COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, September 23, 2004 2:00 p.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 (City Council's stated meeting was delayed and preceded by a speech by Mayor John F. Street.)
I'm having a great day. First of all, I'd like to thank the Councilmembers who are here for being here and other Councilmembers who are not here. This is a great country. It's free. People can be where they want to be for the most part. People who want to be here can be here; people who do not want to be here don't want have to be here. I appreciate the labor leaders who are here. This is our government. This is your government. This is your City Council. This is your Mayor. And we all have a right to express ourselves. And I told some reporters on the way up here I spent 10 years disrupting City Council and then I spent 20 years working in City Council having to work around the disruptions of people coming to City Council. I must tell you, when I heard that you were here today, I called the Council President and said if there's anything I can do just ask me because I understand that you have a very legitimate concern: A, that you do not have a contract; and B, you have a legitimate concern that the contract that you get should be a fair contract. It should be a fair contract. (Applause.)
I want to address a couple of different issues that I think are important to you. The first one is the fairness of any contract, the fairness of any contract. And what I want people to do, and I especially invite the union leadership here, Pete Matthews and Tom Cronin, I invite you after I speak to check with the members of the press corps and I want you to ask them whether or not I have said anything today about the work and the importance of these union members, these City workers, I want you to check whether or not I've said anything different today than the kinds of things that I have been saying now for almost two months. I want you to check, because I don't want you to think I came here and gave a speech for you in front of your face that I have not been making behind your backs, because virtually everything that I am about to say I have said when you have not been around. I have said that you deserve a fair contract. I have said that I do not intend nor believe you should accept four zeros. You shouldn't have to accept three zeros or two zeros. (Audience reacts.)
I have said this. I have also said that I do not believe it is fair that Administration after Administration have sought to hold down salary and benefit increases to non-uniformed workers when uniformed workers have arbitration and they get their benefit increases and sometimes salary increases anyway. I've said that. (Applause.)
I have also said that something that is particularly troublesome to me, especially bothersome is the fact -- and let me make this clear. I don't have anything against police officers or fire-fighters. As a matter of fact, I've had about as rewarding a relationship with the uniformed workers of this City as I could imagine because the Police Department and fire-fighters have done a magnificent job in this City and I wouldn't take anything away from them, not one thing. (Applause.)
And I have been in patrol cars. I have ridden bikes through every police district of this City. I have been out there, and I would never disrespect or take anything away from the police officers. In fact, I didn't appeal their arbitration award because I believed that it was fair. I did not appeal it. (Applause.)
I have also said that the thing that probably bothers me more than anything else is the disparity between the amount of money this City spends for your health benefits and the amount of money we spend for uniformed workers benefits. I've said that. (Applause.)
I say it every time we have press when I get asked about it, and I say it today. I've said it privately, publicly. It really eats at me because a person who chases behind a trash truck goes to the same doctors, the same hospital, buys healthcare in the same network as everybody else. (Applause.)
Now, I had a little bit of an issue during the campaign last year. You remember, there actually was a campaign last year. You forgot about that. There was a campaign last year. And I said at that time, because I was asked, "Will you promise that you will give us parity in the amount of money that's spent for health benefits for uniformed versus non-uniformed workers?" I said no, I won't make that commitment. I said I wouldn't make that commitment because knowing the finances of this City, we can't afford to make that commitment. We can't clean that up. That disparity didn't develop in one contract and that disparity isn't going to end in one contract. I can't do that. But it's troubling that the disparity exists and I'm going to do something to try to rectify at least some part of that disparity in these negotiations. In these negotiations. (Applause.)
And I'm going to try to be fair. And being fair means we have to spend money that we do not have. We have to spend money that we do not have. Now, we believe that we have a great City and we're making huge investments in our City and we're investing in children and we're investing in a bunch of things that are important to this City. We're also investing in tax reductions. We're investing in tax reductions. But the issue for us is how far should we go. And I have taken a position that we should do no further tax reductions that interfere with our capacity to give you a fair contract. (Applause.)
Because I believe that your work in the City is important. To the extent that we have fewer City workers, then we have fewer services. And when we have fewer services, we compromise the quality of life for people in this City, and then it may not matter how many tax reductions we have. If people don't like the City, if it's not safe, if it's not clean and they don't want to live here, whether or not they pay an extra 50 or $200 a year less in taxes isn't going to make the difference. It's not going to make a difference. So this is my commitment to you, because Councilmembers have to be able to go about their business. They've been patient, but they have to be able to go about their business. (Audience reacts.)
My commitment to you is to be fair, is to be fair with wages and to be fair with benefits. Right. I need a little cooperation and we'll discuss all of that because -(Audience reacts.)
Patience is a virtue. Patience is a virtue. My commitment to you is, A, it will be fair; B, we will try to correct not all but some of the inequities. I need a little help and I will organize the City's negotiating team so that we can commence around-the-clock negotiations within 24 hours. (Applause.)
Now, let me tell you what I won't do because it's important for you to know what I will not do. A, I will not be engaged or have the City engaged in these negotiations tomorrow during the Kerry rally because I'm going to be there. I'm not going to do it then. B, I'm not going to do it during the time when I'm going to be in church. I'm going to church. I'm not going to do it then. But if the leadership is willing, and I think the leadership is because I believe in working with the leadership, I believe that we ought to be able to have a contract -- if we start within the next 24 hours, we ought to have a contract before City Council convenes again next week. I think we ought to be able to have a contract before City Council convenes. (Applause.)
Now, what I'd like you to do is give a big round of applause to your leadership and the Councilmembers that are here and others, big round of applause. (Applause.)
Everybody's attention, please. Thank you very much. We did have Reverend Dr. Philip Graham Ryken here earlier today. Needless to say, he had other commitments. So I would ask my colleagues to please stand for a moment of silent prepare. (Moment of silent prayer.)
Thank you. The next order of business is the approval of the Journal of the Meeting of Thursday, July 1, 2004. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the Meeting of Thursday, July 1, 2004, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the Meeting of Thursday July 1, 2004, stand approved. All in favor will indicate by saying (Aye.)
The ayes have it. The motion carries, and the Journal of the Meeting of Thursday, July 1, 2004 is approved. The next order of business is requests for leaves of absence. And the Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. On behalf of the Majority, there are no requests for leaves of absence.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, a leave of absence is requested for Councilman Jack Kelly.
Thank you. will so reflect that. Councilwoman Miller, it is my understanding that you would like to be recognized?
Yes. Thank you, Madam President. Madam President, as you know, I was going to present a citation declaring September 23, 2004 as John W. Coltrain Day in the City of Philadelphia, and I'd like to present a copy of the citation for the record of City Council and also the remarks coming from the Executive Chair of the Board of the TraneStop Resource Institute, I'd like to submit a copy of his remarks for the record also.
Thank you very much. The next order of business is communications. The Chair requests that the sergeant of 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 City of Philadelphia, I am pleased to advise you on September 23, 2004, I signed the following bill that was passed by Council at its session on July 1, 2004: Bill No. 040598. And I'm transmitting with this correspondence for the introduction and consideration of your honorable body a proposed ordinance and resolution that repeals Chapter 20-600 of The Philadelphia Code entitled "Standards of Conduct and Ethics" and enacts a new Chapter 2600 of the Philadelphia Code entitled "Standards of Conduct and Ethics." And I am transmitting for the consideration of your honorable body a draft of a resolution entitled, 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 Model Cities Urban Renewal Area designated as Parcel No. 388. resolution for the redevelopment and urban renewal of a portion of the Model Cities Urban Renewal Area designated as Parcel No. 398. And a resolution for the redevelopment and urban renewal of a portion of the Cecil B. Moore Avenue Urban Renewal area designated as Parcel No. 367. And a resolution approving the actions of the Board of the Philadelphia Industrial Development corporation and the Philadelphia Authority for Industrial development to sell parcel E19 located at 7401 Holstein Avenue in the Eastwick Urban Renewal Area. And an ordinance approving the Fiscal Year 2005 Capital Budget providing for expenditures for the capital purposes of the Philadelphia Gas Works.
Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possession. THE
Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit the immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer two resolutions and two bills.
Thank you. The Chief Clerk WILL please read the title of the first bill. THE
An ordinance amending Title 22 of the Philadelphia Code entitled "Public Employees Retirement Code" by a amending Section 22-501 relating to service connected healthcare benefits to amend the requirements, all under certain terms and conditions.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Title 10 of The Philadelphia Code entitled "Regulation of Individual Conduct and Activity" by prohibiting the attendance of children under the age of 6 at certain movies shown at theaters establishments after 7:00 p.m. and amending Title 9 of the Philadelphia Code entitled "Regulation of Business, Trades and Professions."
This bill will also be referred to the appropriate committee. THE
And a resolution commending Salvation Army on the occasion of its 125th anniversary in Philadelphia and proclaiming October 5, 2004, as Salvation Army Day.
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 say aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution authorizing City Council's Committee on Legislative Oversight and Committee on Public Safety to hold hearings concerning the safety of Philadelphia's school children as they make their way to and from school.
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 say aye. (Aye.)
The ayes have it, and the resolution will be referred to the joint Committees of Legislative Oversight and Public Safety. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce 14 resolutions and 6 bills; 4 resolutions are your behalf and 2 bills and 1 resolutions are on behalf of the Administration.
Thank you. The Clerk will please read the title of the bills. THE
An ordinance amending the Philadelphia Code by creating a new license for convenience and takeout stores and by adding standards and conduct of convenience and takeout stores, all under certain terms and conditions.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Title 14 of The Philadelphia Code entitled "Zoning and Planning" by adding a new Section 14-1628 entitled "District Special Controls."
This bill will be referred to the appropriate committee. THE
And an ordinance amending Chapter 20-300 of The Philadelphia Code by changing the annual salaries of the members of the Board of Revision of Taxes and members of the Board of Viewers, all under certain terms and conditions.
This bill will be referred to the appropriate committee. THE
And an ordinance authorizing transfers in appropriation for Fiscal Year 2005 within the General Fund from the Department of Public Property city subsidy for SEPTA to the Director of Finance and authorizing the Director of Finance to convene a panel for the purpose of administering funds to distressed business and community affected by the Market Street Elevated Construction Project.
The bill will be referred to the appropriate committee. THE
And an ordinance repealing Chapter 20-600 of The Philadelphia Code entitled "Standard of Conduct and Ethics" and enacting a new Chapter 20-600 of the Philadelphia Code entitled "Standards of Conduct and Ethics."
The bill will be referred to the appropriate committee. THE
And an ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Philadelphia Home Rule Charter creating and empowering a board of ethics as approved by resolution of City Council.
This bill will also be referred to the appropriate committee. THE
And a resolution proposing an amendment to the Philadelphia Home Rule Charter creating and empowering the new Board of Ethics and providing for the submission of the amendment to the electors of Philadelphia.
This resolution will be referred to the appropriate committee. THE
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
And a resolution honoring Dorothy June Brown and the Laboratory Charter School of Communications and Languages for receiving the United States Department of Education's Blue Ribbon School of Excellence designation for having 100 percent proficiency in reading and math.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution calling on all Members of Congress to support the Reverend Jessie Jackson's call for supporting a United States constitutional amendment guaranteeing an equal high-quality education for all of the nation's children.
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
And a resolution authorizing the Committee on Housing, Neighborhood Development and the Homeless to conduct hearings on the economics impact that homelessness has caused in the City and the possible implementation of a plan to eradicate homelessness in the City of Philadelphia in 10 years.
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 will be referred to the requested Committee. THE
And a resolution authorizing the Committee on Housing, Neighborhood Development and the Homeless to conduct hearings on the revitalization efforts of the Philadelphia Commercial Development Corporation in West Philadelphia.
The Chair again recognizes Councilwoman Blackwell.
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
I'm sorry. What that to be referred to a Committee? That last resolution will be referred to the suggested Committee. THE
And a resolution authorizing the Committee on Education to conduct hearings on the emergency response and crisis management teams findings within the Philadelphia School District.
The Chair again recognizes Councilwoman Blackwell.
Thank you. I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted and the resolution will be referred for public hearings to the Committee on Education. THE
And a resolution calling on the City Council Committee on Finance and Transportation to hold public hearings to gain an update on the status of the SEPTA Market Street El Project and its continuing impact on residents, businesses and neighborhoods in West Philadelphia and beyond.
The Chair again recognizes Councilwoman Blackwell.
Thank you. 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 will be referred to the joint Committees on Finance and Transportation. THE
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 3rd Ward of the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution authorizing Commissioner of Public Property to execute and deliver to the Redevelopment Authority City of Philadelphia deeds located in the 51st Ward of the City of Philadelphia.
Thank you. 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
And a resolution authorizing Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 32nd and 36th 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.)
The ayes have it, and the resolution is adopted. THE
And a resolution approving the actions of the Board of the Philadelphia Industrial Development Corporation and the Philadelphia Authority for Industrial Development to sell Parcel E19 located 7401 Holstein Avenue in the Eastwick Urban Renewal Area.
May I see that a moment, please? The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 30th and 36th Wards of the City of Philadelphia.
Again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution authorizing Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 36th Ward 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.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Madam President, I offer three resolutions and one bill.
Thank you. The Chief Clerk will please read the title of the bill. THE
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 187 by striking from the City Plan and vacating a portion of Salmon Street between Castor Avenue and Butler Street.
The bill will be referred to the appropriate committee. THE
And a resolution recognizing September 2004 as Childhood Cancer Awareness Month and proclaim September 18, 2004 as Gold Ribbon Day in honor of childhood cancer patients, care-givers, survivors and those who have succumbed to the disease.
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
And a resolution honoring the memory of General Friedrich Wilhelm Von Steuben and designating the area of Frankford Avenue from Welsh Road to North Street as Von Steuben in celebration of the 34th annual Steuben Day Parade to be held on Saturday, September 25, 2004.
The Chair again recognizes Councilwoman Krajewski.
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 Chief Clerk will please read the last resolution. THE
And a resolution honoring the most Reverend Joseph R. Cistone on his appointment as auxiliary bishop 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.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Mariano.
Thank you, Madam President. I have one bill and three resolutions, one which is privileged.
Thank you. The Clerk will please read the title of the bill. THE
An ordinance amending Title 9 of the Philadelphia Code entitled "Regulation of Business Trades and Professions" by adding a section to prohibit the sale of certain motor vehicles, all under certain terms and conditions.
The bill will be referred to the appropriate committee. THE
And a resolution honoring the Neighborhood Transformation Initiative and Hill International for meeting and exceeding the disadvantaged business and minority and female employment goals for construction and demolition workers.
I move for the adoption, Madam President. (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
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 7th, 18th, 19th, 23rd, 37th and 43rd Wards of the City of Philadelphia.
I move for the adoption, Madam President. (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
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 7th Ward of the City of Philadelphia.
Move for the adoption, Madam President. (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 Tasco.
Madam President, I offer four resolutions and one bill.
The Clerk will please read the title of the bill. THE
An ordinance approving the Fiscal Year 2005 Capital Budget providing for expenditures for the capital purposes of the Philadelphia Gas Works.
The bill will be referred to the appropriate committee. THE