COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, December 4, 2003 10:42 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 JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN 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
I note that the hour has come and that a quorum of this Council is present. The Council will come to order. Members will please take their seats. To give our invocation this morning, the Chair welcomes Rabbi Aaron Bisno, Rabbi of the Congregation Rodeph Shalom. He is here today as the guest of Councilman Cohen. All guests and members will please rise.
Permit me to begin my teaching. According to Jewish tradition, the Torah which is to say the first five books of the Bible are read all the way through over the course of a year. Week by week, day in and day out we return to the stories that are the record of our people's lives. This, I suppose, the liturgical process, is not so very different from the legislative process. For here, too, in this Chamber day in and day out stories that are a record of our lives and those of our neighbors are recalled and where the best intentions and the most honest efforts of those who labor in this Chamber, here is where this City Council and all who make its work possible engage in a sacred task. And so as we gather this week to share and work together again, let us pause in prayerful reflection of that which is our sacred charge. Source of our inspiration, in going about our sacred work, we pray that we may grow in an awareness of ennoble powers with which everyone of us is endowed: The creative powers of observation, reflection and reason; the redemptive powers of empathy, optimism and purpose; and the divine gifts of universal equality for all of creation's children and the equal justice us under the laws for all who reside and work in, all who travel through and all who depend on this City in so many ways. Source of our purpose, as we go about our sacred work, teach us to make wise use of the gifts with which we have been blessed and so to use these gifts in the power within each one of us and within this Council to sustain and secure, to inspire and lift up, and to make a Philadelphia's citizens stories of tomorrow an even better day than we know them to be today. Amen.
The Chair thanks Rabbi Bisno for his 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, November 20, 2003. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, November 20, 2003, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, November 20, 2003, stand approved. All in favor will please indicate by saying aye. (Aye.)
The ayes have it. The motion carries. And the Journal of the meeting of Thursday, November 20, 2003, is approved. The next order of business is requests for leaves of absence. And again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. On behalf of the Majority, a leave of absence is requested for Councilman Ortiz.
Madam President, on behalf of the Republicans, leave of absence is requested for Councilman Frank Rizzo.
Thank you leave will be granted. 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 certainly 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. THE
To the President and Members of the Council of the City of Philadelphia, I am pleased to advise you that 3rd, I signed following bill that was passed by Council Session on November 13th: Bill No. 030644. And I am pleased to advise you that I signed all of the bills that were passed at its Council Session on November 20, 2003. And I am herewith returning to you as disapproved Bill No. 030657, which would amend the Passyunk Avenue Special District Control section of the Zoning Code. And I am transmitting for the introduction and consideration of your honorable body a proposed ordinance. The ordinance is entitled, an ordinance authorizing the City of Philadelphia in corporation with the Philadelphia Authority for Industrial Development to undertake the project to promote the health, safety and welfare of the residents of the City of Philadelphia supplementing the ordinance, Bill 980789 which established the alternate funding mechanism. And an ordinance amending Title 22 of the Philadelphia Code entitled "Public Code," by amending Section 22-305 relating to maximum benefit limitations imposed by the Internal Revenue Code. And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to enter into a sublease to the Philadelphia Authority for a Pennsylvania non-profit corporation certain land located 901-47 North Marshall Street. And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to acquire from the Redevelopment Authority for nominal consideration properties located at 901-47 North Marshall Street. And an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget of Commonwealth of Pennsylvania in an aggregate amount not to exceed $15,350,000 to assist in the development of the Franklin Institute, Holy Family University, the Irish Memorial, and the Kimmel Center and WHYY.
Thank you. The Chief Clerk will please read any other communications in her possession. THE
Thank you. The next order of business is the 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 moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration at the time of introduction of all resolutions. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the most carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer one resolution on my behalf and one resolution my own behalf, Councilman O'Neill and Councilman Nutter.
Thank you. The Clerk will please read the title of the first resolution. THE
A resolution urging the Pennsylvania General Assembly to provide fair and full funding of the Health Choices Program.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Clerk will please read the title of the second resolution. THE
A resolution congratulating the varsity football team of St. Joseph's Preparatory School for winning the 2003 Philadelphia Catholic League Red Division Championship.
For the third year in a row. 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 has been adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today, I introduce two resolutions and two bills.
The Clerk will please read the title of the first bill. THE
An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, Commonwealth of Pennsylvania, under the Redevelopment Assistance Capital Program in an aggregate amount not exceed $15,350,000.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing the City of Philadelphia in cooperation with the Philadelphia Authority for Industrial Development to undertake a project to promote the health, safety and welfare of the residents of the City of Philadelphia, supplementing the ordinance, Bill No. 980789 which established the alternative funding mechanism.
This bill will be referred to the appropriate committee. THE
Thank you, Madam President. I move for the adoption. (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 has been adopted. Department debt. The Clerk will please read the second resolution. THE
A resolution designating December 22nd as Homeless Persons Memorial Day.
Thank you, Madam President. I move for the adoption. (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 has been adopted. I Chair recognizes Councilwoman Krajewski.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Mariano.
Madam President, I have no bills or resolutions today.
Madam President, I have no bills or resolutions today.
The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Miller.
The Clerk will please read the title of the resolution. THE
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 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 has been adopted. The Chair recognizes Councilman Nutter.
The Clerk will please read the title of the resolution. THE
A resolution congratulating Louis Marie Well Schmidt on her retirement from the City of Philadelphia.
Thank you, Madam President. 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 has been adopted. The Chair recognizes Councilman Cohen.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer no bills or resolutions this morning.
Thank you. The Clerk will please read the title of the resolution. THE
A resolution declaring December 4, 2003 as Alpha Fi Alpha Day in 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 DiCicco.
Thank you, Madam President. I offer six bills on one resolution on your behalf.
Thank you. The Clerk will please read the title of the bills. THE
An ordinance granting permission to Robert Bitros , owner of the property 933-933 North Second Street to operate and maintain an open air sidewalk cafe.
The bill will be referred to the appropriate committee. THE
And an ordinance granting permission to Nehal Desai and Raju Desai owners of the newsstand at 13th and Market Streets to construction, own, and maintain electric conduit with the electrical service line.
This bill will be referred to the appropriate committee. THE
And an ordinance amending Section 1(a) and (c) of an ordinance, Bill No. 030344, approved July 31, 2003, entitled an ordinance granting permission to Ride the Ducks International to remove an existing wood and metal newsstand.
The bill will be referred to the appropriate committee. THE
And an ordinance granting permission to 900 South Front Street, owner of the property 900 South Front Street to operate and maintain an open air sidewalk cafe on the southwest corner of Front and Christian Streets.
This bill will be referred to the appropriate committee. THE
And an ordinance authorizing the Commissioner Public Property on behalf of the City of Philadelphia to acquire from the Redevelopment Authority for nominal consideration properties located 901-47 North Marshall Street.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to enter into a lease agreement to lease to Philadelphia Authority Industrial Development for further sublease to Leadership Learning Partners Charter School.
The bill will be referred to the appropriate committee. THE
And a resolution commending Stella Maris Roman Catholic Church on its 50th anniversary.
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 Councilman O'Neill.
Madam President I, offer one privileged resolution for which I ask immediate consideration.
The Clerk will please read the title of the resolution. THE
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 Clarke.
Thank you, Madam President. Madam President, I have one resolution and one bill.
Thank you. The Clerk will please read the title of the bill. THE
An ordinance amending public Title 22 of the Philadelphia Code, entitled "Public Employees Retirement Code," by amending Section 22-305 relating to maximum benefit limitations imposed by the Internal Revenue Code.
The bill will be referred to the appropriate committee. THE
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 18th and 32nd Wards of the City of Philadelphia.
Move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The next order of business is reports from Committee. And the Chair recognizes Councilman Kenney for a report from the Committee on Rules.
Thank you, Madam President. The Committee on Rules reports out five bills with favorable recommendations.
Thank you. The Clerk will please read the report. THE
To the President and Members of the Council of the City of Philadelphia, the Committee on Rules to which was referred Bill No. 030670, entitled an Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Second Street, Turner Street Hancock Street and Oxford Street; And Bill No. 030709 entitled an ordinance approving the Fourth Amendment of the redevelopment proposal for the Point Breeze Urban Renewal Area being the area generally bounded by the southerly side of Washington Avenue on the north and westerly side of Broad Street on the east; And Bill No. 030721, an ordinance approving the Second Amendment of the Redevelopment Proposal for the Jefferson Square Urban Renewal Area; And Bill No. 030730 entitled an ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by adding a new Section 14-1628, entitled "District Special Controls," prohibiting certain uses in relation to the sale of malt and brewed beverages, under certain terms and conditions; 030740, entitled an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Allegheny Avenue, Collins Street, Westmoreland Street, and Tulip Street; Respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Kenney.
Madam President, I move the Rules of Council be suspended so as to permit first reading this day of Bills No. 030670, 030709, 030721, 030730, and 030740.
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 read All in favor will say aye. (Aye.)
Yes. I wish to speak in opposition to the motion to suspend the Rules with respect to the Wal-Mart bill. I think this bill is being improperly rushed, and I think it needs a lot of consideration. I think we ought move very slowly when we move in opposition to the strongly expressed views of the community. I, therefore, oppose the Rules suspension with respect to the bill involving the Wal-Mart project on Allegheny Avenue. I don't know the number of that bill. (Applause.)
Madam President, when it comes to permitting a predatory employer to come in and try to break up the union rules and the rights that unions have fought for years to win, I think we ought to move slow. There's no rush to break down to be a rush in the opposite direction. (Applause.)
So I would like to move to separate -- my motion is to separate the Wal-Mart issue from the others. I have no objection to the Rules suspension with respect to the other bills mentioned. So I move to sever the Wal-Mart motion and treat it separately.
The motion is to sever the Wal-Mart bill from the other bills with respect to the Rules suspension, and first to have the motion on the other bills -I would ask the Chairman if he would agree to that motion so that there's no need for a vote.
Thank you, Madam President. As the sponsor of the bill, I would ask that the Rules of Council be suspended for this bill. And I do respect my colleague Councilman Cohen in his concern for predatory businesses that want to operate in the City of Philadelphia. I support unions, and I've received the support of many unions over the years. This is beyond a union issue, in my opinion. This bill speaks to an issue that has been on the table for about 13 or 14 months, as to what to do with a seven-acre vacant warehouse sitting in part of the City known as Port Richmond, removing that blight and that potential for catastrophe. The only persons who have come forward is the developer who has an intention of building a Wal-Mart. There have been no other interested parties, including the hospital. There have been no other interested parties, including the hospital, that have brought any ideas, suggestions, recommendations to my attention during those 13 months. And for those who were at the hearing the other day, you would have known if you were here the other day, it was on the record when I was interviewing the CEO, Mr. Skip Marshall, that up until November the 26th of this year did I ever know that there was any intention of hospital to buy this site. And even Mr. Marshall suggested if the hospital -- and those are his words, if the hospital were to purchase the former Goldman Printing Company, that the best that they would do with this is create a parking lot and maybe, maybe sometime down the road in the future they might consider developing an annex to the hospital. So this has been debated. I've been to numerous meetings. There are a number of people who support it and there are a number of people who are opposed to it. It is one of those situations we always find ourselves in as elected officials. We can't have it both ways. it over with, let's get this blight removed from the community, create jobs in Port Richmond. (Applause.)
Councilman Cohen, there's a point of order on the floor. Councilman Kenney is recognized for a point of order.
Madam President, I wasn't finished. I was drowned out by applause. Thank you. I was about to say that not only will it create jobs for the construction industry and the building trades, it will create about 300 jobs or so for residents of the Port Richmond area. Thank you. (Audience reacts.)
I am sorry. We're not going to tolerate outbursts. We are trying to conduct a hearing. I am asking that you respect us as we respect you, please. Thank you. Councilman DiCicco are you finished?
Only to say, President, that the number of meetings that I have attended in Port Richmond for a whole host of issues, about five of those meetings took place in a community room that belongs to Northeast Hospital directly across the street from the site we're speaking about today. And not once, never once during those five or six meetings that I attended directly across the street from this site in a room owned by Northeast Hospital did the subject come up or any opposition to this proposed site that everyone has known about for more than 13 months. Thank you. (Audience reacts.)
If there any outbursts, I am going to ask people to leave. Now, I don't want to get to that point. So I'm asking please, please that there are not outbursts from anyone. Thank you.
Councilman Kenney, I believe you had a point of order before Councilman Nutter.
Thank you, Madam President. This is just a procedural question. As it currently stands, there was a motion on the floor which was seconded to suspend the Rules to allow for first reading of the entire Committee report. I just need some type of ruling on whether or not Councilman Cohen's motion is in fact in order as it relates to a motion being on the floor and seconded. We can work it out if it comes to the point where we need to separate the motions, but at this point I don't know if the procedure is correct.
The Chair recognizes Councilman Nutter for a point of order.
Thank you, Madam President. Madam President, we might be able to get the individual members, Councilman DiCicco, where they need to be. There's no reason we cannot separate these bills in terms of Committee reports to vote on them separately. If it's a three-bill package -
The non-Wal-Mart bills can be separated from the rest of that package and have a separate Committee report just on that particular bill. We can go and vote on the rest of the bills. What we need to have happen is -- Councilman Kenney is correct. Councilman Cohen I would suggest needs to withdraw his motion for the moment. Councilman Kenney needs to withdraw the Committee report for the moment. Put the four bills in a package as a Committee report and have a separate Committee report on the bill that is the topic of conversation, and then the two Councilmembers can have their conversation strictly about that Committee report solely on that particular bill.
In the interest of moving this along, I would withdraw my original motion to approve the entire report and make a motion to -
If it's appropriate, I would like to make a motion to have the Rules of Council suspended so as to permit first reading of this day of Bills No. 030670, 030709, 030721, 030730. And then I want to make a separate motion that Bill No. 030740 and its Rules suspension be considered separately, all to be read today if all these bills are approved and the Rules of Council are suspended to allow that to happen. (Duly seconded.)
It has been moved and seconded that the Rules of Council be suspended so as to permit first reading this day of Bill Nos. 030670, 030709, 030721, and 030730. All in favor will indicate by -
I want to know whether those bills include the Wal-Mart bill or not?
The ayes have and the bills just read will be placed on today's First Reading Calendar.
Madam President, I make a motion that the Rules of Council be suspended so as to permit first reading this day of Bill No. 030740.
It has been moved and properly seconded that the Rules of Council -
I understand from Councilman DiCicco that it's his opinion that the Goldman building is now polluted. If so, I say let's not increase the pollution by adding Wal-Mart to the polluters. (Applause.)
Let's work with getting rid of the current pollution and not taking away the rights of labor. If we were able to get the exact people here in this room, I think you would find overwhelmingly that the people from Port Richmond are opposed. (Applause.)
I don't want to embarrass those that are allegedly here to support the union, but I'll bet that almost none of them are from Port Richmond. (Applause.)
And it's a terrible thing to be pitting labor against community interests. Both are very important interests. And we ought to do everything we possibly can to avoid pitting one against the other. And to bring in Wal-Mart, the worst employer, polluter in the country today, is no solution to the Goldman problem of pollution; it worsens it. And Wal-Mart has to learn, if they don't already know, that they're not welcome to Philadelphia. They're not going to be welcome until they begin acting like an honest employer who knows that a job means you family, provide health benefits. Wal-Mart has a well-known history. If it's possible at all, they fight against providing any health insurance for anybody. And then and only then at the last stages do they offer a health plan, and then they limit it to the worker, separating the worker from the rest of his family. If it's a he or a she, doesn't make any difference, but they'll only recognize the worker's rights to health benefits if they have to recognize anybody else. It puts a terrible strain on the family. It means the worker is saying, "I'm selfish, I'm going to protect myself but I'm in no position to protect my family." It's a terrible thing to do. The minimum wages paid by Wal-Mart don't deserve the support of Philadelphia. And I'm shocked that my colleague Councilman DiCicco after the demonstration by the constituents in his district is still presenting the job issue. These are fake jobs; these are not real jobs. (Applause.)
The union that's here talking about jobs is not the union that represents the people that are going to be working at Wal-Mart; it's the people that will be building it. And then after they build it, they leave and they go on and work somewhere else. And I want to see that they can work too, but not at the cost of destroying a whole community. Port Richmond is probably one of the oldest and most basic communities in Philadelphia. It deserves to be fought for, not opposed. (Applause.)
This Council and this Administration need to be in the business of strengthening communities, not destroying them. And, therefore, I ask Councilman DiCicco again not to present his motion because I'll tell you, there will never be a day of peace in this Council if this motion is approved. There won't be a day of peace, and I will oppose everything that is aimed at by Councilman DiCicco since he will have proved himself interested in destroying an ancient and historic community, a community that deserves the support of everybody in Philadelphia and deserves the full support of labor. Therefore, I ask Councilman DiCicco again not to present his bill. (Applause.)
The Chair recognizes -- Councilman Cohen, are you quite finished?
Do you want me to recognize Councilman DiCicco at this time?
Thank you, Madam President. This is not the first time that Councilman Cohen has threatened me that any peace in this Council. But for a long time, this has been peace between the Councilman and I. And unfortunately, we are ending this Session and this year on different terms on different sides of the aisle. I'm going to respectfully request again that the Rules of Council be suspended. To suggest that I am trying to destroy a neighborhood, I do find that somewhat insulting. There will be differences of opinion. There are people on both sides of the aisle in here, excluding -- Councilman, I listened to you; I would ask for the same courtesy. Excluding the folks who are here from the buildings trades, and there are many; there's no question about it. We have over 1500, almost close to 2,000 signatures in support of the Wal-Mart.
Councilman, I've listened to you, and I'm asking you to same courtesy. We can go through this day in and day out. You've been around long enough. We get petitions all the time. Sometimes petitions are good; sometimes they're not so good. It is almost an impossible task to decipher between who is actually a resident and who is signed on behalf of someone else. I can tell you the one thing that I know. There is a building that is sitting there and has been sitting there for about three years, a building I desperately tried to save the printing company, working with the Commerce Department and PIDC. Every kind of tax incentive imaginable was offered to that company to keep them in Port Richmond. At the end of the day, none of the things we had on the table worked. The company went belly-up. We have a seven-acre building sitting there vacant. It is a site of prostitution and drugs. Some small fires to date. God forbid, we all know about when these vacant buildings, these warehouses are set on fire by arsonists throughout this City. Is Wal-Mart the best thing? I will say, no, it is probably not; but it's the only thing. It is the only developer that has come forth today. The hospital walked away from this deal three years. And now at the 11th hour they are saying that -
-- "if we buy the property, we would turn it into a parking lot." They have a parking lot behind its facility. They have a parking lot on the south side of Allegheny Avenue. And they have no plans for any development at this time nor do they suggest they have plans in the future.
They've had over three years. They have never presented a plan to me to develop that site. And it was on the record at the hearing - (Audience reacts.)
Excuse me, Councilman. I'm sorry. We are going to have order in here or I will clear out the entire room so that we can proceed with our hearing. Again, I will ask all of our spectators to please be respectful. Thank you.