COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, February 12, 2009 10:05 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO MICHAEL DECKER, THE CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670
Good morning. I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Pastor Rob Burns from the Real Life Ministry of Bridesburg. He is here today as the guest of Councilwoman Krajewski. I would ask all members and guests to please rise. (Members and guests rise.)
Thank you, President of the Council, Verna, for inviting me today and special thank-you to Councilwoman Krajewski for her invitation and also for all the service to the 6th District and specifically to the neighborhood I live in, Bridesburg. We also want to extend our sympathy and of your brother, Sam Kline. Know that we're with you and we're praying for you through that. I'd like to read you a short excerpt from a letter from Ben Franklin that he sent to President George Washington at a point where it seemed they may not be able to come to agreement and finish the Constitution. He writes this: He says, In this situation of this assembly, groping is a war in the dark to find political truth and scare able to distinguish it when presented to us. How does it happen, sir, that we have not once thought of humbly applying to the Father of Lights to illuminate our understanding? And have we now forgotten that powerful friend or do we imagine that we no longer need his assistance? I have lived, sir, a long time, and the longer I live, the more convincing proofs I see of this truth, the affairs of men. And if a sparrow cannot fall to the ground without his notice, is it probable to think that an empire cannot rise without his aid? We have been assured, sir, the sacred writings that accept the Lord build the house. They labor in pain to build it. Let's pray. Father in heaven, creator of all that we see and all that exists, we come before you this day to ask that you grant wisdom to this Council as they wave through the matters at hand. We ask that you remind us continually of our need for you. Not just to impart wisdom in difficult times, but also our need for a savior at all times. Thank you for the wonderful diversity and prosperity that you have blessed this city and its people with over its history. We pray that you would give this city a renewed sense of purpose a renewed consciousness of those around them that are in need, and then give them the courage and compassion to act in the interest of those in need, as you have called all men to do. We pray that in these difficult financial times, that you would provide the resources and ability for the leadership of this city and of this City Council to assist those that are most helpless, provide for those in greatest need, in the process that Philadelphia would weather the storm of this crisis and that you would use it to build unity and not division. We pray for the government officials and law enforcement that face and fight crime and evil in our city each day. Give them strength and endurance to bring about the safety we desire for all people of this city. Bless these proceedings. Help them to be prosperous, always reminding God does govern in the affairs of men. Help this Council to lead with courage, humility, wisdom, mercy and brotherly love. In the name of your son Jesus Christ, who came to earth and died for the sins of each of us and for the whole world, that we bring these prayers to you. We pray as you taught us to pray: Our Father, who art in heaven, hallowed be thy name. Thy kingdom come, thy will be done, on earth as it is in heaven. Give us this day our daily bread, and forgive us our sins, as we forgive those who sin against us. Lead us not into temptation, but deliver us from evil, for thine is the kingdom, the power, and the glory, forever and ever. Thank you.
The Chair thanks Pastor Burns 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, February 5, 2009, and the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, February the 5th, 2009 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, February 5, 2009 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the Journal is approved. The next order of business is requests for leave of absence, and, again, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. On behalf of the majority, a leave of absence is requested for Councilmember DiCicco.
Thank you. Leave will be granted. The Chair recognizes Councilman O'Neill.
Madam President, at this time, there are no requests for leave of absence on behalf of the republicans.
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 We certainly invite you to come again. At this time, the Chair recognizes Councilwoman Tasco, who will present a resolution declaring February 12, 2009 as "NAACP Day" in the City of Philadelphia. Will Mr. Jerry Mondesire and those accompanying him please join the Councilwoman at the podium. Councilwoman.
Thank you, Madam President. Today we stand here 100 years later after the founding of the NAACP, an outstanding organization that has led the fight for freedom and justice in this country for all people, and it is my distinct honor to present this resolution to the local leadership, which will present it to the national leadership, saying thank you for all the wonderful, wonderful work that has been done, and wishing them well for the work to be this resolution honoring the National Association for the Advancement of Colored People on their Centennial Anniversary and declaring February 12, 2009 "NAACP Day" in the City of Philadelphia. Whereas, the City Council of Philadelphia is pleased to honor and recognize the NAACP on the centennial anniversary of this most important organization; and Whereas, the early 1900's were turbulent times for African Americans in the United States. They were subject to political, voting and economic disenfranchisement, segregation, and often violent attacks such as lynching and race riots against their communities; and Whereas, in early 1909, a group of concerned civil rights activists decided to issue a "call" for a national conference on the civil and political on the centennial of Abraham Lincoln's birthday, February 12, 1909; and Whereas, this "call" led to the formation of the National Negro Committee, which organized the permanent body known as the National Association for the Advancement of Colored People, or the NAACP; and Whereas, the mission of the NAACP is to ensure the political, educational, social and economic equality of rights of all persons and to eliminate racial hatred and racial discrimination; and Whereas, the vision statement of the organization is to ensure a society in which all individuals have equal rights and there is no racial hatred or racial discrimination; and Whereas, the strategic plan initiatives of the NAACP are as follows: Membership, Advocacy Training, Legal Capacity, Policy Advocacy Capacity, Justice, Civil Rights Compliance, Economic Empowerment, Educational Excellence, Health Advocacy and Political Empowerment; and Whereas, for 100 years the NAACP has been built and grew on the collective courage of thousands of people. People of all races, nationalities and faiths unite on one premise - that all men and women are created equal; and Whereas, the membership of the NAACP has reflected everyone from school children to laborers to professionals to presidents to just ordinary men and women, those who decided to champion what's right and just; and Whereas, the nation's oldest civil rights organization has changed history in America and Philadelphia, Pennsylvania. For example, the NAACP led the charge for the integration of Girard College, and the opening of jobs, retail stores and entertainment venues that were Americans. Despite violence, intimidation and hostile government policies, the NAACP and its grassroots membership has persevered; and Resolved, that the City Council of Philadelphia, declares and recognizes February 12, 2009 as "NAACP Day" in the City of Philadelphia to recognize the Centennial Anniversary of the National Association for the Advancement of Colored People. Further resolved, that an engrossed copy of this resolution be presented to the representatives of the NAACP as evidence of the sincere sentiment of this legislative body. This is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 29th day of January 2009. It is signed by President Verna, introduced by Marian Tasco and sponsored by all 17 members of this City Council. (Applause.)
Madam President, Council Majority Leader Marian Tasco, all the members of City Council and to all of our friends and members and supporters in this room, we thank you for this recognition. And today is actually the NAACP's birthday. Don't we look 100? I know Duckie does. I try not to. But it is a glorious day. February 12th, as you heard Ms. Tasco tell you, on Lincoln's birthday in New York City, the original Charter of the NAACP was signed and Lincoln's birthday was chosen for obvious reason. Remember that in 1909 when the NAACP was formed, it was just 44 years after what? The Emancipation Proclamation. As I look across this room and look across the City, I see a lot of the and a lot of the contributions that have been made by the organization long before I became President in 1996. In fact, some of you in this room sitting as members of this great legislative body are here because of the contributions of organizations like the NAACP. There are so many individual friends that I'd like to name, but that would be improper to tie you up with that much time, but a couple of people have to be recognized. One is behind me. His name is William Tucker. Of course, he was married to the diverse, the dynamic Dr. C. Delores Tucker. (Applause.)
She was Miss NAACP in Pennsylvania for more than half a century. I wish she were here today to see this hundredth anniversary. And then I look across the room and I see another young woman who is going to be a great leader in our city recognize the NAACP statewide later in the early part of March, and that's Vanessa Brown. She's the new state rep. (Applause.)
The story is not new. Obviously we're 100 years old. Desegregation has been crushed and we now live in the age of Obama, which really sums up what the NAACP began the original struggle for in 1909. And so we also though must never forget that elections of individuals is not the sum total of the civil rights struggle. It is in fact a human rights struggle. And remember that on January 20th when we celebrated the inauguration of Barack Obama, the first President of color in these United States, more than, more than a half a dozen African American young men were probably shot, stabbed or hurt in this city, and that's one of the reasons that this branch has been so active with Mothers in Charge. And their President room, Dorothy Johnson Speight. Would you please stand. (Applause.)
There are numerous causes that we have taken up in modern times, and we continue to take up that cause to making sure that our people stay alive and that we've got to come to grips with this problem. Finally, I would say to you again that on this anniversary, let us remember the many soldiers we lost, people like Cecil Moore, Delores Tucker, Ms. Gladys Reese and Alfonso Deil. Some of these names will reverberate with you and some of them will not. But there are many -- and Leon Higginbotham, Duckie just reminded me. Judge A. Leon Higginbotham was a leader of this branch for many years and went on to great achievements in the legal field and as a federal judge. Many, many people sacrificed their lives, their fortunes to make the reality, to make it possible for us to see the great day on January 20th of this year, to see people like Oprah Winfrey on television, to see people do well in business and so forth and all across this great American landscape. A lot has been achieved in the first hundred years. Let us hope that we can put ourselves out of business during the second century. God bless you and thank you again. (Applause.)
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages to the Clerk. The Clerk will please read the messages from the Mayor.
To the President Council of the City of Philadelphia, I am pleased to advise you that on February 11, 2009, I signed all of the bills that were passed by Council at its session on January 29, 2009; and I am transmitting herewith for the introduction and consideration of your honorable body three resolutions reappointing current members to the Board of Directors of the South Street/Headhouse District of Philadelphia; namely, Ray Kaufmann, Wendy Verna, John Foy; and Seven resolutions appointing new members to the Board of Directors of the South Street/Headhouse District of Philadelphia; namely, JC Sykes, Shana Vitoff, Bernadette Brescia, Greg DeCandia, Robert Drake, Al Grafstom and Rod Millwood; and Also an ordinance authorizing the Department of Public Property to enter into an agreement with the School District of Philadelphia for the School District's use of the City's 800 megahertz public safety radio communications system, all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. I would ask the Clerk to please read any other communications in his possession.
Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilman Kenney.
Thank you. The Clerk will please read the title of the resolution.
A resolution honoring the memory of Octavius V. Catto on his birthday February 22nd.
Thank you. The Chair recognizes Councilman Kenney.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Tasco.
Madam President, I offer one privileged resolution and one resolution on your behalf.
Thank you. The 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 of the City of Philadelphia, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground situate in the 36th and 40th Wards of the City of Philadelphia.
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.)
And a resolution honoring Dr. Frank "Tick" Coleman, esteemed educator, advocate and athlete.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I offer one resolution.
Thank you. The Clerk will please read the title.
A resolution approving a final plan for the continuation of the Chestnut Hill Business Improvement District.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Green.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Jones.
Thank you, Madam President. I have one resolution co-sponsored by Councilwoman Blackwell and Councilman Green.
Thank you. The Clerk will please read the title.
A resolution honoring and acknowledging the "Living History Makers" program for their commitment to breaking the traditional barriers amongst African American organ donors on the occasion of Black History Month.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Goode.
Thank you. The Clerk will please read the title.
An ordinance amending Title 17 of The Philadelphia Code, entitled "Contracts and Procurement," by creating new requirements relating to the submission of an Economic Opportunity Plan.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer two resolutions and one bill.
Thank you. The Clerk will please read the title of the bill.
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Philadelphia Home Rule Charter authorizing City Council to provide, by ordinance, for bid preferences on City contracts either for bidders offering environmentally preferable products or services or for businesses whose products, services and operations demonstrate a high level of environmental stewardship.
The bill will be referred to the appropriate committee.
And a resolution proposing an amendment to the Philadelphia Home Rule Charter authorizing City Council to provide, by ordinance, for bid preferences on City contracts either for bidders offering environmentally preferable products or services or for businesses whose products, services and operations demonstrate a high level of environmental stewardship.
This resolution will be referred to the appropriate committee.
And a resolution authorizing City Council's Committee on Public Safety to hold public hearings to evaluate fire safety requirements and procedures in the City for the protection of senior citizens and persons with impaired hearing, vision or mobility.
Thank you, Madam President. That bill is co-sponsored by Councilwoman Donna Reed Miller and I move for the adoption. (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 will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Two bills, one resolution.
Thank you. The Clerk will please read the title of the first bill.
An ordinance renaming and designating the Fotteral Square Playground as the "James Young Memorial Playground."
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Department of Public Property of the City of Philadelphia to enter into an agreement with the School District of Philadelphia for the School District's use of the City's 800 megahertz public safety radio communications system.
This bill will be referred to the appropriate committee.
And a resolution recognizing and honoring the Strawberry Mansion Athletic Association.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Kelly. 2/12/09 - STATED - 2ND READING
Thank you. The Chair recognizes Councilman Rizzo.
Thank you. Since there are no reports from committees, the next order of business will be the consideration of the Calendar. There are no bills listed on the First Reading Calendar, to my knowledge. Therefore, the Chair recognizes Councilwoman Tasco for the purpose of calling up bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Bill No. 080945 is 2/12/09 - STATED - 2ND READING being called up for second reading and final passage. All other bills are being held.
Thank you. The Clerk will please read the title of Bill 080945.
An ordinance amending Chapter 12-2400 of The Philadelphia Code, entitled "Towing and Immobilizing of Parked or Abandoned Vehicles," by changing the fees for damage to vehicle booting devices.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll.
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. That concludes our Second Reading and Final Passage Calendar for today. Are there speeches on the part of the minority? (No response.)
Are there speeches on the part of the majority? The Chair recognizes Councilwoman Brown.
Thank you, Madam President. Again, I would like to offer a friendly reminder to my colleagues to please join us in the invitation offered by the African American Museum of Philadelphia, Ramona Riscoe Benson, where they will host all Councilmembers and/or a staff representative next Thursday, February 19th, all in the occasion of African American History Month and with particular attention to the newest exhibit there at the Museum. Thank you, Madam President.
You're welcome. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Just yesterday we had a workshop at the Convention Center. I would like to thank all those who participated, your office, Councilman Greenlee was there, everyone on our Housing, Neighborhood Development and the Homeless Committee. All the workshops were well attended. We had one on emergency housing issues; one on tangled titles, fraudulent deeds and squatters issues; a third workshop on housing preservation and programs; and a fourth workshop on housing foreclosure prevention. The only criticism was that people wanted to be in all the workshops and obviously they couldn't, and it was for Council staff. So I would like to thank everyone. Herb Wetzel did a good job on pulling it together for this Council. I would like to thank again your office, Councilman Greenlee, Councilwoman Tasco and all who participated, all the offices workshop. It was quite wonderful. And we will say, next week we will have certificates like these. We've started printing those for all who participated. All things are possible when you work together, Madam President. Thank you all again.
Thank you. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. For two days, Tuesday and Wednesday, I attended a lobbying session at the National League of Cities with the National Black Caucus and local elected officials. We had briefings by the legislative staff of the NLC and spent some time on the Hill yesterday with some of the congressional representatives to talk about the stimulus bill. As of last night, the bill had -- the conference bill, and we hope that the Senate and the House will vote on the stimulus package. It's not all that we want, but hopefully that it will make a change in our country, because we are suffering financially and a lot of people are losing their homes and their jobs and we need something to relieve the chaos and the pain. Our National League of Cities staff asked us and -- they didn't have to ask us, but they were praising our Senator Specter for his vote, which made it possible for us to have the stimulus package, and I would like to say thank you to Senator Specter for voting with the President on the stimulus package. It will do us well. So I encourage my colleagues to send him letters or e-mail him and thank him for his leadership.
Thank you, Madam President. Yesterday we had some hearings here in the Committee of Public Safety chaired by Councilwoman Donna Reed Miller. The subject was Community Court, an alternate type of court, expanded upon the Center City model to neighborhoods. Five of the DA candidates came out to those hearings, talked about their commitment to expanding this concept. This concept is often also called problem-solving court. It is a holistic approach to dealing with the crime and punishment issue in the City of Philadelphia. One thing that I noticed when I came here as Councilman, the old Commissioner of Police and the new Commissioner of Police both agreed on one thing, that we cannot arrest our way out of some of the issues involved in crime in the community. But through this approach, we can do a win, win and win scenario by reducing the amount of people incarcerated in our city and reducing the tax burden to the City of Philadelphia. Thank you.
You're welcome. Are there any other speeches on the part of the majority? (No response.)
Seeing none, the Chair recognizes Councilman Clarke for a motion to adjourn.
Thank you, Madam President. I move that Council stand adjourned until February the 12th, Thursday, 10:00 a.m., 2009.
Do I hear a second? Is there a second? (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, February 26th at 10:00 a.m. All in favor will say aye. (Aye.)
I'm up here alone. Those opposed? (No response.)
The ayes have it and the motion carries. Thank you. (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 February 12, 2009, 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.)