COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING - COMMITTEE OF THE WHOLE Room 400, City Hall Philadelphia, Pennsylvania Thursday, April 7, 2005, 10:15 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE L. BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 Stated - 4/7/05 P R O C E E D I N G S
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. To give our invocation this morning, the Chair welcomes Bishop Lionel Parsons of the Greater Gethsemane Outreach Ministries. He is here today as the guest of Councilman Nutter. All guests and members will please rise.
Good bless you. It certainly is a privilege and an honor to be here this morning. I hope that the hand of the Lord has found you in great health. And we do give honor to God and to every one of the Council and to the President of the Council, and to my good friend, Councilman Michael Nutter. We're going to look to the Lord just Stated - 4/7/05 very quickly. Father, we do thank You in the mighty and precious name of Jesus. We thank You for your goodness, your kindness, and you mercy and love, unchanged and untouched. We recognize these your children because you indicate that in the Word of God. You've side in Corinthians that the government is a gift. And you also recognize in the Book of Galatians that we ought to pray for the government. The only gift that you have told the people of God to pray for, that they may pray for the gift of government, those that are gifted to govern, those that are gifted to lead. And so, Lord, we thank You now for these persons that stand before You that are gifted, and we ask that You infuse them with Your power, that You stabilize them with Your mercy, and that You keep them in Your unity. Father, we thank You so very much because You also said that we ought to stir it up. With such a great challenge that they Stated - 4/7/05 face every day, where they need to be encouraged, they need to be energized. And we ask... Among the millions of people that You've chosen these out of each and every family, each and every community to represent You, to make decisions on Your behalf for the people that You've put under them. And so, Lord, we ask that You energize, and You keep, and You bless, that their decisions be influenced by You, that You might influence the world. We thank You, and we praise You. Amen.
Amen. The Chair thanks Bishop Parsons for his very inspiring invocation. Council will be at ease. The next order of business is the approval of the Journal of the Meeting of Thursday, March 31, 2005. And the Chair recognizes Councilwoman Blackwell.
Thank you, Stated - 4/7/05 Madam President. I move that the Journal of the Meeting of Thursday, March 31, 2005, stand approved.
It has been moved and properly seconded that the Journal of the Meeting of Thursday, March 31, 2005, stand approved. All in favor will please indicate by saying aye. (Chorus of "ayes.")
The ayes have it. The motion carries. And the Journal of the Meeting of Thursday, March 31, 2005, is approved. The next order of business is requests for leave of absence. And the Chair recognizes Councilwoman Blackwell.
Thank you, Stated - 4/7/05 Madam President. On behalf of the majority, a leave of absence is requested for Councilwoman Krajewski and for Councilman Ramos.
Thank you. Leave will be granted. The Chair recognizes Councilman Rizzo.
Madam President, the Republicans... There's no requests for a leave.
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 Stated - 4/7/05 communications. I'm sorry. The Chair recognizes Councilman Kenney.
Thank you, Madam President. It is my honor today to introduce some visitors from Poland who have come to us today through our fine retired Judge Zaleski who we all know, who is here today. And I'd like to take the opportunity to introduce a few people. First it's Justice Katarzina Gonaro (phonetic) of the Polish Supreme Court. She is a member of the court and Vice President of Lusticia (phonetic), the Polish Judge's Association. I'd like to ask her to rise, please.
Accompanying the Justice is Retired Justice Maria Theresa Romer (phonetic), who is, of course, retired and President of Lusticia. Also I would like to mention that Stated - 4/7/05 Judge Romer is a veteran at age nine of the Warsau uprising, where she delivered messages between home army units through the city streets, back alleys, and sewers. So, a very strong and important person here today. So, justice. (Applause.)
We also have with us Dr. Tomas Shanoff (phonetic), who's the Chairman of the School of European Law at Catholic University in Lublin, Poland. (Applause.)
And, of course, we couldn't go without saying hello to Judge Zaleski. Judge Zaleski, thank you.
Thank you for joining us. And we certainly welcome you.
Thank you, Madam President. In my best Polish, I'd like to say vitame (phonetic). Welcome. Thank you.
The next order of business is communications. Stated - 4/7/05 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 transmitting for the consideration of your honorable body a draft of 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 Cecil B. Moore Urban Renewal Area designated as Parcel Number 369; and an ordinance amending Title 4, subcode a, of the Philadelphia Administrative Code, to clarify the types of permits, in connection with which the Department of Licenses and Inspections may charge fees for providing accelerated plan reviews, and to establish a fee for the electronic storage of building plans, all under certain terms and conditions. Stated - 4/7/05
Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions. And the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the rules of Council be suspended in order to permit immediate consideration of resolutions at their time of introduction. UNIDENTIFIED COUNCIL PERSON: Second.
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. Stated - 4/7/05 All in favor of the motion will signify by saying aye. (Chorus of "ayes.")
The ayes have it, and the motion carries. The Chair at this time recognizes Councilman Kenney.
Thank you, Madam President. I offer one bill. Thank you.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Title 9 of The Philadelphia Code, entitled regulation of business, trades and professions, by amending Section 9-601, entitled garages, parking lot, sales lots and showrooms, by providing further for the filing of rates by public parking garages, under certain terms and conditions. Stated - 4/7/05
The bill will be referred to the appropriate committee. The Chair at this time recognizes Councilwoman Blackwell.
Madam President, today I have no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Mariano.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Title 4, subcode a, the Philadelphia Administrative Code, to clarify the types of permits in connection with which the Department of Licenses and Inspections may charge fees for providing accelerated plan Stated - 4/7/05 reviews and to establish a fee for the electronic storage of building plans.
This bill will be referred to the appropriate committee. Again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning I introduce a resolution on behalf of Councilman Cohen, who should be in shortly.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution in solemn recognition during the week of May 6 through May 12, 2005, of the annual remembrance of the six million Jewish martyrs who perished during the holocaust.
Thank you, Madam President. Stated - 4/7/05 I move for the adoption of the resolution. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Chorus of "ayes.")
The ayes have it, and the regulation is adopted.
Offer two resolutions, Madam President. I'd like to speak on the one.
A resolution recognizing April 25, 2005, through April 29, 2005, as Shelter-in-Place Week in the City of Philadelphia. Stated - 4/7/05
It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted. The Chief Clerk will please read the title of the second resolution.
A resolution authorizing the Council Committee on Commerce and Economic Development to hold hearings on the findings and recommendations of the Brookings Institute report entitled, The Price Is Wrong, Getting the Market Right for Stated - 4/7/05 Working Families in Philadelphia.
Move for the adoption of the resolution. I want to speak. I'd like to briefly note, Madam President, that the Brookings Institute report that was issued this week, called The Price is Wrong, Getting the Market Right for Working Families, was an initiative that was pulled together by the Greater Philadelphia Urban Affairs Coalition, who put together an advisory group of leaders in Philadelphia to guide the study and coordinate the advisor's involvement. This report is about the tremendous and largely hidden opportunity Philadelphia has to grow its middle class by getting the market right for working families. It reveals the troubling fact that working families living in the City are paying higher prices than other residents of the metropolitan area for a wide range of everyday goods and services, from insurance Stated - 4/7/05 and loans, to gas and groceries. The good news is that the state and local leaders have the ability to take numerous actions that can dramatically reduce the prices that families pay for necessities. And I'd like to say that, in keeping with this Council's actions on the anti-predatory lending bill, I believe after we have a full discussion of the Brookings report before the Commerce and Economic Development Committee, we can incorporate some of the recommendations in the report that they issued, as well as may come up with other ways to help our working families in Philadelphia. I want to applaud the Greater Philadelphia Urban Affairs Coalition and Charmaine Matlock Turner, who's the Executive Director, for their leadership and continuing to work on behalf of families in Philadelphia. And we look forward to a very lively, spirited and productive discussion, as we move to hear the results of the report. Stated - 4/7/05 Thank you.
Thank you. It has been moved and properly seconded that resolution be adopted. All in favor will signify by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. This morning I offer three resolutions.
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 Stated - 4/7/05 Redevelopment Authority deeds located in the 23rd ward of the City of Philadelphia.
Thank you, Madam President. Excuse me. Did that say 23rd or 22nd?
I believe the backer indicated it was the Councilwoman's district. Maybe she can look at it.
That resolution will be held for at least a week. I would ask the Clerk to please read the title of the second resolution.
A resolution Stated - 4/7/05 recognizing April 10th to the 16th, 2005, as National Victims' Rights Week, honoring crime victims and survivors.
I move for the adoption of the resolution. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted.
And a resolution recognizing April 15th to the 17th as National Youth Service Day.
The Chair again recognizes Councilwoman Miller. Stated - 4/7/05
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Brown. Stated - 4/7/05
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution calling on the Pennsylvania delegation of the United States Congress to reject any joint budget resolution that cuts public services and defeats any quality in our nation, by increasing the tax breaks that primarily benefit the highest income households, and to vote against any future tax breaks that solely or substantially only benefit wealthy Americans and/or large corporations which erode the funding availability for critical domestic priorities.
Thank you, Madam President. I move for the adoption. UNIDENTIFIED COUNCIL PESON: Second. Stated - 4/7/05
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I have three resolutions, and I will be asking to speak briefly on one of the resolutions. Stated - 4/7/05
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 1st, 25th and 31st wards of the City of Philadelphia.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. Move for the adoption of the resolution. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 1st, 2nd, 25th, 31st and 45th wards of the City of Philadelphia.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. Move for the adoption of the resolution. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Chorus of "ayes.") Stated - 4/7/05
The ayes have it, and the resolution is adopted.
And a resolution urging the Mayor not to proceed with the borrowing of funds for the purpose of the central library expansion, as authorized by Bill Number 041041, until Council has held hearings to determine whether financing will unduly impact the operation of the remaining of the Free Library system.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. This is the resolution I wish to speak briefly on, and I will be requesting a suspension of rules, since the resolution was not circulated within the Council rules within 24 hours.
Very well. UNIDENTIFIED COUNCIL PERSON: Stated - 4/7/05 Second. COUNCILMAN DiCICCO: Thank you. Thank you, Madam President. Last week I introduced legislation that would repeal the financing for the expansion of the central library. On the floor and in the press, I think I've been clear about the motivation of that legislation. I cannot tell my constituents that I support a $30 million bond deal for the central library and simultaneously ask them to accept the administration's plan to fire librarians and curtail neighborhood branch hours. At the same time, I promise to kill that legislation if the administration presented a plan, a new plan. I asked the Mayor to listen to the wishes of this City Council and the wants of our constituents. In the last week, I received his answer. It has come to my attention that as recent as yesterday the administration is moving forward with this bond deal at what appears to be an increased pace. He and his Stated - 4/7/05 staff are scurrying to craft a $10 million bond deal as soon as possible. Despite the fact that this body may revoke the original bill, I guess the Mayor didn't get the message. So, today I hope the administration is listening. I hope my colleagues will join me in sending a very clear message. Mr. Mayor, please do not borrow money at the expense of our libraries, our neighborhoods and our constituents. Do not borrow money using the rest of the Free Library system as collateral. Allow us to have a hearing on this legislation before moving forward. I implore you, show us that respect and I will keep my word. Madam President, I move for passage of this resolution. UNIDENTIFIED COUNCIL PERSON: Second. COUNCILMAN DiCICCO: I also move for a suspension of the rules.
And before Stated - 4/7/05 you do, I see that Councilman Goode wants to be acknowledged.
Thank you, Madam President. I've talked to Councilman DiCicco about this issue many times. And I support what he's trying to do for his constituents and people who use the Free Library around the City. And I support looking at those cuts again. I do not see a connection between those cuts and the expansion of the central library. In fact, the hearings that are being called for, it's just an examination to see whether it is actually a connection. I don't believe there is a connection. And so, if there's no connection, this amounts to political extortion. And I'm not necessarily against political extortion, but essentially -(Laughter.) COUNCILMAN DiCICCO: You've come to the right place. Stated - 4/7/05 (Laughter.)
This is not even political extortion that works. I mean, in the end this would be holding back a project that needs to happen for the growth of the City. And we should not hold back that project. And there's no suggestion here that if we hold back this project that should go forward, that those cuts are going to be restored. So this is not even effective political extortion. Thank you.
Thank you. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. Someone who had said earlier and very quietly we ought to try and intervene --
I think that there is a connection because we're going to Stated - 4/7/05 spend three to three and a half million dollars a year on debt service for the project. When we voted on the library project, I questioned it at that time, maybe not publicly, but with some of my colleagues, as to why we were doing it, when we were cutting back on the libraries. It seems that the $3 million each year... They need $5 million. We are on the road to finding money to keep the local libraries open. So, I support what Councilman DiCicco is trying to do, send a message, because priorities are set. The priorities are set on the second floor, not necessarily the priorities we see for the constituents in our district who use these libraries. So, I think that we ought to kind of take a look at this before we move forward.
Yes, Madam President. Stated - 4/7/05 I appreciate my colleague, Councilman Goode's bluntness in using the E word, but extortion is in the eyes of the beholder. When you're against something it's extortion, and when you're for it it's leverage. I see this as leverage. And there's a big components here that I don't want us to lose sight of. That is, that as devastating as the cuts have been from the second floor, the cuts from Governor Rendell in his first two budgets have been more devastating, from a much bigger pocketbook, in Harrisburg. The libraries have been devastated by cuts coming out of the Commonwealth. And this expansion is depending a lot more on state funding to contribute the public end of this than it is the City $30 million. So I think it's actually an excellent time to put the state on notice. As we're going through our budget, they're going through theirs. We're trying to get some kind of agreement that the state will put up, we'll Stated - 4/7/05 put up and restore what we had just two and a half years ago, full service six days a week. And the state might as well know now that there's this wonderful addition being planned on the Parkway and that there's this bigger issue that affects a whole lot of people, many of whom are never going to see that addition, but use their neighborhood library on a regular basis. So, I call it leverage, but if I were against it, I would probably be using the E word. And I hope we can vote both to pass this and eventually come up with an agreement that puts the library back where it should be. Thank you.
You're welcome. The Chair again recognizes Councilman Goode.
At the suggestion of my colleague, I will take back the use of the word extortion and use the word leverage. It is, in fact, leverage; but it's not Stated - 4/7/05 positive leverage. It's negative leverage. In fact, what it's doing is not allowing us to leverage public funds and raise private funds for this project. It is, in fact, killing the fund raising for a $30 million project that's very needed for the City to grow.
The Chair again recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I do appreciate the comments by all of my colleagues, and both Councilwoman Tasco and Councilman O'Neill expressed some of the comments I would have made. I just want to make one final comment before I move on the resolution, as concerning the editorial today in today's Daily News. While I totally disagree with mostly everything they've said, I do take into consideration that one of the paragraphs, when they're talking about painfulness of the crisis in our budget today, they say, well, Stated - 4/7/05 after all, our budget is created with two things: Available cash and priorities for spending it. And I think priorities for spending it goes to the heart of why I'm doing this and using this leverage because the majority of the people throughout the City of Philadelphia, as Councilman O'Neill suggested, are people who are from the neighborhoods. They are constituents, people who want these libraries open, people who deserve to have these libraries open. And ultimately they are the same people who would be asked to flip the bill for $3.5 million annually to pay for the expansion of the central library, a library which most of them will probably never use. With that, I will end my comments and ask for the suspension of rules on this resolution.
It has Stated - 4/7/05 been moved and seconded that the rules of Council be suspended. All in favor will say aye. (Chorus of "ayes.")
The ayes have it. The rules have been suspended. COUNCILMAN DiCICCO: Move for the adoption of the resolution.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Chorus of "ayes.")
The record will reflect that Councilman Goode voted no, and all of the others have voted in the affirmative. So, the resolution is adopted. Stated - 4/7/05 The Chair at this time recognizes -I'm sorry. Is there another resolution? No. We finished the three for Councilman DiCicco; did we not? COUNCILMAN DiCICCO: Yes.
Thank you. The Chair recognizes Councilman O'Neill.
Madam President, I offer one bill co-sponsored by you and myself.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Title 14 of The Philadelphia Code, related to zoning and planning, by amending Chapter 14-500, entitled Industrial Districts, by amending 14-405, entitled L-2 limited industrial districts.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Stated - 4/7/05 Clarke.
Thank you, Madam President. I have two resolutions and one bill. One resolution I'm introducing on behalf of Councilman Juan Ramos.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance granting permission to Moore College of Art to operate and maintain a vending stand and sidewalk seating alongside its property, 1916 to 1934 Race Street.
The bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 18th, 20th, 32nd and 37th wards of the City of Philadelphia.
The Chair Stated - 4/7/05 recognizes Councilman Clarke.
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted.
And a resolution recognizing the achievements of the Hispanic Bar Association and Pennsylvania Legal Education Fund, as it celebrates its 17th annual scholarship banquet on May 12, 2005; and further recognizing and honoring Pedro A. Ramos, Esquire, on being this year's honoree.
The Chair again recognizes Councilman Clarke. Stated - 4/7/05
Move for the adoption. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted.
Yes. Madam president, I offer one privileged resolution on behalf of Councilwoman Krajewski.
Oh. I'm sorry. Madam President, I'd like to offer one privileged resolution on behalf of Stated - 4/7/05 Councilwoman Krajewski.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution declaring April 2005 as Autism Awareness Month.
I move for the adoption. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Chorus of "ayes.") (Chorus of "ayes.")
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Stated - 4/7/05 Rizzo.
The Chair thanks the gentleman. The next order of business is reports from committees, and the Chair recognizes Councilman Clarke for a report from the Committee on Rules.
Thank you, Madam President. Madam President, the Committee on Rules reports one bill with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and the members of the Council of the City of Philadelphia: The Committee on Rules to which was referred Bill Number 050058 entitled, an ordinance to amend the Philadelphia zoning maps by changing the zoning designations of certain areas of land Stated - 4/7/05 located within an area bounded by the Delaware River, lands belonging to the Pennsylvania Railroad Company, terminal avenues belonging to the Baltimore and Ohio Pennsylvania Railroad, 26th Street, lines of the Consolidated Rail Corporation and the Schuylkill River, this land also being known as the Philadelphia Naval Base respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Clarke.
Madam President, I move that the rules of Council be suspended so as to permit first reading this day of Bill Number 050058.
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill Number 050058. All in favor will indicate by saying Stated - 4/7/05 aye. (Chorus of "ayes.")
The ayes have it, and the bill just read will be placed on today's first reading calendar. The Chair again recognizes Councilman Clarke for a report from the Committee on Public Property and Public Works.
Madam President, the Committee on Public Property and Public Works reports 10 bills 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 Philadelphia: The Committee on Public Property and Public Works to which was referred Bill Number 041080 entitled, an ordinance authorizing the Stated - 4/7/05 Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located at the intersection of Wheatsheaf Lane and Sepviva Street; and Bill Number 041082 entitled, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located 837 to 39 Montrose Street; and Bill Number 041083 entitled, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed conveying for nominal consideration located at 626-36 North Delaware Avenue; and Bill Number 041084, a deed bounded by Ruth Street on the northwest, Clearfield Street on the northeast, Emerald Street on the southeast, and Orleans Street on the southwest; and Bill Number 041085 entitled, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located at 1002 Stated - 4/7/05 to 1010 Lemon Street; and Bill Number 050061 entitled, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located 3300 to 22 North Front Street; and Bill Number 050066, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located 1826 to 34 South 10th Street; and Bill Number 050105 entitled, an ordinance approving a lease agreement between Philadelphia Gas Works and Greater Germantown Housing Development, for certain premises located 212 to 214 West Chelten Avenue; and Bill Number 050106 entitled, an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to enter into a sublease agreement to lease from the Philadelphia Municipal Authority portions of the building located at 701 Market Street; and Bill Number 050132 entitled, an ordinance authorizing the Commissioner of Public Stated - 4/7/05 Property on behalf of the City of Philadelphia to acquire by condemnation a certain underground easement through 3111 West Allegheny Avenue; and Resolution Number 050183 entitled, a resolution approving the City of Philadelphia amended 9-1-1 plan and authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to submit the amended 9-1-1 plan to the Pennsylvania Emergency Management Agency for review and approval, as required by the Pennsylvania Public Safety Emergency Telephone Act, 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 Clarke.
Madam President, I move that the rules of Council be suspended so as to permit first reading this day of Bills Number 041080, 041082, 041083, 041084, 041085, 050061, 050066, 050105, 050106, and Stated - 4/7/05 050132. COUNCILMAN DiCICCO: Second.
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bills Number 041080, 041082, 041083, 041084, 041085, 050061, 050066, 050105, 050106, and 050132. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it. The bills just read will be placed on today's first reading calendar, and Resolution Number 050183 will also be considered at the end of today's calendar. The next order of business is the consideration of the calendar. The Chief Clerk will please read the bills on the first reading calendar.
Bill Number 050058, an Stated - 4/7/05 ordinance to amend the Philadelphia zoning maps, by changing the zoning designations of certain areas of land located within an area bounded by the Delaware River and lands belonging to the Pier Hayes Terminal and the Schuylkill River, this land also being known as the Philadelphia Naval Base.
And Bill Number 041080, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located at the intersection of Wheatsheaf Lane and Sepviva Street.
And Bill Number 041082, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located at 837-839 Montrose Street. Stated - 4/7/05
And Bill Number 041083, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located 626-36 North Delaware Avenue.
And Bill Number 041084, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed bounded by Ruth Street on the northwest, Clearfield Street on the northeast, Emerald Street on the southeast and Orleans Street on the southwest.
And Bill 041085, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Stated - 4/7/05 Philadelphia Authority for Industrial Development a deed located 1002 to 1010 Lemon Street.
Bill Number 050061, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located 3300 to 22 North Front Street.
And Bill Number 050066, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located 1826 to 34 South 10th Street.
And Bill Number 050105, an ordinance approving a lease agreement between Philadelphia Gas Works by Stated - 4/7/05 Philadelphia Facilities Management Corporation and the Greater Germantown Housing Development Corporation for certain premises located 212 to 14 West Chelten Avenue.
And Bill Number 050106, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a sublease agreement to lease from the Philadelphia Municipal Authority portions of the building located 701 Market Street.
And Bill Number 050132, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to acquire by condemnation a certain underground easement through 3111 West Allegheny Avenue. The Chair agrees. That completes the first reading Stated - 4/7/05 calendar for today. The Chair now recognizes Councilwoman Blackwell for the purpose of calling up bills on the second reading and final passage calendar to be called for consideration.
Thank you, Madam President. Today Bill Numbers 050164, 050214 and 050065 are being called up for second reading and final passage. All other bills are being held.
The Chair thanks the Councilwoman. The Chief Clerk will please read the title of Bill Number 050164.
An ordinance approving the redevelopment proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the West Fairhill, East Tioga, Hunting Park Urban Renewal Area, being the area generally bounded by Wingohocking Street and Roosevelt Boulevard on the north, North 5th Street and Stated - 4/7/05 North 6th Street on the east, Lehigh Avenue on the south and Broad Street and Venango Street on the west.
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. 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, the bill passes. The Chief clerk will please read the title of Bill Number 050214. Stated - 4/7/05
An ordinance constituting the Sixth Supplemental Ordinance to the Amended and Restated General Airport Revenue Bond Ordinance, and authorizing the Mayor, the City Controller, and the City Solicitor or a majority of them to issue airport revenue bonds of the City of Philadelphia in a maximum aggregate principal amount not to exceed $230 million.
Thank you, Madam Chair. I wish to speak on this bill prior to the vote. This particular bill involving our airport and a SWAP transaction and some additional new money for airport needs is the first bill that's come to us subsequent to the time that this Council has taken up the issue of contract reform. This is a financing transaction. A team has been assembled. I make no comment at all with regard to those professionals. My concern is with regard to the Stated - 4/7/05 process. Many members of this Council have raised issues about the contracting process. The 21st Century Review Forum has raised concerns about our contracting process. And given the nature of this transaction, the issues that have been raised here in this Council and in other places, I would only raise a concern that the administration has indicated that there is at the moment no interest in changing the process. There may not even be a need, from their perspective, to have any changes to the process. I feel somewhat differently about this particular issue. And while this transaction may or may not go forward, it involves primarily a SWAP that appears to be a fait accompli, executed already without this Council's prior approval because of technical issues in another bill. There is a bill still stuck in committee. This Council has raised concerns about the ability of the Finance Director, without Council approval, to engage in Stated - 4/7/05 subsequent SWAP transactions. That may be one of the reasons that bill is still stuck in committee. Having said all of that, I think the only way to give further indication to the commitment to try to change the contracting process is when bills of this type come to us, when they are on the calendar for a vote, if they make it through the committee process, that we express ourselves in voting against these particular measures, in an effort to change the process. The airport certainly has its needs. I don't know what will happen with this bill. I know what I'm going to do with my vote on this particular matter. But a very strong message needs to be sent, I think continuously from this Council, that the need to change is great. It is serious. It is important. And that the least we can do by our votes is to vote in the right fashion. So I'll be voting against this particular measure, for the reasons that I've Stated - 4/7/05 indicated. And I thank you, Madam President, for the time.
You're welcome. The Chair recognizes Councilman O'Neill.
Yes, Madam Chair. I'd like to join in my colleague's comments. Just a few weeks ago the pay to play legislation failed, but it didn't fail for the reason that people were opposed to the bond fees being negotiated, being bid, being pushed down to their lowest possible number, as is being done in counties around Philadelphia and cities around this country, with millions of dollars in savings to the taxpayer. This City has to get on this track. And we don't have to wait for legislation to pass, if we insist that no issues, bond issues, come to us that haven't been bid and that haven't gotten the lowest cost factor. Stated - 4/7/05 So, I vote, one, to protest this practice; but, two, to ask others to join. And this bill could be reintroduced today, and we could be back here in a very short period of time to do it right. And if it passes over my protest and others, we do have other bills coming. And I think it's appropriate that we begin to take a stand on this. Thank you.
You're welcome. The Chair recognizes Councilman Kelly.
Yes. Thank you, Madam President. I want to agree with Councilman O'Neill and Councilman Nutter. I would think I would be more comfortable with this bill and probably subsequent bills that we receive from this Council regarding bond issues had we had an ethics bill passed a few weeks ago. And I just think that somewhere Stated - 4/7/05 along the line we have a responsibility to make sure that all of these bills, such as the amount of these bills, is quite significant. And I think that what we would like to do is just hold up... at least bring more disclosure into these bills. So, therefore, I will be joining Councilman Nutter and Councilman O'Neill in voting no on this particular bill. Thank you.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, as a Council member who voted not to move the prior contracts legislation because I was told that it was not ethics reform legislation, and in subsequent discussions with you and other members it's understood that we need to pass some sort of reform, as it relates to contracts, I would like to ask the sponsor to Stated - 4/7/05 hold this bill until we can get as best possible some information on this particular bill, some disclosure as it relates to the process associated with the selection. Obviously, we will not be in a position to pass an ordinance or have a Charter change to do that. But I think that it's appropriate, and I think that it's doable, for the administration to brief members or submit some information, as it related to both the process on this particular bill; additionally, the individuals or entities that are involved in this particular bond deal. So, I would like to ask the sponsor to hold the bill for the minimum of a week until we can get that pertinent information.
Thank you, Madam President. In lieu of the request, we are happy to do that. So, we will delay the bill at least for a week. Stated - 4/7/05
Thank you, Madam Chair. Madam Chair, one, I appreciate the comments of many of my colleagues with regard to this piece of legislation. I would, in a somewhat unusual fashion, Madam Chair, I would like to put my vote at the moment on the record with regard to Bill 050214, such that whenever it would be called up, my vote would be no.
Very well. I was distracted. I didn't hear what the request was.
I was just Stated - 4/7/05 told that whenever the bill does come up for a vote, you will be voting no.
Yes, whenever that may occur, whether I'm in the chamber or not.
And they're the sentiments of Councilman O'Neill.
Madam President, they are my sentiments also. I would like to join Councilman Nutter and Councilman O'Neill in voting no on this bill.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I would join with my colleagues in requesting the no vote as well.
You could have just voted for it today. Stated - 4/7/05 The Chair recognizes Councilman Clarke.
Madam President, I just had a question about procedure. For future Council sessions, am I to understand that you can leave a vote in a Council session for some future -
But I think they're asking the record reflect that the next time it comes up for a vote they'll be voting no.
They certainly cannot be absent and have their vote as being recorded as a no.
Symbolic. Okay. All right. Any other comments or questions regarding this issue? (No response.) Stated - 4/7/05
I don't think I've ever said on a bill, if it comes up again I'm going to vote no, knowing that things could happen differently. But I don't see how this bill -
-- can be amended when the issue at hand is not in the bill. It's off. It's on another piece of paper. And that is, I assume that all these firms are qualified. I don't have a question about that. The administration has, I don't think, been lax at all in picking firms that are capable. There are many, many out there that are. It is a question of getting the lowest possible fee and joining a practice of Stated - 4/7/05 bidding these fees out and pushing these fees down on behalf of the taxpayers. And it is an area within the legislation that we've been dealing with, that I don't think there's been any difference on. I think the difference is with those that were opposed to Councilman Nutter's legislation and those that did not deal with this area. This is a clear area where I believe Council and the administration disagree. So, that's why I'm going to keep voting no. Thank you.
Thank you. Again, I will repeat. Bill Number 050214 will be held. The Chief Clerk will please read the title of Bill Number 050065.
An ordinance amending Chapter 9-300 of The Philadelphia Code entitled Communication, and amending Title 11 of The Philadelphia Code entitled Streets, and adding a new Chapter 11-700 to The Stated - 4/7/05 Philadelphia Code entitled, right of way management, 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. 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, the bill passes. The Chief Clerk will please read the title of Resolution Number 050183.
A resolution approving Stated - 4/7/05 the City of Philadelphia amended 9-1-1 plan, and authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to submit the amended 9-1-1 plan to the Pennsylvania Emergency Management Agency for review and approval, as required by the Pennsylvania Public Safety Emergency Telephone Act.
Thank you. The Chair recognizes Councilman Clarke.
Move the adoption. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and properly seconded that Resolution Number 050183 be adopted. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and Resolution Number 050183 has been adopted. That concludes our calendar for today. Are there speeches on the part of the minority? (No response.)
Are there speeches on the part of the majority? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco for a motion to adjourn.
Madam President, I move Council stand adjourned until Thursday, April 14, 2005, at 10:00 a.m.
The ayes Stated - 4/7/05 have it. Council stands adjourned until Thursday, April 14th at 10:00 a.m. (Public hearing concluded at 11:11 a.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings and evidence are contained fully and accurately in the stenographic notes taken by me upon the public hearing of The Philadelphia City Council, taken on April 7, 2005, and that this is a true and correct transcript of same. _____________________________ DAVID A. DEIK, RPR and Commissioner of Deeds (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.)