Stated Meeting, March 25, 2004

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, March 25, 2004 10:00 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 JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670

Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes the Reverend D.J. Lawrence from the New Psalmist Baptist Church. He is here today as the guest of Councilwoman Blackwell. At this time, I would ask that all members and guests to please rise. (Invocation given by Rev. Lawrence.)

The next order of the business is the approval of the Journal of the meeting of Thursday, March 18, 2004. And the Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move that the Journal of the meeting of Thursday, March 18, 2004, stand approved. (Duly seconded.)

It has been moved and seconded that the Journal of the meeting of Thursday, March 18, 2004, stand approved. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it. The motion carries, and the Journal of the meeting of Thursday, March 18, 2004, is approved. The next order of business is requests for leave of absence. And again, the Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. Today a leave of absence is requested for Councilman Nutter.

The Chair thanks the Councilwoman, and leave will be Councilman O'Neill.

Madam President, on behalf of the Republican, there are no requests for leave of absence.

The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all Members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. We certainly invite you to come again. At this time the Chair recognizes Councilman Rizzo.

Madam President, we have some guests in Council today and I'd like Matriarch Israel. As a matter of fact, she's a sister of our Sergeant-of-Arms, Charles Register. They're visiting today, the Hebrew Israelite Leadership Council. stand?

We certainly welcome you. Welcome. (Applause.)

Thank you, Madam President.

The Chair recognizes Councilman Clarke.

Thank you, Madam President. Madam President, today I'd like to recognize a couple of individuals from Temple University, Ms. Phyllis Randall from Temple university's School of Social Administration, and I believe she has a couple of students with her. Will you please stand? (Applause.)

Welcome. At this time the Chair recognizes Councilwoman Krajewski who will present a resolution honoring the memory of Sister M. Benedict. Will Mr. Wendell W. Young, Jr., and those accompanying him please join the podium?

A resolution honoring the memory of Medical Mission Sister M. Benedict, M.D. Whereas, Florence Young graduated from Hallahan High School and the University of Pennsylvania before entering the Medical Mission Sisters in 1939; and Whereas, Sister M. Benedict received her medical degree from Women's Medical College in 1946, then completed an internship and preceptorship in general surgery at Miseracordia Hospital in Philadelphia; and Whereas, Sister was sent to Mymensingh East Pakistan to start St. Michael's Hospital. Facing insurmountable odds, Sister took a small, ill-equipped facility with no electricity or water and named it into a hospital which helped over 90 percent of its patients;

Whereas, fresh off her tremendous success in rebuilding St. Michael's, Sister was dispatched to Dhaka, East Pakistan to build a 200-bed hospital. no money, Sister Benedict somehow found a way to get it done and work began on the new facility; and Whereas, Sister Benedict was inducted as a Fellow in the International College of Surgeons in 1955, the first nun and one of the very few women honored; and Whereas, in 1957 she served as Provincial Superior of the Sisters American Province headquarted in Fox Chase with missions extending to four continents; and

Whereas, Sister then studied psychiatry at Cornell University, then practice psychiatry for over 20 years throughout the United States; and Whereas, in her 62 years of religious life, Sister also served as Medical Director Administrator and local Superior in MMS Holy Family Hospitals in India, Bangladesh, Pakistan, and South Vietnam; and Whereas, during this time, Sister was also called upon to oversee construction of these many facilities, to visit MMS hospitals and health sisters around the world consultant to the United States government and facilitating cross-cultural communication and diplomatic affairs; now therefore

Resolved by the Council of the City of Philadelphia that we hereby honor the memory of Medical Mission Sister M. Benedict. Further resolved that an engrossed copy of this resolution be presented to her brother Wendell W. Young, Jr., further evidencing the sincere respect and admiration of this Legislative Body. Signed by the President of Council and sponsored by all Members of City Council. (Applause.)

The Chair welcomes and recognizes Mr. Young for remarks.

I want to thank everybody on behalf of our family and also Sisters of Medical Mission Sisters of Fox Chase, Philadelphia. Thank you. (Applause.)

Council (Council at ease.)

At this time the Chair recognizes Councilman Cohen who will present a resolution recognizing the United Food and Commercial Workers Union. Will Mr. John Meyerson and those accompanying him please join the Councilman at the podium?

Thank you, Madam President. I'm asking Councilwoman Miller, Councilman Ramos, and Councilman Mariano to join me. Councilwoman Miller will do the presentation.

Good morning. Calling upon Albertsons, the owner of Acme Markets, to settle the more than 100-day lock-out of its workers in southern California in a way that maintains their hard-won health benefit and further urging Albertsons and its CEO Larry Johnstone to not try these benefit-destroying tactics in Philadelphia.

Whereas, more than 60,000 members of the United Food and either on strike or locked out of almost 900 stores stretching from central California to the Mexican border, constituting the longest major strike in the history of the retail food history; and Whereas, on October 12, 2003, Albertsons locked out the UFCW after an unprecedented number of its workers, over 95 percent, voted to fight their employers demands to take away health benefits; and Whereas, Albertsons, the owner of Acme Markets, the Philadelphia region's largest grocery chain, and its CEO Larry Johnstone have threatened to cut workers' healthcare benefits although Albertsons' profits rose 100 percent to $2.8 billion; and

Whereas, the Albertsons' proposal would effectively eliminate affordable health benefits in the future by immediately cutting the benefits of new hires and adequately funding benefits for existing employees, leading to either massive cuts or unbearable co-pays; and Whereas, the voters of the City of resolution affirming that affordable healthcare as a basic right of all Americans; and Whereas the Albertsons Acme has continuously misled its customers about the causes of this massive labor dispute that is about the future of affordable healthcare for over 60,000 unionized workers and their families. Resolved by the Council of the City of Philadelphia to call upon Albertsons, the owners of Acme Market to settle the more than 100-day-old lock-out of its workers in southern California in a way that maintains their hard-won health benefits and further urge Albertsons and it's CEO, Larry Johnstone, to not try these benefit-destroying tactics in Philadelphia.

Further resolved by the Council of the City of Philadelphia that an engrossed copy of this resolution be furnished to United Food and Commercial Workers AFL-CIO and Larry Johnstone, CEO of Albertsons Acme as sentiments of this Legislative Body. This is a true and correct copy of the original resolution adopted by Council of the City of Philadelphia on the 26th day of February 2004. Signed by Anna C. Verna, introduced by David Cohen and Richard T. Mariano and sponsored by all Members of City Council. (Applause.)

The Chair recognizes Councilman Cohen.

Just for a moment. The Food and Commercial Union more than any other union except for District Council 33 and District Council 47 seem to be interwoven with the life in Philadelphia. They participate fully all the time in celebrating victories and in agonizing with us when we don't have the victories that we think we ought to have. And that's the main reason for the recognition. They're just part of the fabric of life in Philadelphia, and without them the City would be much poorer in its citizens properly. So I want to welcome John Meyerson, the local representative, he's the one we see almost every week here in Council; and Wendell Young, the nationally known labor leader of the Philadelphia local. Thank you. (Applause.)

The Chair recognizes Mr. Meyerson for remarks.

Thank you, Madam President. Thank you, Dave, Rick, Donna, and all of Council. This strike and lock-out is over. As a matter of fact, this resolution was passed some three weeks ago. And shortly thereafter, this resolution as part of the public support for the workers was instrumental in settling the strike and the lock-out.

A perfect example of cause and effect.

So we want to thank the Council very much for that. This also remains very timely because as it is now, much was going to be here today to thank you is in Washington, D.C. where they are preparing for a possible strike against Safeway, one of the other corporations that was involved in the strike and lock-out in southern California. And if we listen closely, we can hear drums pounding across the Delaware River in South Jersey where the Acme Albertsons contract is up at the end of next month and some of these same issues are being raised. Again, this is particular important because the citizens of Philadelphia have recognized affordable healthcare to be a key issue by passing that ballot question last November, and that's what this battle is about, the ability to preserve affordable healthcare for our members and their families. Thank you very much. (Applause.)

The Chair recognizes Mr. Young.

I again want to thank the representatives of the City of and the Council President Ann Verna for this resolution. It goes a long way because all our negotiations -- we're going to be in negotiations this year, as is Jersey, as John said, in Washington. And the issues are the same: Healthcare and pensions. People need their healthcare and their pensions. These companies don't want to pay them, so we have to fight all over again that we fought for all these years. So thank you very much. (Applause.)

Council will be at ease. (Council at ease.)

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 on March 25, 2004, I signed the following bill that was passed by Council at its Session on March 11 2004: Bill No. 040007. And I am transmitting herewith for the consideration of your Honorable Body the following ordinance authorizing transfers in appropriation for Fiscal Year 2004 within the Grants Revenue Fund from the Director of Finance provision to other grants to the Department of Human Services. And an ordinance authorizing transfers in appropriation for Fiscal Year 2004 from the General Fund certain or all City offices, departments, boards, and commissions and from the Grants Revenue, the Director of Finance provision for other grants to the General Fund.

Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possession. THE

That's all I have, Madam President.

Thank you. The next other introduction of bills and resolution. 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. (Duly seconded.)

It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor of the motion will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the motion carries. The Chair recognizes Councilman Kenney.

Thank you, Madam President. I have no bills or resolutions today.

The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. This morning, I introduce one bill that is cosponsored by Councilwoman Blondell Reynolds Brown.

The Clerk will please read the title of the bill. THE

An ordinance naming and designating the Mantua Recreation Center, located 34th Street and Haverford Avenue, as the James Lee Wright Recreation Center.

The bill will be referred to the appropriate committee. The Chair recognizes Councilman Cohen.

Madam President, I offer one privileged resolution.

The Clerk will please read the title of the resolution. THE

A resolution in solemn recognition during the week of April 18 through April 24, 2004 of the annual remembrance of the six million Jewish martyrs who perished during the Holocaust.

The Chair recognizes Councilman Cohen.

Madam President, on behalf of all of the Members who are present here today, I offer this resolution and introduce a motion to have this resolution approved. (Duly seconded.)

It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. The Chair recognizes Councilwoman Krajewski.

Madam President, I offer one bill.

Councilwoman, I believe that's a resolution.

I'm sorry. It is resolution.

Thank you. The Clerk will please read the title of the resolution. THE

A resolution approving the revision to the Holy Family University Institutional Development District Master Plan.

The Chair recognizes Councilwoman Krajewski.

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 signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Mariano.

Thank you, Madam President. I have one resolution and I have to ask for a suspension of the Rules because I didn't get it circulated in time yesterday. It was a work in progress as the MTV negotiations were going on. I wanted to make sure I spelled all the names right.

Are you moving for suspension? I didn't know we needed a suspension, but if that's what you're asking for, I think you have to make a motion.

I want to make a motion to suspend the rules so we can read this today.

It has been moved and seconded that the Rules be suspended in order for Councilman Mariano to introduce this resolution. All in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it. The Chair again recognizes Councilman Mariano.

I want to introduce this resolution.

The Clerk will please read the title of the resolution THE

A resolution honoring City, State, labor and production officials for their efforts to keep the Real World in Philadelphia.

The Chair recognizes Councilman Mariano.

I move for the adoption. (Duly seconded.)

It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. The Chair recognizes Councilwoman Tasco.

I have no bills or resolutions today.

The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Miller.

Thank you, Madam President. I have one bill.

The Clerk will please read the title of the bill. THE

An ordinance amending Chapter 10-800 of the Philadelphia Code entitled "Safety" by adding a new section entitled "Temporary Removal of Firearms of Persons Posing a Risk of Imminent Personal Injury to Self Or Others."

The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.

Thank you, Madam President. I offer one resolution this morning.

The Clerk will please read the title of the resolution. THE

A resolution authorizing the City Council Committee on Parks, Recreation and Cultural Affairs to hold hearings on 2004 Park Strategic Plan.

The Chair recognizes Councilwoman Brown.

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.)

Those opposed? (No response.)

The ayes have it, and the resolution will be referred to the Committee on Parks, Recreation and Cultural Affairs. The Chair recognizes Councilman Goode.

Thank you, Madam President. I offer one bill and one resolution. The bill co-introduced by Councilwoman Miller, Councilman Ramos, and Councilwoman Reynolds Brown.

Thank you. The Clerk will please read the title of the bill. THE

An ordinance amending Chapter 19-2600 of the Philadelphia Code entitled "Business Privilege Taxes," by making permanent and clarifying the pilot program under which a job creation tax credit will be given to certain businesses that create new jobs within the City of Philadelphia, all under certain terms and conditions.

This bill will be referred to the appropriate committee. I would ask the Clerk to please read the title of the resolution. THE

A resolution honoring the National Community Reinvestment Coalition for its assistance in addressing lending disparities within the City of Philadelphia.

Again, the Chair recognizes Councilman Goode.

I move for the adoption. (Duly seconded.)

It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Ramos.

Madam President, I offer one privileged resolution.

The Clerk will please read the title of the resolution. THE

A resolution honoring the memory of Cesar Chavez by recognizing April 23, 2004, as Cesar Chavez Day.

The Chair recognizes Councilman Ramos.

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 say aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. The Chair recognizes Councilman DiCicco.

Thank you, Madam President. I have no bills or resolutions today.

The Chair thanks the gentleman. The Chair recognizes Councilman O'Neill.

Madam President, I have no bills or resolutions.

Thank you. The Chair recognizes Councilman Clarke.

Thank you, Madam President. I have two bills and one resolution.

The Clerk will please read the title of the first bill. THE

An ordinance amending Section 17-107 of the Philadelphia Code entitled "Contractors Labor Management Relationships" by requiring a certain number of apprentices and journeymen on every City work contract, all under certain terms and conditions.

The bill will be referred to the appropriate committee. THE

And an ordinance amending Section 10-800 of the Philadelphia Code entitled "Safety" by adding a new Section 10-821A entitled "Contraband Weapons, Accessories and Ammunition," providing for the prohibition and registration of certain assault weapons and imposing penalties.

This bill will also be referred to the appropriate committee. THE

And a resolution authorizing Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 47th Ward of the City of Philadelphia.

The Chair again recognizes Councilman Clarke.

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.)

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. Kelly.

Madam President, I have no bills or resolutions today.

The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.

Madam President, no bills or resolutions today.

Thank you. The next order of business are 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 two bills with a favorable recommendation.

Thank you. The Chief Clerk will please read the report. THE

To the President Council of the City of Philadelphia, the Committee on Rules to which was referred Bill No. 040092 entitled an ordinance to amend Philadelphia Zoning Maps by changing zoning designations of certain areas of land located within the vicinity of Fountain Street and Manayunk Canal; And Bill No. 040138 entitled an ordinance approving the first amendment of the redevelopment proposal for the Wister III Urban Renewal Area for the additional land acquisition of approximately 10 properties for residential and related uses; Respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

Thank you. The Chair recognizes Councilman Clarke.

Thank you, Madam President. I move that the Rules of Council be suspended as to permit first reading this day of Bill No. 040138. 03/25/04 - STATED - 1ST READING (Duly seconded.)

It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill No. 040138. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it. And the bill just read will be placed on today's First Reading Calendar. Bill No. 040092 will be placed on our First Reading Calendar for our next Council Session. The next order of business is the consideration of the Calendar. The Clerk will please read the bills on the First Reading Calendar. THE

Bill No. 040138, an ordinance approving the first amendment of the redevelopment proposal for the Wister III the area generally bounded by Wakefield Street and Baynton Street between Wister Street and Shedaker Street for the additional land acquisition of approximately 10 properties for residential and related uses.

The Chair agrees. That is the only bill that we have on our First Reading Calendar. It's my understanding that we have no bills to be considered on the Second Reading and Final Passage Calendar today. Are there any speeches on of the part of the Minority? (No response.)

Are there any speeches on part of the Majority. The Chair recognizes Councilwoman Brown.

Thank you, Madam President. From Eve to Eleanor Roosevelt, from Harriet Tubman to Rosa Parks, history has proven that the impact of a touch, her engagement in this world as activists, as actresses, as monarchs and mothers, women have been movers and shakers. So as we approach the end of March, I would be remiss not to take a moment during this Council Session and remind everyone that this is Women's History Month. And just as a matter of history, in 1987 at the request of many women's organizations, museums and libraries around the country, the National Women's History Project petitioned Congress to expand the national celebrations of Women's History Month month into the month of March. And a resolution was quickly passed in Congress with bipartisan support. And ultimately in 1992, a presidential proclamation carried out this directive what we now to be Women's History Month. You yourself, President Verna, said yesterday at the City of Philadelphia event that acknowledged and celebrated women, who were the first women to serve in this current post, your quote was, "We've come a long way, baby." This Chamber is a perfect example as we have you, the first female heading up this Legislative Body; Majority Leader Blackwell and Majority Whip Tasco leading this Body. We have, what I believe my personal editorial comment, great District Councilpersons in Councilwoman Krajewski and Donna Reed Miller. We have more women in the press corps representing us and reporting on every move that we make. And we have people like Ms. Mary Mason watching over us from her honorable spot in this room; from the female lobbyist to our Chief Clerk, Pat Rafferty. None of this would have been feasible and quite frankly unthinkable 50 years ago. By and large these positions were held by men. And as long as much we've come a long way, we still have a long way to go. There's still too many instances of violence against women, there's still many glass ceilings to break. Parenthetically we can ask the question, how many women are corporate town? How many women of color are on corporate boards on in this town? The answer would not surprise us. There's still too many injustices that women must face right here in our own City. Ms. Mason as recently as yesterday posed a question again, why is it that when political bosses sit down to discuss the future of this City, women are not at the table? But I'm one who likes to see the glass is half full. And so tomorrow we will saluting and hosting our 6th Annual Women Making a Difference. In the morning, we will have workshops covering everything from professional, financial and business development to fashion and personal advice. And then in the afternoon, once again we will salute five ordinary women doing extraordinary things in this town. The awardees this year are Cherie Bank, the medical reporter for WCAU-TV NBC 10; Farah Jimenez, the Executive Director of Mount Airy USA; Carmen Febo-San Miguel, physician, activist in the Latino City; Melonease Shaw who is a businesswoman by day but making a difference in a number of non-profit organizations in her off time; and Neicy Tribbett, Media Personality. So I'm inviting everyone to come celebrate with us at our 6th Annual which will be downtown at the Penns Landing Hyatt Hotel. I thank you this opportunity to speak on women making a difference.

Thank you, Councilwoman. (Applause.)

The Chair recognizes Councilman Cohen.

Madam President, in light of what Councilwoman Brown said, let me add that the celebration of women activities extends into the community, for example, a group here from the fight on 20th Street. And I would ask the President to acknowledge their appearance and ask my colleagues to show them every courtesy if they go around seeking to discuss matters with (Applause.)

Thank you, Councilman. Are there any other speeches on the part of the Majority?

I ask that the President welcome the group who are here.

They all stood, they had their signs up and I think we all applauded. Thank you. At this time, are there any other speeches on the part Majority? (No response.)

Seeing none, the Chair recognizes Councilwoman Tasco.

Madam President, I move that Council stand adjourned until Thursday, April 1 at 10:00 a.m. (Duly seconded.)

All in favor will indicate by aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and Council will stand adjourned until April 1st. Thank you. (Council adjourned at 10:45 a.m.) C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, March 25, 2004, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING _________________________ Lisa C. Bradley, RPR