Stated Meeting, February 4, 2008

COUNCIL OF THE CITY OF PHILADELPHIA CONTINUED STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Monday, February 4, 2008 11:55 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO 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 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

We will now go into our continued Stated Meeting of January 31st. The Chair recognizes Councilwoman Tasco for a committee report.

Thank you, Madam President. The Committee of the Whole reports three resolutions with a favorable recommendation.

I would ask Mr. McPherson to please read the report. MR. McPHERSON: The Committee of the Whole, to which was referred Resolution No. 080043, entitled "Resolution confirming the appointment of Shelley R. Smith, Esquire, as City Solicitor," respectfully reports it has considered the same and returns the attached resolution to Council with a favorable recommendation. The Committee of the Whole, to which was referred Resolution 0045, "Resolution confirming the appointment of Kenya Mann, Esquire, as a member of the Board of Ethics to serve in the term ending November 16, 2008," respectfully reports it has considered the same and returns the attached resolution to Council with a favorable recommendation. The Committee of the Whole, to which was referred Resolution No. 080074, entitled "Resolution confirming the appointment of Lori Shorr as the Public School Family and Child Advocate," respectfully reports it has considered the same and returns the attached resolution to Council with a favorable recommendation.

The Chair recognizes Councilwoman Tasco.

I move for the adoption of the resolutions. (Duly seconded.)

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

Those opposed? (No response.)

The ayes have it and the resolutions are adopted. Thank you all very much. Now, I don't know if Councilwoman Miller is in the room, but if you all recall, we continued this hearing from Thursday to consider the diversity plan. It is my understanding it is still being worked upon. It is now 12:00 noon. We will recess until 1:30.

Point of information.

Yes, sir.

Madam President, will each individual member of Council receive individual copies of those diversity plans?

I would hope so.

Do you know at what point we'll receive them? It's 12 o'clock now.

I really couldn't answer that. Do you know, Councilwoman Tasco?

No.

No. I'm sorry. Are you calling Councilwoman Miller?

Yes.

Yes, Councilwoman Sanchez.

I request that whatever is in-house be shared immediately so that we don't get all -- if we're waiting for additional information, whatever is available we should have immediately so that we can review during recess.

I would totally agree with you.

I understand the plans are available for distribution from Councilwoman Miller's office.

Well, we haven't seen them.

Point of information. If this is what you're considering a plan, I can just say looking at the beginning of it, for the Asbestos Workers, there's no listing of journeymen or apprentices. For the Bricklayers, there are no goals whatsoever. For the Cement Masons, there's no information on journeymen. There's question marks here. This is ridiculous. If this is it, this is ridiculous.

At the request of Councilwoman Miller, we're going to recess for 15 minutes, because I understand the necessary paperwork is being prepared and should be available in 15 minutes. Thank you. We'll recess for 15 minutes. (Recess from 12:05 p.m. to 1:30 p.m.)

The Stated Meeting of City Council will be continued until a quarter of 3:00. We're still trying to work out some details so that everybody would be happy and satisfied. So a quarter of 3:00. Thank you. (Recess from 1:30 p.m. to 3:30 p.m.) MR. McPHERSON: The Committee will stand in recess until 4:00 p.m. (Recess from 3:30 p.m. to 4:45 p.m.)

Can I have everyone's attention, please. The Mayor is with us to sign the Executive Order on the issue we have been working with for at least an hour.

An hour?

An

Madam President, thank you very much. I appreciate this extraordinary opportunity. My presence here today is with regard to what will be now known as Executive Order No. 5-08, entitled "The Mayor's Advisory Commission on Construction Industry Diversity." Madam President and members of Council, as I've done with other Executive Orders, I will only read the title of Section 1 and the first section associated with it. The Executive Order, I'm sure, will be copied very shortly. It's not that long, but too long to read in this particular session. It is Section 1, Establishment and Purpose of the Commission. A, the Mayor's Advisory Commission on Construction Industry Diversity, hereinafter the "Advisory Commission," is hereby established in the Mayor's Office. And I'm going to sign the Executive dated today. (Mayor Nutter signs Executive Order 5-08.)

It's historic.

And that's it. It's done. Thank you. (Applause.)

Madam President, thank you very much. I'm pleased to be a part of this process, and we will follow up on the commitments that were made as a part of the Executive Order and continue our partnership and relationship with City Council to address the very serious issues at hand regarding diversity in the workforce, specifically in construction, not only as it relates to the Pennsylvania Convention Center but all projects in Philadelphia, whether public or private. That's the purpose of the Executive Order and that's our commitment.

you.

Thank you. (Applause.)

We will now resume our Stated Meeting. The Chair recognizes Councilwoman Miller.

Thank you, Madam President. Today I will be introducing 12 resolutions that we will need to vote for separately. I'd like to ask for a suspension of the rules for all 12 of the resolutions that will be introduced today, or tonight. (Duly seconded.)

It has been moved and seconded that the rules of Council be suspended. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the motion carries. Again, the Chair recognizes Councilwoman Miller.

Thank you, Madam President. I don't actually have the resolutions. Do you have those? I just wanted to make sure. Today I have 12 resolutions -I mean 11. I'm sorry.

I would ask Mr. McPherson to please read the title of the first resolution. MR. McPHERSON: Approving Diversity Plans for the Sheet Metal Workers Local 19.

The Chair recognizes Councilwoman Miller.

I move for the adoption of the resolution. (Duly seconded.)

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

Those opposed?

Nay.

The record will indicate that Councilman Goode voted nay. All other Councilmembers voted in the affirmative. Therefore, the resolution is adopted. MR. McPHERSON: Resolution approving the Diversity Plan for the Elevator Constructors No. 5.

Again, the Chair recognizes Councilwoman Miller.

I move for the adoption of the resolution. (Duly seconded.)

It has been moved and seconded that the resolution be adopted. favor will say aye. (Aye.)

Those opposed?

Nay.

The record will reflect that Councilman Goode voted nay. All other Councilmembers voted in the affirmative. Therefore, the resolution is adopted. The Chair again recognizes Councilwoman Miller. I'm sorry, Donna. The Chair recognizes Mr. McPherson. MR. McPHERSON: A resolution approving the Diversity Plan for the Plumbers Local 690.

The Chair recognizes Councilwoman Miller.

I move for the adoption of the resolution. (Duly seconded.)

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

Those opposed?

Nay.

The record will reflect that Councilman Goode voted nay. All other members voted in the affirmative. Therefore, the resolution is adopted. Mr. McPherson. MR. McPHERSON: Approving Diversity Plans for the Bricklayers and Allied Craftworkers Local No. 1 PA and Delaware.

The Chair recognizes Councilwoman Miller.

I move for the adoption of the resolution. (Duly seconded.)

It moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Those opposed?

Nay.

The record will reflect that Councilman Goode voted nay. All other members voted in the affirmative. Therefore, the resolution passes -- or is adopted, and I would ask Mr. McPherson to please read the next resolution. MR. McPHERSON: Approving the Diversity Plan for the Sprinkler Fitters Local 692.

The Chair recognizes Councilwoman Miller.

I move for the adoption of the resolution. (Duly seconded.)

It has been moved and properly seconded that be adopted. All in favor will say aye. (Aye.)

Those opposed?

Nay.

The ayes have it. The record will reflect that Councilman Goode voted in the negative, and the resolution is adopted. Mr. McPherson. MR. McPHERSON: A resolution approving Diversity Plans for District Council 21.

Councilwoman Miller.

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?

Nay.

The ayes have it. The record will reflect that Councilman Goode voted in the negative. Therefore, the resolution is adopted. I would then ask Mr. McPherson to please read the next resolution. MR. McPHERSON: Resolution approving the Diversity Plan for Laborers Local 332.

The Chair recognizes Councilwoman Miller.

I move for the adoption of the resolution. (Duly seconded.)

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

All will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted. Mr. McPherson. MR. McPHERSON: Resolution approving the Diversity Plan for the Steamfitters Local 420.

Councilwoman Miller.

I move for the -- yes, I do. I move for the adoption of the resolution. (Duly seconded.)

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

Those opposed?

Nay.

The ayes have it. The record will reflect that Councilman Goode voted no. All other members voted in the affirmative, and the resolution is adopted. Mr. McPherson. MR. McPHERSON: A resolution approving the Diversity Plan for the Cement Workers Local No. 592.

The Chair recognizes Councilwoman Miller.

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.)

Those opposed?

Nay.

The ayes have it. The record will reflect that Councilman Goode voted no. All other members voted aye. Therefore, the resolution is adopted, and I would ask Mr. McPherson to please read the next resolution. MR. McPHERSON: Resolution approving the Diversity Plan for the Asbestos Workers Local 14.

Councilwoman Miller.

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.)

All will say aye. (Aye.)

Those opposed?

Nay.

The record will reflect that Councilman Goode voted no. All other members voted in the affirmative. Therefore, the resolution passes. I would ask Mr. McPherson to please read the title of the next resolution. MR. McPHERSON: A resolution approving the Diversity Plan for the Iron Workers Local 401.

The Chair recognizes Councilwoman Miller.

I move for the adoption of the resolution. (Duly seconded.)

It has been moved and seconded that the resolution be adopted. favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted. Do we have any others? MR. McPHERSON: No.

The Chair recognizes Councilman Goode.

Actually, I just wanted to speak on the last resolution to say that I would be voting for the Iron Workers Diversity Plan.

Did you want to be heard now?

No. It was before the vote. But I voted for it.

Okay. But you did vote aye; did you not?

I voted aye.

Very record indicated that all members voted aye and the resolution is adopted. At this time, the Chair recognizes Councilwoman Tasco for the introduction of a resolution.

Madam President, I ask for the rules of Council be suspended so as to introduce this resolution. (Duly seconded.)

Charlie. MR. McPHERSON: A resolution urging Governor Edward G. Rendell to authorize the Pennsylvania Convention Center Authority to release bids concerning the Convention Center expansion.

The Chair recognizes Councilwoman Tasco.

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 Clarke for a motion to adjourn.

Point of order.

Councilwoman, I'm sorry. Councilman, I understand Councilwoman would like to be recognized. Councilwoman Miller.

Yes. I'd actually just like to talk about the importance of what we did here today. a lot of work. There have been many meetings attended by many Councilmembers, and we finally got to the point today where we could introduce these resolutions and move forward. Today is just the beginning. There's a lot of work to be done in the future, and with the Mayor's Executive Order and these resolutions with its exhibits is a historic moment here in Philadelphia. For the 13 years I've been on the City Council, we've always talked about minority inclusion as it relates to the Building Trades, and, again, I just want to reference that this is historic and I just want to thank and commend all of my Council colleagues and many other people from the Convention Center Board that have come over to work with us diligently on this project. Lots of our staff gave up their Christmas holidays to work on this, and many of us also, and we got to the point today where we could introduce this, because this actually for me means that we'll be opening up doors for people to become included in what we see as an industry that's been closed doors. We've learned a lot and I've had quite a number of surprises on some of the numbers and some of the figures, and I'll just be glad that we can begin work and work along with the Mayor on the Advisory Commission and move forward. Thank you.

You're welcome. Anyone else want to be recognized? The Chair recognizes Councilman Green.

Yes. I just wanted to say that many of us on Council from conversations I've had -- I'll only speak for myself, I guess -- feel that the goals of some of the plans that we sufficient. In my case, I decided to approve the plans out of respect for the work that has been done by members of Council who really were pushing for this, Councilwoman Miller, Councilwoman Tasco, Councilman Clarke and others, and I just want to thank them for their leadership on this important issue and say that in my view, it's also only a beginning, and the thing that swayed my vote was the fact that these unions have committed themselves to the jurisdiction or subjected themselves to the jurisdiction of the Mayor's Commission on diversity in the trades, and I think that is significant. That Commission is going to come back and recommend to Council specific goals and remedial actions, and that fact I think is, as Councilwoman Miller said, historic, and I just want to thank them for their leadership on this.

Thank you. to be recognized? (No response.)

Seeing no one, the Chair recognizes Councilman Clarke for a motion to adjourn.

I'm sorry.

Yes.

I failed to mention Councilman Goode's leadership on this issue, and I apologize, Councilman.

Councilman Clarke.

Thank you, Madam President. Madam President, I move that Council stand adjourned until Thursday -

Point of order.

Yes, sir. The Chair recognizes Councilman Goode for a point of order.

My has nothing to do with the action that was just taken. Thank you.

Councilman Clarke.

Thank you, Madam President. Madam President, I move that Council stand adjourned until Thursday, February the 7th, 2008, 10:00 a.m. (Duly seconded.)

It has been moved and seconded that Council stand adjourned until Thursday, February 7th at 10:00 a.m. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the motion carries. Thank you. (Stated Meeting adjourned at 5:25 p.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 4, 2008, 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.)