing.
Well, Councilman, I traditionally personally all the time respect your request. In this particular issue, I just don't feel comfortable holding the resolution. What I can personally agree to is to holding any action as it relates to us hiring that individual or individuals or firm that will provide counsel for this Council and this City. As you know, this is essentially just authorizing to do that. I'd be more than willing through the Council President, because she ultimately has to make the decision in terms of proceeding on the hiring of the counsel, to sit down with you and anybody else who is interested before we take the official action, but I don't feel comfortable waiting until we get back in the end of January without authorizing, because, unfortunately, I think that we'll probably be looking at another 20, 30 deaths between now and then. I think it would be sending the wrong signal if we not authorize ourselves to do something.
Madam President, I appreciate the Councilman's response. I will be voting against it. For me, nothing is going to happen in the next two months with any litigation or hiring that we couldn't accomplish ahead of time, and I just don't want to authorize something that I don't know enough about, both from a legal strategy standpoint where we go with it and also the cost and what would be the run-away cost of litigation. Whether it has viability or not, I don't know. But I appreciate the Councilman's comments and I respect them, but I will be voting no on this. Thank you.
Thank you. And I don't believe that we would be able to obtain the services of an independent attorney until such time as the City Solicitor tells us that we can do so, and I am sure that Councilman Clarke has already spoken with the City Solicitor.
I didn't want to act on my own without the authorization from this body. I felt it was an issue that should have everybody involved. And I'm sure, although Councilman O'Neill doesn't feel comfortable with this particular bill or resolution, I'm sure he's comfortable with the issue, that we need to do something, and I'm okay with his explanation, but I just think that we need to start the authorization process now.
Thank you, Madam President. I just wanted to have a few comments on this particular resolution. Last May, over 80,000 Philadelphia voters approved the ballot question, and I think that this is an attempt to have that question start to be worked on. Philadelphians said that they want to reduce gun violence. That's the overall goal of that legislation. City officials are vested with the duty and responsibility to take all appropriate steps to the fullest extent allowable under the law to promote and defend the will and mandate of the people, and this action constitutes one of the appropriate steps that it's going to require for City officials to meet the charge. I think that the discussions certainly are needed. The appropriate steps have to be taken, but at some point, I feel personally that we can't continue to just sit here and leave all this in the hands of the state legislators, and no one seems to be discussing this. I haven't heard any action, and I think the resolution's intent is to get something moving, at least the discussion started. So I will be voting as a co-sponsor, certainly I'll be voting yes on this resolution.
Thank you. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I agree with Councilman Clarke. I think we need to move ahead and send a message that we're serious as a legislative body about doing something about this problem which is devastating our City. One of the things that could come about as a result of this resolution is legal counsel being able to civilly pursue the actual bad guys in the situation, and they are the gun sellers. The guns that are getting into the hands of our kids are coming from some sellers in the state, some sellers out of state, and if through the discovery process through civil litigation we're able to discover or open up the records of some of these gun sellers and find out where they're coming from, what the trail of it is, we could perhaps pursue civil litigation against these people. I mean, these people are involved in this business that is destroying our neighborhoods and killing our young people because they're greedy. And the one way to really get to someone's greed is by taking their assets. I would wish that the federal government would put such an effort into tracking down the illegal sales of guns back to the large purchasers and large sellers of weapons, to take their cars and houses and boats and whatever else they've acquired as a result of this dirty business that they're in. I mean, certainly the kids on the street who are shooting each other are not justified, and it is a tragedy, but the people who are putting those guns in their hands are people who are probably in some ways upstanding business people who are doing this dirty business underground, and I think that civil litigation and civil pursuit of this kind of stuff could unmask those people and perhaps get the federal government and the state government serious about cracking down on them from the IRS standpoint, from tax evasion standpoint, all kinds of issues that I think really is the way to get them. So I would be supporting this resolution, and hopefully we can move forward as quickly as possible to send a message that we're going to use whatever resources are necessary to track down not only the thugs, but the legitimate business people, so to speak, who are putting the guns in these people's hands. Thank you.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you. 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. The resolution is adopted, and the record will reflect that Councilman O'Neill voted in the negative. The Chief Clerk will please read the title of the next resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 28th, 29th, 32nd and 37th Wards of the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 15th, 16th, 28th and 32nd Wards 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.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Kelly.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
Thank you very much. 12/22/05 - STATED - 1ST READING There are no reports from committees today. Therefore, I would ask the Chief Clerk to please read the bills on the First Reading Calendar.
Bill No. 051102, an ordinance amending Chapter 19-1800 of The Philadelphia Code, entitled "School Tax Authorization," by adding a new Section 19-1801.1 providing for a cap on tax increases, under certain terms and conditions.
The Chair agrees. That completes our First Reading Calendar for today. The Chair now recognizes Councilwoman Blackwell for the purpose of calling up the bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Today all bills are being held, save three. They are Bill Nos. 050669-AA, Bill No. 050797-A, 12/22/05 - STATED - 2ND READING that is to be amended further, and, finally, Bill No. 051096.
The Chief Clerk will please read the title of Bill No. 050669-AA.
An ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternative tax computations for the business privilege tax, by reducing certain tax rates, 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.
Sorry, Madam President. Scratch it. My vote is definitely no on this bill.
Thank you. A majority of all members having voted in the affirmative, the bill passes. (Applause.)
The Chief Clerk will please read the title of Bill No. 050797-A.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Grant Avenue and Roosevelt Boulevard.
Thank you. 12/22/05 - STATED - 2ND READING The Chair recognizes Councilman O'Neill.
Thank you, Madam President. I'd like to offer an amendment to Bill No. 050797-A, and it's been circulated to all members.
I move the adoption of the amendment. (Duly seconded.)
It has been moved and properly seconded that the amendment be adopted. All in favor will say aye. (Aye.)
Those opposed? 12/22/05 - STATED - 2ND READING (No response.)
The ayes have it and the amendment has been adopted. The last bill to be considered is Bill No. 051096.
An ordinance authorizing the extension of and modifications to the trial program authorized by Bill No. 040558 under which advance approval is given to the Philadelphia Facilities Management Corporation on behalf of the Philadelphia Gas Works, subject to certain terms and conditions.
Thank you. This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 15, the nays are zero. A majority of all members having voted in the affirmative, this bill passes. That completes our Calendar for today. Are there speeches on the part of the Minority? (No response.)
Are part of the Majority? The Chair recognizes Councilwoman Tasco.
Thank you, ma'am. I'd just like to thank my friend, colleague, Irv Ackelsberg, from Community Legal Service for following through on the effort to stop pay-day lending. They have filed a class action suit to stop the pay-day lending, which charges four to five hundred percent of the loan when they borrow from these companies that do business with banks outside of the City of Philadelphia. And also I want to say that they are working. He's been in the leadership role working with Senator Fumo to outlaw pay-day lending through the state legislature in Harrisburg. So it's all in our effort to protect the citizens of Philadelphia and Pennsylvania, and we want to thank him and wish him a happy holiday.
Thank you, Madam President. I have an announcement that I'm making on behalf of the Young Black Kings Organization. It's an organization for young people between the ages of 10 through 15. They're taught things such as chess and carpentry and black history as a means of diverting the attention of these inner City youth from violence to positive channels. They're hosting a Shoppers Paradise event, and this event is being held at the Philadelphia Convention Center December 23rd from 11:00 a.m. to 11:00 p.m. And this is an opportunity for 150 disadvantaged businesses to market their products with an anticipated crowd of two to three thousand shoppers. So we just want to encourage people to go support these young people and their sponsors. holiday.
Thank you. Are there any other speeches on the part of the Majority? (No response.)
Seeing no one, this will conclude our session for today. I would like to take this opportunity to wish all of you a very merry Christmas, a healthy, happy, prosperous new year. And at this time, I recognize Councilwoman Tasco for a motion to adjourn.
Thank you, Madam President. I too wish everybody a merry Christmas and happy other holidays that are celebrated. I move that Council stand adjourned until Tuesday, January 24th at 10:00 a.m. Thank you. (Duly seconded.)
It properly seconded that Council stand adjourned until Tuesday, January 24th, 2006 at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it. The motion carries. Thank you all very much. (Stated Meeting adjourned at 10:45 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 December 22, 2005, 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.)